[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Pages 11712-11713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6103]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-931]


Circular Welded Austenitic Stainless Pressure Pipe From the 
People's Republic of China: Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

[[Page 11713]]

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing a countervailing duty order on circular 
welded austenitic stainless pressure pipe (CWASPP) from the People's 
Republic of China (PRC).
    Effective Date: March 19, 2009.
    Contact Information: Robert Copyak, AD/CVD Operations, Office 3, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-2209.

SUPPLEMENTARY INFORMATION:

Background

    On January 28, 2009, the Department published its final 
determination in the countervailing duty investigation on CWASPP from 
the PRC. See Circular Welded Austenitic Stainless Pressure Pipe from 
the People's Republic of China: Final Affirmative Countervailing Duty 
Determination, 74 FR 4936 (January 28, 2009) (Final Determination). On 
March 11, 2009, the ITC notified the Department of its final 
determination pursuant to section 705(b)(1)(A)(i) of the Tariff Act of 
1930, as amended (the Act), that an industry in the United States is 
materially injured by reason of subsidized imports of subject 
merchandise from the PRC. See Letter from the ITC to the Secretary of 
Commerce, ``Notification of Final Affirmative Determination of Welded 
Stainless Pressure Pipe from China (Investigation Nos. 701-TA-454 and 
731-TA-1144 (Final), USITC Publication 4064, March 2009),'' March 11, 
2009. Pursuant to section 736(a) of the Act, the Department is 
publishing a countervailing duty order on the subject merchandise.

Scope of the Order

    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.

Countervailing Duty Order

    In accordance with section 705(d) of the Act on January 28, 2009, 
the Department published its final determination in the countervailing 
duty investigation of CWASPP from the PRC. See Final Determination, 74 
FR 4936. On February 5, 2009, the Department terminated suspension of 
liquidation in accordance with 703(d) of the Act, effective November 7, 
2008. Section 703(d) of the Act states that the suspension of 
liquidation pursuant to a preliminary determination may not remain in 
effect for more than four months.
    On March 11, 2009, in accordance with section 705(d) of the Act, 
the ITC notified the Department of its final determination that the 
industry in the United States producing welded stainless steel pressure 
pipe is materially injured within the meaning of section 
705(b)(1)(A)(i) of the Act by reason of subsidized imports of welded 
stainless steel pressure pipe from the PRC. Therefore, countervailing 
duties will be assessed on all unliquidated entries of CWASPP from the 
PRC entered or withdrawn from warehouse, for consumption, on or after 
July 10, 2008, the date on which the Department published its 
preliminary affirmative countervailing duty determination in the 
Federal Register, and before November 7, 2008, the date on which the 
Department instructed CBP to discontinue the suspension of liquidation 
in accordance with section 703(d) of 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). Entries of CWASPP made on 
or after November 7, 2008, and prior to the date of publication of the 
ITC's final determination in the Federal Register are not liable for 
the assessment of countervailing duties due to the Department's 
discontinuation, effective November 7, 2008, of the suspension of 
liquidation.
    In accordance with section 706(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by the Department, countervailing duties equal to 
the amounts of the net countervailable subsidy for all relevant entries 
of CWASPP from the PRC.
    In accordance with section 706 of the Act, the Department will 
direct CBP to suspend liquidation, effective the date of publication of 
the ITC's final determination in the Federal Register, and to require a 
cash deposit for each entry of the subject merchandise in an amount 
based on the net countervailable subsidy rates for the subject 
merchandise as noted in the Final Determination.
    This notice constitutes the countervailing duty order with respect 
to CWASPP from the PRC pursuant to section 706(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 1117 of the main Department Building, for copies of an updated 
list of countervailing duty orders currently in effect.
    This countervailing duty order is issued and published in 
accordance with section 706(a) of the Act and 19 CFR 351.211.

    Dated: March 16, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
 [FR Doc. E9-6103 Filed 3-17-09; 4:15 pm]
BILLING CODE 3510-DS-P