45954 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices 

1We are adjusting the countervailing duty rate 

applied to Froch because the corrected rate for 

Winner is an integral component of the rate for 

Froch. 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double the antidumping duties. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Tariff Act. 

Dated: July 30, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–18246 Filed 8–6–08; 8:45 am] 

BILLING CODE 3510–DS–P 

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). 

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 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices 45955 

1 ‘‘Paper suitable for high quality print graphics,’’

as used herein, means paper having an ISO 

brightness of 82 or higher and a Sheffield 

Smoothness of 250 or less. Coated free sheet is an 

example of a paper suitable for high quality print 

graphics. 

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: 

Producer/exporter Original net subsidy rate Amended net subsidy rate 

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).

1.47 percent ad valorem ............... 0.35 percent ad valorem (de minimis). 

Froch Enterprises Co. Ltd. (Froch) (also known as Zhangyuan Metal 

Industry Co. Ltd.).

106.85 percent ad valorem ........... 105.73 percent ad valorem. 

All Others Rate ........................................................................................ 1.47 percent ad valorem ............... 53.04 percent ad 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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–917] 

Laminated Woven Sacks From the 

People’s Republic of China: 

Countervailing Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on an affirmative final 

determination by the U.S. International 

Trade Commission (ITC), the 

Department of Commerce (the 

Department) is issuing a countervailing 

duty order on Laminated Woven Sacks 

(LWS) from the People’s Republic of 

China (PRC). On July 30, 2008, the ITC 

notified the Department of its 

affirmative determination of material 

injury to a U.S. industry and its negative 

determination of critical circumstances. 

See Laminated Woven Sacks from the 

People’s Republic of China, USITC Pub. 

4025, Inv. Nos. 701–TA–450 (Final) 

(July 2008). 

DATED: Effective Date: August 7, 2008. 

Contact Information: Gene Calvert or 

Paul Matino, AD/CVD Operations, 

Office 6, Import Administration, 

International Trade Administration, 

Department of Commerce, 14th Street 

and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–3586 or (202) 482–4146, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Scope of the Order 

The merchandise covered by this 

order is laminated woven sacks. 

Laminated woven sacks are bags or 

sacks consisting of one or more plies of 

fabric consisting of woven 

polypropylene strip and/or woven 

polyethylene strip, regardless of the 

width of the strip; with or without an 

extrusion coating of polypropylene and/ 

or polyethylene on one or both sides of 

the fabric; laminated by any method 

either to an exterior ply of plastic film 

such as biaxially-oriented 

polypropylene (BOPP) or to an exterior 

ply of paper that is suitable for high 

quality print graphics; 1 printed with 

three colors or more in register; with or 

without lining; whether or not closed on 

one end; whether or not in roll form 

(including sheets, lay-flat tubing, and 

sleeves); with or without handles; with 

or without special closing features; not 

exceeding one kilogram in weight. 

Laminated woven sacks are typically 

used for retail packaging of consumer 

goods such as pet foods and bird seed. 

Effective July 1, 2007, laminated 

woven sacks are classifiable under 

Harmonized Tariff Schedule of the 

United States (HTSUS) subheadings 

6305.33.0050 and 6305.33.0080. 

Laminated woven sacks were previously 

classifiable under HTSUS subheading 

6305.33.0020. If entered with plastic 


sroberts on PROD1PC70 with NOTICES