[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Notices]
[Pages 29972-29974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12960]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-956]
Certain Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the People's Republic of China: Amended Preliminary
Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 28, 2010.
SUMMARY: The Department of Commerce (``Department'') has determined
that it made certain significant ministerial errors in the preliminary
determination of sales at less than fair value in the antidumping duty
investigation of certain seamless carbon and alloy steel standard,
line, and pressure pipe (``seamless pipe'') from the People's Republic
of China (``PRC''). As a result, we are amending our preliminary
determination to correct certain significant ministerial errors with
respect to the antidumping duty margins for a mandatory respondent and
for exporters eligible for a separate rate.
FOR FURTHER INFORMATION CONTACT: Magd Zalok, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-4162.
SUPPLEMENTARY INFORMATION: On April 28, 2010, the Department published
its affirmative preliminary determination in this proceeding. See
Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure
Pipe From the People's Republic of China: Preliminary Determination of
Sales at Less Than Fair Value, Affirmative Preliminary Determination of
Critical Circumstances, in Part, and Postponement of Final
Determination, 75 FR 22372 (April 28, 2010) (``Preliminary
Determination''). On May 3, 2010, Tianjin Pipe (Group) Corporation and
Tianjin Pipe International Economic and Trading Corporation
(collectively ``TPCO'') submitted ministerial error allegations with
respect to the margin calculations for TPCO in the Preliminary
Determination, alleging certain errors in conversion, arithmetic, and
surrogate value calculations. No other interested party submitted
ministerial error allegations. After reviewing TPCO's allegations, we
have determined that the Preliminary Determination contains ministerial
errors. We agree that the ministerial errors are ``significant'' as
that term is defined in 19 CFR 351.224(g). Therefore, pursuant to 19
CFR 351.224(e), we have made changes to the Preliminary Determination.
Scope of Investigation
The merchandise covered by this investigation is certain seamless
carbon and alloy steel (other than stainless steel) pipes and redraw
hollows, less than or equal to 16 inches (406.4 mm) in outside
diameter, regardless of wall-thickness, manufacturing process (e.g.,
hot-finished or cold-drawn), end finish (e.g., plain end, beveled end,
upset end, threaded, or threaded and coupled), or surface finish (e.g.,
bare, lacquered or coated). Redraw hollows are any unfinished carbon or
alloy steel (other
[[Page 29973]]
than stainless steel) pipe or ``hollow profiles'' suitable for cold
finishing operations, such as cold drawing, to meet the American
Society for Testing and Materials (``ASTM'') or American Petroleum
Institute (``API'') specifications referenced below, or comparable
specifications. Specifically included within the scope are seamless
carbon and alloy steel (other than stainless steel) standard, line, and
pressure pipes produced to the ASTM A-53, ASTM A-106, ASTM A-333, ASTM
A-334, ASTM A-335, ASTM A-589, ASTM A-795, ASTM A-1024, and the API 5L
specifications, or comparable specifications, and meeting the physical
parameters described above, regardless of application, with the
exception of the exclusion discussed below. Specifically excluded from
the scope of the investigation are unattached couplings. The
merchandise covered by the investigation is currently classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') under item
numbers: 7304.19.1020, 7304.19.1030, 7304.19.1045, 7304.19.1060,
7304.19.5020, 7304.19.5050, 7304.31.6050, 7304.39.0016, 7304.39.0020,
7304.39.0024, 7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040,
7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062,
7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060, 7304.59.6000,
7304.59.8010, 7304.59.8015, 7304.59.8020, 7304.59.8025, 7304.59.8030,
7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, 7304.59.8055,
7304.59.8060, 7304.59.8065, and 7304.59.8070.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the merchandise subject to
this scope is dispositive.
Ministerial-Error Allegations
A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial. See 19 CFR 351.224(f). A significant ministerial error is
defined as a ministerial error, the correction of which, singly or in
combination with other errors, (1) would result in a change of at least
five absolute percentage points in, but not less than 25 percent of,
the weighted-average dumping margin calculated in the original
(erroneous) preliminary determination; or (2) would result in a
difference between a weighted-average dumping margin of zero or de
minimis and a weighted-average dumping margin of greater than de
minimis or vice versa. See 19 CFR 351.224(g).
After reviewing the ministerial error allegations submitted by TPCO
in its May 3, 2010, submission, the Department agrees that some of the
errors alleged by TPCO are ministerial errors within the meaning of 19
CFR 351.224(f), and that these errors are significant pursuant to 19
CFR 351.224(e). We are amending the Preliminary Determination to
correct these ministerial errors. See the ``Ministerial Error
Memorandum, Amended Preliminary Determination of Sales at Less Than
Fair Value: Certain Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the People's Republic of China,'' dated concurrently
with this Federal Register notice, for a discussion of the ministerial
error allegations. See also Appendix I for a list of the ministerial
error allegations.
The collection of bonds or cash deposits and suspension of
liquidation will be revised accordingly and parties will be notified of
this determination, in accordance with section 733(d) and (f) of the
Act.
Amended Preliminary Determination
As a result of our correction of significant ministerial errors in
the Preliminary Determination, we have determined that the following
weighted-average dumping margin applies:
Tianjin Pipe International Economic and 22.67%
Trading Corporation.....................
Produced by:Tianjin Pipe (Group)
Corporation.....................
Xigang Seamless Steel Tube Co., Ltd...... 57.30%
Produced by: Xigang Seamless
Steel Tube Co., Ltd., and Wuxi
Seamless Special Pipe Co., Ltd..
Jiangyin City Changjiang Steel Pipe Co., 57.30%
Ltd.....................................
Produced by: Jiangyin City
Changjiang Steel Pipe Co., Ltd..
Pangang Group Chengdu Iron & Steel Co., 57.30%
Ltd.....................................
Produced by: Pangang Group
Chengdu Iron & Steel Co., Ltd...
Yangzhou Lontrin Steel Tube Co., Ltd..... 57.30%
Produced by: Yangzhou Lontrin
Steel Tube Co., Ltd.............
Yangzhou Chengde Steel Tube Co., Ltd..... 57.30%
Produced by: Yangzhou Chengde
Steel Tube Co., Ltd.............
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International Trade Commission Notification
In accordance with section 733(f) of the Act, we have notified the
International Trade Commission (``ITC'') of our amended preliminary
determination. If our final determination is affirmative, the ITC will
determine before the later of 120 days after the date of the
preliminary determination or 45 days after our final determination
whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports, or
sales (or the likelihood of sales) for importation, of the subject
merchandise.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).
Dated: May 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Issue 1: Whether the Department correctly added freight costs to the
surrogate value for water.
Issue 2: Whether the Department correctly deducted the value of by-
products from the calculation of the normal value.
Issue 3: Whether the Department correctly added rail freight to the
value of ferromanganese.
Issue 4: Whether the Department correctly applied the appropriate price
corresponding to the type of blast furnace pellets used by TPCO.
Issue 5: Whether the Department used the correct currency conversion
for the inputs of EMAG, TEFRRO, MCARBON, and LCFERRO.
Issue 6: Whether the Department correctly valued steel billets.
[[Page 29974]]
Issue 7: Whether the Department's calculations correctly considered the
weight of the green pipe caps.
Issue 8: Whether the Department should adjust the adverse facts
available rate applied to TPCO's U.S. affiliate's downstream sales.
[FR Doc. 2010-12960 Filed 5-27-10; 8:45 am]
BILLING CODE 3510-DS-S