[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Notices]
[Pages 45403-45405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18013]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836, A-570-914, A-580-859]


Light-Walled Rectangular Pipe and Tube from Mexico, the People's 
Republic of China, and the Republic of Korea: Antidumping Duty Orders; 
Light-Walled Rectangular Pipe and Tube from the Republic of Korea: 
Notice of Amended Final Determination of Sales at Less Than Fair Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
Commission), the Department is issuing antidumping duty orders on 
light-walled rectangular pipe and tube from Mexico, the People's 
Republic of China (the PRC), and the Republic of Korea (Korea). On July 
28, 2008, the Commission notified the Department of its affirmative 
determination of material injury to a U.S. industry and its negative 
determination of critical circumstances. See Light-Walled Rectangular 
Pipe and Tube from China, Korea and Mexico (Investigation Nos. 731-TA-
1118-1120 (Final), USITC Publication 4024, July 2008).

EFFECTIVE DATE: August 5, 2008.

FOR FURTHER INFORMATION CONTACT: Patrick Edwards (Mexico), Jeffrey 
Pedersen (the PRC), or Mark Flessner (Korea), Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; tel.: (202) 
482-8029, (202) 482-2769, or (202) 482-6312, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 24, 2008, the Department published its final determinations 
of sales at less-than-fair-value in the antidumping duty investigations 
of light-walled rectangular pipe and tube from Korea, Mexico and the 
PRC. See Notice of Final Determination of Sales at Less Than Fair 
Value: Light-Walled Rectangular Pipe and Tube from the Republic of 
Korea, 73 FR 35655 (Korea Final Determination); Notice of Final 
Determination of Sales at Less Than Fair Value: Light-Walled 
Rectangular Pipe and Tube from Mexico, 73 FR 35649; and Final 
Determination of Sales at Less Than Fair Value and Affirmative 
Determination of Critical

[[Page 45404]]

Circumstances, in Part: Light-Walled Rectangular Pipe and Tube from the 
People's Republic of China, 73 FR 35652 (PRC Final Determination) (all 
published June 24, 2008).
    On July 7, 2008, Nexteel Co., Ltd. (Nexteel), respondent in the 
Korea investigation, timely alleged a single ministerial error for the 
Korea Final Results. See ``Amendment to the Korea Final 
Determination,'' below.
    In response to timely allegations of ministerial errors filed by 
respondents Maquilacero S.A. de C.V. and Productos Laminados de 
Monterrey S.A. de C.V., an amended final determination with respect to 
the Mexico investigation was signed on July 24, 2008, but did not 
publish in the Federal Register prior to signing of the instant notice.
    On July 28, 2008, the Commission notified the Department of its 
final determination pursuant to section 735(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 less-than-fair-value imports 
of subject merchandise from Korea, Mexico and the PRC.

Scope of the Orders

    The merchandise subject to these orders is certain welded carbon 
quality light-walled steel pipe and tube, of rectangular (including 
square) cross section, having a wall thickness of less than 4 mm. The 
term carbon-quality steel includes both carbon steel and alloy steel 
which contains only small amounts of alloying elements. Specifically, 
the term carbon-quality includes products in which none of the elements 
listed below exceeds the quantity by weight respectively indicated: 
1.80 percent of manganese, or 2.25 percent of silicon, or 1.00 percent 
of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 
0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of 
nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 
0.10 percent of niobium, or 0.15 percent vanadium, or 0.15 percent of 
zirconium. The description of carbon-quality is intended to identify 
carbon-quality products within the scope. The welded carbon-quality 
rectangular pipe and tube subject to these orders is currently 
classified under the Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS 
subheadings are provided for convenience and Customs purposes, our 
written description of the scope of these orders is dispositive.

Amendment to the Korea Final Determination

    On July 7, 2008, Nexteel, the sole active respondent in the Korea 
investigation, timely alleged a single ministerial error in the Korea 
Final Determination. Nexteel contends that the Department inadvertently 
calculated the company's margin using an outdated cost of production 
(COP) database. Although the program references the correct database by 
name, Nexteel states, the actual cost data reflect an earlier 
superannuated version of Nexteel's cost data. Petitioners did not 
comment on Nexteel's allegation.
    We have determined, in accordance with section 735(e) of the Act, 
that we did, in fact, make the error as alleged by Nexteel. As a result 
of substituting the correct COP database, the final determination 
dumping margin for Nexteel has changed from 1.30 percent to 0.92 
percent. This correction does not affect Nexteel's exclusion from the 
antidumping duty order on light-walled rectangular pipe and tube from 
Korea, as Nexteel's margin remains de minimis. However, the all-others 
rate for the Korea investigation has changed from the 15.98 percent 
published in the Korea Final Determination to 15.79 percent.

Antidumping Duty Orders

    On July 28, 2008, in accordance with section 735(d) of the Act, the 
Commission notified the Department of its final determination that the 
industry in the United States producing light-walled rectangular pipe 
and tube is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act by reason of less-than-fair-value imports of 
subject merchandise from Korea, Mexico and the PRC.
    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further advice by the Department, antidumping duties equal to the 
amount by which the normal value of the merchandise exceeds the export 
price or constructed export price of the merchandise for all relevant 
entries of light-walled rectangular pipe and tube from Korea, Mexico 
and the PRC. These antidumping duties will be assessed on all 
unliquidated entries of light-walled rectangular pipe and tube entered, 
or withdrawn from warehouse, for consumption on or after January 30, 
2008, the date on which the Department published its notices of 
preliminary determination in the Federal Register, with the exception 
of that merchandise produced by Nexteel Co., Ltd., which is excluded 
from the antidumping duty order on light-walled rectangular pipe and 
tube from Korea. See 19 CFR 351.204(e).
    With regard to the negative critical circumstances determinations 
for the PRC, we will instruct CBP to lift suspension, release any bond 
or other security, and refund any cash deposit made to secure the 
payment of antidumping duties with respect to entries of the 
merchandise from the PRC entered, or withdrawn from warehouse, for 
consumption on or after November 1, 2007, but before January 30, 2008 
(i.e., the 90 days prior to the date of publication of the preliminary 
determination in the Federal Register with respect to the PRC).
    On or after the date of publication of the Commission's notice of 
final determination in the Federal Register, CBP must require, at the 
same time as importers would normally deposit estimated duties on this 
merchandise, a cash deposit equal to the estimated dumping margins as 
noted below:

------------------------------------------------------------------------
                                 Manufacturer/   Weighted-Average Margin
           Country                 exporter             (percent)
------------------------------------------------------------------------
Korea (weighted average).....  Nexteel Co.,      0.92 (de minimis)
                                Ltd..
                               Dong-A Steel      30.66
                                Pipe Co. Ltd..
                               HiSteel Co. Ltd.  30.66
                               Jinbang Steel     30.66
                                Co. Ltd..
                               Joong Won.......  30.66
                               Miju Steel Mfg.   30.66
                                Co., Ltd..
                               Yujin Steel       30.66
                                Industry Co..
                               Ahshin Pipe &     30.66
                                Tube.
                               Han Gyu Rae       30.66
                                Steel Co., Ltd..
                               Kukje Steel Co.,  30.66
                                Ltd..
                               SeAH Steel        15.79
                                Corporation,
                                Ltd..
                               All others......  15.79

[[Page 45405]]

 
Mexico.......................  Maquilacero S.A.  2.40
                                de C.V..
                               Productos         5.12
                                Laminados de
                                Monterrey S.A.
                                de C.V..
                               Arco Metal S.A.   3.76
                                de C.V..
                               Hylsa S.A. de     3.76
                                C.V..
                               Internacional de  3.76
                                Aceros S.A. de
                                C.V..
                               Perfiles y        3.76
                                Herrajes LM,
                                S.A. de C.V..
                               Regiomontana de   3.76
                                Perfiles y
                                Tubos.
                               Talleres Acero    3.76
                                Rey S.A. de
                                C.V..
                               Tuberia Laguna    3.76
                                S.A. de C.V..
                               Industrias        11.50
                                Monterrey S.A.
                                de C.V..
                               Nacional de       11.50
                                Acero S.A. de
                                C.V..
                               PEASA-Productos   11.50
                                Especializados
                                de Acero.
                               Tuberias Aspe...  11.50
                               Tuberias y        11.50
                                Derivados S.A.
                                de C.V..
                               All Others......  3.76
People's Republic of China...  Zhangjiagang      264.64
                                Zhongyuan Pipe-
                                Making Co.,
                                Ltd./
                                Zhangjiagang
                                Zhongyuan Pipe-
                                Making Co.,
                                Ltd..
                               Kunshan Lets Win  249.12
                                Steel Machinery
                                Co., Ltd./
                                Kunshan Lets
                                Win Steel
                                Machinery Co.,
                                Ltd..
                               Wuxi Baishun      249.12
                                Steel Pipe Co.,
                                Ltd./ Wuxi
                                Baishun Steel
                                Pipe Co., Ltd..
                               Guangdong         249.12
                                Walsall Steel
                                Pipe Industrial
                                Co., Ltd./
                                Guangdong
                                Walsall Steel
                                Pipe Industrial
                                Co., Ltd..
                               Wuxi Worldunion   249.12
                                Trading Co.,
                                Ltd./ Wuxi
                                Hongcheng
                                Bicycle
                                Material Co.,
                                Ltd..
                               Weifang East      249.12
                                Steel Pipe Co.,
                                Ltd./Weifang
                                East Steel Pipe
                                Co., Ltd..
                               Jiangyin Jianye   249.12
                                Metal Products
                                Co., Ltd./
                                Jiangyin Jianye
                                Metal Products
                                Co., Ltd..
                               PRC-Wide Rate...  264.64
------------------------------------------------------------------------

    This notice constitutes the antidumping duty orders with respect to 
light-walled rectangular pipe and tube from Korea, Mexico and the PRC, 
pursuant to section 736(a) of the Act. Interested parties may contact 
the Department's Central Records Unit, Room 1117 of the Main Commerce 
Building, for copies of an updated list of antidumping duty orders 
currently in effect.
    These orders are issued and published in accordance with section 
736(a) of Act and 19 CFR 351.211(b).

    Dated: July 30, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-18013 Filed 8-4-08; 8:45 am]
BILLING CODE 3510-DS-S