82_FR_25876 82 FR 25770 - Oil Country Tubular Goods From the People's Republic of China: Notice of Court Decision Not in Harmony With the Amended Final Determination of the Countervailing Duty Investigation

82 FR 25770 - Oil Country Tubular Goods From the People's Republic of China: Notice of Court Decision Not in Harmony With the Amended Final Determination of the Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 106 (June 5, 2017)

Page Range25770-25771
FR Document2017-11562

On May 3, 2017, the United States Court of International Trade (CIT or the Court) entered final judgment sustaining the Department of Commerce's (Department) final remand redetermination concerning the countervailing duty (CVD) investigation of oil country tubular goods (OCTG) from the People's Republic of China (PRC). The Department is notifying the public of that the Court's final judgment in this case is not in harmony with the Department's amended final determination with respect to Jiangsu Changbao Steel Tube Co., Ltd. (Changbao), Tianjin Pipe (Group) Co. (TPCO), Wuxi Seamless Oil Pipe Co., Ltd. (Wuxi), and Zhejiang Jianli Enterprise Co., Ltd. (Jianli), and all other exporters and producers.

Federal Register, Volume 82 Issue 106 (Monday, June 5, 2017) 
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25770-25771]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11562]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-944]


Oil Country Tubular Goods From the People's Republic of China: 
Notice of Court Decision Not in Harmony With the Amended Final 
Determination of the Countervailing Duty Investigation

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

SUMMARY: On May 3, 2017, the United States Court of International Trade 
(CIT or the Court) entered final judgment sustaining the Department of 
Commerce's (Department) final remand redetermination concerning the 
countervailing duty (CVD) investigation of oil country tubular goods 
(OCTG) from the People's Republic of China (PRC). The Department is 
notifying the public of that the Court's final judgment in this case is 
not in harmony with the Department's amended final determination with 
respect to Jiangsu Changbao Steel Tube Co., Ltd. (Changbao), Tianjin 
Pipe (Group) Co. (TPCO), Wuxi Seamless Oil Pipe Co., Ltd. (Wuxi), and 
Zhejiang Jianli Enterprise Co., Ltd. (Jianli), and all other exporters 
and producers.

DATES: Effective May 13, 2017.

FOR FURTHER INFORMATION CONTACT: Aimee Phelan or Jennifer Shore, 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) 482-0697 or (202) 482-2778, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2009, the Department published its final 
determination in the CVD investigation of OCTG from the PRC.\1\ On 
January 20, 2010, the Department published an amended final 
determination and the CVD order.\2\
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    \1\ See Certain Oil Country Tubular Goods from the People's 
Republic of China: Final Affirmative Countervailing Duty 
Determination, Final Affirmative Critical Circumstances 
Determination, 74 FR 64045 (December 7, 2009) (Final Determination).
    \2\ See Certain Oil Country Tubular Goods from the People's 
Republic of China: Amended Final Affirmative Countervailing Duty 
Determination and Countervailing Duty Order, 75 FR 3203 (January 20, 
2010) (Amended Final Determination and Order).
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    The Court remanded aspects of the Department's findings for further 
consideration.\3\ In particular, in the Remand and Opinion Order, the 
CIT ordered the Department to clarify or reconsider: (1) Its use of the 
date of the PRC accession to the World Trade Organization (WTO) as a 
uniform cut-off date for identifying and measuring subsidies in the 
PRC; (2) its attribution methodology for subsidies received by certain 
of Changbao's and TPCO's subsidiaries; (3) its decision to include 
Jianli's freight quote in the benchmark price for steel rounds and 
billets; and (4) its decision not to tie the benefit received by TPCO 
from the provision of steel rounds and billets at less-than-adequate 
remuneration to its sales of seamless steel pipe.\4\ Finally, the Court 
granted the Department's request for a voluntary remand to recalculate 
the benchmark for steel rounds without Steel Business Briefing (SBB) 
East Asia pricing data.\5\
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    \3\ See TMK IPSCO et al. v. United States, Consol. Court No. 10-
00055, Slip Op. 16-62 (CIT June 24, 2016) (Remand Opinion and 
Order).
    \4\ See Remand Opinion and Order, at 57.
    \5\ Id., at 58.
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    On December 20, 2016, the Department issued its Remand 
Redetermination.\6\ In its Remand Redetermination, the Department: (1) 
Evaluated certain subsidies and determined a date prior to the WTO 
accession date on which subsidies provided to the respondents could be 
identified and measured for purposes of the remand; (2) changed the 
methodology for attributing to Changbao and TPCO subsidies provided to 
certain of their subsidiaries; (3) continued to find that the freight 
rates used by the Department in the investigation to adjust the 
benchmark for steel rounds are representative of what an importer paid 
or would pay if it imported the product; (4) clarified the finding that 
the provision of steel rounds was not tied to TPCO's seamless steel 
pipe production; and (5) removed SBB East Asia pricing data from the 
benchmark for steel rounds. The resulting calculations changed the CVD 
rates calculated for Changbao, Jianli, TPCO, and Wuxi, as well as their 
respective cross-owned companies, and the all-others rate.
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    \6\ See Final Results of Remand Redetermination, Court No. 10-
00055, dated December 20, 2016, available at: http://ia.ita.doc.gov/remands/ (Remand Redetermination).
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    On May 3, 2017, the CIT sustained the Department's Remand 
Redetermination.\7\ In particular, the Court held that the Remand 
Redetermination ``adequately address{ed{time}  the concerns raised in 
the court's prior decision'' and was ``supported by substantial 
evidence.'' \8\
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    \7\ See TMK IPSCO v. United States, Consol. Court No. 10-00055, 
Slip Op. 17-54 (CIT May 3, 2017).
    \8\ Id. at 3.
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Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ the United States Court of Appeals for the Federal 
Circuit (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 May 3, 2017, final judgment 
affirming the Remand Redetermination constitutes a final decision of 
that court which is not in harmony with the Amended Final Determination 
and Order. This notice is published in fulfillment of the publication 
requirements of Timken.
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    \9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination

    As there is now final court decision, the Department amends its 
Amended Final Determination and Order. The Department finds that the 
following revised net countervailable subsidy rates exist:

[[Page 25771]]



------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/exporter                     rate (percent)
------------------------------------------------------------------------
Jiangsu Changbao Steel Tube Co. and Jiangsu Changbao               28.70
 Precision Steel Tube Co., Ltd..........................
Tianjin Pipe (Group) Co., Tianjin Pipe Iron                        21.48
 Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product
 Co., Ltd., Tianjin Pipe International Economic and
 Trading Co., Ltd., and TPCO Charging Development Co.,
 Ltd....................................................
Wuxi Seamless Pipe Co, Ltd., Jiangsu Fanli Steel Pipe              29.48
 Co, Ltd., Tuoketuo County Mengfeng Special Steel Co.,
 Ltd....................................................
Zhejiang Jianli Enterprise Co., Ltd., Zhejiang Jianli              30.56
 Steel Steel Tube Co., Ltd., Zhuji Jiansheng Machinery
 Co., Ltd., and Zhejiang Jianli Industry Group Co., Ltd.
All-Others..............................................           27.08
------------------------------------------------------------------------

Cash Deposit Requirements

    Because there has been a subsequent administrative review for Wuxi, 
the cash deposit rate for Wuxi will remain the rate established in the 
final results of the 2012 administrative review, which is 59.29 
percent.\11\ Because there have been no subsequent administrative 
reviews for Changbao, TPCO, and Jianli, the Department will instruct 
U.S. Customs and Border Protection (CBP) to set the cash deposit rates 
for these companies to the rates listed above, again, pending a final 
and conclusive court decision.\12\
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    \11\ See Certain Oil Country Tubular Goods from the People's 
Republic of China: Final Results of Countervailing Duty 
Administrative Review; 2012, 79 FR 52301 (September 3, 2014).
    \12\ As explained in the Remand Redetermination, the Department 
established new cash deposit rates for TPCO and all-others in 
proceedings conducted under section 129 of the Uruguay Round 
Agreements Act. See Implementation of Determinations Pursuant to 
Section 129 of the Uruguay Round Agreements Act, 81 FR 37180, 37182 
(June 9, 2016). The Department used these revised rates as the basis 
for calculating revised cash deposit rates in the Remand 
Redetermination. See Remand Redetermination at 56.
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    Pursuant to section 705(c)(5)(A) of the Act, companies not 
individually investigated are assigned an ``all-others'' 
countervailable duty rate. As a general rule, the all-others rate is 
equal to the weighted average countervailable subsidy rates established 
for individually investigated producers and producers, excluding any 
zero and de minimis countervailable subsidy rates.\13\ The Department 
will instruct CBP that the ``all-others'' cash deposit rate is to be 
amended to reflect the weighted-average of the revised subsidy rates 
calculated for Changbao, TPCO, Wuxi, and Jianli, as listed above.
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    \13\ See section 705(c)(5)(A)(i) of the Act.
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    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: May 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-11562 Filed 6-2-17; 8:45 am]
 BILLING CODE 3510-DS-P

25770 Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices the separate rate in this review if both (Changbao), Tianjin Pipe (Group) Co. identified and measured for purposes of mandatory respondents earn de minimis (TPCO), Wuxi Seamless Oil Pipe Co., the remand; (2) changed the rates Ltd. (Wuxi), and Zhejiang Jianli methodology for attributing to Changbao iv. Comment 4: Consideration of Power Dekor’s no shipment certification Enterprise Co., Ltd. (Jianli), and all other and TPCO subsidies provided to certain v. Comment 5: Inclusion of Fine exporters and producers. of their subsidiaries; (3) continued to Furniture’s affiliate’s name in customs DATES: Effective May 13, 2017. find that the freight rates used by the instructions and Federal Register Notice FOR FURTHER INFORMATION CONTACT: Department in the investigation to vi. Comment 6: Treatment of Fusong Aimee Phelan or Jennifer Shore, AD/ adjust the benchmark for steel rounds Jinlong group as a single entity are representative of what an importer vii. Comment 7: Overstatement of water SV CVD Operations, Office I, Enforcement and Compliance, International Trade paid or would pay if it imported the viii. Comment 8: Overstatement of NV or product; (4) clarified the finding that the understatement of export price Administration, U.S. Department of ix. Comment 9: The Department must Commerce, 1401 Constitution Avenue provision of steel rounds was not tied to correct the Jatoba and Red Oak surrogate NW., Washington, DC 20230; telephone TPCO’s seamless steel pipe production; values (202) 482–0697 or (202) 482–2778, and (5) removed SBB East Asia pricing x. Comment 10: The Department should respectively. data from the benchmark for steel correct its valuation of Senmao’s wood rounds. The resulting calculations veneers SUPPLEMENTARY INFORMATION: changed the CVD rates calculated for xi. Comment 11: Glue surrogate value Changbao, Jianli, TPCO, and Wuxi, as xii. Comment 12: Senmao’s by product Background well as their respective cross-owned offset for wood scrap On December 7, 2009, the Department xiii. Comment 13: The Department should companies, and the all-others rate. published its final determination in the correct the surrogate value references for CVD investigation of OCTG from the On May 3, 2017, the CIT sustained the plastic strip and overlaying glue in Department’s Remand Senmao’s margin calculations PRC.1 On January 20, 2010, the Department published an amended final Redetermination.7 In particular, the xiv. Comment 14: Senmao’s plywood Court held that the Remand surrogate value determination and the CVD order.2 The Court remanded aspects of the Redetermination ‘‘adequately [FR Doc. 2017–11561 Filed 6–2–17; 8:45 am] address{ed} the concerns raised in the Department’s findings for further BILLING CODE 3510–DS–P consideration.3 In particular, in the court’s prior decision’’ and was Remand and Opinion Order, the CIT ‘‘supported by substantial evidence.’’ 8 DEPARTMENT OF COMMERCE ordered the Department to clarify or Timken Notice reconsider: (1) Its use of the date of the International Trade Administration PRC accession to the World Trade In its decision in Timken,9 as clarified Organization (WTO) as a uniform cut-off by Diamond Sawblades,10 the United [C–570–944] States Court of Appeals for the Federal date for identifying and measuring subsidies in the PRC; (2) its attribution Circuit (CAFC) held that, pursuant to Oil Country Tubular Goods From the methodology for subsidies received by section 516A(e) of the Tariff Act of People’s Republic of China: Notice of certain of Changbao’s and TPCO’s 1930, as amended (the Act), the Court Decision Not in Harmony With subsidiaries; (3) its decision to include Department must publish a notice of a the Amended Final Determination of Jianli’s freight quote in the benchmark court decision that is not ‘‘in harmony’’ the Countervailing Duty Investigation price for steel rounds and billets; and (4) with a Department determination and AGENCY: Enforcement and Compliance, its decision not to tie the benefit must suspend liquidation of entries International Trade Administration, received by TPCO from the provision of pending a ‘‘conclusive’’ court decision. Commerce. steel rounds and billets at less-than- The CIT’s May 3, 2017, final judgment SUMMARY: On May 3, 2017, the United adequate remuneration to its sales of affirming the Remand Redetermination States Court of International Trade (CIT seamless steel pipe.4 Finally, the Court constitutes a final decision of that court or the Court) entered final judgment granted the Department’s request for a which is not in harmony with the sustaining the Department of voluntary remand to recalculate the Amended Final Determination and Commerce’s (Department) final remand benchmark for steel rounds without Order. This notice is published in redetermination concerning the Steel Business Briefing (SBB) East Asia fulfillment of the publication countervailing duty (CVD) investigation pricing data.5 requirements of Timken. of oil country tubular goods (OCTG) On December 20, 2016, the Amended Final Determination from the People’s Republic of China Department issued its Remand (PRC). The Department is notifying the Redetermination.6 In its Remand As there is now final court decision, public of that the Court’s final judgment Redetermination, the Department: (1) the Department amends its Amended in this case is not in harmony with the Evaluated certain subsidies and Final Determination and Order. The Department’s amended final determined a date prior to the WTO Department finds that the following determination with respect to Jiangsu accession date on which subsidies revised net countervailable subsidy Changbao Steel Tube Co., Ltd. provided to the respondents could be rates exist: asabaliauskas on DSKBBXCHB2PROD with NOTICES 1 See Certain Oil Country Tubular Goods from the Countervailing Duty Order, 75 FR 3203 (January 20, available at: http://ia.ita.doc.gov/remands/ People’s Republic of China: Final Affirmative 2010) (Amended Final Determination and Order). (Remand Redetermination). 7 See TMK IPSCO v. United States, Consol. Court Countervailing Duty Determination, Final 3 See TMK IPSCO et al. v. United States, Consol. Affirmative Critical Circumstances Determination, Court No. 10–00055, Slip Op. 16–62 (CIT June 24, No. 10–00055, Slip Op. 17–54 (CIT May 3, 2017). 8 Id. at 3. 74 FR 64045 (December 7, 2009) (Final 2016) (Remand Opinion and Order). 9 See Timken Co. v. United States, 893 F.2d 337 Determination). 4 See Remand Opinion and Order, at 57. 2 See Certain Oil Country Tubular Goods from the 5 Id., at 58. (Fed. Cir. 1990) (Timken). 10 See Diamond Sawblades Mfrs. Coalition v. People’s Republic of China: Amended Final 6 See Final Results of Remand Redetermination, Affirmative Countervailing Duty Determination and United States, 626 F.3d 1374 (Fed. Cir. 2010) Court No. 10–00055, dated December 20, 2016, (Diamond Sawblades). VerDate Sep<11>2014 17:31 Jun 02, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1

Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices 25771 Net subsidy Producer/exporter rate (percent) Jiangsu Changbao Steel Tube Co. and Jiangsu Changbao Precision Steel Tube Co., Ltd .............................................................. 28.70 Tianjin Pipe (Group) Co., Tianjin Pipe Iron Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product Co., Ltd., Tianjin Pipe International Economic and Trading Co., Ltd., and TPCO Charging Development Co., Ltd ......................................................... 21.48 Wuxi Seamless Pipe Co, Ltd., Jiangsu Fanli Steel Pipe Co, Ltd., Tuoketuo County Mengfeng Special Steel Co., Ltd ................... 29.48 Zhejiang Jianli Enterprise Co., Ltd., Zhejiang Jianli Steel Steel Tube Co., Ltd., Zhuji Jiansheng Machinery Co., Ltd., and Zhejiang Jianli Industry Group Co., Ltd ........................................................................................................................................... 30.56 All-Others ............................................................................................................................................................................................. 27.08 Cash Deposit Requirements DEPARTMENT OF COMMERCE days after the date on which the Department initiated the investigation. Because there has been a subsequent International Trade Administration On May 25, 2017, Nucor Corporation administrative review for Wuxi, the (Nucor), a petitioner in the underlying cash deposit rate for Wuxi will remain [C–475–837; C–489–832] investigation, submitted timely requests the rate established in the final results Carbon and Alloy Steel Wire Rod From pursuant to section 703(c)(1)(A) of the of the 2012 administrative review, Italy and the Republic of Turkey: Act and 19 CFR 351.205(e) to postpone which is 59.29 percent.11 Because there Postponement of Preliminary the preliminary determinations.2 For the have been no subsequent administrative Determinations of Countervailing Duty reasons stated above and because there reviews for Changbao, TPCO, and Jianli, Investigations are no compelling reasons to deny the the Department will instruct U.S. requests, the Department, in accordance Customs and Border Protection (CBP) to AGENCY: Enforcement and Compliance, with section 703(c)(1)(A) of the Act, is set the cash deposit rates for these International Trade Administration, postponing the deadline for the companies to the rates listed above, Commerce. preliminary determinations to no later again, pending a final and conclusive DATES: Effective June 5, 2017. than 130 days after the day on which court decision.12 the investigations were initiated. FOR FURTHER INFORMATION CONTACT: John Pursuant to section 705(c)(5)(A) of the Accordingly, the Department will issue Corrigan and Yasmin Bordas at (202) Act, companies not individually the preliminary determinations no later 482–7438 and (202) 482–3813, investigated are assigned an ‘‘all-others’’ than August 25, 2017. In accordance respectively (Italy); Justin Neuman and countervailable duty rate. As a general with section 705(a)(1) of the Act and 19 Omar Qureshi at (202) 482–0486 and rule, the all-others rate is equal to the CFR 351.210(b)(1), the deadline for the (202) 482–5307, respectively (Turkey), weighted average countervailable final determinations of these AD/CVD Operations, Enforcement and subsidy rates established for investigations will continue to be 75 Compliance, International Trade individually investigated producers and days after the date of the preliminary Administration, U.S. Department of producers, excluding any zero and de determinations, unless postponed at a Commerce, 1401 Constitution Avenue minimis countervailable subsidy rates.13 later date. NW., Washington, DC 20230. The Department will instruct CBP that This notice is issued and published SUPPLEMENTARY INFORMATION: pursuant to section 703(c)(2) of the Act the ‘‘all-others’’ cash deposit rate is to be amended to reflect the weighted- Background and 19 CFR 351.205(f)(1). average of the revised subsidy rates On April 17, 2017, the Department of Dated: May 30, 2017. calculated for Changbao, TPCO, Wuxi, Commerce (Department) initiated Ronald K. Lorentzen, and Jianli, as listed above. countervailing duty investigations Acting Assistant Secretary for Enforcement This notice is issued and published in (CVD) on carbon and alloy steel wire and Compliance. accordance with sections 516A(e)(1), rod from Italy and the Republic of [FR Doc. 2017–11563 Filed 6–2–17; 8:45 am] 705(c)(1)(B), and 777(i)(1) of the Act. Turkey (Turkey).1 Currently, the BILLING CODE 3510–DS–P preliminary determinations of these Dated: May 30, 2017. investigations are due no later than June Ronald K. Lorentzen, 21, 2017. DEPARTMENT OF COMMERCE Acting Assistant Secretary for Enforcement and Compliance. Postponement of Preliminary International Trade Administration [FR Doc. 2017–11562 Filed 6–2–17; 8:45 am] Determination [A–570–832] BILLING CODE 3510–DS–P Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires the Pure Magnesium From the People’s 11 See Certain Oil Country Tubular Goods from Department to issue the preliminary Republic of China: Final Results of the People’s Republic of China: Final Results of determination in a CVD investigation Antidumping Duty Administrative Countervailing Duty Administrative Review; 2012, within 65 days after the date on which Review; 2015–2016 79 FR 52301 (September 3, 2014). the Department initiated the 12 As explained in the Remand Redetermination, investigation. However, if the petitioner AGENCY: Enforcement and Compliance, asabaliauskas on DSKBBXCHB2PROD with NOTICES the Department established new cash deposit rates for TPCO and all-others in proceedings conducted makes a timely request for a International Trade Administration, under section 129 of the Uruguay Round postponement, section 703(c)(1)(A) of Commerce. Agreements Act. See Implementation of the Act allows the Department to Determinations Pursuant to Section 129 of the 2 See Nucor letter re: Carbon and Certain Alloy Uruguay Round Agreements Act, 81 FR 37180, postpone making the preliminary Steel Wire Rod from Italy: Request to Postpone 37182 (June 9, 2016). The Department used these determination until no later than 130 Preliminary Determination, dated May 25, 2017 (C– revised rates as the basis for calculating revised 475–837); see also Nucor letter re: Carbon and cash deposit rates in the Remand Redetermination. 1 See Carbon and Alloy Steel Wire Rod from Italy Certain Alloy Steel Wire Rod from the Republic of See Remand Redetermination at 56. and Turkey: Initiation of Countervailing Duty Turkey: Request to Postpone Preliminary 13 See section 705(c)(5)(A)(i) of the Act. Investigations, 82 FR 19213 (April 26, 2017). Determination, dated May 25, 2017 (C–489–832). VerDate Sep<11>2014 17:31 Jun 02, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1


Document Created: 2018-11-14 10:00:30
Document Modified: 2018-11-14 10:00:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective May 13, 2017.
ContactAimee Phelan or Jennifer Shore, 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) 482-0697 or (202) 482-2778, respectively.
FR Citation82 FR 25770 
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