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