4936 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 

is materially injured, or threatened with 

material injury, by reason of imports of 

lawn groomers, or sales (or the 

likelihood of sales) for importation, of 

the subject merchandise within 45 days 

of our final determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Import Administration no 

later than seven days after the date the 

final verification report is issued in this 

proceeding and rebuttal briefs, limited 

to issues raised in case briefs, no later 

than five days after the deadline for 

submitting case briefs. See 19 CFR 

351.309(c)(1)(i) and 19 CFR 

351.309(d)(1) and (2). A list of 

authorities used and an executive 

summary of issues should accompany 

any briefs submitted to the Department. 

This summary should be limited to five 

pages total, including footnotes. See 19 

CFR 351.309(c)(2) and 19 CFR 

351.309(d)(2). 

In accordance with section 774(a)(1) 

of the Act, we will hold a public 

hearing, if requested, to afford interested 

parties an opportunity to comment on 

arguments raised in case or rebuttal 

briefs. If a request for a hearing is made, 

we intend to hold the hearing three days 

after the deadline of submission of 

rebuttal briefs at the U.S. Department of 

Commerce, 14th Street and Constitution 

Ave, NW, Washington, DC 20230, at a 

time and location to be determined. 

Parties should confirm by telephone the 

date, time, and location of the hearing 

two days before the scheduled date. 

Interested parties that wish to request 

a hearing, or to participate if one is 

requested, must submit a written 

request to the Assistant Secretary for 

Import Administration, U.S. Department 

of Commerce, Room 1870, within 30 

days after the date of publication of this 

notice. See 19 CFR 351.310(c). Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, and a list of the 

issues to be discussed. At the hearing, 

each party may make an affirmative 

presentation only on issues raised in 

that party’s case brief and may make 

rebuttal presentations only on 

arguments included in that party’s 

rebuttal brief. See 19 CFR 351.310(c). 

Postponement of Final Determination 

Pursuant to section 735(a)(2) of the 

Act, on December 18, 2008, and 

December 23, 2008, Princeway and 

Superpower, respectively, requested 

that in the event of an affirmative 

preliminary determination in this 

investigation, the Department postpone 

its final determination by 60 days. At 

the same time, Princeway and 

Superpower agreed that the Department 

may extend the application of the 

provisional measures prescribed under 

19 CFR 351.210(e)(2) from a 4–month 

period to a 6–month period. In 

accordance with section 733(d) of the 

Act and 19 CFR 351.210(b)(2)(ii), we are 

granting the request and are postponing 

the final determination until no later 

than 135 days after the publication of 

this notice in the Federal Register 

because: (1) our preliminary 

determination is affirmative, (2) the 

requesting exporters account for a 

significant proportion of exports of the 

subject merchandise (see Respondent 

Selection Memorandum), and (3) no 

compelling reasons for denial exist. 

Suspension of liquidation will be 

extended accordingly. 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act. 

Dated: January 16, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–1721 Filed 1–28–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(C–570–931) 

Circular Welded Austenitic Stainless 

Pressure Pipe from the People’s 

Republic of China: Final Affirmative 

Countervailing Duty Determination 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) has made a final 

determination that countervailable 

subsidies are being provided to 

producers and exporters of circular 

welded austenitic stainless pressure 

pipe (CWASPP) from the People’s 

Republic of China (PRC). For 

information on the estimated subsidy 

rates, see the ‘‘Suspension of 

Liquidation’’ section of this notice. 

EFFECTIVE DATE: January 28, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Robert Copyak, IA Operations, Office 3, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, Room 4012, 14th Street 

and Constitution Avenue, NW, 

Washington, DC 20230; telephone: 202– 

482–2209. 

SUPPLEMENTARY INFORMATION: 

Petitioner 

The petitioners in this investigation 

are Bristol Metals LLP, Felker Brothers 

Corp., Marcegaglia U.S.A., Inc., 

Outokumpu Stainless Pipe, Inc., and the 

United Steelworkers (petitioners). 

Period of Investigation 

The period for which we are 

measuring subsidies, or period of 

investigation (POI), is January 1, 2007, 

through December 31, 2007. 

Case History 

On July 10, 2008, we published in the 

Federal Register the preliminary 

determination that countervailable 

subsidies are being provided to 

producers and exporters of CWASPP 

from the PRC, as provided under section 

703 of the Tariff Act of 1930, as 

amended (the Act). See Circular Welded 

Austenitic Stainless Pressure Pipe from 

the People’s Republic of China: 

Preliminary Affirmative Countervailing 

Duty Determination and Alignment of 

Final Countervailing Duty 

Determination with Final Antidumping 

Duty Determination, 73 FR 39657 (July 

10, 2008) (Preliminary Determination). 

On July 15, 2008, the Winner 

Companies filed timely allegations of 

significant ministerial errors contained 

in the Department’s Preliminary 

Determination. After reviewing the 

allegations, we determined that the 

Preliminary Determination included 

significant ministerial errors as 

described under 19 CFR 351.224(g). 

Therefore, in accordance with 19 CFR 

351.224(e), we made changes to the 

Preliminary Determination. On August 

7, 2008, we published in the Federal 

Register the amended preliminary 

determination. See Circular Welded 

Austenitic Stainless Pressure Pipe From 

the People’s Republic of China: Notice 

of Amended Preliminary Countervailing 

Duty Determination 73 FR 45954 

(August 7, 2008) (Amended Preliminary 

Determination). 

On August 8, 2008, the GOC 

requested a hearing. On August 11, 

2008, petitioners requested a hearing. 

On December 16, 2008, we received 

case briefs regarding the Preliminary 

Determination from the Government of 

the People’s Republic of China (GOC), 

petitioners, and Winner Stainless Tube 

Co., Ltd. (Winner), Winner Steel 

Products (Guangzhou)(WSP), and 

Winner Machinery Enterprise Company 

Limited (Winner HK) (collectively the 

Winner Companies). On December 17, 

2008, the GOC filed a letter correcting 

inadvertent errors its case brief. On 

December, 22, 2008, the GOC, 

petitioners, and the Winner Companies 

submitted rebuttal briefs. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 4937 

On January 7, 2009, the Department 

issued a post–preliminary 

determination decision memorandum 

regarding the new subsidy allegations 

that were filed by petitioners on May 30, 

2008. On January 12, 2009, we received 

case briefs regarding this post– 

preliminary determination decision 

memorandum from GOC, petitioners, 

and the Winner Companies. On 14, 

2009, the GOC, petitioners, and the 

Winner Companies submitted rebuttal 

briefs on this decision memorandum. 

The GOC and petitioners withdrew 

their requests for a hearing on January 

8, 2009. 

Scope of Investigation 

The merchandise covered by this 

investigation is circular welded 

austenitic stainless pressure pipe not 

greater than 14 inches in outside 

diameter. This merchandise includes, 

but is not limited to, the American 

Society for Testing and Materials 

(ASTM) A–312 or ASTM A–778 

specifications, or comparable domestic 

or foreign specifications. ASTM A–358 

products are only included when they 

are produced to meet ASTM A–312 or 

ASTM A–778 specifications, or 

comparable domestic or foreign 

specifications. 

Excluded from the scope are: (1) 

welded stainless mechanical tubing, 

meeting ASTM A–554 or comparable 

domestic or foreign specifications; (2) 

boiler, heat exchanger, superheater, 

refining furnace, feedwater heater, and 

condenser tubing, meeting ASTM A– 

249, ASTM A–688 or comparable 

domestic or foreign specifications; and 

(3) specialized tubing, meeting ASTM 

A–269, ASTM A–270 or comparable 

domestic or foreign specifications. 

The subject imports are normally 

classified in subheadings 7306.40.5005, 

7306.40.5040, 7306.40.5062, 

7306.40.5064, and 7306.40.5085 of the 

Harmonized Tariff Schedule of the 

United States. They may also enter 

under HTSUS subheadings 

7306.40.1010, 7306.40.1015, 

7306.40.5042, 7306.40.5044, 

7306.40.5080, and 7306.40.5090. The 

HTSUS subheadings are provided for 

convenience and customs purposes 

only; the written description of the 

scope is dispositive. 

Scope Comments 

Interested parties submitted 

comments on the scope of investigation. 

Those comments are fully addressed in 

the preliminary determination of the 

companion AD investigation. See 

Circular Welded Austenitic Stainless 

Pressure Pipe from the People’s 

Republic of China: Preliminary 

Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination, 73 FR 51788, 51789 

(September 5, 2008). 

Injury Test 

Because the PRC is a ‘‘Subsidies 

Agreement Country’’ within the 

meaning of section 701(b) of the Act, 

section 701(a)(2) of the Act applies to 

this investigation. Accordingly, the 

International Trade Commission (ITC) 

must determine whether imports of the 

subject merchandise from the PRC 

materially injure, or threaten material 

injury to a U.S. industry. On March 25, 

2008, the ITC published its preliminary 

determination that there is a reasonable 

indication that an industry in the 

United States is materially injured or 

threatened with material injury by 

reason of imports from the PRC of 

subject merchandise. See Welded 

Stainless Steel Pressure Pipe from 

China, USITC Pub. 3986, Inv. Nos. 701– 

TA–454 and 731–TA–1144 

(Preliminary) (March 2008); and Welded 

Stainless Pressure Pipe from China, 73 

FR 16911 (Preliminary)(March 31, 

2008). 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

investigation are addressed in the 

accompanying January 21, 2008, 

memorandum to Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration from John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping Duty/Countervailing Duty 

Operations, which is titled Issues and 

Decision Memorandum for Final 

Determination (Decision Memorandum) 

and is on file in Central Records Unit 

(CRU), room 1117 of the main 

Commerce building. 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 CRU. In addition, a 

complete version of the Decision 

Memorandum can be accessed directly 

on the Internet at http://ia.ita.doc.gov/ 

frn/. The paper copy and electronic 

version of the Decision Memorandum 

are identical in content. 

Application of Facts Available, 

Including the Application of Adverse 

Inferences 

For purposes of this final 

determination, we have relied on facts 

available and have used adverse 

inferences to determine the 

countervailable subsidy rates for Froch, 

which is one of the two mandatory 

respondents, in accordance with 

sections 776(a) and (b) of the Act. A full 

discussion of our decision to apply 

adverse facts available (AFA) is 

presented in the Decision Memorandum 

in the section ‘‘Application of Facts 

Available and Use of Adverse 

Inferences’’ and in ‘‘Analysis of 

Comments’’ at Comment 11. 

Suspension of Liquidation 

In accordance with section 

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

calculated an individual rate for the 

companies under investigation, the 

Winner Companies and Froch 

Enterprise Co. Ltd. (Froch). With respect 

to the all–others rate, section 

705(c)(5)(A)(i) of the Act provides that 

the all others rate is to be the weighted 

average of the rates established for 

respondents individually investigated, 

excluding zero or de minimis rates or 

rates based entirely on facts available. 

Based on the facts and circumstances of 

this investigation, we find that section 

705(c)(5)(A)(i) is applicable in 

determining the all others rate. In this 

case, the Department selected two 

mandatory respondents as 

representative of all producers/exporters 

of CWASPP from the PRC. One of the 

two company respondents, Froch, did 

not respond to the questionnaire, and 

thus we have determined its 

countervailable subsidy rates based 

entirely on adverse facts available 

Because the Winner Companies’ rate is 

not de minimis and is not based entirely 

on facts available, we determine the 

Winner Companies’ rate to be the all 

others rate. 

Exporter/Manufacturer Net Subsidy Rate 

Winner Stainless Steel 

Tube Co. Ltd. (Winner)/ Winner Steel 

Products 

(Guangzhou) Co., 

Ltd. (WSP)/ Winner 

Machinery Enterprises Company Limited (Winner HK) 

(Collectively the Winner Companies) ........ 1.10 percent ad 

valorem 

Froch Enterprise Co. 

Ltd. (Froch) (also 

known as Zhangyuan 

Metal Industry Co. 

Ltd.) ........................... 299.16 percent ad 

valorem 

All Others ...................... 1.10 percent ad 

valorem 

As a result of our Preliminary 

Determination and pursuant to section 


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4938 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 

703(d) of the Act, we instructed the U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of all entries of 

CWASPP from the PRC which were 

entered or withdrawn from warehouse, 

for consumption on or after July 10, 

2008, the date of the publication of the 

Preliminary Determination in the 

Federal Register. In accordance with 

sections 703(d) of the Act, we will be 

issuing instructions to CBP to 

discontinue the suspension of 

liquidation for countervailing duty 

purposes for subject merchandise 

entered, or withdrawn from warehouse, 

on or after November 7, 2008, but to 

continue the suspension of liquidation 

of all entries from July 10, 2008 through 

November 6, 2008. 

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 countervailing 

duties 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 non– 

privileged 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 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 administrative 

protective order (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 21, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

APPENDIX 

List of Comments and Issues in the 

Decision Memorandum 

Comment 1: Whether the Department 

Reasonably Treated China as a 

Developed Country for CVD De Minimis 

Purposes 

Comment 2: Whether Winner HK 

Should be Treated as a PRC Entity for 

Purposes of Attribution 

Comment 3: Whether the Total Sales 

Figure Used as the Denominator in the 

Preliminary Determination and Interim 

Decision Memorandum is Correct 

Comment 4: Whether the Department 

Has the Legal Authority to Apply the 

CVD Law to the PRC While 

Simultaneously Treating the PRC as an 

NME in Parallel Antidumping 

Investigations 

Comment 5: Whether the Provision of 

SSC to SOEs Constitutes the Provision 

of a Good by a Government Authority 

Comment 6: Whether the Sale of HRS 

from Privately–Held Trading Companies 

Constitutes a Financial Contribution 

Under the Act 

Comment 7: Whether the Provision of 

SSC is Specific and the Applicability of 

the Department’s Use of AFA in its 

Determination of De Facto Specificity 

Comment 8: Whether the Department 

Should Countervail the Provision of 

Land 

Comment 9: Whether the Department 

Should Countervail FIE Tax Programs 

that are Industry, Regionally, or Export/ 

Domestic Use Neutral 

Comment 10: Whether the Department’s 

Prevailing Interest Rate Methodology 

Should be Used to Calculate any 

Subsidy in this Case 

Comment 11: Whether the Department’s 

Choice of Adverse Facts Applied to the 

Non–Cooperating Respondent is 

Contrary to Law 

Comment 12: Whether the Department’s 

Methodology for Determining the All– 

Others rate in its Amended Preliminary 

Results is Unreasonable 

[FR Doc. E9–1829 Filed 1–27–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–489–806] 

Notice of Initiation of Countervailing 

Duty Changed Circumstances Review: 

Certain Pasta from Turkey 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to a request from 

Marsan Gida Sanayi ve Ticaret A.S. 

(‘‘Marsan’’) pursuant to section 751(b)(1) 

of the Tariff Act of 1930, as amended 

(‘‘the Act’’) and 19 CFR 351.216 and 

351.221(c)(3), the Department of 

Commerce (‘‘the Department’’) is 

initiating a changed circumstances 

review of the countervailing duty 

(‘‘CVD’’) order on certain pasta (‘‘Pasta’’) 

from Turkey. Marsan, a producer of 

pasta, claims that Gidasa Sabanci Gida 

Sanayi ve Ticaret A.S. (‘‘Gidasa’’) 

changed its corporate name to Marsan 

and, therefore, Marsan should be 

entitled to the same cash deposit rate as 

its predecessor company, Gidasa. 

EFFECTIVE DATE: January 28, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Shelly Atkinson, Office of AD/CVD 

Operations, Office 1, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–0116. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 24, 1996, the Department 

published in the Federal Register the 

CVD order on Pasta from Turkey. See 

Notice of Countervailing Duty Order: 

Certain Pasta (‘‘Pasta’’) From Turkey, 61 

FR 38546 (July 24, 1996). Since then, 

the Department has completed two 

administrative reviews of this CVD 

order but is not currently conducting an 

administrative review. See Certain Pasta 

From Turkey: Final Results of 

Countervailing Duty Administrative 

Review, 66 FR 64398 (December 13, 

2001); Certain Pasta from Turkey: Final 

Results of Countervailing Duty 

Administrative Review, 71 FR 52774 

(September 7, 2006) (‘‘Pasta from 

Turkey: Results of Administrative 

Review’’). Also, with respect to Gidasa, 

in July 2003, the Department 

determined that Gidasa was the 

successor–in-interest to Maktas 

Makarnacilik ve Ticaret A.S. (‘‘Maktas’’) 

and that Gidasa was entitled to the cash 

deposit rate assigned to Maktas in the 

most recently completed CVD 

administrative review. See Notice of 


sroberts on PROD1PC70 with NOTICES