Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 69050-69052 [2010-28402]

Download as PDF emcdonald on DSK2BSOYB1PROD with NOTICES 69050 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Notices Technology Pilot Program, 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. Initially, participation was limited to applications filed before December 8, 2009. The USPTO is hereby expanding the eligibility for the pilot program to include applications filed on or after December 8, 2009. The program is also being extended until December 31, 2011. These changes 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: November 10, 2010. Duration: The Green Technology Pilot Program will run until December 31, 2011, except that the USPTO will accept only the first 3,000 grantable petitions to make special under the Green Technology Pilot Program in unexamined applications irrespective of the filing date of the application. 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; 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 Reduction, 74 FR 64666 (December 8, 2009), 1349 Off. Gaz. Pat. Office 362 (December 29, 2009) (Green Technology Notice). The pilot program is designed to promote the development of green technologies. The Green Technology Notice indicated that an applicant may have an application advanced out of turn and reviewed earlier (accorded special status) for examination, if the application pertained to green technologies including greenhouse gas reduction (applications pertaining to environmental quality, energy conservation, development of renewable energy resources or greenhouse gas emission reduction) and met other requirements specified in the Green Technology Notice. The USPTO VerDate Mar<15>2010 18:25 Nov 09, 2010 Jkt 223001 published a notice eliminating the classification requirement of the Green Technology Pilot Program on May 21, 2010. See Elimination of the Classification Requirement in the Green Technology Pilot Program, 75 FR 28554 (May 10, 2010), 1355 Off. Gaz. Pat. Office 188 (June 15, 2010). The Green Technology Notice required inter alia that an application be filed before December 8, 2009, the date of the original notice, to participate in the program. The Green Technology Notice also established that the program would run for twelve months from December 8, 2009. The USPTO is hereby expanding the eligibility for the pilot program to include unexamined nonreissue non-provisional utility applications filed on or after December 8, 2009. The USPTO is also extending the pilot program through December 31, 2011. Specifically, the Green Technology Pilot Program will run until 3,000 petitions have been granted (as set forth in the Green Technology Notice) or until December 31, 2011, whichever occurs earlier. Accordingly, if fewer than 3,000 grantable petitions are received, the pilot program will end on December 31, 2011. These changes will permit more applications to qualify for the pilot program, thereby allowing more inventions related to green technologies to be advanced out of turn for examination and reviewed earlier. Information concerning the number of petitions that have been filed and granted under the Green Technology Pilot Program is available on the USPTO’s Internet Web site at http:// www.uspto.gov/patents/init_events/ green_tech.jsp. The USPTO may again extend the pilot program (with or without modifications) depending on the feedback from the participants and the effectiveness of the pilot program. Applicants whose petitions were dismissed or denied solely on the basis that their applications were not filed before December 8, 2009, may file a renewed petition. If the renewed petition is filed within one month of the publication date of this notice, it will be given priority as of the date applicant filed the initial petition. Dated: October 15, 2010. David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2010–28394 Filed 11–9–10; 8:45 am] BILLING CODE 3510–16–P PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [C–570–957] Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (‘‘the Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing a countervailing duty order on certain seamless carbon and alloy steel standard, line, and pressure pipe (‘‘seamless pipe’’) from the People’s Republic of China (‘‘PRC’’). Also, as explained in this notice, the Department is amending its final determination to correct certain ministerial errors. DATES: Effective Date: November 10, 2010. AGENCY: FOR FURTHER INFORMATION CONTACT: Shane Subler, Joseph Shuler, and Matthew Jordan, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0189, (202) 482–1293, and (202) 482–1540, respectively. Background On September 21, 2010, the Department published its final determination that countervailable subsidies are being provided to producers and exporters of seamless pipe from the PRC. See Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, Final Affirmative Critical Circumstances Determination, 75 FR 57444 (September 21, 2010) (‘‘Final Determination’’). On November 4, 2010, the ITC notified the Department of its final determination pursuant to sections 705(b)(1)(A)(ii) and 705(d) of the Tariff Act of 1930, as amended (‘‘the Act’’), that an industry in the United States is threatened with material injury by reason of subsidized imports of subject merchandise from the PRC. The ITC also determined that critical circumstances do not exist. See Certain Seamless Carbon and Alloy Steel Standard, Line, E:\FR\FM\10NON1.SGM 10NON1 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES and Pressure Pipe from China, USITC Investigation Nos. 701–TA–469 and 731–TA–1168, USITC Publication 4190 (November 2010). Scope of the Order The scope of this order consists of certain seamless carbon and alloy steel (other than stainless steel) pipes and redraw hollows, less than or equal to 16 inches (406.4 mm) in outside diameter, regardless of wall-thickness, manufacturing process (e.g., hotfinished or cold-drawn), end finish (e.g., plain end, beveled end, upset end, threaded, or threaded and coupled), or surface finish (e.g., bare, lacquered or coated). Redraw hollows are any unfinished carbon or alloy steel (other than stainless steel) pipe or ‘‘hollow profiles’’ suitable for cold finishing operations, such as cold drawing, to meet the American Society for Testing and Materials (‘‘ASTM’’) or American Petroleum Institute (‘‘API’’) specifications referenced below, or comparable specifications. Specifically included within the scope are seamless carbon and alloy steel (other than stainless steel) standard, line, and pressure pipes produced to the ASTM A–53, ASTM A–106, ASTM A–333, ASTM A–334, ASTM A–589, ASTM A– 795, ASTM A–1024, and the API 5L specifications, or comparable specifications, and meeting the physical parameters described above, regardless of application, with the exception of the exclusion discussed below. Specifically excluded from the scope of the order are: (1) All pipes meeting aerospace, hydraulic, and bearing tubing specifications; (2) all pipes meeting the chemical requirements of ASTM A–335, whether finished or unfinished; and (3) unattached couplings. Also excluded from the scope of the order are all mechanical, boiler, condenser and heat exchange tubing, except when such products conform to the dimensional requirements, i.e., outside diameter and wall thickness of ASTM A–53, ASTM A–106 or API 5L specifications. The merchandise covered by the order is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under item numbers: 7304.19.1020, 7304.19.1030, 7304.19.1045, 7304.19.1060, 7304.19.5020, 7304.19.5050, 7304.31.6050, 7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060, 7304.59.6000, VerDate Mar<15>2010 18:25 Nov 09, 2010 Jkt 223001 7304.59.8010, 7304.59.8015, 7304.59.8020, 7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, 7304.59.8055, 7304.59.8060, 7304.59.8065, and 7304.59.8070. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the merchandise subject to this scope is dispositive. Amendment to the Final Determination On September 27, 2010, a petitioner in this case, United States Steel Corporation (‘‘U.S. Steel’’), filed timely allegations that the Department made two ministerial errors in its Final Determination. In summary, U.S. Steel alleged that the Department made errors in the summary rate table for respondent Hengyang 1 and made errors in the calculation of the electricity subsidy rate for Hengyang. No interested party filed a rebuttal to U.S. Steel’s allegations. After analyzing the allegations, we have determined, in accordance with 19 CFR 351.224(e), that we made the two alleged ministerial errors in our calculations. See generally Memorandum to Susan Kuhbach, Director, Office 1, AD/CVD Operations, from Matthew Jordan, International Trade Compliance Analyst, AD/CVD Operations, Office 1, ‘‘Countervailing Duty Investigation: Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe (‘‘Seamless Pipe’’) from the People’s Republic of China (‘‘PRC’’): Ministerial Errors for Final Determination’’ (October 14, 2010). Our corrected calculation to the ‘‘Provision of Electricity for Less Than Adaquate Remuneration Program’’ found an ad valorem subsidy rate of 5.46 percent for Hengyang. The previously calculated rate had been 4.22 percent ad valorem. As a result of the corrections, Hengyang’s total countervailing duty rate changed from 53.65 percent to 56.67 percent. The countervailing duty rate for the other respondent in the seamless pipe investigation, TPCO,2 did not change. As a result of the correction to Hengyang’s rate, the countervailing duty rate for all others changed from 33.66 percent to 35.17 percent. In accordance with 19 CFR 351.224(e), we are 1 For the complete list of companies that ‘‘Hengyang’’ comprises, please see the ‘‘Suspension of Liquidation’’ section, below. 2 For the complete list of companies that ‘‘TPCO’’ comprises, please see the ‘‘Suspension of Liquidation’’ section, below. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 69051 amending the Final Determination to reflect these changes. Countervailing Duty Order According to section 706(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 upon the threat of material injury. Section 706(b)(1) of the Act states, ‘‘{i}f the Commission, in its final determination under section 705(b), finds material injury or threat of material injury which, but for the suspension of liquidation under section 703(d)(2), would have led to a finding of material injury, then entries of the merchandise subject to the countervailing duty order, the liquidation of which has been suspended under section 703(d)(2), shall be subject to the imposition of countervailing duties under section 701(a).’’ In addition, section 706(b)(2) of the Act requires U.S. Customs and Border Protection (‘‘CBP’’) to refund any cash deposits or bonds of estimated countervailing duties posted before the date of publication of the ITC’s final affirmative determination, if the ITC’s final determination is based on threat other than the threat described in section 706(b)(1) of the Act. Because the ITC’s final determination in this case is based on the threat of material injury and is not accompanied by a finding that injury would have resulted but for the imposition of suspension of liquidation of entries since the Department’s Preliminary Determination 3 was published in the Federal Register, section 706(b)(2) of the Act is applicable. As a result of the ITC’s determination and in accordance with section 706(a)(1) of the Act, the Department will direct CBP to assess, upon further instruction by the Department, countervailing duties equal to the amount of the net countervailable subsidy for all relevant entries of seamless pipe from the PRC. In accordance with section 706 of the Act, the Department will direct CBP to reinstitute suspension of liquidation,4 3 See Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, 75 FR 9163 (March 1, 2010) (‘‘Preliminary Determination’’). 4 The Department instructed CBP to discontinue the suspension of liquidation on June 29, 2010, in accordance with section 703(d) of the Act. Section 703(d) states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Entries E:\FR\FM\10NON1.SGM Continued 10NON1 69052 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Notices effective on the date of publication of the ITC’s notice of final determination in the Federal Register, and to require a cash deposit for each entry of subject merchandise in an amount equal to the net countervailable subsidy rates listed below. See section 706(a)(3) of the Act. The all others rate applies to all producers and exporters of subject merchandise not specifically listed. Exporter/Manufacturer Net subsidy rate Tianjin Pipe (Group) Corp., Tianjin Pipe Iron Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product Co., Ltd., Tianjin Pipe International Economic and Trading Co., Ltd., and TPCO Charging Development Co., Ltd. ................... Hengyang Steel Tube Group Int’l Trading, Inc., Hengyang Valin Steel Tube Co., Ltd., Hengyang Valin MPM Tube Co., Ltd., Xigang Seamless Steel Tube Co., Ltd., Wuxi Seamless Special Pipe Co., Ltd., Wuxi Resources Steel Making Co., Ltd., Jiangsu Xigang Group Co., Ltd., Hunan Valin Xiangtan Iron & Steel Co., Ltd., Wuxi Sifang Steel Tube Co., Ltd., Hunan Valin Steel Co., Ltd., Hunan Valin Iron & Steel Group Co., Ltd. ............................ All Others .............................. 13.66 Dated: November 5, 2010 Edward C. Yang, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–28402 Filed 11–9–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–956] 56.67 35.17 emcdonald on DSK2BSOYB1PROD with NOTICES Termination of the Suspension of Liquidation As a result of our affirmative critical circumstances finding on Hengyang and all companies other than TPCO, CBP suspended liquidation and collected cash deposits or bonds on all entries by these companies made 90 days prior to our affirmative Preliminary Determination. Entries for TPCO were suspended and cash deposits or bonds were collected as of March 1, 2010 (i.e., the date of publication of our Preliminary Determination). The Department will instruct CBP to terminate the suspension of liquidation for entries of seamless pipe from the PRC, entered or withdrawn from warehouse, for consumption prior to the of seamless pipe from the PRC made on or after June 29, 2010, and prior to the date of publication of the ITC’s final determination in the Federal Register are not liable for the assessment of countervailing duties because of the Department’s discontinuation, effective June 29, 2010, of the suspension of liquidation. VerDate Mar<15>2010 18:25 Nov 09, 2010 publication of the ITC’s notice of final determination. The Department will also instruct CBP to refund any cash deposits made and release any bonds with respect to entries of seamless pipe entered, or withdrawn from warehouse, for consumption on or after December 1, 2009 (i.e., 90 days prior to the date of publication of the Preliminary Determination), but before the date of publication of the ITC’s final determination in the Federal Register. This notice constitutes the countervailing duty order with respect to seamless pipe from the PRC, pursuant to section 706(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 7046 of the main Commerce Building, for copies of an updated list of countervailing duty orders currently in effect. This order is issued and published in accordance with section 706(a) of the Act, 19 CFR 351.224(e) and 19 CFR 351.211(b). Jkt 223001 Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce DATES: Effective Date: November 10, 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 seamless carbon and alloy steel standard, line, and pressure pipe (‘‘seamless pipe’’) from the People’s Republic of China (‘‘PRC’’). In addition, the Department is amending its final determination to correct certain ministerial errors. FOR FURTHER INFORMATION CONTACT: Magd Zalok or Brandon Farlander, AD/ CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4162 or (202) 482– 0182, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (‘‘Act’’), on September 21, 2010, the Department published the final determination of sales at less than fair value in the antidumping duty investigation of seamless pipe from the PRC. See Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value and Critical Circumstances, in Part, 75 FR 57449 (September 21, 2010) (‘‘Final Determination’’). On November 4, 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 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China, USITC Investigation Nos. 701–TA–469 and 731–TA–1168 (Final), USITC Publication 4190, (November 2010). Scope of the Order The merchandise covered by this order is certain seamless carbon and alloy steel (other than stainless steel) pipes and redraw hollows, less than or equal to 16 inches (406.4 mm) in outside diameter, regardless of wallthickness, manufacturing process (e.g., hot-finished or cold-drawn), end finish (e.g., plain end, beveled end, upset end, threaded, or threaded and coupled), or surface finish (e.g., bare, lacquered or coated). Redraw hollows are any unfinished carbon or alloy steel (other than stainless steel) pipe or ‘‘hollow profiles’’ suitable for cold finishing operations, such as cold drawing, to meet the American Society for Testing and Materials (‘‘ASTM’’) or American Petroleum Institute (‘‘API’’) specifications referenced below, or comparable specifications. Specifically included within the scope are seamless carbon and alloy steel (other than stainless steel) standard, line, and pressure pipes produced to the ASTM A–53, ASTM A–106, ASTM A–333, ASTM A–334, ASTM A–589, ASTM A– 795, ASTM A–1024, and the API 5L specifications, or comparable specifications, and meeting the physical parameters described above, regardless of application, with the exception of the exclusion discussed below. Specifically excluded from the scope of the order are: (1) All pipes meeting E:\FR\FM\10NON1.SGM 10NON1

Agencies

[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Notices]
[Pages 69050-69052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28402]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-957]


Certain Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe From the People's Republic of China: Amended Final 
Affirmative Countervailing Duty Determination and Countervailing Duty 
Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC''), the Department is issuing a countervailing duty order on 
certain seamless carbon and alloy steel standard, line, and pressure 
pipe (``seamless pipe'') from the People's Republic of China (``PRC''). 
Also, as explained in this notice, the Department is amending its final 
determination to correct certain ministerial errors.

DATES: Effective Date: November 10, 2010.

FOR FURTHER INFORMATION CONTACT: Shane Subler, Joseph Shuler, and 
Matthew Jordan, AD/CVD Operations, Office 1, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-0189, (202) 482-1293, and (202) 482-1540, respectively.

Background

    On September 21, 2010, the Department published its final 
determination that countervailable subsidies are being provided to 
producers and exporters of seamless pipe from the PRC. See Certain 
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from 
the People's Republic of China: Final Affirmative Countervailing Duty 
Determination, Final Affirmative Critical Circumstances Determination, 
75 FR 57444 (September 21, 2010) (``Final Determination'').
    On November 4, 2010, the ITC notified the Department of its final 
determination pursuant to sections 705(b)(1)(A)(ii) and 705(d) of the 
Tariff Act of 1930, as amended (``the Act''), that an industry in the 
United States is threatened with material injury by reason of 
subsidized imports of subject merchandise from the PRC. The ITC also 
determined that critical circumstances do not exist. See Certain 
Seamless Carbon and Alloy Steel Standard, Line,

[[Page 69051]]

and Pressure Pipe from China, USITC Investigation Nos. 701-TA-469 and 
731-TA-1168, USITC Publication 4190 (November 2010).

Scope of the Order

    The scope of this order consists of certain seamless carbon and 
alloy steel (other than stainless steel) pipes and redraw hollows, less 
than or equal to 16 inches (406.4 mm) in outside diameter, regardless 
of wall-thickness, manufacturing process (e.g., hot-finished or cold-
drawn), end finish (e.g., plain end, beveled end, upset end, threaded, 
or threaded and coupled), or surface finish (e.g., bare, lacquered or 
coated). Redraw hollows are any unfinished carbon or alloy steel (other 
than stainless steel) pipe or ``hollow profiles'' suitable for cold 
finishing operations, such as cold drawing, to meet the American 
Society for Testing and Materials (``ASTM'') or American Petroleum 
Institute (``API'') specifications referenced below, or comparable 
specifications. Specifically included within the scope are seamless 
carbon and alloy steel (other than stainless steel) standard, line, and 
pressure pipes produced to the ASTM A-53, ASTM A-106, ASTM A-333, ASTM 
A-334, ASTM A-589, ASTM A-795, ASTM A-1024, and the API 5L 
specifications, or comparable specifications, and meeting the physical 
parameters described above, regardless of application, with the 
exception of the exclusion discussed below.
    Specifically excluded from the scope of the order are: (1) All 
pipes meeting aerospace, hydraulic, and bearing tubing specifications; 
(2) all pipes meeting the chemical requirements of ASTM A-335, whether 
finished or unfinished; and (3) unattached couplings. Also excluded 
from the scope of the order are all mechanical, boiler, condenser and 
heat exchange tubing, except when such products conform to the 
dimensional requirements, i.e., outside diameter and wall thickness of 
ASTM A-53, ASTM A-106 or API 5L specifications.
    The merchandise covered by the order is currently classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') under item 
numbers: 7304.19.1020, 7304.19.1030, 7304.19.1045, 7304.19.1060, 
7304.19.5020, 7304.19.5050, 7304.31.6050, 7304.39.0016, 7304.39.0020, 
7304.39.0024, 7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040, 
7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 
7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060, 7304.59.6000, 
7304.59.8010, 7304.59.8015, 7304.59.8020, 7304.59.8025, 7304.59.8030, 
7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, 7304.59.8055, 
7304.59.8060, 7304.59.8065, and 7304.59.8070.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the merchandise subject to 
this scope is dispositive.

Amendment to the Final Determination

    On September 27, 2010, a petitioner in this case, United States 
Steel Corporation (``U.S. Steel''), filed timely allegations that the 
Department made two ministerial errors in its Final Determination. In 
summary, U.S. Steel alleged that the Department made errors in the 
summary rate table for respondent Hengyang \1\ and made errors in the 
calculation of the electricity subsidy rate for Hengyang. No interested 
party filed a rebuttal to U.S. Steel's allegations.
---------------------------------------------------------------------------

    \1\ For the complete list of companies that ``Hengyang'' 
comprises, please see the ``Suspension of Liquidation'' section, 
below.
---------------------------------------------------------------------------

    After analyzing the allegations, we have determined, in accordance 
with 19 CFR 351.224(e), that we made the two alleged ministerial errors 
in our calculations. See generally Memorandum to Susan Kuhbach, 
Director, Office 1, AD/CVD Operations, from Matthew Jordan, 
International Trade Compliance Analyst, AD/CVD Operations, Office 1, 
``Countervailing Duty Investigation: Certain Seamless Carbon and Alloy 
Steel Standard, Line, and Pressure Pipe (``Seamless Pipe'') from the 
People's Republic of China (``PRC''): Ministerial Errors for Final 
Determination'' (October 14, 2010).
    Our corrected calculation to the ``Provision of Electricity for 
Less Than Adaquate Remuneration Program'' found an ad valorem subsidy 
rate of 5.46 percent for Hengyang. The previously calculated rate had 
been 4.22 percent ad valorem. As a result of the corrections, 
Hengyang's total countervailing duty rate changed from 53.65 percent to 
56.67 percent. The countervailing duty rate for the other respondent in 
the seamless pipe investigation, TPCO,\2\ did not change. As a result 
of the correction to Hengyang's rate, the countervailing duty rate for 
all others changed from 33.66 percent to 35.17 percent. In accordance 
with 19 CFR 351.224(e), we are amending the Final Determination to 
reflect these changes.
---------------------------------------------------------------------------

    \2\ For the complete list of companies that ``TPCO'' comprises, 
please see the ``Suspension of Liquidation'' section, below.
---------------------------------------------------------------------------

Countervailing Duty Order

    According to section 706(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 upon the threat of 
material injury. Section 706(b)(1) of the Act states, ``{i{time} f the 
Commission, in its final determination under section 705(b), finds 
material injury or threat of material injury which, but for the 
suspension of liquidation under section 703(d)(2), would have led to a 
finding of material injury, then entries of the merchandise subject to 
the countervailing duty order, the liquidation of which has been 
suspended under section 703(d)(2), shall be subject to the imposition 
of countervailing duties under section 701(a).'' In addition, section 
706(b)(2) of the Act requires U.S. Customs and Border Protection 
(``CBP'') to refund any cash deposits or bonds of estimated 
countervailing duties posted before the date of publication of the 
ITC's final affirmative determination, if the ITC's final determination 
is based on threat other than the threat described in section 706(b)(1) 
of the Act. Because the ITC's final determination in this case is based 
on the threat of material injury and is not accompanied by a finding 
that injury would have resulted but for the imposition of suspension of 
liquidation of entries since the Department's Preliminary Determination 
\3\ was published in the Federal Register, section 706(b)(2) of the Act 
is applicable.
---------------------------------------------------------------------------

    \3\ See Certain Seamless Carbon and Alloy Steel Standard, Line, 
and Pressure Pipe From the People's Republic of China: Preliminary 
Affirmative Countervailing Duty Determination, Preliminary 
Affirmative Critical Circumstances Determination, 75 FR 9163 (March 
1, 2010) (``Preliminary Determination'').
---------------------------------------------------------------------------

    As a result of the ITC's determination and in accordance with 
section 706(a)(1) of the Act, the Department will direct CBP to assess, 
upon further instruction by the Department, countervailing duties equal 
to the amount of the net countervailable subsidy for all relevant 
entries of seamless pipe from the PRC. In accordance with section 706 
of the Act, the Department will direct CBP to reinstitute suspension of 
liquidation,\4\

[[Page 69052]]

effective on the date of publication of the ITC's notice of final 
determination in the Federal Register, and to require a cash deposit 
for each entry of subject merchandise in an amount equal to the net 
countervailable subsidy rates listed below. See section 706(a)(3) of 
the Act. The all others rate applies to all producers and exporters of 
subject merchandise not specifically listed.
---------------------------------------------------------------------------

    \4\ The Department instructed CBP to discontinue the suspension 
of liquidation on June 29, 2010, in accordance with section 703(d) 
of the Act. Section 703(d) states that the suspension of liquidation 
pursuant to a preliminary determination may not remain in effect for 
more than four months. Entries of seamless pipe from the PRC made on 
or after June 29, 2010, and prior to the date of publication of the 
ITC's final determination in the Federal Register are not liable for 
the assessment of countervailing duties because of the Department's 
discontinuation, effective June 29, 2010, of the suspension of 
liquidation.

 
------------------------------------------------------------------------
                                                            Net subsidy
                  Exporter/Manufacturer                        rate
------------------------------------------------------------------------
Tianjin Pipe (Group) Corp., Tianjin Pipe Iron                      13.66
 Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product
 Co., Ltd., Tianjin Pipe International Economic and
 Trading Co., Ltd., and TPCO Charging Development Co.,
 Ltd....................................................
Hengyang Steel Tube Group Int'l Trading, Inc., Hengyang            56.67
 Valin Steel Tube Co., Ltd., Hengyang Valin MPM Tube
 Co., Ltd., Xigang Seamless Steel Tube Co., Ltd., Wuxi
 Seamless Special Pipe Co., Ltd., Wuxi Resources Steel
 Making Co., Ltd., Jiangsu Xigang Group Co., Ltd., Hunan
 Valin Xiangtan Iron & Steel Co., Ltd., Wuxi Sifang
 Steel Tube Co., Ltd., Hunan Valin Steel Co., Ltd.,
 Hunan Valin Iron & Steel Group Co., Ltd................
All Others..............................................           35.17
------------------------------------------------------------------------

Termination of the Suspension of Liquidation

    As a result of our affirmative critical circumstances finding on 
Hengyang and all companies other than TPCO, CBP suspended liquidation 
and collected cash deposits or bonds on all entries by these companies 
made 90 days prior to our affirmative Preliminary Determination. 
Entries for TPCO were suspended and cash deposits or bonds were 
collected as of March 1, 2010 (i.e., the date of publication of our 
Preliminary Determination).
    The Department will instruct CBP to terminate the suspension of 
liquidation for entries of seamless pipe from the PRC, entered or 
withdrawn from warehouse, for consumption prior to the publication of 
the ITC's notice of final determination. The Department will also 
instruct CBP to refund any cash deposits made and release any bonds 
with respect to entries of seamless pipe entered, or withdrawn from 
warehouse, for consumption on or after December 1, 2009 (i.e., 90 days 
prior to the date of publication of the Preliminary Determination), but 
before the date of publication of the ITC's final determination in the 
Federal Register.
    This notice constitutes the countervailing duty order with respect 
to seamless pipe from the PRC, pursuant to section 706(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 7046 of the main Commerce Building, for copies of an updated list 
of countervailing duty orders currently in effect.
    This order is issued and published in accordance with section 
706(a) of the Act, 19 CFR 351.224(e) and 19 CFR 351.211(b).

     Dated: November 5, 2010
Edward C. Yang,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-28402 Filed 11-9-10; 8:45 am]
BILLING CODE 3510-DS-P