[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Notices]
[Pages 6762-6764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2751]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-965]
Drill Pipe From the People's Republic of China: Amended Final
Determination of Critical Circumstances
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
DATES: Effective Date: February 8, 2011.
FOR FURTHER INFORMATION CONTACT: Toni Dach, Susan Pulongbarit, or
Matthew Renkey, AD/CVD Operations, Office 9, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington DC 20230; telephone:
(202) 482-1655, (202) 482-4031, or (202) 482-2312, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 11, 2011, the Department of Commerce (``Department'')
published in the Federal Register the final determination in the
antidumping duty
[[Page 6763]]
investigation of drill pipe from the People's Republic of China
(``PRC'').\1\
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\1\ See Drill Pipe From the People's Republic of China: Final
Determination of Sales at Less Than Fair Value and Critical
Circumstances, 76 FR 1966 (January 11, 2011) (``Final
Determination'').
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On January 12, 2011, VAM Drilling USA, Inc., Texas Steel
Conversion, Inc., Rotary Drilling Tools, TMK IPSCO, and the United
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union, AFL-CIO-CLC
(collectively ``Petitioners''); and Baoshan Iron & Steel Co., Ltd.
(``Baoshan'') filed timely allegations that the Department made various
ministerial errors in the Final Determination and requested, pursuant
to 19 CFR 351.224, that the Department correct the alleged ministerial
errors. No other party in this proceeding submitted comments on the
Department's final margin calculations.
Based upon our analysis of the comments and allegations of
ministerial errors, we made changes to the determination of critical
circumstances for DP-Master Manufacturing Co., Ltd. and Jiangyin
Liangda Drill Pipe Co., Ltd. (collectively ``the DP-Master Group'').
Furthermore, as a result of correcting the errors in the final
determination of critical circumstances for the DP-Master Group, the
determination of critical circumstances for the companies granted
separate-rate status \2\ was also revised because the change in import
volumes for those companies were derived from the calculation of
changes in import volumes of the DP-Master Group, Baoshan, and Shanxi
Yida Special Steel Imp. & Exp. Co., Ltd. (``Yida''). However, we have
determined that, pursuant to 19 CFR 351.224(e), it is not appropriate
to make changes to our calculation of freight with respect to Baoshan
because this correction would not alter the de minimis margin found for
Baoshan in the Final Determination.
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\2\ Shanxi Fenglei Drilling Tools Co., Ltd., Jiangsu Shuguang
Huayang Drilling Tool Co., Ltd., and Jiangyin Long-Bright Drill Pipe
Manufacturing Co., Ltd. (collectively ``Separate Rate
Respondents'').
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Scope of the Investigation
The products covered by the investigation are steel drill pipe, and
steel drill collars, whether or not conforming to American Petroleum
Institute (``API'') or non-API specifications. Included are finished
drill pipe and drill collars without regard to the specific chemistry
of the steel (i.e., carbon, stainless steel, or other alloy steel), and
without regard to length or outer diameter. Also included are
unfinished drill collars (including all drill collar green tubes) and
unfinished drill pipe (including drill pipe green tubes, which are
tubes meeting the following description: Seamless tubes with an outer
diameter of less than or equal to 6\5/8\ inches (168.28 millimeters),
containing between 0.16 and 0.75 percent molybdenum, and containing
between 0.75 and 1.45 percent chromium). The scope does not include
tool joints not attached to the drill pipe, nor does it include
unfinished tubes for casing or tubing covered by any other antidumping
or countervailing duty order.
The subject products are currently classified in the following
Harmonized Tariff Schedule of the United States (``HTSUS'') categories:
7304.22.0030, 7304.22.0045, 7304.22.0060, 7304.23.3000, 7304.23.6030,
7304.23.6045, 7304.23.6060, 8431.43.8040 and may also enter under
8431.43.8060, 8431.43.4000, 7304.39.0028, 7304.39.0032, 7304.39.0036,
7304.39.0040, 7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056,
7304.49.0015, 7304.49.0060, 7304.59.8020, 7304.59.8025, 7304.59.8030,
7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, and
7304.59.8055.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the investigation is
dispositive.
Amended Final Results of the Investigation
The Tariff Act of 1930, as amended (the ``Act''), defines a
``ministerial error'' as including ``errors in addition, subtraction,
or other arithmetic function, clerical errors resulting from inaccurate
copying, duplication, or the like, and any other type of unintentional
error which the administering authority considers ministerial.'' See
section 735(e) of the Act. After analyzing Petitioners' and Baoshan's
comments, we have determined that we made certain ministerial errors,
as defined by section 735(e) of the Act, in our calculations for the
Final Determination with respect to our determination of critical
circumstances for the DP-Master Group and our calculation of freight
expenses for certain inputs for Baoshan. However, as noted above, we
have found that, pursuant to 19 CFR 351.224(e), it is only appropriate
to amend the Final Determination with respect to the DP-Master Group
and the Separate Rate Respondents. For a detailed discussion of these
ministerial errors, as well as the Department's analysis of these
errors, see Memorandum to James C. Doyle, through Paul Walker, from
Susan Pulongbarit and Toni Dach, regarding ``Investigation of Drill
Pipe from the People's Republic of China: Ministerial Error
Memorandum,'' dated concurrently with this notice.
Because we have revised the determination of critical circumstances
for the DP-Master Group, we are also revising the determination of
critical circumstances for the Separate Rate Respondents because the
calculation of changes in import volumes for those companies was
calculated as the weighted average of the changes in import volumes for
DP-Master Group, Baoshan and Yida. In accordance with section 735(e) of
the Act, we are amending the Final Determination. As a result of
correcting the ministerial error discussed above, we determine that
critical circumstances exist for the DP-Master Group and the Separate
Rate Respondents.
Cash Deposit Requirements
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to suspend liquidation of all entries of the merchandise
under consideration from the PRC entered, or withdrawn from warehouse,
for consumption on or after May 20, 2010, with respect to the DP-Master
Group and the Separate Rate Respondents, which is 90 days prior to the
date on which the suspension of liquidation was first ordered, i.e., 90
days prior to the date of publication of the Preliminary Determination
\3\ in the Federal Register. CBP shall continue to require a cash
deposit or the posting of a bond equal to the estimated amount by which
the normal value exceeds the U.S. price as shown above. These
instructions suspending liquidation will remain in effect until further
notice. For a general discussion of the application of cash deposits,
see Final Determination, 76 FR at 19706.
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\3\ Drill Pipe From the People's Republic of China: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Determination of Critical Circumstances, and Postponement of Final
Determination, 75 FR 51004 (August 18, 2010).
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Administrative Protective Order
This notice also is the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the return/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.
[[Page 6764]]
This amended final determination and notice are issued and
published in accordance with sections 735(e), and 777(i)(1) of the Act,
and 19 CFR 351.224.
Dated: February 1, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-2751 Filed 2-7-11; 8:45 am]
BILLING CODE 3510-DS-P