[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Notices]
[Pages 29972-29974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12960]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-956]


Certain Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from the People's Republic of China: Amended Preliminary 
Determination of Sales at Less Than Fair Value

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

EFFECTIVE DATE: May 28, 2010.
SUMMARY: The Department of Commerce (``Department'') has determined 
that it made certain significant ministerial errors in the preliminary 
determination of sales at less than fair value in the antidumping duty 
investigation of certain seamless carbon and alloy steel standard, 
line, and pressure pipe (``seamless pipe'') from the People's Republic 
of China (``PRC''). As a result, we are amending our preliminary 
determination to correct certain significant ministerial errors with 
respect to the antidumping duty margins for a mandatory respondent and 
for exporters eligible for a separate rate.

FOR FURTHER INFORMATION CONTACT: Magd Zalok, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-4162.

SUPPLEMENTARY INFORMATION: On April 28, 2010, the Department published 
its affirmative preliminary determination in this proceeding. See 
Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure 
Pipe From the People's Republic of China: Preliminary Determination of 
Sales at Less Than Fair Value, Affirmative Preliminary Determination of 
Critical Circumstances, in Part, and Postponement of Final 
Determination, 75 FR 22372 (April 28, 2010) (``Preliminary 
Determination''). On May 3, 2010, Tianjin Pipe (Group) Corporation and 
Tianjin Pipe International Economic and Trading Corporation 
(collectively ``TPCO'') submitted ministerial error allegations with 
respect to the margin calculations for TPCO in the Preliminary 
Determination, alleging certain errors in conversion, arithmetic, and 
surrogate value calculations. No other interested party submitted 
ministerial error allegations. After reviewing TPCO's allegations, we 
have determined that the Preliminary Determination contains ministerial 
errors. We agree that the ministerial errors are ``significant'' as 
that term is defined in 19 CFR 351.224(g). Therefore, pursuant to 19 
CFR 351.224(e), we have made changes to the Preliminary Determination.

Scope of Investigation

    The merchandise covered by this investigation is certain seamless 
carbon and alloy steel (other than stainless steel) pipes and redraw 
hollows, less than or equal to 16 inches (406.4 mm) in outside 
diameter, regardless of wall-thickness, manufacturing process (e.g., 
hot-finished or cold-drawn), end finish (e.g., plain end, beveled end, 
upset end, threaded, or threaded and coupled), or surface finish (e.g., 
bare, lacquered or coated). Redraw hollows are any unfinished carbon or 
alloy steel (other

[[Page 29973]]

than stainless steel) pipe or ``hollow profiles'' suitable for cold 
finishing operations, such as cold drawing, to meet the American 
Society for Testing and Materials (``ASTM'') or American Petroleum 
Institute (``API'') specifications referenced below, or comparable 
specifications. Specifically included within the scope are seamless 
carbon and alloy steel (other than stainless steel) standard, line, and 
pressure pipes produced to the ASTM A-53, ASTM A-106, ASTM A-333, ASTM 
A-334, ASTM A-335, ASTM A-589, ASTM A-795, ASTM A-1024, and the API 5L 
specifications, or comparable specifications, and meeting the physical 
parameters described above, regardless of application, with the 
exception of the exclusion discussed below. Specifically excluded from 
the scope of the investigation are unattached couplings. The 
merchandise covered by the investigation is currently classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') under item 
numbers: 7304.19.1020, 7304.19.1030, 7304.19.1045, 7304.19.1060, 
7304.19.5020, 7304.19.5050, 7304.31.6050, 7304.39.0016, 7304.39.0020, 
7304.39.0024, 7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040, 
7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 
7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060, 7304.59.6000, 
7304.59.8010, 7304.59.8015, 7304.59.8020, 7304.59.8025, 7304.59.8030, 
7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, 7304.59.8055, 
7304.59.8060, 7304.59.8065, and 7304.59.8070.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the merchandise subject to 
this scope is dispositive.

Ministerial-Error Allegations

    A ministerial error is defined 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. See 19 CFR 351.224(f). A significant ministerial error is 
defined as a ministerial error, the correction of which, singly or in 
combination with other errors, (1) would result in a change of at least 
five absolute percentage points in, but not less than 25 percent of, 
the weighted-average dumping margin calculated in the original 
(erroneous) preliminary determination; or (2) would result in a 
difference between a weighted-average dumping margin of zero or de 
minimis and a weighted-average dumping margin of greater than de 
minimis or vice versa. See 19 CFR 351.224(g).
    After reviewing the ministerial error allegations submitted by TPCO 
in its May 3, 2010, submission, the Department agrees that some of the 
errors alleged by TPCO are ministerial errors within the meaning of 19 
CFR 351.224(f), and that these errors are significant pursuant to 19 
CFR 351.224(e). We are amending the Preliminary Determination to 
correct these ministerial errors. See the ``Ministerial Error 
Memorandum, Amended Preliminary Determination of Sales at Less Than 
Fair Value: Certain Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from the People's Republic of China,'' dated concurrently 
with this Federal Register notice, for a discussion of the ministerial 
error allegations. See also Appendix I for a list of the ministerial 
error allegations.
    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 733(d) and (f) of the 
Act.

Amended Preliminary Determination

    As a result of our correction of significant ministerial errors in 
the Preliminary Determination, we have determined that the following 
weighted-average dumping margin applies:

Tianjin Pipe International Economic and                           22.67%
 Trading Corporation.....................
        Produced by:Tianjin Pipe (Group)
         Corporation.....................
Xigang Seamless Steel Tube Co., Ltd......                         57.30%
        Produced by: Xigang Seamless
         Steel Tube Co., Ltd., and Wuxi
         Seamless Special Pipe Co., Ltd..
Jiangyin City Changjiang Steel Pipe Co.,                          57.30%
 Ltd.....................................
        Produced by: Jiangyin City
         Changjiang Steel Pipe Co., Ltd..
Pangang Group Chengdu Iron & Steel Co.,                           57.30%
 Ltd.....................................
        Produced by: Pangang Group
         Chengdu Iron & Steel Co., Ltd...
Yangzhou Lontrin Steel Tube Co., Ltd.....                         57.30%
        Produced by: Yangzhou Lontrin
         Steel Tube Co., Ltd.............
Yangzhou Chengde Steel Tube Co., Ltd.....                         57.30%
        Produced by: Yangzhou Chengde
         Steel Tube Co., Ltd.............
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International Trade Commission Notification

    In accordance with section 733(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 
determine before the later of 120 days after the date of the 
preliminary determination or 45 days after our final determination 
whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports, or 
sales (or the likelihood of sales) for importation, of the subject 
merchandise.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: May 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

Issue 1: Whether the Department correctly added freight costs to the 
surrogate value for water.
Issue 2: Whether the Department correctly deducted the value of by-
products from the calculation of the normal value.
Issue 3: Whether the Department correctly added rail freight to the 
value of ferromanganese.
Issue 4: Whether the Department correctly applied the appropriate price 
corresponding to the type of blast furnace pellets used by TPCO.
Issue 5: Whether the Department used the correct currency conversion 
for the inputs of EMAG, TEFRRO, MCARBON, and LCFERRO.
Issue 6: Whether the Department correctly valued steel billets.

[[Page 29974]]

Issue 7: Whether the Department's calculations correctly considered the 
weight of the green pipe caps.
Issue 8: Whether the Department should adjust the adverse facts 
available rate applied to TPCO's U.S. affiliate's downstream sales.
[FR Doc. 2010-12960 Filed 5-27-10; 8:45 am]
BILLING CODE 3510-DS-S