Certain Oil Country Tubular Goods From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2011, 49475-49476 [2013-19733]

Download as PDF Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices Respondent Selection Following standard practice in AD investigations involving ME countries, the Department intends to select respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data for U.S. imports under the HTSUS numbers listed in the ‘‘Scope of Investigations’’ section above. We intend to release the CBP data under Administrative Protective Order (‘‘APO’’) to all parties with access to information protected by APO within five days of publication of this Federal Register notice and make our decision regarding respondent selection within 20 days of publication of this notice. The Department invites comments regarding the CBP data and respondent selection within seven days of publication of this Federal Register notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Instructions for filing such applications may be found on the Department’s Web site at http://ia.ita.doc.gov/apo. Distribution of Copies of the Petitions In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been made available to the Governments of Russia and Venezuela via IA ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification We have notified the ITC of our initiations, as required by section 732(d) of the Act. tkelley on DSK3SPTVN1PROD with NOTICES Preliminary Determinations by the ITC The ITC will preliminarily determine, no later than September 3, 2013, whether there is a reasonable indication that imports of ferrosilicon from Russia and Venezuela are materially injuring, or threatening material injury to a U.S. industry. A negative ITC determination with respect to any country will result in the investigation being terminated for that country; otherwise, these investigations will proceed according to statutory and regulatory time limits.39 Submission of Factual Information On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013) (‘‘Final Rule’’), which modified two regulations related to AD and 39 See section 733(a)(1) of the Act. VerDate Mar<15>2010 16:16 Aug 13, 2013 countervailing duty (‘‘CVD’’) proceedings: the definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). As amended, 19 CFR 351.102(b)(21) identifies five categories of factual information, which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). Any party, when submitting factual information, is now required to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. As amended, 19 CFR 351.301 now provides specific time limits based on the type of factual information being submitted. These modifications are effective for all proceeding segments initiated on or after May 10, 2013, and thus are applicable to these investigations. Please review the Final Rule, available at http://ia.ita.doc.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in these investigations. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information.40 Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in all segments of any AD/CVD proceeding 40 See Jkt 229001 PO 00000 section 782(b) of the Act. Frm 00032 Fmt 4703 Sfmt 4703 49475 initiated on or after March 14, 2011.41 The formats for the revised certifications are provided at the end of the Interim Final Rule and the Supplemental Interim Final Rule. The Department intends to reject factual submissions in any proceeding segments initiated on or after March 14, 2011, if the submitting party does not comply with the revised certification requirements. This notice is issued and published pursuant to section 777(i) of the Act. Dated: August 8, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–19736 Filed 8–13–13; 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: Final Results of Countervailing Duty Administrative Review; 2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) has conducted 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 is January 1, 2011, through December 31, 2011. We find that Wuxi Seamless Oil Pipe Co., Ltd. (‘‘Wuxi’’) and Jiangsu Chengde Steel Tube Share Co., Ltd. (‘‘Jiangsu Chengde’’) received countervailable subsidies during the POR. AGENCY: DATES: Effective Date: August 14, 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. 41 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) (‘‘Interim Final Rule’’) (amending 19 CFR 351.303(g)(1) & (2)), as supplemented by Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 2, 2011) (‘‘Supplemental Interim Final Rule’’). E:\FR\FM\14AUN1.SGM 14AUN1 tkelley on DSK3SPTVN1PROD with NOTICES 49476 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices 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, 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) (‘‘OCTG Order’’), remains dispositive. A full description of the scope of the OCTG 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 Final Results of Countervailing Duty VerDate Mar<15>2010 16:16 Aug 13, 2013 Jkt 229001 Administrative Review: Certain Oil Country Tubular Goods from the People’s Republic of China,’’ dated concurrently with this notice (‘‘Decision Memorandum’’), which is hereby adopted by this notice. 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 http:// 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 http:// www.trade.gov/ia/. The signed Decision Memorandum and the electronic versions of the 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 determine that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that confers a benefit to the recipient, and that the subsidy is specific.1 For a full description of the methodology underlying our conclusions, see Decision Memorandum. 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.2 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Decision Memorandum. Final Results of the Review As a result of this review, we determine a net subsidy rate of 13.54 percent for Wuxi and a net subsidy rate of 1.95 percent for Jiangsu Chengde for the period January 1, 2011, through December 31, 2011. Assessment Rates Upon issuance of these final results, the United States Customs and Border Protection (‘‘CBP’’) shall assess 1 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. 2 See sections 776(a) and (b) of the Act. PO 00000 Frm 00033 Fmt 4703 Sfmt 9990 countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of these final results. Cash Deposit Requirements The Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount listed above on shipments of subject merchandise by Wuxi or Jiangsu Chengde entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all nonreviewed companies, we will instruct CBP to continue to collect cash deposits at the most recent company-specific or country-wide rate applicable to the company. Accordingly, the cash deposit rates that will be applied to companies covered by the order, but not examined in this review, are those established in the most recently completed segment of the proceeding for each company.3 These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Order This notice serves as a 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 return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. 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: August 7, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix List of Topics Discussed in the Decision Memorandum 1. Scope of the Order 2. Use of Facts Otherwise Available and Adverse Inferences 3. Subsidies Valuation Information 4. Analysis of Programs 5. Analysis of Comments [FR Doc. 2013–19733 Filed 8–13–13; 8:45 am] BILLING CODE 3510–DS–P 3 See E:\FR\FM\14AUN1.SGM OCTG Order. 14AUN1

Agencies

[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49475-49476]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19733]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-944]


Certain Oil Country Tubular Goods From the People's Republic of 
China: Final Results of Countervailing Duty Administrative Review; 2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has conducted 
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 is January 1, 2011, through 
December 31, 2011. We find 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: August 14, 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.

[[Page 49476]]

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, 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) (``OCTG Order''), remains dispositive.
    A full description of the scope of the OCTG 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 Final Results of Countervailing Duty Administrative Review: Certain 
Oil Country Tubular Goods from the People's Republic of China,'' dated 
concurrently with this notice (``Decision Memorandum''), which is 
hereby adopted by this notice.
    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 http://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 
http://www.trade.gov/ia/. The signed Decision Memorandum and the 
electronic versions of the 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 determine that 
there is a subsidy, i.e., a financial contribution by an ``authority'' 
that confers a benefit to the recipient, and that the subsidy is 
specific.\1\ For a full description of the methodology underlying our 
conclusions, see Decision Memorandum.
---------------------------------------------------------------------------

    \1\ 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.
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    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.\2\ For further information, see ``Use of 
Facts Otherwise Available and Adverse Inferences'' in the Decision 
Memorandum.
---------------------------------------------------------------------------

    \2\ See sections 776(a) and (b) of the Act.
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Final Results of the Review

    As a result of this review, we determine a net subsidy rate of 
13.54 percent for Wuxi and a net subsidy rate of 1.95 percent for 
Jiangsu Chengde for the period January 1, 2011, through December 31, 
2011.

Assessment Rates

    Upon issuance of these final results, the United States 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 these final results.

Cash Deposit Requirements

    The Department also intends to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amount listed above 
on shipments of subject merchandise by Wuxi or Jiangsu Chengde entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this review. For all non-reviewed 
companies, we will instruct CBP to continue to collect cash deposits at 
the most recent company-specific or country-wide rate applicable to the 
company. Accordingly, the cash deposit rates that will be applied to 
companies covered by the order, but not examined in this review, are 
those established in the most recently completed segment of the 
proceeding for each company.\3\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \3\ See OCTG Order.
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Administrative Protective Order

    This notice serves as a 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 return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    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: August 7, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Decision Memorandum

1. Scope of the Order
2. Use of Facts Otherwise Available and Adverse Inferences
3. Subsidies Valuation Information
4. Analysis of Programs
5. Analysis of Comments

[FR Doc. 2013-19733 Filed 8-13-13; 8:45 am]
BILLING CODE 3510-DS-P