Circular Welded Carbon Steel Pipes and Tubes from Thailand: Amended Final Results of Antidumping Duty Administrative Review, 73033-73034 [2010-29962]

Download as PDF Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES National Ranking Considerations The appropriate State Conservationist will evaluate proposals using a competitive process and forward recommended proposals to the Chief for review and selection. The Chief will give a higher priority to proposals that: (a) Have a high potential to achieve wetland restoration; (b) Have a high potential to significantly improve water quality; (c) Have a high potential to significantly improve wildlife habitat; (d) Significantly leverage non-Federal financial and technical resources and coordinate with other local, State, tribal, or Federal efforts; (e) Demonstrate the partner’s history of working cooperatively with landowners on conservation easements; (f) Provide innovation in wetland protection, restoration, and enhancement methods and outcomebased performance measures and methods; (g) Provide evidence that wetland restoration and enhancement activities will be completed within 2 years of easement closing; (h) Provide for monitoring and evaluation of the effectiveness of the restoration activities on water quality; (i) Provide for matching financial or technical assistance funds to assist landowners with the implementation of the Wetlands Reserve Plan of Operations and associated contracts; (j) Facilitate the submission of landowner applications; (k) Provide for outreach to, and participation of, Indian tribes, beginning farmers or ranchers, socially disadvantaged farmers or ranchers, and limited resource farmers or ranchers within the area covered by the agreement; and (l) Integrate a MRBI–WREP proposal with a MRBI–CCPI proposed or approved project. Partnership Agreements Upon proposal selection, NRCS will enter an agreement with a partner as the mechanism for partner participation in WREP. At a minimum, the agreement will address: (a) The role of the partner; (b) The role of NRCS; (c) The format and frequency of reports that is required as a condition of the agreement; (d) The Plan of Work and budget to identify other funding sources (if applicable) for financial or technical assistance; (e) The specified project schedule and timeframe; (f) Whether the agreement will serve as an obligating document or whether VerDate Mar<15>2010 17:57 Nov 26, 2010 Jkt 223001 funds will be obligated under a separate agreement with the partner or with a third party; and (g) Other requirements deemed necessary by NRCS to achieve purposes of the WRP. Landowner Application Landowners must meet the eligibility requirements of WRP, as published in 7 CFR part 1467. Landowners interested in participating may apply for designated WREP funds at their local service center after WREP proposals are selected. In FY 2011, NRCS will make WREP funds available to eligible landowners to enroll land under a permanent easement, a 30-year easement, a 30-year contract on acreage owned by Indian tribes, or through a Restoration Agreement. NRCS and the partner may assist landowners in determining whether the application is appropriate for WREP depending on the wetland protection, restoration, and enhancement activities that the applicant seeks to install or perform. Signed the 20th day of November, 2010, in Washington, DC. Dave White, Vice President, Commodity Credit Corporation and Chief, Natural Resources Conservation Service. [FR Doc. 2010–29958 Filed 11–26–10; 8:45 am] BILLING CODE 3410–16–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–502] Circular Welded Carbon Steel Pipes and Tubes from Thailand: Amended Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: November 29, 2010. AGENCY: FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2371. SUPPLEMENTARY INFORMATION: On October 13, 2010, the Department of Commerce (the Department) completed the final results of administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes (pipes and tubes) from Thailand, PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 73033 covering the period March 1, 2008 through February 28, 2009. The final results were subsequently released to all parties in the proceeding, and published in the Federal Register on October 20, 2010. See Circular Welded Carbon Steel Pipes and Tubes From Thailand: Final Results of Antidumping Duty Administrative Review, 75 FR 64696 (October 20, 2010). The Department disclosed the calculations in connection with the final results as required under 19 CFR 351.224(b). On October 20, 2010, pursuant to 19 CFR 351.224(c)(2), we received a timely filed allegation from the respondent in this administrative review, Saha Thai Steel Pipe (Public) Company, Limited (Saha Thai), that the Department made a ministerial error with respect to the calculation of Saha Thai’s dumping margin. See Letter from Saha Thai to the Department of Commerce, regarding ‘‘Ministerial Error in Final Results,’’ dated October 20, 2010. For further details, see Memorandum from Myrna Lobo, Case Analyst, and Heidi Schriefer, Senior Accountant, to Barbara E. Tillman, Director, titled, ‘‘Ministerial Error Allegation—Final Results of the Antidumping Duty Administrative Review of Circular Welded Carbon Steel Pipes and Tubes from Thailand: Saha Thai Steel Pipe (Public) Company Ltd.,’’ dated November 19, 2010 (Ministerial Error Allegation Memorandum). We did not receive comments on this allegation from any other interested parties. A ministerial error, as defined at section 751(h) of the Tariff Act of 1930, as amended (the Act), includes ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the Department considers ministerial.’’ See also 19 CFR 351.224(f). In its letter, Saha Thai alleges that the Department made a ministerial error by using Saha Thai’s 2008 selling and administrative expenses to calculate Saha Thai’s 2007 general and administrative (G&A) expense ratio. As stated in the final cost calculation memorandum accompanying the Final Results, we calculated the fiscal year 2007 G&A expense rate to use in the calculation of cost of production and constructed value for products with dates of sale prior to the POR (i.e., the pre-POR quarters). See Memorandum from Heidi K. Schriefer, Senior Accountant to Neal M. Halper, Director, Office of Accounting ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Final Results—Saha Thai Steel Pipe (Public) Company, Ltd. E:\FR\FM\29NON1.SGM 29NON1 73034 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices (‘‘Saha Thai’’)’’ dated October 13, 2010. The Department agrees that this constitutes a ministerial error within the meaning of section 751(h) of the Act and 19 CFR 351.224(f) because it inadvertently used the 2008 figure instead of the 2007 figure to calculate the 2007 G&A expense ratio. Therefore, the Department has corrected this expense ratio and revised its margin calculations to reflect this correction. See Ministerial Error Allegation Memorandum at 2. In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the final results in this antidumping duty administrative review of pipes and tubes from Thailand. As a result of correcting the ministerial error, the amended final weighted-average dumping margin is as follows: Final results weighted-average margin percentage Manufacturer/exporter Saha Thai Steel Pipe (Public) Co. Ltd. ....................................................................................................... mstockstill on DSKH9S0YB1PROD with NOTICES Assessment Rates The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), the Department calculates an assessment rate for each importer of the subject merchandise. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of these amended final results of review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the period of review produced by the company included in these amended final results of review for which the reviewed company did not know their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate from the investigation if there is no rate for the intermediate company involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Cash Deposit Requirements The following deposit requirements will be effective upon publication of the amended final results of this administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these amended final results, as provided by section 751(a)(2)(C) of the Act: (1) For the company covered by this review, the cash deposit rate will be the rate listed above; (2) for merchandise exported by producers or exporters not covered in this review but covered in a previous segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published in the most recent final VerDate Mar<15>2010 17:57 Nov 26, 2010 Jkt 223001 results in which that producer or exporter participated; (3) if the exporter is not a firm covered in this review or in any previous segment of this proceeding, but the producer is, the cash deposit rate will be that established for the producer of the merchandise in these final results of review or in the most recent final results in which that producer participated; and (4) if neither the exporter nor the producer is a firm covered in this review or in any previous segment of this proceeding, the cash deposit rate will be 15.67 percent, the all-others rate established in the less than fair value investigation. See Circular Welded Carbon Steel Pipes and Tubes From Thailand: Final Determination of Sales at Less Than Fair Value, 51 FR 3384 (January 27, 1986). Notification of Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Amended final results weighted-average margin percentage 2.13 percent 1.76 percent and terms of an APO is a violation that is subject to sanction. We are issuing and publishing these amended final results of review and notice in accordance with sections 751(a), 751(h), and 777(i) of the Act, and 19 CFR 351.224(e). Dated: November 19, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–29962 Filed 11–26–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Application(s) for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before December 20, 2010. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5 p.m. at the U.S. Department of Commerce in Room 3720. Docket Number: 10–065. Applicant: Vanderbilt University, 2201 West End Avenue, Nashville, TN 37235. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be used to support general biological investigations into structure function relationships. Key capabilities of the instrument include extended E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73033-73034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29962]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Circular Welded Carbon Steel Pipes and Tubes from Thailand: 
Amended Final Results of Antidumping Duty Administrative Review

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

DATES: Effective Date: November 29, 2010.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office 
6, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-2371.

SUPPLEMENTARY INFORMATION: On October 13, 2010, the Department of 
Commerce (the Department) completed the final results of administrative 
review of the antidumping duty order on circular welded carbon steel 
pipes and tubes (pipes and tubes) from Thailand, covering the period 
March 1, 2008 through February 28, 2009. The final results were 
subsequently released to all parties in the proceeding, and published 
in the Federal Register on October 20, 2010. See Circular Welded Carbon 
Steel Pipes and Tubes From Thailand: Final Results of Antidumping Duty 
Administrative Review, 75 FR 64696 (October 20, 2010).
    The Department disclosed the calculations in connection with the 
final results as required under 19 CFR 351.224(b). On October 20, 2010, 
pursuant to 19 CFR 351.224(c)(2), we received a timely filed allegation 
from the respondent in this administrative review, Saha Thai Steel Pipe 
(Public) Company, Limited (Saha Thai), that the Department made a 
ministerial error with respect to the calculation of Saha Thai's 
dumping margin. See Letter from Saha Thai to the Department of 
Commerce, regarding ``Ministerial Error in Final Results,'' dated 
October 20, 2010. For further details, see Memorandum from Myrna Lobo, 
Case Analyst, and Heidi Schriefer, Senior Accountant, to Barbara E. 
Tillman, Director, titled, ``Ministerial Error Allegation--Final 
Results of the Antidumping Duty Administrative Review of Circular 
Welded Carbon Steel Pipes and Tubes from Thailand: Saha Thai Steel Pipe 
(Public) Company Ltd.,'' dated November 19, 2010 (Ministerial Error 
Allegation Memorandum). We did not receive comments on this allegation 
from any other interested parties.
    A ministerial error, as defined at section 751(h) of the Tariff Act 
of 1930, as amended (the Act), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the Department considers ministerial.'' 
See also 19 CFR 351.224(f). In its letter, Saha Thai alleges that the 
Department made a ministerial error by using Saha Thai's 2008 selling 
and administrative expenses to calculate Saha Thai's 2007 general and 
administrative (G&A) expense ratio. As stated in the final cost 
calculation memorandum accompanying the Final Results, we calculated 
the fiscal year 2007 G&A expense rate to use in the calculation of cost 
of production and constructed value for products with dates of sale 
prior to the POR (i.e., the pre-POR quarters). See Memorandum from 
Heidi K. Schriefer, Senior Accountant to Neal M. Halper, Director, 
Office of Accounting ``Cost of Production and Constructed Value 
Calculation Adjustments for the Final Results--Saha Thai Steel Pipe 
(Public) Company, Ltd.

[[Page 73034]]

(``Saha Thai'')'' dated October 13, 2010. The Department agrees that 
this constitutes a ministerial error within the meaning of section 
751(h) of the Act and 19 CFR 351.224(f) because it inadvertently used 
the 2008 figure instead of the 2007 figure to calculate the 2007 G&A 
expense ratio. Therefore, the Department has corrected this expense 
ratio and revised its margin calculations to reflect this correction. 
See Ministerial Error Allegation Memorandum at 2.
    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the final results in this antidumping duty 
administrative review of pipes and tubes from Thailand. As a result of 
correcting the ministerial error, the amended final weighted-average 
dumping margin is as follows:

------------------------------------------------------------------------
                                                         Amended final
                                      Final results    results weighted-
       Manufacturer/exporter         weighted-average    average margin
                                    margin percentage      percentage
------------------------------------------------------------------------
Saha Thai Steel Pipe (Public) Co.        2.13 percent       1.76 percent
 Ltd..............................
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. Pursuant to 19 CFR 351.212(b)(1), the Department calculates an 
assessment rate for each importer of the subject merchandise. The 
Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after the date of publication of these amended 
final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the period of review produced by the company 
included in these amended final results of review for which the 
reviewed company did not know their merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate from the investigation if 
there is no rate for the intermediate company involved in the 
transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the amended final results of this administrative review 
for all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
amended final results, as provided by section 751(a)(2)(C) of the Act: 
(1) For the company covered by this review, the cash deposit rate will 
be the rate listed above; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a previous segment 
of this proceeding, the cash deposit rate will continue to be the 
company-specific rate published in the most recent final results in 
which that producer or exporter participated; (3) if the exporter is 
not a firm covered in this review or in any previous segment of this 
proceeding, but the producer is, the cash deposit rate will be that 
established for the producer of the merchandise in these final results 
of review or in the most recent final results in which that producer 
participated; and (4) if neither the exporter nor the producer is a 
firm covered in this review or in any previous segment of this 
proceeding, the cash deposit rate will be 15.67 percent, the all-others 
rate established in the less than fair value investigation. See 
Circular Welded Carbon Steel Pipes and Tubes From Thailand: Final 
Determination of Sales at Less Than Fair Value, 51 FR 3384 (January 27, 
1986).

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation that is subject to sanction.
    We are issuing and publishing these amended final results of review 
and notice in accordance with sections 751(a), 751(h), and 777(i) of 
the Act, and 19 CFR 351.224(e).

    Dated: November 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-29962 Filed 11-26-10; 8:45 am]
BILLING CODE 3510-DS-P
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