Certain Oil Country Tubular Goods From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 28551-28554 [2010-12370]

Download as PDF Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: May 17, 2010. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. Tubular Goods from China (Investigation No. 731–TA–1159 (Final), USITC Publication 4152 (May 2010)). In addition, the Department is amending its final determination as a result of ministerial errors. FOR FURTHER INFORMATION CONTACT: Paul Stolz or Eugene Degnan, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4474 or (202) 482– 0414, respectively. In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended, (‘‘Act’’), the Department published the final determination of sales at less than fair value in the antidumping investigation of OCTG from the PRC. See Certain Oil Country Tubular Goods from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, Affirmative Final Determination of Critical Circumstances and Final Determination of Targeted Dumping, 75 FR 20335 (April 19, 2010) (‘‘Final Determination’’). SUPPLEMENTARY INFORMATION: [FR Doc. 2010–12184 Filed 5–20–10; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–943] Certain Oil Country Tubular Goods From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 21, 2010. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing an antidumping duty order on certain oil country tubular goods (‘‘OCTG’’) from the People’s Republic of China (‘‘PRC’’). On May 14, 2010 the ITC notified the Department of its affirmative determination of threat of material injury to a U.S. industry, and its negative determination of critical circumstances. See Certain Oil Country Amendment to the Final Determination On April 19, 2010, the Department published its affirmative final determination in this proceeding. See Final Determination. On April 21, 2010, Tianjin Pipe (Group) Corporation (‘‘TPCO’’), a mandatory respondent, and Petitioners 1 submitted ministerial error allegations and requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial errors in the calculation of TPCO’s dumping margin. Petitioners submitted rebuttal comments on April 26, 2010. TPCO submitted rebuttal comments on April 23, 2010 and on April 27, 2010.2 No other interested party submitted 28551 ministerial error allegations or rebuttal comments. After analyzing all interested party comments and rebuttals, we have determined, in accordance with section 735(e) of the Act and 19 CFR 351.224(e), that we made ministerial errors in our calculations for the Final Determination with respect to TPCO. For a detailed discussion of these ministerial errors, as well as the Department’s analysis of the errors and allegations, see the Memorandum to the File, ‘‘Ministerial Error Memorandum, Certain Oil Country Tubular Goods from the People’s Republic of China, Final Determination of Sales at Less Than Fair Value,’’ dated May 18, 2010. Additionally, in the Final Determination, we determined that numerous companies qualified for a separate rate. See Final Determination. Because the only other mandatory respondent in this investigation, Jiangsu Changbao Steel Tube Co., Ltd. and Jiangsu Changbao Precision Tube Co., Ltd. (collectively ‘‘Changbao’’), was determined to be part of the PRC-wide entity in the Final Determination, the cash deposit rate for these separate-rate companies is based on the calculated rate of the sole remaining mandatory respondent: TPCO. See id.; see also Final Determination and accompanying ‘‘Issues and Decision Memorandum for the Antidumping Duty Investigation of Certain Oil Country Tubular Goods from the People’s Republic of China’’, at Comment 30. Therefore, because the margin for TPCO has changed since the Final Determination, the separate rate has changed as well. It is now 32.07 percent. See Memorandum to the File, ‘‘Investigation of Certain Oil Country Tubular Goods from the People’s Republic of China: Amended Final Determination Analysis Memorandum, Tianjin Pipe (Group) Corporation,’’ dated May 18, 2010. The amended weighted-average dumping margins are as follows: Weighted-average margin percent emcdonald on DSK2BSOYB1PROD with NOTICES Exporter Producer Tianjin Pipe International Economic and Trading Corporation Angang Group Hong Kong Co., Ltd ......................................... Angang Steel Co., Ltd., and Angang Group International Trade Corporation. Anhui Tianda Oil Pipe Co., Ltd ................................................. Anshan Zhongyou Tipo Pipe & Tubing Co., Ltd ...................... Baotou Steel International Economic and Trading Co., Ltd ..... Tianjin Pipe (Group) Corporation ............................................. Angang Steel Co. Ltd ............................................................... Angang Steel Co. Ltd ............................................................... 32.07 32.07 32.07 Anhui Tianda Oil Pipe Co., Ltd ................................................ Anshan Zhongyou Tipo Pipe & Tubing Co., Ltd ...................... Seamless Tube Mill of Inner Mongolia Baotou Steel Union Co., Ltd.3. Benxi Northern Steel Pipes Co., Ltd ........................................ 32.07 32.07 32.07 Benxi Northern Steel Pipes Co., Ltd ........................................ 1 United States Steel Corporation, Maverick Tube Corporation, TMK IPSCO, V&M Star L.P., Wheatland Tube Corp., Evraz Rocky Mountain Steel, and United Steel, Paper and Forestry, Rubber, VerDate Mar<15>2010 16:40 May 20, 2010 Jkt 220001 Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO– CLC are the petitioners (collectively ‘‘Petitioners’’) in this investigation. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 32.07 2 This second set of rebuttal comments was submitted by TPCO in response to Petitioners’ rebuttal comments submitted on April 23, 2010. E:\FR\FM\21MYN1.SGM 21MYN1 28552 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices Weighted-average margin percent Exporter Producer Chengdu Wanghui Petroleum Pipe Co. Ltd ............................. Dalipal Pipe Company .............................................................. Faray Petroleum Steel Pipe Co. Ltd ........................................ Freet Petroleum Equipment Co., Ltd. of Shengli Oil Field, The Thermal Recovery Equipment, Zibo Branch. Hengyang Steel Tube Group International Trading, Inc .......... Chengdu Wanghui Petroleum Pipe Co. Ltd ............................ Dalipal Pipe Company ............................................................. Faray Petroleum Steel Pipe Co. Ltd ........................................ Freet Petroleum Equipment Co., Ltd. of Shengli Oil Field, The Thermal Recovery Equipment, Zibo Branch. Hengyang Valin MPM Tube Co., Ltd.; Hengyang Valin Steel Tube Co., Ltd. Huludao Steel Pipe Industrial Co., Ltd./Huludao City Steel Pipe Industrial Co., Ltd. Jiangsu Chengde Steel Tube Share Co., Ltd .......................... Jiangyin City Changjiang Steel Pipe Co., Ltd .......................... Pangang Group Beihai Steel Pipe Corporation ....................... Pangang Group Chengdu Iron & Steel .................................... Shengli Oilfield Highland Petroleum Equipment Co., Ltd.; ...... Huludao Steel Pipe Industrial Co., Ltd./Huludao City Steel Pipe Industrial Co., Ltd. Jiangsu Chengde Steel Tube Share Co., Ltd .......................... Jiangyin City Changjiang Steel Pipe Co., Ltd .......................... Pangang Group Beihai Steel Pipe Corporation ....................... Pangang Group Chengdu Iron & Steel .................................... Qingdao Bonded Logistics Park Products International Trading Co., Ltd. Qiqihaer Haoying Iron and Steel Co., Ltd. of Northeast Special Steel Group. Shandong Dongbao Steel Pipe Co., Ltd .................................. ShanDong HuaBao Steel Pipe Co., Ltd ................................... Shandong Molong Petroleum Machinery Co., Ltd ................... Shanghai Metals & Minerals Import & Export Corp./Shanghai Minmetals Materials & Products Corp. Shanghai Zhongyou Tipo Steel Pipe Co., Ltd .......................... Shengli Oil Field Freet Petroleum Equipment Co., Ltd ............ Shengli Oil Field Freet Petroleum Steel Pipe Co., Ltd ............ Shengli Oilfield Highland Petroleum Equipment Co., Ltd ........ Shengli Oilfield Shengji Petroleum Equipment Co., Ltd ........... Tianjin Xingyuda Import and Export Co., Ltd. & Hong Kong Gallant Group Limited. Tianjin Seamless Steel Pipe Plant ........................................... Tianjin Tiangang Special Petroleum Pipe Manufacturer Co., Ltd. Wuxi Baoda Petroleum Special Pipe Manufacturing Co., Ltd Wuxi Seamless Oil Pipe Co., Ltd ............................................. Wuxi Sp. Steel Tube Manufacturing Co., Ltd ........................... Wuxi Zhenda Special Steel Tube Manufacturing Co., Ltd ....... Xigang Seamless Steel Tube Co., Ltd ..................................... Yangzhou Lontrin Steel Tube Co., Ltd ..................................... Zhejiang Jianli Co., Ltd. & Zhejiang Jianli Steel Tube Co., Ltd PRC-wide Entity * ...................................................................... Shandong Continental Petroleum Equipment Co., Ltd.; Aofei Tele Dongying Import & Export Co., Ltd.; Highgrade Tubular Manufacturing (Tianjin) Co., Ltd.; Cangzhou City Baohai Petroleum Material Co., Ltd. Qiqihaer Haoying Iron and Steel Co., Ltd. of Northeast Special Steel Group. Shandong Dongbao Steel Pipe Co., Ltd ................................. ShanDong HuaBao Steel Pipe Co., Ltd .................................. Shandong Molong Petroleum Machinery Co., Ltd ................... Jiangsu Changbao Steel Pipe Co., Ltd.; ................................. Huludao Steel Pipe Industrial Co., Ltd.; Northeast Special Steel Group Qiqihaer Haoying Steel and Iron Co., Ltd.; Beijing Youlu Co., Ltd. Shanghai Zhongyou Tipo Steel Pipe Co., Ltd ......................... Freet Petroleum Equipment Co., Ltd. of Shengli Oil Field, The Thermal Recovery Equipment, Zibo Branch;. Faray Petroleum Steel Pipe Co., Ltd.; Shengli Oil Field Freet Petroleum Steel Pipe Co., Ltd. Freet Petroleum Equipment Co., Ltd. of Shengli Oil Field, The Thermal Recovery Equipment, Zibo Branch;. Anhui Tianda Oil Pipe Co., Ltd; Wuxi Fastube Dingyuan Precision Steel Pipe Co., Ltd. Tianjin Pipe Group Corp.; ........................................................ Goods & Materials Supply Dept. of Shengli Oilfield SinoPEC; Dagang Oilfield Group New Century Machinery Co. Ltd.; Tianjin Seamless Steel Pipe Plant; Baoshan Iron & Steel Co. Ltd. Shengli Oilfield Shengji Petroleum Equipment Co., Ltd .......... Tianjin Lifengyuanda Steel Group Co., Ltd ............................. Tianjin Seamless Steel Pipe Plant ........................................... Tianjin Tiangang Special Petroleum Pipe Manufacturer Co., Ltd. Wuxi Baoda Petroleum Special Pipe Manufacturing Co., Ltd Wuxi Seamless Oil Pipe Co., Ltd ............................................ Wuxi Precese Special Steel Co., Ltd ....................................... Huai’an Zhenda Steel Tube Manufacturing Co., Ltd ............... Xigang Seamless Steel Tube Co., Ltd.; .................................. Wuxi Seamless Special Pipe Co., Ltd. Yangzhou Lontrin Steel Tube Co., Ltd .................................... Zhejiang Jianli Co., Ltd.; .......................................................... Zhejiang Jianli Steel Tube Co., Ltd. ................................................................................................... 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 32.07 99.14 emcdonald on DSK2BSOYB1PROD with NOTICES * Includes: Jiangsu Changbao Steel Tube Co., Ltd. and Jiangsu Changbao Precision Tube Co., Ltd. and Shengli Oil Field Freet Import & Export Trade Co., Ltd. Antidumping Duty Order On May 14, 2010, in accordance with section 735(d) of the Act, the ITC 3 In Certain Oil Country Tubular Goods From the People’s Republic of China: Notice of Preliminary VerDate Mar<15>2010 16:40 May 20, 2010 Jkt 220001 Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances and Postponement of Final Determination, 74 FR 59117 (November 17, 2009) and Certain Oil Country Tubular Goods From the People’s Republic of China: Notice of Amended Preliminary Determination of Sales at Less Than PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 notified the Department of its final determination in this investigation. In its determination, the ITC found a threat Fair Value, 74 FR 69065 (December 30, 2009), we inadvertently identified the producer as Baotou Steel International Economic and Trading Co., Ltd. E:\FR\FM\21MYN1.SGM 21MYN1 emcdonald on DSK2BSOYB1PROD with NOTICES Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices of material injury. According to section 736(b)(2) of the Act, duties shall be assessed on subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s notice of final determination if that determination is based on the threat of material injury and is not accompanied by a finding that injury would have resulted without the imposition of suspension of liquidation of entries since the Department’s preliminary determination. In addition, section 736(b)(2) of the Act requires U.S. Customs and Border Protection (‘‘CBP’’) to refund any cash deposits or bonds of estimated antidumping duties posted since the preliminary antidumping determination if the ITC’s final determination is threat-based. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of OCTG from the PRC entered, or withdrawn from warehouse, for consumption on or after November 17, 2009, and before the date of publication of the ITC’s final determination in the Federal Register. Suspension of liquidation will continue after this date. See the Suspension of Liquidation section below. In addition, with regard to the ITC’s negative critical circumstances determination, and regarding to exports from the PRC-wide entity, we will also instruct CBP to lift suspension, release any bond or other security, and refund any cash deposit made to secure the payment of antidumping duties with respect to entries of the merchandise entered, or withdrawn from warehouse, for consumption on or after August 19, 2009 4 (i.e., 90 days prior to the date of publication of the preliminary determination in the Federal Register), through November 16, 2009. Scope of the Order The scope of this order consists of certain OCTG, which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish (e.g., whether or not plain end, threaded, or threaded and coupled) whether or not conforming to American Petroleum Institute (‘‘API’’) or non-API specifications, whether finished (including limited service OCTG products) or unfinished (including 4 This date was incorrectly identified as ‘‘April 19, 2009’’ in the Final Determination. VerDate Mar<15>2010 16:40 May 20, 2010 Jkt 220001 green tubes and limited service OCTG products), whether or not thread protectors are attached. The scope of the order also covers OCTG coupling stock. Excluded from the scope of the order are casing or tubing containing 10.5 percent or more by weight of chromium; drill pipe; unattached couplings; and unattached thread protectors. The merchandise covered by the order is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under item numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50. The OCTG coupling stock covered by the order may also enter under the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80, 7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, 7304.59.80.70, and 7304.59.80.80. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of the order is dispositive. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to suspend liquidation on all entries of subject merchandise from the PRC. We will also instruct CBP to require cash deposits equal to the PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 28553 estimated amount by which the normal value exceeds the U.S. price as indicated in the chart above. These instructions suspending liquidation will remain in effect until further notice. Additionally, in the Final Determination, the Department noted that in Certain Oil Country Tubular Goods From the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 FR 3203 (January 20, 2010) (‘‘CVD Final’’) the Department determined that the products under investigation, exported and produced by TPCO, benefitted from an export subsidy. Therefore, we will instruct CBP to require an antidumping cash deposit or posting of a bond equal to the weighted-average amount by which the normal value exceeds the U.S. price for TPCO, as indicated above, minus the amount determined to constitute an export subsidy. Further, for the two separate-rate companies in this investigation that also participated as mandatory respondents in the CVD investigation (i.e., Wuxi Seamless Oil Pipe Co., Ltd., and Zhejiang Jianli Co., Ltd. & Zhejiang Jianli Steel Tube Co., Ltd.), because it was determined in the CVD Final that these companies did not benefit from any export subsidy, we will not make an adjustment to the antidumping duty rate of these companies for purposes of cash deposits. For the remaining separate-rate companies, we will instruct CBP to adjust the dumping margin by the amount of export subsidies included in the All Others rate from the CVD Final. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins as discussed above. See section 735(c)(3) of the Act. The ‘‘PRC-wide’’ rate applies to all exporters of subject merchandise not specifically listed. In accordance with section 736 of the Act, the Department will also direct CBP to assess antidumping duties on all unliquidated entries of OCTG from the PRC entered, or withdrawn from warehouse, for consumption on or after the date on which the ITC published its notice of final determination of threat of material injury in the Federal Register. This notice constitutes the antidumping duty order with respect to OCTG from the PRC pursuant to section 736(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 1117 of the main E:\FR\FM\21MYN1.SGM 21MYN1 28554 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices Commerce building, for copies of an updated list of antidumping duty orders currently in effect. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211. Dated: May 19, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–12370 Filed 5–20–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign–Trade Zones Board [Docket 35–2010] emcdonald on DSK2BSOYB1PROD with NOTICES Foreign–Trade Zone 50 Long Beach, California, Application for Subzone, Louisville Bedding Company (Household Bedding Products), Ontario, California An application has been submitted to the Foreign–Trade Zones Board (the Board) by the Board of Harbor Commissioners of the Port of Long Beach, grantee of FTZ 50, requesting special–purpose subzone status for the bedding products manufacturing facility of Louisville Bedding Company (LBC) located in Ontario, California. The application was submitted pursuant to the provisions of the Foreign–Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board (15 CFR part 400). It was formally filed on May 14, 2010. The LBC plant (105 employees/9.7 acres) is located at 1200 South Etiwanda Avenue in Ontario, California. The facility is used to manufacture household bedding products, including mattress pads and pillows (up to 10 million pillows and 2 million mattress pads annually) for the U.S. market and export. LBC is requesting authority to utilize foreign–origin wide roll (80 inches and wider), high thread count (180 threads per inch and higher) cotton, polyester, and synthetic woven fabric and pillow shells (classified under HTSUS Headings 5208, 5210, 5512, 5513, and 6307; duty rate range: 7 14.9%) to be cut, sewn, quilted and assembled into the bedding products noted above under FTZ procedures. The company has also submitted an application to the Board for subzone status for its Louisville, Kentucky, facilities (Docket 28–2010, 75 FR 24572, 5–5–2010). FTZ procedures could exempt LBC from customs duty payments on the foreign–origin fabrics and pillow shells used in export production. On its VerDate Mar<15>2010 16:40 May 20, 2010 Jkt 220001 shipments for the domestic market, the finished household bedding products would be entered for consumption from the proposed subzone classified under HTSUS 9404.90, and LBC is seeking authority to elect the various finished bedding product duty rates (4.4 - 7.3%, ad valorem) for the foreign–origin fabric and pillow shell material inputs. Domestic–status fibers would be used to fill the foreign pillow shells. The application indicates that the savings from FTZ procedures would help improve the facility’s international competitiveness. In accordance with the Board’s regulations, Pierre Duy of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the following address: Office of the Executive Secretary, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230–0002. The closing period for receipt of comments is July 20, 2010. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to August 4, 2010. A copy of the application will be available for public inspection at the Office of the Foreign–Trade Zones Board’s Executive Secretary at the address listed above and in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Pierre Duy at Pierre.Duy@trade.gov or (202) 482–1378. Dated: May 17, 2010. Andrew McGilvray, Executive Secretary. [FR Doc. 2010–12287 Filed 5–20–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No.: PTO–P–2010–0042] Elimination of Classification Requirement in the Green Technology Pilot Program AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 SUMMARY: The United States Patent and Trademark Office (USPTO) implemented the Green Technology Pilot Program on December 8, 2009, which permits patent applications pertaining to environmental quality, energy conservation, development of renewable energy resources, and greenhouse gas emission reduction to be advanced out of turn for examination and reviewed earlier (accorded special status). The program is designed to promote the development of green technologies. However, the pilot program was limited to only applications classified in a number of U.S. classifications to assist the USPTO to balance the workload and gauge resources needed for the program. The USPTO has determined that the classification requirement is unnecessary because the workload has been balanced with other mechanism, and this requirement was causing the denial of petitions for applications that are drawn to green technologies. The USPTO is hereby eliminating the classification requirement for any petitions that are decided on or after the publication date of this notice. This will permit more applications to qualify for the program, thereby allowing more inventions related to green technologies to be advanced out of turn for examination and reviewed earlier. DATES: Effective Date: This change to the Green Technology Pilot Program is effective May 21, 2010. Duration: The Green Technology Pilot Program will run for twelve months from December 8, 2009, and the USPTO will only accept the first 3,000 grantable petitions to make special under the Green Technology Pilot Program in new applications filed before December 8, 2009. Accordingly, if less than 3,000 grantable petitions are received, the pilot program will end on December 8, 2010. FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer and Joni Y. Chang, Senior Legal Advisors, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at 571–272–7726 or 571–272–7720; by facsimile transmission to 571–273– 7726, marked to the attention of Pinchus M. Laufer; or by mail addressed to: Mail Stop Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313–1450. SUPPLEMENTARY INFORMATION: The USPTO published a notice for the implementation of the Green Technology Pilot Program on December 8, 2009. See Pilot Program for Green Technologies Including Greenhouse Gas E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Pages 28551-28554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12370]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-943]


Certain Oil Country Tubular Goods From the People's Republic of 
China: Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: May 21, 2010.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
certain oil country tubular goods (``OCTG'') from the People's Republic 
of China (``PRC''). On May 14, 2010 the ITC notified the Department of 
its affirmative determination of threat of material injury to a U.S. 
industry, and its negative determination of critical circumstances. See 
Certain Oil Country Tubular Goods from China (Investigation No. 731-TA-
1159 (Final), USITC Publication 4152 (May 2010)). In addition, the 
Department is amending its final determination as a result of 
ministerial errors.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Eugene Degnan, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4474 or (202) 482-0414, respectively.

SUPPLEMENTARY INFORMATION: In accordance with sections 735(d) and 
777(i)(1) of the Tariff Act of 1930, as amended, (``Act''), the 
Department published the final determination of sales at less than fair 
value in the antidumping investigation of OCTG from the PRC. See 
Certain Oil Country Tubular Goods from the People's Republic of China: 
Final Determination of Sales at Less Than Fair Value, Affirmative Final 
Determination of Critical Circumstances and Final Determination of 
Targeted Dumping, 75 FR 20335 (April 19, 2010) (``Final 
Determination'').

Amendment to the Final Determination

    On April 19, 2010, the Department published its affirmative final 
determination in this proceeding. See Final Determination. On April 21, 
2010, Tianjin Pipe (Group) Corporation (``TPCO''), a mandatory 
respondent, and Petitioners \1\ submitted ministerial error allegations 
and requested, pursuant to 19 CFR 351.224, that the Department correct 
the alleged ministerial errors in the calculation of TPCO's dumping 
margin. Petitioners submitted rebuttal comments on April 26, 2010. TPCO 
submitted rebuttal comments on April 23, 2010 and on April 27, 2010.\2\ 
No other interested party submitted ministerial error allegations or 
rebuttal comments.
---------------------------------------------------------------------------

    \1\ United States Steel Corporation, Maverick Tube Corporation, 
TMK IPSCO, V&M Star L.P., Wheatland Tube Corp., Evraz Rocky Mountain 
Steel, and United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial and Service Workers International Union, 
AFL-CIO-CLC are the petitioners (collectively ``Petitioners'') in 
this investigation.
    \2\ This second set of rebuttal comments was submitted by TPCO 
in response to Petitioners' rebuttal comments submitted on April 23, 
2010.
---------------------------------------------------------------------------

    After analyzing all interested party comments and rebuttals, we 
have determined, in accordance with section 735(e) of the Act and 19 
CFR 351.224(e), that we made ministerial errors in our calculations for 
the Final Determination with respect to TPCO. For a detailed discussion 
of these ministerial errors, as well as the Department's analysis of 
the errors and allegations, see the Memorandum to the File, 
``Ministerial Error Memorandum, Certain Oil Country Tubular Goods from 
the People's Republic of China, Final Determination of Sales at Less 
Than Fair Value,'' dated May 18, 2010.
    Additionally, in the Final Determination, we determined that 
numerous companies qualified for a separate rate. See Final 
Determination. Because the only other mandatory respondent in this 
investigation, Jiangsu Changbao Steel Tube Co., Ltd. and Jiangsu 
Changbao Precision Tube Co., Ltd. (collectively ``Changbao''), was 
determined to be part of the PRC-wide entity in the Final 
Determination, the cash deposit rate for these separate-rate companies 
is based on the calculated rate of the sole remaining mandatory 
respondent: TPCO. See id.; see also Final Determination and 
accompanying ``Issues and Decision Memorandum for the Antidumping Duty 
Investigation of Certain Oil Country Tubular Goods from the People's 
Republic of China'', at Comment 30. Therefore, because the margin for 
TPCO has changed since the Final Determination, the separate rate has 
changed as well. It is now 32.07 percent. See Memorandum to the File, 
``Investigation of Certain Oil Country Tubular Goods from the People's 
Republic of China: Amended Final Determination Analysis Memorandum, 
Tianjin Pipe (Group) Corporation,'' dated May 18, 2010. The amended 
weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                        Weighted-average
           Exporter                    Producer          margin percent
------------------------------------------------------------------------
Tianjin Pipe International      Tianjin Pipe (Group)               32.07
 Economic and Trading            Corporation.
 Corporation.
Angang Group Hong Kong Co.,     Angang Steel Co. Ltd..             32.07
 Ltd.
Angang Steel Co., Ltd., and     Angang Steel Co. Ltd..             32.07
 Angang Group International
 Trade Corporation.
Anhui Tianda Oil Pipe Co., Ltd  Anhui Tianda Oil Pipe              32.07
                                 Co., Ltd.
Anshan Zhongyou Tipo Pipe &     Anshan Zhongyou Tipo               32.07
 Tubing Co., Ltd.                Pipe & Tubing Co.,
                                 Ltd.
Baotou Steel International      Seamless Tube Mill of              32.07
 Economic and Trading Co., Ltd.  Inner Mongolia Baotou
                                 Steel Union Co.,
                                 Ltd.\3\.
Benxi Northern Steel Pipes      Benxi Northern Steel               32.07
 Co., Ltd.                       Pipes Co., Ltd.

[[Page 28552]]

 
Chengdu Wanghui Petroleum Pipe  Chengdu Wanghui                    32.07
 Co. Ltd.                        Petroleum Pipe Co.
                                 Ltd.
Dalipal Pipe Company..........  Dalipal Pipe Company..             32.07
Faray Petroleum Steel Pipe Co.  Faray Petroleum Steel              32.07
 Ltd.                            Pipe Co. Ltd.
Freet Petroleum Equipment Co.,  Freet Petroleum                    32.07
 Ltd. of Shengli Oil Field,      Equipment Co., Ltd.
 The Thermal Recovery            of Shengli Oil Field,
 Equipment, Zibo Branch.         The Thermal Recovery
                                 Equipment, Zibo
                                 Branch.
Hengyang Steel Tube Group       Hengyang Valin MPM                 32.07
 International Trading, Inc.     Tube Co., Ltd.;
                                 Hengyang Valin Steel
                                 Tube Co., Ltd.
Huludao Steel Pipe Industrial   Huludao Steel Pipe                 32.07
 Co., Ltd./Huludao City Steel    Industrial Co., Ltd./
 Pipe Industrial Co., Ltd.       Huludao City Steel
                                 Pipe Industrial Co.,
                                 Ltd.
Jiangsu Chengde Steel Tube      Jiangsu Chengde Steel              32.07
 Share Co., Ltd.                 Tube Share Co., Ltd.
Jiangyin City Changjiang Steel  Jiangyin City                      32.07
 Pipe Co., Ltd.                  Changjiang Steel Pipe
                                 Co., Ltd.
Pangang Group Beihai Steel      Pangang Group Beihai               32.07
 Pipe Corporation.               Steel Pipe
                                 Corporation.
Pangang Group Chengdu Iron &    Pangang Group Chengdu              32.07
 Steel.                          Iron & Steel.
Qingdao Bonded Logistics Park   Shengli Oilfield                   32.07
 Products International          Highland Petroleum
 Trading Co., Ltd.               Equipment Co., Ltd.;.
                                Shandong Continental               32.07
                                 Petroleum Equipment
                                 Co., Ltd.;
                                Aofei Tele Dongying
                                 Import & Export Co.,
                                 Ltd.;
                                Highgrade Tubular
                                 Manufacturing
                                 (Tianjin) Co., Ltd.;
                                Cangzhou City Baohai
                                 Petroleum Material
                                 Co., Ltd.
Qiqihaer Haoying Iron and       Qiqihaer Haoying Iron              32.07
 Steel Co., Ltd. of Northeast    and Steel Co., Ltd.
 Special Steel Group.            of Northeast Special
                                 Steel Group.
Shandong Dongbao Steel Pipe     Shandong Dongbao Steel             32.07
 Co., Ltd.                       Pipe Co., Ltd.
ShanDong HuaBao Steel Pipe      ShanDong HuaBao Steel              32.07
 Co., Ltd.                       Pipe Co., Ltd.
Shandong Molong Petroleum       Shandong Molong                    32.07
 Machinery Co., Ltd.             Petroleum Machinery
                                 Co., Ltd.
Shanghai Metals & Minerals      Jiangsu Changbao Steel             32.07
 Import & Export Corp./          Pipe Co., Ltd.;.
 Shanghai Minmetals Materials
 & Products Corp.
                                Huludao Steel Pipe
                                 Industrial Co., Ltd.;
                                Northeast Special
                                 Steel Group Qiqihaer
                                 Haoying Steel and
                                 Iron Co., Ltd.;
                                Beijing Youlu Co.,
                                 Ltd.
Shanghai Zhongyou Tipo Steel    Shanghai Zhongyou Tipo             32.07
 Pipe Co., Ltd.                  Steel Pipe Co., Ltd.
Shengli Oil Field Freet         Freet Petroleum                    32.07
 Petroleum Equipment Co., Ltd.   Equipment Co., Ltd.
                                 of Shengli Oil Field,
                                 The Thermal Recovery
                                 Equipment, Zibo
                                 Branch;.
                                Faray Petroleum Steel
                                 Pipe Co., Ltd.;
                                 Shengli Oil Field
                                 Freet Petroleum Steel
                                 Pipe Co., Ltd.
Shengli Oil Field Freet         Freet Petroleum                    32.07
 Petroleum Steel Pipe Co., Ltd.  Equipment Co., Ltd.
                                 of Shengli Oil Field,
                                 The Thermal Recovery
                                 Equipment, Zibo
                                 Branch;.
                                Anhui Tianda Oil Pipe
                                 Co., Ltd;
                                Wuxi Fastube Dingyuan
                                 Precision Steel Pipe
                                 Co., Ltd.
Shengli Oilfield Highland       Tianjin Pipe Group                 32.07
 Petroleum Equipment Co., Ltd.   Corp.;.
                                Goods & Materials
                                 Supply Dept. of
                                 Shengli Oilfield
                                 SinoPEC;
                                Dagang Oilfield Group
                                 New Century Machinery
                                 Co. Ltd.;
                                Tianjin Seamless Steel
                                 Pipe Plant; Baoshan
                                 Iron & Steel Co. Ltd.
Shengli Oilfield Shengji        Shengli Oilfield                   32.07
 Petroleum Equipment Co., Ltd.   Shengji Petroleum
                                 Equipment Co., Ltd.
Tianjin Xingyuda Import and     Tianjin Lifengyuanda               32.07
 Export Co., Ltd. & Hong Kong    Steel Group Co., Ltd.
 Gallant Group Limited.
Tianjin Seamless Steel Pipe     Tianjin Seamless Steel             32.07
 Plant.                          Pipe Plant.
Tianjin Tiangang Special        Tianjin Tiangang                   32.07
 Petroleum Pipe Manufacturer     Special Petroleum
 Co., Ltd.                       Pipe Manufacturer
                                 Co., Ltd.
Wuxi Baoda Petroleum Special    Wuxi Baoda Petroleum               32.07
 Pipe Manufacturing Co., Ltd.    Special Pipe
                                 Manufacturing Co.,
                                 Ltd.
Wuxi Seamless Oil Pipe Co.,     Wuxi Seamless Oil Pipe             32.07
 Ltd.                            Co., Ltd.
Wuxi Sp. Steel Tube             Wuxi Precese Special               32.07
 Manufacturing Co., Ltd.         Steel Co., Ltd.
Wuxi Zhenda Special Steel Tube  Huai'an Zhenda Steel               32.07
 Manufacturing Co., Ltd.         Tube Manufacturing
                                 Co., Ltd.
Xigang Seamless Steel Tube      Xigang Seamless Steel              32.07
 Co., Ltd.                       Tube Co., Ltd.;.
                                Wuxi Seamless Special
                                 Pipe Co., Ltd.
Yangzhou Lontrin Steel Tube     Yangzhou Lontrin Steel             32.07
 Co., Ltd.                       Tube Co., Ltd.
Zhejiang Jianli Co., Ltd. &     Zhejiang Jianli Co.,               32.07
 Zhejiang Jianli Steel Tube      Ltd.;.
 Co., Ltd.
                                Zhejiang Jianli Steel
                                 Tube Co., Ltd.
PRC-wide Entity \*\...........  ......................             99.14
------------------------------------------------------------------------
* Includes: Jiangsu Changbao Steel Tube Co., Ltd. and Jiangsu Changbao
  Precision Tube Co., Ltd. and Shengli Oil Field Freet Import & Export
  Trade Co., Ltd.

Antidumping Duty Order

    On May 14, 2010, in accordance with section 735(d) of the Act, the 
ITC notified the Department of its final determination in this 
investigation. In its determination, the ITC found a threat

[[Page 28553]]

of material injury. According to section 736(b)(2) of the Act, duties 
shall be assessed on subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
ITC's notice of final determination if that determination is based on 
the threat of material injury and is not accompanied by a finding that 
injury would have resulted without the imposition of suspension of 
liquidation of entries since the Department's preliminary 
determination. In addition, section 736(b)(2) of the Act requires U.S. 
Customs and Border Protection (``CBP'') to refund any cash deposits or 
bonds of estimated antidumping duties posted since the preliminary 
antidumping determination if the ITC's final determination is threat-
based. Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of OCTG from the PRC entered, or withdrawn from 
warehouse, for consumption on or after November 17, 2009, and before 
the date of publication of the ITC's final determination in the Federal 
Register. Suspension of liquidation will continue after this date. See 
the Suspension of Liquidation section below. In addition, with regard 
to the ITC's negative critical circumstances determination, and 
regarding to exports from the PRC-wide entity, we will also instruct 
CBP to lift suspension, release any bond or other security, and refund 
any cash deposit made to secure the payment of antidumping duties with 
respect to entries of the merchandise entered, or withdrawn from 
warehouse, for consumption on or after August 19, 2009 \4\ (i.e., 90 
days prior to the date of publication of the preliminary determination 
in the Federal Register), through November 16, 2009.
---------------------------------------------------------------------------

    \3\ In Certain Oil Country Tubular Goods From the People's 
Republic of China: Notice of Preliminary Determination of Sales at 
Less Than Fair Value, Affirmative Preliminary Determination of 
Critical Circumstances and Postponement of Final Determination, 74 
FR 59117 (November 17, 2009) and Certain Oil Country Tubular Goods 
From the People's Republic of China: Notice of Amended Preliminary 
Determination of Sales at Less Than Fair Value, 74 FR 69065 
(December 30, 2009), we inadvertently identified the producer as 
Baotou Steel International Economic and Trading Co., Ltd.
    \4\ This date was incorrectly identified as ``April 19, 2009'' 
in the Final Determination.

    Scope of the Order
    The scope of this order consists of certain OCTG, which are hollow 
steel products of circular cross-section, including oil well casing and 
tubing, of iron (other than cast iron) or steel (both carbon and 
alloy), whether seamless or welded, regardless of end finish (e.g., 
whether or not plain end, threaded, or threaded and coupled) whether or 
not conforming to American Petroleum Institute (``API'') or non-API 
specifications, whether finished (including limited service OCTG 
products) or unfinished (including green tubes and limited service OCTG 
products), whether or not thread protectors are attached. The scope of 
the order also covers OCTG coupling stock. Excluded from the scope of 
the order are casing or tubing containing 10.5 percent or more by 
weight of chromium; drill pipe; unattached couplings; and unattached 
thread protectors.
    The merchandise covered by the order is currently classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') under item 
numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 
7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 
7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 
7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 
7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 
7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 
7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 
7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 
7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 
7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 
7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
    The OCTG coupling stock covered by the order may also enter under 
the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28, 
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44, 
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80, 
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25, 
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, 
7304.59.80.70, and 7304.59.80.80.
    The HTSUS subheadings are provided for convenience and customs 
purposes only; the written description of the scope of the order is 
dispositive.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to suspend liquidation on all entries of subject 
merchandise from the PRC. We will also instruct CBP to require cash 
deposits equal to the estimated amount by which the normal value 
exceeds the U.S. price as indicated in the chart above. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Additionally, in the Final Determination, the Department noted that 
in Certain Oil Country Tubular Goods From the People's Republic of 
China: Amended Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 75 FR 3203 (January 20, 2010) (``CVD 
Final'') the Department determined that the products under 
investigation, exported and produced by TPCO, benefitted from an export 
subsidy. Therefore, we will instruct CBP to require an antidumping cash 
deposit or posting of a bond equal to the weighted-average amount by 
which the normal value exceeds the U.S. price for TPCO, as indicated 
above, minus the amount determined to constitute an export subsidy.
    Further, for the two separate-rate companies in this investigation 
that also participated as mandatory respondents in the CVD 
investigation (i.e., Wuxi Seamless Oil Pipe Co., Ltd., and Zhejiang 
Jianli Co., Ltd. & Zhejiang Jianli Steel Tube Co., Ltd.), because it 
was determined in the CVD Final that these companies did not benefit 
from any export subsidy, we will not make an adjustment to the 
antidumping duty rate of these companies for purposes of cash deposits.
    For the remaining separate-rate companies, we will instruct CBP to 
adjust the dumping margin by the amount of export subsidies included in 
the All Others rate from the CVD Final.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins as discussed above. See section 
735(c)(3) of the Act. The ``PRC-wide'' rate applies to all exporters of 
subject merchandise not specifically listed.
    In accordance with section 736 of the Act, the Department will also 
direct CBP to assess antidumping duties on all unliquidated entries of 
OCTG from the PRC entered, or withdrawn from warehouse, for consumption 
on or after the date on which the ITC published its notice of final 
determination of threat of material injury in the Federal Register.
    This notice constitutes the antidumping duty order with respect to 
OCTG from the PRC pursuant to section 736(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room 1117 of 
the main

[[Page 28554]]

Commerce building, for copies of an updated list of antidumping duty 
orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: May 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-12370 Filed 5-20-10; 8:45 am]
BILLING CODE 3510-DS-P