80 FR 57789 - Certain Oil Country Tubular Goods From the People's Republic of China; Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 186 (September 25, 2015)
International Trade Administration
Federal Register Volume 80, Issue 186 (September 25, 2015)
| Page Range | 57789-57790 | |
| FR Document | 2015-24327 |
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)] [Notices] [Pages 57789-57790] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24327] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-943] Certain Oil Country Tubular Goods From the People's Republic of China; Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 28, 2015, the United States Court of International Trade (``CIT'') issued its final judgment \1\ sustaining the Department of Commerce's (the ``Department'') redetermination \2\ issued pursuant to the CIT's remand order in American Tubular Products, LLC v. United States, Ct. No. 13-00029, Slip Op. 14-116 (CIT September 26, 2014) (``Remand Order''), with respect to the Department's amended final results \3\ of the 2010-2011 antidumping duty administrative review of certain oil country tubular goods (``OCTG'') from the People's Republic of China. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's amended final results of review and is amending the AR 1 Final Results with respect to the margin determined for Jiangsu Chengde Steel Tube Share Co., Ltd. (``Chengde''), an exporter and producer of subject merchandise. --------------------------------------------------------------------------- \1\ See American Tubular Products., LLC v. United States, Court No. 13-00029, Slip Op. 15-98 (CIT August 28, 2015) (``ATP''). \2\ See Final Results of Redetermination Pursuant to Court Remand, American Tubular Products, LLC v. United States, Court No. 13-00029 (January 28, 2015) (``Remand Redetermination''). \3\ See Certain Oil Country Tubular Goods From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 77 FR 74644 (December 17, 2012), as amended by, Certain Oil Country Tubular Goods From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2010-2011, 78 FR 9033 (February 7, 2013) (collectively, ``AR 1 Final Results''). --------------------------------------------------------------------------- DATES: Effective Date: September 7, 2015. FOR FURTHER INFORMATION CONTACT: Paul Stolz, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4474. SUPPLEMENTARY INFORMATION: Subsequent to the publication of the AR 1 Final Results, Chengde filed a complaint with the CIT challenging aspects of the methodology used to determine its margin in the AR 1 Final Results. On September 26, 2014, the CIT issued the Remand Order, instructing the Department to re-visit its decision to value most of Chengde's billet as alloy steel in the underlying review. Specifically with respect to Chengde's billets, the Court instructed the Department to: (1) Reevaluate the chemical composition of OCTG sold in certain contracts, (2) explain whether Chengde's mill test certificates prove the chemical properties of OCTG not specifically covered by those certificates, (3) assess whether Chengde's entry summary as provided in American Tubular Products, LLC's application to receive information under administrative protective order proves that the OCTG in one contract was comprised of carbon steel, and (4) recalculate the percentage of Chengde's steel billets that were alloy steel or carbon steel in accordance with this analysis.\4\ In addition, at the Department's request, the CIT remanded the additional issue of the surrogate value used to value carbon steel billets to reconsider whether it is aberrational.\5\ --------------------------------------------------------------------------- \4\ See Remand Order at 14. \5\ Id. at 16-17. --------------------------------------------------------------------------- On January 28, 2015, the Department issued its Remand Redetermination. Consistent with the CIT's instructions in the Remand Order, the Department recalculated the total quantity of carbon steel billets consumed by Chengde to produce subject merchandise during the period of review and explained why the surrogate value used for carbon steel billets in the AR 1 Final Results was not aberrational.\6\ --------------------------------------------------------------------------- \6\ See Remand Redetermination at 2. --------------------------------------------------------------------------- [[Page 57790]] On August 28, 2015, the CIT issued its decision in ATP, in which it sustained the Remand Redetermination, finding that the Department's decision to use an alloy-carbon average as a surrogate for some of Chengde's billet inputs and reliance on Indonesian import data to value high carbon steel was supported by substantial evidence.\7\ --------------------------------------------------------------------------- \7\ See ATP at 11-21. --------------------------------------------------------------------------- Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, 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 CIT's August 28, 2015, judgment in this case constitutes a final decision of that court that is not in harmony with the Department's AR 1 Final Results. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court decision with respect to this case, the Department is amending the AR 1 Final Results with respect to Chengde's weighted-average dumping margin, effective September 7, 2015. The revised dumping margin is as follows: ------------------------------------------------------------------------ Exporter Percent margin ------------------------------------------------------------------------ Jiangsu Chengde Steel Tube Share Co., Ltd. 137.62 ------------------------------------------------------------------------ The Department will continue the suspension of liquidation of the entries at issue pending expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In the event the CIT's ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection (``CBP'') to liquidate entries of subject merchandise based on the revised assessment rates calculated by the Department. Cash Deposit Requirements Since the AR1 Final Results, the Department has not established a new cash deposit rate for Chengde. As a result, in accordance with section 751(a)(1) of the Act, the Department will instruct CBP to collect a cash deposit of 137.62 percent for entries of subject merchandise exported by Chengde, effective September 7, 2015. 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: September 17, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-24327 Filed 9-24-15; 8:45 am] BILLING CODE P
![Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices 57789
indicated in the chart above.7 These E. Calculation of Normal Value Based on the final judgment in this case is not in
suspension of liquidation instructions Comparison Market Prices harmony with the Department’s
will remain in effect until further notice. F. Calculation of Normal Value Based on amended final results of review and is
CV
13. Currency Conversion
amending the AR 1 Final Results with
International Trade Commission
14. U.S. International Trade Commission respect to the margin determined for
(‘‘ITC’’) Notification
Notification Jiangsu Chengde Steel Tube Share Co.,
In accordance with section 733(f) of 15. Disclosure and Public Comments Ltd. (‘‘Chengde’’), an exporter and
the Act, we will notify the ITC of our 16. Verification producer of subject merchandise.
preliminary affirmative determination of 17. Conclusion
DATES: Effective Date: September 7,
sales at LTFV. Because the preliminary [FR Doc. 2015–24449 Filed 9–24–15; 8:45 am]
2015.
determination in this proceeding is BILLING CODE 3510–DS–P
affirmative, section 735(b)(2) of the Act FOR FURTHER INFORMATION CONTACT: Paul
requires that the ITC make its final Stolz, Office III, Enforcement and
determination as to whether the DEPARTMENT OF COMMERCE Compliance, International Trade
domestic industry in the United States Administration, U.S. Department of
International Trade Administration Commerce, 14th Street and Constitution
is materially injured, or threatened with
material injury, by reason of imports of [A–570–943] Avenue NW., Washington, DC 20230;
silicomanganese from Australia before telephone: (202) 482–4474.
the later of 120 days after the date of this Certain Oil Country Tubular Goods
SUPPLEMENTARY INFORMATION:
preliminary determination or 45 days From the People’s Republic of China;
Subsequent to the publication of the AR
after our final determination. Because Notice of Court Decision Not in
1 Final Results, Chengde filed a
we are postponing the deadline for our Harmony With Final Results of
complaint with the CIT challenging
final determination to 135 days from the Administrative Review and Notice of
aspects of the methodology used to
date of publication of this preliminary Amended Final Results of
determine its margin in the AR 1 Final
determination, as discussed above, the Administrative Review Pursuant to
Court Decision Results.
ITC will make its final determination no On September 26, 2014, the CIT
later than 45 days after our final AGENCY: Enforcement and Compliance, issued the Remand Order, instructing
determination. International Trade Administration, the Department to re-visit its decision to
This determination is issued and Department of Commerce. value most of Chengde’s billet as alloy
published in accordance with sections SUMMARY: On August 28, 2015, the steel in the underlying review.
733(f) and 777(i)(1) of the Act and 19 United States Court of International Specifically with respect to Chengde’s
CFR 351.205(c). Trade (‘‘CIT’’) issued its final judgment 1 billets, the Court instructed the
Dated: September 17, 2015. sustaining the Department of Department to: (1) Reevaluate the
Ronald K. Lorentzen, Commerce’s (the ‘‘Department’’) chemical composition of OCTG sold in
redetermination 2 issued pursuant to the certain contracts, (2) explain whether
Acting Assistant Secretary for Enforcement
and Compliance.
CIT’s remand order in American Chengde’s mill test certificates prove the
Tubular Products, LLC v. United States, chemical properties of OCTG not
Appendix I—List of Topics Discussed in Ct. No. 13–00029, Slip Op. 14–116 (CIT specifically covered by those
the Preliminary Decision Memorandum September 26, 2014) (‘‘Remand Order’’), certificates, (3) assess whether
1. Summary with respect to the Department’s Chengde’s entry summary as provided
2. Background amended final results 3 of the 2010– in American Tubular Products, LLC’s
3. Period of Investigation 2011 antidumping duty administrative application to receive information under
4. Postponement of Preliminary review of certain oil country tubular administrative protective order proves
Determination goods (‘‘OCTG’’) from the People’s that the OCTG in one contract was
5. Postponement of Final Determination and Republic of China. Consistent with the comprised of carbon steel, and (4)
Extension of Provisional Measures decision of the United States Court of recalculate the percentage of Chengde’s
6. Scope of the Investigation Appeals for the Federal Circuit
7. Scope Comments
steel billets that were alloy steel or
(‘‘CAFC’’) in Timken Co. v. United carbon steel in accordance with this
8. Discussion of Methodology
Fair Value Comparisons States, 893 F.2d 337 (Fed. Cir. 1990) analysis.4 In addition, at the
A. Determination of Comparison Method (‘‘Timken’’), as clarified by Diamond Department’s request, the CIT remanded
B. Results of the Differential Pricing Sawblades Mfrs. Coalition v. United the additional issue of the surrogate
Analysis States, 626 F.3d 1374 (Fed. Cir. 2010) value used to value carbon steel billets
9. Product Comparisons (‘‘Diamond Sawblades’’), the to reconsider whether it is aberrational.5
10. Date of Sale Department is notifying the public that On January 28, 2015, the Department
11. Constructed Export Price
12. Normal Value
issued its Remand Redetermination.
1 See American Tubular Products., LLC v. United
A. Comparison Market Viability Consistent with the CIT’s instructions in
States, Court No. 13–00029, Slip Op. 15–98 (CIT
B. Affiliated Party Transactions and Arm’s- August 28, 2015) (‘‘ATP’’). the Remand Order, the Department
Length Test 2 See Final Results of Redetermination Pursuant recalculated the total quantity of carbon
C. Level of Trade to Court Remand, American Tubular Products, LLC steel billets consumed by Chengde to
D. Cost of Production (COP) v. United States, Court No. 13–00029 (January 28, produce subject merchandise during the
2015) (‘‘Remand Redetermination’’).
mstockstill on DSK4VPTVN1PROD with NOTICES
a. Calculation of COP period of review and explained why the
3 See Certain Oil Country Tubular Goods From
b. Test of Comparison Market Sales Prices surrogate value used for carbon steel
c. Results of the COP Test the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2010– billets in the AR 1 Final Results was not
2011, 77 FR 74644 (December 17, 2012), as aberrational.6
7 See Modification of Regulations Regarding the amended by, Certain Oil Country Tubular Goods
Practice of Accepting Bonds During the Provisional From the People’s Republic of China: Amended
4 See Remand Order at 14.
Measures Period in Antidumping and Final Results of Antidumping Duty Administrative
5 Id.at 16–17.
Countervailing Duty Investigations, 76 FR 61042 Review; 2010–2011, 78 FR 9033 (February 7, 2013)
(October 3, 2011). (collectively, ‘‘AR 1 Final Results’’). 6 See Remand Redetermination at 2.
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![57790 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices
On August 28, 2015, the CIT issued its Notification to Interested Parties December 2015 Council meeting and is
decision in ATP, in which it sustained This notice is issued and published in scheduled for approval. Additionally,
the Remand Redetermination, finding accordance with sections 516A(e), the Council will discuss an
that the Department’s decision to use an 751(a)(1), and 777(i)(1) of the Act. implementation and evaluation plan for
alloy-carbon average as a surrogate for periodic review of the Vision Blueprint.
some of Chengde’s billet inputs and Dated: September 17, 2015. Topics of discussion include:
reliance on Indonesian import data to Ronald K. Lorentzen, 1. Final review and discussion of
value high carbon steel was supported Acting Assistant Secretary for Enforcement 2015 public input on the draft Vision
by substantial evidence.7 and Compliance. Blueprint.
[FR Doc. 2015–24327 Filed 9–24–15; 8:45 am] 2. Breakout Group Discussion to
Timken Notice BILLING CODE P prioritize short-, mid-, and long-term
In its decision in Timken, 893 F.2d at strategies to be considered under each of
341, as clarified by Diamond Sawblades, the four focus areas (Science,
DEPARTMENT OF COMMERCE Management, Communication, and
the CAFC held that, pursuant to section
516A(e) of the Tariff Act of 1930, as Governance) to include:
National Oceanic and Atmospheric a. Sub-regional Management
amended (‘‘the Act’’), the Department Administration b. Reporting/Data Collection
must publish a notice of a court
RIN 0648–XE207 c. Reducing Discards
decision that is not ‘‘in harmony’’ with
d. Access to the Fishery
a Department determination and must Fisheries of the South Atlantic; South e. Stakeholder Engagement
suspend liquidation of entries pending Atlantic Fishery Management Council f. Habitat/Ecosystems
a ‘‘conclusive’’ court decision. The CIT’s (SAFMC); Public Meeting g. Allocation
August 28, 2015, judgment in this case 3. Plenary session to summarize
constitutes a final decision of that court AGENCY: National Marine Fisheries
breakout group discussions, and
that is not in harmony with the Service (NMFS), National Oceanic and 4. Facilitated discussion for
Department’s AR 1 Final Results. This Atmospheric Administration (NOAA), developing an evaluation plan for
notice is published in fulfillment of the Commerce. periodic review of the Vision Blueprint.
publication requirements of Timken. ACTION: Notice of a public meeting.
Special Accommodations
Amended Final Results SUMMARY: The South Atlantic Fishery This meeting is accessible to people
Management Council (Council) will with disabilities. Requests for auxiliary
Because there is now a final court
hold a Visioning Workshop in aids should be directed to the SAFMC
decision with respect to this case, the
Charleston, SC. office (see ADDRESSES) at least 5
Department is amending the AR 1 Final
Results with respect to Chengde’s DATES: The Workshop will be held 8:30 business days prior to the meeting.
weighted-average dumping margin, a.m. to 5 p.m., Wednesday, October 14,
Note: The times and sequence specified in
effective September 7, 2015. The revised 2015; and 8:30 a.m. to 5 p.m., Thursday,
this agenda are subject to change.
dumping margin is as follows: October 15, 2015. Public comment will
be held at 4:30 p.m., Wednesday, Authority: 16 U.S.C. 1801 et seq.
Exporter Percent margin October 14, 2015; and at 1:30 p.m.,
Dated: September 22, 2015.
Thursday October 15, 2015.
Tracey L. Thompson,
Jiangsu Chengde Steel 137.62 ADDRESSES:
Tube Share Co., Ltd.. Acting Deputy Director, Office of Sustainable
Meeting address: Town & Country Fisheries, National Marine Fisheries Service.
Inn, 2008 Savannah Highway,
[FR Doc. 2015–24435 Filed 9–24–15; 8:45 am]
The Department will continue the Charleston, SC 29507; phone: (843) 571–
BILLING CODE 3510–22–P
suspension of liquidation of the entries 1000.
at issue pending expiration of the period Council address: South Atlantic
of appeal or, if appealed, pending a final Fishery Management Council, 4055
DEPARTMENT OF COMMERCE
and conclusive court decision. In the Faber Place Drive, Suite 201, N.
event the CIT’s ruling is not appealed Charleston, SC 29405. National Oceanic and Atmospheric
or, if appealed, upheld by the CAFC, the FOR FURTHER INFORMATION CONTACT: Kim Administration
Department will instruct U.S. Customs Iverson, Public Information Officer,
and Border Protection (‘‘CBP’’) to 4055 Faber Place Drive, Suite 201, North Western Pacific Fishery Management
liquidate entries of subject merchandise Charleston, SC 29405; phone: (843) 571– Council; Public Meeting
based on the revised assessment rates 4366 or toll free (866) SAFMC–10; fax:
AGENCY: National Marine Fisheries
calculated by the Department. (843) 769–4520; email: kim.iverson@
Service (NMFS), National Oceanic and
safmc.net.
Cash Deposit Requirements Atmospheric Administration (NOAA),
SUPPLEMENTARY INFORMATION: This Commerce.
Since the AR1 Final Results, the workshop is being held for Council ACTION: Notice of a public meeting and
Department has not established a new members to discuss the further hearing.
cash deposit rate for Chengde. As a development of a Vision Blueprint
result, in accordance with section
mstockstill on DSK4VPTVN1PROD with NOTICES
(long-term strategic plan) for the South SUMMARY: The Western Pacific Fishery
751(a)(1) of the Act, the Department will Atlantic snapper grouper fishery. The Management Council (Council) will
instruct CBP to collect a cash deposit of outcome of the workshop will consist of hold a meeting of its Commonwealth of
137.62 percent for entries of subject a Vision Blueprint document outlining the Northern Mariana Islands (CNMI)
merchandise exported by Chengde, strategic goals, objectives, and strategies Mariana Archipelago Fishery Ecosystem
effective September 7, 2015. for managing the snapper grouper Plan (FEP) Advisory Panel (AP) and
fishery going forward. The document Hawaii Archipelago FEP AP to discuss
7 See ATP at 11–21. will be provided to the Council at the and make recommendations on fishery
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Document Created: 2018-02-26 10:20:05
Document Modified: 2018-02-26 10:20:05
| 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 | |
| Dates | Effective Date: September 7, 2015. | |
| Contact | Paul Stolz, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4474. | |
| FR Citation | 80 FR 57789 |
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