57444 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Notices

Extension of Time Limit for Final the following vacant seats on the Dated: September 3, 2010. Results Stellwagen Bank National Marine Daniel J. Basta, Section 751(a)(3)(A) of the Tariff Act Sanctuary Advisory Council: Director, Office of National Marine of 1930, as amended (‘‘the Act’’), Advisory Council: for member and Sanctuaries, National Ocean Service, National Oceanic and Atmospheric requires the Department to issue the alternate seats for Conservation; and Administration. final results in an administrative review alternates seats for Whalewatching, within 120 days after the date on which [FR Doc. 2010–23450 Filed 9–20–10; 8:45 am] Education, At-Large and Mobile Gear BILLING CODE 3510–22–M the preliminary results are published. Commercial Fishing. However, if it is not practicable to Applicants are chosen based upon complete the review within this time DEPARTMENT OF COMMERCE period, section 751(a)(3)(A) of the Act their particular expertise and experience in relation to the seat for which they are allows the Department to extend the International Trade Administration time period to a maximum of 180 days. applying; community and professional We determine that it is not practicable affiliations; philosophy regarding the [C–570–957] to complete the final results of this protection and management of marine resources; and possibly the length of Certain Seamless Carbon and Alloy review within the original time limit Steel Standard, Line, and Pressure residence in the area affected by the because the Department requires Pipe from the People’s Republic of additional time to analyze: (a) Issues sanctuary. Applicants who are chosen China: Final Affirmative Countervailing raised in post-preliminary results as members should expect to serve two- Duty Determination, Final Affirmative supplemental questionnaire responses; to three-year terms, pursuant to the Critical Circumstances Determination (b) issues raised in recent surrogate council’s Charter. value submissions; and (c) the AGENCY: Import Administration, anticipated complexity of arguments in DATES: Applications are due by 11 International Trade Administration, the upcoming case and rebuttal briefs October, 2010 (COB: close of business Department of Commerce. due to surrogate valuation, successor-in- day). SUMMARY: The Department of Commerce (the ‘‘Department’’) has determined that interest, and scope issues with regard to ADDRESSES: Application kits may be countervailable subsidies are being the respondents. Therefore, given the obtained at http://www.stellwagen.noaa. complexity of issues in this case, we are provided to producers and exporters of gov/sac/news.html. Completed extending the time limit for completion seamless carbon and alloy steel applications should be sent to of the final results by 30 days. standard, line, and pressure pipe An extension of 30 days from the [email protected] or faxed to (‘‘seamless pipe’’) from the People’s current deadline of November 12, 2010, 781–545–8036. Republic of China (‘‘PRC’’). For would result in a new deadline of FOR FURTHER INFORMATION CONTACT: information on the estimated December 12, 2010. However, since Nathalie Ward, Stellwagen Bank countervailing duty rates, please see the December 12, 2010, falls on a Sunday, National Marine Sanctuary, 175 Edward ‘‘Suspension of Liquidation’’ section, a non-business day, the final results will Foster Road, Scituate, MA 02066, 781– below. now be due no later than December 13, 545–8026 X206, [email protected]. DATES: Effective Date: September 21, 2010, the next business day. 2010. This notice is published pursuant to SUPPLEMENTARY INFORMATION: The sections 751(a) and 777(i) of the Act. Stellwagen Bank National Marine FOR FURTHER INFORMATION CONTACT: Sanctuary Advisory Council was Shane Subler, Joseph Shuler, and Dated: September 15, 2010. Matthew Jordan, AD/CVD Operations, established in March 2001 to assure Susan H. Kuhbach, Office 1, Import Administration, continued public participation in the Acting Deputy Assistant Secretary for International Trade Administration, Antidumping and Countervailing Duty management of the Sanctuary. The U.S. Department of Commerce, 14th Operations. Advisory Council’s 17 voting members Street and Constitution Avenue, NW., [FR Doc. 2010–23551 Filed 9–20–10; 8:45 am] represent a variety of local user groups, Washington, DC 20230; telephone: (202) BILLING CODE 3510–DS–P as well as the general public, plus 6 482–0189, (202) 482–1293, and (202) local, state and Federal government 482–1540, respectively. agencies. Since its establishment, the DEPARTMENT OF COMMERCE Council has played a vital role in Period of Investigation advising the Sanctuary and NOAA on The period for which we are National Oceanic and Atmospheric critical issues. measuring subsidies, or period of Administration The Stellwagen Bank National Marine investigation, is January 1, 2008, Extension of Application Period for Sanctuary encompasses 842 square through December 31, 2008. Seats for the Stellwagen Bank National miles of ocean, stretching between Cape Case History Marine Sanctuary Advisory Council Ann and Cape Cod. Renowned for its The following events have occurred AGENCY: Office of National Marine scenic beauty and remarkable since our preliminary determination. Sanctuaries (ONMS), National Ocean productivity, the sanctuary supports a See Certain Seamless Carbon and Alloy Service (NOS), National Oceanic and rich diversity of marine life including Steel Standard, Line, and Pressure Pipe Atmospheric Administration (NOAA), 22 species of marine mammals, more from the People’s Republic of China: Department of Commerce (DOC). than 30 species of seabirds, over 60 Preliminary Affirmative Countervailing ACTION: Notice of extension for species of fishes, and hundreds of Duty Determination, Preliminary application period and request for marine invertebrates and plants. Affirmative Critical Circumstances applications. Authority: 16 U.S.C. 1431, et seq. Determination, 75 FR 9163 (March 1, 2010) (‘‘Preliminary Determination’’). SUMMARY: The ONMS is extending the (Federal Domestic Assistance Catalog On February 23, 2010, the Department deadline and seeking applications for Number 11.429 Marine Sanctuary Program) received supplemental questionnaire

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responses from Hengyang Steel Tube On March 1, 2010, Petitioners 2 Xiangtan’’), Wuxi Sifang Steel Tube Co., Group International Trading, Inc. requested alignment of the final Ltd. (‘‘Sifang’’), Hunan Valin Steel Co., (‘‘Hengyang Trading’’), Hengyang Valin countervailing duty determination with Ltd. (‘‘Hunan Valin’’), and Hunan Valin Steel Tube Co., Ltd. (‘‘Hengyang Valin’’), the final determination in the Iron & Steel Group Co., Ltd. (‘‘Valin Hengyang Valin MPM Tube Co., Ltd. companion antidumping duty Group’’) (collectively, ‘‘Hengyang’’)’’ (July (‘‘Hengyang MPM’’), Xigang Seamless investigation of seamless pipe from the 16, 2010); and Memorandum from Scott Steel Tube Co., Ltd. (‘‘Xigang PRC, in accordance with section Holland and Joseph Shuler, Seamless’’), Wuxi Seamless Special Pipe 705(a)(1) of the Tariff Act of 1930, as International Trade Compliance Co., Ltd. (‘‘Special Pipe’’), Jiangsu amended (‘‘the Act’’), and 19 CFR Analysts, Office 1, to Susan H. Kuhbach, Xigang Group Co., Ltd. (‘‘Xigang 351.210(b)(4). On March 15, 2010, the Office Director, AD/CVD Operations, Group’’), and Wuxi Resources Steel Department announced the alignment of Office 1, entitled ‘‘Verification Report: Making Co., Ltd. (‘‘Resources Steel’’), as the final countervailing duty Tianjin Pipe (Group) Corporation well as responses from Hunan Valin determination of seamless pipe from the (‘‘TPCO Group’’), Tianjin Pipe Iron Xiangtan Iron & Steel Co., Ltd. (‘‘Valin PRC with the final determination in the Manufacturing Co., Ltd. (‘‘TPCO Iron’’), Xiangtan’’), Wuxi Sifang Steel Tube Co., companion antidumping duty Tianguan Yuantong Pipe Product Co., Ltd. (‘‘Sifang’’), Hunan Valin Steel Co., investigation of seamless pipe from the Ltd. (‘‘Yuantong’’), Tianjin Pipe Ltd. (‘‘Hunan Valin’’), and Hunan Valin PRC. See Certain Seamless Carbon and International Economic and Trading Iron & Steel Group Co., Ltd. (‘‘Valin Alloy Steel Standard, Line, and Pressure Co., Ltd. (‘‘TPCO International’’), and Group’’), (collectively, ‘‘Hengyang’’). Pipe from the People’s Republic of TPCO Charging Development Co., Ltd. China: Alignment of Final On March 3, 2010, and March 8, 2010, (‘‘Charging’’) (collectively, ‘‘TPCO’’) Countervailing Duty Determination with the Department issued questionnaires (August 9, 2010). Final Antidumping Duty Determination, regarding new subsidy allegations to On August 13, 2010, the Department 75 FR 13255 (March 19, 2010). issued its Hengyang Post-Preliminary Tianjin Pipe (Group) Corp., Tianjin Pipe On April 14, 2010, U.S. Steel filed an Iron Manufacturing Co., Ltd., Tianguan Analysis and TPCO Post-Preliminary uncreditworthy allegation with respect Analysis.3 We received case briefs from Yuantong Pipe Product Co., Ltd., to Xigang Group, Xigang Seamless, Tianjin Pipe International Economic the GOC, TPCO, Hengyang, U.S. Steel, Special Pipe, and Resources Steel. On Toyota Tsusho American Inc. (‘‘TAI’’), and Trading Co., Ltd., TPCO Charging May 12, 2010, the Department Development Co., Ltd. (collectively, and Salem Steel North America, LLC announced it would not investigate the (‘‘Salem Steel’’) on August 26, 2010. We ‘‘TPCO’’), and Hengyang. The uncreditworthiness allegation. See Department received a response from returned the case brief of Hengyang on Memorandum from Joseph Shuler and August 26, 2010, as it appeared to TPCO on March 10, 2010. The Shane Subler, International Trade Department received a response from contain new factual information not on Compliance Analysts, to Susan the record of this case. Hengyang Hengyang on March 23, 2010. The Kuhbach, Director, Office 1, Import Department issued a supplemental resubmitted its case brief on August 30, Administration, entitled 2010. The GOC, TPCO, Hengyang, and questionnaire to Hengyang on March 29, ‘‘Uncreditworthy Allegation,’’ (May 12, 2010, and received a response on April U.S. Steel submitted rebuttal briefs on 2010). September 1, 2010. 13, 2010. The Department issued a letter On May 12, 2010, the Department The GOC, TPCO, and Petitioners on April 5, 2010, to the Government of received a response from U.S. Steel requested a hearing. The same parties China (‘‘GOC’’) asking for an update of regarding the GOC’s April 20, 2010, later withdrew their requests. Therefore, its initial questionnaire response with export restrictions response. respect to coking coal purchase From June 7, 2010, to June 18, 2010, no hearing was held. Hengyang and U.S. information supplied to the GOC by we conducted verification of the Steel requested a meeting. A meeting Hengyang. The Department received a questionnaire responses submitted by with Hengyang was held on September response to this letter on May 4, 2010. Hengyang and TPCO. See Memorandum The Department issued a supplemental from Shane Subler and Matthew Jordan, 3 See Memorandum from Susan H. Kuhbach, Office Director, AD/CVD Operations, Office 1, to questionnaire regarding export International Trade Compliance Ronald K. Lorentzen, Deputy Assistant Secretary for restrictions to the GOC on April 13, Analysts, Office 1, to Susan H. Kuhbach, Import Administration, dated August 13, 2010, 2010 and received a response on April Office Director, AD/CVD Operations, ‘‘Countervailing Duty Investigation of Certain 20, 2010. The Department issued a letter Office 1, entitled ‘‘Verification Report: Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Republic of on April 16, 2010, to the GOC regarding Hengyang Steel Tube Group China: Post-Preliminary Analysis and Calculation CRC China, a company identified by International Trading, Inc. (‘‘Hengyang Memorandum for: Hengyang Steel Tube Group Hengyang as the ultimate owner of Trading’’), Hengyang Valin Steel Tube International Trading, Inc. (‘‘Hengyang Trading’’), subsidiary companies that held Co., Ltd. (‘‘Hengyang Valin’’), Hengyang Hengyang Valin Steel Tube Co., Ltd. (‘‘Hengyang Valin’’), Hengyang Valin MPM Tube Co., Ltd. ownership stakes in the responding Valin MPM Tube Co., Ltd. (‘‘Hengyang (‘‘Hengyang MPM’’), Xigang Seamless Steel Tube Hengyang companies since December MPM’’), Xigang Seamless Steel Tube Co., Co., Ltd. (‘‘Xigang Seamless’’), Wuxi Seamless 11, 2001.1 The Department received a Ltd. (‘‘Xigang Seamless’’), Wuxi Special Pipe Co., Ltd. (‘‘Special Pipe’’), Jiangsu response on April 30, 2010. The Seamless Special Pipe Co., Ltd. Xigang Group Co., Ltd. (‘‘Xigang Group’’), Wuxi Resources Steel Making Co., Ltd. (‘‘Resources Department sent a letter to the GOC on (‘‘Special Pipe’’), Jiangsu Xigang Group Steel’’), Hunan Valin Xiangtan Iron & Steel Co., Ltd. May 5, 2010, regarding the GOC’s April Co., Ltd. (‘‘Xigang Group’’), Wuxi (‘‘Valin Xiangtan’’), Wuxi Sifang Steel Tube Co., Ltd. 30 response on CRC China. The Resources Steel Making Co., Ltd. (‘‘Sifang’’), Hunan Valin Steel Co., Ltd. (‘‘Hunan Department received a response on May (‘‘Resources Steel’’), Hunan Valin Valin’’), Hunan Valin Iron & Steel Group Co., Ltd. (‘‘Valin Group’’) (collectively ‘‘Hengyang’’) (August 12, 2010. The Department issued a Xiangtan Iron & Steel Co., Ltd. (‘‘Valin 13, 2010) (‘‘Hengyang Post-Preliminary Analysis’’); supplemental questionnaire to the GOC and Memorandum from Edward Yang to Ronald on May 18, 2010, and received a 2 Petitioners in this investigation are United Lorentzen, ‘‘Countervailing Duty Investigation of response on May 25, 2010. States Steel Corporation (‘‘U.S. Steel’’); TMK IPSCO; Certain Seamless Carbon and Alloy Steel Standard, V&M Star L.P.; and the United Steel, Paper and Line, and Pressure Pipe from the People’s Republic Forestry, Rubber, Manufacturing, Energy, Allied of China: Post-Preliminary Analysis and Calculation 1 See Volume 5, page 5 of Hengyang’s January 4, Industrial and Service Workers International Union, Memorandum for (TPCO)’’ (August 13, 2010) 2010, questionnaire response. AFL–CIO–CLC (collectively, ‘‘Petitioners’’). (‘‘TPCO Post-Preliminary Analysis’’).

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2, 2010. A meeting with U.S. Steel was 7304.59.8020, 7304.59.8025, Specifically excluded from the scope of held on September 3, 2010. 7304.59.8030, 7304.59.8035, these investigations are: (1) All pipes meeting 7304.59.8040, 7304.59.8045, aerospace, hydraulic, and bearing tubing Scope of the Investigation 7304.59.8050, 7304.59.8055, specifications; (2) all pipes meeting the The scope of this investigation 7304.59.8060, 7304.59.8065, and chemical requirements of ASTM A–335, consists of certain seamless carbon and 7304.59.8070. whether finished or unfinished; and (3) alloy steel (other than stainless steel) Although the HTSUS subheadings are unattached couplings. Also excluded from the scope of these investigations are all pipes and redraw hollows, less than or provided for convenience and customs equal to 16 inches (406.4 mm) in mechanical, boiler, condenser and heat purposes, our written description of the exchange tubing, except when such products outside diameter, regardless of wall- merchandise subject to this scope is conform to the dimensional requirements, thickness, manufacturing process (e.g., dispositive. i.e., outside diameter and wall thickness of hot-finished or cold-drawn), end finish Scope Comments ASTM A–53, ASTM A–106 or API 5L (e.g., plain end, beveled end, upset end, specifications. threaded, or threaded and coupled), or On May 26, 2010, Salem Steel, a U.S. surface finish (e.g., bare, lacquered or importer of cold drawn seamless See Comment 5 of the accompanying coated). Redraw hollows are any mechanical tubing, submitted comments Issues and Decision Memorandum for unfinished carbon or alloy steel (other on the scope of this investigation. Salem additional information. than stainless steel) pipe or ‘‘hollow requested that the Department amend Injury Test profiles’’ suitable for cold finishing the scope of this investigation to operations, such as cold drawing, to exclude CD Mechanical Tubing from the Because the PRC is a ‘‘Subsidies meet the American Society for Testing scope of the investigation. On June 4, Agreement Country’’ within the meaning and Materials (‘‘ASTM’’) or American 2010, Salem Steel submitted proposed of section 701(b) of the Act, section Petroleum Institute (‘‘API’’) scope language to exclude CD 701(a)(2) of the Act applies to this specifications referenced below, or mechanical tubing from the scope of the investigation. Accordingly, the U.S. comparable specifications. Specifically investigation. On June 8, 2010, TAI International Trade Commission (‘‘ITC’’) included within the scope are seamless submitted comments supporting must determine whether imports of the carbon and alloy steel (other than Salem’s proposed scope exclusion subject merchandise from the PRC stainless steel) standard, line, and language. On June 23, 2010, the materially injure, or threaten material pressure pipes produced to the ASTM Department issued a proposed scope injury to a U.S. industry. On November A–53, ASTM A–106, ASTM A–333, modification via letter and requested 2, 2009, the ITC issued its affirmative ASTM A–334, ASTM A–589, ASTM A– comments. See Letter to Interested preliminary determination that there is ‘‘ 795, ASTM A–1024, and the API 5L Parties, Regarding the Antidumping a reasonable indication that an industry specifications, or comparable Duty Investigation of Certain Seamless in the United States is threatened with specifications, and meeting the physical Carbon and Alloy Steel Standard, Line, material injury by reason of allegedly parameters described above, regardless and Pressure Pipe from the People’s subsidized imports of seamless pipe Republic of China,’’ dated June 23, 2010. of application, with the exception of the from the PRC. See Certain Seamless Specifically, the Department’s proposed exclusion discussed below. Carbon and Alloy Steel Standard, Line, Specifically excluded from the scope scope modification language excluded and Pressure Pipe From China, 74 FR of the investigation are: (1) All pipes ‘‘all mechanical, boiler, condenser and 57521 (November 6, 2009) and Certain meeting aerospace, hydraulic, and heat exchange tubing, except when such Seamless Carbon and Alloy Steel bearing tubing specifications; (2) all products conform to the dimensional Standard, Line, and Pressure Pipe from pipes meeting the chemical requirements, i.e., outside diameter and China: Investigation Nos. 701–TA–469 requirements of ASTM A–335, whether wall thickness of ASTM A–53, ASTM and 731–TA–1168 (Preliminary) finished or unfinished; and (3) A–106 or APL 5L specifications.’’ Id. On (November 2009). unattached couplings. Also excluded June 30, 2010, TAI and Salem Steel from the scope of the investigation are submitted comments that both Critical Circumstances all mechanical, boiler, condenser and supported the Department’s proposed heat exchange tubing, except when such scope modifications, as well as language In the Preliminary Determination, the products conform to the dimensional that suggested additional modifications Department concluded that critical requirements, i.e., outside diameter and to the scope of the investigation. On July circumstances did not exist with respect wall thickness of ASTM A–53, ASTM 2, 2010, Petitioners also submitted to imports of seamless pipe from the A–106 or API 5L specifications. comments that both supported the PRC from TPCO, in accordance with The merchandise covered by the Department’s proposed scope 703(e)(1) of the Act, because TPCO’s investigation is currently classified in modification, as well as language that shipments did not reach the threshold the Harmonized Tariff Schedule of the suggested additional modifications to for a finding that there have been United States (‘‘HTSUS’’) under item the scope of the investigation. On massive imports of the subject numbers: 7304.19.1020, 7304.19.1030, August 20, 2010, the Department issued merchandise over a relatively short 7304.19.1045, 7304.19.1060, a proposed scope modification via period.4 However, in the Preliminary 7304.19.5020, 7304.19.5050, memorandum and requested comments. Determination, the Department 7304.31.6050, 7304.39.0016, On August 23, 2010, TAI submitted concluded that critical circumstances do 7304.39.0020, 7304.39.0024, comments supporting the Department’s exist with respect to imports of seamless 7304.39.0028, 7304.39.0032, proposed scope modification language. pipe from the PRC from Hengyang, in 7304.39.0036, 7304.39.0040, After considering parties’ comments, the accordance with 703(e)(1)(B) of the Act. 7304.39.0044, 7304.39.0048, Department has determined to remove For ‘‘all other’’ exporters, we determined 7304.39.0052, 7304.39.0056, ASTM A–335 from the list of covered that critical circumstances do exist with 7304.39.0062, 7304.39.0068, specifications included within the scope respect to imports of seamless pipe from 7304.39.0072, 7304.51.5005, of this investigation, and include the the PRC from ‘‘all other’’ exporters, in 7304.51.5060, 7304.59.6000, following exclusion language in the 7304.59.8010, 7304.59.8015, scope: 4 See 75 FR at 9165.

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accordance with section 703(e)(1)(B) of have continued to apply AFA to provide the requested information, with the Act.5 determine that all of the steel round the result that an adverse inference We have not received any information billets were provided by government pursuant to section 776(b) of the Act is since the Preliminary Determination authorities. warranted in the application of facts that would lead us to change our The Department continues to find that available. We find that these subsidies preliminary finding. Therefore, in the use of ‘‘facts otherwise available’’ is are a direct transfer of funds within the accordance with 705(a)(2) of the Act, we warranted with regard to the GOC’s meaning of section 771(5)(D)(i) of the continue to find that critical provision of electricity to the mandatory Act, providing a benefit in the amount circumstances exist with respect to respondents. Specifically, the of the grant. See 19 CFR 351.504(a). We imports of subject merchandise from the Department requested that the GOC determine, in the absence of a response PRC from Hengyang and ‘‘all other’’ explain how electricity cost increases from the GOC, that the subsidies exporters, but not for imports from are reflected in retail price increases. received under this program are limited TPCO. The GOC responded that it was to TPCO. Hence, we find that these gathering this information, but it did not Analysis of Comments Received subsidies are specific under section request an extension from the 771(5A)(D)(i) of the Act. All issues raised in the case and Department for submitting this rebuttal briefs by parties to this information after the original In a departure from the Preliminary investigation are addressed in the questionnaire deadline date. Because Determination, the Department now Memorandum from Susan H. Kuhbach, the GOC did not provide the requested finds that the use of ‘‘facts otherwise Acting Deputy Assistant Secretary for information, we determine that available’’ pursuant to section 776(a) of Antidumping and Countervailing Duty necessary information is not on the the Act is warranted with regard to the Operations, to Paul Piquado, Acting record. Accordingly, the use of facts provision of coking coal for less than Deputy Assistant Secretary for Import otherwise available under section 776(a) adequate remuneration (‘‘LTAR’’). In the Administration, entitled ‘‘Issues and of the Act is appropriate. By not Preliminary Determination, based on the Decision Memorandum for the Final responding to our questionnaire, the information on the record at that time, Determination in the Countervailing GOC has failed to act to the best of its the Department found that none of the Duty Investigation of Certain Seamless ability. Accordingly, we find that an mandatory respondents received Carbon and Alloy Steel Standard, Line, adverse inference is warranted, benefits under the program.6 At that and Pressure Pipe (‘‘Seamless Pipe’’) pursuant to section 776(b) of the Act. time, Hengyang was scheduled to from the People’s Republic of China’’ Specifically, we find that the GOC’s provide a supplemental questionnaire (September 10, 2010) (hereafter provision of electricity constitutes a response on behalf of certain cross- ‘‘ ’’ Decision Memorandum ), which is financial contribution within the owned affiliates. Accordingly, the hereby adopted by this notice. Attached meaning of section 771(5)(D) of the Act Department stated, ‘‘We intend to to this notice as an Appendix is a list and is specific within the meaning of address {Hengyang’s supplemental} of the issues that parties have raised and section 771(5A) of the Act. We have also response in a post-preliminary to which we have responded in the relied on an adverse inference in determination.’’ 7 In Hengyang’s Decision Memorandum. Parties can find selecting a benchmark for determining February 23, 2010 supplemental a complete discussion of all issues the existence and amount of the benefit. questionnaire response, Hengyang raised in this investigation and the The Department continues to find that indicated that a cross-owned affiliate corresponding recommendations in this the use of ‘‘facts otherwise available’’ is used coking coal. Accordingly, public memorandum, which is on file in warranted with regard to TPCO’s subsequent to the Preliminary the Central Records Unit, Room 1117 in reported receipt of countervailable Determination, the Department the main building of the Commerce grants. The Department requested that investigated the allegation concerning Department. In addition, a complete the GOC provide information about coking coal provided for LTAR. In the version of the Decision Memorandum these grants in the initial questionnaire context of its investigation, the can be accessed directly on the Internet and a supplemental questionnaire. The at http://ia.ita.doc.gov/frn/. The paper GOC did not provide the requested Department requested information from copy and electronic version of the information, asserting that it needed the GOC about the coking coal suppliers Decision Memorandum are identical in more time to gather the data. Although and the coking coal industry within the content. the GOC responded that it was gathering PRC. The GOC did not provide the this information, it did not request an requested information. Because the GOC Use of Adverse Facts Available extension from the Department for did not provide the requested For purposes of this final submitting this information after the information concerning the coking coal determination, we have continued to supplemental questionnaire deadline industry within the PRC, we determine rely on facts available and to draw an date. Because the GOC did not provide that necessary information is not on the adverse inference, in accordance with the requested information concerning record. Accordingly, the use of facts sections 776(a) and (b) of the Act, to these grants, we determine that otherwise available pursuant to section determine that the GOC’s dominance of necessary information is not on the 776(a) of the Act is appropriate. Also, the market in the PRC for steel round record and that the GOC did not provide we determine that the GOC has failed to billets supports the reasonable requested information by the cooperate by not acting to the best of its conclusion that this market is submission deadline. Accordingly, the ability to comply with our request for significantly distorted. Consequently, use of facts otherwise available pursuant information, with the result that an we are not relying on domestic prices in to section 776(a) of the Act is adverse inference pursuant to section the PRC in determining whether a appropriate. Also, we determine that the 776(b) of the Act is warranted in the benefit was conferred through the GOC’s GOC has failed to cooperate by not application of facts available. provision of steel round billets to the acting to the best of its ability to comply Consequently, we have applied AFA to mandatory respondents. Similarly, we with our request for information as it did not respond by the deadline dates, 6 See 75 FR at 9180. 5 See 75 FR at 9165. nor did it explain why it is unable to 7 See 75 FR at 9170.

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determine that all of the coking coal was any parts of the original questionnaire benefitted from all countervailable provided by government authorities. with respect to this program.11 Because programs that at least one respondent in In a departure from the Preliminary the GOC did not provide the requested this investigation has used because we Determination, the Department now information concerning these do not have information on the record finds that the use of ‘‘facts otherwise exemptions, we determine that concerning which programs CRC China available’’ is warranted with regard to necessary information is not on the and its subsidiaries actually used, but export restrictions on coke. In the record. Accordingly, the use of facts do have information that exporters or Preliminary Determination, the otherwise available pursuant to section producers of seamless pipe and their Department found the program to be not 776(a) of the Act is appropriate. Also, cross-owned companies did use and countervailable.8 After the Preliminary we determine that the GOC has failed to benefit from these programs. For each of Determination, we requested additional cooperate by not acting to the best of its information on this program from the these programs, we are applying the ability to comply with our request for highest rate that we calculated for that GOC. The GOC failed to answer certain information. We determine that these program for the responding Hengyang questions from the supplemental deed tax exemptions confer a companies as a whole or for TPCO.15 questionnaires, which we described in countervailable benefit on Hengyang. the TPCO Post-Preliminary Analysis The deed tax exemptions are a financial Specifically, we will apply the highest and Hengyang Post-Preliminary contribution in the form of revenue calculated rate for the identical program Analysis.9 Because the GOC did not forgone.12 In the absence of a response in this investigation if either Hengyang provide the requested information from the GOC, we find, as an adverse or TPCO used the program. concerning the coke industry within the inference pursuant to section 776(b) of For a full discussion of these issues, PRC, we determine that necessary the Act, that the subsidies received please see the Decision Memorandum, information is not on the record. under this program are limited to at ‘‘Use of Facts Otherwise Available Accordingly, the use of facts otherwise Hengyang and, therefore, are specific and Adverse Facts Available.’’ available pursuant to section 776(a) of under section 771(5A)(D)(i) of the Act. the Act is appropriate. Also, we The amount of the countervailable Suspension of Liquidation determine that the GOC has failed to benefit is the amount of deed tax In accordance with section cooperate by not acting to the best of its Hengyang would have paid in the 703(d)(1)(A)(i) of the Act, we have ability to comply with our request for absence of this program.13 calculated a rate for each individually information, with the result that an The Department finds that the use of investigated producer/exporter of the adverse inference pursuant to section ‘‘facts otherwise available’’ is warranted 776(b) of the Act is warranted in the with regard to CRC China and its subject merchandise. Section application of facts available. In subsidiaries. In the Hengyang Post- 705(c)(5)(A)(i) of the Act states that for drawing an adverse inference, we Preliminary Analysis, we found that companies not investigated, we will determine that the GOC’s export Hengyang and the GOC failed to provide determine an ‘‘all others’’ rate equal to restraints on coke constitute a financial complete information on CRC China or the weighted average countervailable contribution (i.e., provision of goods) to its subsidiaries.14 Thus, we had no subsidy rates established for exporters PRC producers of downstream goods information to determine the ownership and producers individually that incorporate coke within the structure of CRC China or its investigated, excluding any zero and de meaning of sections 771(5)(B) and (D)(ii) subsidiaries, or to determine whether minimis countervailable subsidy rates, of the Act. Moreover, as an adverse CRC China or its subsidiaries received and any rates determined entirely under inference, we find that GOC’s export countervailable subsidies. We also section 776 of the Act. restraints on coke are specific to could not determine whether CRC China producers of seamless pipe in the PRC Notwithstanding the language of and/or its subsidiaries have other cross- within the meaning of section 771(5A) section 705(c)(1)(B)(i)(I) of the Act, we owned affiliates (e.g., producers of of the Act. Accordingly, we determine have not calculated the ‘‘all others’’ rate seamless pipe) that received that, through these export restraints, the by weight averaging the rates of TPCO countervailable subsidies. Because the GOC is providing inputs to downstream and Hengyang, because doing so risks GOC did not provide the requested producers of seamless pipe. disclosure of proprietary information. information concerning CRC China and The Department also now finds that Therefore, we have calculated a simple its subsidiaries, we determine that the use of ‘‘facts otherwise available’’ is average of the two responding firms’ warranted with regard to deed tax necessary information is not on the record. Accordingly, the use of facts rates. Since both TPCO and Hengyang exemption. In the Hengyang Post- received countervailable export Preliminary Analysis, we determined otherwise available pursuant to section 776(a) of the Act is appropriate. Also, subsidies and the ‘‘all others’’ rate is a that Hengyang Valin and Valin Xiangtan simple average based on the each received benefits under this we determine that the GOC has failed to individually investigated exporters and program.10 We asked the GOC to update cooperate by not acting to the best of its producers, the ‘‘all others’’ rate includes its response to the initial questionnaire ability to comply with our request for regarding the benefits received by information. Consequently, an adverse export subsidies. Hengyang Valin and Valin Xiangtan. inference pursuant to section 776(b) of We determine the total net However, the GOC stated that it has no the Act is warranted in the application countervailable subsidy rates to be: record of either company receiving of facts available. For purposes of this benefits from this program and, final determination, we determine that therefore, did not provide a response to CRC China together with its subsidiaries

15 8 See 75 FR at 9179. 11 See Response of the Government of China to Tianjin Pipe (Group) Corporation, Tianjin Pipe 9 See TPCO Post-Preliminary Analysis at pages 3– the Department’s Fourth Supplemental Iron Manufacturing Co., Ltd., Tianguan Yuantong 9; see also Hengyang Post-Preliminary Analysis at Questionnaire (May 5, 2010) (‘‘G4SR’’) at 1. Pipe Product Co., Ltd., Tianjin Pipe International pages 25–30. 12 See section 771(5)(D)(ii) of the Act. Economic and Trading Co., Ltd., and TPCO 10 See Hengyang Post-Preliminary Analysis at 13 See 19 CFR 351.509(a)(1). Charging Development Co., Ltd. (collectively, pages 22–23. 14 See Hengyang Post-Preliminary Analysis at 8. ‘‘TPCO’’).

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Net subsidy consent of the Assistant Secretary for Comment 15 Whether to Use an In- Exporter/Manufacturer rate Import Administration. country Benchmark Comment 16 Whether There Are Flaws Return or Destruction of Proprietary Tianjin Pipe (Group) Corp., in the Thai Benchmark Information Tianjin Pipe Iron Manufac- Comment 17 Whether Land Is Specific turing Co., Ltd., Tianguan In the event that the ITC issues a final Yuantong Pipe Product Comment 18 Provision of Land-use Co., Ltd., Tianjin Pipe negative injury determination, this Rights to Hengyang notice will serve as the only reminder International Economic Provision of Coking Coal for LTAR and Trading Co., Ltd., and to parties subject to an administrative TPCO Charging Develop- protective order (‘‘APO’’) of their Comment 19 Countervailability of ment Co., Ltd...... 13.66 responsibility concerning the Program Hengyang Steel Tube Group destruction of proprietary information Comment 20 Freight Benchmark for Int’l Trading, Inc., disclosed under APO in accordance Coking Coal Purchases Hengyang Valin Steel with 19 CFR 351.305(a)(3). Timely Hengyang-specific Issues Tube Co., Ltd., Hengyang written notification of the return/ Valin MPM Tube Co., Ltd., destruction of APO materials or Comment 21 Cross-ownership Xigang Seamless Steel Between Hengyang Companies Tube Co., Ltd., Wuxi conversion to judicial protective order is Seamless Special Pipe hereby requested. Failure to comply Comment 22 Application of AFA to Co., Ltd., Wuxi Resources with the regulations and terms of an CRC China Steel Making Co., Ltd., APO is a violation which is subject to Comment 23 Finding that the GOC Did Jiangsu Xigang Group Co., sanction. Not Cooperate With Respect to CRC Ltd., Hunan Valin Xiangtan This determination is published China Iron & Steel Co., Ltd., pursuant to sections 705(d) and 777(i) of Comment 24 Hengyang Attribution Wuxi Sifang Steel Tube the Act. Comment 25 Hengyang Electricity Co., Ltd., Hunan Valin Purchases Dated: September 10, 2010. Steel Co., Ltd., Hunan Comment 26 Currency Denomination Valin Iron & Steel Group Paul Piquado, for Hengyang Loans Co., Ltd...... 53.65 Acting Deputy Assistant Secretary for Import All Others ...... 33.66 Comment 27 Clerical Error Allegations Administration. for Debt Restructuring Also, in accordance with section Appendix—List of Comments and Comment 28 Uncreditworthiness 703(d) of the Act, we instructed U.S. Issues in the Decision Memorandum Allegation Customs and Border Protection (‘‘CBP’’) General Issues TPCO-specific Issues to discontinue the suspension of Comment 29 TPCO Attribution of liquidation for countervailing duty Comment 1 Application of CVD Law Subsidies purposes for subject merchandise to the PRC Comment 2 Whether Application of Comment 30 TPCO Group Accelerated entered on or after June 29, 2010, but to the CVD Law to NMEs Violates the Depreciation continue the suspension of liquidation Administrative Protection Act of entries made from March 1, 2010, Other Issues Comment 3 Double Counting/ through June 28, 2010. Overlapping Remedies Comment 31 Export Restraints on We will issue a countervailing duty Comment 4 Cutoff Date for Identifying Steel Rounds order if the ITC issues a final affirmative Subsidies Comment 32 Export Restraints on injury determination, and will instruct Comment 5 Scope of the Investigation Coke CBP to suspend liquidation of entries of [FR Doc. 2010–23547 Filed 9–20–10; 8:45 am] Provision of Steel Rounds for LTAR seamless pipe from the PRC and to BILLING CODE 3510–DS–P require a cash deposit of estimated Comment 6 Application of AFA in countervailing duties for such entries of Determining the Benchmark for Steel merchandise in the amounts indicated Rounds DEPARTMENT OF COMMERCE above. If the ITC determines that Comment 7 Government Ownership material injury, or threat of material Should Not be the Dispositive Factor International Trade Administration injury, does not exist, this proceeding in Determining Whether a Financial [A–570–956] will be terminated and all estimated Contribution Has Occurred deposits or securities posted as a result Comment 8 Trading Company Certain Seamless Carbon and Alloy of the suspension of liquidation will be Suppliers Steel Standard, Line, and Pressure refunded or canceled. Comment 9 Benchmark Issues Pipe from the People’s Republic of ITC Notification China: Final Determination of Sales at Government Policy Lending Less Than Fair Value and Critical In accordance with section 705(d) of Comment 10 Whether Chinese Circumstances, in Part the Act, we will notify the ITC of our Commercial Banks Are ‘‘Authorities’’ determination. In addition, we are Comment 11 Whether the Policy Loan AGENCY: Import Administration, making available to the ITC all non- Program Is De Jure Specific International Trade Administration, privileged and non-proprietary Comment 12 Whether the Department Department of Commerce. information related to this investigation. Should Use an In-country Benchmark DATES: Effective Date: September 21, We will allow the ITC access to all Comment 13 External Benchmark 2010. privileged and business proprietary Methodology SUMMARY: The Department of Commerce information in our files, provided the (‘‘the Department’’) has determined that ITC confirms that it will not disclose Whether There is a Provision of Land for certain seamless carbon and alloy steel such information, either publicly or LTAR standard, line, and pressure pipe from under an APO, without the written Comment 14 Financial Contribution the People’s Republic of China (‘‘PRC’’)

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