[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Pages 45954-45955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18249]


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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: Notice of Amended Preliminary 
Countervailing Duty Determination

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

SUMMARY: On July 10, 2008, the Department of Commerce (the Department) 
published in the Federal Register the notice of preliminary affirmative 
countervailing duty determination in the investigation of circular 
welded austenitic stainless pressure pipe (CWASPP) from the People's 
Republic of China (the PRC). We are amending our preliminary 
determination to correct ministerial errors discovered with respect to 
the countervailing duty rate calculated for Winner Stainless Steel Tube 
Co., Ltd. (Winner), Winner Machinery Enterprise Company Ltd. (Winner 
HK), and Winner Steel Products (Guangzhou) Co., Ltd. (WSP) 
(collectively the Winner Companies). This correction also affects the 
countervailing duty rate applied to Froch Enterprises Co. Ltd. (Froch) 
(also known as Zhangyuan Metal Industry Co. Ltd.) as well as the rate 
applied to all other companies not individually investigated.

DATES: Effective Date: See discussion below.

FOR FURTHER INFORMATION CONTACT: Robert Copyak, or Eric B. Greynolds, 
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 and (202) 482-6071, respectively.

SUPPLEMENTARY INFORMATION:

Background

    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 have 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 have 
made changes, as described below, to the Preliminary Determination.

Scope of the 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 
(HTSUS). 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.

Analysis of Alleged Significant Ministerial Errors

    A ministerial error is defined in 19 CFR 351.224(f) as ``an error 
in addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' With respect to preliminary determinations, 19 CFR 
351.224(e) provides that the Department ``will analyze any comments 
received and, if appropriate, correct any significant ministerial error 
by amending the preliminary determination * * *'' A significant 
ministerial error is defined as an error, the correction of which, 
singly or in combination with other errors, would result in: (1) A 
change of least five absolute percentage points in, but not less than 
25 percent of the countervailable subsidy rate calculated in the 
original (erroneous) preliminary determination; or (2) a difference 
between a countervailable subsidy rate of zero (or de minimis) and a 
countervailable subsidy rate of greater than de minimis or vice versa. 
See 19 CFR 351.224(g). We have determined that the Preliminary 
Determination contained ``significant'' ministerial errors with respect 
to the Winner Companies and that these ministerial errors, in turn, 
affected the countervailing duty rate applied to Froch as well as the 
rate applied to all other companies not individually investigated.\1\ 
As a result, the Department is publishing this amendment to its 
preliminary determination pursuant to 19 CFR 351.224(e).
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    \1\ We are adjusting the countervailing duty rate applied to 
Froch because the corrected rate for Winner is an integral component 
of the rate for Froch.
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Amended Preliminary Determination

    Because the combined errors alleged by the Winner Companies 
regarding the countervailable subsidy rate calculation for the Winner 
Companies were significant, we have amended the preliminary 
countervailing duty rate calculations for the Winner Companies. We have 
also amended the preliminary countervailing duty rate calculations for 
Froch as well as the rate applied to all other companies not 
individually investigated. See Memorandum to

[[Page 45955]]

Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, through Melissa G. Skinner, Director, Office 3, 
Operations, from Eric B. Greynolds, Program Manager, Office 3, 
Operations, regarding ``Preliminary Determination Ministerial Error 
Allegations'' (July 22, 2008), a proprietary document of which the 
public version is on file in the Central Records Unit (CRU), room 1117 
in the main Department building. As a result of the corrections of the 
ministerial errors, the countervailable subsidy rates are as follows:

------------------------------------------------------------------------
                                     Original net         Amended net
        Producer/exporter            subsidy rate        subsidy rate
------------------------------------------------------------------------
Winner Stainless Steel Tube Co.,  1.47 percent ad     0.35 percent ad
 Ltd (Winner), Winner Machinery    valorem.            valorem (de
 Enterprise Company Ltd, (Winner                       minimis).
 HK), and Winner Steel Products
 (Guangzhou) Co., Ltd. (WSP)
 (collectively the Winner
 Companies).
Froch Enterprises Co. Ltd.        106.85 percent ad   105.73 percent ad
 (Froch) (also known as            valorem.            valorem.
 Zhangyuan Metal Industry Co.
 Ltd.).
All Others Rate.................  1.47 percent ad     53.04 percent ad
                                   valorem.            valorem.
------------------------------------------------------------------------

    The collection of bonds or cash deposits and suspension of 
liquidation will be revised accordingly and parties will be notified of 
this determination, in accordance with section 703(d) and (f) of the 
Act. Specifically, since the amended preliminary determination is 
negative with respect to the Winner Companies, we are directing U.S. 
Customs and Border Patrol (CBP) to terminate suspension of liquidation 
of all entries of CWASPP produced and exported by the Winner Companies 
entered or withdrawn from warehouse for consumption on or after July 
10, 2008, the publication date of the Preliminary Determination, and to 
release any bond or other security, and refund any cash deposit. In 
accordance with sections 703(d)(1)(B) and (2) of the Act, we are 
directing CBP to continue to suspend liquidation of all other entries 
of CWASPP from the PRC that are entered, or withdrawn from warehouse, 
for consumption on or after July 10, 2008.
    With respect to Froch, we are directing CBP to require a cash 
deposit or bond for such entries of subject merchandise in the amount 
indicated above that are entered, or withdrawn from warehouse, for 
consumption on or after July 10, 2008, and to grant a refund for any 
overcollection on such entries if the importer makes such a request 
pursuant to 19 U.S.C. 1520(a)(4).
    Regarding the rate applied to all other companies not individually 
investigated, we are directing CBP to require a cash deposit or bond 
for such entries of subject merchandise in the amount indicated above 
that are entered, or withdrawn from warehouse, for consumption on or 
after the publication date of this amended preliminary determination in 
the Federal Register.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we have notified the 
International Trade Commission (ITC) of our amended preliminary 
determination. If our final determination is affirmative, the ITC will 
make its final determination as to whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports of CWASPP from the PRC, or sales (or the 
likelihood of sales) for importation, of the subject merchandise within 
45 days of our final determination. See Section 705(b)(2)(B) of the 
Act.
    This determination is issued and published in accordance with 
sections 703(f) and 777(i) of the Act and 19 CFR 351.224(e).

    Dated: July 30, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
 [FR Doc. E8-18249 Filed 8-6-08; 8:45 am]
BILLING CODE 3510-DS-P