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The petitioners in this investigation are Allied Tube and Conduit, JMC Steel Group, United States Steel Corporation, and Wheatland Tube Corporation ("Wheatland Tube").
The period for which we are measuring subsidies, or period of investigation, is January 1, 2010, through December 31, 2010.
The following events have occurred since the
We received comments from Wheatland Tube addressing the GSO's submission on April 6, April 19, April 27, May 10, May 25, 2012 and a request for hearing on April 30, 2012. Wheatland Tube also submitted factual information/pre-verification comments on June 1, 2012.
The Department conducted verification of Al Jazeera's and the GSO's questionnaire responses from June 11 to June 15, 2012. We issued our verification reports on August 21 (Al Jazeera) and August 23, 2012 (GSO).
The GSO and Al Jazeera, and Wheatland Tube submitted case and rebuttal briefs on September 5, and September 10, 2012, respectively. A public hearing was held on September 14, 2012.
In accordance with the preamble to the Department's regulations, we set aside a period of time in our
For the reasons explained in the
This investigation covers welded carbon-quality steel pipes and tube, of circular cross-section, with an outside diameter ("O.D.") not more than 16 inches (406.4 mm), regardless of wall thickness, surface finish (
Subject pipe is ordinarily made to ASTM specifications A53, A135, and A795, but can also be made to other specifications. Structural pipe is made primarily to ASTM specifications A252 and A500. Standard and structural pipe may also be produced to proprietary specifications rather than to industry specifications. Fence tubing is included in the scope regardless of certification to a specification listed in the exclusions below, and can also be made to the ASTM A513 specification. Sprinkler pipe is designed for sprinkler fire suppression systems and may be made to industry specifications such as ASTM A53 or to proprietary specifications. These products are generally made to standard O.D. and wall thickness combinations. Pipe multi-stenciled to a standard and/or structural specification and to other specifications, such as American Petroleum Institute ("API") API-5L specification, is also covered by the scope of this investigation when it meets the physical description set forth above, and also has one or more of the following characteristics: is 32 feet in length or less; is less than 2.0 inches (50mm) in outside diameter; has a galvanized and/or painted (
The scope of this investigation does not include: (a) Pipe suitable for use in boilers, superheaters, heat exchangers, refining furnaces and feedwater heaters, whether or not cold drawn; (b) finished electrical conduit; (c) finished scaffolding;
The pipe subject to this investigation is currently classifiable in Harmonized Tariff Schedule of the United States ("HTSUS") statistical reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110, 7306.19.5150, 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000, 7306.50.5050, and 7306.50.5070. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the investigation is dispositive.
All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, entitled "Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Circular Welded Carbon-Quality Steel Pipe from the Sultanate of Oman" (October 15, 2012) (hereafter, "Decision Memorandum"), which is hereby adopted by this notice. Attached to this notice as an Appendix is a list of the issues that parties have raised and to which we have responded in the Decision Memorandum. This 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
In accordance with section 705(c)(1)(B)(i)(I) of the Tariff Act of 1930, as amended (the "Act"), we calculated an individual rate for Al Jazeera, the only producer/exporter individually investigated in this proceeding. Section 705(c)(5)(A)(i) of the Act states that for companies not investigated, we will determine an "all-others" rate equal to the weighted average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and
We determine the total net countervailable subsidy rates to be:
In accordance with section 705(c)(1)(C) of the Act, we are directing U.S. Customs and Border Protection to suspend liquidation of all entries of circular welded pipe from Oman that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the
If the United States International Trade Commission ("ITC") issues a final affirmative injury determination, we will issue a countervailing duty order pursuant to section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated deposits or securities posted as a result of the suspension of liquidation will be refunded or canceled.
In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order ("APO"), without the written consent of the Assistant Secretary for Import Administration.
In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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.
This determination is published pursuant to sections 705(d) and 777(i) of the Act.
Comment 1Whether the program is specific because it provides prohibited export subsidies.
Comment 2Whether the program is
Comment 3Whether the Department should find the tariff exemptions specific on the basis of adverse facts available (AFA).
Comment 4Whether the GSO's subsidization of the Sohar Industrial Estate (SIE) is regionally specific.
Comment 5Whether the GSO failed to provide its economic plans thus warranting the application of AFA for the GSO's subsidization of the SIE.
Comment 6Whether the GSO's provision of natural gas in the SIE is specific.
Comment 7Whether the GSO impeded the investigation and did not act to the best of its ability with respect to its provision of water in Sohar.
Comment 8Whether the GSO's provision of land confers a benefit.
Comment 9Whether the GSO's provision of electricity confers a benefit.
Comment 10Whether the loans provided under the RD 17/97 are specific.