Circular Welded Austenitic Stainless Pressure Pipe From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 43981-43983 [2011-18570]
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43981
Notices
Federal Register
Vol. 76, No. 141
Friday, July 22, 2011
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–932]
Certain Steel Threaded Rod From the
People’s Republic of China: Extension
of Time Limit for the Final Results of
Antidumping Duty Administrative
Review
allows the Department to extend this
deadline to a maximum of 180 days.
The current deadline for the completion
of the final results of this review is
September 6, 2011.
The Department has determined that
completion of the final results of this
review by the current deadline is not
practicable. The Department requires
more time to analyze a significant
amount of complex information,
including information pertaining to the
labor wage rate surrogate value.
Therefore, given the number and
complexity of issues in this case, and in
accordance with section 751(a)(3)(A) of
the Act, we are extending the time
period for issuing the final results of
review by 55 days to October 31, 2011.
This notice is published pursuant to
sections 751(a)(3)(A) and 777(i)(1) of the
Act and 19 CFR 351.213(h)(2).
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 22, 2011.
FOR FURTHER INFORMATION CONTACT: Toni
Dach or Steven Hampton, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1655 or (202) 482–
0116, respectively.
Dated: July 18, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Background
Circular Welded Austenitic Stainless
Pressure Pipe From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review
AGENCY:
On May 9, 2011, the Department of
Commerce (‘‘Department’’) published in
the Federal Register the Preliminary
Results of the administrative review of
certain steel threaded rod from the
People’s Republic of China (‘‘PRC’’),
covering the period October 8, 2008–
March 31, 2010. See Certain Steel
Threaded Rod From the People’s
Republic of China: Preliminary Results
of the First Administrative Review and
Preliminary Rescission, in Part, 75 FR
26696 (May 9, 2011).
mstockstill on DSK4VPTVN1PROD with NOTICES
Extension of Time Limit for the Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue the
final results of an administrative review
within 120 days after the date on which
the preliminary results have been
published. If it is not practicable to
complete the review within the time
period, section 751(a)(3)(A) of the Act
VerDate Mar<15>2010
17:59 Jul 21, 2011
Jkt 223001
[FR Doc. 2011–18575 Filed 7–21–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–930]
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 31, 2011, the
Department of Commerce
(‘‘Department’’) published the
Preliminary Results of the first
administrative review of the
antidumping duty order on circular
welded austenitic stainless pressure
pipe from the People’s Republic of
China (‘‘PRC’’).1 In the Preliminary
Results, the Department determined a
de minimis weighted-average margin for
the sole respondent during the period of
review (‘‘POR’’). The Department gave
AGENCY:
1 See Circular Welded Austenitic Stainless
Pressure Pipe From the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 17819 (March 31,
2011) (‘‘Preliminary Results’’).
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Fmt 4703
Sfmt 4703
interested parties an opportunity to
comment on the Preliminary Results.
After considering interested parties’
comments, the Department has made no
changes to the Preliminary Results.
Therefore, the Department continues to
find that sales have not been made
below normal value (‘‘NV’’) by the
respondent in the final results of this
administrative review. The final de
minimis weighted-average margin is
listed below in the ‘‘Final Results of the
Review’’ section of this notice. The POR
is September 5, 2008 through February
28, 2010.
DATES: Effective Date: July 22, 2011.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok or Brandon Farlander, AD/
CVD Operations, Office 4, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4162 or (202) 482–
0182, respectively.
Case History
On March 31, 2011, the Department
published the Preliminary Results of
this administrative review. On May 2,
2011, the Department received a case
brief from domestic interested parties,2
and, on May 9, 2011, the Department
received a rebuttal brief from Zhejiang
Jiuli Hi-Tech Metals Co., Ltd. (‘‘Jiuli
TC’’) and Huzhou Jiuli Welded Stainless
Steel Pipe Co., Ltd. (‘‘Jiuli SD Co.’’), the
collapsed respondent in this
administrative review.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties are addressed
in the ‘‘Circular Welded Austenitic
Stainless Pressure Pipe from the
People’s Republic of China: Issues and
Decision Memorandum for the Final
Results of the First Antidumping Duty
Administrative Review,’’ dated
concurrently with this notice (‘‘I&D
Memorandum’’), which is hereby
adopted by this notice. A list of the
issues which parties raised, and to
which the Department has responded in
the I&D Memorandum, is attached to
this notice as an Appendix. The I&D
Memorandum is a public document and
is on file in the Central Records Unit
(‘‘CRU’’), Main Commerce Building,
2 Specifically, Bristol Metals LLC, Felker Brothers
Corporation, Marcegaglia U.S.A. Inc., and
Outokumpu Stainless Products.
E:\FR\FM\22JYN1.SGM
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43982
Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Notices
Room 7046, and is accessible on the
Department’s Web site at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the memorandum
are identical in content.
Changes Since the Preliminary Results
As indicated above, the Department
made no changes to the Preliminary
Results margin calculation in the final
results of this administrative review. For
further details on the issues raised by
interested parties and the Department’s
positions on such issues, please see the
I&D Memorandum.
mstockstill on DSK4VPTVN1PROD with NOTICES
Scope of the Order
The merchandise covered by the order
is circular welded austenitic stainless
pressure pipe not greater than 14 inches
in outside diameter. This merchandise
includes, but is not limited to, the
American Society for Testing and
Materials (‘‘ASTM’’) A–312 or ASTM
A–778 specifications, or comparable
domestic or foreign specifications.
ASTM A–358 products are only
included when they are produced to
meet ASTM A–312 or ASTM A–778
specifications, or comparable domestic
or foreign specifications. Excluded from
the scope are: (1) Welded stainless
mechanical tubing, meeting ASTM
A–554 or comparable domestic or
foreign specifications; (2) boiler, heat
exchanger, superheater, refining
furnace, feedwater heater, and
condenser tubing, meeting
ASTM A–249, ASTM A–688 or
comparable domestic or foreign
specifications; and (3) specialized
tubing, meeting ASTM A–269, ASTM
A–270 or comparable domestic or
foreign specifications.
The subject imports are normally
classified in subheadings 7306.40.5005;
7306.40.5040; 7306.40.5062;
7306.40.5064; and 7306.40.5085 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). They may
also enter under HTSUS subheadings
7306.40.1010; 7306.40.1015;
7306.40.5042; 7306.40.5044;
7306.40.5080; and 7306.40.5090. The
HTSUS subheadings are provided for
convenience and customs purposes
only, the written description of the
scope of the order is dispositive.
Affiliation and Collapsing
In the Preliminary Results, the
Department found that Jiuli TC and Jiuli
SD Co. are affiliated pursuant to section
771(33)(E) of the Tariff Act of 1930 (as
amended) (the ‘‘Act’’). Additionally,
pursuant to 19 CFR 351.401(f)(1) and
(2), the Department found that the
totality of the record evidence
supported collapsing Jiuli TC and Jiuli
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17:59 Jul 21, 2011
Jkt 223001
SD Co. into a single entity. Accordingly,
the Department based its margin
calculation on record information
pertaining to Jiuli TC and Jiuli SD Co.
For further discussion on the
Department’s preliminary decision to
collapse Jiuli TC with Jiuli SD Co., see
Memorandum to Abdelali Elouaradia,
Office Director, ‘‘Whether to Collapse
Zhejiang Jiuli Hi-Tech Metals Co., Ltd.
and Huzhou Jiuli Welded Stainless Steel
Pipe Co., Ltd.’’, dated March 25, 2011.
Since the Preliminary Results, the
Department received no comments
regarding its finding that Jiuli TC and
Jiuli SD Co. are a single entity.
Accordingly, the Department has
continued to treat these two affiliated
companies as a single entity for
purposes of the final results of this
administrative review.
Non-Market Economy Treatment
The Department considers the PRC to
be a non-market economy (‘‘NME’’)
country.3 In accordance with section
771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by the administering
authority. No party has challenged the
designation of the PRC as an NME
country in this review. Therefore, the
Department continues to treat the PRC
as an NME country for purposes of the
final results of this administrative
review.
rebuttable presumption that all
companies within the country are
subject to government control and, thus,
should be assessed a single antidumping
duty rate. It is the Department’s policy
to assign all exporters of subject
merchandise in an NME country this
single rate unless an exporter can
demonstrate that it is sufficiently
independent so as to be entitled to a
separate rate.4 Based on the evidence
placed on the record of this
administrative review, the Department
preliminarily found that Jiuli TC/Jiuli
SD Co. met the criteria for separate rate
status. See the Preliminary Results.
Since the Preliminary Results, the
Department received no comments
challenging its finding that Jiuli TC/Jiuli
SD Co. met the criteria for separate rate
status. Accordingly, the Department
continues to find that Jiuli TC/Jiuli SD
Co. meets the criteria for separate rate
status for purposes of the final results of
this administrative review.
Final Results of the Review
The weighted-average dumping
margin for the POR is as follows:
Exporter
Zhejiang Jiuli Hi-Tech Metals
Co., Ltd./Huzhou Jiuli Welded Stainless Steel Pipe Co.,
Ltd .........................................
Weighted
average
margin
(percent)
0.01
Surrogate Country
In the Preliminary Results, the
Department selected India as the
primary surrogate country for the
following reasons: (1) It is a significant
producer of comparable merchandise;
(2) it is at a level of economic
development similar to that of the PRC
pursuant to section 773(c)(4) of the Act;
and (3) the Department has reliable data
from India that it can use to value the
factors of production. No party
submitted comments challenging the
Department’s selection of the primary
surrogate country. Hence, the
Department is continuing to use India as
the primary surrogate country for the
final results of this administrative
review.
Separate Rates
In proceedings involving NME
countries, the Department holds a
3 See, e.g., Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination: Coated Free Sheet Paper from the
People’s Republic of China, 72 FR 30758, 30760
(June 4, 2007), unchanged in Final Determination
of Sales at Less Than Fair Value: Coated Free Sheet
Paper from the People’s Republic of China, 72 FR
60632 (October 25, 2007).
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Fmt 4703
Sfmt 4703
Assessment Rates
The Department will determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries 5 of
subject merchandise in accordance with
the final results of this review. Pursuant
to 19 CFR 351.212(b)(1), the Department
will calculate importer-specific (or
customer-specific) ad valorem duty
assessment rates based on the ratio of
the total amount of the dumping
margins calculated for the examined
sales to the total entered value of those
same sales. In accordance with 19 CFR
351.106(c)(2), the Department will
4 See Notice of Final Determination of Sales at
Less Than Fair Value: Sparklers from the People’s
Republic of China, 56 FR 20588 (May 6, 1991), as
further developed in Notice of Final Determination
of Sales at Less Than Fair Value: Silicon Carbide
from the People’s Republic of China, 59 FR 22585
(May 2, 1994).
5 Appropriate entries would not include entries
during the gap period. The gap period represents
the period of time after the expiration of the 180day provisional measures period during the original
investigation, to the day prior to the U.S.
International Trade Commission’s final
determination. In the instant case, the gap period
is March 4, 2009, to March 16, 2009.
E:\FR\FM\22JYN1.SGM
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Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Notices
instruct CBP to liquidate, without regard
to antidumping duties, all entries of
subject merchandise during the POR for
which the importer-specific assessment
rate is zero or de minimis. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporter listed above, the cash deposit
rate will be the rate established in the
final results of this review (except, if the
rate is zero or de minimis, i.e., less than
0.5 percent, no cash deposit will be
required for that company); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 55.21 percent;
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporters that supplied that nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Orders
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
VerDate Mar<15>2010
17:59 Jul 21, 2011
Jkt 223001
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
which is subject to sanction.
Disclosure
The Department will disclose the
calculations performed in these final
results within five days of the date of
public announcement of the final results
to parties in this proceeding in
accordance with 19 CFR 351.224(b).
The Department is issuing and
publishing this administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: July 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I—Issues & Decision
Memorandum
Issues
Comment 1: The Reported Input Quantity
of Steel.
Comment 2: The Reported Scrap Offset.
[FR Doc. 2011–18570 Filed 7–21–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No.: 110620345–1331–02]
Request for Information on How To
Structure Proposed New Program:
Advanced Manufacturing Technology
Consortia (AMTech)
National Institute of Standards
and Technology (NIST), Department of
Commerce.
ACTION: Request for information.
AGENCY:
The National Institute of
Standards and Technology (NIST)
invites interested parties to provide
input on how to best structure a new
public-private partnership program, the
Advanced Manufacturing Technology
Consortia (AMTech) program, proposed
in the NIST fiscal year (FY) 2012 budget
(see https://www.osec.doc.gov/bmi/
budget/12CJ/2012_NIST_&_NTIS_Cong_
Budget.pdf pp. NIST–250 to NIST–254)
for a copy of the AMTech budget
justification). As envisioned, the
AMTech program will provide Federal
financial assistance to leverage existing
or newly created industry-led consortia
to develop precompetitive enabling
manufacturing technologies. These
SUMMARY:
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Fmt 4703
Sfmt 4703
43983
consortia would develop roadmaps of
critical long-term industrial
manufacturing research needs, and issue
subawards to fund research by
universities, government laboratories,
and U.S. businesses. This initiative will
support research and development
(R&D) in advanced manufacturing, with
the goal of strengthening long-term U.S.
leadership in the development of
critical technologies that lead to
sustainable economic growth and job
creation.
Comments are due on or before
11:59 p.m. Eastern Time on September
20, 2011.
ADDRESSES: Comments will be accepted
by e-mail only. Comments must be sent
to AMTechRFC@nist.gov with the
subject line ‘‘AMTech Comments.’’
FOR FURTHER INFORMATION CONTACT:
Barbara Lambis, 301–975–4447,
barbara.lambis@nist.gov, or Michael D.
Walsh, 301–975–5545,
michael.walsh@nist.gov.
DATES:
SUPPLEMENTARY INFORMATION:
U.S. R&D intensity is lagging that of
other nations and the composition of
industrial R&D has shifted toward shortterm research. These trends leave
industry’s long-term needs unmet and
ultimately undermine our Nation’s
competitiveness.
As part of the Administration’s effort
to address this problem, the AMTech
program aims to support early stage
technology development by
incentivizing the formation of and
providing resources to industry-led
consortia that will support
precompetitive and enabling technology
development, and create the
infrastructure necessary for more
efficient transfer of technology.
By convening key players across the
entire innovation lifecycle, AMTech
consortia will work toward eliminating
critical barriers to innovation,
increasing the efficiency of domestic
innovation efforts and collapsing the
time scale to deliver new products and
services based on scientific and
technological advances. This strategy
has the potential to drive economic
growth, enhance competitiveness and
spur the creation of jobs in high-value
sectors of the U.S. economy.
The establishment of industry-led
AMTech consortia is expected to create
an R&D infrastructure for industrygovernment partnerships that span the
innovation life cycle—from discovery to
invention to commercialization. The
R&D-efficiency dimensions of these
consortia will help accelerate the
transition of knowledge and technology
among all of the partners and thereby
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Agencies
[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Notices]
[Pages 43981-43983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18570]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-930]
Circular Welded Austenitic Stainless Pressure Pipe From the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 31, 2011, the Department of Commerce (``Department'')
published the Preliminary Results of the first administrative review of
the antidumping duty order on circular welded austenitic stainless
pressure pipe from the People's Republic of China (``PRC'').\1\ In the
Preliminary Results, the Department determined a de minimis weighted-
average margin for the sole respondent during the period of review
(``POR''). The Department gave interested parties an opportunity to
comment on the Preliminary Results. After considering interested
parties' comments, the Department has made no changes to the
Preliminary Results. Therefore, the Department continues to find that
sales have not been made below normal value (``NV'') by the respondent
in the final results of this administrative review. The final de
minimis weighted-average margin is listed below in the ``Final Results
of the Review'' section of this notice. The POR is September 5, 2008
through February 28, 2010.
---------------------------------------------------------------------------
\1\ See Circular Welded Austenitic Stainless Pressure Pipe From
the People's Republic of China: Preliminary Results of Antidumping
Duty Administrative Review, 76 FR 17819 (March 31, 2011)
(``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: July 22, 2011.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Brandon Farlander, AD/
CVD Operations, Office 4, Import Administration, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230; telephone: (202) 482-4162 or (202)
482-0182, respectively.
Case History
On March 31, 2011, the Department published the Preliminary Results
of this administrative review. On May 2, 2011, the Department received
a case brief from domestic interested parties,\2\ and, on May 9, 2011,
the Department received a rebuttal brief from Zhejiang Jiuli Hi-Tech
Metals Co., Ltd. (``Jiuli TC'') and Huzhou Jiuli Welded Stainless Steel
Pipe Co., Ltd. (``Jiuli SD Co.''), the collapsed respondent in this
administrative review.
---------------------------------------------------------------------------
\2\ Specifically, Bristol Metals LLC, Felker Brothers
Corporation, Marcegaglia U.S.A. Inc., and Outokumpu Stainless
Products.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the ``Circular Welded Austenitic Stainless Pressure Pipe
from the People's Republic of China: Issues and Decision Memorandum for
the Final Results of the First Antidumping Duty Administrative
Review,'' dated concurrently with this notice (``I&D Memorandum''),
which is hereby adopted by this notice. A list of the issues which
parties raised, and to which the Department has responded in the I&D
Memorandum, is attached to this notice as an Appendix. The I&D
Memorandum is a public document and is on file in the Central Records
Unit (``CRU''), Main Commerce Building,
[[Page 43982]]
Room 7046, and is accessible on the Department's Web site at https://ia.ita.doc.gov/frn. The paper copy and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Results
As indicated above, the Department made no changes to the
Preliminary Results margin calculation in the final results of this
administrative review. For further details on the issues raised by
interested parties and the Department's positions on such issues,
please see the I&D Memorandum.
Scope of the Order
The merchandise covered by the order is circular welded austenitic
stainless pressure pipe not greater than 14 inches in outside diameter.
This merchandise includes, but is not limited to, the American Society
for Testing and Materials (``ASTM'') A-312 or ASTM A-778
specifications, or comparable domestic or foreign specifications. ASTM
A-358 products are only included when they are produced to meet ASTM A-
312 or ASTM A-778 specifications, or comparable domestic or foreign
specifications. Excluded from the scope are: (1) Welded stainless
mechanical tubing, meeting ASTM A-554 or comparable domestic or foreign
specifications; (2) boiler, heat exchanger, superheater, refining
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249,
ASTM A-688 or comparable domestic or foreign specifications; and (3)
specialized tubing, meeting ASTM A-269, ASTM A-270 or comparable
domestic or foreign specifications.
The subject imports are normally classified in subheadings
7306.40.5005; 7306.40.5040; 7306.40.5062; 7306.40.5064; and
7306.40.5085 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). They may also enter under HTSUS subheadings 7306.40.1010;
7306.40.1015; 7306.40.5042; 7306.40.5044; 7306.40.5080; and
7306.40.5090. The HTSUS subheadings are provided for convenience and
customs purposes only, the written description of the scope of the
order is dispositive.
Affiliation and Collapsing
In the Preliminary Results, the Department found that Jiuli TC and
Jiuli SD Co. are affiliated pursuant to section 771(33)(E) of the
Tariff Act of 1930 (as amended) (the ``Act''). Additionally, pursuant
to 19 CFR 351.401(f)(1) and (2), the Department found that the totality
of the record evidence supported collapsing Jiuli TC and Jiuli SD Co.
into a single entity. Accordingly, the Department based its margin
calculation on record information pertaining to Jiuli TC and Jiuli SD
Co. For further discussion on the Department's preliminary decision to
collapse Jiuli TC with Jiuli SD Co., see Memorandum to Abdelali
Elouaradia, Office Director, ``Whether to Collapse Zhejiang Jiuli Hi-
Tech Metals Co., Ltd. and Huzhou Jiuli Welded Stainless Steel Pipe Co.,
Ltd.'', dated March 25, 2011. Since the Preliminary Results, the
Department received no comments regarding its finding that Jiuli TC and
Jiuli SD Co. are a single entity. Accordingly, the Department has
continued to treat these two affiliated companies as a single entity
for purposes of the final results of this administrative review.
Non-Market Economy Treatment
The Department considers the PRC to be a non-market economy
(``NME'') country.\3\ In accordance with section 771(18)(C)(i) of the
Act, any determination that a foreign country is an NME country shall
remain in effect until revoked by the administering authority. No party
has challenged the designation of the PRC as an NME country in this
review. Therefore, the Department continues to treat the PRC as an NME
country for purposes of the final results of this administrative
review.
---------------------------------------------------------------------------
\3\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination: Coated Free
Sheet Paper from the People's Republic of China, 72 FR 30758, 30760
(June 4, 2007), unchanged in Final Determination of Sales at Less
Than Fair Value: Coated Free Sheet Paper from the People's Republic
of China, 72 FR 60632 (October 25, 2007).
---------------------------------------------------------------------------
Surrogate Country
In the Preliminary Results, the Department selected India as the
primary surrogate country for the following reasons: (1) It is a
significant producer of comparable merchandise; (2) it is at a level of
economic development similar to that of the PRC pursuant to section
773(c)(4) of the Act; and (3) the Department has reliable data from
India that it can use to value the factors of production. No party
submitted comments challenging the Department's selection of the
primary surrogate country. Hence, the Department is continuing to use
India as the primary surrogate country for the final results of this
administrative review.
Separate Rates
In proceedings involving NME countries, the Department holds a
rebuttable presumption that all companies within the country are
subject to government control and, thus, should be assessed a single
antidumping duty rate. It is the Department's policy to assign all
exporters of subject merchandise in an NME country this single rate
unless an exporter can demonstrate that it is sufficiently independent
so as to be entitled to a separate rate.\4\ Based on the evidence
placed on the record of this administrative review, the Department
preliminarily found that Jiuli TC/Jiuli SD Co. met the criteria for
separate rate status. See the Preliminary Results. Since the
Preliminary Results, the Department received no comments challenging
its finding that Jiuli TC/Jiuli SD Co. met the criteria for separate
rate status. Accordingly, the Department continues to find that Jiuli
TC/Jiuli SD Co. meets the criteria for separate rate status for
purposes of the final results of this administrative review.
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\4\ See Notice of Final Determination of Sales at Less Than Fair
Value: Sparklers from the People's Republic of China, 56 FR 20588
(May 6, 1991), as further developed in Notice of Final Determination
of Sales at Less Than Fair Value: Silicon Carbide from the People's
Republic of China, 59 FR 22585 (May 2, 1994).
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Final Results of the Review
The weighted-average dumping margin for the POR is as follows:
------------------------------------------------------------------------
Weighted
average
Exporter margin
(percent)
------------------------------------------------------------------------
Zhejiang Jiuli Hi-Tech Metals Co., Ltd./Huzhou Jiuli Welded 0.01
Stainless Steel Pipe Co., Ltd.............................
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries \5\ of subject merchandise in accordance with the
final results of this review. Pursuant to 19 CFR 351.212(b)(1), the
Department will calculate importer-specific (or customer-specific) ad
valorem duty assessment rates based on the ratio of the total amount of
the dumping margins calculated for the examined sales to the total
entered value of those same sales. In accordance with 19 CFR
351.106(c)(2), the Department will
[[Page 43983]]
instruct CBP to liquidate, without regard to antidumping duties, all
entries of subject merchandise during the POR for which the importer-
specific assessment rate is zero or de minimis. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of this review.
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\5\ Appropriate entries would not include entries during the gap
period. The gap period represents the period of time after the
expiration of the 180-day provisional measures period during the
original investigation, to the day prior to the U.S. International
Trade Commission's final determination. In the instant case, the gap
period is March 4, 2009, to March 16, 2009.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter
listed above, the cash deposit rate will be the rate established in the
final results of this review (except, if the rate is zero or de
minimis, i.e., less than 0.5 percent, no cash deposit will be required
for that company); (2) for previously investigated or reviewed PRC and
non-PRC exporters not listed above that have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the PRC-wide rate of 55.21 percent;
and (4) for all non-PRC exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporters that supplied that non-PRC exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
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 which is subject to sanction.
Disclosure
The Department will disclose the calculations performed in these
final results within five days of the date of public announcement of
the final results to parties in this proceeding in accordance with 19
CFR 351.224(b).
The Department is issuing and publishing this administrative review
and notice in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: July 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I--Issues & Decision Memorandum
Issues
Comment 1: The Reported Input Quantity of Steel.
Comment 2: The Reported Scrap Offset.
[FR Doc. 2011-18570 Filed 7-21-11; 8:45 am]
BILLING CODE 3510-DS-P