[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Notices]
[Pages 69052-69054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28410]
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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 Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
DATES: Effective Date: November 10, 2010.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(``ITC''), the Department is issuing an antidumping duty order on
certain seamless carbon and alloy steel standard, line, and pressure
pipe (``seamless pipe'') from the People's Republic of China (``PRC'').
In addition, the Department is amending its final determination to
correct certain ministerial errors.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Brandon Farlander, 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-
4162 or (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (``Act''), on September 21, 2010, the Department
published the final determination of sales at less than fair value in
the antidumping duty investigation of seamless pipe from the PRC. See
Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure
Pipe from the People's Republic of China: Final Determination of Sales
at Less Than Fair Value and Critical Circumstances, in Part, 75 FR
57449 (September 21, 2010) (``Final Determination''). On November 4,
2010, the ITC notified the Department of its affirmative determination
of threat of material injury to a U.S. industry, and its negative
determination of critical circumstances. See Certain Seamless Carbon
and Alloy Steel Standard, Line, and Pressure Pipe from China, USITC
Investigation Nos. 701-TA-469 and 731-TA-1168 (Final), USITC
Publication 4190, (November 2010).
Scope of the Order
The merchandise covered by this order 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 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-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 order are: (1) All
pipes meeting
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aerospace, hydraulic, and bearing tubing specifications; (2) all pipes
meeting the chemical requirements of ASTM A-335, whether finished or
unfinished; and (3) unattached couplings. Also excluded from the scope
of the order are all mechanical, boiler, condenser and heat exchange
tubing, except when such products conform to the dimensional
requirements, i.e., outside diameter and wall thickness of ASTM A-53,
ASTM A-106 or API 5L specifications.
The merchandise covered by the order 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.
Amendment to the Final Determination
On September 21, 2010, the Department published its affirmative
final determination in this proceeding. See Final Determination. On
September 21, 2010, United States Steel Corporation (``U.S. Steel''), a
petitioner in the investigation, and Tianjin Pipe (Group) Corporation
and Tianjin Pipe International Economic and Trading Corporation
(collectively ``TPCO''), a respondent in the investigation, submitted
timely ministerial error allegations and requested, pursuant to 19 CFR
351.224, that the Department correct the alleged ministerial errors in
the dumping margin calculations. On September 27, 2010, U.S. Steel,
TPCO and Hengyang Steel Tube Group Int'l Trading Inc., Hengyang Valin
Steel Tube Co., Ltd. and Hengyang Valin MPM Tube Co., Ltd.
(collectively ``Hengyang''), the other mandatory respondent in this
investigation, filed rebuttal comments. No other interested party
submitted ministerial error allegations or rebuttal comments.
After analyzing all interested party comments and rebuttals, we
have determined, in accordance with section 735(e) of the Act and 19
CFR 351.224(e), that we made the following ministerial errors in our
calculations for the Final Determination with respect to TPCO and
Hengyang:
For TPCO, we unintentionally adjusted the denominator used
to calculate the ratio for market-economy purchases (``MEP'') of steel
scrap, thereby resulting in an incorrect ratio for the MEP of steel
scrap.
For TPCO, we unintentionally calculated the percentage
reduction to TPCO's reported by-product offset by dividing the quantity
of further processed steel scrap by the quantity of steel scrap
reintroduced into production, rather than the quantity of steel scrap
generated by TPCO during the period of investigation.
For one of the three financial statements used to
calculate the financial ratios for TPCO and Hengyang, we
unintentionally: (1) Classified an amount for dividend income as
selling, general and administrative expenses (``SG&A'') and interest,
instead of excluding the dividend income from our calculation; and (2)
excluded a financial expense amount, rather than including it in the
SG&A and interest expense category.
For a detailed discussion of the ministerial errors alleged by U.S.
Steel and the respondent, as well as the Department's analysis, see the
Memorandum to Susan H. Kuhbach, Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, ``Ministerial Error
Memorandum, Amended Final 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 October 15,
2010 (``Ministerial Error Memorandum'').
Also, in the Final Determination we determined that a number of
companies in addition to the mandatory respondents qualified for a
separate rate. See Final Determination at 57452. Since the cash deposit
rate for the separate rate respondents is based on the average of the
margins for the mandatory respondents, and the margins for TPCO and
Hengyang changed as a result of the aforementioned ministerial errors,
in the amended final determination, we have revised the calculation of
the dumping margin for the separate rate respondents as well. See
Ministerial Error Memorandum. The amended weighted average dumping
margins are as follows:
------------------------------------------------------------------------
Weighted-
Exporter Producer Average margin
percent
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Tianjin Pipe International Tianjin Pipe (Group) 50.01
Economic and Trading Corporation.
Corporation.
Hengyang Steel Tube Group Hengyang Valin Steel 82.24
Int'l Trading Inc. Tube Ltd., and
Hengyang Valin MPM
Tube Co., Ltd.
Xigang Seamless Steel Tube Xigang Seamless Steel 66.13
Co., Ltd. Tube Co., Ltd., and
Wuxi Seamless Special
Pipe Co., Ltd.
Jiangyin City Changjiang Steel Jiangyin City 66.13
Pipe Co., Ltd. Changjiang Steel Pipe
Co., Ltd.
Pangang Group Chengdu Iron & Pangang Group Chengdu 66.13
Steel Co., Ltd. Iron & Steel Co., Ltd.
Yangzhou Lontrin Steel Tube Yangzhou Lontrin Steel 66.13
Co., Ltd. Tube Co., Ltd.
Yangzhou Chengde Steel Tube Yangzhou Chengde Steel 66.13
Co., Ltd. Tube Co., Ltd.
PRC-wide Entity............... ...................... 98.74
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Antidumping Duty Order
On November 4, 2010, in accordance with section 735(d) of the Act,
the ITC notified the Department of its final determination in this
investigation. In its final determination in this investigation, the
ITC found that a U.S. industry is threatened with material injury by
reason of imports of seamless pipe from the PRC. According to section
736(b)(2) of the Act, duties shall be assessed on subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the ITC's notice of final determination if that
determination is based on the threat of material injury and is not
accompanied by a finding that injury would have resulted without the
imposition of suspension of liquidation of entries since the
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Department's preliminary determination. In addition, section 736(b)(2)
of the Act requires U.S. Customs and Border Protection (``CBP'') to
refund any cash deposits or bonds of estimated antidumping duties
posted since the preliminary antidumping determination if the ITC's
final determination is threat-based. Therefore, in accordance with
section 736(b)(2) of the Act and our practice, we will instruct CBP to
terminate the suspension of liquidation and refund any cash deposits
made and release any bonds posted for estimated antidumping duties for
entries of seamless pipe from the PRC entered, or withdrawn from
warehouse, for consumption on or after April 28, 2010, the date on
which the Department published its Preliminary Determination, but
before the date of publication of the ITC's final determination in the
Federal Register. For exports from Hengyang and the PRC-wide entity, we
will instruct CBP to lift suspension, release any bond or other
security, and refund any cash deposit made to secure the payment of
antidumping duties with respect to entries of the merchandise entered,
or withdrawn from warehouse, for consumption on or after January 28,
2010 (i.e., 90 days prior to the date of publication of the preliminary
determination in the Federal Register), through April 27, 2010.
Further, we will instruct CBP to continue to suspend liquidation of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determination. The instructions suspending liquidation will
remain in effect until further notice.
In accordance with section 736(a)(3) of the Act, we will instruct
CBP to require cash deposits of estimated antidumping duties. In its
final determination in the companion countervailing duty (``CVD'')
investigation, the Department found that TPCO's and Hengyang's
merchandise benefited from export subsidies.\1\ Additionally, because
the Department found that TPCO and Hengyang, the companies that it
investigated in the CVD case, benefited from export subsidies, all
other exporters have benefited from export subsidies based upon the
results determined for TPCO and Hengyang. Therefore, we will instruct
CBP to require an antidumping duty cash deposit equal to the weighted-
average amount by which the normal value exceeds the U.S. price for
TPCO and Hengyang, as indicated in the table above, minus the amount
determined to constitute an export subsidy for each company. For the
separate-rate companies, we will instruct CBP to adjust the dumping
margin by the amount of export subsidies included in the All Others
rate from the CVD Final. Accordingly, as of the date of publication of
the ITC's final affirmative injury determination, CBP will require, at
the same time as importers would normally deposit estimated duties on
this subject merchandise, a cash deposit equal to the estimated
weighted-average antidumping duty margins discussed above, minus the
amount determined to constitute an export subsidy. See section
735(c)(1) of the Act. The ``PRC-wide'' rate applies to all exporters of
subject merchandise not specifically listed.
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\1\ See Certain Seamless Carbon and Alloy Steel Standard, Line,
and Pressure Pipe from the People's Republic of China: Final
Affirmative Countervailing Duty Determination, Final Affirmative
Critical Circumstances Determination, 75 FR 57444 (September 21,
2010) (``CVD Final'').
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Additionally, in accordance with section 736 of the Act, the
Department will also direct CBP to assess antidumping duties on all
unliquidated entries of seamless pipe from the PRC entered, or
withdrawn from warehouse, for consumption on or after the date on which
the ITC published its notice of final determination of threat of
material injury in the Federal Register.
This notice constitutes the antidumping duty order with respect to
seamless pipe from the PRC pursuant to section 736(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room 7043 of the main Commerce building, for copies of an updated list
of antidumping duty orders currently in effect.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211.
Edward C. Yang,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-28410 Filed 11-9-10; 8:45 am]
BILLING CODE 3510-DS-P