[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Notices]
[Pages 67417-67419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26787]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-966]
Drill Pipe From the People's Republic of China: Preliminary
Results of Countervailing Duty Administrative Review; 2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty (CVD) order on drill
pipe from the People's Republic of China (PRC). The period of review
(POR) is January 1, 2013, through December 31, 2013. We preliminarily
determine that Shanxi Yida Special Steel Imp. & Exp. Co., Ltd. and its
cross-owned affiliates received countervailable subsidies during the
POR.
DATES: Effective Date: November 13, 2014.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
4793.
Scope of the Order
The scope of the order consists of steel drill pipe and steel drill
collars, whether or not conforming to American Petroleum Institute
(API) or non-API specifications. The merchandise subject to the order
is currently classifiable under the Harmonized Tariff Schedule of the
United States (HTSUS) categories: 7304.22.0030, 7304.22.0045,
7304.22.0060, 7304.23.3000, 7304.23.6030, 7304.23.6045, 7304.23.6060,
8431.43.8040 and may also enter under 8431.43.8060, 8431.43.4000,
7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044,
7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.49.0015, 7304.49.0060,
7304.59.8020, 7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040,
7304.59.8045, 7304.59.8050, and 7304.59.8055. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written product description 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 Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results of Countervailing Duty
Administrative Review: Drill Pipe from the People's Republic of China''
(Preliminary Decision Memorandum), dated concurrently with this notice,
and hereby adopted by this notice.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance'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
[[Page 67418]]
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the
electronic version of the Preliminary Decision Memorandum are identical
in content. A list of topics discussed in the Preliminary Decision
Memorandum is provided in the Appendix to this notice.
Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For the
program 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.
In making the preliminary findings, we relied, in part, on facts
available and, because the Government of the PRC did not act to the
best of its ability to respond to the Department's requests for
information, we applied 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.
For a full description of the methodology underlying the
Department's conclusions, see Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine a net
countervailable subsidy rate of 3.57 percent ad valorem for Shanxi Yida
Special Steel Imp. & Exp. Co., Ltd. and its cross-owned affiliates
Shanxi Yida Special Steel Group Co., Ltd. and Shanxi Yida Petroleum
Equipment Manufacturing Co., Ltd. (collectively, the Yida Group), for
the period January 1, 2013, through December 31, 2013.
Disclosure and Public Comment
The Department intends to 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\
Interested parties may submit written arguments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within five days after the time limit for filing the
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) Statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
---------------------------------------------------------------------------
\1\ See 19 CFR 351.224(b).
\2\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
---------------------------------------------------------------------------
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 Enforcement and Compliance, 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.
---------------------------------------------------------------------------
\3\ See 19 CFR 351.310(c).
\4\ See 19 CFR 351.310.
---------------------------------------------------------------------------
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 5:00PM
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 parties in their comments, within 120 days after
issuance of these preliminary results.
Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), 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
Also in accordance with section 751(a)(1) of the Act, the
Department intends to instruct CBP to collect cash deposits of
estimated countervailing duties in the amount shown above for the
reviewed company should the final results remain the same as these
preliminary results. For all non-reviewed firms, we will instruct CBP
to collect cash deposits of estimated countervailing duties at the most
recent company-specific or all-others rate applicable to the company.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
These preliminary results of administrative review and notice are
issued and published in accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR 351.213 and 351.221(b)(4).
Dated: November 4, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix: List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Subsidy Valuation Information
5. Loan Benchmark Rates
6. Use of Facts Otherwise Available and Adverse Inferences
7. Analysis of Programs
A. Program Preliminarily Determined To Be Countervailable
Provision of Electricity for Less Than Adequate Remuneration
(LTAR)
B. Program Preliminarily Determined To Not Provide Benefits
During the POR
Central and Provincial Policy Lending to Chinese Drill Pipe
Producers
C. Programs Preliminarily Determined Not To Be Used
Export Loans From Policy Banks and State-Owned
Commercial Banks
Treasury Bond Loans
Preferential Loans for State Owned Enterprises (SOEs)
Preferential Loans for Key Projects and Technologies
Preferential Lending To Drill Pipe Producers and
Exporters Classified as Honorable Enterprises
Debt-to-Equity (D/E) Swaps
Loans and Interest Forgiveness for SOEs
Two Free, Three Half Tax Exemption for Foreign Invested
Enterprises (FIEs) Exemption From City Construction Tax and
Education Tax for FIEs
Local Income Tax Exemption and Reduction Programs for
Productive FIEs Income Tax Reductions for Export-Oriented FIEs
Preferential Tax Programs for FIEs Recognized as High
or New Technology Enterprises
Reduction In or Exemption From Fixed Assets Investment
Orientation Regulatory Tax
Deed Tax Exemption for SOEs Undergoing Mergers or
Restructuring
Income Tax Credits for Domestically-Owned Companies
Purchasing Domestically-Produced Equipment
[[Page 67419]]
Import Tariff and Value-Added Tax (VAT) Exemptions for
FIEs and Certain Domestic Enterprises Using Imported Equipment in
Encouraged Industries
Export Incentive Payments Characterized as ``VAT
Rebates''
VAT Rebates to Welfare Enterprises
Provision of Green Tubes for LTAR
Provision of Steel Rounds for LTAR
Provision of Hot-Rolled Steel for LTAR
Provision of Coking Coal for LTAR
Provision of Land-Use Rights Within Designated
Geographical Areas for LTAR
Provision of Land to SOEs for LTAR
Provision of Electricity at LTAR To Drill Pipe
Producers Located in Jiangsu Province
Provision of Water at LTAR To Drill Pipe Producers
Located in Jiangsu Province
Technology To Improve Trade R&D Fund
Outstanding Growth Private Enterprise and Small and
Medium-Sized Enterprises
Development in Jiangyin Fund
GOC and Sub-Central Government Grants, Loans, and Other
Incentives for Development of Famous Brands and China World Top
Brands
Scientific Innovation Award
Development Fund Grant
State Key Technology Project Fund
Export Assistance Grants
Programs To Rebate Antidumping Legal Fees
Grants and Tax Benefits to Loss-Making SOEs at National
and Local Level
Subsidies Provided To Drill Pipe Producers Located in
Economic and Technological Development Zones (ETDZs) in Tianjin
Binhai New Area
Subsidies Provided To Drill Pipe Producers Located in
ETDZs in Tianjin Economic and Technological Development Areas
Subsidies Provided To Drill Pipe Producers Located in
High-Tech Industrial Development Zones
8. Conclusion
[FR Doc. 2014-26787 Filed 11-12-14; 8:45 am]
BILLING CODE 3510-DS-P