Federal Register / Vol. 76, No. 7 / Tuesday, January 11, 2011 / Notices 1971 

1A public version of these documents and all 

public documents are available on the public file 

located in the Department’s Central Records Unit 

(CRU), Room 7046 of the main Commerce building. 

antidumping duty order directing CBP 

to assess antidumping duties on all 

imports of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation. 

Notification Regarding APO 

This notice also serves as a reminder 

to the parties subject to administrative 

protective order (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely 

notification of return or destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

This determination and notice is 

issued and published in accordance 

with sections 735(d) and 777(i)(1) of the 

Act. 

Dated: January 3, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix I 

General Issues 

Comment 1: Double Remedy 

Comment 2: Scope of the Investigation 

Comment 3: Whether the Department Should 

Correct the Preliminary Determination 

A. Whether the Department Correctly 

Calculated the Surrogate Value for Green 

Tubes 

B. Whether the Department Correctly 

Calculated Sealer (‘‘SEALRES’’) 

C. Whether the Department Overlooked 

Surrogate Values on the Record for Tool 

Joints 

Comment 4: Labor Rate 

Comment 5: Selection of Surrogate Financial 

Ratios 

A. The DP–Master Group 

B. Baoshan 

Company-Specific Issues 

The DP–Master Group 

Comment 6: Selection of a Surrogate Value 

for Tool Joints 

Comment 7: Selection of a Surrogate Value 

for Green Tubes 

Comment 8: Selection of a Surrogate Value 

for Alloy Steel Bars for Tool Joints 

Comment 9: Critical Circumstances 

Baoshan 

Comment 10: Date of Sale 

Comment 11: Market Economy Purchases of 

Iron Ore Pellet Made through Affiliated 

Companies 

Comment 12: Self-Produced Inputs 

Comment 13: By-Product Offset for 

Pulverized Fuel Ash 

Comment 14: Valuation of Baoshan’s Copper 

Plating Tolling Factors of Production 

Yida 

Comment 15: Yida’s Reporting of Rubber 

Pads as a Packing Material 

Comment 16: Yida’s Unreported Overhead 

Materials Discovered at Verification 

Changes From Verification 

A. DP–Master Group’s Phosphate Treatment 

Tolling Factors of Production 

B. Baoshan’s Indirect Selling Expenses 

C. Baoshan’s Credit Expenses 

[FR Doc. 2011–390 Filed 1–10–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–966] 

Drill Pipe From the People’s Republic 

of China: Final Affirmative 

Countervailing Duty Determination, 

Final Affirmative Critical 

Circumstances Determination 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

drill pipe from the People’s Republic of 

China (the PRC). For information on the 

estimated subsidy rates, see the 

‘‘Suspension of Liquidation’’ section of 

this notice. 

DATES: Effective Date: January 11, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Johnson or Eric B. Greynolds, 

AD/CVD Operations, Office 3, Import 

Administration, U.S. Department of 

Commerce, Room 4014, 14th Street and 

Constitution Avenue, NW., Washington, 

DC 20230; telephone: (202) 482–4793 

and (202) 482–6071, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This investigation covers 40 

programs. The respondent in this 

investigation is the DP Master Group, 

which consists of the following 

companies: DP Master Manufacturing 

Co., Ltd. (DP Master), Jiangyin Sanliang 

Petroleum Machinery Co., Ltd. (SPM), 

Jiangyin Liangda Drill Pipe Co., Ltd. 

(Liangda), Jiangyin Sanliang Steel Pipe 

Trading Co., Ltd. (SSP), and Jiangyin 

Chuangxin Oil Pipe Fittings Co., Ltd. 

(Chuangxin) (collectively, the DP Master 

Group). Xigang Seamless Steel Tube Co., 

Ltd. (Xigang) and Wuxi Seamless Pipe 

Co., Ltd. (WSP) were also selected 

mandatory respondents; however, both 

companies reported to the Department 

that they did not export subject 

merchandise to the United States during 

the period of investigation (POI). The 

petitioners in this investigation are 

VAM Drilling USA, Inc., Texas Steel 

Conversion, Inc., Rotary Drilling Tools, 

TMK IPSCO, and United Steel, Paper 

and Forestry, Rubber, Manufacturing, 

Energy, Allied Industrial and Service 

Workers International Union, AFL–CIO. 

Period of Investigation 

The POI for which we are measuring 

subsidies is January 1, 2009, through 

December 31, 2009, which corresponds 

to the PRC’s most recently completed 

fiscal year at the time we initiated this 

investigation. See 19 CFR 351.204(b)(2). 

Case History 

The following events have occurred 

since the Department signed the 

Preliminary Determination on June 7, 

2010. See Drill Pipe From the People’s 

Republic of China: Preliminary 

Affirmative Countervailing Duty 

Determination, 75 FR 33245 (June 11, 

2010) (Preliminary Determination). On 

June 18, 2010, we issued second 

supplemental questionnaires to the DP 

Master Group and the Government of 

the People’s Republic of China (GOC).1

On June 21, 2010, the Department 

published in the Federal Register the 

notice to align this final countervailing 

duty (CVD) determination with the final 

antidumping duty determination. See 

Drill Pipe From the People’s Republic of 

China: Alignment of Final 

Countervailing Duty Determination with 

Final Antidumping Duty Determination, 

75 FR 34974 (June 21, 2010). 

On June 30, 2010, the DP Master 

Group made a factual submission 

regarding technical specifications of 

casing, tubing, and drill pipe. We 

received the DP Master Group’s second 

supplemental questionnaire response on 

July 7, 2010, and the GOC’s second 

supplemental questionnaire response on 

July 9, 2010. On July 7, 8, and 12, 2010, 

we received requests to hold a hearing 

from the DP Master Group, petitioners, 

and the GOC, respectively. 

On July 8, 2010, petitioners submitted 

a critical circumstances allegation. On 

July 12, 2010, we issued to the DP 

Master Group a third supplemental 

questionnaire and received the 

company’s response on July 21, 2010. 

On July 13, 2010, petitioners submitted 

U.S. Census Data in support of its 

critical circumstances allegation. 

On August 2, 2010, we issued a third 

supplemental questionnaire to the GOC 

and received the government’s response 

on August 16, 2010. On August 3, 2010, 


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2See Memorandum to the File from Kristen 

Johnson, Trade Analyst, Operations Office 3, 

‘‘Examination of Entry Documentation,’’ (August 19, 

2010). 

3See Memorandum to Melissa Skinner, Director, 

AD/CVD Operations, Office 3, from Eric B. 

Greynolds, Program Manager, AD/CVD Operations, 

Office 3 and Kristen Johnson, Trade Analyst, AD/ 

CVD Operations, Office 3, regarding ‘‘Verification of 

Information Submitted by the Government of the 

People’s Republic of China,’’ (October 18, 2010) 

(GOC Verification Report) and Memorandum to 

Melissa Skinner, Director, AD/CVD Operations, 

Office 3, from Eric B. Greynolds, Program Manager, 

AD/CVD Operations, Office 3 and Kristen Johnson, 

Trade Analyst, AD/CVD Operations, Office 3, 

regarding ‘‘Verification of Information Submitted by 

the DP Master Group,’’ (DP Master Group 

Verification Report) (October 21, 2010). 

4See Memorandum to Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration, from Susan H. Kuhbach, Acting 

Deputy Assistant Secretary for Antidumping and 

Countervailing Duty Operations, regarding ‘‘PostPreliminary Determination Memorandum,’’ 

(October 26, 2010) at 1–4. 

5Id. at 4–7. 

6See Memorandum to the File through Melissa 

Skinner, Director, AD/CVD Operations, Office 3, 

from Kristen Johnson, Trade Analyst, AD/CVD 

Operations, Office 3, regarding ‘‘Meeting with 

Counsel for the DP Master Group,’’ (November 29, 

2010). 

7See Memorandum to the File through Melissa 

Skinner, Director, AD/CVD Operations, Office 3, 

from Kristen Johnson, Trade Analyst, AD/CVD 

Operations, Office 3, regarding ‘‘Meeting with 

Counsel for Petitioners,’’ (December 6, 2010). 

we issued to the GOC the verification 

outline for meetings scheduled in 

Jiangyin City, Jiangsu Province. On 

August 9, 2010, the Department made a 

preliminary affirmative determination of 

critical circumstances. See Drill Pipe 

from the People’s Republic of China: 

Notice of Preliminary Affirmative 

Determination of Critical 

Circumstances, 75 FR 49891 (August 16, 

2010) (Preliminary Critical 

Circumstances Determination). 

On August 6, 2010, we issued the 

verification outline to the DP Master 

Group. On August 17, 2010, petitioners 

submitted to the Department preverification comments. On August 19, 

2010, we placed on the record of this 

investigation our analysis of entry 

documentation obtained from U.S. 

Customs and Border Protection (CBP) 

for the products that Xigang and WSP 

exported to the United States during the 

POI.2 Based on our analysis of the entry 

packages, we found that the 

documentation supports the claims of 

non-shipment of subject merchandise to 

the United States during the POI by 

Xigang and WSP and, therefore, we did 

not issue verification outlines to or 

conduct verification of either company. 

On August 20, 2010, we issued a 

fourth supplemental questionnaire to 

both the GOC and DP Master Group. We 

received responses from the GOC and 

the DP Master Group on September 2, 

2010. 

On September 3, 2010, petitioners 

submitted additional factual 

information regarding green tubes used 

for drill pipe and certain finished casing 

and tubing products. On September 6, 

2010, the DP Master Group submitted 

factual information related to income 

tax information, green tube benchmark, 

and bank loan benchmark. 

Subsequently, on September 14, 2010, 

the DP Master Group filed rebuttal 

comments to petitioners’ September 3, 

2010, factual submission. 

We conducted verification of the 

questionnaire responses submitted by 

the GOC on September 10, 2010, and by 

the DP Master Group from September 13 

through 15, 2010, in Jiangyin City, 

Jiangsu Province. 

On September 13, 2010, petitioners 

submitted comments regarding the 

inclusion of green tubes used in 

producing drill pipe within the scope of 

the investigation. On September 23, 

2010, the DP Master Group submitted 

rebuttal comments in regard to 

petitioners’’ scope comments. See 

‘‘Scope Comments’’ section below for 

additional information. 

On October 13, 2010, the DP Master 

Group requested an extension of time 

for the filing of new factual information 

and submitted on the record 

information regarding the Department’s 

scope determination of green tubes in 

this investigation. On October 18 and 

21, 2010, we released the verification 

reports for the meetings we held with 

the GOC and the DP Master Group, 

respectively.3 On October 26, 2010, we 

issued a post-preliminary determination 

memorandum and preliminarily found 

that the following programs provided 

countervailable export subsidies to the 

DP Master Group during the POI: 

Technology to Improve Trade Research 

and Development and Outstanding 

Growth Private Enterprise and Small 

and Medium-sized Enterprises in 

Jiangyin Fund.4 Additionally, we 

preliminarily determined that none of 

the DP Master Group companies 

acquired land-use rights for less than 

adequate remuneration (LTAR) based on 

being located within a special, 

economic, or development zone or area 

during the period December 11, 2001, 

through December 31, 2009.5

Interested parties submitted the case 

and rebuttal briefs on November 3, 

2010, and November 10, 2010, 

respectively. In their respective case 

briefs, the GOC, DP Master Group, and 

petitioners withdrew their requests for a 

hearing and, therefore, a public hearing 

was not held in this investigation. On 

November 29, 2010, Department 

officials met with counsel for the DP 

Master Group, who gave a verbal 

presentation of case/rebuttal brief 

arguments regarding the following 

issues: construction of green tube 

benchmark, calculation of the benefit 

under the Two Free/Three Half Tax 

Exemption program, and a grant 

received by Chuangxin.6 On December 

6, 2010, Department officials met with 

petitioners’ counsel, who gave a verbal 

presentation of case/rebuttal brief 

arguments regarding the following 

issues: use of tier-one or tier-two 

benchmark for the provision of green 

tubes for LTAR program, bestowal of 

benefit under the Two Free/Three Half 

Tax program, and sales denominator to 

use in the calculations for the provision 

of inputs for LTAR programs.7

Scope of Investigation 

The products covered by the 

investigation are steel drill pipe and 

steel drill collars, whether or not 

conforming to American Petroleum 

Institute (API) or non-API 

specifications. Included are finished 

drill pipe and drill collars without 

regard to the specific chemistry of the 

steel (i.e., carbon, stainless steel, or 

other alloy steel), and without regard to 

length or outer diameter. Also included 

are unfinished drill collars (including 

all drill collar green tubes) and 

unfinished drill pipe (including drill 

pipe green tubes, which are tubes 

meeting the following description: 

seamless tubes with an outer diameter 

of less than or equal to 6V inches (168.28 

millimeters), containing between 0.16 

and 0.75 percent molybdenum, and 

containing between 0.75 and 1.45 

percent chromium). The scope does not 

include tool joints not attached to the 

drill pipe, nor does it include 

unfinished tubes for casing or tubing 

covered by any other antidumping (AD) 

or CVD order. 

The subject products are currently 

classified in the following Harmonized 

Tariff Schedule of the United States 

(HTSUS) categories: 7304.22.0030, 

7304.22.0045, 7304.22.0060, 

7304.23.3000, 7304.23.6030, 

7304.23.6045, 7304.23.6060, 

8431.43.8040 and may also enter under 

8431.43.8060, 8431.43.4000, 

7304.39.0028, 7304.39.0032, 

7304.39.0036, 7304.39.0040, 

7304.39.0044, 7304.39.0048, 

7304.39.0052, 7304.39.0056, 

7304.49.0015, 7304.49.0060, 

7304.59.8020, 7304.59.8025, 

7304.59.8030, 7304.59.8035, 

7304.59.8040, 7304.59.8045, 

7304.59.8050, and 7304.59.8055. 


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8See companion antidumping duty final 

determination and accompanying issues and 

decision memorandum at comment 2, issued 

concurrently with this notice. 

While HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of the investigation is dispositive. 

Scope Comments 

In the preliminary determination of 

the concurrent AD investigation, the 

Department indicated that it would 

solicit additional comments from parties 

regarding the specifications of drill pipe 

green tube. See Drill Pipe From the 

People’s Republic of China: Preliminary 

Determination of Sales at Less Than 

Fair Value and Affirmative 

Determination of Critical 

Circumstances, and Postponement of 

Final Determination, 75 FR 51004, 

51005–06 (August 18, 2010); and Drill 

Pipe From the People’s Republic of 

China: Notice of Correction to the 

Preliminary Determination of Sales at 

Less Than Fair Value and Affirmative 

Determination of Critical 

Circumstances, and Postponement of 

Final Determination, 75 FR 51014 

(August 18, 2010). Between September 

13 and 23, 2010, petitioners and the DP 

Master Group placed additional 

information on the record of the AD and 

CVD investigations regarding the 

characteristics of drill pipe green tube. 

Additionally, petitioners and the DP 

Master Group commented on the scope 

of the investigation in their case briefs 

submitted on the record of the AD 

investigation. Based on analysis of that 

information and arguments, the 

Department has modified the scope of 

the AD and CVD investigations to define 

drill pipe green tubes which were 

previously described as ‘‘green tubes 

suitable for drill pipe.’’ 8

Injury Test 

Because the PRC is a ‘‘Subsidies 

Agreement Country’’ within the meaning 

of section 701(b) of the Tariff Act of 

1930, as amended (the Act), the 

International Trade Commission (the 

ITC) is required to determine whether 

imports of the subject merchandise from 

the PRC materially injure, or threaten 

material injury to, a U.S. industry. On 

March 8, 2010, the ITC published its 

preliminary determination finding that 

there is a reasonable indication that an 

industry in the United States is 

threatened with material injury by 

reason of imports of drill pipe and drill 

collars from the PRC that are alleged to 

be sold in the United States at less than 

fair value and subsidized by the GOC. 

See Drill Pipe and Drill Collars From 

China, Investigation Nos. 701–TA–474 

and 731–TA–1176 (Preliminary), 75 FR 

10501 (March 8, 2010). 

Critical Circumstances 

In the Preliminary Critical 

Circumstances Determination, the 

Department concluded that critical 

circumstances exist with respect to 

imports of drill pipe from the PRC from 

the DP Master Group, in accordance 

with section 703(e)(1) of the Act. We 

also preliminarily determined, based on 

the shipment experience of the DP 

Master Group, that critical 

circumstances exist as well for imports 

of drill pipe from the PRC from ‘‘all 

other’’ exporters, in accordance with 

section 703(e)(1) of the Act. Our 

analysis of the results of verification and 

the comments submitted by interested 

parties have not lead us to change our 

preliminary affirmative finding of 

critical circumstances for the DP Master 

Group and ‘‘all other’’ exporters. 

Therefore, in accordance with section 

705(a)(2) of the Act, we continue to find 

that critical circumstances exist with 

respect to imports of subject 

merchandise from the PRC from the DP 

Master Group and ‘‘all other’’ exporters. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

investigation are addressed in the 

Memorandum from Christian Marsh, 

Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, to Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration, entitled ‘‘Issues and 

Decision Memorandum for the Final 

Determination in the Countervailing 

Duty Investigation of Drill Pipe from the 

People’s Republic of China,’’ (January 3, 

2011) (Decision Memorandum), which 

is hereby adopted by this notice. 

Attached to this notice as an Appendix 

is a list of the issues that parties raised 

and to which we have responded in the 

Decision Memorandum. Parties can find 

a complete discussion of all issues 

raised in this investigation and the 

corresponding recommendations in this 

public memorandum, which is on file in 

the Department’s Central Records Unit, 

room 7046 of the main Department of 

Commerce building. In addition, a 

complete version of the Decision 

Memorandum can be accessed directly 

on the Internet at http://trade.gov/ia. 

The paper copy and electronic version 

of the Decision Memorandum are 

identical in content. 

Suspension of Liquidation 

In accordance with section 

705(c)(1)(B)(i)(I) of the Act, we have 

calculated an individual rate for the DP 

Master Group. Section 705(c)(5)(A) of 

the Act states that for companies not 

investigated, we will determine an all 

others rate by weighting the individual 

company subsidy rate of each of the 

companies investigated by each 

company’s exports of the subject 

merchandise to the United States. The 

all others rate may not include zero and 

de minimis net subsidy rates, or any 

rates based solely on the facts available. 

Because we have calculated a rate for 

only the DP Master Group, the rate for 

the DP Master Group is the all others 

rate. 

We determine the total estimated net 

countervailable subsidy rates to be: 

Producer/Exporter 

Net subsidy 

Ad Valorem 

rate 

(percent) 

DP Master Manufacturing Co., Ltd. (DP Master), Jiangyin Sanliang Petroleum Machinery Co., Ltd. (SPM); Jiangyin Liangda 

Drill Pipe Co., Ltd. (Liangda); Jiangyin Sanliang Steel Pipe Trading Co., Ltd. (SSP), and Jiangyin Chuangxin Oil Pipe Fittings Co., Ltd. (Chuangxin) (collectively, DP Master Group) ...................................................................................................... 18.18 

All Others ......................................................................................................................................................................................... 18.18 

As a result of our Preliminary 

Determination and pursuant to section 

703(d) of the Act, we instructed CBP to 

suspend liquidation of all entries of 

subject merchandise from the PRC 

which were entered or withdrawn from 

warehouse, for consumption on or after 

June 11, 2010, the date of the 

publication of the Preliminary 

Determination in the Federal Register. 

Subsequently, as a result of our 

Preliminary Critical Circumstances 


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Determination, we instructed CBP to 

suspend liquidation of all entries of 

subject merchandise from the PRC 

which were entered or withdrawn from 

warehouse, for consumption on or after 

March 13, 2010, which is 90 days prior 

to the date of publication in the Federal 

Register of the Preliminary 

Determination. In accordance with 

section 703(d) of the Act, we later 

issued instructions to CBP to 

discontinue the suspension of 

liquidation for CVD purposes for subject 

merchandise entered, or withdrawn 

from warehouse, on or after October 9, 

2010, but to continue the suspension of 

liquidation of all entries from June 11, 

2010, through October 8, 2010. 

We will issue a CVD order and 

reinstate the suspension of liquidation 

under section 706(a) of the Act if the 

ITC issues a final affirmative injury 

determination, and will require a cash 

deposit of estimated CVDs for such 

entries of merchandise in the amounts 

indicated above. If the ITC determines 

that material injury, or threat of material 

injury, does not exist, this proceeding 

will be terminated and all estimated 

duties deposited or securities posted as 

a result of the suspension of liquidation 

will be refunded or canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, we will notify the ITC of our 

determination. In addition, we are 

making available to the ITC all nonprivileged and non-proprietary 

information related to this investigation. 

We will allow the ITC access to all 

privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 

such information, either publicly or 

under an administrative protective order 

(APO), without the written consent of 

the Assistant Secretary for Import 

Administration. 

Return or Destruction of Proprietary 

Information 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to an APO of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

This determination is published 

pursuant to sections 705(d) and 777(i) of 

the Act. 

Dated: January 3, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix 

List of Comments and Issues in the Decision 

Memorandum 

Comment 1: Application of CVD Law to the 

PRC 

Comment 2: Whether Application of the CVD 

Law to Chinese Imports Violates the 

Administrative Procedure Act 

Comment 3: Double Counting/Double 

Remedy 

Comment 4: Cutoff Date for Identifying 

Subsidies 

Comment 5: Critical Circumstances 

Comment 6: Attribute Benefits From Tied 

Subsidies Only to the Products That 

Benefit 

Comment 7: Apply 2009 Short-Term Interest 

Rate Benchmark and Adjust Benefit 

Calculation Based on China’s Inflation Rate 

Comment 8: Preferential Loans to the Drill 

Pipe Industry 

Comment 9: Construction of the Green Tube 

Benchmark 

Comment 10: Ministerial Error In the Green 

Tube Benefit Calculation 

Comment 11: The Department Should 

Account For the Premium Quality of Steel 

Rounds 

Comment 12: Timing of Receipt of the 

Benefit Under the Two Free, Three Half 

Tax Exemption for Foreign Invested 

Enterprises 

Comment 13: Tying and Attribution Issues 

Regarding the Grant Received Under the 

Outstanding Growth Private Enterprise and 

Small and Medium-sized Enterprises 

Development in Jiangyin Fund 

[FR Doc. 2011–392 Filed 1–10–11; 8:45 am] 

BILLING CODE 3510–DS–P 


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