Certain Seamless Carbon and Alloy Co., Ltd

69052 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Notices

effective on the date of publication of publication of the ITC’s notice of final Commerce, 14th Street and Constitution the ITC’s notice of final determination determination. The Department will Avenue, NW., Washington, DC 20230; in the Federal Register, and to require also instruct CBP to refund any cash telephone: (202) 482–4162 or (202) 482– a cash deposit for each entry of subject deposits made and release any bonds 0182, respectively. merchandise in an amount equal to the with respect to entries of seamless pipe SUPPLEMENTARY INFORMATION: net countervailable subsidy rates listed entered, or withdrawn from warehouse, below. See section 706(a)(3) of the Act. for consumption on or after December 1, Background The all others rate applies to all 2009 (i.e., 90 days prior to the date of In accordance with sections 735(d) producers and exporters of subject publication of the Preliminary and 777(i)(1) of the Tariff Act of 1930, merchandise not specifically listed. Determination), but before the date of as amended (‘‘Act’’), on September 21, publication of the ITC’s final 2010, the Department published the determination in the Federal Register. final determination of sales at less than This notice constitutes the fair value in the antidumping duty Exporter/Manufacturer Net subsidy countervailing duty order with respect investigation of seamless pipe from the rate to seamless pipe from the PRC, pursuant PRC. See Certain Seamless Carbon and to section 706(a) of the Act. Interested Alloy Steel Standard, Line, and Pressure Tianjin Pipe (Group) Corp., Pipe from the People’s Republic of Tianjin Pipe Iron Manufac- parties may contact the Department’s turing Co., Ltd., Tianguan Central Records Unit, Room 7046 of the China: Final Determination of Sales at Yuantong Pipe Product main Commerce Building, for copies of Less Than Fair Value and Critical Co., Ltd., Tianjin Pipe an updated list of countervailing duty Circumstances, in Part, 75 FR 57449 International Economic orders currently in effect. (September 21, 2010) (‘‘Final and Trading Co., Ltd., and This order is issued and published in Determination’’). On November 4, 2010, TPCO Charging Develop- accordance with section 706(a) of the the ITC notified the Department of its ment Co., Ltd...... 13.66 Act, 19 CFR 351.224(e) and 19 CFR affirmative determination of threat of Hengyang Steel Tube Group 351.211(b). material injury to a U.S. industry, and Int’l Trading, Inc., its negative determination of critical Dated: November 5, 2010 Hengyang Valin Steel circumstances. See Certain Seamless Tube Co., Ltd., Hengyang Edward C. Yang, Valin MPM Tube Co., Ltd., Carbon and Alloy Steel Standard, Line, Acting Deputy Assistant Secretary for Import and Pressure Pipe from China, USITC Xigang Seamless Steel Administration. Tube Co., Ltd., Wuxi Investigation Nos. 701–TA–469 and Seamless Special Pipe [FR Doc. 2010–28402 Filed 11–9–10; 8:45 am] 731–TA–1168 (Final), USITC Co., Ltd., Wuxi Resources BILLING CODE 3510–DS–P Publication 4190, (November 2010). Steel Making Co., Ltd., Jiangsu Xigang Group Co., Scope of the Order Ltd., Hunan Valin Xiangtan DEPARTMENT OF COMMERCE The merchandise covered by this Iron & Steel Co., Ltd., order is certain seamless carbon and Wuxi Sifang Steel Tube International Trade Administration alloy steel (other than stainless steel) Co., Ltd., Hunan Valin [A–570–956] pipes and redraw hollows, less than or Steel Co., Ltd., Hunan equal to 16 inches (406.4 mm) in Valin Iron & Steel Group Certain Seamless Carbon and Alloy Co., Ltd...... 56.67 outside diameter, regardless of wall- All Others ...... 35.17 Steel Standard, Line, and Pressure thickness, manufacturing process (e.g., Pipe From the People’s Republic of hot-finished or cold-drawn), end finish China: Amended Final Determination Termination of the Suspension of (e.g., plain end, beveled end, upset end, of Sales at Less Than Fair Value and Liquidation threaded, or threaded and coupled), or Antidumping Duty Order surface finish (e.g., bare, lacquered or As a result of our affirmative critical coated). Redraw hollows are any AGENCY: circumstances finding on Hengyang and Import Administration, unfinished carbon or alloy steel (other all companies other than TPCO, CBP International Trade Administration, than stainless steel) pipe or ‘‘hollow suspended liquidation and collected Department of Commerce profiles’’ suitable for cold finishing cash deposits or bonds on all entries by DATES: Effective Date: November 10, operations, such as cold drawing, to these companies made 90 days prior to 2010. meet the American Society for Testing our affirmative Preliminary SUMMARY: Based on affirmative final and Materials (‘‘ASTM’’) or American Determination. Entries for TPCO were determinations by the Department of Petroleum Institute (‘‘API’’) suspended and cash deposits or bonds Commerce (the ‘‘Department’’) and the specifications referenced below, or were collected as of March 1, 2010 (i.e., International Trade Commission (‘‘ITC’’), comparable specifications. Specifically the date of publication of our the Department is issuing an included within the scope are seamless Preliminary Determination). antidumping duty order on certain carbon and alloy steel (other than The Department will instruct CBP to seamless carbon and alloy steel stainless steel) standard, line, and terminate the suspension of liquidation standard, line, and pressure pipe pressure pipes produced to the ASTM for entries of seamless pipe from the (‘‘seamless pipe’’) from the People’s A–53, ASTM A–106, ASTM A–333, PRC, entered or withdrawn from Republic of China (‘‘PRC’’). In addition, ASTM A–334, ASTM A–589, ASTM A– warehouse, for consumption prior to the the Department is amending its final 795, ASTM A–1024, and the API 5L determination to correct certain specifications, or comparable of seamless pipe from the PRC made on or after ministerial errors. specifications, and meeting the physical June 29, 2010, and prior to the date of publication FOR FURTHER INFORMATION CONTACT: parameters described above, regardless of the ITC’s final determination in the Federal Magd Zalok or Brandon Farlander, AD/ of application, with the exception of the Register are not liable for the assessment of countervailing duties because of the Department’s CVD Operations, Office 4, Import exclusion discussed below. discontinuation, effective June 29, 2010, of the Administration, International Trade Specifically excluded from the scope suspension of liquidation. Administration, U.S. Department of of the order are: (1) All pipes meeting

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aerospace, hydraulic, and bearing tubing 21, 2010, United States Steel • For one of the three financial specifications; (2) all pipes meeting the Corporation (‘‘U.S. Steel’’), a petitioner statements used to calculate the chemical requirements of ASTM A–335, in the investigation, and Tianjin Pipe financial ratios for TPCO and Hengyang, whether finished or unfinished; and (3) (Group) Corporation and Tianjin Pipe we unintentionally: (1) Classified an unattached couplings. Also excluded International Economic and Trading amount for dividend income as selling, from the scope of the order are all Corporation (collectively ‘‘TPCO’’), a general and administrative expenses mechanical, boiler, condenser and heat respondent in the investigation, (‘‘SG&A’’) and interest, instead of exchange tubing, except when such submitted timely ministerial error excluding the dividend income from our products conform to the dimensional allegations and requested, pursuant to calculation; and (2) excluded a financial requirements, i.e., outside diameter and 19 CFR 351.224, that the Department expense amount, rather than including wall thickness of ASTM A–53, ASTM correct the alleged ministerial errors in it in the SG&A and interest expense A–106 or API 5L specifications. the dumping margin calculations. On category. The merchandise covered by the order September 27, 2010, U.S. Steel, TPCO For a detailed discussion of the is currently classified in the and Hengyang Steel Tube Group Int’l Harmonized Tariff Schedule of the Trading Inc., Hengyang Valin Steel Tube ministerial errors alleged by U.S. Steel United States (‘‘HTSUS’’) under item Co., Ltd. and Hengyang Valin MPM and the respondent, as well as the numbers: 7304.19.1020, 7304.19.1030, Tube Co., Ltd. (collectively Department’s analysis, see the 7304.19.1045, 7304.19.1060, ‘‘Hengyang’’), the other mandatory Memorandum to Susan H. Kuhbach, 7304.19.5020, 7304.19.5050, respondent in this investigation, filed Acting Deputy Assistant Secretary for 7304.31.6050, 7304.39.0016, rebuttal comments. No other interested Antidumping and Countervailing Duty 7304.39.0020, 7304.39.0024, party submitted ministerial error Operations, ‘‘Ministerial Error 7304.39.0028, 7304.39.0032, allegations or rebuttal comments. Memorandum, Amended Final 7304.39.0036, 7304.39.0040, After analyzing all interested party Determination of Sales at Less Than Fair 7304.39.0044, 7304.39.0048, comments and rebuttals, we have Value: Certain Seamless Carbon and 7304.39.0052, 7304.39.0056, determined, in accordance with section Alloy Steel Standard, Line, and Pressure 7304.39.0062, 7304.39.0068, 735(e) of the Act and 19 CFR 351.224(e), Pipe from the People’s Republic of 7304.39.0072, 7304.51.5005, that we made the following ministerial China,’’ dated October 15, 2010 7304.51.5060, 7304.59.6000, errors in our calculations for the Final (‘‘Ministerial Error Memorandum’’). 7304.59.8010, 7304.59.8015, Determination with respect to TPCO Also, in the Final Determination we 7304.59.8020, 7304.59.8025, and Hengyang: determined that a number of companies 7304.59.8030, 7304.59.8035, • in addition to the mandatory 7304.59.8040, 7304.59.8045, For TPCO, we unintentionally respondents qualified for a separate rate. 7304.59.8050, 7304.59.8055, adjusted the denominator used to 7304.59.8060, 7304.59.8065, and calculate the ratio for market-economy See Final Determination at 57452. Since 7304.59.8070. purchases (‘‘MEP’’) of steel scrap, the cash deposit rate for the separate Although the HTSUS subheadings are thereby resulting in an incorrect ratio rate respondents is based on the average provided for convenience and customs for the MEP of steel scrap. of the margins for the mandatory purposes, our written description of the • For TPCO, we unintentionally respondents, and the margins for TPCO merchandise subject to this scope is calculated the percentage reduction to and Hengyang changed as a result of the dispositive. TPCO’s reported by-product offset by aforementioned ministerial errors, in the dividing the quantity of further amended final determination, we have Amendment to the Final Determination processed steel scrap by the quantity of revised the calculation of the dumping On September 21, 2010, the steel scrap reintroduced into margin for the separate rate respondents Department published its affirmative production, rather than the quantity of as well. See Ministerial Error final determination in this proceeding. steel scrap generated by TPCO during Memorandum. The amended weighted See Final Determination. On September the period of investigation. average dumping margins are as follows:

Weighted- Exporter Producer Average margin percent

Tianjin Pipe International Economic and Trading Corporation Tianjin Pipe (Group) Corporation ...... 50.01 Hengyang Steel Tube Group Int’l Trading Inc ...... Hengyang Valin Steel Tube Ltd., and Hengyang Valin MPM 82.24 Tube Co., Ltd. Xigang Seamless Steel Tube Co., Ltd ...... Xigang Seamless Steel Tube Co., Ltd., and Wuxi Seamless 66.13 Special Pipe Co., Ltd. Jiangyin City Changjiang Steel Pipe Co., Ltd ...... Jiangyin City Changjiang Steel Pipe Co., Ltd ...... 66.13 Pangang Group Chengdu Iron & Steel Co., Ltd ...... Pangang Group Chengdu Iron & Steel Co., Ltd ...... 66.13 Yangzhou Lontrin Steel Tube Co., Ltd ...... Yangzhou Lontrin Steel Tube Co., Ltd ...... 66.13 Yangzhou Chengde Steel Tube Co., Ltd ...... Yangzhou Chengde Steel Tube Co., Ltd ...... 66.13 PRC-wide Entity ...... 98.74

Antidumping Duty Order industry is threatened with material publication of the ITC’s notice of final On November 4, 2010, in accordance injury by reason of imports of seamless determination if that determination is with section 735(d) of the Act, the ITC pipe from the PRC. According to section based on the threat of material injury notified the Department of its final 736(b)(2) of the Act, duties shall be and is not accompanied by a finding determination in this investigation. In assessed on subject merchandise that injury would have resulted without its final determination in this entered, or withdrawn from warehouse, the imposition of suspension of investigation, the ITC found that a U.S. for consumption on or after the date of liquidation of entries since the

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Department’s preliminary average amount by which the normal antidumping and countervailing duty determination. In addition, section value exceeds the U.S. price for TPCO orders and findings with September 736(b)(2) of the Act requires U.S. and Hengyang, as indicated in the table anniversary dates. The document Customs and Border Protection (‘‘CBP’’) above, minus the amount determined to contained incorrect information in both to refund any cash deposits or bonds of constitute an export subsidy for each the Antidumping and Countervailing estimated antidumping duties posted company. For the separate-rate Duty Proceedings table. since the preliminary antidumping companies, we will instruct CBP to DATES: Effective Date: November 10, determination if the ITC’s final adjust the dumping margin by the 2010. determination is threat-based. amount of export subsidies included in Therefore, in accordance with section the All Others rate from the CVD Final. FOR FURTHER INFORMATION CONTACT: 736(b)(2) of the Act and our practice, we Accordingly, as of the date of Sheila E. Forbes, Office of AD/CVD will instruct CBP to terminate the publication of the ITC’s final affirmative Operations, Customs Unit, Import suspension of liquidation and refund injury determination, CBP will require, Administration, International Trade any cash deposits made and release any at the same time as importers would Administration, U.S. Department of bonds posted for estimated antidumping normally deposit estimated duties on Commerce, 14th Street and Constitution duties for entries of seamless pipe from this subject merchandise, a cash deposit Avenue, NW., Washington, DC 20230, the PRC entered, or withdrawn from equal to the estimated weighted-average telephone: (202) 482–4697. warehouse, for consumption on or after antidumping duty margins discussed Backgound April 28, 2010, the date on which the above, minus the amount determined to Department published its Preliminary constitute an export subsidy. See In the Federal Register of October 28, Determination, but before the date of section 735(c)(1) of the Act. The ‘‘PRC- 2010, 75 FR 66349, under the tables publication of the ITC’s final wide’’ rate applies to all exporters of entitled ‘‘Antidumping Duty determination in the Federal Register. subject merchandise not specifically Proceedings and Countervailing Duty For exports from Hengyang and the listed. Proceedings,’’ we note that the PRC-wide entity, we will instruct CBP Additionally, in accordance with Department inadvertently listed the to lift suspension, release any bond or section 736 of the Act, the Department exporter names: Asia Pacific CIS (Wuxi) other security, and refund any cash will also direct CBP to assess Co., Ltd., Asia Pacific CIS (Thailand) deposit made to secure the payment of antidumping duties on all unliquidated Co., Ltd., Hengtong Hardware antidumping duties with respect to entries of seamless pipe from the PRC Manufacturing (Huizhou) Co., Ltd., entries of the merchandise entered, or entered, or withdrawn from warehouse, Taiwan Rail Company, and King Shan withdrawn from warehouse, for for consumption on or after the date on Wire Co., Ltd. under case numbers A– consumption on or after January 28, which the ITC published its notice of 570–941 and C–570–942. For reasons 2010 (i.e., 90 days prior to the date of final determination of threat of material explained in footnote #’s 5 & 6 in the publication of the preliminary injury in the Federal Register. October 28, 2010 Federal Register determination in the Federal Register), This notice constitutes the notice, the Department retracts its through April 27, 2010. Further, we will antidumping duty order with respect to initiation of an administrative review of instruct CBP to continue to suspend seamless pipe from the PRC pursuant to the antidumping duty order and the liquidation of subject merchandise section 736(a) of the Act. Interested countervailing duty order with respect entered, or withdrawn from warehouse, parties may contact the Department’s to the above referenced company names for consumption on or after the date of Central Records Unit, Room 7043 of the for case numbers A–570–941 and C– publication of the ITC’s notice of final main Commerce building, for copies of 570–942 for the period of review 09/01/ determination. The instructions an updated list of antidumping duty 09 through 08/31/10. suspending liquidation will remain in orders currently in effect. Dated: November 4, 2010. effect until further notice. This order is published in accordance Susan H. Kuhbach, In accordance with section 736(a)(3) with section 736(a) of the Act and 19 Acting Deputy Assistant Secretary for of the Act, we will instruct CBP to CFR 351.211. Antidumping and Countervailing Duty require cash deposits of estimated Edward C. Yang, Operations. antidumping duties. In its final [FR Doc. 2010–28408 Filed 11–9–10; 8:45 am] determination in the companion Acting Deputy Assistant Secretary for Import BILLING CODE 3510–DS–P countervailing duty (‘‘CVD’’) Administration. investigation, the Department found that [FR Doc. 2010–28410 Filed 11–9–10; 8:45 am] TPCO’s and Hengyang’s merchandise BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE benefited from export subsidies.1 Additionally, because the Department National Oceanic and Atmospheric DEPARTMENT OF COMMERCE found that TPCO and Hengyang, the Administration companies that it investigated in the International Trade Administration CVD case, benefited from export RIN 0648–XA026 subsidies, all other exporters have Initiation of Antidumping and Caribbean Fishery Management benefited from export subsidies based Countervailing Duty Administrative Council; Public Meeting upon the results determined for TPCO Reviews; Correction and Hengyang. Therefore, we will AGENCY: National Marine Fisheries instruct CBP to require an antidumping AGENCY: Import Administration, Service (NMFS), National Oceanic and duty cash deposit equal to the weighted- International Trade Administration, Atmospheric Administration (NOAA), Department of Commerce. Commerce. 1 See Certain Seamless Carbon and Alloy Steel SUMMARY: The Department of Commerce ACTION: Notice of public meetings. Standard, Line, and Pressure Pipe from the People’s (‘‘the Department’’) published a notice in Republic of China: Final Affirmative Countervailing the Federal Register on October 28, SUMMARY: The Catch Share Panel of the Duty Determination, Final Affirmative Critical Circumstances Determination, 75 FR 57444 2010, concerning the initiation of Caribbean Fishery Management Council (September 21, 2010) (‘‘CVD Final’’). administrative reviews of various will hold a public meeting to discuss

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