Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Rescission of Countervailing Duty Administrative Review, 78887-78888 [2011-32547]

Download as PDF Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Notices such, we requested that EROBSAN submit evidence demonstrating that the company had a Type 3 entry of subject merchandise to the United States during the CVD POR. We also explained that if ERBOSAN is unable to provide such documentation, the Department will find that there are no suspended entries of subject merchandise produced by EROBSAN against which to assess duties and will rescind the 2010 CVD administrative review with respect to the company. See Letter from the Department to ERBOSAN regarding ‘‘Entry Documentation,’’ (November 3, 2011). On November 17, 2011, ERBOSAN reported that because the exports of subject merchandise to the United States during the POR were to an unrelated importer, the company does not have any entry documentation. See ERBOSAN’s ‘‘Response to Entry Documentation Request,’’ (November 17, 2011) at 2. On December 2, 2011, officials of Import Administration met with ERBOSAN’s counsel to discuss the company’s entries of subject merchandise during the POR. See Memorandum to the File from Kristen Johnson, Trade Analyst, AD/CVD Operations, Office 3, regarding ‘‘Meeting with Counsel for ERBOSAN,’’ (December 5, 2011). Scope of the Order The products covered by this order are certain welded carbon steel pipe and tube with an outside diameter of 0.375 inch or more, but not over 16 inches, of any wall thickness (pipe and tube) from Turkey. These products are currently provided for under the Harmonized Tariff Schedule of the United States (HTSUS) as item numbers 7306.30.10, 7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. jlentini on DSK4TPTVN1PROD with NOTICES Intent To Rescind the 2010 Administrative Review, in Part Because ERBOSAN is unable to provide evidence that the company had a Type 3 entry of subject merchandise to the United States during the POR, we preliminarily determine that we will rescind the review for ERBOSAN.3 In Allegheny Ludlum Corp. v. United States, 346 F.3d 1368 (Fed. Cir. 2003), Antidumping Duty Administrative Review, 71 FR 39299, 39302 (July 12, 2006), and Portable Electric Typewriters from Japan; Final Results of Antidumping Duty Administrative Review, 56 FR 14072, 14073 (April 5, 1991). 3 We also intend to notify CBP about the status of entries of subject merchandise produced/ exported by ERBOSAN. VerDate Mar<15>2010 16:28 Dec 19, 2011 Jkt 226001 the Court of Appeals for the Federal Circuit upheld the Department’s practice of rescinding annual reviews when there are no entries of subject merchandise during the POR. Accordingly, we will continue this administrative review with respect to the Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal Ticaret T.A.S., Tosyali dis Ticaret A.S., and Toscelik Profil ve Sac Endustrisi A.S. Public Comment The Department is setting aside a period for interested parties to raise issues regarding the preliminary determination to rescind the administrative review for ERBOSAN. Interested parties may submit such comments within 20 calendar days of the publication of this notice. Comments must be filed electronically using Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). We are issuing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4) of the Department’s regulations. Dated: December 13, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–32545 Filed 12–19–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–911] Circular Welded Carbon Quality Steel Pipe From the People’s Republic of China: Rescission of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: December 20, 2011. AGENCY: FOR FURTHER INFORMATION CONTACT: Joshua Morris at (202) 482–1779; AD/ CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. Background On July 1, 2011, the Department of Commerce (‘‘the Department’’) published a notice announcing the opportunity to request an administrative PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 78887 review of the countervailing duty order on circular welded carbon quality steel pipe (‘‘CWP’’) from the People’s Republic of China (‘‘PRC’’) for the period January 1, 2010, through December 31, 2010. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 76 FR 38609 (July 1, 2011). On August 1, 2011, the Wheatland Tube Company (‘‘Wheatland’’), a domestic producer of CWP, timely requested that the Department conduct a review of nineteen producers and/or exporters of the subject merchandise. In accordance with 19 CFR 351.221(c)(1)(i), the Department published a notice initiating this administrative review. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 76 FR 53404 (August 26, 2011). Rescission of Review Pursuant to 19 CFR 351.213(d)(l), the Secretary will rescind an administrative review, in whole or in part, if the party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. On November 22, 2011, Wheatland withdrew its request for review of all nineteen exporters and producers within the 90-day period. Therefore, in response to Wheatland’s timely withdrawal, and as no other party requested a review, the Department is rescinding this administrative review. Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess countervailing duties on all appropriate entries. For the companies for which this review is rescinded, countervailing duties shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or E:\FR\FM\20DEN1.SGM 20DEN1 78888 Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Notices conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice of rescission is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act, as amended, and 19 CFR 351.213(d)(4). Dated: December 12, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–32547 Filed 12–19–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–807] Final Results of Expedited Sunset Review: Ferrovanadium and Nitrided Vanadium From Russia Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 1, 2011, the Department of Commerce (the Department) initiated the third sunset review of the antidumping duty order on ferrovanadium and nitrided vanadium from the Russian Federation (Russia), pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department has conducted an expedited (120-day) sunset review for this order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping. FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4136. SUPPLEMENTARY INFORMATION: jlentini on DSK4TPTVN1PROD with NOTICES AGENCY: Background On September 1, 2011, the Department published the notice of initiation of the third sunset review of the antidumping duty order on ferrovanadium and nitrided vanadium from Russia, pursuant to section 751(c) of the Act. See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR 54430 (September 1, 2011). The Department received notices of intent to participate from the following domestic parties within the deadline VerDate Mar<15>2010 16:28 Dec 19, 2011 Jkt 226001 specified in 19 CFR 351.218(d)(1)(i): AMG Vanadium Inc., and Gulf Chemical and Metallurgical Corporation and its wholly owned subsidiary, Bear Metallurgical Corporation (collectively ‘‘the domestic interested parties’’). The domestic interested parties claimed interested party status under section 771(9)(C) of the Act, as manufacturers or wholesalers of a domestic like product in the United States. The Department received complete substantive responses to the notice of initiation from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no response from any respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-day) sunset review of the antidumping duty order. Scope of the Order The products covered by the order are ferrovanadium and nitrided vanadium, regardless of grade, chemistry, form or size, unless expressly excluded from the scope of the order. Ferrovanadium includes alloys containing ferrovanadium as the predominant element by weight (i.e., more weight than any other element, except iron in some instances) and at least 4 percent by weight of iron. Nitrided vanadium includes compounds containing vanadium as the predominant element, by weight, and at least 5 percent, by weight, of nitrogen. Excluded from the scope of the order are vanadium additives other than ferrovanadium and nitrided vanadium, such as vanadium-aluminum master alloys, vanadium chemicals, vanadium waste and scrap, vanadium-bearing raw materials, such as slag, boiler residues, fly ash, and vanadium oxides. The products subject to the order are currently classifiable under subheadings 2850.00.20, 7202.92.00, 7202.99.5040, 8112.40.3000, and 8112.40.6000 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the ‘‘Issues and Decision Memorandum for the Expedited Sunset Review of the Antidumping Duty Order on Ferrovanadium and Nitrided Vanadium from Russia’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Operations, to Paul Piquado, Assistant Secretary for Import Administration (Decision Memorandum), which is hereby adopted by, and issued concurrently with, this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order were revoked. The Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Services System (‘‘IA ACCESS’’). Access to IA ACCESS is available in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed on the Internet at http://www.trade.gov/ia/. The signed Decision Memorandum and the electronic versions of the Decision Memorandum are identical in content. Final Results of Review We determine that revocation of the antidumping duty order on ferrovanadium and nitrided vanadium from Russia would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins: Exporter/Manufacturer Galt Alloys, Inc ......................... ¨ Gesellschaft fur Elektrometallurgie m.b.H. (and its related companies Shieldalloy Metallurgical Corporation and Metallurg, Inc.) Odermet .................................... All Other Russian Manufacturers and Exporters1 ................ Margin Percentage 3.75 11.72 10.10 108.00 1 Prior to Russia’s graduation to marketeconomy status, this rate was referred to as the Russia-wide rate. This notice also serves as the only 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. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Notices]
[Pages 78887-78888]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32547]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-911]


Circular Welded Carbon Quality Steel Pipe From the People's 
Republic of China: Rescission of Countervailing Duty Administrative 
Review

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

DATES: Effective Date: December 20, 2011.

FOR FURTHER INFORMATION CONTACT: Joshua Morris at (202) 482-1779; AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

Background

    On July 1, 2011, the Department of Commerce (``the Department'') 
published a notice announcing the opportunity to request an 
administrative review of the countervailing duty order on circular 
welded carbon quality steel pipe (``CWP'') from the People's Republic 
of China (``PRC'') for the period January 1, 2010, through December 31, 
2010. See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative Review, 
76 FR 38609 (July 1, 2011). On August 1, 2011, the Wheatland Tube 
Company (``Wheatland''), a domestic producer of CWP, timely requested 
that the Department conduct a review of nineteen producers and/or 
exporters of the subject merchandise. In accordance with 19 CFR 
351.221(c)(1)(i), the Department published a notice initiating this 
administrative review. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Requests for Revocation in Part, 76 FR 
53404 (August 26, 2011).

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(l), the Secretary will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. On 
November 22, 2011, Wheatland withdrew its request for review of all 
nineteen exporters and producers within the 90-day period. Therefore, 
in response to Wheatland's timely withdrawal, and as no other party 
requested a review, the Department is rescinding this administrative 
review.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess countervailing duties on all appropriate entries. 
For the companies for which this review is rescinded, countervailing 
duties shall be assessed at rates equal to the cash deposit of 
estimated countervailing duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions to CBP 15 days after the date of publication of 
this notice.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO materials or

[[Page 78888]]

conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    This notice of rescission is issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Tariff Act, as amended, 
and 19 CFR 351.213(d)(4).

    Dated: December 12, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-32547 Filed 12-19-11; 8:45 am]
BILLING CODE 3510-DS-P