[Federal Register Volume 75, Number 182 (Tuesday, September 21, 2010)]
[Notices]
[Pages 57456-57457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23548]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-914]
Light-Walled Rectangular Pipe and Tube from the People's Republic
of China: Final Results of the 2008-2009 Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 14, 2010, the Department of Commerce (the
``Department'') published the preliminary results of the administrative
review of the antidumping duty order on light-walled rectangular pipe
and tube from the People's Republic of China (``PRC''), covering the
period January 20, 2008, through July 31, 2009. See Light-Walled
Rectangular Pipe and Tube from the People's Republic of China:
Preliminary Results of the 2008-2009 Antidumping Duty Administrative
Review, 75 FR 27308 (May 14, 2010) (``Preliminary Results''). We gave
interested parties an opportunity to comment on the Preliminary
Results. After reviewing the interested parties' comments, we made
changes to our calculations for the final results of the review. The
final dumping margin for this review is listed in the ``Final Results
of Review'' section below.
EFFECTIVE DATE: September 21, 2010.
FOR FURTHER INFORMATION CONTACT: Melissa Blackledge or Howard Smith,
AD/CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-3518
or (202) 482-5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
Following the Preliminary Results, the Department issued additional
supplemental questionnaires to Sun Group Inc.'s (``respondent'') U.S.
affiliated importer FitMAX Inc. (``FitMAX'') on June 2, 2010 and June
16, 2010. FitMAX responded on June 7, 2010, and June 21, 2010,
respectively. Respondent submitted post-preliminary surrogate value
comments on June 1, 2010, and on June 11, 2010, petitioners\1\
submitted rebuttal comments. On June 28, 2010, respondent submitted a
case brief, and on July 6, 2010, petitioners submitted a rebuttal
brief. None of the interested parties requested a hearing.
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\1\ Petitioners are Atlas Tube, Bull Moose Tube Company and
Searing Industries, Inc.
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As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from February 5, through February 12, 2010. Thus, all
deadlines in this segment of the proceeding were extended by seven
days. The revised deadline for the final results of this administrative
review was thus extended to September 11, 2010. See Memorandum to the
Record from Ronald Lorentzen, DAS for Import Administration, regarding
``Tolling of Administrative Deadlines As a Result of the Government
Closure During the Recent Snowstorms,'' dated February 12, 2010.
On June 9, 2010, the Department notified parties that as a result
of the recent decision in Dorbest Limited et al. v. United States, No.
2009-1257, -1266 (Fed. Cir. May 14, 2010), issued by the United States
Court of Appeals for the Federal Circuit (``CAFC''), the Department
would be reconsidering its valuation of labor in this review. On July
22, 2010, the Department placed export data on the record of the review
and gave parties until July 27, 2010, to comment on the narrow issue of
the labor wage value in light of the CAFC's decision. On July 27, 2010,
respondent submitted comments on the labor wage issue. No other party
commented.
Scope of the Order
The merchandise subject to this order is certain welded carbon-
quality light-walled steel pipe and tube, of rectangular (including
square) cross section, having a wall thickness of less than 4 mm.
The term carbon-quality steel includes both carbon steel and alloy
steel which contains only small amounts of alloying elements.
Specifically, the term carbon-quality includes products in which none
of the elements listed below exceeds the quantity by weight
respectively indicated: 1.80 percent of manganese, or 2.25 percent of
silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or
1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10
percent of molybdenum, or 0.10 percent of niobium, or 0.15 percent
vanadium, or 0.15 percent of zirconium. The description of carbon-
quality is intended to identify carbon-quality products within the
scope. The welded carbon-quality rectangular pipe and tube subject to
the order is currently classified under the Harmonized Tariff Schedule
of the United States (``HTSUS'') subheadings 7306.61.50.00 and
7306.61.70.60.
While HTSUS subheadings are provided for convenience and Customs
purposes, our written description of the scope of the order is
dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the ``Issues and Decision Memorandum for the Final Results in the
Antidumping Duty Administrative Review of Light-Walled Rectangular Pipe
and Tube from the People's Republic of China'' (``Issues and Decision
Memorandum''), which is dated concurrently with and hereby adopted by
this notice. A list of the issues that parties raised and to which we
responded in the Issues and Decision Memorandum is attached to this
notice as an Appendix. The Issues and Decision Memorandum is a public
document that is on file in the Central Records Unit in room 7046 in
the main Department building, and is accessible on the web at http://www.ia.ita.doc.gov/frn. The paper copy and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made the
following changes in calculating the respondent's dumping margin: (1)
we made changes to the surrogate value for labor; and (2) we excluded
delivery and website expenses from U.S. indirect selling expenses
(``ISE'') used to calculate the ISE ratio. For further details, see the
accompanying ``Issues and Decision Memorandum,'' and the memoranda
entitled ``Analysis for the Final Results of Antidumping Duty
Administrative Review of Light-Walled Rectangular Pipe and Tube from
the People's Republic of China: Sun Group Inc.,'' and ``2008-2009
Antidumping Duty Administrative Review of Light-Walled Rectangular Pipe
and Tube from the People's Republic of China:
[[Page 57457]]
Surrogate Values for the Final Results'' memoranda, all dated September
13, 2010.
Final Results of Review
We determine that the following margin exists for the period
January 20, 2008, through July 31, 2009:
Light-Walled Rectangular Pipe and Tube from the PRC
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Weighted-Average
Company Margin (Percent)
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The Sun Group Inc................................... 27.12
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Assessment Rates
The Department has determined, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of review.
Cash Deposit Requirements
The following cash-deposit requirements will apply to all shipments
of light-walled rectangular pipe and tube from the PRC entered, or
withdrawn from warehouse, for consumption on or after the publication
date of the final results of this administrative review, as provided by
section 751(a)(1) of the Tariff Act of 1930, as amended (the ``Act''):
(1) the cash deposit rate for the reviewed company named above will be
the rate for that firm established in the final results of this
administrative review; (2) for any previously reviewed or investigated
PRC or non-PRC exporter, not covered in this review, with a separate
rate, the cash deposit rate will be the company-specific rate
established in the most recent segment of this proceeding; (3) for all
other PRC exporters, the cash deposit rate will be the PRC-wide rate
which is 264.64 percent; and (4) the cash-deposit rate for any non-PRC
exporter of subject merchandise from the PRC will be the rate
applicable to the PRC exporter that supplied that exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Interested Parties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a final reminder to parties subject to
the administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305. Timely
written notification of the 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 notice of final results is issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 13, 2010.
Ronald K. Lorentzen.
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-23548 Filed 9-20-10; 8:45 am]
BILLING CODE 3510-DS-S