[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Notices]
[Pages 43981-43983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18570]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-930]


Circular Welded Austenitic Stainless Pressure Pipe From the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review

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

SUMMARY: On March 31, 2011, the Department of Commerce (``Department'') 
published the Preliminary Results of the first administrative review of 
the antidumping duty order on circular welded austenitic stainless 
pressure pipe from the People's Republic of China (``PRC'').\1\ In the 
Preliminary Results, the Department determined a de minimis weighted-
average margin for the sole respondent during the period of review 
(``POR''). The Department gave interested parties an opportunity to 
comment on the Preliminary Results. After considering interested 
parties' comments, the Department has made no changes to the 
Preliminary Results. Therefore, the Department continues to find that 
sales have not been made below normal value (``NV'') by the respondent 
in the final results of this administrative review. The final de 
minimis weighted-average margin is listed below in the ``Final Results 
of the Review'' section of this notice. The POR is September 5, 2008 
through February 28, 2010.
---------------------------------------------------------------------------

    \1\ See Circular Welded Austenitic Stainless Pressure Pipe From 
the People's Republic of China: Preliminary Results of Antidumping 
Duty Administrative Review, 76 FR 17819 (March 31, 2011) 
(``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: July 22, 2011.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Brandon Farlander, AD/
CVD Operations, Office 4, Import Administration, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-4162 or (202) 
482-0182, respectively.

Case History

    On March 31, 2011, the Department published the Preliminary Results 
of this administrative review. On May 2, 2011, the Department received 
a case brief from domestic interested parties,\2\ and, on May 9, 2011, 
the Department received a rebuttal brief from Zhejiang Jiuli Hi-Tech 
Metals Co., Ltd. (``Jiuli TC'') and Huzhou Jiuli Welded Stainless Steel 
Pipe Co., Ltd. (``Jiuli SD Co.''), the collapsed respondent in this 
administrative review.
---------------------------------------------------------------------------

    \2\ Specifically, Bristol Metals LLC, Felker Brothers 
Corporation, Marcegaglia U.S.A. Inc., and Outokumpu Stainless 
Products.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the ``Circular Welded Austenitic Stainless Pressure Pipe 
from the People's Republic of China: Issues and Decision Memorandum for 
the Final Results of the First Antidumping Duty Administrative 
Review,'' dated concurrently with this notice (``I&D Memorandum''), 
which is hereby adopted by this notice. A list of the issues which 
parties raised, and to which the Department has responded in the I&D 
Memorandum, is attached to this notice as an Appendix. The I&D 
Memorandum is a public document and is on file in the Central Records 
Unit (``CRU''), Main Commerce Building,

[[Page 43982]]

Room 7046, and is accessible on the Department's Web site at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
memorandum are identical in content.

Changes Since the Preliminary Results

    As indicated above, the Department made no changes to the 
Preliminary Results margin calculation in the final results of this 
administrative review. For further details on the issues raised by 
interested parties and the Department's positions on such issues, 
please see the I&D Memorandum.

Scope of the Order

    The merchandise covered by the 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 only, the written description of the scope of the 
order is dispositive.

Affiliation and Collapsing

    In the Preliminary Results, the Department found that Jiuli TC and 
Jiuli SD Co. are affiliated pursuant to section 771(33)(E) of the 
Tariff Act of 1930 (as amended) (the ``Act''). Additionally, pursuant 
to 19 CFR 351.401(f)(1) and (2), the Department found that the totality 
of the record evidence supported collapsing Jiuli TC and Jiuli SD Co. 
into a single entity. Accordingly, the Department based its margin 
calculation on record information pertaining to Jiuli TC and Jiuli SD 
Co. For further discussion on the Department's preliminary decision to 
collapse Jiuli TC with Jiuli SD Co., see Memorandum to Abdelali 
Elouaradia, Office Director, ``Whether to Collapse Zhejiang Jiuli Hi-
Tech Metals Co., Ltd. and Huzhou Jiuli Welded Stainless Steel Pipe Co., 
Ltd.'', dated March 25, 2011. Since the Preliminary Results, the 
Department received no comments regarding its finding that Jiuli TC and 
Jiuli SD Co. are a single entity. Accordingly, the Department has 
continued to treat these two affiliated companies as a single entity 
for purposes of the final results of this administrative review.

Non-Market Economy Treatment

    The Department considers the PRC to be a non-market economy 
(``NME'') country.\3\ In accordance with section 771(18)(C)(i) of the 
Act, any determination that a foreign country is an NME country shall 
remain in effect until revoked by the administering authority. No party 
has challenged the designation of the PRC as an NME country in this 
review. Therefore, the Department continues to treat the PRC as an NME 
country for purposes of the final results of this administrative 
review.
---------------------------------------------------------------------------

    \3\ See, e.g., Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination: Coated Free 
Sheet Paper from the People's Republic of China, 72 FR 30758, 30760 
(June 4, 2007), unchanged in Final Determination of Sales at Less 
Than Fair Value: Coated Free Sheet Paper from the People's Republic 
of China, 72 FR 60632 (October 25, 2007).
---------------------------------------------------------------------------

Surrogate Country

    In the Preliminary Results, the Department selected India as the 
primary surrogate country for the following reasons: (1) It is a 
significant producer of comparable merchandise; (2) it is at a level of 
economic development similar to that of the PRC pursuant to section 
773(c)(4) of the Act; and (3) the Department has reliable data from 
India that it can use to value the factors of production. No party 
submitted comments challenging the Department's selection of the 
primary surrogate country. Hence, the Department is continuing to use 
India as the primary surrogate country for the final results of this 
administrative review.

Separate Rates

    In proceedings involving NME countries, the Department holds a 
rebuttable presumption that all companies within the country are 
subject to government control and, thus, should be assessed a single 
antidumping duty rate. It is the Department's policy to assign all 
exporters of subject merchandise in an NME country this single rate 
unless an exporter can demonstrate that it is sufficiently independent 
so as to be entitled to a separate rate.\4\ Based on the evidence 
placed on the record of this administrative review, the Department 
preliminarily found that Jiuli TC/Jiuli SD Co. met the criteria for 
separate rate status. See the Preliminary Results. Since the 
Preliminary Results, the Department received no comments challenging 
its finding that Jiuli TC/Jiuli SD Co. met the criteria for separate 
rate status. Accordingly, the Department continues to find that Jiuli 
TC/Jiuli SD Co. meets the criteria for separate rate status for 
purposes of the final results of this administrative review.
---------------------------------------------------------------------------

    \4\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Sparklers from the People's Republic of China, 56 FR 20588 
(May 6, 1991), as further developed in Notice of Final Determination 
of Sales at Less Than Fair Value: Silicon Carbide from the People's 
Republic of China, 59 FR 22585 (May 2, 1994).
---------------------------------------------------------------------------

Final Results of the Review

    The weighted-average dumping margin for the POR is as follows:

------------------------------------------------------------------------
                                                               Weighted
                                                               average
                          Exporter                              margin
                                                              (percent)
------------------------------------------------------------------------
Zhejiang Jiuli Hi-Tech Metals Co., Ltd./Huzhou Jiuli Welded         0.01
 Stainless Steel Pipe Co., Ltd.............................
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries \5\ of subject merchandise in accordance with the 
final results of this review. Pursuant to 19 CFR 351.212(b)(1), the 
Department will calculate importer-specific (or customer-specific) ad 
valorem duty assessment rates based on the ratio of the total amount of 
the dumping margins calculated for the examined sales to the total 
entered value of those same sales. In accordance with 19 CFR 
351.106(c)(2), the Department will

[[Page 43983]]

instruct CBP to liquidate, without regard to antidumping duties, all 
entries of subject merchandise during the POR for which the importer-
specific assessment rate is zero or de minimis. The Department intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of this review.
---------------------------------------------------------------------------

    \5\ Appropriate entries would not include entries during the gap 
period. The gap period represents the period of time after the 
expiration of the 180-day provisional measures period during the 
original investigation, to the day prior to the U.S. International 
Trade Commission's final determination. In the instant case, the gap 
period is March 4, 2009, to March 16, 2009.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter 
listed above, the cash deposit rate will be the rate established in the 
final results of this review (except, if the rate is zero or de 
minimis, i.e., less than 0.5 percent, no cash deposit will be required 
for that company); (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that have separate rates, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the PRC-wide rate of 55.21 percent; 
and (4) for all non-PRC exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the PRC exporters that supplied that non-PRC exporter. 
These deposit requirements, when imposed, shall remain in effect until 
further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Disclosure

    The Department will disclose the calculations performed in these 
final results within five days of the date of public announcement of 
the final results to parties in this proceeding in accordance with 19 
CFR 351.224(b).
    The Department is issuing and publishing this administrative review 
and notice in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: July 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I--Issues & Decision Memorandum

Issues

    Comment 1: The Reported Input Quantity of Steel.
    Comment 2: The Reported Scrap Offset.

[FR Doc. 2011-18570 Filed 7-21-11; 8:45 am]
BILLING CODE 3510-DS-P