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]
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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,
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Legal Administration, Office of the
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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
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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 https://
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]
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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
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,
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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,
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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.
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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
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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]
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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.
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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:
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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
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]]>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]
-----------------------------------------------------------------------
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.
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\1\ For the complete list of companies that ``Hengyang''
comprises, please see the ``Suspension of Liquidation'' section,
below.
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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.
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\2\ For the complete list of companies that ``TPCO'' comprises,
please see the ``Suspension of Liquidation'' section, below.
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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.
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\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'').
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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.
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\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.
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Net subsidy
Exporter/Manufacturer rate
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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
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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
