81 FR 36876 - Certain Oil Country Tubular Goods From the Republic of Turkey: Notice of Court Decision Not in Harmony With the Final Determination of the Less Than Fair Value Investigation and Notice of Amended Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 110 (June 8, 2016)

On May 10, 2016, the United States Court of International Trade (CIT) sustained the Final Remand Redetermination \1\ pertaining to the less-than-fair-value (LTFV) investigation of certain oil country tubular goods from the Republic of Turkey (OCTG from Turkey).\2\ 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 CIT'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 [Ccedil]ayirova Boru Sanayi ve Ticaret A.[Scedil]. and Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.[Scedil]. (collectively, Y[uuml]cel). The period of investigation (POI) is July 1, 2012, through June 30, 2013. ---------------------------------------------------------------------------

[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Page 36876]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13536]



[[Page 36876]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-816]


Certain Oil Country Tubular Goods From the Republic of Turkey: 
Notice of Court Decision Not in Harmony With the Final Determination of 
the Less Than Fair Value Investigation and Notice of Amended Final 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 10, 2016, the United States Court of International 
Trade (CIT) sustained the Final Remand Redetermination \1\ pertaining 
to the less-than-fair-value (LTFV) investigation of certain oil country 
tubular goods from the Republic of Turkey (OCTG from Turkey).\2\ 
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 CIT'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 [Ccedil]ayirova Boru Sanayi ve Ticaret A.[Scedil]. and 
Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.[Scedil]. (collectively, 
Y[uuml]cel). The period of investigation (POI) is July 1, 2012, through 
June 30, 2013.
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    \1\ See Final Results of Redetermination Pursuant to Court 
Remand (Final Remand Redetermination) in Maverick Tube Corporation 
et al v. United States, Consol. Court No. 14-00244, Slip Op. 15-107 
(Ct. Int'l Trade September 24, 2015) (Remand Order), aff'd Maverick 
Tube Corporation et al v. United States, Consol. Court No. 14-00244, 
Slip Op. 16-46, (Ct. Int'l Trade May 10, 2016). The Final Remand 
Redetermination is accessible at http://enforcement.trade.gov/remands/15-107.pdf.
    \2\ See Certain Oil Country Tubular Goods From the Republic of 
Turkey: Final Determination of Sales at Less Than Fair Value and 
Affirmative Final Determination of Critical Circumstances, in Part, 
79 FR 41971 (July 18, 2014) (Final Determination).

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DATES: Effective May 20, 2016.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, 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) 482-3683 or (202) 482-1690, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 24, 2015, the CIT issued the Remand Order, directing 
the Department to reconsider the constructed value (CV) profit rate 
calculation used in the dumping margin analysis for Y[uuml]cel, and 
granting the Department a voluntary remand to reconsider the duty 
drawback adjustment for Y[uuml]cel.\3\ On remand, the Department: (1) 
Recalculated Y[uuml]cel's CV profit rate by replacing Y[uuml]cel's CV 
profit and CV selling expenses with an aggregate figure representing 
the calculated CV profit and selling expenses of Borusan Manesmann Boru 
Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret A.S., the other 
mandatory respondent in this investigation, pursuant to section 
773(e)(2)(B)(ii) of the Tariff Act of 1930, as amended (the Act); and 
(2) denied a duty drawback adjustment in its entirety for Y[uuml]cel in 
its margin calculation.\4\ As a result, the estimated weighted-average 
dumping margin for Y[uuml]cel changed. On May 10, 2016, the Court 
upheld the Final Remand Redetermination in full.\5\
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    \3\ See Remand Order, Slip Op. 15-107 at 25-26, 30-38.
    \4\ See Final Remand Redetermination at 7-9, 24-28.
    \5\ See Maverick, Slip Op. 16-46 at 11-22.
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Timken Notice

    In its decision in Timken, as clarified by Diamond Sawblades, the 
CAFC held that, pursuant to section 516A(e) of 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 May 10, 2016, final 
judgment affirming the Final 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.

Amended Final Determination

    Because there is now a final court decision, the Department is 
amending the Final Determination with respect to Y[uuml]cel's weighted-
average dumping margin for the period July 1, 2012, through June 30, 
2013, effective May 20, 2016. The revised weighted-average dumping 
margin for [Ccedil]ayirova Boru Sanayi ve Ticaret A.[Scedil]. and 
Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.[Scedil]. (collectively, 
Y[uuml]cel) is 13.59 percent.
    Accordingly, the Department will continue the suspension of 
liquidation pending the expiration of the period of appeal or if 
appealed, pending a final and conclusive court decision.

Cash Deposit Requirements

    Since the Final Determination, the Department has not established a 
new cash deposit rate for Y[uuml]cel. As a result, in accordance with 
section 735(c)(1)(B) of the Act, the Department will instruct CBP to 
collect a cash deposit of 13.59 percent, adjusted where appropriate for 
export subsidies,\6\ for entries of subject merchandise produced and/or 
exported by Y[uuml]cel, effective May 20, 2016.
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    \6\ See Final Determination, 79 FR at 41972-73 (``In the final 
determination of the companion countervailing duty investigation on 
OCTG from Turkey, the Department determined that the all other 
companies benefitted from export subsidies. Pursuant to sections 
735(c)(1) and 772(c)(1)(C) of the Act and 19 CFR 351.210(d), the 
Department will instruct CBP to require cash deposits equal to the 
weighted-average dumping margins indicated below, adjusted where 
appropriate for export subsidies''); see also Final Results of 
Remand Redetermination pursuant to the CIT orders in Borusan 
Mannesmann Boru Sanayi Ve Ticaret A.S. and Borusan Istikbal Ticaret 
v. United States, 61 F. Supp. 3d 1306 (April 22, 2015) and Maverick 
Tube Corporation v. United States, Consol. Court No. 14-00229, Slip 
Op. 15-59 (June 15, 2015) (accessible at http://enforcement.trade.gov/remands/15-59.pdf), and Oil Country Tubular 
Goods from Turkey: Notice of Court Decision Not in Harmony With the 
Final Determination of the Countervailing Duty Investigation; 81 FR 
12691, (March 10, 2016) (in which the Department calculated the 
``All Others'' subsidy rate of 2.39 percent, including the 
countervailable subsidy rate for export subsidies in the amount of 
0.22 percent). Y[uuml]cel's cash-deposit rate will be calculated by 
subtracting the countervailable subsidy rate for export subsidies 
calculated in the countervailing duty final results of 
redetermination, 0.22 percent, from the weighted-average dumping 
margin rate of 13.59 percent, i.e., 13.37 percent.
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 735(d) and 777(i)(1) of the Act.

    Dated: May 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-13536 Filed 6-7-16; 8:45 am]
 BILLING CODE 3510-DS-P