Certain Oil Country Tubular Goods From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2011, 9368-9370 [2013-02903]
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9368
Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Notices
accordance with section 734(i)(1)(B) of
the Tariff Act of 1930, as amended (the
Act). Pursuant to section 734(i)(1)(B) of
the Act, the Department would resume
the investigation as if it had published
the affirmative preliminary
determination under section 733(b) of
the Act on the effective date of the
termination. As explained in the
Preliminary Determination (61 FR at
56609), the Department postponed the
final determination until the 135th day
after the date of the preliminary
determination. The Department
therefore would make its final
determination in a resumed
investigation within 135 days of
termination of the 2008 Suspension
Agreement, unless a new suspension
agreement becomes effective. However,
if the Department and substantially all
of the growers/exporters of fresh
tomatoes from Mexico sign a new
suspension agreement, following the
notice and comment period provided in
accordance with section 734(c) of the
Act, the resumed investigation would be
suspended.
sroberts on DSK5SPTVN1PROD with NOTICES
Intent To Terminate the Five-Year
Sunset Review
On December 3, 2012, the Department
initiated a five-year sunset review of the
suspended antidumping investigation
on fresh tomatoes from Mexico pursuant
to section 751(c) of the Act. See
Initiation of Five-Year (‘‘Sunset’’)
Review, 77 FR 71684 (December 3,
2012).
If the Department terminates the 2008
Suspension Agreement, there will no
longer be a suspended investigation of
which to conduct a sunset review.
Therefore, the Department would
terminate the sunset review of the
suspended antidumping investigation
on fresh tomatoes from Mexico, effective
on the date of termination of the 2008
Suspension Agreement.
International Trade Commission
The Department has notified the
International Trade Commission (ITC) of
its intent to terminate the 2008
Suspension Agreement and resume the
antidumping investigation. If the
Department resumes the antidumping
investigation, and if the Department
makes a final affirmative determination
in the investigation, the ITC is
scheduled to make its final
determination concerning injury within
45 days of publication of the
Department’s final determination. If
both the Department’s and the ITC’s
final determinations are affirmative, the
Department will issue an antidumping
duty order. However, as indicated
above, if the Department and
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17:23 Feb 07, 2013
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substantially all of the growers/
exporters of fresh tomatoes from Mexico
sign a new suspension agreement,
following the notice and comment
period provided in accordance with
section 734(c) of the Act, the resumed
investigation would be suspended.
Suspension of Liquidation
If the Department terminates the 2008
Suspension Agreement and resumes the
antidumping investigation as described
above, the Department will instruct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of fresh
tomatoes from Mexico that are entered,
or withdrawn from warehouse, for
consumption on or after the effective
date of the termination of the 2008
Suspension Agreement. CBP shall
require antidumping duty cash deposits
or bonds for entries of the subject
merchandise based on the preliminary
dumping margins, which range from
4.16 to 188.45 percent. See Preliminary
Determination, 61 FR at 56615.
Administrative Protective Order Access
and Applicable Regulations
The following requirements will
apply if and during such time as the
investigation is resumed. Because of the
significant changes made to the
administrative protective order (APO)
process since the investigation, the
Department will issue a new APO for
any resumed investigation that will
supersede the previously issued firmspecific APOs. Those authorized
applicants that were granted APOs
during the original investigation, as
indicated in the most recent APO
service list on the Department’s Web
site, will continue to have access to
business proprietary information under
APO. Any new APO applications or
necessary amendments for changes in
staff under the pre-existing APOs
should be submitted promptly, and in
accordance with the Department’s
regulations currently in effect. See
section 777(c)(1) of the Act; 19 CFR
351.103, 351.304, 351.305 and 351.306.
In addition, because of the significant
changes made to the Department’s filing
and certification requirements since the
investigation, including electronic
filing, the Department intends to apply
its current regulations and practices
with regard to filing and certification,
should the antidumping investigation be
resumed. See 19 CFR 351.303(b) and (g).
However, with respect to the procedures
for the conduct of any resumed
investigation generally, including any
possible suspension thereof, the
Department’s regulations in effect in
1996 shall govern. See 19 CFR 351.701;
San Vicente Camalu SPR de Ri v.
PO 00000
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Fmt 4703
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United States, 491 F.Supp.2d 1186 (CIT
2007).
This determination is issued and
published in accordance with section
733(f) and 734(i) of the Act.
Dated: February 4, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–02914 Filed 2–7–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–944]
Certain Oil Country Tubular Goods
From the People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review; 2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
countervailing duty order on certain oil
country tubular goods (‘‘OCTG’’) from
the People’s Republic of China (‘‘PRC’’).
The period of review (‘‘POR’’) is January
1, 2011, through December 31, 2011. We
preliminarily determine that Wuxi
Seamless Oil Pipe Co., Ltd. (‘‘Wuxi’’)
and Jiangsu Chengde Steel Tube Share
Co., Ltd. (‘‘Jiangsu Chengde’’) received
countervailable subsidies during the
POR.
DATES: Effective Date: February 8, 2013.
FOR FURTHER INFORMATION CONTACT:
Joshua Morris or Christopher Siepmann,
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) 482–1779 or (202) 482–
7958, respectively.
AGENCY:
Scope of the Order
The scope of the order consists of
OCTG. The merchandise subject to the
order is currently classified in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under item
numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10,
E:\FR\FM\08FEN1.SGM
08FEN1
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Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Notices
7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The OCTG coupling stock covered by
the order may also enter under the
following HTSUS item numbers:
7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36,
7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52,
7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72,
7304.39.00.76, 7304.39.00.80,
7304.59.60.00,, 7304.59.80.15,
7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35,
7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55,
7304.59.80.60, 7304.59.80.65,
7304.59.80.70, and 7304.59.80.80.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description,
available in Certain Oil Country Tubular
Goods From the People’s Republic of
China: Amended Final Affirmative
Countervailing Duty Determination and
Countervailing Duty Order, 75 FR 3203
(January 20, 2010), remains dispositive.
A full description of the scope of the
order is contained in the memorandum
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Import
Administration, ‘‘Decision
Memorandum for Preliminary Results of
Countervailing Duty Administrative
Review: Certain Oil Country Tubular
Goods from the People’s Republic of
China,’’ dated concurrently with this
notice (‘‘Preliminary Decision
Memorandum’’), which is hereby
adopted by this notice.
The Preliminary 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
Preliminary Decision Memorandum can
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17:23 Feb 07, 2013
Jkt 229001
be accessed directly on the Internet at
https://www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). For each of the
subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific. See sections 771(5)(B)and (D)
of the Act regarding financial
contribution; section 771(5)(E) of the
Act regarding benefit; and, section
771(5A) of the Act regarding specificity.
See sections 776(a) and (b) of the Act.
In making these findings, we have
relied, in part, on facts available and,
because one or more respondents did
not act to the best of their ability to
respond to the Department’s requests for
information, we have drawn an adverse
inference in selecting from among the
facts otherwise available. See sections
776(a) and (b) of the Act. For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Finally, the Department was not able
to make a preliminary determination of
countervailability for certain programs
because it requires additional
information. See Preliminary Decision
Memorandum at ‘‘Analysis of
Programs—II. Programs For Which More
Information is Required.’’ We intend to
seek that information prior to our final
results.
For a full description of the
methodology underlying our
conclusions, see Preliminary Decision
Memorandum.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine a net subsidy
rate of 7.33 percent for Wuxi and a net
subsidy rate of 1.84 percent for Jiangsu
Chengde for the period January 1, 2011,
through December 31, 2011.
Disclosure and Public Comment
The Department will disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within five days of
the date of publication of these
preliminary results.1 Due to the
anticipated timing of the release of postpreliminary analysis memoranda,
interested parties may submit written
comments (case briefs) for this
administrative review no later than one
week after the issuance of the last postpreliminary analysis memorandum, and
rebuttal comments (rebuttal briefs)
within five days after the time limit for
filing case briefs.2 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce within 30 days after the
date of publication of this notice.3
Requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues to be discussed. If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined.4 Parties
should confirm by telephone the date,
time, and location of the hearing.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using IA ACCESS and
that electronically filed documents must
be received successfully in their entirety
by 5 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, the Department will issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
issuance of these preliminary results.
Assessment Rates
Upon issuance of the final results, the
Department shall determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue instructions
to CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
2 See
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
19 CFR 351.310(c).
4 See 19 CFR 351.310.
3 See
1 See
PO 00000
19 CFR 351.224(b).
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9369
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9370
Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Notices
notice of final results of administrative
review for all shipments of OCTG from
the PRC entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for Wuxi and Jiangsu
Chengde will be the rate established in
the final results of this administrative
review; (2) for merchandise exported by
manufacturers or exporters not covered
in this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original investigation but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent period for the manufacturer
of the merchandise; (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 13.20
percent, the all-others rate established
in Certain Oil Country Tubular Goods
from the People’s Republic of China:
Final Affirmative Countervailing Duty
Determination, Final Negative Critical
Circumstances Determination, 74 FR
64045 (December 7, 2009). These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Dated: February 1, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Scope of the Order
2. Use of Facts Otherwise Available and
Adverse Inferences
3. Subsidies Valuation Information
4. Analysis of Programs
[FR Doc. 2013–02903 Filed 2–7–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
sroberts on DSK5SPTVN1PROD with NOTICES
Notice of Scope Rulings
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 8, 2013.
SUMMARY: The Department of Commerce
(‘‘Department’’) hereby publishes a list
of scope rulings and anticircumvention
determinations made between July 1,
AGENCY:
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17:23 Feb 07, 2013
Jkt 229001
2012, and September 30, 2012. We
intend to publish future lists after the
close of the next calendar quarter.
FOR FURTHER INFORMATION CONTACT:
Jamie Blair-Walker, AD/CVD
Operations, China/NME Group, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: 202–482–2615.
SUPPLEMENTARY INFORMATION:
of the antidumping duty order; July 6,
2012.
Background
The Department’s regulations provide
that the Secretary will publish in the
Federal Register a list of scope rulings
on a quarterly basis.1 Our most recent
notification of scope rulings was
published on August 29, 2012.2 This
current notice covers all scope rulings
and anticircumvention determinations
made by Import Administration
between July 1, 2012, and September 30,
2012, inclusive. As described below,
subsequent lists will follow after the
close of each calendar quarter.
A–570–910/C–570–911: Circular
Welded Carbon Quality Steel Pipe From
the People’s Republic of China
Scope Rulings Made Between July 1,
2012, and September 30, 2012
People’s Republic of China
A–570–504: Petroleum Wax Candles
From the People’s Republic of China
Requestor: FashionCraft-Excello, Inc.;
six animal figurine candles are not
within the scope of the antidumping
duty order; August 14, 2012.
A–570–836: Glycine From the People’s
Republic of China
Requestor: GEO Specialty Chemicals,
Inc. and Chattem Chemicals, Inc.;
People’s Republic of China-origin
technical or crude glycine further
processed in India is within the scope
of the antidumping duty order;
preliminary ruling September 13, 2012.
A–570–868: Folding Metal Tables and
Chairs From the People’s Republic of
China
Requestor: Lifetime Products, Inc.; its
34-inch square fold-in-half tables with
model number 80243 and 37-inch
square fold-in-half tables with model
numbers 80100 and 280011 are not
within the scope of the antidumping
duty order; July 3, 2012.
A–570–886 Polyethylene Retail Carrier
Bags From the People’s Republic of
China
Requestor: Bunzl Distribution USA,
Inc.; its ice bag is not within the scope
1 See
19 CFR 351.225(o).
Notice of Scope Rulings, 77 FR 52313
(August 29, 2012).
2 See
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A–570–899: Certain Artist Canvas From
the People’s Republic of China
Requestor: Ningbo Conda Imp & Exp
Company Ltd.; artist canvases woven
and primed in India, which are
subsequently cut, stretched, framed, and
packaged in the PRC before exportation
to the United States are not within the
antidumping duty order; July 6, 2012.
Requestor: LDA Incopordo; electrical
rigid metal steel conduits are not within
the scope of the antidumping and
countervailing duty orders; July 2, 2012.
A–570–912/C–50–913: Certain New
Pneumatic Off-the-Road Tires From the
People’s Republic of China
Requestor: Igloo Products Corp.
(‘‘Igloo’’); Igloo’s new pneumatic tires
with an overall 5-inch rim diameter are
not within the scope of the antidumping
and countervailing duty orders;
September 24, 2012.
A–570–918: Steel Wire Garment
Hangers From The People’s Republic of
China
Requestor: PetEdge Inc.; steel wire
Canine Pet Fashion Hangers, with dogshaped, rubber tipped hooks, are not
within the scope of the antidumping
duty order; August 2, 2012.
A–570–967/C–570–968: Aluminum
Extrusions From the People’s Republic
of China
Requestor: A.O. Smith Corporation;
water heater anodes are not within the
scope of the antidumping and
countervailing duty orders; preliminary
ruling July 2, 2012.
A–570–967/C–570–968: Aluminum
Extrusions From the People’s Republic
of China
Requestor: UQM Technologies Inc.;
inner and outer motor cases are within
the scope of the antidumping and
countervailing duty orders; July 6, 2012.
A–570–967/C–570–968: Aluminum
Extrusions From the People’s Republic
of China
Requestor: Electrolux North America,
Inc., Electrolux Home Products, Inc. and
Electrolux Major Appliances; certain fin
evaporator systems (‘‘FESs’’) are within
the scope of the antidumping and
countervailing duty orders; July 13,
2012.
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Agencies
[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Notices]
[Pages 9368-9370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02903]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-944]
Certain Oil Country Tubular Goods From the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative
Review; 2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the countervailing duty order on certain
oil country tubular goods (``OCTG'') from the People's Republic of
China (``PRC''). The period of review (``POR'') is January 1, 2011,
through December 31, 2011. We preliminarily determine that Wuxi
Seamless Oil Pipe Co., Ltd. (``Wuxi'') and Jiangsu Chengde Steel Tube
Share Co., Ltd. (``Jiangsu Chengde'') received countervailable
subsidies during the POR.
DATES: Effective Date: February 8, 2013.
FOR FURTHER INFORMATION CONTACT: Joshua Morris or Christopher Siepmann,
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-
1779 or (202) 482-7958, respectively.
Scope of the Order
The scope of the order consists of OCTG. The merchandise subject to
the order is currently classified in the Harmonized Tariff Schedule of
the United States (``HTSUS'') under item numbers: 7304.29.10.10,
7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 7304.29.10.50,
7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 7304.29.20.20,
7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60,
7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 7304.29.31.30,
7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 7304.29.31.80,
7304.29.41.10,
[[Page 9369]]
7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The OCTG coupling stock covered by the order may also enter under
the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00,, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, and 7304.59.80.80. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description,
available in Certain Oil Country Tubular Goods From the People's
Republic of China: Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 75 FR 3203 (January 20,
2010), remains dispositive.
A full description of the scope of the order is contained in the
memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration, ``Decision Memorandum
for Preliminary Results of Countervailing Duty Administrative Review:
Certain Oil Country Tubular Goods from the People's Republic of
China,'' dated concurrently with this notice (``Preliminary Decision
Memorandum''), which is hereby adopted by this notice.
The Preliminary 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 Preliminary Decision Memorandum can be accessed directly on the
Internet at https://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). For
each of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific. See sections 771(5)(B)and (D) of the
Act regarding financial contribution; section 771(5)(E) of the Act
regarding benefit; and, section 771(5A) of the Act regarding
specificity. See sections 776(a) and (b) of the Act.
In making these findings, we have relied, in part, on facts
available and, because one or more respondents did not act to the best
of their ability to respond to the Department's requests for
information, we have drawn an adverse inference in selecting from among
the facts otherwise available. See sections 776(a) and (b) of the Act.
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
Finally, the Department was not able to make a preliminary
determination of countervailability for certain programs because it
requires additional information. See Preliminary Decision Memorandum at
``Analysis of Programs--II. Programs For Which More Information is
Required.'' We intend to seek that information prior to our final
results.
For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine a net
subsidy rate of 7.33 percent for Wuxi and a net subsidy rate of 1.84
percent for Jiangsu Chengde for the period January 1, 2011, through
December 31, 2011.
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\1\ Due to
the anticipated timing of the release of post-preliminary analysis
memoranda, interested parties may submit written comments (case briefs)
for this administrative review no later than one week after the
issuance of the last post-preliminary analysis memorandum, and rebuttal
comments (rebuttal briefs) within five days after the time limit for
filing case briefs.\2\ Pursuant to 19 CFR 351.309(d)(2), rebuttal
briefs must be limited to issues raised in the case briefs. Parties who
submit arguments are requested to submit with the argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\1\ See 19 CFR 351.224(b).
\2\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce within
30 days after the date of publication of this notice.\3\ Requests
should contain the party's name, address, and telephone number, the
number of participants, and a list of the issues to be discussed. If a
request for a hearing is made, we will inform parties of the scheduled
date for the hearing which will be held at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and location to be determined.\4\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\3\ See 19 CFR 351.310(c).
\4\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using IA ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
issuance of these preliminary results.
Assessment Rates
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the
[[Page 9370]]
notice of final results of administrative review for all shipments of
OCTG from the PRC entered, or withdrawn from warehouse, for consumption
on or after the date of publication as provided by section 751(a)(2) of
the Act: (1) The cash deposit rate for Wuxi and Jiangsu Chengde will be
the rate established in the final results of this administrative
review; (2) for merchandise exported by manufacturers or exporters not
covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 13.20 percent, the all-others rate
established in Certain Oil Country Tubular Goods from the People's
Republic of China: Final Affirmative Countervailing Duty Determination,
Final Negative Critical Circumstances Determination, 74 FR 64045
(December 7, 2009). These cash deposit requirements, when imposed,
shall remain in effect until further notice.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: February 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope of the Order
2. Use of Facts Otherwise Available and Adverse Inferences
3. Subsidies Valuation Information
4. Analysis of Programs
[FR Doc. 2013-02903 Filed 2-7-13; 8:45 am]
BILLING CODE 3510-DS-P