67500
Notices Federal Register Vol. 66, No. 250
Monday, December 31, 2001
This section of the FEDERAL REGISTER SUMMARY: Pursuant to the authorities in the provisions effective January 1, 1995, contains documents other than rules or the Federal Advisory Committee Act the effective date of the amendments proposed rules that are applicable to the (Public Law 92–463) and under the made to the Act by the Uruguay Round public. Notices of hearings and investigations, Secure Rural Schools and Community Agreements Act. In addition, unless committee meetings, agency decisions and Self-Determination Act of 2000 (Public otherwise indicated, all citations to the rulings, delegations of authority, filing of petitions and applications and agency Law 106–393) the Boise and Payette Department’s regulations are to the statements of organization and functions are National Forests’ Southwest Idaho regulations codified at 19 CFR part 351 examples of documents appearing in this Resource Advisory Committee will meet (2001). section. Wednesday, January 16, 2001 in Boise, Preliminary Determination Idaho for a business meeting. The meeting is open to the public. We preliminarily determine that certain circular welded carbon-quality DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: The steel pipe (‘‘pipe’’) from the People’s business meeting on January 16, begins Republic of China (‘‘PRC’’) is being, or Forest Service at 10:30 AM, at the Bureau of is likely to be, sold in the United States Reclamation Office, 1150 North Curtis Deschutes and Ochoco National at less than fair value (‘‘LTFV’’), as Road, Boise, Idaho. Agenda topics will Forests Resource Advisory Committee provided in section 733 of the Act. The include development of committee estimated margins of sales at LTFV are AGENCY: Forest Service, USDA. operating guidelines, and process for shown in the ‘‘Suspension of ACTION: soliciting project proposals, reviewing Notice of meeting. Liquidation’’ section of this notice. project proposals and recommending SUMMARY: The Deschutes and Ochoco project proposals for approval. Case History National Forests Resource Advisory FOR FURTHER INFORMATION CONTACT: Committee will meet on Tuesday, This investigation was initiated on January 15, 2002, at the Central Oregon Randy Swick, McCall District Ranger June 13, 2001. See Notice of Initiation of Intergovernmental Council building, and Designated Federal Officer, at (208) Antidumping Duty Investigation: main conference room, 2363 SW Glacier 634–0400. Certain Circular Welded Carbon-Quality Place, Redmond, Oregon. The meeting Dated: December 19, 2001. Steel Pipe from the People’s Republic of will begin at 9 a.m. and continue until David F. Alexander, China, 66 FR 33227 (June 21, 2001) (‘‘Notice of Initiation’’). The Department 3 p.m. Committee members will review Forest Supervisor. projects proposed under Resource set aside a period for all interested [FR Doc. 01–32055 Filed 12–28–01; 8:45 am] parties to raise issues regarding product Advisory Committee consideration BILLING CODE 3410–11–M under Title II of the Secure Rural coverage. See Notice of Initiation at Schools and Community Self- 33228. We did not receive comments Determination Act of 2000. All regarding product coverage. DEPARTMENT OF COMMERCE On July 13, 2001, the United States Deschutes and Ochoco National Forests International Trade Commission (‘‘ITC’’) Resource Advisory Committee meetings International Trade Administration issued its affirmative preliminary are open to the public. Interested determination that there is a reasonable citizens are welcome to attend. [A–570–870] indication that an industry in the FOR FURTHER INFORMATION CONTACT: Notice of Preliminary Determination of United States is materially injured by Direct questions regarding this meeting Sales at Less Than Fair Value: Certain reason of imports of the subject to Leslie Weldon, Designated Federal Circular Welded Carbon-Quality Steel merchandise from the PRC, which was Official, USDA, Deschutes National Pipe From the People’s Republic of published in the Federal Register on Forest, 1634 Highway 20 East, Bend, China July 13, 2001. See Circular Welded Non- Oregon 97702, 541–383–5512. Alloy Steel Pipe from China, Indonesia, AGENCY: Dated: December 21, 2001. Import Administration, Malaysia, Romania, and South Africa, International Trade Administration, Leslie A.C. Weldon, 66 FR 36801 (July 13, 2001). Department of Commerce. Forest Supervisor, Deschutes National Forest. On June 22, 2001, the Department EFFECTIVE DATE: December 31, 2001. [FR Doc. 01–32053 Filed 12–28–01; 8:45 am] issued a questionnaire to numerous FOR FURTHER INFORMATION CONTACT known producers/exporters of the BILLING CODE 3410–11–M : Amy Ryan, Alex Villanueva, and Robert subject merchandise requesting volume Bolling, Import Administration, and value of U.S. sales information. On DEPARTMENT OF AGRICULTURE International Trade Administration, July 3, 2001, Tai Feng Qiao Metal U.S. Department of Commerce, 14th Products Co., (‘‘Tai Feng Qiao’’); Forest Service Street and Constitution Avenue, NW., WeiFang East Steel Pipe Co., Ltd. Washington, DC 20230; telephone: (202) (‘‘WeiFang’’); PanGang Group BeiHai Notice of Resource Advisory 482–0961, (202) 482–6412, and (202) Steel Pipe Corp.; Northern Steel Pipe Committee Meeting 482–3434, respectively. Co., Ltd.,; ZheJiang JingZhou HuaLong Petroleum Corrosion-Resistant Steel AGENCY: Southwest Idaho Resource The Applicable Statute and Regulations Advisory Committee, Boise, ID; USDA, Pipe Co., Ltd.; Tianjin Shuang Jie Steel Forest Service Agriculture. Unless otherwise indicated, all Pipe Co., Ltd. (‘‘Tianjin Shuang Jie’’); citations to the Tariff Act of 1930, as Walsall Steel Pipe Co., Ltd/China ACTION: Notice of meeting. amended (‘‘the Act’’), are references to MinMetals ZhuHai Co., Ltd; XuZhou
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GuangHuan Steel Tube Co., Ltd.; and allowed to participate in this supplemental questionnaire. On October Guangzhou Pearl River Steel Pipe investigation as mandatory respondents. 12, 2001, the Department received Factory submitted responses to the On August 8, 2001, the Department Tianjin Shuang Jie’s supplemental Department’s questionnaire seeking received a Section A response from Section A, C and D response. On volume and value of U.S. sales Walsall. On August 15, 2001, the October 29, 2001, the Department issued information. On July 9, 2001, Baosteel Department received Section A its second Section C and D Group International Trade Corporation responses from Baosteel International, supplemental questionnaire. On (‘‘Baosteel International’’) and Tianjin Tianjin Shuang Jie, WeiFang, Tai Feng November 5, 2001, the Department Shuang Jie, submitted responses to the Qiao, and ZhuHai. On August 22, 2001, received Tianjin Shuang Jie’s second Department’s questionnaire seeking the Department received Section A Section C and D supplemental volume and value of U.S. sales response from Pangang Group questionnaire response. On November 7, information. International Economic and Trade 2001, the Department issued its third On July 17, 2001, the Department Corporation (‘‘Pangang International’’). Section C and D supplemental issued its respondent selection On August 31, 2001, the Department questionnaire to Tianjin Shuang Jie. On memorandum, selecting Baosteel received a Section A and volume and November 8, 2001, the Department International, Tianjin Shuang Jie, and value response from Jinzhou. received Tianjin Shuang Jie’s third WeiFang to be investigated (see On August 24, 2001, the Department Section C and D supplemental Selection of Respondents section issued its supplemental Section A questionnaire response. On November below). On July 19, 2001, Tai Feng Qiao questionnaire to Baosteel International. 29, 2001, the Department issued its requested the Department to reconsider On September 5, 2001, the Department fourth Section C and D questionnaire to its respondent selection and include Tai received Baosteel International’s Section Tianjin Shuang Jie. On December 1, Feng Qiao as a mandatory respondent. C and D response. On September 7, 2001, the Department received Tianjin On July 23, 2001, China MinMetals 2001, the Department received Baosteel Shuang Jie’s fourth Section C and D ZhuHai Co. (‘‘ZhuHai’’) submitted its International’s supplemental Section A supplemental questionnaire response. response to the Department’s response. On September 28, 2001, the On December 5, 2001, the Department questionnaire seeking volume and value Department issued its supplemental received a submission from Tianjin Section C and D questionnaire to of U.S. sales information. Shuang Jie regarding the valuation of Baosteel International. On October 12, On July 25, 2001, the Department hot-rolled coil and others factors that it 2001, the Department received Baosteel issued a letter to interested parties thought the Department should use in International’s supplemental Section C providing an opportunity to comment its preliminary determination. On and D response. On October 12, 2001, on the Department’s proposed product December 17, 2001, Tianjin Shuang Jie, the Department issued its second requested an extension of the characteristics criteria. On August 1, supplemental Section A questionnaire 2001, we received comments from Department’s final determination. to Baosteel International. On October On August 22, 2001, the Department Tianjin Shuang Jie on the Department’s 19, 2001, the Department received issued its supplemental Section A proposed product characteristics Baosteel International’s second questionnaire to WeiFang. On criteria. supplemental Section A response. On September 5, 2001, the Department On July 18, 2001, the Department October 29, 2001, the Department issued received WeiFang’s supplemental issued its Section A antidumping duty its second supplemental Section C and Section A response. On September 17, questionnaire to Baosteel International, D questionnaire to Baosteel 2001, the Department issued its Tianjin Shuang Jie, and WeiFang. On International. On November 5, 2001, the supplemental Sections A, C and D August 7, 2001, the Department Department received Baosteel questionnaires to WeiFang. On October received extension requests from parties International’s second supplemental 12, 2001, the Department received for responding to the Department’s Section C and D response. On November WeiFang’s supplemental Sections A, C Section A antidumping duty 14, 2001, the Department issued its and D responses. On November 8, 2001, questionnaire. Additionally, on August third supplemental Section C and D the Department issued its second 7, 2001, the Department issued the questionnaire to Baosteel International. supplemental Section C and D remaining portion (i.e., Sections C & D) On November 20, 2001, the Department questionnaires to WeiFang. of its antidumping duty questionnaire to received Baosteel International’s third On October 26, 2001, the Department Baosteel International, Tianjin Shuang supplemental Section C and D response. published a notice of postponement of Jie, and WeiFang. On August 15, 2001, On November 28, 2001, the Department its preliminary antidumping duty we received Section A responses from requested that Baosteel International determination. See Notice of Baosteel International, Tianjin Shuang provide answers to two additional Postponement of Preliminary Jie, and WeiFang. questions. See Memorandum to the File Antidumping Duty Investigation of On August 1, 2001, ZhuHai and from Robert Bolling, dated November Certain Circular Welded Carbon-Quality Walsall Steel Pipe Industrial Co., Ltd 28, 2001. On November 29, 2001, the Steel Pipe from the People’s Republic of (‘‘Walsall’’) requested the Department to Department received Baosteel China, 66 FR 54198, October 26, 2001. reconsider its respondent selection and International’s response to the two On November 7, 2001, the Department include ZhuHai and Walsall as questions. issued supplemental Section A mandatory respondents. On August 6, On August 21, 2001, the Department questionnaires to Zhuhai, Pangang 2001, Zhejiang Kingland Group, Inc. issued its supplemental Section A International, Tai Feng Qiao, Walsall, (‘‘Jinzhou’’) requested to be included in questionnaire to Tianjin Shuang Jie. On and Jinzhou, exporters of the subject the investigation as a voluntary September 5, 2001, the Department merchandise requesting a separate rate. respondent. On August 8, 2001, Tai received Tianjin Shuang Jie’s Section C On November 13, 2001, Pangang Feng Qiao requested the Department to and D questionnaire response and International requested a two-day reconsider its respondent selection and Tianjin Shuang Jie’s Section A extension for filing its supplemental include Tai Feng Qiao as a mandatory supplemental questionnaire response. Section A response. On November 14, respondent. On August 16, 2001, On September 28, 2001, the Department 2001, the Department received ZhuHai and Walsall requested to be issued its Section A, C and D supplemental Section A responses from
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Zhuhai, Tai Feng Qiao, Walsall, and stenciled to the ASTM standards A–53, can reasonably be examined. After Jinzhou. Additionally, on November 16, A–135, A–795, A–120, A–500, A–252, consideration of the complexities 2001, the Department received a or their equivalents. Standard and expected to arise in this proceeding and supplemental Section A response from structural pipe products may also be the resources available to the Pangang International. produced to proprietary specifications Department, we determined that it was On December 10, 2001, petitioners rather than to industry standard. This is not practicable in this investigation to submitted preliminary determination often the case with fence tubing, for examine all known producers/exporters comments to the Department regarding example. of subject merchandise. Instead, we the valuation of hot-rolled coil and The scope does not include boiler limited our examination to the exporters other factors. On December 13, 2001, tubes, pressure tubing, mechanical and producers accounting for the largest Tianjin Shuang Jie responded to tubing, finished conduit, oil country volume of the subject merchandise petitioners comments, however Baosteel tubular goods (OCTG), and line pipe. pursuant to section 777A(c)(2)(B) of the International and WeiFang did not However, with regard to these excluded Act. The three PRC producers/exporters, respond. products, if petitioners or other Baosteel International, Tianjin Shuang interested parties provide to the Jie, WeiFang (collectively, Period of Investigation Department reasonable grounds to ‘‘respondents’’), accounted for the The period of investigation (‘‘POI’’) is believe or suspect that the products are majority of all exports of the subject October 1, 2000 through March 31, being used in a standard or structural merchandise from the PRC during the 2001. This period corresponds to the application, the Department may POI, and were therefore selected as two most recent fiscal quarters prior to instruct the U.S. Customs Service to mandatory respondents. See the month of the filing of the petition require end-use certifications. In Memorandum from James Doyle to (May 24, 2001). See 19 CFR addition, line pipe meeting the Edward Yang: Selection of Respondents: 351.204(b)(1). American Petroleum Institute (API) line Antidumping Duty Investigation of Scope of Investigation pipe is excluded from the scope of these Circular Welded Carbon Quality Steel investigations, and any resultant Pipe from the People’s Republic of The products covered by this antidumping duty order, if covered by China, July 17, 2001. We note that investigation are certain welded carbon- the scope of another antidumping duty ZhuHai, Walsall, and Tai Feng Qiao quality steel pipes and tubes, of circular order from the same country. requested that the Department consider cross-section, with an outside diameter The standard pipe products that are each as mandatory respondents (see of 0.372 inches (9.45 mm) or more, but the subject of these investigations are background section above). However, not more than 16 inches (406.4 mm), currently classifiable in the Harmonized the respondents’ submissions provided regardless of wall thickness, surface Tariff Schedule of the United States no new evidence that would convince finish (black, galvanized, or painted), (HTSUS) subheadings 7306.30.10 and the Department to reconsider its end finish (plain end, beveled end, 7306.30.50. This petition also covers selection of respondents. Thus, we have grooved, threaded, or threaded and dual-certified A–53/API or single continued to determine that due to the coupled), or industry specification certified pipe that enters the United complexities of this investigation, the (ASTM, proprietary, or other), generally States if its is used in, or intended for producers/exporters that the known as standard pipe and structural use in, standard pipe or structural pipe Department chose to investigate as pipe. applications. Such certified pipe may mandatory respondents are appropriate. Standard pipes and tubes are include API–5L or API–5L X–42 pipe. intended for the low-pressure Although the HTSUS subheadings are Nonmarket Economy Country Status conveyance of water, steam, natural gas, provided for convenience and U.S. The Department has treated the PRC air, and other liquids and gases in Customs purposes, the written as a non-market economy (‘‘NME’’) plumbing and heating systems, air description of the merchandise under country in all past antidumping conditioning units, automatic sprinkler investigation is dispositive. investigations see, e.g., Notice of Final systems, and other related uses. Determination of Sales at Less Than Selection of Respondents Standard pipe may carry liquids at Fair Value: Bulk Aspirin From the elevated temperatures but may not be Section 777A(c)(1) of the Act directs People’s Republic of China, 65 FR 33805 subject to the application of external the Department to calculate individual (May 25, 2000); Notice of Final heat. It may also be used for light load- dumping margins for each known Determination of Sales at Less Than bearing and mechanical applications, exporter and producer of the subject Fair Value: Certain Non-Frozen Apple such as for fence tubing, and for merchandise. However, section Juice Concentrate from the People’s protection of electrical wiring, such as 777A(c)(2) of the Act gives the Republic of China, 65 FR 19873 (April conduit shells, and for structural Department discretion, when faced with 13, 2000) (‘‘Apple Juice’’). A designation applications in general construction. It a large number of exporters/producers, as an NME remains in effect until it is primarily is made to American Society to limit its examination to a reasonable revoked by the Department (see section for Testing and Materials (ASTM) A–53, number of such companies if it is not 771(18)(C) of the Act). No party to this A–135, and A–795 specifications, but practicable to examine all companies. investigation has requested a revocation can also be made to the British Standard Where it is not practicable to examine of the PRC’s NME status. We have, (BS)–1387 specification. all known producers/exporters of therefore, preliminarily determined to Structural pipe is intended for use in subject merchandise, this provision continue to treat the PRC as an NME the construction of bridges and permits the Department to investigate country. When the Department is buildings, and general structural either: (1) A sample of exporters, investigating imports from an NME, applications. It also can be used for producers, or types of products that is section 773(c)(1) of the Act directs us to making steel scaffolding and for piling statistically valid based on the base the normal value (‘‘NV’’) on the applications. It primarily is made to information available to the Department NME producer’s factors of production, ASTM A–500 and A–252 specifications. at the time of selection; or (2) exporters valued in a comparable market economy Hence, specifically included within and producers accounting for the largest that is a significant producer of the scope of these petitions are products volume of the subject merchandise that comparable merchandise. The sources
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of individual factor prices are discussed rate, the Department analyzes each are set by or are subject to the approval under the ‘‘Factor Valuations’’ section, entity exporting the subject of a governmental agency; (2) whether below. merchandise under a test arising out of the respondent has authority to Furthermore, no interested party has the Final Determination of Sales at Less negotiate and sign contracts and other requested that the pipe industry in the Than Fair Value: Sparklers from the agreements; (3) whether the respondent PRC be treated as a market-oriented People’s Republic of China, 56 FR 20588 has autonomy from the government in industry and no information has been (May 6, 1991) (‘‘Sparklers’’), as making decisions regarding the provided that would lead to such a amplified by, Final Determination of selection of management; and (4) determination. Therefore, we have not Sales at Less Than Fair Value: Silicon whether the respondent retains the treated the pipe industry in the PRC as Carbide from the People’s Republic of proceeds of its export sales and makes a market-oriented industry in this China, 59 FR 22585 (May 2,1994) independent decisions regarding investigation. (‘‘Silicon Carbide’’). In accordance with disposition of profits or financing of Separate Rates the separate rates criteria, the losses. See, Silicon Carbide, 59 FR at Department assigns separate rates in 22586–87; see, also Notice of Final In proceedings involving NME NME cases only if respondents can Determination of Sales at Less Than countries, the Department begins with a demonstrate the absence of both de jure Fair Value: Furfuryl Alcohol From the rebuttable presumption that all and de facto governmental control over People’s Republic of China, 60 FR companies within the country are export activities. 22544, 22545 (May 8, 1995). As stated subject to government control and thus in previous cases, there is some 1. Absence of De Jure Control should be assessed a single antidumping evidence that certain enactments of the duty deposit rate. It is the Department’s The Department considers the PRC central government have not been policy to assign all exporters of following de jure criteria in determining implemented uniformly among different merchandise subject to investigation in whether an individual company may be sectors and/or jurisdictions in the PRC. an NME country this single rate, unless granted a separate rate: (1) An absence See, Silicon Carbide, 56 FR at 22587. an exporter can demonstrate that it is of restrictive stipulations associated Therefore, the Department has sufficiently independent so as to be with an individual exporter’s business determined that an analysis of de facto entitled to a separate rate. The three and export licenses; (2) any legislative control is critical in determining companies that the Department selected enactments decentralizing control of whether respondents are, in fact, subject to investigate (i.e., Baosteel companies; and (3) any other formal to a degree of governmental control International, Tianjin Shuang Jie, measures by the government which would preclude the Department WeiFang), and the PRC companies that decentralizing control of companies. See from assigning separate rates. were not selected as mandatory Sparklers. Regarding whether each exporter sets respondents by the Department for this All eight PRC companies seeking its own export prices independent of the investigation, but which have submitted separate rates reported that the subject government and without the approval of separate rates responses (i.e., Zhuhai, merchandise was not subject to any a government authority, each exporter Tai Feng Qiao, Walsall, Pangang government list regarding export reported that it determines its prices for International, and Jinzhou) have provisions or export licensing, and was sales of the subject merchandise. See, provided company-specific separate not subject to export quotas during the Memorandum from Robert Bolling to rates information and have each stated POI. Each company also submitted a Edward Yang, Separate Rates Analysis that they met the standards for the copy of its Certificate of Approval for for the Preliminary Determination, assignment of separate rates. the Establishment of Enterprises with dated December 20, 2001 (‘‘Separate We considered whether each PRC Foreign Investment. We found no Rates Memo’’). Each exporter stated that company is eligible for a separate rate. inconsistencies with the exporters’ it negotiates prices directly with its The Department’s separate rate test to claims of the absence of restrictive customers. Also, each exporter claimed determine whether the exporters are stipulations associated with an that its prices are not subject to review independent from government control individual exporter’s business and or guidance from any governmental does not consider, in general, export licenses. Each exporter also organization. Regarding whether each macroeconomic/border-type controls, submitted copies of the legislation of the exporter has authority to negotiate and e.g., export licenses, quotas, and People’s Republic of China or sign contracts and other agreements, our minimum export prices, particularly if documentation demonstrating the examination of the record indicates that these controls are imposed to prevent statutory authority for establishing the each exporter reported that it has dumping. The test focuses, rather, on de jure absence of government control authority to negotiate and sign contracts controls over the investment, pricing, over the companies. Thus, we believe and other agreements. Also, each and output decision-making process at that the evidence on the record supports exporter claimed that its negotiations the individual firm level. See, e.g., a preliminary finding of de jure absence are not subject to review or guidance Certain Cut-to-Length Carbon Steel Plate of governmental control based on: (1) from any governmental organization. from Ukraine: Final Determination of An absence of restrictive stipulations There is no evidence on the record to Sales at Less than Fair Value, 62 FR associated with the individual suggest that there is any governmental 61754, 61757 (November 19, 1997); exporter’s business and export licenses; involvement in the negotiation of Tapered Roller Bearings and Parts and (2) the applicable legislative contracts. Thereof, Finished and Unfinished, from enactments decentralizing control of the Regarding whether each exporter has the People’s Republic of China: Final companies. autonomy in making decisions Results of Antidumping Duty regarding the selection of management, Administrative Review, 62 FR 61276, 1. Absence of De Facto Control our examination of the record indicates 61279 (November 17, 1997). The Department typically considers that each exporter reported that it has To establish whether a firm is four factors in evaluating whether each autonomy in making decisions sufficiently independent from respondent is subject to de facto regarding the selection of management. government control of its export governmental control of its export Also, each exporter claimed that its activities to be entitled to a separate functions: (1) whether the export prices selection of management is not subject
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to review or guidance from any that do not qualify for a separate rate are the URAA, H.R. Rep. No. 103–316, 870 governmental organization. There is no treated as a single enterprise. As noted (1994) (‘‘SAA’’). The Department finds evidence on the record to suggest that above in ‘‘Case History,’’ all producers/ that exporters (i.e., the single PRC there is any governmental involvement exporters were given the opportunity to entity) who did not respond to our in the selection of management by the respond to the Department’s request for information have failed to exporters. questionnaire regarding volume and cooperate to the best of their ability. Regarding whether each exporter value of U.S. sales. As explained above, Therefore, the Department preliminarily retains the proceeds from its sales and we received timely responses from finds that, in selecting from among the makes independent decisions regarding Baosteel International; Tianjin Shuang facts available, an adverse inference is its disposition of profits or financing of Jie; WeiFang; Tai Feng Qiao; WeiFang, appropriate. Consistent with losses, our examination of the record PanGang Group BeiHai Steel Pipe Corp.; Department practice in cases where a indicates that each exporter reported Northern Steel Pipe Co., Ltd.,; ZheJiang respondent is considered uncooperative, that it retains the proceeds of its export JingZhou HuaLong Petroleum as adverse facts available, we have sales, using profits according to its Corrosion-Resistant Steel Pipe Co., Ltd.; applied 124.50 percent, the highest rate business needs. Also, each exporter Walsall; ZhuHai; XuZhou GuangHuan calculated in the initiation stage of the reported that the allocation of profits is Steel Tube Co., Ltd.; and Guangzhou investigation from information provided determined by its top management. Pearl River Steel Pipe Factory. The in the petition (as adjusted by the There is no evidence on the record to Department did not receive responses Department). See, e.g., Notice of suggest that there is any governmental from the following companies: Anshan Preliminary Determination of Sales at involvement in the decisions regarding Iron & Steel (Group) Co.; Benxi Iron & Less Than Fair Value: Stainless Steel disposition of profits or financing of Steel Co.; Dalian Steel Mill Pipe Plant; Wire Rod From Germany, 63 FR 10847 losses. Zhongshan Huari Steel Pipe Co. Ltd./ (March 5, 1998). Therefore, we determine that the Wah Chit Ent Co. Ltd.; Hengyang Steel Section 776(c) of the Act provides evidence on the record supports a Tube Group Co. Ltd.; Hubei Hanchuan that, when the Department relies on preliminary finding of de facto absence County Steel Tube Factory; Hubei secondary information rather than on of governmental control based on record Province Xianning District Galvanized information obtained in the course of an statements and supporting Steel Plant; Hunan Province Linli investigation as facts available, it must, documentation showing that: (1) Each County Steel Pipe Plant; Jilin Tonghua to the extent practicable, corroborate exporter sets its own export prices Iron & Steel Group—Jilin Tonghua that information from independent independent of the government and Xianxin Enterprise Gourp; Jinxi (ASP) sources reasonably at its disposal. without the approval of a government Steel Pipe Co.,; Shanghai Just-Huahai Secondary information is described in authority; (2) Each exporter retains the Metal Products Co. Ltd.; Shanghai the SAA as ‘‘information derived from proceeds from its sales and makes Laodong Steel Pipe Plant; Shoudu Iron the petition that gave rise to the independent decisions regarding & Steel Co.; Sichuan Chuanton investigation or review, the final disposition of profits or financing of Changcheng Special Steel Group; determination concerning subject losses; (3) Each exporter has the Sichuan Daduhe Iron & Steel Co., Ltd.; merchandise, or any previous review authority to negotiate and sign contracts Sichuan Province Chongxian Hi-FQ under section 751 concerning the and other agreements; and (4) Each ERW Plant; Sichuan Province Jiangyou subject merchandise.’’ See SAA at 870. exporter has autonomy from the The SAA provides that to ‘‘corroborate’’ City Hi-FQ Welding Pipe Plant; Sichuan government regarding the selection of means simply that the Department will Province Shenfang Welding Pipe Plant; management. satisfy itself that the secondary Suyang City Iron & Steel Plant; Wuhan The evidence placed on the record of information to be used has probative Changlong Steel Pipe Plant; and this investigation by Baosteel value. See id. The SAA also states that Yangqun Steel Pipe Plant. The International, Tianjin Shuang Jie, independent sources used to corroborate Department notes that import data from WeiFang, Zhuhai, Tai Feng Qiao, may include, for example, published the United States Customs Service Walsall, Pangang International, and price lists, official import statistics and shows that imports of pipe from the PRC Jinzhou demonstrates an absence of customs data, and information obtained during the POI are higher than the government control, both in law and in from interested parties during the fact, with respect to each of the volume and value of U.S. sales reported particular investigation. Id. As noted in exporter’s exports of the merchandise by exporters that responded to our Tapered Roller Bearings and Parts under investigation, in accordance with request for this information (see Thereof, Finished and Unfinished, from the criteria identified in Sparklers and Respondent Selection Memorandum Japan, and Tapered Roller Bearings, Silicon Carbide. Therefore, for the from James Doyle to Edward Yang, July Four Inches or Less in Outside purposes of this preliminary 17, 2001). Therefore, the Department Diameter, and Components Thereof, determination, we are granting separate, preliminarily determines that there were from Japan; Preliminary Results of company-specific rates to each of the exports of the merchandise under Antidumping Duty Administrative eight responding exporters which investigation from the single PRC entity, Reviews and Partial Termination of shipped pipe to the United States and that the single entity failed to Administrative Reviews, 61 FR 57391, during the POI. For a full discussion of respond to the Department’s request for 57392 (November 6, 1996) (‘‘TRBs’’), to this issue, see the memorandum from information. corroborate secondary information, the Robert Bolling to Edward Yang, As set forth above, section 776(b) of Department will, to the extent Separate Rates Analysis for the the Act provides that, in selecting from practicable, examine the reliability and Preliminary Determination, dated among the facts available, the relevance of the information used. December 20, 2001 (‘‘Separate Rates Department may employ adverse In order to determine the probative Memo’’). inferences if an interested party fails to value of the initiation margin for use as cooperate by not acting to the best of its facts otherwise available for the PRC-Wide Rate ability to comply with requests for purposes of this determination, we As discussed above (see ‘‘Separate information. See also ‘‘Statement of examined evidence supporting the Rates’’), all PRC producers/exporters Administrative Action’’ accompanying initiation calculations. We have now
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corroborated the information in the available. Companies receiving this rate regulations, for the final determination petition, with some small changes. See are identified by name in the in an antidumping investigation, Memorandum from Edward Yang to ‘‘Suspension of Liquidation’’ section of interested parties may submit publicly Joseph Spetrini: Preliminary this notice. See Notice of Preliminary available information to value factors of Determination in the Antidumping Determination of Sales at Less Than production within 40 days after the date Investigation of Circular Welded Carbon Fair Value; Honey from the People’s of publication of this preliminary Quality Steel Pipe (‘‘pipe’’) from the Republic of China, 64 FR 24101 (May determination. People’s Republic of China: Total Facts 11, 2001). Fair Value Comparisons Available Corroboration Memorandum Surrogate Country for All Others Rate, dated December 20, To determine whether sales of pipe to 2001. When the Department is investigating the United States by Baosteel Consequently, we are applying a imports from an NME country, section International, Tianjin Shuang Jie, and single antidumping rate—the PRC-wide 773(c)(1) of the Act directs it to base NV, WeiFang were made at less than fair rate—to all other exporters in the PRC in most circumstances, on the NME value, we compared export price (‘‘EP’’) based on our presumption that those producer’s factors of production, valued to normal value (‘‘NV’’), as described in respondents who failed to demonstrate in a surrogate market economy country the ‘‘Export Price and ‘‘Normal Value’’ entitlement to a separate rate constitute or countries considered to be sections of this notice. In accordance a single enterprise under common appropriate by the Department. In with section 777A(d)(1)(A)(i) of the Act, control by the Chinese government. See, accordance with section 773(c)(4) of the we calculated weighted-average EPs. e.g., Final Determination of Sales at Less Act, the Department, in valuing the Export Price Than Fair Value: Synthetic Indigo from factors of production, shall utilize, to the People’s Republic of China, 65 FR the extent possible, the prices or costs In accordance with section 772(a) of 25706, 25707 (May 3, 2000) (‘‘Synthetic of factors of production in one or more the Act, EP is the price at which the Indigo’’). The PRC-wide rate applies to market economy countries that: (1) Are subject merchandise is first sold (or all entries of the merchandise under at a level of economic development agreed to be sold) before the date of investigation except for entries from comparable to that of the NME country; importation by the producer or exporter Baosteel International, Tianjin Shuang and (2) are significant producers of of the subject merchandise outside of Jie, WeiFang, Zhuhai, Tai Feng Qiao, comparable merchandise. The sources the United States to an unaffiliated Walsall, Pangang International, and of the surrogate factor values are purchaser in the United States or to an Jinzhou. discussed under the NV section below. unaffiliated purchaser for exportation to Because this is a preliminary margin, The Department has determined that the United States, as adjusted under the Department will consider all India, Pakistan, Indonesia, Sri Lanka subsection (c). margins on the record at the time of the and the Philippines are countries We calculated EP for Baosteel final determination for the purpose of comparable to the PRC in terms of International, Tianjin Shuang Jie, and determining the most appropriate final economic development. See WeiFang based on delivered prices to PRC-wide margin. See Notice of Memorandum from Jeffrey May to James unaffiliated purchasers in the United Preliminary Determination of Sales at Doyle: Antidumping Duty Investigation States. We made deductions for Less Than Fair Value: Solid Fertilizer on Antidumping Duty Investigation of movement expenses in accordance with Grade Ammonium Nitrate From the Circular Welded Carbon Quality Steel section 772(c)(2)(A) of the Act. These Russian Federation, 65 FR 1139(January Pipe from the People’s Republic of included foreign inland freight from the 7, 2000). China, dated September 19, 2001. plant to the port of exportation, and Customarily, we select an appropriate brokerage and handling. Margins for Cooperative Exporters Not surrogate country based on the Selected availability and reliability of data from Normal Value The exporters who responded to the countries. For PRC cases, the Section 773(c)(1) of the Act provides Section A of the Department’s primary surrogate country has often that the Department shall determine the antidumping questionnaire but were not been India if it is a significant producer NV using a factors-of-production selected as respondents in this of comparable merchandise. In this case, methodology if: (1) The merchandise is investigation (Zhuhai, Tai Feng Qiao, we have found that India is a significant exported from an NME country; and (2) Walsall, Pangang International, and producer of comparable merchandise. the information does not permit the Jinzhou) have applied for separate rates, See Surrogate Country Selection calculation of NV using home-market and provided information for the Memorandum to The File from Robert prices, third-country prices, or Department to consider for this purpose. Bolling, dated December 20, 2001, constructed value under section 773(a) Although the Department is unable, due (‘‘Surrogate Country Memorandum’’). of the Act. to administrative constraints (see We used India as the primary Factors of production include: (1) Respondent Selection Memo), to surrogate country and, accordingly, we Hours of labor required; (2) quantities of calculate for each of these named parties have calculated NV using Indian prices raw materials employed; (3) amounts of who are exporters a rate based on their to value the PRC producers’ factors of energy and other utilities consumed; own data, these companies cooperated production, when available and and (4) representative capital costs. We in providing all the information that the appropriate. See Surrogate Country calculated NV based on factors of Department requested of them. For Memorandum. We have obtained and production, reported by each Zhuhai, Tai Feng Qiao, Walsall, relied upon publicly available respondent, for materials, energy, labor, Pangang International, and Jinzhou, we information wherever possible. See by-products, and packing. Where have calculated a weighted-average Factor Valuation Memorandum to The applicable, we deducted from each margin based on the rates calculated for File from Case Analysts, dated respondent’s normal value the cost of those exporters that were selected to December 20, 2001 (‘‘Factor Valuation by-products sold during the POI. For a respond in this investigation, excluding Memorandum’’). further discussion, see the Analysis any rates that are zero, de minimis or In accordance with section Memo for each respondent. We valued based entirely on adverse facts 351.301(c)(3)(i) of the Department’s the majority of input factors using
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publicly available published Company A and Company B, of the published in 1997. Because the data information as discussed in the subject merchandise purchased their from this source was not ‘‘Surrogate Country’’ and ‘‘Factor hot-rolled steel sheet and hot-rolled contemporaneous with the POI, we Valuations’’ sections of this notice. steel strip from a market-economy adjusted the rate for inflation. See country (Country Y). Although one of Factor Valuations Factor Valuation Memorandum at page the producers also purchases certain 5. The Department will normally use hot-rolled steel sheet from another We used Indian transport information publicly available information to value market-economy country (i.e., Country to value transport for raw materials. For factors of production. However, in X), we have disregarded these prices domestic inland freight (truck), we used accordance with 19 CFR 351.408(c)(1), because that country’s hot-rolled steel the Department’s regulations also exporters have benefitted from a price quote from an Indian trucking provide that where a producer sources countervailable subsidies. Thus, for this company (from Financial Express), an input from a market economy and preliminary determination, we have adjusted for inflation through the POI. pays for it in market economy currency, used the market-economy prices that For domestic inland freight (rail), we the Department employs the actual price Company A and Company B paid to used rail rates as quoted from Indian paid for the input to calculate the suppliers in Country Y only to value the Railway Conference Association price factors-based NV. Id.; see also, Lasko hot-rolled sheet. We recognize that the lists, adjusted for inflation through the Metal Products v. United States, 43 F. hot-rolled sheet from Country Y was POI. See Factor Valuation 3d 1442, 1445–1446 (Fed. Cir. 1994) purchased by Company A outside of the Memorandum at page 3. (‘‘Lasko’’). Respondents Baosteel POI. However, these prices are the To value factory overhead, selling, International and WeiFang reported that appropriate market-economy prices to general and administrative expenses some of their inputs were sourced from use to value hot-rolled coil in this (‘‘SG&A’’), and profit, we calculated market economies and paid for in a investigation because evidence on the simple-average rates based on financial market economy currency. See Factor record indicates that the majority of information from five Indian pipe Valuation Memorandum, dated Company A’s pipe production during producers. See Factor Valuation December 20, 2001 for a listing of these the POI was based on the hot-rolled Memorandum at page 6. inputs. sheet obtained from Country Y. For For labor, consistent with section In accordance with section 773(c) of further discussion, please see the 351.408(c)(3) of the Department’s the Act, we calculated NV based on Memorandum from Robert Bolling to the factors of production reported by File: Analysis for the Preliminary regulations, we used the PRC regression- respondents for the POI. To calculate Determination of Certain Circular based wage rate at Import NV, the reported per-unit factor Welded Carbon Quality Steel Pipe from Administration’s home page, Import quantities were multiplied by publicly the People’s Republic of China: Baosteel Library, Expected Wages of Selected available Indian surrogate values International, dated December 20, 2001. NME Countries, revised in September (except as noted below). In selecting the WeiFang reported that it purchased a 2001 (see http://ia.ita.doc.gov/wages). surrogate values, we considered the significant portion of its major input of The source of the wage rate data on the quality, specificity, and hot-rolled steel coil from a market Import Administration’s Web site can be contemporaneity of the data. As economy, and the remainder from a found in the Yearbook of Labour appropriate, we adjusted input prices by company within the PRC. In those Statistics 2000, International Labor including freight costs to make them instances where a significant portion of Office (Geneva: 2000), Chapter 5B: delivered prices. Specifically, we added the factor is purchased from a market Wages in Manufacturing. surrogate freight costs to Indian import economy supplier and the remainder Verification surrogate values using the shorter of the from a non-market economy supplier, reported distance from the domestic the Department normally will value the As provided in section 782(i)(1) of the supplier to the factory or the distance factor using the price paid to the market Act, we intend to verify all company from the nearest seaport to the factory. economy supplier. Therefore, pursuant information relied upon in making our This adjustment is in accordance with to section 351.408(c)(1) of our final determination. the Court of Appeals for the Federal regulations, we used a simple average of Circuit’s decision in Sigma Corp. v. the prices paid by WeiFang for the Suspension of Liquidation United States, 117 F. 3d 1401 (Fed. Cir. market-economy purchases of hot-rolled In accordance with section 733(d) of 1997). For a detailed description of all coil. See Factor Valuation the Act, we are directing the U.S. surrogate values used for respondents, Memorandum at page 2. see Factor Valuation Memorandum. To value electricity, we used data Customs Service to suspend liquidation Except as noted below, we valued raw reported as the average Indian domestic of all imports of subject merchandise, material inputs using the weighted- prices within the category ‘‘Electricity except for merchandise produced and average unit import values derived from for Industry,’’ published in the exported by Baosteel International or the Monthly Trade Statistics of Foreign International Energy Agency’s WeiFang, entered, or withdrawn from Trade of India—Volume II—Imports publication, Energy Prices and Taxes, warehouse, for consumption on or after (‘‘Indian Import Statistics’’) for the time Second Quarter, 2000. Because the data the date of publication of this notice in period April 2000–February 2001. As from this source was not the Federal Register. We will instruct appropriate, we adjusted rupee- contemporaneous with the POI, we the U.S. Customs Service to require a denominated values for inflation using adjusted the rate for inflation. See cash deposit or the posting of a bond wholesale price indices published in the Factor Valuation Memorandum at page equal to the weighted-average amount International Monetary Fund’s 5. by which the NV exceeds the EP, as International Financial Statistics and To value water, we used data reported indicated below. These suspension-of- excluded taxes. We valued Baosteel as the average water tariff rate as liquidation instructions will remain in International’s hot-rolled steel sheet and reported in the Asian Development effect until further notice. The hot-rolled steel strip at market-economy Bank’s Second Water Utilities Data weighted-average dumping margins are prices, because the PRC producers, Book: Asian and Pacific Region as follows:
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CERTAIN CIRCULAR WELDED CARBON- of Commerce, Room 1870, within 30 corrosion-resistant carbon steel flat QUALITY STEEL PIPE days of the date of publication of this products from Japan. Interested parties notice. See 19 CFR 351.310(c). Requests are invited to comment on these Weighted- should contain: (1) The party’s name, preliminary results. Producer/manufacturer/exporter average address, and telephone number; (2) the EFFECTIVE DATE: December 31, 2001. margin number of participants; and (3) a list of (percent) FOR FURTHER INFORMATION CONTACT: the issues to be discussed. At the Catherine Bertrand, Import Baosteel International ...... 0 hearing, each party may make an Administration, International Trade Tianjin Shuang Jie ...... 16.65 affirmative presentation only on issues Administration, U.S. Department of WeiFang ...... 0 raised in that party’s case brief, and may Commerce, 14th Street and Constitution Tai Feng Qiao ...... 16.65 make rebuttal presentations only on Avenue, NW., Washington, DC 20230; ZhuHai ...... 16.65 arguments included in that party’s telephone: (202) 482–3207. Pangang International ...... 16.65 rebuttal brief. See 19 CFR 351.310(c). Jinzhou ...... 16.65 If this investigation proceeds The Applicable Statute and Regulations Walsall ...... 16.65 normally, we will make our final PRC-Wide ...... 36.42 Unless otherwise indicated, all determination no later than 75 days citations to the statute are references to after the date of the preliminary International Trade Commission the provisions effective January 1, 1995, determination. Notification This determination is issued and the effective date of the amendments In accordance with section 733(f) of published in accordance with sections made to the Tariff Act of 1930, as the Act, we have notified the ITC of our 733(f) and 777(i)(1) of the Act. amended (‘‘the Act’’), by the Uruguay Round Agreements Act. In addition, determination of sales at LTFV. If our Dated: December 20, 2001. final determination is affirmative, the unless otherwise indicated, all citations Faryar Shirzad, ITC will determine before the later of to the Department’s regulations are to 120 days after the date of this Assistant Secretary for Import the regulations as codified at 19 CFR Administration. preliminary determination or 45 days Part 351 (2001). after our final determination whether [FR Doc. 01–32114 Filed 12–28–01; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 3510–DS–P the domestic industry in the United Background States is materially injured, or threatened with material injury, by On November 21, 2001, Dana DEPARTMENT OF COMMERCE reason of imports, or sales (or the requested that the Department revoke in likelihood of sales) for importation, of International Trade Administration part the antidumping duty order on the subject merchandise. certain corrosion-resistant carbon steel [A–588–824] flat products from Japan. Specifically, Public Comment Dana requested that the Department Case briefs or other written comments Certain Corrosion-Resistant Carbon revoke the order with respect to imports may be submitted to the Assistant Steel Flat Products From Japan: Notice meeting the following specifications: Secretary for Import Administration no of Initiation and Preliminary Results of carbon steel coil or strip, measuring a later than fifty days after the date of Changed Circumstances Review of the minimum of and including 1.10 mm to publication of this notice, and rebuttal Antidumping Order, and Intent To a maximum of and including 4.90 mm briefs, limited to issues raised in case Revoke Order in Part in overall thickness, a minimum of and briefs, no later than fifty-five days after AGENCY: Import Administration, including 76.00 mm to a maximum of the date of publication of this International Trade Administration, and including 250.00 mm in overall preliminary determination. See 19 CFR Department of Commerce. width, with a low carbon steel back 351.309(c)(1)(i); 19 CFR 351.309(d)(1). A ACTION: Notice of initiation and comprised of: carbon under 0.10%, list of authorities used and an executive preliminary results of changed manganese under 0.40%, phosphorous summary of issues should accompany circumstances antidumping duty under 0.04%, sulfur under 0.05%, and any briefs submitted to the Department. review, and intent to revoke order in silicon under 0.05%; clad with This summary should be limited to five part. aluminum alloy comprised of: under pages total, including footnotes. In 2.51% copper, under 15.10% tin, and accordance with section 774 of the Act, SUMMARY: In accordance with 19 CFR remainder aluminum as listed on the we will hold a public hearing, if 351.216(b), Dana Glacier Daido mill specification sheet. Dana is an requested, to afford interested parties an America, LLC (‘‘Dana’’) filed a request importer of the products in question. opportunity to comment on arguments for a changed circumstances review of raised in case or rebuttal briefs. the antidumping order on certain Scope of Review Tentatively, any hearing will be held corrosion-resistant carbon steel flat The products covered by the fifty-seven days after publication of this products from Japan with respect to the antidumping duty order include flat- notice at the U.S. Department of carbon steel flat products described rolled carbon steel products, of Commerce, 14th Street and Constitution below. Domestic producers of the like rectangular shape, either clad, plated, or Avenue, N.W., Washington, D.C. 20230, product have affirmatively expressed no coated with corrosion-resistant metals at a time and location to be determined. interest in continuation of the order such as zinc, aluminum, or zinc-, Parties should confirm by telephone the with respect to these particular carbon aluminum-, nickel- or iron-based alloys, date, time, and location of the hearing steel flat products. In response to Dana’s whether or not corrugated or painted, two days before the scheduled date. request, the Department of Commerce varnished or coated with plastics or Interested parties who wish to request a (‘‘the Department’’) is initiating a other nonmetallic substances in hearing, or to participate if one is changed circumstances review with addition to the metallic coating, in coils requested, must submit a written respect to this request and issuing a (whether or not in successively request to the Assistant Secretary for notice of intent to revoke in part the superimposed layers) and of a width of Import Administration, U.S. Department antidumping duty order on certain 0.5 inch or greater, or in straight lengths
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