[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16071-16072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7216]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-936]


Circular Welded Carbon Quality Steel Line Pipe from the People's 
Republic of China: Notice of Amended Final Determination Pursuant to 
Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 11, 2009, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (the Department) 
remand determination in Circular Welded Carbon Quality Steel Line Pipe 
from the People's Republic of China: Final Affirmative Countervailing 
Duty Determination, 73 FR 70961 (Nov. 24, 2008) (Line Pipe from the 
PRC), amended by Circular Welded Carbon Quality Steel Line Pipe from 
the People's Republic of China: Notice of Amended Final Affirmative 
Countervailing Duty Determination and Notice of Countervailing Duty 
Order, 74 FR 4136 (Jan. 23, 2009) (Amended Line Pipe from the PRC). 
Because all litigation in this matter has concluded, the Department is 
issuing the amended final determination in Line Pipe from the PRC in 
accordance with the CIT's decision.

EFFECTIVE DATE: March 31, 2010.

FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Ave., NW., 
Washington, DC 20230; telephone: 202/482-1009.

SUPPLEMENTARY INFORMATION:

Background

    On November 24, 2008, the Department published its affirmative 
countervailing duty determination in Line Pipe from the PRC. On January 
23, 2009, the Department published an amended affirmative 
countervailing duty determination in conjunction with the 
countervailing duty order. See Amended Line Pipe from the PRC. After 
correcting for ministerial errors, the Department calculated an amended 
subsidy rate for Huludao Seven-Star Steel Pipe Group Co., Ltd. (Huludao 
Seven Star Group), Huludao Steel Pipe Industrial Co. Ltd. (Huludao 
Steel Pipe), and Huludao Bohai Oil Pipe Industrial Co. Ltd. (Huludao 
Bohai) (collectively, the Huludao Companies) of 31.29 percent. Id.

[[Page 16072]]

    In Line Pipe from the PRC, the Department found that suppliers of 
hot-rolled steel were government-owned with a single exception for the 
Huludao Companies. Accordingly, the Department determined that supplier 
to be a private company and thus did not include the hot-rolled steel 
from that supplier in the Huludao Companies' subsidy calculation. 
Petitioners, United States Steel Corporation and Maverick Tube 
Corporation, challenged Line Pipe from the PRC before the CIT, arguing 
in relevant part that the Department erred in finding that supplier of 
hot-rolled steel to the Huludao Companies to be a private company and 
not a state-owned enterprise. On September 10, 2009, the CIT granted 
the Department's request for a voluntary remand for the limited purpose 
of ``reconsidering and, as necessary, correcting a potential error 
related to the factual finding concerning the ownership of a supplier 
of hot-rolled steel'' to the Huludao Companies. United States Steel 
Corp. et al. v. United States, Consol. Court No. 09-00086 (Ct. Int'l 
Trade Sept. 10, 2009) (order granting motion for voluntary remand).
    The Department issued its remand redetermination on October 20, 
2009. See United States Steel Corp. et al. v. United States, Consol. 
Court No. 09-00086, Final Redetermination Pursuant to Remand (Oct. 20, 
2009) (Final Redetermination). On remand, the Department determined its 
previous finding concerning the private ownership of the supplier of 
hot-rolled steel to the Huludao Companies to be in error. The 
Department corrected for that error by finding the supplier in question 
to be government-owned through the application of adverse facts 
available. See Final Redetermination at 3. As a result of that 
correction, the Department calculated a revised subsidy rate for the 
Huludao Companies of 33.43 percent and a revised all-others rate 
pursuant to section 705(c)(5)(A) of the Tariff Act of 1930, as amended 
(the Act), of 36.74 percent.\1\ Id. at 4.
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    \1\ The all-others rate was recalculated using a simple average 
of the two responding firms' subsidy rates. See Line Pipe from the 
PRC, 73 FR at 70962-63.
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Amended Final Determination

    On December 11, 2009, the CIT sustained the Department's remand 
redetermination in its entirety. See United States Steel Corp. et al. 
v. United States, Slip Op. 09-137 (Ct. Int'l Trade Dec. 11, 2009).
    Because there is now a final and conclusive decision in the court 
proceeding, we are further amending Line Pipe from the PRC to reflect 
the results of the Department's remand redetermination, i.e., the 
inclusion of the previously excluded supplier to the subsidy 
calculations. Accordingly, we will instruct CBP to collect cash 
deposits of estimated countervailing duties at the rate of 33.00 
percent of the free on board (f.o.b.) invoice price on all shipments of 
subject merchandise from the Huludao Companies entered or withdrawn 
from warehouse, for consumption, on or after publication date of this 
notice in the Federal Register. Additionally, we will instruct CBP to 
collect cash deposits of estimated countervailing duties at the rate of 
36.53 percent of the f.o.b. invoice price on all shipments of subject 
merchandise from companies subject to the all-others rate pursuant to 
section 705(c)(5)(A) of the Act, entered or withdrawn from warehouse, 
for consumption, on or after publication date of this notice in the 
Federal Register.
    This determination is published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: March 25, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-7216 Filed 3-30-10; 8:45 am]
BILLING CODE 3510-DS-S