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)
International Trade Administration
Federal Register Volume 81, Issue 110 (June 8, 2016)
| Page Range | 36876-36876 | |
| FR Document | 2016-13536 |
[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]] ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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
![36876 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
DEPARTMENT OF COMMERCE Background appeal or if appealed, pending a final
and conclusive court decision.
International Trade Administration On September 24, 2015, the CIT
issued the Remand Order, directing the Cash Deposit Requirements
Department to reconsider the Since the Final Determination, the
[A–489–816] constructed value (CV) profit rate Department has not established a new
Certain Oil Country Tubular Goods calculation used in the dumping margin cash deposit rate for Yücel. As a result,
From the Republic of Turkey: Notice of analysis for Yücel, and granting the in accordance with section 735(c)(1)(B)
Court Decision Not in Harmony With Department a voluntary remand to of the Act, the Department will instruct
the Final Determination of the Less reconsider the duty drawback CBP to collect a cash deposit of 13.59
Than Fair Value Investigation and adjustment for Yücel.3 On remand, the percent, adjusted where appropriate for
Notice of Amended Final Department: (1) Recalculated Yücel’s CV export subsidies,6 for entries of subject
Determination of Sales at Less Than profit rate by replacing Yücel’s CV profit merchandise produced and/or exported
Fair Value and CV selling expenses with an by Yücel, effective May 20, 2016.
aggregate figure representing the
AGENCY: Enforcement and Compliance, calculated CV profit and selling Notification to Interested Parties
International Trade Administration, expenses of Borusan Manesmann Boru This notice is issued and published in
Department of Commerce. Sanayi ve Ticaret A.S. and Borusan accordance with sections 516A(e)(1),
SUMMARY: On May 10, 2016, the United Istikbal Ticaret A.S., the other 735(d) and 777(i)(1) of the Act.
States Court of International Trade (CIT) mandatory respondent in this Dated: May 31, 2016.
sustained the Final Remand investigation, pursuant to section Paul Piquado,
Redetermination 1 pertaining to the less- 773(e)(2)(B)(ii) of the Tariff Act of 1930,
Assistant Secretary for Enforcement and
than-fair-value (LTFV) investigation of as amended (the Act); and (2) denied a Compliance.
certain oil country tubular goods from duty drawback adjustment in its entirety
[FR Doc. 2016–13536 Filed 6–7–16; 8:45 am]
the Republic of Turkey (OCTG from for Yücel in its margin calculation.4 As
BILLING CODE 3510–DS–P
Turkey).2 Consistent with the decision a result, the estimated weighted-average
of the United States Court of Appeals for dumping margin for Yücel changed. On
the Federal Circuit (CAFC) in Timken May 10, 2016, the Court upheld the DEPARTMENT OF COMMERCE
Co. v. United States, 893 F.2d 337 (Fed. Final Remand Redetermination in full.5
Cir. 1990) (Timken), as clarified by Timken Notice International Trade Administration
Diamond Sawblades Mfrs. Coalition v. [A–570–032]
United States, 626 F.3d 1374 (Fed. Cir. In its decision in Timken, as clarified
2010) (Diamond Sawblades), the by Diamond Sawblades, the CAFC held Certain Iron Mechanical Transfer Drive
Department is notifying the public that that, pursuant to section 516A(e) of the Components From the People’s
the CIT’s final judgment in this case is Act, the Department must publish a Republic of China: Preliminary
not in harmony with the Final notice of a court decision that is not ‘‘in Determination of Sales at Less Than
Determination, and that the Department harmony’’ with a Department Fair Value and Postponement of Final
is amending the Final Determination determination and must suspend Determination
with respect to Çayirova Boru Sanayi ve liquidation of entries pending a
Ticaret A.Ş. and Yücel Boru Ithalat- ‘‘conclusive’’ court decision. The CIT’s AGENCY: Enforcement and Compliance,
Ihracat ve Pazarlama A.Ş. (collectively, May 10, 2016, final judgment affirming International Trade Administration,
Yücel). The period of investigation (POI) the Final Remand Redetermination Department of Commerce.
is July 1, 2012, through June 30, 2013. constitutes a final decision of that court
6 See Final Determination, 79 FR at 41972–73 (‘‘In
which is not in harmony with the Final
DATES: Effective May 20, 2016. the final determination of the companion
Determination. This notice is published countervailing duty investigation on OCTG from
FOR FURTHER INFORMATION CONTACT: in fulfillment of the publication Turkey, the Department determined that the all
Bryan Hansen or Minoo Hatten, AD/ requirements of Timken. other companies benefitted from export subsidies.
CVD Operations, Office I, Enforcement Pursuant to sections 735(c)(1) and 772(c)(1)(C) of
and Compliance, International Trade Amended Final Determination the Act and 19 CFR 351.210(d), the Department will
instruct CBP to require cash deposits equal to the
Administration, U.S. Department of Because there is now a final court weighted-average dumping margins indicated
Commerce, 1401 Constitution Avenue decision, the Department is amending below, adjusted where appropriate for export
NW., Washington, DC 20230; telephone the Final Determination with respect to subsidies’’); see also Final Results of Remand
(202) 482–3683 or (202) 482–1690, Redetermination pursuant to the CIT orders in
Yücel’s weighted-average dumping Borusan Mannesmann Boru Sanayi Ve Ticaret A.S.
respectively. margin for the period July 1, 2012, and Borusan Istikbal Ticaret v. United States, 61 F.
SUPPLEMENTARY INFORMATION: through June 30, 2013, effective May 20, Supp. 3d 1306 (April 22, 2015) and Maverick Tube
2016. The revised weighted-average Corporation v. United States, Consol. Court No. 14–
00229, Slip Op. 15–59 (June 15, 2015) (accessible
1 See Final Results of Redetermination Pursuant dumping margin for Çayirova Boru at http://enforcement.trade.gov/remands/15-
to Court Remand (Final Remand Redetermination) Sanayi ve Ticaret A.Ş. and Yücel Boru 59.pdf), and Oil Country Tubular Goods from
in Maverick Tube Corporation et al v. United States, Ithalat-Ihracat ve Pazarlama A.Ş. Turkey: Notice of Court Decision Not in Harmony
Consol. Court No. 14–00244, Slip Op. 15–107 (Ct. (collectively, Yücel) is 13.59 percent. With the Final Determination of the Countervailing
Int’l Trade September 24, 2015) (Remand Order), Duty Investigation; 81 FR 12691, (March 10, 2016)
aff’d Maverick Tube Corporation et al v. United Accordingly, the Department will (in which the Department calculated the ‘‘All
mstockstill on DSK3G9T082PROD with NOTICES
States, Consol. Court No. 14–00244, Slip Op. 16– continue the suspension of liquidation Others’’ subsidy rate of 2.39 percent, including the
46, (Ct. Int’l Trade May 10, 2016). The Final pending the expiration of the period of countervailable subsidy rate for export subsidies in
Remand Redetermination is accessible at http:// the amount of 0.22 percent). Yücel’s cash-deposit
enforcement.trade.gov/remands/15-107.pdf. rate will be calculated by subtracting the
2 See Certain Oil Country Tubular Goods From 3 See Remand Order, Slip Op. 15–107 at 25–26,
countervailable subsidy rate for export subsidies
the Republic of Turkey: Final Determination of 30–38. calculated in the countervailing duty final results
4 See Final Remand Redetermination at 7–9, 24–
Sales at Less Than Fair Value and Affirmative Final of redetermination, 0.22 percent, from the
Determination of Critical Circumstances, in Part, 79 28. weighted-average dumping margin rate of 13.59
FR 41971 (July 18, 2014) (Final Determination). 5 See Maverick, Slip Op. 16–46 at 11–22. percent, i.e., 13.37 percent.
VerDate Sep<11>2014 17:30 Jun 07, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1](https://thefederalregister.org/doc/81_FR_36986/page/1.svg)
Document Created: 2016-06-08 03:10:21
Document Modified: 2016-06-08 03:10:21
| 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 20, 2016. | |
| 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. | |
| FR Citation | 81 FR 36876 |
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