[Federal Register Volume 75, Number 182 (Tuesday, September 21, 2010)]
[Notices]
[Pages 57456-57457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23548]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-914]


Light-Walled Rectangular Pipe and Tube from the People's Republic 
of China: Final Results of the 2008-2009 Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 14, 2010, the Department of Commerce (the 
``Department'') published the preliminary results of the administrative 
review of the antidumping duty order on light-walled rectangular pipe 
and tube from the People's Republic of China (``PRC''), covering the 
period January 20, 2008, through July 31, 2009. See Light-Walled 
Rectangular Pipe and Tube from the People's Republic of China: 
Preliminary Results of the 2008-2009 Antidumping Duty Administrative 
Review, 75 FR 27308 (May 14, 2010) (``Preliminary Results''). We gave 
interested parties an opportunity to comment on the Preliminary 
Results. After reviewing the interested parties' comments, we made 
changes to our calculations for the final results of the review. The 
final dumping margin for this review is listed in the ``Final Results 
of Review'' section below.

EFFECTIVE DATE: September 21, 2010.

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 
or (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Following the Preliminary Results, the Department issued additional 
supplemental questionnaires to Sun Group Inc.'s (``respondent'') U.S. 
affiliated importer FitMAX Inc. (``FitMAX'') on June 2, 2010 and June 
16, 2010. FitMAX responded on June 7, 2010, and June 21, 2010, 
respectively. Respondent submitted post-preliminary surrogate value 
comments on June 1, 2010, and on June 11, 2010, petitioners\1\ 
submitted rebuttal comments. On June 28, 2010, respondent submitted a 
case brief, and on July 6, 2010, petitioners submitted a rebuttal 
brief. None of the interested parties requested a hearing.
---------------------------------------------------------------------------

    \1\ Petitioners are Atlas Tube, Bull Moose Tube Company and 
Searing Industries, Inc.
---------------------------------------------------------------------------

    As explained in the memorandum from the Deputy Assistant Secretary 
for Import Administration, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from February 5, through February 12, 2010. Thus, all 
deadlines in this segment of the proceeding were extended by seven 
days. The revised deadline for the final results of this administrative 
review was thus extended to September 11, 2010. See Memorandum to the 
Record from Ronald Lorentzen, DAS for Import Administration, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During the Recent Snowstorms,'' dated February 12, 2010.
    On June 9, 2010, the Department notified parties that as a result 
of the recent decision in Dorbest Limited et al. v. United States, No. 
2009-1257, -1266 (Fed. Cir. May 14, 2010), issued by the United States 
Court of Appeals for the Federal Circuit (``CAFC''), the Department 
would be reconsidering its valuation of labor in this review. On July 
22, 2010, the Department placed export data on the record of the review 
and gave parties until July 27, 2010, to comment on the narrow issue of 
the labor wage value in light of the CAFC's decision. On July 27, 2010, 
respondent submitted comments on the labor wage issue. No other party 
commented.

Scope of the Order

    The merchandise subject to this order is certain welded carbon-
quality light-walled steel pipe and tube, of rectangular (including 
square) cross section, having a wall thickness of less than 4 mm.
    The term carbon-quality steel includes both carbon steel and alloy 
steel which contains only small amounts of alloying elements. 
Specifically, the term carbon-quality includes products in which none 
of the elements listed below exceeds the quantity by weight 
respectively indicated: 1.80 percent of manganese, or 2.25 percent of 
silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 
1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of 
lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 
percent of molybdenum, or 0.10 percent of niobium, or 0.15 percent 
vanadium, or 0.15 percent of zirconium. The description of carbon-
quality is intended to identify carbon-quality products within the 
scope. The welded carbon-quality rectangular pipe and tube subject to 
the order is currently classified under the Harmonized Tariff Schedule 
of the United States (``HTSUS'') subheadings 7306.61.50.00 and 
7306.61.70.60.
    While HTSUS subheadings are provided for convenience and Customs 
purposes, our written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the ``Issues and Decision Memorandum for the Final Results in the 
Antidumping Duty Administrative Review of Light-Walled Rectangular Pipe 
and Tube from the People's Republic of China'' (``Issues and Decision 
Memorandum''), which is dated concurrently with and hereby adopted by 
this notice. A list of the issues that parties raised and to which we 
responded in the Issues and Decision Memorandum is attached to this 
notice as an Appendix. The Issues and Decision Memorandum is a public 
document that is on file in the Central Records Unit in room 7046 in 
the main Department building, and is accessible on the web at http://www.ia.ita.doc.gov/frn. The paper copy and electronic version of the 
memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made the 
following changes in calculating the respondent's dumping margin: (1) 
we made changes to the surrogate value for labor; and (2) we excluded 
delivery and website expenses from U.S. indirect selling expenses 
(``ISE'') used to calculate the ISE ratio. For further details, see the 
accompanying ``Issues and Decision Memorandum,'' and the memoranda 
entitled ``Analysis for the Final Results of Antidumping Duty 
Administrative Review of Light-Walled Rectangular Pipe and Tube from 
the People's Republic of China: Sun Group Inc.,'' and ``2008-2009 
Antidumping Duty Administrative Review of Light-Walled Rectangular Pipe 
and Tube from the People's Republic of China:

[[Page 57457]]

Surrogate Values for the Final Results'' memoranda, all dated September 
13, 2010.

Final Results of Review

    We determine that the following margin exists for the period 
January 20, 2008, through July 31, 2009:

           Light-Walled Rectangular Pipe and Tube from the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                       Company                         Margin (Percent)
------------------------------------------------------------------------
The Sun Group Inc...................................               27.12
------------------------------------------------------------------------

Assessment Rates

    The Department has determined, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of review.

Cash Deposit Requirements

    The following cash-deposit requirements will apply to all shipments 
of light-walled rectangular pipe and tube from the PRC entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of the final results of this administrative review, as provided by 
section 751(a)(1) of the Tariff Act of 1930, as amended (the ``Act''): 
(1) the cash deposit rate for the reviewed company named above will be 
the rate for that firm established in the final results of this 
administrative review; (2) for any previously reviewed or investigated 
PRC or non-PRC exporter, not covered in this review, with a separate 
rate, the cash deposit rate will be the company-specific rate 
established in the most recent segment of this proceeding; (3) for all 
other PRC exporters, the cash deposit rate will be the PRC-wide rate 
which is 264.64 percent; and (4) the cash-deposit rate for any non-PRC 
exporter of subject merchandise from the PRC will be the rate 
applicable to the PRC exporter that supplied that exporter. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a final reminder to parties subject to 
the administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305. Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This notice of final results is issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 13, 2010.
Ronald K. Lorentzen.
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-23548 Filed 9-20-10; 8:45 am]
BILLING CODE 3510-DS-S