80 FR 43709 - Circular Welded Carbon Steel Pipes and Tubes From Turkey: Notice of Court Decision Not in Harmony With Final Results of Countervailing Duty Administrative Review and Notice of Amended Final Results of Countervailing Duty Administrative Review; 2011
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 141 (July 23, 2015)
International Trade Administration
Federal Register Volume 80, Issue 141 (July 23, 2015)
| Page Range | 43709-43710 | |
| FR Document | 2015-18087 |
[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)] [Notices] [Pages 43709-43710] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18087] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-489-502] Circular Welded Carbon Steel Pipes and Tubes From Turkey: Notice of Court Decision Not in Harmony With Final Results of Countervailing Duty Administrative Review and Notice of Amended Final Results of Countervailing Duty Administrative Review; 2011 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On April 1, 2015, the United States Court of International Trade (the Court) issued Toscelik II,\1\ which sustained the Final Remand Results \2\ that the Department of Commerce (the Department) issued in connection with Toscelik I, concerning the Department's final results of administrative review of the countervailing duty order on circular welded carbon steel pipes and tubes from Turkey covering the period of review January 1, 2011, through December 31, 2011 (POR).\3\ At issue were benefits that Toscelik Profil ve Sac Endustrisi AS (Toscelik) received in connection with land that Toscelik acquired from the Government of Turkey in 2008 and 2010. In the Final Remand Results, the Department restored the benchmark originally calculated for the 2008 land subsidy in the 2010 CVD Review \4\ and further explained aspects of the benchmark used to value the 2010 land subsidy. In addition, pursuant to a voluntary remand request, the Department examined and corrected, as necessary, duplication errors in the dataset used to calculate the land benchmark.\5\ --------------------------------------------------------------------------- \1\ See Toscelik Profil Ve SAC Endustrisi A.S. v. United States, Court No. 13-00371, Slip. Op. 15-28 (CIT April 1, 2015) (Toscelik II). \2\ See Final Results Of Redetermination Pursuant To Court Remand, Court No. 13-00371, Slip Op. 15-28 (February 13, 2015) (Final Remand Results), which is available at http://enforcement.trade.gov/remands/index.html. \3\ See Toscelik Profit ve Sac Endustrisi AS v. United States Court No. 13-00371; Slip Op. 14-126 (CIT October 29, 2014) (Toscelik I); Circular Welded Carbon Steel Pipes and Tubes from Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2011, 78 FR 64916 (October 30, 2013) (Final Results) and accompanying Issues and Decision Memorandum (Final IDM). \4\ See Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Countervailing Duty Administrative Review, 77 FR 46713 (August 6, 2012) (2010 CVD Review) and accompanying Issues and Decision Memorandum (2010 CVD Review IDM). \5\ See Final Remand Results at 5-12. --------------------------------------------------------------------------- Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken,\6\ as clarified by Diamond Sawblades,\7\ the Department is notifying the public that the final judgment in this case is not in harmony with the Department's Final Results. The Department is also amending the Final Results with respect to Toscelik. --------------------------------------------------------------------------- \6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). \7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- DATES: Effective date: April 11, 2015 FOR FURTHER INFORMATION CONTACT: John Conniff, 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) 482-1009. SUPPLEMENTARY INFORMATION: Background On October 30, 2013, the Department issued the Final Results.\8\ Toscelik challenged certain aspects of the Final Results at the Court. In Toscelik I, the Court held that the Department may not alter the nonrecurring benefit stream for the 2008 land parcel in a subsequent review--as the Department did in the Final Results when it changed the 2008 land subsidy benchmark--absent a demonstration that the original [[Page 43710]] determination ``is clearly erroneous and would work a manifest injustice.'' \9\ The Court also granted the Department's voluntary remand request to examine possible double-counting errors in the land benchmark dataset, and instructed the Department to supply additional explanation regarding the use of simple averaging, the expansion of the dataset with additional prices, and the use of different benchmark prices for the 2008 and 2010 parcels.\10\ --------------------------------------------------------------------------- \8\ See Circular Welded Carbon Steel Pipes and Tubes from Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2011, 78 FR 64916 (October 30, 2013) (Final Results) and accompanying Issues and Decision Memorandum (Final IDM). \9\ See Toscelik I at 10. \10\ Id. at 14-16. --------------------------------------------------------------------------- On February 13, 2015, the Department filed the Final Remand Results with the Court, in which it restored the benchmark originally calculated for the 2008 land subsidy in the 2010 CVD Review and further explained aspects of the benchmark used to value the 2010 land subsidy. In addition, the Department examined and corrected as necessary duplication errors in the dataset used to calculate the benchmark for the 2010 land subsidy.\11\ On April 1, 2015, the Court entered judgment sustaining the Final Remand Results.\12\ --------------------------------------------------------------------------- \11\ See Final Remand Results at 5-12. \12\ See Toscelik II at 6. --------------------------------------------------------------------------- Timken Notice In Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, 626 F.3d at 1381, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The Court's judgment in Toscelik II sustaining the Final Remand Results constitutes a final decision of the Court that is not in harmony with the Department's Final Results. This notice is published in fulfillment of the publication requirement of Timken. Amended Final Results Because there is now a final court decision, the Department is amending the Final Results with respect to Toscelik. The revised net subsidy rate for Toscelik during the period January 1, 2011, through December 31, 2011, is as follows: ------------------------------------------------------------------------ Producer/exporter Total net subsidy rate ------------------------------------------------------------------------ Toscelik Profil ve Sac Endustrisi A.S..... de minimis. ------------------------------------------------------------------------ Since the Court's ruling is final and no party has appealed, the Department will instruct U.S. Customs and Border Protection to assess without regard to countervailing duties unliquidated entries of subject merchandise for the producer/exporter listed above during the POR. Cash Deposit Requirements Since the Final Results, the Department has established a new cash deposit rate for Toscelik.\13\ Therefore, the cash deposit rate for Toscelik does not need to be updated as a result of these amended final results. --------------------------------------------------------------------------- \13\ See Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2012 and Rescission of Countervailing Duty Administrative Review, in Part, 79 FR 51140 (August 27, 2014). --------------------------------------------------------------------------- Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act. Dated: July 16, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-18087 Filed 7-22-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Notices 43709
FOR FURTHER INFORMATION CONTACT: 18(c) may be utilized only at the were benefits that Toscelik Profil ve Sac
Thomas P. Dickson, Acting Director, borrower’s request. This collection of Endustrisi AS (Toscelik) received in
Program Development and Regulatory information implements RUS policies connection with land that Toscelik
Analysis, Rural Utilities Service, 1400 and procedures for use of consultants acquired from the Government of
Independence Ave. SW., STOP 1522, funded by RUS Borrowers to facilitate Turkey in 2008 and 2010. In the Final
Room 5818, South Building, timely action on a borrower’s loan Remand Results, the Department
Washington, DC 20250–1522. application for financial assistance and restored the benchmark originally
Telephone: (202) 690–4492. Fax: (202) for RUS approvals. calculated for the 2008 land subsidy in
720–8435. Email: Thomas.Dickson@ Estimate of Burden: Public reporting the 2010 CVD Review 4 and further
wdc.usda.gov. burden for this collection of information explained aspects of the benchmark
is estimated to average 2 hours per used to value the 2010 land subsidy. In
SUPPLEMENTARY INFORMATION: The Office
response. addition, pursuant to a voluntary
of Management and Budget’s (OMB)
Respondents: Not for profit remand request, the Department
regulation (5 CFR 1320) implementing
institutions; business or other for-profit examined and corrected, as necessary,
provisions of the Paperwork Reduction
entities. duplication errors in the dataset used to
Act of 1995 (Pub. L. 104–13) requires
Estimated Number of Respondents: 1. calculate the land benchmark.5
that interested members of the public Estimated Number of Responses per Consistent with the decision of the
and affected agencies have an Respondent: 1. United States Court of Appeals for the
opportunity to comment on information Estimated Total Annual Burden on Federal Circuit (CAFC) in Timken,6 as
collection and recordkeeping activities Respondents: 2 hours. clarified by Diamond Sawblades,7 the
[see 5 CFR 1320.8(d)]. This notice Department is notifying the public that
identifies information collections that Dated: July 16, 2015.
Brandon McBride, the final judgment in this case is not in
RUS is submitting to OMB for harmony with the Department’s Final
extension. Administrator, Rural Utilities Service.
Results. The Department is also
Comments are invited on: (a) Whether [FR Doc. 2015–18060 Filed 7–22–15; 8:45 am]
amending the Final Results with respect
this collection of information is BILLING CODE P
to Toscelik.
necessary for the proper performance of
DATES: Effective date: April 11, 2015
the functions of the agency, including
whether the information will have FOR FURTHER INFORMATION CONTACT: John
DEPARTMENT OF COMMERCE
practical utility; (b) the accuracy of the Conniff, AD/CVD Operations Office III,
agency’s estimate of the burden of the International Trade Administration Enforcement and Compliance,
collection of information including the International Trade Administration,
[C–489–502] U.S. Department of Commerce, 14th
validity of the methodology and
assumptions used; (c) ways to enhance Street and Constitution Avenue NW.,
Circular Welded Carbon Steel Pipes Washington, DC 20230; telephone: (202)
the quality, utility, and clarity of the and Tubes From Turkey: Notice of
information to be collected; and (d) 482–1009.
Court Decision Not in Harmony With
ways to minimize the burden of the SUPPLEMENTARY INFORMATION:
Final Results of Countervailing Duty
collection of information on Administrative Review and Notice of Background
respondents, including through the use Amended Final Results of
of appropriate automated, electronic, On October 30, 2013, the Department
Countervailing Duty Administrative issued the Final Results.8 Toscelik
mechanical or other technological Review; 2011
collection techniques or other forms of challenged certain aspects of the Final
information technology. Comments may AGENCY: Enforcement and Compliance, Results at the Court. In Toscelik I, the
be sent to Thomas P. Dickson, Acting International Trade Administration, Court held that the Department may not
Director, Program Development and Department of Commerce. alter the nonrecurring benefit stream for
Regulatory Analysis, Rural Utilities SUMMARY: On April 1, 2015, the United the 2008 land parcel in a subsequent
Service, U.S. Department of Agriculture, States Court of International Trade (the review—as the Department did in the
STOP 1522, 1400 Independence Ave. Court) issued Toscelik II,1 which Final Results when it changed the 2008
SW., Washington, DC 20250–1522. Fax: sustained the Final Remand Results 2 land subsidy benchmark—absent a
(202) 690–4492. that the Department of Commerce (the demonstration that the original
Title: Use of Consultants Funded by Department) issued in connection with
Results of Countervailing Duty Administrative
Borrowers, 7 CFR part 1789. Toscelik I, concerning the Department’s Review; Calendar Year 2011, 78 FR 64916 (October
OMB Control Number: 0572–0115. final results of administrative review of 30, 2013) (Final Results) and accompanying Issues
Type of Request: Extension of a the countervailing duty order on and Decision Memorandum (Final IDM).
currently approved collection. circular welded carbon steel pipes and 4 See Circular Welded Carbon Steel Pipes and
Abstract: Section 18(c) of the Rural tubes from Turkey covering the period Tubes From Turkey: Final Results of Countervailing
Duty Administrative Review, 77 FR 46713 (August
Electrification Act of 1936 (RE Act), as of review January 1, 2011, through 6, 2012) (2010 CVD Review) and accompanying
amended (7 U.S.C. 901 et seq.) December 31, 2011 (POR).3 At issue Issues and Decision Memorandum (2010 CVD
authorizes RUS to use consultants Review IDM).
voluntarily funded by borrowers for 1 See Toscelik Profil Ve SAC Endustrisi A.S. v. 5 See Final Remand Results at 5–12.
financial, legal, engineering and other United States, Court No. 13–00371, Slip. Op. 15– 6 See Timken Co. v. United States, 893 F.2d 337
28 (CIT April 1, 2015) (Toscelik II). (Fed. Cir. 1990) (Timken).
mstockstill on DSK4VPTVN1PROD with NOTICES
technical services. Consultants may be 2 See Final Results Of Redetermination Pursuant 7 See Diamond Sawblades Mfrs. Coalition v.
used to facilitate timely action on loan To Court Remand, Court No. 13–00371, Slip Op. United States, 626 F.3d 1374 (Fed. Cir. 2010)
applications by borrowers for financial 15–28 (February 13, 2015) (Final Remand Results), (Diamond Sawblades).
assistance and for approvals required by which is available at http://enforcement.trade.gov/ 8 See Circular Welded Carbon Steel Pipes and
RUS, pursuant to the terms of remands/index.html. Tubes from Turkey: Final Results of Countervailing
3 See Toscelik Profit ve Sac Endustrisi AS v. Duty Administrative Review; Calendar Year 2011,
outstanding loans, or other wise. RUS United States Court No. 13–00371; Slip Op. 14–126 78 FR 64916 (October 30, 2013) (Final Results) and
may not require borrowers to fund (CIT October 29, 2014) (Toscelik I); Circular Welded accompanying Issues and Decision Memorandum
consultants. The provision of section Carbon Steel Pipes and Tubes from Turkey: Final (Final IDM).
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![43710 Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Notices
determination ‘‘is clearly erroneous and countervailing duties unliquidated FOR FURTHER INFORMATION CONTACT:
would work a manifest injustice.’’ 9 The entries of subject merchandise for the Robert Pauline, Office of Protected
Court also granted the Department’s producer/exporter listed above during Resources, NMFS, (301) 427–8401.
voluntary remand request to examine the POR. SUPPLEMENTARY INFORMATION:
possible double-counting errors in the
Cash Deposit Requirements Availability
land benchmark dataset, and instructed
the Department to supply additional Since the Final Results, the An electronic copy of CALTRANS’
explanation regarding the use of simple Department has established a new cash application and supporting documents,
averaging, the expansion of the dataset deposit rate for Toscelik.13 Therefore, as well as a list of the references cited
with additional prices, and the use of the cash deposit rate for Toscelik does in this document, may be obtained by
different benchmark prices for the 2008 not need to be updated as a result of visiting the Internet at:
and 2010 parcels.10 these amended final results. www.nmfs.noaa.gov/pr/permits/
On February 13, 2015, the Department incidental/construction.htm. In case of
filed the Final Remand Results with the Notification to Interested Parties problems accessing these documents,
Court, in which it restored the This notice is issued and published in please call the contact listed above (see
benchmark originally calculated for the accordance with sections 516A(e), FOR FURTHER INFORMATION CONTACT).
2008 land subsidy in the 2010 CVD 751(a)(1), and 777(i)(1) of the Act. Background
Review and further explained aspects of
the benchmark used to value the 2010 Dated: July 16, 2015. Sections 101(a)(5)(A) and (D) of the
land subsidy. In addition, the Paul Piquado, MMPA (16 U.S.C. 1361 et seq.) direct
Department examined and corrected as Assistant Secretary for Enforcement and the Secretary of Commerce to allow,
necessary duplication errors in the Compliance. upon request, the incidental, but not
dataset used to calculate the benchmark [FR Doc. 2015–18087 Filed 7–22–15; 8:45 am] intentional, taking of small numbers of
for the 2010 land subsidy.11 On April 1, BILLING CODE 3510–DS–P marine mammals by U.S. citizens who
2015, the Court entered judgment engage in a specified activity (other than
sustaining the Final Remand Results.12 commercial fishing) within a specified
DEPARTMENT OF COMMERCE geographical region if certain findings
Timken Notice are made and either regulations are
In Timken, 893 F.2d at 341, as National Oceanic and Atmospheric issued or, if the taking is limited to
clarified by Diamond Sawblades, 626 Administration harassment, a notice of a proposed
F.3d at 1381, the CAFC held that, authorization is provided to the public
pursuant to section 516A(e) of the Tariff RIN 0648–XD829 for review.
Act of 1930, as amended (the Act), the Authorization for incidental takings
Department must publish a notice of a Taking of Marine Mammals Incidental shall be granted if NMFS finds that the
court decision that is not ‘‘in harmony’’ to Specified Activities; Construction of taking will have a negligible impact on
with a Department determination and the East Span of the San Francisco- the species or stock(s), will not have an
must suspend liquidation of entries Oakland Bay Bridge unmitigable adverse impact on the
pending a ‘‘conclusive’’ court decision. availability of the species or stock(s) for
The Court’s judgment in Toscelik II AGENCY: National Marine Fisheries subsistence uses (where relevant), and if
sustaining the Final Remand Results Service (NMFS), National Oceanic and the permissible methods of taking and
constitutes a final decision of the Court Atmospheric Administration (NOAA), requirements pertaining to the
that is not in harmony with the Commerce. mitigation, monitoring and reporting of
Department’s Final Results. This notice ACTION:Notice; issuance of an incidental such takings are set forth. NMFS has
is published in fulfillment of the harassment authorization. defined ‘‘negligible impact’’ in 50 CFR
publication requirement of Timken. 216.103 as ‘‘. . . an impact resulting
SUMMARY: In accordance with the from the specified activity that cannot
Amended Final Results be reasonably expected to, and is not
regulations implementing the Marine
Because there is now a final court Mammal Protection Act (MMPA) as reasonably likely to, adversely affect the
decision, the Department is amending amended, notification is hereby given species or stock through effects on
the Final Results with respect to that we have issued an incidental annual rates of recruitment or survival.’’
Toscelik. The revised net subsidy rate harassment authorization (IHA) to Section 101(a)(5)(D) of the MMPA
for Toscelik during the period January 1, California Department of Transportation established an expedited process by
2011, through December 31, 2011, is as (CALTRANS) to incidentally harass, by which citizens of the U.S. can apply for
follows: Level B harassment only, four species of an authorization to incidentally take
marine mammals during activities small numbers of marine mammals by
Producer/exporter Total net related to the construction of Pier 3 of harassment. Section 101(a)(5)(D)
subsidy rate establishes a 45-day time limit for
the East Span of the San Francisco-
Oakland Bay Bridge (SF–OBB) in NMFS’ review of an application
Toscelik Profil ve Sac de minimis.
Endustrisi A.S. California followed by a 30-day public notice and
comment period on any proposed
Since the Court’s ruling is final and DATES: This authorization is effective authorizations for the incidental
from July 15, 2015 through July 14,
mstockstill on DSK4VPTVN1PROD with NOTICES
no party has appealed, the Department harassment of marine mammals. Within
will instruct U.S. Customs and Border 2016. 45 days of the close of the comment
Protection to assess without regard to period, NMFS must either issue or deny
13 See Circular Welded Carbon Steel Pipes and the authorization. Except with respect to
9 See
Tubes From Turkey: Final Results of Countervailing certain activities not pertinent here, the
Toscelik I at 10. Duty Administrative Review; Calendar Year 2012
10 Id. at 14–16.
and Rescission of Countervailing Duty
MMPA defines ‘‘harassment’’ as ‘‘any
11 See Final Remand Results at 5–12.
Administrative Review, in Part, 79 FR 51140 act of pursuit, torment, or annoyance
12 See Toscelik II at 6. (August 27, 2014). which (i) has the potential to injure a
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Document Created: 2015-12-15 12:53:13
Document Modified: 2015-12-15 12:53:13
| 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 | John Conniff, 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) 482-1009. | |
| FR Citation | 80 FR 43709 |
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