[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16071-16072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7216]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-936]
Circular Welded Carbon Quality Steel Line Pipe from the People's
Republic of China: Notice of Amended Final Determination Pursuant to
Final Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 11, 2009, the United States Court of International
Trade (CIT) sustained the Department of Commerce's (the Department)
remand determination in Circular Welded Carbon Quality Steel Line Pipe
from the People's Republic of China: Final Affirmative Countervailing
Duty Determination, 73 FR 70961 (Nov. 24, 2008) (Line Pipe from the
PRC), amended by Circular Welded Carbon Quality Steel Line Pipe from
the People's Republic of China: Notice of Amended Final Affirmative
Countervailing Duty Determination and Notice of Countervailing Duty
Order, 74 FR 4136 (Jan. 23, 2009) (Amended Line Pipe from the PRC).
Because all litigation in this matter has concluded, the Department is
issuing the amended final determination in Line Pipe from the PRC in
accordance with the CIT's decision.
EFFECTIVE DATE: March 31, 2010.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Ave., NW.,
Washington, DC 20230; telephone: 202/482-1009.
SUPPLEMENTARY INFORMATION:
Background
On November 24, 2008, the Department published its affirmative
countervailing duty determination in Line Pipe from the PRC. On January
23, 2009, the Department published an amended affirmative
countervailing duty determination in conjunction with the
countervailing duty order. See Amended Line Pipe from the PRC. After
correcting for ministerial errors, the Department calculated an amended
subsidy rate for Huludao Seven-Star Steel Pipe Group Co., Ltd. (Huludao
Seven Star Group), Huludao Steel Pipe Industrial Co. Ltd. (Huludao
Steel Pipe), and Huludao Bohai Oil Pipe Industrial Co. Ltd. (Huludao
Bohai) (collectively, the Huludao Companies) of 31.29 percent. Id.
[[Page 16072]]
In Line Pipe from the PRC, the Department found that suppliers of
hot-rolled steel were government-owned with a single exception for the
Huludao Companies. Accordingly, the Department determined that supplier
to be a private company and thus did not include the hot-rolled steel
from that supplier in the Huludao Companies' subsidy calculation.
Petitioners, United States Steel Corporation and Maverick Tube
Corporation, challenged Line Pipe from the PRC before the CIT, arguing
in relevant part that the Department erred in finding that supplier of
hot-rolled steel to the Huludao Companies to be a private company and
not a state-owned enterprise. On September 10, 2009, the CIT granted
the Department's request for a voluntary remand for the limited purpose
of ``reconsidering and, as necessary, correcting a potential error
related to the factual finding concerning the ownership of a supplier
of hot-rolled steel'' to the Huludao Companies. United States Steel
Corp. et al. v. United States, Consol. Court No. 09-00086 (Ct. Int'l
Trade Sept. 10, 2009) (order granting motion for voluntary remand).
The Department issued its remand redetermination on October 20,
2009. See United States Steel Corp. et al. v. United States, Consol.
Court No. 09-00086, Final Redetermination Pursuant to Remand (Oct. 20,
2009) (Final Redetermination). On remand, the Department determined its
previous finding concerning the private ownership of the supplier of
hot-rolled steel to the Huludao Companies to be in error. The
Department corrected for that error by finding the supplier in question
to be government-owned through the application of adverse facts
available. See Final Redetermination at 3. As a result of that
correction, the Department calculated a revised subsidy rate for the
Huludao Companies of 33.43 percent and a revised all-others rate
pursuant to section 705(c)(5)(A) of the Tariff Act of 1930, as amended
(the Act), of 36.74 percent.\1\ Id. at 4.
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\1\ The all-others rate was recalculated using a simple average
of the two responding firms' subsidy rates. See Line Pipe from the
PRC, 73 FR at 70962-63.
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Amended Final Determination
On December 11, 2009, the CIT sustained the Department's remand
redetermination in its entirety. See United States Steel Corp. et al.
v. United States, Slip Op. 09-137 (Ct. Int'l Trade Dec. 11, 2009).
Because there is now a final and conclusive decision in the court
proceeding, we are further amending Line Pipe from the PRC to reflect
the results of the Department's remand redetermination, i.e., the
inclusion of the previously excluded supplier to the subsidy
calculations. Accordingly, we will instruct CBP to collect cash
deposits of estimated countervailing duties at the rate of 33.00
percent of the free on board (f.o.b.) invoice price on all shipments of
subject merchandise from the Huludao Companies entered or withdrawn
from warehouse, for consumption, on or after publication date of this
notice in the Federal Register. Additionally, we will instruct CBP to
collect cash deposits of estimated countervailing duties at the rate of
36.53 percent of the f.o.b. invoice price on all shipments of subject
merchandise from companies subject to the all-others rate pursuant to
section 705(c)(5)(A) of the Act, entered or withdrawn from warehouse,
for consumption, on or after publication date of this notice in the
Federal Register.
This determination is published pursuant to sections 705(d) and
777(i) of the Act.
Dated: March 25, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-7216 Filed 3-30-10; 8:45 am]
BILLING CODE 3510-DS-S