[Federal Register Volume 76, Number 42 (Thursday, March 3, 2011)]
[Notices]
[Pages 11758-11760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4796]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-966]
Drill Pipe From the People's Republic of China: Countervailing
Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing a countervailing duty order on drill pipe
from the People's Republic of China (PRC).
DATES: Effective Date: March 3, 2011.
Contact Information: Kristen Johnson, AD/CVD Operations, Office 3,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-4793.
SUPPLEMENTARY INFORMATION:
Background
On January 11, 2011, the Department published its final
determination that countervailable subsidies are being provided to
producers and exporters of drill pipe from the PRC. See Drill Pipe from
the People's Republic of China: Final Affirmative Countervailing Duty
Determination, Final Affirmative Critical Circumstances Determination,
76 FR 1971 (January 11, 2011).
[[Page 11759]]
On February 24, 2011, the ITC notified the Department of its final
determination pursuant to sections 705(b)(1)(A)(ii) and 705(d) of the
Tariff Act of 1930, as amended (the Act), that an industry in the
United States is threatened with material injury by reason of
subsidized imports of subject merchandise from the PRC. The ITC also
determined that critical circumstances do not exist. See Drill Pipe and
Drill Collars from China, Investigation Nos. 701-TA-474 and 731-TA-1176
(Final), USITC Publication 4213 (February 2011). Pursuant to section
706(a) of the Act, the Department is publishing a countervailing duty
order on the subject merchandise.
Scope of the Order
The products covered by this order 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.
The HTSUS subheadings are provided for convenience and customs
purposes only. The written description of the scope of this order is
dispositive.
Countervailing Duty Order
According to section 706(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 upon the threat of
material injury. Section 706(b)(1) of the Act states, ``{i{time} f the
Commission, in its final determination under section 705(b), finds
material injury or threat of material injury which, but for the
suspension of liquidation under section 703(d)(2), would have led to a
finding of material injury, then entries of the merchandise subject to
the countervailing duty order, the liquidation of which has been
suspended under section 703(d)(2), shall be subject to the imposition
of countervailing duties under section 701(a).'' In addition, section
706(b)(2) of the Act requires U.S. Customs and Border Protection (CBP)
to refund any cash deposits or bonds of estimated countervailing duties
posted before the date of publication of the ITC's final affirmative
determination, if the ITC's final determination is based on threat
other than the threat described in section 706(b)(1) of the Act.
Because the ITC's final determination in this case is based on the
threat of material injury and is not accompanied by a finding that
injury would have resulted but for the imposition of suspension of
liquidation of entries since the Department's Preliminary Determination
\1\ was published in the Federal Register, section 706(b)(2) of the Act
is applicable.
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\1\ See Drill Pipe From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, 75 FR
33245 (June 11, 2010) (Preliminary Determination).
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As a result of the ITC's determination and in accordance with
section 706(a)(1) of the Act, the Department will direct CBP to assess,
upon further instruction by the Department, countervailing duties equal
to the amount of the net countervailable subsidy for all relevant
entries of drill pipe from the PRC. In accordance with section 706 of
the Act, the Department will direct CBP to reinstitute suspension of
liquidation,\2\ effective on the date of publication of the ITC's
notice of final determination in the Federal Register, and to require a
cash deposit for each entry of subject merchandise in an amount equal
to the net countervailable subsidy rates listed below. See section
706(a)(3) of the Act. The all others rate applies to all producers and
exporters of subject merchandise not specifically listed.
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\2\ The Department instructed CBP to discontinue the suspension
of liquidation on October 9, 2010, in accordance with section 703(d)
of the Act. Section 703(d) states that the suspension of liquidation
pursuant to a preliminary determination may not remain in effect for
more than four months. Entries of drill pipe from the PRC made on or
after October 9, 2010, and prior to the date of publication of the
ITC's final determination in the Federal Register are not liable for
the assessment of countervailing duties because of the Department's
discontinuation, effective October 9, 2010, of the suspension of
liquidation.
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Net subsidy ad
Producer/Exporter valorem rate
(percent)
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DP Master Manufacturing Co., Ltd. (DP Master), Jiangyin 18.18
Sanliang Petroleum Machinery Co., Ltd. (SPM); Jiangyin
Liangda Drill Pipe Co., Ltd. (Liangda); Jiangyin
Sanliang Steel Pipe Trading Co., Ltd. (SSP), and
Jiangyin Chuangxin Oil Pipe Fittings Co., Ltd.
(Chuangxin) (collectively, DP Master Group)............
All Others.............................................. 18.18
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Termination of the Suspension of Liquidation
As a result of our affirmative critical circumstances finding on
the DP Master Group and all other companies, CBP suspended liquidation
and collected cash deposits or bonds on all entries by these companies
made 90 days prior to our affirmative Preliminary Determination.
The Department will instruct CBP to terminate the suspension of
liquidation for entries of drill pipe from the PRC, entered or
withdrawn from warehouse, for consumption prior to the publication of
the ITC's notice of final determination. The Department will also
instruct CBP to refund any cash deposits made and release any bonds
with respect to entries of drill pipe entered, or withdrawn from
warehouse,
[[Page 11760]]
for consumption on or after March 13, 2010 (i.e., 90 days prior to the
date of publication of the Preliminary Determination), but before the
date of publication of the ITC's final determination in the Federal
Register.
This notice constitutes the countervailing duty order with respect
to drill pipe from the PRC, pursuant to section 706(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room 7046 of the main Commerce Building, for copies of an updated list
of countervailing duty orders currently in effect.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: February 25, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-4796 Filed 3-2-11; 8:45 am]
BILLING CODE 3510-DS-P