81 FR 12691 - Oil Country Tubular Goods From Turkey: Notice of Court Decision Not in Harmony With the Final Determination of the Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 47 (March 10, 2016)
International Trade Administration
Federal Register Volume 81, Issue 47 (March 10, 2016)
| Page Range | 12691-12692 | |
| FR Document | 2016-05408 |
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)] [Notices] [Pages 12691-12692] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05408] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-489-817] Oil Country Tubular Goods From Turkey: Notice of Court Decision Not in Harmony With the Final Determination of the Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 22, 2016, the United States Court of International Trade (CIT) sustained \1\ the Department of Commerce's (the Department) final results of a redetermination \2\ issued pursuant to the CIT's remand orders in Borusan Mannesmann Boru Sanayi Ve Ticaret A.S. and Borusan Istikbal Ticaret v. United States, 61 F. Supp. 3d 1306 (CIT April 22, 2015) (Borusan) and Maverick Tube Corporation v. United States, Consol. Court No. 14-00229, Slip Op. 15-59 (CIT June 15, 2015) (Maverick) \3\, with respect to the Department's Final Determination of the countervailing duty (CVD) investigation of oil country tubular goods from Turkey.\4\ 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 Court's final judgment in this case is not in harmony with the Final Determination, and that the Department is amending the Final Determination with respect to Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), Toscelik Profil ve Sac Endustrisi A.S. (Toscelik), and the ``all others'' rate. --------------------------------------------------------------------------- \1\ See Maverick Tube Corporation v. United States, CIT Consol. Court No. 14-00229, Slip Op. 16-16 (February 22, 2016). \2\ See Final Results of Remand Redetermination, Court No. 14- 00229, dated August 31, 2015, available at: http://ia.ita.doc.gov/remands/ (Remand Redetermination). \3\ On June 22, 2015, the CIT granted a motion to consolidate Court No. 14-00214 into Consolidated Court No. 14-00229. \4\ See Certain Oil Country Tubular Goods From the Republic of Turkey: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, 79 FR 41964 (July 18, 2014) (Final Determination). The Department issued a countervailing duty order in this proceeding on September 10, 2014. See Certain Oil Country Tubular Goods From India and the Republic of Turkey: Countervailing Duty Orders and Amended Affirmative Final Countervailing Duty Determination for India, 79 FR 53688 (September 10, 2014) (Order). --------------------------------------------------------------------------- DATES: Effective Date: March 3, 2016. FOR FURTHER INFORMATION CONTACT: Peter Zukowski or Nicholas Czajkowski, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482-0189 or (202) 482-1395, respectively. SUPPLEMENTARY INFORMATION: Background In Borusan, the CIT remanded for further consideration the Department's finding of distortion in the Turkish hot-rolled steel (HRS) market, the Department's selection of a HRS benchmark, and the Department's application of facts available with adverse inferences with respect to purchases of HRS by the respondent Borusan. In Maverick, the CIT remanded issues pertaining to the Department's HRS benchmark calculations as well and, in addition, the Department's benchmark valuation for a parcel of land that the Government of Turkey (GOT) granted to the respondent Toscelik in 2008 for less than adequate remuneration (LTAR). On August 31, 2015, the Department issued its Remand Redetermination. In its Remand Redetermination, the Department, under protest, conducted a new HRS market analysis consistent with the Court's remand order, determined that under that specific analysis the HRS market was not distorted in Turkey, and pursuant to section 19 CFR 351.511(a)(2)(ii), determined to use transaction prices in Turkey as a benchmark to calculate the benefit from the provision of HRS to Borusan and Toscelik during the period of investigation.\5\ In addition, the Department revised the benchmark valuation to calculate the benefit [[Page 12692]] Toscelik received from the provision of the land parcel for LTAR.\6\ The resulting calculations have changed the countervailing duty rates calculated for Borusan, Toscelik, and the all others rate. --------------------------------------------------------------------------- \5\ Remand Redetermination at 18. \6\ Id. at 28. --------------------------------------------------------------------------- As explained above, on February 22, 2016, the CIT affirmed the Department's Remand Redetermination. Timken Notice In its decision in Timken, 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 February 22, 2016, final judgment affirming the Remand Redetermination constitutes a final decision of that court which is not in harmony with the Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue suspension of liquidation of the subject merchandise pending expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Amended Final Determination Because there is now a final court decision with respect to the Final Determination, the Department amends its Final Determination. The Department finds that the following revised net countervailable subsidy rates exist: ------------------------------------------------------------------------ Net subsidy Producer/exporter rate (percent) ------------------------------------------------------------------------ Borusan Istikbal Ticaret, Borusan Mannesmann Boru 2.39 Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S., and Borusan Holding A.S................................ Tosyali Dis Ticaret A.S, Tos[ccedil]elik Profil ve Sac * 0.95 Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir Celik San. A.S., and Tosyali Holding A.S.................................... All Others.............................................. 2.39 ------------------------------------------------------------------------ * De minimis. Because the revised countervailable subsidy rate for Toscelik is de minimis, there is now a negative countervailing duty determination for Toscelik. Accordingly, the Department will instruct United States Customs and Border Protection (CBP) to continue suspension of liquidation of Toscelik's subject merchandise, but set the cash deposit rate for Toscelik to zero pending a final and conclusive court decision. For Borusan, the Department will instruct CBP to set the cash deposit rate to the rate listed above, again, pending a final and conclusive court decision. In the Final Determination, in accordance with section 705(c)(5)(A) of the Act, for companies not individually investigated, we applied an ``all-others'' rate of 9.21 percent. This rate was calculated as the average of the rates determined for Borusan and Toscelik (15.89 and 2.53, respectively).\7\ As noted above, Toscelik's amended countervailable subsidy rate is de minimis. Section 705(c)(5)(i) of the Act stipulates that the ``all-others'' rate should exclude zero and de minimis rates calculated for the companies individually investigated. Therefore, for purposes of this amended Final Determination, the Department will instruct CBP that the ``all-others'' cash deposit rate is to be amended to Borusan's revised calculated subsidy rate, 2.39 percent. --------------------------------------------------------------------------- \7\ See Final Determination, 79 FR at 41965. --------------------------------------------------------------------------- This notice is issued and published in accordance with sections 516A(e)(1), 705(c)(1)(B), and 777(i)(1) of the Act. Dated: March 4, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-05408 Filed 3-9-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices 12691
Weighted-average Disclosure the United States Court of Appeals for
Producer and/or
exporter dumping margin We will disclose the calculations the Federal Circuit (CAFC) in Timken
(percent) Co. v. United States, 893 F.2d 337 (Fed.
performed for these amended final
Cir. 1990) (Timken), as clarified by
La Molisana S.p.A ........ 6.43 results to interested parties within five Diamond Sawblades Mfrs. Coalition v.
Rummo S.p.A., Lenta business days of the date of the
publication of this notice in accordance United States, 626 F.3d 1374 (Fed. Cir.
Lavorazione, Pasta
Castiglioni, and with 19 CFR 351.224(b). 2010) (Diamond Sawblades), the
Rummo S.p.A. Molino We are issuing and publishing this Department is notifying the public that
e Pastificio (collec- notice in accordance with sections the Court’s final judgment in this case
tively, the Rummo 751(h) and 777(i)(1) of the Act and 19 is not in harmony with the Final
Group) ....................... 0.00 CFR 351.224(e). Determination, and that the Department
Pastificio Andalini S.p.A. 6.43 is amending the Final Determination
Delverde Industrie Dated: March 4, 2016. with respect to Borusan Mannesmann
Alimentari S.p.A ........ 6.43 Paul Piquado, Boru Sanayi ve Ticaret A.S. (Borusan),
Assistant Secretary for Enforcement and Toscelik Profil ve Sac Endustrisi A.S.
Duty Assessment/Case Deposits Compliance. (Toscelik), and the ‘‘all others’’ rate.
[FR Doc. 2016–05407 Filed 3–9–16; 8:45 am] DATES: Effective Date: March 3, 2016.
The Department intends to issue BILLING CODE 3510–DS–P FOR FURTHER INFORMATION CONTACT:
assessment instructions to CBP 15 days Peter Zukowski or Nicholas Czajkowski,
after the date of publication of these AD/CVD Operations, Office I,
amended final results to liquidate DEPARTMENT OF COMMERCE Enforcement and Compliance,
shipments of subject merchandise International Trade Administration,
produced and/or exported by International Trade Administration
U.S. Department of Commerce, 1401
respondents listed above entered, or [C–489–817] Constitution Avenue NW., Washington,
withdrawn form warehouse, for DC, 20230; telephone (202) 482–0189 or
consumption on or after July 1, 2013, Oil Country Tubular Goods From (202) 482–1395, respectively.
through June 30, 2014. Turkey: Notice of Court Decision Not in SUPPLEMENTARY INFORMATION:
Harmony With the Final Determination
Pursuant to section 751(a)(2)(C) of the Background
of the Countervailing Duty
Act, the Department also intends to
Investigation In Borusan, the CIT remanded for
instruct CBP to collect cash deposits of
further consideration the Department’s
estimated dumping duties, in the AGENCY: Enforcement and Compliance,
finding of distortion in the Turkish hot-
amounts shown above for each of the International Trade Administration,
rolled steel (HRS) market, the
respective companies shown above, on Department of Commerce.
Department’s selection of a HRS
shipments of subject merchandise SUMMARY: On February 22, 2016, the benchmark, and the Department’s
entered, or withdrawn from warehouse, United States Court of International application of facts available with
for consumption on or after February 17, Trade (CIT) sustained 1 the Department adverse inferences with respect to
2016, the date of publication of the of Commerce’s (the Department) final purchases of HRS by the respondent
Final Results. For all non-reviewed results of a redetermination 2 issued Borusan. In Maverick, the CIT remanded
firms, we will instruct CBP to continue pursuant to the CIT’s remand orders in issues pertaining to the Department’s
to collect cash deposits at the most- Borusan Mannesmann Boru Sanayi Ve HRS benchmark calculations as well
recent company-specific or all-others Ticaret A.S. and Borusan Istikbal and, in addition, the Department’s
rate applicable to the company, as Ticaret v. United States, 61 F. Supp. 3d benchmark valuation for a parcel of land
appropriate. These cash deposit 1306 (CIT April 22, 2015) (Borusan) and that the Government of Turkey (GOT)
requirements, when imposed, shall Maverick Tube Corporation v. United granted to the respondent Toscelik in
remain in effect until further notice. States, Consol. Court No. 14–00229, Slip 2008 for less than adequate
Op. 15–59 (CIT June 15, 2015) remuneration (LTAR).
Administrative Protective Order (Maverick) 3, with respect to the On August 31, 2015, the Department
Department’s Final Determination of the issued its Remand Redetermination. In
This notice also serves as a reminder
countervailing duty (CVD) investigation its Remand Redetermination, the
to parties subject to administrative
of oil country tubular goods from Department, under protest, conducted a
protective orders (‘‘APO’’) of their
Turkey.4 Consistent with the decision of new HRS market analysis consistent
responsibility concerning the return or
with the Court’s remand order,
destruction of proprietary information 1 See Maverick Tube Corporation v. United States,
determined that under that specific
disclosed under APO in accordance CIT Consol. Court No. 14–00229, Slip Op. 16–16
(February 22, 2016). analysis the HRS market was not
with 19 CFR 351.305(a)(3), which
2 See Final Results of Remand Redetermination, distorted in Turkey, and pursuant to
continues to govern business
Court No. 14–00229, dated August 31, 2015, section 19 CFR 351.511(a)(2)(ii),
proprietary information in this segment available at: http://ia.ita.doc.gov/remands/ determined to use transaction prices in
of the proceeding. Timely written (Remand Redetermination).
Turkey as a benchmark to calculate the
notification of the return/destruction of 3 On June 22, 2015, the CIT granted a motion to
benefit from the provision of HRS to
APO materials, or conversion to judicial consolidate Court No. 14–00214 into Consolidated
Court No. 14–00229. Borusan and Toscelik during the period
mstockstill on DSK4VPTVN1PROD with NOTICES
protective order, is hereby requested. 4 See Certain Oil Country Tubular Goods From of investigation.5 In addition, the
Failure to comply with the regulations the Republic of Turkey: Final Affirmative Department revised the benchmark
and the terms of an APO is a Countervailing Duty Determination and Final
valuation to calculate the benefit
sanctionable violation. Affirmative Critical Circumstances Determination,
79 FR 41964 (July 18, 2014) (Final Determination).
The Department issued a countervailing duty order and Amended Affirmative Final Countervailing
margin of La Molisana (the sole mandatory in this proceeding on September 10, 2014. See Duty Determination for India, 79 FR 53688
respondent receiving an above de minimis margin Certain Oil Country Tubular Goods From India and (September 10, 2014) (Order).
in these final results). the Republic of Turkey: Countervailing Duty Orders 5 Remand Redetermination at 18.
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![12692 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices
Toscelik received from the provision of Tariff Act of 1930, as amended (the Act), the Department will continue
the land parcel for LTAR.6 The resulting the Department must publish a notice of suspension of liquidation of the subject
calculations have changed the a court decision that is not ‘‘in merchandise pending expiration of the
countervailing duty rates calculated for harmony’’ with a Department period of appeal or, if appealed,
Borusan, Toscelik, and the all others determination and must suspend pending a final and conclusive court
rate. liquidation of entries pending a decision.
As explained above, on February 22, ‘‘conclusive’’ court decision. The CIT’s
Amended Final Determination
2016, the CIT affirmed the Department’s February 22, 2016, final judgment
Remand Redetermination. affirming the Remand Redetermination Because there is now a final court
constitutes a final decision of that court decision with respect to the Final
Timken Notice which is not in harmony with the Final Determination, the Department amends
In its decision in Timken, as clarified Determination. This notice is published its Final Determination. The Department
by Diamond Sawblades, the CAFC held in fulfillment of the publication finds that the following revised net
that, pursuant to section 516A(e) of the requirements of Timken. Accordingly, countervailable subsidy rates exist:
Net subsidy
Producer/exporter rate
(percent)
Borusan Istikbal Ticaret, Borusan Mannesmann Boru Sanayi, Borusan Mannesmann Boru Yatirim Holding A.S., and Borusan
Holding A.S ...................................................................................................................................................................................... 2.39
Tosyali Dis Ticaret A.S, Tosçelik Profil ve Sac Endustrisi A.S., Tosyali Elektrik Enerjisi Toptan Satis Ith. Ihr. A.S., Tosyali Demir
Celik San. A.S., and Tosyali Holding A.S ........................................................................................................................................ * 0.95
All Others ............................................................................................................................................................................................. 2.39
* De minimis.
Because the revised countervailable This notice is issued and published in Kangfa is not eligible for a separate rate
subsidy rate for Toscelik is de minimis, accordance with sections 516A(e)(1), and, therefore is part of the PRC-wide
there is now a negative countervailing 705(c)(1)(B), and 777(i)(1) of the Act. entity. The Department invited
duty determination for Toscelik. Dated: March 4, 2016. interested parties to comment on the
Accordingly, the Department will Paul Piquado,
Preliminary Results. No parties
instruct United States Customs and commented. Accordingly, our final
Assistant Secretary for Enforcement and
Border Protection (CBP) to continue Compliance.
results remain unchanged from the
suspension of liquidation of Toscelik’s Preliminary Results.
[FR Doc. 2016–05408 Filed 3–9–16; 8:45 am]
subject merchandise, but set the cash BILLING CODE 3510–DS–P
DATES: Effective Date: March 10, 2016.
deposit rate for Toscelik to zero pending FOR FURTHER INFORMATION CONTACT:
a final and conclusive court decision. Michael J. Heaney or Robert James, AD/
For Borusan, the Department will DEPARTMENT OF COMMERCE CVD Operations, Office VI, Enforcement
instruct CBP to set the cash deposit rate and Compliance, International Trade
International Trade Administration Administration, U.S. Department of
to the rate listed above, again, pending
a final and conclusive court decision. Commerce, 14th Street and Constitution
[A–570–851]
Avenue NW., Washington, DC 20230;
In the Final Determination, in telephone (202) 482–4475 or (202) 482–
accordance with section 705(c)(5)(A) of Certain Preserved Mushrooms From
the People’s Republic of China: Final 0649, respectively.
the Act, for companies not individually
Results of Antidumping Duty SUPPLEMENTARY INFORMATION:
investigated, we applied an ‘‘all-others’’
rate of 9.21 percent. This rate was Administrative Review; 2014–2015
Background
calculated as the average of the rates AGENCY: Enforcement and Compliance, On November 6, 2015, the Department
determined for Borusan and Toscelik International Trade Administration, published the Preliminary Results. We
(15.89 and 2.53, respectively).7 As noted Department of Commerce. invited interested parties to comment on
above, Toscelik’s amended SUMMARY: On November 6, 2015, the the Preliminary Results, but no
countervailable subsidy rate is de Department of Commerce (the comments were received. Also, as
minimis. Section 705(c)(5)(i) of the Act Department) published the Preliminary explained in the memorandum from the
stipulates that the ‘‘all-others’’ rate Results of the 2014–2015 administrative Acting Assistant Secretary for
should exclude zero and de minimis review of the antidumping duty order Enforcement & Compliance, the
rates calculated for the companies on Certain Preserved Mushrooms from Department has exercised its authority
individually investigated. Therefore, for the People’s Republic of China.1 The to toll all administrative deadlines due
purposes of this amended Final period of review (POR) is February 1, to the recent closure of the Federal
Determination, the Department will 2014, through January 31, 2015. This Government. All deadlines in this
instruct CBP that the ‘‘all-others’’ cash review covers one mandatory segment of the proceeding have been
mstockstill on DSK4VPTVN1PROD with NOTICES
deposit rate is to be amended to respondent, Linyi City Kangfa Foodstuff extended by four business days. The
Borusan’s revised calculated subsidy Drinkable Co., Ltd. (Kangfa). In the revised deadline for the final results is
rate, 2.39 percent. Preliminary Results, we determined that now March 11, 2016.2
6 Id.at 28. Antidumping Duty Administrative Review, and Decision Memorandum (Preliminary Decision
7 See Final Determination, 79 FR at 41965. Rescission in Part, 80 FR 68836 (November 6, 2015) Memorandum).
1 See Certain Preserved Mushrooms from the (Preliminary Results), and the accompanying 2 See Memorandum to the File from Ron
People’s Republic of China: Preliminary Results of Lorentzen, Acting A/S for Enforcement &
VerDate Sep<11>2014 17:55 Mar 09, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\10MRN1.SGM 10MRN1](https://thefederalregister.org/doc/81_FR_12738/page/2.svg)
Document Created: 2018-02-02 15:12:08
Document Modified: 2018-02-02 15:12:08
| 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: March 3, 2016. | |
| Contact | Peter Zukowski or Nicholas Czajkowski, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC, 20230; telephone (202) 482-0189 or (202) 482-1395, respectively. | |
| FR Citation | 81 FR 12691 |
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