[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Pages 11351-11352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5730]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-930]


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

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

EFFECTIVE DATE: March 17, 2009.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
circular welded austenitic stainless pressure pipe from the People's 
Republic of China (``PRC'').

FOR FURTHER INFORMATION CONTACT: Melissa Blackledge or Howard Smith, 
AD/CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482-
3518 and 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), on January 28, 2009, the Department 
published its final determination in the antidumping duty investigation 
of circular welded austenitic stainless pressure pipe from the PRC. See 
Circular Welded Austenitic Stainless Pressure Pipe from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 74 FR 4913 (January 28, 2009). On March 12, 2009, the ITC 
notified the Department of its affirmative final determination of 
material injury to a U.S. industry. See Welded Stainless Steel Pressure 
Pipe from China, Investigation Nos. 701-TA-454 and 731-TA-1144 (Final), 
USITC Publication, 4064 (March 2009).

Scope of the Order

    The merchandise covered by this order 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

[[Page 11352]]

only, the written description of the scope of this order is 
dispositive.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
instructions issued pursuant to an affirmative preliminary 
determination may not remain in effect for more than four months except 
where exporters representing a significant proportion of exports of the 
subject merchandise request the Department to extend that four-month 
period to no more than six months. At the request of an exporter that 
accounted for a significant proportion of exports of circular welded 
austenitic stainless pressure pipe, we extended the four-month period 
to no more than six months. 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 (September 5, 2008) (``Preliminary 
Determination'').
    In this investigation, the six-month period beginning on the date 
of the publication of the Preliminary Determination (i.e., September 5, 
2008) ended on March 3, 2009. Furthermore, section 737 of the Act 
states that definitive duties are to begin on the date of publication 
of the ITC's final injury determination. Therefore, in accordance with 
section 733(d) of the Act, we have instructed U.S. Customs and Border 
Protection (``CBP'') to terminate suspension of liquidation and to 
liquidate without regard to antidumping duties (i.e., release all bonds 
and refund all cash deposits), unliquidated entries of circular welded 
austenitic stainless pressure pipe from the PRC entered, or withdrawn 
from warehouse, for consumption after March 3, 2009, and before the 
date of publication of the ITC's final injury determination in the 
Federal Register. Suspension of liquidation will continue on or after 
the date of publication of the ITC's final injury determination in the 
Federal Register.

Antidumping Duty Order

    On March 12, 2009, in accordance with section 735(d) of the Act , 
the ITC notified the Department of its final determination, pursuant to 
section 735(b)(1)(A)(i) of the Act, that an industry in the United 
States is materially injured by reason of less-than-fair-value imports 
of subject merchandise from the PRC. Therefore, in accordance with 
section 736(a)(1) of the Act, the Department will direct CBP to assess, 
upon further instruction by the Department, antidumping duties equal to 
the amount by which the normal value of the merchandise exceeds the 
export price of the merchandise for all relevant entries of circular 
welded austenitic stainless pressure pipe from the PRC. Except for the 
entries noted above,\1\ these antidumping duties will be assessed on 
all unliquidated entries of circular welded austenitic stainless 
pressure pipe from the PRC entered, or withdrawn from the warehouse, 
for consumption on or after September 5, 2008, the date on which the 
Department published its preliminary determination. See Preliminary 
Determination.
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    \1\ Namely, entries of circular welded austenitic stainless 
pressure pipe from the PRC entered, or withdrawn from warehouse, for 
consumption after March 3, 2009, and before the date of publication 
of the ITC's final injury determination in the Federal Register.
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    Effective on the date of publication of the ITC's final affirmative 
injury determination, CBP will require, at the same time as importers 
would normally deposit estimated duties on this merchandise, a cash 
deposit equal to the estimated weighted-average antidumping duty 
margins listed below. See section 735(c)(1) of the Act. The ``PRC-
wide'' rate applies to all exporters of subject merchandise not 
specifically listed. The weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                            Weighted-
                  Exporter & Producer                     Average Margin
------------------------------------------------------------------------
Zhejiang Jiuli Hi-Tech Metals Co., Ltd. Produced by:     10.53[percnt]
 Zhejiang Jiuli Hi-Tech Metals Co., Ltd................
PRC-Wide Entity........................................  55.21[percnt]
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    This notice constitutes the antidumping duty order with respect to 
circular welded austenitic stainless pressure pipe from 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.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: March 12, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-5730 Filed 3-16-09; 8:45 am]
BILLING CODE 3510-DS-S