Circular Welded Carbon-Quality Steel Pipe From the Socialist Republic of Vietnam: Final Negative Countervailing Duty Determination, 64471-64473 [2012-25956]
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Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Notices
Comment 2 Whether the Application of the
AFA Standard Is Inconsistent with Article
12.7 of ASCM
Comment 3 Whether the Department’s
Application of AFA With Respect to
Provision of Hot-Rolled Steel by SAIL For
LTAR Was Justified
Comment 4 Whether the Department’s
Application of AFA With Respect to
Provision of Land For LTAR Was Justified
Comment 5 Whether the Department Erred
in Calculating the Subsidy Rate It Assigned
in the Preliminary Determination
[FR Doc. 2012–25970 Filed 10–19–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–810]
Circular Welded Carbon-Quality Steel
Pipe From the Socialist Republic of
Vietnam: Final Negative Countervailing
Duty Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) determines that
countervailable subsidies are not being
provided to producers and exporters of
circular welded carbon-quality steel
pipe (‘‘circular welded pipe’’) from the
Socialist Republic of Vietnam
(‘‘Vietnam’’).
AGENCY:
DATES:
Effective Date: October 22, 2012.
FOR FURTHER INFORMATION CONTACT:
Christopher Siepmann or Austin
Redington, AD/CVD Operations, Office
1, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–7958 or
(202) 482–1664, respectively.
Petitioners
The petitioners in this investigation
are Allied Tube and Conduit, JMC Steel
Group, United States Steel Corporation,
and Wheatland Tube.
Period of Investigation
The period for which we are
measuring subsidies, or period of
investigation, is January 1, 2010,
through December 31, 2010.
On April 13, 2012, the Department
issued supplemental questionnaires to
the Government of Vietnam (‘‘GOV’’),
SeAH Steel VINA Corp. (‘‘SeAH
VINA’’), and Vietnam Haiphong
Hongyuan Machinery Manufactory Co.,
Ltd. (‘‘Hongyuan’’). Timely responses
were received on April 20 (Hongyuan),
April 27 (Hongyuan), and April 27, and
May 7, 2012 (GOV). On May 4, 2012, the
Department issued an additional
supplemental questionnaire to the GOV,
and it received the GOV’s response on
May 7, 2012.
We received factual information
submissions from the GOV and
Wheatland Tube, respectively, on May 9
and May 14, 2012. On May 10, 2012,
Hongyuan filed corrections to its
previously reported data and also
submitted additional factual
information. On May 14, 2012, SeAH
VINA submitted corrections to its
previously reported data.
The Department conducted
verification of SeAH VINA’s,
Hongyuan’s, and the GOV’s
questionnaire responses from May 21, to
June 1, 2012, and issued verification
reports for SeAH VINA and Hongyuan
on July 6, 2012, and for the GOV on July
12, 2012.
The GOV, SeAH VINA, Hongyuan,
and Wheatland Tube submitted case
briefs on August 3, and rebuttal briefs
on August 8, 2012. A public hearing was
held on September 7, 2012.
Scope Comments
We set aside a period of time in our
Initiation Notice for parties to raise
issues regarding product coverage, and
encouraged all parties to submit
comments within 20 calendar days of
publication of that notice.2 As described
in the Preliminary Determination, SeAH
VINA filed comments on December 5,
2011, urging the Department to modify
the scope description. No further
comments on this issue were received.
For the reasons explained in the
Preliminary Determination, the
Department is not adopting SeAH
VINA’s proposed modification of the
scope.
Scope of the Investigation
This investigation covers welded
carbon-quality steel pipes and tube, of
circular cross-section, with an outside
wreier-aviles on DSK5TPTVN1PROD with
Case History
The following events have occurred
since the Preliminary Determination.1
1 See Circular Welded Carbon-Quality Steel Pipe
from the Socialist Republic of Vietnam: Preliminary
Affirmative Countervailing Duty Determination and
Alignment of Final Countervailing Duty
Determination With Final Antidumping Duty
VerDate Mar<15>2010
15:00 Oct 19, 2012
Jkt 229001
Determination, 77 FR 19211 (March 30, 2012)
(‘‘Preliminary Determination’’).
2 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997), and Circular
Welded Carbon-Quality Steel Pipe From India, the
Sultanate of Oman, the United Arab Emirates, and
the Socialist Republic of Vietnam: Initiation of
Countervailing Duty Investigations, 76 FR 72173
(November 22, 2011).
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64471
diameter (‘‘O.D.’’) not more than 16
inches (406.4 mm), regardless of wall
thickness, surface finish (e.g., black,
galvanized, or painted), end finish
(plain end, beveled end, grooved,
threaded, or threaded and coupled), or
industry specification (e.g., American
Society for Testing and Materials
International (‘‘ASTM’’), proprietary, or
other) generally known as standard
pipe, fence pipe and tube, sprinkler
pipe, and structural pipe (although
subject product may also be referred to
as mechanical tubing). Specifically, the
term ‘‘carbon quality’’ includes products
in which: (a) Iron predominates, by
weight, over each of the other contained
elements; (b) the carbon content is 2
percent or less, by weight; and (c) none
of the elements listed below exceeds the
quantity, by weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium;
(xiv) 0.15 percent of zirconium.
Subject pipe is ordinarily made to
ASTM specifications A53, A135, and
A795, but can also be made to other
specifications. Structural pipe is made
primarily to ASTM specifications A252
and A500. Standard and structural pipe
may also be produced to proprietary
specifications rather than to industry
specifications. Fence tubing is included
in the scope regardless of certification to
a specification listed in the exclusions
below, and can also be made to the
ASTM A513 specification. Sprinkler
pipe is designed for sprinkler fire
suppression systems and may be made
to industry specifications such as ASTM
A53 or to proprietary specifications.
These products are generally made to
standard O.D. and wall thickness
combinations. Pipe multi-stenciled to a
standard and/or structural specification
and to other specifications, such as
American Petroleum Institute (‘‘API’’)
API–5L specification, is also covered by
the scope of this investigation when it
meets the physical description set forth
above, and also has one or more of the
following characteristics: is 32 feet in
length or less; is less than 2.0 inches
(50mm) in outside diameter; has a
galvanized and/or painted (e.g.,
polyester coated) surface finish; or has
a threaded and/or coupled end finish.
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64472
Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Notices
wreier-aviles on DSK5TPTVN1PROD with
The scope of this investigation does
not include: (a) Pipe suitable for use in
boilers, superheaters, heat exchangers,
refining furnaces and feedwater heaters,
whether or not cold drawn; (b) finished
electrical conduit; (c) finished
scaffolding 3; (d) tube and pipe hollows
for redrawing; (e) oil country tubular
goods produced to API specifications; (f)
line pipe produced to only API
specifications; and (g) mechanical
tubing, whether or not cold-drawn.
However, products certified to ASTM
mechanical tubing specifications are not
excluded as mechanical tubing if they
otherwise meet the standard sizes (e.g.,
outside diameter and wall thickness) of
standard, structural, fence and sprinkler
pipe. Also, products made to the
following outside diameter and wall
thickness combinations, which are
recognized by the industry as typical for
fence tubing, would not be excluded
from the scope based solely on their
being certified to ASTM mechanical
tubing specifications:
1.315 inch O.D. and 0.035 inch wall
thickness (gage 20)
1.315 inch O.D. and 0.047 inch wall
thickness (gage 18)
1.315 inch O.D. and 0.055 inch wall
thickness (gage 17)
1.315 inch O.D. and 0.065 inch wall
thickness (gage 16)
1.315 inch O.D. and 0.072 inch wall
thickness (gage 15)
1.315 inch O.D. and 0.083 inch wall
thickness (gage 14)
1.315 inch O.D. and 0.095 inch wall
thickness (gage 13)
1.660 inch O.D. and 0.047 inch wall
thickness (gage 18)
1.660 inch O.D. and 0.055 inch wall
thickness (gage 17)
1.660 inch O.D. and 0.065 inch wall
thickness (gage 16)
1.660 inch O.D. and 0.072 inch wall
thickness (gage 15)
1.660 inch O.D. and 0.083 inch wall
thickness (gage 14)
1.660 inch O.D. and 0.095 inch wall
thickness (gage 13)
1.660 inch O.D. and 0.109 inch wall
thickness (gage 12)
1.900 inch O.D. and 0.047 inch wall
thickness (gage 18)
1.900 inch O.D. and 0.055 inch wall
thickness (gage 17)
1.900 inch O.D. and 0.065 inch wall
thickness (gage 16)
1.900 inch O.D. and 0.072 inch wall
thickness (gage 15)
3 Finished scaffolding is defined as component
parts of a final, finished scaffolding that enters the
United States unassembled as a ‘‘kit.’’ A ‘‘kit’’ is
understood to mean a packaged combination of
component parts that contain, at the time of
importation, all the necessary component parts to
fully assemble a final, finished scaffolding.
VerDate Mar<15>2010
17:36 Oct 19, 2012
Jkt 229001
1.900 inch O.D. and 0.095 inch wall
thickness (gage 13)
1.900 inch O.D. and 0.109 inch wall
thickness (gage 12)
2.375 inch O.D. and 0.047 inch wall
thickness (gage 18)
2.375 inch O.D. and 0.055 inch wall
thickness (gage 17)
2.375 inch O.D. and 0.065 inch wall
thickness (gage 16)
2.375 inch O.D. and 0.072 inch wall
thickness (gage 15)
2.375 inch O.D. and 0.095 inch wall
thickness (gage 13)
2.375 inch O.D. and 0.109 inch wall
thickness (gage 12)
2.375 inch O.D. and 0.120 inch wall
thickness (gage 11)
2.875 inch O.D. and 0.109 inch wall
thickness (gage 12)
2.875 inch O.D. and 0.134 inch wall
thickness (gage 10)
2.875 inch O.D. and 0.165 inch wall
thickness (gage 8)
3.500 inch O.D. and 0.109 inch wall
thickness (gage 12)
3.500 inch O.D. and 0.148 inch wall
thickness (gage 9)
3.500 inch O.D. and 0.165 inch wall
thickness (gage 8)
4.000 inch O.D. and 0.148 inch wall
thickness (gage 9)
4.000 inch O.D. and 0.165 inch wall
thickness (gage 8)
4.500 inch O.D. and 0.203 inch wall
thickness (gage 7)
The pipe subject to this investigation
is currently classifiable in Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) statistical reporting numbers
7306.19.1010, 7306.19.1050,
7306.19.5110, 7306.19.5150,
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085,
7306.30.5090, 7306.50.1000,
7306.50.5050, and 7306.50.5070.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise under the investigation is
dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
investigation are addressed in the
Memorandum from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant
Secretary for Import Administration,
entitled ‘‘Issues and Decision
Memorandum for the Final
Determination in the Countervailing
Duty Investigation of Circular Welded
Carbon-Quality Steel Pipe from the
Socialist Republic of Vietnam’’ (October
15, 2012) (hereafter, ‘‘Decision
PO 00000
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Memorandum’’), which is hereby
adopted by this notice. Attached to this
notice as an Appendix is a list of the
issues that parties have raised and to
which we have responded in the
Decision Memorandum. The Decision
Memorandum is a public document and
is on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and 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
directly 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.
Suspension of Liquidation
For this final determination, we have
determined that neither of the
producers/exporters of the subject
merchandise individually investigated
received countervailable subsidies.
Therefore, we determine that
countervailable subsidies are not being
provided to producers or exporters in
Vietnam of circular welded pipe.
Because we have reached a final
negative determination we are
terminating this investigation.
Moreover, in accordance with section
705(c)(2) of the Tariff Act of 1930, as
amended (‘‘Act’’), we will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to release any bond or other security
and refund any cash deposits that were
collected for shipments of subject
merchandise entered, or withdrawn
from warehouse on or after March 30,
2012, the date that we instructed CBP to
suspend liquidation following the
Preliminary Determination. The interest
provisions of section 778 of the Act do
not apply.
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination.
Return or Destruction of Proprietary
Information
This notice 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(a)(3).
Failure to comply is a violation of the
APO.
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Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Notices
This determination is published
pursuant to sections 705(d) and 777(i) of
the Act.
DEPARTMENT OF COMMERCE
Dated: October 15, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[C–523–802]
Circular Welded Carbon-Quality Steel
Pipe From the Sultanate of Oman:
Final Affirmative Countervailing Duty
Determination
Appendix
List of Comments and Issues in the Decision
Memorandum
General Issues
Comment 1 Applicability of the CVD Law
to the Socialist Republic of Vietnam
Comment 2 The Appropriate De Minimis
Standard
Import Duty Exemptions on Imported Raw
Materials for Export Processing Enterprises
and Export Processing Zones
Comment 3 Countervailability of Import
Duty Exemptions for Export Processing
Enterprises and Companies in Export
Processing Zones
Comment 4 The GOV’s System for
Monitoring the Inputs Used To Produce
Exported Goods
Import Duty Exemptions for Imported Fixed
Assets, Spare Parts and Accessories for
Export Processing Enterprises and Export
Processing Zones
Comment 5 Whether Hongyuan’s Failure to
Report Imports of Spare Parts and
Accessories Warrants Use of AFA
Import Duty Exemptions for Imported Fixed
Assets, Spare Parts and Accessories for
Encouraged Projects
Comment 6 SeAH VINA’s Failure to Report
Some Imports
Comment 7 Whether SeAH VINA Received
Countervailable Duty Exemptions on its
Purchases of Fixed Assets, Spare Parts and
Accessories
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) determines that
countervailable subsidies are being
provided to producers and exporters of
circular welded carbon-quality steel
pipe (‘‘circular welded pipe’’) from the
Sultanate of Oman (‘‘Oman’’).
DATES: Effective Date: October 22, 2012.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Shane Subler, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6478 or (202) 482–
0189, respectively.
AGENCY:
Petitioners
The petitioners in this investigation
are Allied Tube and Conduit, JMC Steel
Group, United States Steel Corporation,
and Wheatland Tube Corporation
(‘‘Wheatland Tube’’).
Period of Investigation
The period for which we are
measuring subsidies, or period of
investigation, is January 1, 2010,
through December 31, 2010.
for hearing on April 30, 2012.
Wheatland Tube also submitted factual
information/pre-verification comments
on June 1, 2012.
The Department conducted
verification of Al Jazeera’s and the
GSO’s questionnaire responses from
June 11 to June 15, 2012. We issued our
verification reports on August 21 (Al
Jazeera) and August 23, 2012 (GSO).
The GSO and Al Jazeera, and
Wheatland Tube submitted case and
rebuttal briefs on September 5, and
September 10, 2012, respectively. A
public hearing was held on September
14, 2012.
Scope Comments
In accordance with the preamble to
the Department’s regulations, we set
aside a period of time in our Initiation
Notice for parties to raise issues
regarding product coverage, and
encouraged all parties to submit
comments within 20 calendar days of
publication of that notice.2 As described
in the Preliminary Determination, SeAH
Steel VINA Corp. (‘‘SeAH VINA’’) filed
comments on December 5, 2011, urging
the Department to modify the scope
description. No further comments on
this issue were received.
For the reasons explained in the
Preliminary Determination, the
Department is not adopting SeAH
VINA’s proposed modification of the
scope in its final determination.
Scope of the Investigation
Comment 8 Preferential Financing to the
Steel Industry
Comment 9 Preferential Lending for
Exporters
Comment 10 Whether the Banks That
Provided Loans to Hongyuan and SeAH
VINA Are Public Entities
Comment 11 The Appropriate Benchmark
for Policy Loans
Provision of Land for Less Than Adequate
Remuneration (‘‘LTAR’’) in Encouraged
Industries or Industrial Zones
Comment 12
SeAH VINA’s Land
[FR Doc. 2012–25956 Filed 10–19–12; 8:45 am]
Case History
The following events have occurred
since the Preliminary Determination.1
On April 5, 2012, a supplemental
questionnaire was sent to Al Jazeera
Steel Products Co. SAOG (‘‘Al Jazeera’’)
and we received Al Jazeera’s response
on April 12, 2012. We sent
supplemental questionnaires to the
Government of the Sultanate of Oman
(‘‘GSO’’) on April 5, April 20, and May
10, 2012. We received the GSO’s
responses, respectively, on April 12,
April 27, and May 17, 2012.
We received comments from
Wheatland Tube addressing the GSO’s
submission on April 6, April 19, April
27, May 10, May 25, 2012 and a request
This investigation covers welded
carbon-quality steel pipes and tube, of
circular cross-section, with an outside
diameter (‘‘O.D.’’) not more than 16
inches (406.4 mm), regardless of wall
thickness, surface finish (e.g., black,
galvanized, or painted), end finish
(plain end, beveled end, grooved,
threaded, or threaded and coupled), or
industry specification (e.g., American
Society for Testing and Materials
International (‘‘ASTM’’), proprietary, or
other) generally known as standard
pipe, fence pipe and tube, sprinkler
pipe, and structural pipe (although
subject product may also be referred to
as mechanical tubing). Specifically, the
term ‘‘carbon quality’’ includes products
in which: (a) iron predominates, by
weight, over each of the other contained
elements; (b) the carbon content is 2
percent or less, by weight; and (c) none
1 See Circular Welded Carbon-Quality Steel Pipe
from the Sultanate of Oman: Preliminary Negative
Countervailing Duty Determination and Alignment
of Final Countervailing Duty Determination With
Final Antidumping Duty Determination, 77 FR
19635 (April 2, 2012) (‘‘Preliminary
Determination’’).
Policy Loans
wreier-aviles on DSK5TPTVN1PROD with
International Trade Administration
64473
2 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) and Circular
Welded Carbon-Quality Steel Pipe from India, the
Sultanate of Oman, the United Arab Emirates, and
the Socialist Republic of Vietnam: Initiation of
Countervailing Duty Investigations, 76 FR 72173
(November 22, 2011) (‘‘Initiation Notice’’).
BILLING CODE 3510–DS–P
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15:00 Oct 19, 2012
Jkt 229001
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Agencies
[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Notices]
[Pages 64471-64473]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25956]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-810]
Circular Welded Carbon-Quality Steel Pipe From the Socialist
Republic of Vietnam: Final Negative Countervailing Duty Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') determines
that countervailable subsidies are not being provided to producers and
exporters of circular welded carbon-quality steel pipe (``circular
welded pipe'') from the Socialist Republic of Vietnam (``Vietnam'').
DATES: Effective Date: October 22, 2012.
FOR FURTHER INFORMATION CONTACT: Christopher Siepmann or Austin
Redington, AD/CVD Operations, Office 1, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-7958 or (202) 482-1664, respectively.
Petitioners
The petitioners in this investigation are Allied Tube and Conduit,
JMC Steel Group, United States Steel Corporation, and Wheatland Tube.
Period of Investigation
The period for which we are measuring subsidies, or period of
investigation, is January 1, 2010, through December 31, 2010.
Case History
The following events have occurred since the Preliminary
Determination.\1\
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon-Quality Steel Pipe from the
Socialist Republic of Vietnam: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Countervailing Duty Determination With Final Antidumping Duty
Determination, 77 FR 19211 (March 30, 2012) (``Preliminary
Determination'').
---------------------------------------------------------------------------
On April 13, 2012, the Department issued supplemental
questionnaires to the Government of Vietnam (``GOV''), SeAH Steel VINA
Corp. (``SeAH VINA''), and Vietnam Haiphong Hongyuan Machinery
Manufactory Co., Ltd. (``Hongyuan''). Timely responses were received on
April 20 (Hongyuan), April 27 (Hongyuan), and April 27, and May 7, 2012
(GOV). On May 4, 2012, the Department issued an additional supplemental
questionnaire to the GOV, and it received the GOV's response on May 7,
2012.
We received factual information submissions from the GOV and
Wheatland Tube, respectively, on May 9 and May 14, 2012. On May 10,
2012, Hongyuan filed corrections to its previously reported data and
also submitted additional factual information. On May 14, 2012, SeAH
VINA submitted corrections to its previously reported data.
The Department conducted verification of SeAH VINA's, Hongyuan's,
and the GOV's questionnaire responses from May 21, to June 1, 2012, and
issued verification reports for SeAH VINA and Hongyuan on July 6, 2012,
and for the GOV on July 12, 2012.
The GOV, SeAH VINA, Hongyuan, and Wheatland Tube submitted case
briefs on August 3, and rebuttal briefs on August 8, 2012. A public
hearing was held on September 7, 2012.
Scope Comments
We set aside a period of time in our Initiation Notice for parties
to raise issues regarding product coverage, and encouraged all parties
to submit comments within 20 calendar days of publication of that
notice.\2\ As described in the Preliminary Determination, SeAH VINA
filed comments on December 5, 2011, urging the Department to modify the
scope description. No further comments on this issue were received.
---------------------------------------------------------------------------
\2\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997), and Circular Welded Carbon-Quality Steel Pipe
From India, the Sultanate of Oman, the United Arab Emirates, and the
Socialist Republic of Vietnam: Initiation of Countervailing Duty
Investigations, 76 FR 72173 (November 22, 2011).
---------------------------------------------------------------------------
For the reasons explained in the Preliminary Determination, the
Department is not adopting SeAH VINA's proposed modification of the
scope.
Scope of the Investigation
This investigation covers welded carbon-quality steel pipes and
tube, of circular cross-section, with an outside diameter (``O.D.'')
not more than 16 inches (406.4 mm), regardless of wall thickness,
surface finish (e.g., black, galvanized, or painted), end finish (plain
end, beveled end, grooved, threaded, or threaded and coupled), or
industry specification (e.g., American Society for Testing and
Materials International (``ASTM''), proprietary, or other) generally
known as standard pipe, fence pipe and tube, sprinkler pipe, and
structural pipe (although subject product may also be referred to as
mechanical tubing). Specifically, the term ``carbon quality'' includes
products in which: (a) Iron predominates, by weight, over each of the
other contained elements; (b) the carbon content is 2 percent or less,
by weight; and (c) none of the elements listed below exceeds the
quantity, by weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium;
(xiv) 0.15 percent of zirconium.
Subject pipe is ordinarily made to ASTM specifications A53, A135,
and A795, but can also be made to other specifications. Structural pipe
is made primarily to ASTM specifications A252 and A500. Standard and
structural pipe may also be produced to proprietary specifications
rather than to industry specifications. Fence tubing is included in the
scope regardless of certification to a specification listed in the
exclusions below, and can also be made to the ASTM A513 specification.
Sprinkler pipe is designed for sprinkler fire suppression systems and
may be made to industry specifications such as ASTM A53 or to
proprietary specifications. These products are generally made to
standard O.D. and wall thickness combinations. Pipe multi-stenciled to
a standard and/or structural specification and to other specifications,
such as American Petroleum Institute (``API'') API-5L specification, is
also covered by the scope of this investigation when it meets the
physical description set forth above, and also has one or more of the
following characteristics: is 32 feet in length or less; is less than
2.0 inches (50mm) in outside diameter; has a galvanized and/or painted
(e.g., polyester coated) surface finish; or has a threaded and/or
coupled end finish.
[[Page 64472]]
The scope of this investigation does not include: (a) Pipe suitable
for use in boilers, superheaters, heat exchangers, refining furnaces
and feedwater heaters, whether or not cold drawn; (b) finished
electrical conduit; (c) finished scaffolding \3\; (d) tube and pipe
hollows for redrawing; (e) oil country tubular goods produced to API
specifications; (f) line pipe produced to only API specifications; and
(g) mechanical tubing, whether or not cold-drawn. However, products
certified to ASTM mechanical tubing specifications are not excluded as
mechanical tubing if they otherwise meet the standard sizes (e.g.,
outside diameter and wall thickness) of standard, structural, fence and
sprinkler pipe. Also, products made to the following outside diameter
and wall thickness combinations, which are recognized by the industry
as typical for fence tubing, would not be excluded from the scope based
solely on their being certified to ASTM mechanical tubing
specifications:
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\3\ Finished scaffolding is defined as component parts of a
final, finished scaffolding that enters the United States
unassembled as a ``kit.'' A ``kit'' is understood to mean a packaged
combination of component parts that contain, at the time of
importation, all the necessary component parts to fully assemble a
final, finished scaffolding.
1.315 inch O.D. and 0.035 inch wall thickness (gage 20)
1.315 inch O.D. and 0.047 inch wall thickness (gage 18)
1.315 inch O.D. and 0.055 inch wall thickness (gage 17)
1.315 inch O.D. and 0.065 inch wall thickness (gage 16)
1.315 inch O.D. and 0.072 inch wall thickness (gage 15)
1.315 inch O.D. and 0.083 inch wall thickness (gage 14)
1.315 inch O.D. and 0.095 inch wall thickness (gage 13)
1.660 inch O.D. and 0.047 inch wall thickness (gage 18)
1.660 inch O.D. and 0.055 inch wall thickness (gage 17)
1.660 inch O.D. and 0.065 inch wall thickness (gage 16)
1.660 inch O.D. and 0.072 inch wall thickness (gage 15)
1.660 inch O.D. and 0.083 inch wall thickness (gage 14)
1.660 inch O.D. and 0.095 inch wall thickness (gage 13)
1.660 inch O.D. and 0.109 inch wall thickness (gage 12)
1.900 inch O.D. and 0.047 inch wall thickness (gage 18)
1.900 inch O.D. and 0.055 inch wall thickness (gage 17)
1.900 inch O.D. and 0.065 inch wall thickness (gage 16)
1.900 inch O.D. and 0.072 inch wall thickness (gage 15)
1.900 inch O.D. and 0.095 inch wall thickness (gage 13)
1.900 inch O.D. and 0.109 inch wall thickness (gage 12)
2.375 inch O.D. and 0.047 inch wall thickness (gage 18)
2.375 inch O.D. and 0.055 inch wall thickness (gage 17)
2.375 inch O.D. and 0.065 inch wall thickness (gage 16)
2.375 inch O.D. and 0.072 inch wall thickness (gage 15)
2.375 inch O.D. and 0.095 inch wall thickness (gage 13)
2.375 inch O.D. and 0.109 inch wall thickness (gage 12)
2.375 inch O.D. and 0.120 inch wall thickness (gage 11)
2.875 inch O.D. and 0.109 inch wall thickness (gage 12)
2.875 inch O.D. and 0.134 inch wall thickness (gage 10)
2.875 inch O.D. and 0.165 inch wall thickness (gage 8)
3.500 inch O.D. and 0.109 inch wall thickness (gage 12)
3.500 inch O.D. and 0.148 inch wall thickness (gage 9)
3.500 inch O.D. and 0.165 inch wall thickness (gage 8)
4.000 inch O.D. and 0.148 inch wall thickness (gage 9)
4.000 inch O.D. and 0.165 inch wall thickness (gage 8)
4.500 inch O.D. and 0.203 inch wall thickness (gage 7)
The pipe subject to this investigation is currently classifiable in
Harmonized Tariff Schedule of the United States (``HTSUS'') statistical
reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110,
7306.19.5150, 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000, 7306.50.5050,
and 7306.50.5070. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise under the investigation is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the Memorandum from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Paul Piquado, Assistant Secretary for Import
Administration, entitled ``Issues and Decision Memorandum for the Final
Determination in the Countervailing Duty Investigation of Circular
Welded Carbon-Quality Steel Pipe from the Socialist Republic of
Vietnam'' (October 15, 2012) (hereafter, ``Decision Memorandum''),
which is hereby adopted by this notice. Attached to this notice as an
Appendix is a list of the issues that parties have raised and to which
we have responded in the Decision Memorandum. The Decision Memorandum
is a public document and is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available to
registered users at https://iaaccess.trade.gov and 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
directly 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.
Suspension of Liquidation
For this final determination, we have determined that neither of
the producers/exporters of the subject merchandise individually
investigated received countervailable subsidies. Therefore, we
determine that countervailable subsidies are not being provided to
producers or exporters in Vietnam of circular welded pipe.
Because we have reached a final negative determination we are
terminating this investigation. Moreover, in accordance with section
705(c)(2) of the Tariff Act of 1930, as amended (``Act''), we will
instruct U.S. Customs and Border Protection (``CBP'') to release any
bond or other security and refund any cash deposits that were collected
for shipments of subject merchandise entered, or withdrawn from
warehouse on or after March 30, 2012, the date that we instructed CBP
to suspend liquidation following the Preliminary Determination. The
interest provisions of section 778 of the Act do not apply.
International Trade Commission (``ITC'') Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination.
Return or Destruction of Proprietary Information
This notice 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(a)(3). Failure to
comply is a violation of the APO.
[[Page 64473]]
This determination is published pursuant to sections 705(d) and
777(i) of the Act.
Dated: October 15, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Decision Memorandum
General Issues
Comment 1 Applicability of the CVD Law to the Socialist Republic of
Vietnam
Comment 2 The Appropriate De Minimis Standard
Import Duty Exemptions on Imported Raw Materials for Export
Processing Enterprises and Export Processing Zones
Comment 3 Countervailability of Import Duty Exemptions for Export
Processing Enterprises and Companies in Export Processing Zones
Comment 4 The GOV's System for Monitoring the Inputs Used To Produce
Exported Goods
Import Duty Exemptions for Imported Fixed Assets, Spare Parts and
Accessories for Export Processing Enterprises and Export Processing
Zones
Comment 5 Whether Hongyuan's Failure to Report Imports of Spare
Parts and Accessories Warrants Use of AFA
Import Duty Exemptions for Imported Fixed Assets, Spare Parts and
Accessories for Encouraged Projects
Comment 6 SeAH VINA's Failure to Report Some Imports
Comment 7 Whether SeAH VINA Received Countervailable Duty Exemptions
on its Purchases of Fixed Assets, Spare Parts and Accessories
Policy Loans
Comment 8 Preferential Financing to the Steel Industry
Comment 9 Preferential Lending for Exporters
Comment 10 Whether the Banks That Provided Loans to Hongyuan and
SeAH VINA Are Public Entities
Comment 11 The Appropriate Benchmark for Policy Loans
Provision of Land for Less Than Adequate Remuneration (``LTAR'') in
Encouraged Industries or Industrial Zones
Comment 12 SeAH VINA's Land
[FR Doc. 2012-25956 Filed 10-19-12; 8:45 am]
BILLING CODE 3510-DS-P