80 FR 30210 - Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Notice of Court Decision Not in Harmony With the Implemented Final Determination Under Section 129 of the Uruguay Round Agreements Act
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 101 (May 27, 2015)
International Trade Administration
Federal Register Volume 80, Issue 101 (May 27, 2015)
| Page Range | 30210-30211 | |
| FR Document | 2015-12786 |
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)] [Notices] [Pages 30210-30211] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12786] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-911] Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Notice of Court Decision Not in Harmony With the Implemented Final Determination Under Section 129 of the Uruguay Round Agreements Act AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 7, 2015, the United States Court of International Trade (CIT or Court) issued final judgment in Wheatland Tube Company v. United States, Consol. Court No. 12-00298, affirming the Department of Commerce's (the Department) redetermination pursuant to court remand. Consistent with section 516A of the Tariff Act of 1930, as amended (the Act), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's implemented final determination in a proceeding conducted under section 129 of the Uruguay Round Agreements Act (section 129) related to the Department's final affirmative countervailing duty determination on circular welded carbon quality steel pipe (CWP) from the People's Republic of China (China). DATES: Effective Date: May 18, 2015. FOR FURTHER INFORMATION CONTACT: Shane Subler, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0189. SUPPLEMENTARY INFORMATION: Background On July 22, 2008, the Department published antidumping duty (AD) and countervailing duty (CVD) orders on CWP imports from China.\1\ The Government of China (GOC) challenged the CWP orders and three other sets of simultaneously imposed AD and CVD orders before the WTO's Dispute Settlement Body. The WTO Appellate Body in March 2011 found that the United States had acted inconsistently with its international obligations in several respects, including the potential imposition of overlapping remedies, or so-called ``double remedies.'' \2\ The U.S. Trade Representative announced the United States' intention to comply with the WTO's rulings and recommendations, and the Department initiated a section 129 proceeding.\3\ --------------------------------------------------------------------------- \1\ See Notice of Antidumping Duty Order: Circular Welded Carbon Quality Steel Pipe from the People's Republic of China, 73 FR 42547 (July 22, 2008); Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, 73 FR 31966 (June 5, 2008); Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 73 FR 42545 (July 22, 2008) (collectively, CWP orders). \2\ See United States--Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, 611, WT/DS379/ AB/R (Mar. 11, 2011). \3\ See Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act: Certain New Pneumatic Off-the-Road Tires; Circular Welded Carbon Quality Steel Pipe; Laminated Woven Sacks; and Light-Walled Rectangular Pipe and Tube From the People's Republic of China, 77 FR 52683 (August 30, 2012) (Implementation Notice). --------------------------------------------------------------------------- On July 31, 2012, the Department issued its final determination memorandum in the section 129 CVD proceeding on, inter alia, the double remedies issue.\4\ Based on its analysis of broad manufacturing-level information, the Department found that an adjustment was warranted to the antidumping duty on U.S. CWP imports from China to account for remedies that overlap those imposed by the CVD order.\5\ On August 30, 2012, acting at the direction of the U.S. Trade Representative pursuant to section 129, the Department published a notice implementing that final determination.\6\ --------------------------------------------------------------------------- \4\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, ``Final Determination: Section 129 Proceeding Pursuant to the WTO Appellate Body's Findings in WTO DS379 Regarding the Antidumping and Countervailing Duty Investigations of Circular Welded Carbon Quality Steel Pipe from the People's Republic of China,'' (July 31, 2012) (Section 129 Final Determination). \5\ See Section 129 Preliminary Analysis Memorandum at 10; see also Memorandum from Christopher Mutz, Office of Policy, Import Administration, and Daniel Calhoun, Office of the Chief Counsel for Import Administration, to Paul Piquado, Assistant Secretary for Import Administration, ``Section 129 Determination of the Countervailing Duty Investigation of Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: `Double Remedies' Analysis Pursuant to the WTO Appellate Body's Findings in WTO DS379,'' (May 31, 2012), at 34-35. \6\ See Implementation Notice. --------------------------------------------------------------------------- Plaintiff Wheatland Tube Company, Consolidated Plaintiff-Intervenor United States Steel Corporation, and Consolidated Plaintiff-Intervenors Allied Tube and Conduit and TMK IPSCO (collectively, the Domestic Interested Parties), challenged the Department's determination at the CIT. On November 26, 2014, the Court remanded the section 129 Final Determination to the Department for further consideration of the finding that certain countervailable subsidies reduced the average price of U.S. CWP imports, such that the reduction warranted an adjustment to the companion AD rates under section 777A(f) of the Act.\7\ --------------------------------------------------------------------------- \7\ See Wheatland Tube Company v. United States, Slip Op. 14- 137, Consol. Court No. 12-00298 (CIT November 26, 2014) (Remand Order). The manner in which the Department applied that adjustment in the companion AD proceeding is the subject of Wheatland Tube Company v. United States, Consol. Court No. 12-00296, which has been stayed pending resolution of the litigation that is the subject of this notice. --------------------------------------------------------------------------- Following the CIT's issuance of the Remand Order, the Department released a questionnaire to the original respondents in the CWP CVD investigation to obtain information necessary for its analysis under the Remand Order.\8\ The Department also issued copies of the questionnaire to the GOC and its counsel in the section 129 proceeding.\9\ Neither mandatory respondent nor the GOC, however, filed a response to this questionnaire or comments. --------------------------------------------------------------------------- \8\ See Letter to Weifang East Steel Pipe Co., Ltd. (East Pipe) dated January 28, 2015, ``Section 129 Remand Redetermination of Circular Welded Carbon Quality Steel Pipe from the People's Republic of China--Domestic Subsidies Questionnaire;'' see also Letter to Zhejiang Kingland Pipeline and Technologies Co., Ltd.; Kingland Group Co., Ltd.; Beijing Kingland Century Technologies Co.; Zhejiang Kingland Pipeline Industry Co., Ltd.; and Shanxi Kingland Pipeline Co., Ltd. (collectively, Kingland), dated January 28, 2015, ``Section 129 Remand Redetermination of Circular Welded Carbon Quality Steel Pipe from the People's Republic of China--Domestic Subsidies Questionnaire.'' \9\ See Memorandum to the File from Shane Subler, International Trade Compliance Analyst, dated March 27, 2015, ``Documentation for Release of Questionnaire for Section 129 Remand Redetermination.'' --------------------------------------------------------------------------- Pursuant to the Remand Order, the Department reconsidered its finding regarding the respondents' eligibility for [[Page 30211]] an adjustment, and found no basis for making such an adjustment to the companion AD rates under section 777(A)(f)(1)(b) of the Act.\10\ --------------------------------------------------------------------------- \10\ See ``Redetermination Pursuant to Court Remand, Wheatland Tube Company v. United States, Consol. Court No. 12-00298, Slip Op. 14-137,'' (April 27, 2015) (Remand Redetermination). --------------------------------------------------------------------------- On May 7, 2015, the CIT sustained the Department's Remand Redetermination.\11\ --------------------------------------------------------------------------- \11\ See Wheatland Tube Company v. United States, Slip Op. 15- 44, Consol. Court No. 12-00298 (CIT May 7, 2015). --------------------------------------------------------------------------- Statutory Notice The CIT's May 7, 2015, judgment affirming the Remand Redetermination constitutes a final court decision that is not in harmony with the section 129 Final Determination. This notice is published in fulfillment of the statutory publication requirements. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and 777(i)(1) of the Act. Dated: May 20, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-12786 Filed 5-26-15; 8:45 am] BILLING CODE 3510-DS-P
![30210 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices
Administrative Protective Order SUPPLEMENTARY INFORMATION: the direction of the U.S. Trade
This notice also serves as the only Representative pursuant to section 129,
Background
reminder to parties subject to the Department published a notice
On July 22, 2008, the Department implementing that final determination.6
administrative protective order (APO) of
published antidumping duty (AD) and Plaintiff Wheatland Tube Company,
their responsibility concerning the
countervailing duty (CVD) orders on Consolidated Plaintiff-Intervenor United
return/destruction or conversion to
CWP imports from China.1 The States Steel Corporation, and
judicial protective order of proprietary
Government of China (GOC) challenged Consolidated Plaintiff-Intervenors
information disclosed under APO in
the CWP orders and three other sets of Allied Tube and Conduit and TMK
accordance with 19 CFR 351.305(a)(3).
simultaneously imposed AD and CVD IPSCO (collectively, the Domestic
Failure to comply is a violation of the
orders before the WTO’s Dispute Interested Parties), challenged the
APO which may be subject to sanctions.
These five-year (sunset) reviews and Settlement Body. The WTO Appellate Department’s determination at the CIT.
notice are in accordance with sections Body in March 2011 found that the On November 26, 2014, the Court
751(c) and (d)(2), and 777(i) the Act, United States had acted inconsistently remanded the section 129 Final
and 19 CFR 351.218(f)(4). with its international obligations in Determination to the Department for
several respects, including the potential further consideration of the finding that
Dated: May 19, 2015. imposition of overlapping remedies, or certain countervailable subsidies
Ronald K. Lorentzen, so-called ‘‘double remedies.’’ 2 The U.S. reduced the average price of U.S. CWP
Acting Assistant Secretary for Enforcement Trade Representative announced the imports, such that the reduction
and Compliance. United States’ intention to comply with warranted an adjustment to the
[FR Doc. 2015–12788 Filed 5–26–15; 8:45 am] the WTO’s rulings and companion AD rates under section
BILLING CODE 3510–DS–P recommendations, and the Department 777A(f) of the Act.7
initiated a section 129 proceeding.3 Following the CIT’s issuance of the
On July 31, 2012, the Department Remand Order, the Department released
DEPARTMENT OF COMMERCE issued its final determination a questionnaire to the original
memorandum in the section 129 CVD respondents in the CWP CVD
International Trade Administration investigation to obtain information
proceeding on, inter alia, the double
[C–570–911] remedies issue.4 Based on its analysis of necessary for its analysis under the
broad manufacturing-level information, Remand Order.8 The Department also
Circular Welded Carbon Quality Steel the Department found that an issued copies of the questionnaire to the
Pipe From the People’s Republic of adjustment was warranted to the GOC and its counsel in the section 129
China: Notice of Court Decision Not in antidumping duty on U.S. CWP imports proceeding.9 Neither mandatory
Harmony With the Implemented Final from China to account for remedies that respondent nor the GOC, however, filed
Determination Under Section 129 of overlap those imposed by the CVD a response to this questionnaire or
the Uruguay Round Agreements Act order.5 On August 30, 2012, acting at comments.
Pursuant to the Remand Order, the
AGENCY: Enforcement and Compliance, Department reconsidered its finding
1 See Notice of Antidumping Duty Order: Circular
International Trade Administration, regarding the respondents’ eligibility for
Welded Carbon Quality Steel Pipe from the People’s
Department of Commerce. Republic of China, 73 FR 42547 (July 22, 2008);
SUMMARY: On May 7, 2015, the United Circular Welded Carbon Quality Steel Pipe from the Piquado, Assistant Secretary for Import
States Court of International Trade (CIT People’s Republic of China: Final Affirmative Administration, ‘‘Section 129 Determination of the
Countervailing Duty Determination and Final
or Court) issued final judgment in Affirmative Determination of Critical
Countervailing Duty Investigation of Circular
Wheatland Tube Company v. United Welded Carbon Quality Steel Pipe from the People’s
Circumstances, 73 FR 31966 (June 5, 2008); Circular Republic of China: ‘Double Remedies’ Analysis
States, Consol. Court No. 12–00298, Welded Carbon Quality Steel Pipe from the People’s Pursuant to the WTO Appellate Body’s Findings in
affirming the Department of Commerce’s Republic of China: Notice of Amended Final WTO DS379,’’ (May 31, 2012), at 34–35.
Affirmative Countervailing Duty Determination and
(the Department) redetermination Notice of Countervailing Duty Order, 73 FR 42545
6 See Implementation Notice.
pursuant to court remand. Consistent (July 22, 2008) (collectively, CWP orders).
7 See Wheatland Tube Company v. United States,
Slip Op. 14–137, Consol. Court No. 12–00298 (CIT
with section 516A of the Tariff Act of 2 See United States—Definitive Anti-Dumping
November 26, 2014) (Remand Order). The manner
1930, as amended (the Act), the and Countervailing Duties on Certain Products from in which the Department applied that adjustment
Department is notifying the public that China, 611, WT/DS379/AB/R (Mar. 11, 2011). in the companion AD proceeding is the subject of
3 See Implementation of Determinations Under
the final judgment in this case is not in Wheatland Tube Company v. United States, Consol.
Section 129 of the Uruguay Round Agreements Act: Court No. 12–00296, which has been stayed
harmony with the Department’s Certain New Pneumatic Off-the-Road Tires; Circular pending resolution of the litigation that is the
implemented final determination in a Welded Carbon Quality Steel Pipe; Laminated subject of this notice.
proceeding conducted under section Woven Sacks; and Light-Walled Rectangular Pipe 8 See Letter to Weifang East Steel Pipe Co., Ltd.
and Tube From the People’s Republic of China, 77
129 of the Uruguay Round Agreements FR 52683 (August 30, 2012) (Implementation
(East Pipe) dated January 28, 2015, ‘‘Section 129
Remand Redetermination of Circular Welded
Act (section 129) related to the Notice). Carbon Quality Steel Pipe from the People’s
Department’s final affirmative 4 See Memorandum from Christian Marsh, Deputy
Republic of China—Domestic Subsidies
countervailing duty determination on Assistant Secretary for Antidumping and Questionnaire;’’ see also Letter to Zhejiang
circular welded carbon quality steel Countervailing Duty Operations, to Paul Piquado, Kingland Pipeline and Technologies Co., Ltd.;
Assistant Secretary for Import Administration, Kingland Group Co., Ltd.; Beijing Kingland Century
pipe (CWP) from the People’s Republic ‘‘Final Determination: Section 129 Proceeding Technologies Co.; Zhejiang Kingland Pipeline
of China (China). Pursuant to the WTO Appellate Body’s Findings in Industry Co., Ltd.; and Shanxi Kingland Pipeline
DATES: Effective Date: May 18, 2015. WTO DS379 Regarding the Antidumping and Co., Ltd. (collectively, Kingland), dated January 28,
mstockstill on DSK4VPTVN1PROD with NOTICES
Countervailing Duty Investigations of Circular 2015, ‘‘Section 129 Remand Redetermination of
FOR FURTHER INFORMATION CONTACT: Welded Carbon Quality Steel Pipe from the People’s Circular Welded Carbon Quality Steel Pipe from the
Shane Subler, Office I, Enforcement and Republic of China,’’ (July 31, 2012) (Section 129 People’s Republic of China—Domestic Subsidies
Compliance, International Trade Final Determination). Questionnaire.’’
5 See Section 129 Preliminary Analysis 9 See Memorandum to the File from Shane
Administration, U.S. Department of
Memorandum at 10; see also Memorandum from Subler, International Trade Compliance Analyst,
Commerce, 14th Street and Constitution Christopher Mutz, Office of Policy, Import dated March 27, 2015, ‘‘Documentation for Release
Avenue NW., Washington, DC 20230; Administration, and Daniel Calhoun, Office of the of Questionnaire for Section 129 Remand
telephone: (202) 482–0189. Chief Counsel for Import Administration, to Paul Redetermination.’’
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![Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices 30211
an adjustment, and found no basis for is notifying the public that the final Group.5 The Court remanded the Final
making such an adjustment to the judgment in this case is not in harmony First Redetermination to require the
companion AD rates under section with the Department’s final Department to reconsider its treatment
777(A)(f)(1)(b) of the Act.10 determination in the less than fair value of jobwork charges and income line
On May 7, 2015, the CIT sustained the investigation on utility scale wind items in calculating overhead expenses
Department’s Remand towers from the Socialist Republic of for surrogate financial ratios.6 In the
Redetermination.11 Vietnam, and is amending the final Final Second Redetermination, the
Statutory Notice determination with respect to the CS Department revised its calculation of
Wind Group.1 certain surrogate financial ratios.7 The
The CIT’s May 7, 2015, judgment Court affirmed the Department’s second
affirming the Remand Redetermination DATES: Effective Date: May 21, 2015.
remand in its entirety on May 11, 2015,
constitutes a final court decision that is FOR FURTHER INFORMATION CONTACT: Erin and entered judgment.8
not in harmony with the section 129 Kearney, Office IV, Enforcement and
Final Determination. This notice is Compliance, International Trade Timken Notice
published in fulfillment of the statutory Administration, U.S. Department of In its decision in Timken, 893 F.2d at
publication requirements. Commerce, 14th Street and Constitution 341, as clarified by Diamond Sawblades,
Notification to Interested Parties Avenue NW., Washington, DC 20230; the CAFC held that, pursuant to section
telephone: (202) 482–0167. 516A(e) of the Tariff Act of 1930, as
This notice is issued and published in
SUPPLEMENTARY INFORMATION: amended (the Act), the Department
accordance with sections 516A(c)(1) and
must publish a notice of a court
777(i)(1) of the Act. Background decision that is not ‘‘in harmony’’ with
Dated: May 20, 2015. a Department determination and must
On February 15, 2013, the Department
Ronald K. Lorentzen, suspend liquidation of entries pending
published its amended final
Acting Assistant Secretary for Enforcement determination and antidumping duty a ‘‘conclusive’’ court decision. The CIT’s
and Compliance. May 11, 2015, judgment affirming the
order in this proceeding.2 The CS Wind
[FR Doc. 2015–12786 Filed 5–26–15; 8:45 am] Group appealed the Wind Towers Final Final Second Remand constitutes a final
BILLING CODE 3510–DS–P Determination to the CIT, and on March decision of that court that is not in
27, 2014, the CIT remanded the Wind harmony with the Wind Towers Final
Towers Final Determination to the Determination. This notice is published
DEPARTMENT OF COMMERCE Department to require the Department in fulfillment of the publication
to: (1) Reconsider its valuation of steel requirements of Timken.
International Trade Administration
plate, (2) reconsider its valuation of Amended Final Results
[A–552–814] carbon dioxide, (3) reconsider the
calculation of overhead expenses for Because there is now a final court
Utility Scale Wind Towers From the surrogate financial ratios, specifically decision with respect to this litigation,
Socialist Republic of Vietnam: Notice the treatment of jobwork charges and the Department is amending the Wind
of Court Decision Not in Harmony With income line items, (4) re-determine the Towers Final Determination with
the Final Determination of Less Than appropriate adjustment to the CS Wind respect to the CS Wind Group’s
Fair Value Investigation and Notice of Group’s U.S. sales prices to account for dumping margin and cash deposit rate.
Amended Final Determination of a discrepancy in the reported weights of The revised dumping margin and cash
Investigation wind towers, and 5) reconsider its deposit rate for the CS Wind Group is
AGENCY: Enforcement and Compliance, calculation of brokerage and handling 17.02 percent.9
International Trade Administration, expenses.3 On July 29, 2014, the Accordingly, the Department will
Department of Commerce. Department filed its results of continue the suspension of liquidation
SUMMARY: On May 11, 2015, the United redetermination pursuant to remand in of the subject merchandise pending the
States Court of International Trade (CIT accordance with the CIT’s order.4 expiration of the period of appeal or, if
or Court) issued final judgment in CS On November 3, 2014, the CIT appealed, pending a final and
Wind Vietnam Co., Ltd. and CS Wind affirmed, in part, the Department’s Final conclusive court decision.
Corporation v. United States, Consol. First Redetermination, which resulted Cash Deposit Requirements
Court No. 13–00102, affirming the in a weighted-average dumping margin
Department of Commerce’s (the of 17.02 percent for the CS Wind In accordance with section
Department) final results of 735(c)(1)(B) of the Act, the Department
redetermination pursuant to remand. 1 The CS Wind Group consists of CS Wind will instruct U.S. Customs and Border
Consistent with the decision of the Vietnam Co., Ltd. and CS Wind Corporation. Protection to collect a cash deposit of
United States Court of Appeals for the 2 See Utility Scale Wind Towers From the 17.02 percent for entries of subject
Federal Circuit (CAFC) in Timken Co. v. Socialist Republic of Vietnam: Final Determination merchandise produced and exported by
of Sales at Less Than Fair Value, 77 FR 75984
United States, 893 F.2d 337 (Fed. Cir. (December 26, 2012), as amended by Utility Scale
5 See CS Wind Vietnam Co., Ltd. and CS Wind
1990) (Timken), as clarified by Diamond Wind Towers From the Socialist Republic of
Vietnam: Amended Final Determination of Sales at Corporation v. United States, Consol. Court No. 13–
Sawblades Mfrs. Coalition v. United 00102, Slip Op. 14–128 (CIT November 3, 2014).
Less Than Fair Value and Antidumping Duty Order,
States, 626 F.3d 1374 (Fed. Cir. 2010) 78 FR 11150 (February 15, 2013) (Wind Towers 6 Id.
mstockstill on DSK4VPTVN1PROD with NOTICES
(Diamond Sawblades), the Department Final Determination). 7 See Final Redetermination Pursuant to Court
3 See CS Wind Vietnam Co., Ltd. and CS Wind Order, CS Wind Vietnam Co., Ltd. and CS Wind
10 See ‘‘Redetermination Pursuant to Court Corporation v. United States, 971 F. Supp. 2d 1271 Corporation v. United States, Consol. Court No. 13–
Remand, Wheatland Tube Company v. United (CIT 2014). 00102, Slip Op. 14–128, dated January 21, 2015
States, Consol. Court No. 12–00298, Slip Op. 14– 4 See Final Results of Redetermination Pursuant (Final Second Redetermination).
137,’’ (April 27, 2015) (Remand Redetermination). to Court Order, CS Wind Vietnam Co., Ltd. and CS 8 See CS Wind Vietnam Co., Ltd. and CS Wind
11 See Wheatland Tube Company v. United Wind Corporation v. United States, Consol. Court Corporation v. United States, Consol. Court No. 13–
States, Slip Op. 15–44, Consol. Court No. 12–00298 No. 13–00102, Slip Op. 14–33, dated July 29, 2014 00102, Slip Op. 15–45 (CIT May 11, 2015).
(CIT May 7, 2015). (Final First Redetermination). 9 See Final Second Redetermination.
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Document Created: 2015-12-15 15:36:14
Document Modified: 2015-12-15 15:36:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Shane Subler, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0189. | |
| FR Citation | 80 FR 30210 |
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