81 FR 36267 - 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; 2012
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 108 (June 6, 2016)
International Trade Administration
Federal Register Volume 81, Issue 108 (June 6, 2016)
| Page Range | 36267-36268 | |
| FR Document | 2016-13282 |
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)] [Notices] [Pages 36267-36268] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13282] ----------------------------------------------------------------------- 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; 2012 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 11, 2016, 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,\3\ 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, 2012, through December 31, 2012 (POR).\4\ --------------------------------------------------------------------------- \1\ See Toscelik Profil Ve SAC Endustrisi A.S. v. United States, Court No. 14-00211, Slip. Op. 16-50 (CIT May 11, 2016) (Toscelik II). \2\ See Final Results Of Redetermination Pursuant To Court Remand, Court No. 14-00211, Slip Op. 16-50 (May 11, 2016, May 11, 2016) (Final Remand Results), which is available at http://enforcement.trade.gov/remands/index.html. \3\ See Toscelik Profil Ve SAC Endustrisi A.S. v. United States, Court No. 14-00211, Slip. Op. 15-144 (CIT December 21, 2015) (Toscelik I). \4\ 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 (Aug. 27, 2014) and accompanying Issues and Decisions Memorandum (2012 Final Results). --------------------------------------------------------------------------- Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken,\5\ as clarified by Diamond Sawblades,\6\ the Department is notifying the public that the final judgment in this case is not in harmony with the Department's 2012 Final Results. The Department is also amending the 2012 Final Results with respect to Toscelik Profil Ve SAC Endustrisi A.S. (Toscelik). --------------------------------------------------------------------------- \5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). \6\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- DATES: Effective May 21, 2016. 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 August 27, 2014, the Department issued the 2012 Final Results.\7\ In the 2012 Final Results, the Department assigned Toscelik the total net subsidy rate it had calculated for Toscelik in the prior review of that company, the 2011 Final Results.\8\ Toscelik had challenged its rate in the 2011 Final Results at the Court and, as a result of remand redetermination and the Court's affirmance thereof, Toscelik's rate from the 2011 Final Results decreased.\9\ Toscelik then challenged the Department's 2012 Final Results, contending that the results of its challenge to the rate from the 2011 Final Results should extent to the rate the Department assigned Toscelik for the 2012 POR. At issue in the instant litigation was whether the Department should apply the rate the Department determined in the 2011 Amended Final Results to the 2012 Final Results, instead of the rate originally assigned to Toscelik, notwithstanding that Toscelik failed to exhaust its administrative remedies on this issue. --------------------------------------------------------------------------- \7\ See 2012 Final Results. \8\ See Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2011; 78 FR 64916, dated October 30, 2013. \9\ See Circular Welded Carbon Steel Pipes and Tubes From Turkey Toscelik Profil ve Sac Endustrisi AS v. United States Court No. 13- 00371; Slip Op. 14-126 (CIT 2014), dated February 13, 2015. --------------------------------------------------------------------------- The Court held that absent the administrative record underlying the 2011 subsidy rate (pulled forward to 2012), Toscelik lacked an argument ``that could have resulted in redress of the error in the eleventh review.'' \10\ The Court further held that the 2012 determination with regard to Toscelik represented a ``derivative action'' that ``turns wholly on the lawfulness vel non of the {2011 review{time} .'' \11\ The Court, thus, considered that in this case the law did not require Toscelik to file an administrative brief merely to preserve the right to appeal and directed Commerce to consider in its remand the [[Page 36268]] amended final results of the 2011 review. --------------------------------------------------------------------------- \10\ See Toscelik I, at 10. \11\ Id. at 11. --------------------------------------------------------------------------- On April 15, 2016, the Department filed the Final Remand Results with the Court, in which it assigned Toscelik for the 2012 review Toscelik's amended de minimis rate from the 2011 Amended Final Results, which was de minimis.\12\ On May 11, 2016, the Court entered judgment sustaining the Final Remand Results.\13\ --------------------------------------------------------------------------- \12\ See Final Remand Results at 5-6. While subject to the 2011 review, Toscelik was not selected for individual examination. \13\ See Toscelik II at 1. --------------------------------------------------------------------------- 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 2012 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 2012 Final Results with respect to Toscelik. The revised net subsidy rate for Toscelik during the period January 1, 2012, through December 31, 2012, is as follows: ------------------------------------------------------------------------ Producer/exporter Total net subsidy rate ------------------------------------------------------------------------ Toscelik Profil ve Sac Endustrisi A.S..... 0.44 percent, de minimis. ------------------------------------------------------------------------ Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In the event the Court's ruling is not appealed or, if appealed, upheld in a final and conclusive court decision, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on unliquidated entries of subject merchandise exported by the above listed exporters at the rate listed above. Cash Deposit Requirements Since the 2012 Final Results, the Department has established a new cash deposit rate for Toscelik.\14\ Therefore, the cash deposit rate for Toscelik does not need to be updated as a result of these amended final results. --------------------------------------------------------------------------- \14\ See Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2013 and Rescission of Countervailing Duty Administrative Review, in Part, 80 FR 61361 (October 13, 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: May 27, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-13282 Filed 6-3-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices 36267
issues impacting foreign direct Dated: June 1, 2016. respect to Toscelik Profil Ve SAC
investment into the United States, Li Zhou, Endustrisi A.S. (Toscelik).
including investment opportunities Executive Secretary, United States Investment DATES: Effective May 21, 2016.
across U.S. regions, regulations and Advisory Council. FOR FURTHER INFORMATION CONTACT: John
visas, in addition to other topics. The [FR Doc. 2016–13284 Filed 6–3–16; 8:45 am] Conniff, AD/CVD Operations Office III,
agenda may change to accommodate BILLING CODE 3510–DR–P Enforcement and Compliance,
Council business. The final agenda will International Trade Administration,
be posted on the Department of U.S. Department of Commerce, 14th
Commerce Web site for the Council at DEPARTMENT OF COMMERCE Street and Constitution Avenue NW.,
http://trade.gov/IAC, at least one week Washington, DC 20230; telephone: (202)
in advance of the meeting. International Trade Administration 482–1009.
DATES: Tuesday, June 21, 2016, 9 a.m.– SUPPLEMENTARY INFORMATION:
[C–489–502]
12 p.m. EDT. Background
ADDRESSES: The United States Circular Welded Carbon Steel Pipes On August 27, 2014, the Department
Investment Advisory Council meeting and Tubes From Turkey: Notice of issued the 2012 Final Results.7 In the
will be broadcast via live webcast on the Court Decision Not in Harmony With 2012 Final Results, the Department
Internet at http://whitehouse.gov/live. Final Results of Countervailing Duty assigned Toscelik the total net subsidy
Administrative Review and Notice of rate it had calculated for Toscelik in the
FOR FURTHER INFORMATION CONTACT: Li Amended Final Results of prior review of that company, the 2011
Zhou, the United States Investment Countervailing Duty Administrative Final Results.8 Toscelik had challenged
Advisory Council, Room 4043, 1401 Review; 2012 its rate in the 2011 Final Results at the
Constitution Avenue NW., Washington,
Court and, as a result of remand
DC 20230, telephone: 202–482–4501, AGENCY: Enforcement and Compliance,
redetermination and the Court’s
email: IAC@trade.gov. International Trade Administration,
affirmance thereof, Toscelik’s rate from
Department of Commerce.
SUPPLEMENTARY INFORMATION: the 2011 Final Results decreased.9
SUMMARY: On May 11, 2016, the United Toscelik then challenged the
Background: The Council advises the States Court of International Trade (the
Secretary of Commerce on matters Department’s 2012 Final Results,
Court) issued Toscelik II,1 which contending that the results of its
relating to the promotion and retention sustained the Final Remand Results 2
of foreign direct investment in the challenge to the rate from the 2011 Final
that the Department of Commerce (the Results should extent to the rate the
United States. Department) issued in connection with Department assigned Toscelik for the
Public Participation: The public is Toscelik I,3 concerning the Department’s 2012 POR. At issue in the instant
invited to submit written statements to final results of administrative review of litigation was whether the Department
the United States Investment Advisory the countervailing duty order on should apply the rate the Department
Council. Statements must be received by circular welded carbon steel pipes and determined in the 2011 Amended Final
5:00 p.m. EDT June 14, 2016 by either tubes from Turkey covering the period Results to the 2012 Final Results,
of the following methods: of review January 1, 2012, through instead of the rate originally assigned to
a. Electronic Submissions December 31, 2012 (POR).4 Toscelik, notwithstanding that Toscelik
Consistent with the decision of the failed to exhaust its administrative
Submit statements electronically to Li United States Court of Appeals for the remedies on this issue.
Zhou, Executive Secretary, United Federal Circuit (CAFC) in Timken,5 as The Court held that absent the
States Investment Advisory Council via clarified by Diamond Sawblades,6 the administrative record underlying the
email: IAC@trade.gov. Department is notifying the public that 2011 subsidy rate (pulled forward to
b. Paper Submissions the final judgment in this case is not in 2012), Toscelik lacked an argument
harmony with the Department’s 2012 ‘‘that could have resulted in redress of
Send paper statements to Li Zhou, Final Results. The Department is also the error in the eleventh review.’’ 10 The
Executive Secretary, United States amending the 2012 Final Results with Court further held that the 2012
Investment Advisory Council, Room determination with regard to Toscelik
4043, 1401 Constitution Avenue NW., 1 See Toscelik Profil Ve SAC Endustrisi A.S. v. represented a ‘‘derivative action’’ that
Washington, DC 20230. Statements will United States, Court No. 14–00211, Slip. Op. 16– ‘‘turns wholly on the lawfulness vel non
be posted on the United States 50 (CIT May 11, 2016) (Toscelik II).
2 See Final Results Of Redetermination Pursuant
of the {2011 review}.’’ 11 The Court,
Investment Advisory Council Web site thus, considered that in this case the
To Court Remand, Court No. 14–00211, Slip Op.
(http://trade.gov/IAC) without change, 16–50 (May 11, 2016, May 11, 2016) (Final Remand law did not require Toscelik to file an
including any business or personal Results), which is available at http:// administrative brief merely to preserve
information provided such as names, enforcement.trade.gov/remands/index.html. the right to appeal and directed
3 See Toscelik Profil Ve SAC Endustrisi A.S. v.
addresses, email addresses, or telephone Commerce to consider in its remand the
United States, Court No. 14–00211, Slip. Op. 15–
numbers. All statements received, 144 (CIT December 21, 2015) (Toscelik I).
including attachments and other 4 See Circular Welded Carbon Steel Pipes and 7 See 2012 Final Results.
supporting materials, are part of the Tubes From Turkey: Final Results of Countervailing 8 See Circular Welded Carbon Steel Pipes and
public record and subject to public Duty Administrative Review; Calendar Year 2012 Tubes From Turkey: Final Results of Countervailing
sradovich on DSK3TPTVN1PROD with NOTICES
and Rescission of Countervailing Duty Duty Administrative Review; Calendar Year 2011;
disclosure. You should submit only 78 FR 64916, dated October 30, 2013.
Administrative Review, in Part, 79 FR 51140 (Aug.
information that you wish to make 27, 2014) and accompanying Issues and Decisions 9 See Circular Welded Carbon Steel Pipes and
publicly available. Memorandum (2012 Final Results). Tubes From Turkey Toscelik Profil ve Sac
5 See Timken Co. v. United States, 893 F.2d 337 Endustrisi AS v. United States Court No. 13–00371;
Meeting minutes: Copies of the Slip Op. 14–126 (CIT 2014), dated February 13,
(Fed. Cir. 1990) (Timken).
Council’s meeting minutes will be 6 See Diamond Sawblades Mfrs. Coalition v. 2015.
available within ninety (90) days of the United States, 626 F.3d 1374 (Fed. Cir. 2010) 10 See Toscelik I, at 10.
meeting. (Diamond Sawblades). 11 Id. at 11.
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![36268 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices
amended final results of the 2011 deposit rate for Toscelik.14 Therefore, Notice of No Sales
review. the cash deposit rate for Toscelik does If a producer or exporter named in
On April 15, 2016, the Department not need to be updated as a result of this notice of initiation had no exports,
filed the Final Remand Results with the these amended final results. sales, or entries during the period of
Court, in which it assigned Toscelik for Notification to Interested Parties review (‘‘POR’’), it must notify the
the 2012 review Toscelik’s amended de Department within 30 days of
minimis rate from the 2011 Amended This notice is issued and published in publication of this notice in the Federal
Final Results, which was de minimis.12 accordance with sections 516A(e), Register. All submissions must be filed
On May 11, 2016, the Court entered 751(a)(1), and 777(i)(1) of the Act. electronically at http://access.trade.gov
judgment sustaining the Final Remand Dated: May 27, 2016. in accordance with 19 CFR 351.303.1
Results.13 Paul Piquado, Such submissions are subject to
Timken Notice Assistant Secretary for Enforcement and verification in accordance with section
Compliance. 782(i) of the Tariff Act of 1930, as
In Timken, 893 F.2d at 341, as [FR Doc. 2016–13282 Filed 6–3–16; 8:45 am] amended (‘‘the Act’’). Further, in
clarified by Diamond Sawblades, 626 accordance with 19 CFR 351.303(f)(1)(i),
BILLING CODE 3510–DS–P
F.3d at 1381, the CAFC held that, a copy must be served on every party on
pursuant to section 516A(e) of the Tariff the Department’s service list.
Act of 1930, as amended (the Act), the DEPARTMENT OF COMMERCE
Department must publish a notice of a Respondent Selection
court decision that is not ‘‘in harmony’’ International Trade Administration In the event the Department limits the
with a Department determination and number of respondents for individual
must suspend liquidation of entries Initiation of Antidumping and examination for administrative reviews
pending a ‘‘conclusive’’ court decision. Countervailing Duty Administrative initiated pursuant to requests made for
The Court’s judgment in Toscelik II Reviews the orders identified below, the
sustaining the Final Remand Results Department intends to select
AGENCY: Enforcement and Compliance,
constitutes a final decision of the Court respondents based on U.S. Customs and
International Trade Administration,
that is not in harmony with the Border Protection (‘‘CBP’’) data for U.S.
Department of Commerce.
Department’s 2012 Final Results. This imports during the period of review. We
SUMMARY: The Department of Commerce
notice is published in fulfillment of the intend to place the CBP data on the
(‘‘the Department’’) has received record within five days of publication of
publication requirement of Timken.
requests to conduct administrative the initiation notice and to make our
Amended Final Results reviews of various antidumping and decision regarding respondent selection
countervailing duty orders and findings within 30 days of publication of the
Because there is now a final court
with April anniversary dates. In initiation Federal Register notice.
decision, the Department is amending
accordance with the Department’s Comments regarding the CBP data and
the 2012 Final Results with respect to
regulations, we are initiating those respondent selection should be
Toscelik. The revised net subsidy rate
administrative reviews. submitted seven days after the
for Toscelik during the period January 1,
2012, through December 31, 2012, is as DATES: Effective Dates: June 6, 2016. placement of the CBP data on the record
follows: FOR FURTHER INFORMATION CONTACT: of this review. Parties wishing to submit
Brenda E. Waters, Office of AD/CVD rebuttal comments should submit those
Producer/exporter Total net subsidy rate Operations, Customs Liaison Unit, comments five days after the deadline
Enforcement and Compliance, for the initial comments.
Toscelik Profil ve Sac 0.44 percent, de mini- International Trade Administration, In the event the Department decides
Endustrisi A.S. mis. it is necessary to limit individual
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., examination of respondents and
Accordingly, the Department will Washington, DC 20230, telephone: (202) conduct respondent selection under
continue the suspension of liquidation 482–4735. section 777A(c)(2) of the Act:
of the subject merchandise pending the In general, the Department has found
SUPPLEMENTARY INFORMATION:
expiration of the period of appeal or, if that determinations concerning whether
appealed, pending a final and Background particular companies should be
conclusive court decision. In the event ‘‘collapsed’’ (i.e., treated as a single
The Department has received timely
the Court’s ruling is not appealed or, if entity for purposes of calculating
requests, in accordance with 19 CFR
appealed, upheld in a final and antidumping duty rates) require a
351.213(b), for administrative reviews of
conclusive court decision, the substantial amount of detailed
various antidumping and countervailing
Department will instruct U.S. Customs information and analysis, which often
duty orders and findings with April
and Border Protection to assess require follow-up questions and
anniversary dates.
antidumping duties on unliquidated analysis. Accordingly, the Department
All deadlines for the submission of
entries of subject merchandise exported will not conduct collapsing analyses at
various types of information,
by the above listed exporters at the rate the respondent selection phase of this
certifications, or comments or actions by
listed above. review and will not collapse companies
the Department discussed below refer to
Cash Deposit Requirements the number of calendar days from the at the respondent selection phase unless
sradovich on DSK3TPTVN1PROD with NOTICES
applicable starting time. there has been a determination to
Since the 2012 Final Results, the collapse certain companies in a
Department has established a new cash previous segment of this antidumping
14 See Circular Welded Carbon Steel Pipes and
Tubes From Turkey: Final Results of Countervailing
12 See Final Remand Results at 5–6. While subject
Duty Administrative Review; Calendar Year 2013 1 See Antidumping and Countervailing Duty
to the 2011 review, Toscelik was not selected for and Rescission of Countervailing Duty Proceedings: Electronic Filing Procedures;
individual examination. Administrative Review, in Part, 80 FR 61361 Administrative Protective Order Procedures, 76 FR
13 See Toscelik II at 1. (October 13, 2015). 39263 (July 6, 2011).
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Document Created: 2016-06-04 00:16:37
Document Modified: 2016-06-04 00:16:37
| 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 May 21, 2016. | |
| 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 | 81 FR 36267 |
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