[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Notices]
[Pages 9368-9370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02903]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-944]
Certain Oil Country Tubular Goods From the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative
Review; 2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
an administrative review of the countervailing duty order on certain
oil country tubular goods (``OCTG'') from the People's Republic of
China (``PRC''). The period of review (``POR'') is January 1, 2011,
through December 31, 2011. We preliminarily determine that Wuxi
Seamless Oil Pipe Co., Ltd. (``Wuxi'') and Jiangsu Chengde Steel Tube
Share Co., Ltd. (``Jiangsu Chengde'') received countervailable
subsidies during the POR.
DATES: Effective Date: February 8, 2013.
FOR FURTHER INFORMATION CONTACT: Joshua Morris or Christopher Siepmann,
AD/CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1779 or (202) 482-7958, respectively.
Scope of the Order
The scope of the order consists of OCTG. The merchandise subject to
the order is currently classified in the Harmonized Tariff Schedule of
the United States (``HTSUS'') under item numbers: 7304.29.10.10,
7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 7304.29.10.50,
7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 7304.29.20.20,
7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60,
7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 7304.29.31.30,
7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 7304.29.31.80,
7304.29.41.10,
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7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The OCTG coupling stock covered by the order may also enter under
the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00,, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, and 7304.59.80.80. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description,
available in Certain Oil Country Tubular Goods From the People's
Republic of China: Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 75 FR 3203 (January 20,
2010), remains dispositive.
A full description of the scope of the order is contained in the
memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration, ``Decision Memorandum
for Preliminary Results of Countervailing Duty Administrative Review:
Certain Oil Country Tubular Goods from the People's Republic of
China,'' dated concurrently with this notice (``Preliminary Decision
Memorandum''), which is hereby adopted by this notice.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, Room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Internet at http://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). For
each of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific. See sections 771(5)(B)and (D) of the
Act regarding financial contribution; section 771(5)(E) of the Act
regarding benefit; and, section 771(5A) of the Act regarding
specificity. See sections 776(a) and (b) of the Act.
In making these findings, we have relied, in part, on facts
available and, because one or more respondents did not act to the best
of their ability to respond to the Department's requests for
information, we have drawn an adverse inference in selecting from among
the facts otherwise available. See sections 776(a) and (b) of the Act.
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
Finally, the Department was not able to make a preliminary
determination of countervailability for certain programs because it
requires additional information. See Preliminary Decision Memorandum at
``Analysis of Programs--II. Programs For Which More Information is
Required.'' We intend to seek that information prior to our final
results.
For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine a net
subsidy rate of 7.33 percent for Wuxi and a net subsidy rate of 1.84
percent for Jiangsu Chengde for the period January 1, 2011, through
December 31, 2011.
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\1\ Due to
the anticipated timing of the release of post-preliminary analysis
memoranda, interested parties may submit written comments (case briefs)
for this administrative review no later than one week after the
issuance of the last post-preliminary analysis memorandum, and rebuttal
comments (rebuttal briefs) within five days after the time limit for
filing case briefs.\2\ Pursuant to 19 CFR 351.309(d)(2), rebuttal
briefs must be limited to issues raised in the case briefs. Parties who
submit arguments are requested to submit with the argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.
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\1\ See 19 CFR 351.224(b).
\2\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce within
30 days after the date of publication of this notice.\3\ Requests
should contain the party's name, address, and telephone number, the
number of participants, and a list of the issues to be discussed. If a
request for a hearing is made, we will inform parties of the scheduled
date for the hearing which will be held at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and location to be determined.\4\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\3\ See 19 CFR 351.310(c).
\4\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using IA ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
issuance of these preliminary results.
Assessment Rates
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the
[[Page 9370]]
notice of final results of administrative review for all shipments of
OCTG from the PRC entered, or withdrawn from warehouse, for consumption
on or after the date of publication as provided by section 751(a)(2) of
the Act: (1) The cash deposit rate for Wuxi and Jiangsu Chengde will be
the rate established in the final results of this administrative
review; (2) for merchandise exported by manufacturers or exporters not
covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 13.20 percent, the all-others rate
established in Certain Oil Country Tubular Goods from the People's
Republic of China: Final Affirmative Countervailing Duty Determination,
Final Negative Critical Circumstances Determination, 74 FR 64045
(December 7, 2009). These cash deposit requirements, when imposed,
shall remain in effect until further notice.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: February 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope of the Order
2. Use of Facts Otherwise Available and Adverse Inferences
3. Subsidies Valuation Information
4. Analysis of Programs
[FR Doc. 2013-02903 Filed 2-7-13; 8:45 am]
BILLING CODE 3510-DS-P