82 FR 28045 - Certain Oil Country Tubular Goods From India: Amendment of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 117 (June 20, 2017)

Page Range		28045-28046
FR Document		2017-12819

On March 16, 2017, the United States Court of International Trade (CIT) entered final judgment sustaining the final results of remand redetermination pursuant to court order by the Department of Commerce (Department) pertaining to the less-than-fair-value (LTFV) investigation of certain oil country tubular goods (OCTG) from India. This judgment was not appealed within the 60-day deadline, and became final and conclusive on May 15, 2017. The Department previously notified the public that the final judgment in this case is not in harmony with the Department's final determination in the LTFV investigation of OCTG from India. Because the judgement in this case is final and conclusive, the Department is now amending its antidumping duty order on OCTG from India covering the period of investigation (POI) of July 1, 2012, through June 30, 2013, to exclude GVN Fuels Limited (GVN) from the order and revise the dumping margin for Jindal SAW, Limited (Jindal SAW).

Federal Register, Volume 82 Issue 117 (Tuesday, June 20, 2017)

[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Notices]
[Pages 28045-28046]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12819]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-857]


Certain Oil Country Tubular Goods From India: Amendment of 
Antidumping Duty Order

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

SUMMARY: On March 16, 2017, the United States Court of International 
Trade (CIT) entered final judgment sustaining the final results of 
remand redetermination pursuant to court order by the Department of 
Commerce (Department) pertaining to the less-than-fair-value (LTFV) 
investigation of certain oil country tubular goods (OCTG) from India. 
This judgment was not appealed within the 60-day deadline, and became 
final and conclusive on May 15, 2017. The Department previously 
notified the public that the final judgment in this case is not in 
harmony with the Department's final determination in the LTFV 
investigation of OCTG from India. Because the judgement in this case is 
final and conclusive, the Department is now amending its antidumping 
duty order on OCTG from India covering the period of investigation 
(POI) of July 1, 2012, through June 30, 2013, to exclude GVN Fuels 
Limited (GVN) from the order and revise the dumping margin for Jindal 
SAW, Limited (Jindal SAW).

DATES: Effective March 26, 2017.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4261.

SUPPLEMENTARY INFORMATION:

Background

    On July 18, 2014, the Department published its final determination 
of sales at LTFV and final negative determination of critical 
circumstances in this proceeding.\1\ The Department reached affirmative 
determinations for mandatory respondents GVN and Jindal SAW. On 
September 2, 2014, the International Trade Commission notified the 
Department of its affirmative determination that an industry in the 
United States was materially injured by reason of LTFV imports of OCTG 
from India.\2\ On September 10, 2014, the Department published the 
antidumping duty orders on OCTG from India, the Republic of Korea, 
Taiwan, the Republic of Turkey, and the Socialist Republic of 
Vietnam,\3\

[[Page 28046]]

and a correction on October 3, 2014.\4\ U.S. Steel appealed the Final 
Determination to the CIT, and on May 5, 2016, the CIT sustained, in 
part, and remanded, in part, the Final Determination.\5\ The court 
remanded the Final Determination to the Department with respect to its 
differential pricing analysis, specifically the Department's 
application and explanation of its ratio test in this case, for further 
explanation and consideration.\6\ Further, the court remanded for 
further explanation and consideration the Department's determinations 
that: (1) Jindal SAW was unaffiliated with certain suppliers of inputs; 
(2) Jindal SAW's yield loss data reasonably reflected its costs of 
production; and (3) the highest COP in GVN's cost database should be 
assigned to its dual-grade products.\7\ On August 31, 2016, the 
Department issued its final results of redetermination pursuant to 
remand, in accordance with the CIT's order.\8\ On remand, the 
Department revised the weighted-average dumping margins for both GVN 
and Jindal SAW. On March 16, 2017, the CIT sustained the Department's 
Final Redetermination.\9\ Parties had 60 days to appeal the CIT's 
judgement. No party appealed the decision.
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    \1\ See Final Determination of Sales at Less Than Fair Value and 
Final Negative Determination of Critical Circumstances: Certain Oil 
Country Tubular Good from India, 79 FR 41981 (July 18, 2014) (Final 
Determination).
    \2\ See Letter from the ITC to the Department, dated September 
2, 2014; see also Certain Oil Country Tubular Goods from India, 
Korea, Philippines, Taiwan, Thailand, Turkey, Ukraine, and Vietnam 
(Investigation Nos. 701-TA-499-500 and 731-TA-1215-1217 and 1219-
1223 (Final), USITC Publication 4489, September 2014).
    \3\ See Certain Oil Country Tubular Goods from India, the 
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist 
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil 
Country Tubular Goods From the Socialist Republic of Vietnam: 
Amended Final Determination of Sales at Less Than Fair Value, 79 FR 
53691 (September 10, 2014) (Orders).
    \4\ See Certain Oil Country Tubular Goods from India, the 
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist 
Republic of Vietnam: Notice of Correction to the Antidumping Duty 
Orders With Respect to Turkey and the Socialist Republic of Vietnam, 
79 FR 59740 (October 3, 2014).
    \5\ See United States Steel Corp. v. United States, 179 F. Supp. 
3d 1114 (CIT 2016) (US Steel).
    \6\ See US Steel, 179 F. Supp. 3d at 1120.
    \7\ Id.
    \8\ See Final Results of Redetermination Pursuant to Remand, 
United States Steel Corporation et al. and Maverick Tube Corporation 
et al. v. United States, Consolidated Court No. 14-00263, dated 
August 31, 2017 (Final Redetermination).
    \9\ See United States Steel Corporation et al. v. United States, 
Slip Op. 17-28, Consolidated Court No. 14-00263 (CIT 2017).
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    In response to the CIT's March 16, 2017, decision, the Department 
published a notice of court decision that is not in harmony with a 
Department determination, and amended its Final Determination with 
respect to GVN and Jindal SAW.\10\ The revised weighted-average dumping 
margin for GVN is 1.07 percent. The revised weighted-average dumping 
margin for Jindal SAW is 11.24 percent. Neither GVN or Jindal SAW have 
a superseding cash deposit rate (e.g. from an administrative review) 
and, therefore, the Department issued amended cash deposit instructions 
to U.S. Customs and Border Protection on May 10, 2017.\11\
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    \10\ See Certain Oil Country Tubular Goods from India: Notice of 
Court Decision Not in Harmony With Final Determination of Sales at 
Less Than Fair Value and Final Negative Determination of Critical 
Circumstances and Notice of Amended Final Determination, 82 FR 17631 
(April 12, 2017).
    \11\ See Message No. 7130310, dated May 10, 2017 (Message No. 
7130310).
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Amendment of the Order on OCTG From India

    The period to appeal the CIT's decision has passed, and a final and 
conclusive court decision has been reached in this case. Therefore, the 
Department is amending the antidumping duty order \12\ on OCTG from 
India to exclude from the order subject merchandise produced and 
exported by GVN because the revised weighted-average dumping margin for 
GVN is de minimis. This exclusion does not apply to merchandise 
produced by GVN and exported by any other company or merchandise 
produced by any other company and exported by GVN. Resellers of 
merchandise produced by GVN, are also not entitled to this exclusion.
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    \12\ See Orders.
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Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                             Estimated weighted- average
           Exporter or producer               dumping margins (percent)
                                                        \13\
------------------------------------------------------------------------
Jindal SAW................................  11.24
All Others................................  5.79
------------------------------------------------------------------------


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    \13\ Cash deposit rates are lower than estimated weighted-
average dumping margins due to offsets for export subsidies.
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Continuation of Suspension of Liquidation, in Part

    In accordance with section 735(c)(1)(B) of the Act, the Department 
has instructed CBP to continue to suspend liquidation on all relevant 
entries of OCTG from India.\14\ These instructions suspending 
liquidation will remain in effect until further notice. However, 
because the estimated weighted-average dumping margin for merchandise 
produced and exported by GVN's is de minimis, the Department is 
directing U.S. Customs and Border Protection to liquidate all entries 
produced and exported by GVN currently suspended without regard to 
antidumping duties, and to not to suspend liquidation of entries of 
subject merchandise where GVN acted as both the producer and exporter. 
Entries of subject merchandise exported to the United States by any 
other producer and exporter combination involving GVN are not entitled 
to this exclusion from suspension of liquidation and are subject to the 
cash deposit rate for the all-others entity.
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    \14\ See Orders at 53692; see also Message No. 4262301, dated 
September 19, 2017, and Message No. 7130310.
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Notification to Interested Parties

    This notice constitutes the amended antidumping duty order with 
respect OCTG from India. This notice is issued and published in 
accordance with sections 516A(e)(1) and 736(a) of the Act.

     Dated: June 14, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-12819 Filed 6-19-17; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices 28045

merchandise.7 We will instruct CBP to Notification Regarding Administrative fair-value (LTFV) investigation of
assess antidumping duties on all Protective Order certain oil country tubular goods
appropriate entries covered by this This notice also serves as a reminder (OCTG) from India. This judgment was
review when the importer- (or to parties subject to administrative not appealed within the 60-day
customer-) specific assessment rate is protective order (APO) of their deadline, and became final and
above de minimis. Where an importer- responsibility concerning the return or conclusive on May 15, 2017. The
(or customer-) specific assessment rate destruction of proprietary information Department previously notified the
is zero or de minimis, we will instruct disclosed under APO in accordance public that the final judgment in this
CBP to liquidate the appropriate entries with 19 CFR 351.305, which continues case is not in harmony with the
without regard to antidumping duties. to govern business proprietary Department’s final determination in the
information in this segment of the LTFV investigation of OCTG from India.
Cash Deposit Requirements Because the judgement in this case is
proceeding. Timely written notification
The following cash deposit of the return or destruction of APO final and conclusive, the Department is
requirements will be effective upon materials, or conversion to judicial now amending its antidumping duty
publication of the final results of this protective order, is hereby requested. order on OCTG from India covering the
administrative review for all shipments Failure to comply with the regulations period of investigation (POI) of July 1,
of the subject merchandise entered, or and terms of an APO is a violation 2012, through June 30, 2013, to exclude
withdrawn from warehouse, for which is subject to sanction. GVN Fuels Limited (GVN) from the
consumption on or after the publication We are issuing and publishing this order and revise the dumping margin for
date of the final results, as provided for administrative review and notice in Jindal SAW, Limited (Jindal SAW).
by section 751(a)(2)(C) of the Act: (1) accordance with sections 751(a)(l) and DATES: Effective March 26, 2017.
For the exporter listed above, the cash 777(i) of the Act. FOR FURTHER INFORMATION CONTACT:
deposit rate will be the rate established Dated: June 12, 2017. Andrew Huston, AD/CVD Operations,
in the final results of review; (2) for Office VII, Enforcement and
Ronald K. Lorentzen,
previously investigated or reviewed PRC Compliance, International Trade
Acting Assistant Secretary for Enforcement
and non-PRC exporters not listed above Administration, U.S. Department of
and Compliance.
that have separate rates, the cash Commerce, 1401 Constitution Avenue
deposit rate will continue to be the Appendix NW., Washington, DC 20230; telephone:
exporter-specific rate published for the List of Topics Discussed in the Final (202) 482–4261.
most recent period; (3) for all PRC Decision Memorandum SUPPLEMENTARY INFORMATION:
exporters of subject merchandise that
Summary
have not been found to be entitled to a Case Issues
Background
separate rate, the cash deposit rate will Background On July 18, 2014, the Department
be that for the PRC-wide entity, which Scope of the Order published its final determination of
is 128.94 percent; 8 and (4) for all non- Discussion of the Issues sales at LTFV and final negative
PRC exporters of subject merchandise Comment I International Movement Expenses
determination of critical circumstances
which have not received their own rate, Comment II Brokerage and Handling and
Truck Freight Calculations in this proceeding.1 The Department
the cash deposit rate will be the rate reached affirmative determinations for
applicable to the PRC exporter that Comment III Marine Insurance Calculation
Comment IV Application of Rail Expense mandatory respondents GVN and Jindal
supplied that non-PRC exporter. The SAW. On September 2, 2014, the
Comment V Currency Conversion
cash deposit requirements, when Comment VI Drum FOP International Trade Commission
imposed, shall remain in effect until Comment VII Valuation of Manganese notified the Department of its
further notice. Dioxidee affirmative determination that an
Comment VIII Deduction of VAT industry in the United States was
Notification to Importers Regarding the Recommendation
Reimbursement of Duties materially injured by reason of LTFV
[FR Doc. 2017–12822 Filed 6–19–17; 8:45 am] imports of OCTG from India.2 On
This notice also serves as a final BILLING CODE 3510–DS–P September 10, 2014, the Department
reminder to importers of their published the antidumping duty orders
responsibility under 19 CFR 351.402(f) on OCTG from India, the Republic of
to file a certificate regarding the DEPARTMENT OF COMMERCE Korea, Taiwan, the Republic of Turkey,
reimbursement of antidumping duties and the Socialist Republic of Vietnam,3
prior to liquidation of the relevant International Trade Administration
entries during this POR. Failure to [A–533–857] 1 See Final Determination of Sales at Less Than

comply with this requirement could Fair Value and Final Negative Determination of
Certain Oil Country Tubular Goods Critical Circumstances: Certain Oil Country Tubular
result in the Department’s presumption Good from India, 79 FR 41981 (July 18, 2014) (Final
that reimbursement of antidumping From India: Amendment of Determination).
duties occurred and the subsequent Antidumping Duty Order 2 See Letter from the ITC to the Department, dated

assessment of doubled antidumping AGENCY: Enforcement and Compliance,
September 2, 2014; see also Certain Oil Country
duties. Tubular Goods from India, Korea, Philippines,
International Trade Administration, Taiwan, Thailand, Turkey, Ukraine, and Vietnam
Commerce. (Investigation Nos. 701–TA–499–500 and 731–TA–
sradovich on DSK3GMQ082PROD with NOTICES

7 See Antidumping Proceedings: Calculation of 1215–1217 and 1219–1223 (Final), USITC
the Weighted-Average Dumping Margin and SUMMARY: On March 16, 2017, the Publication 4489, September 2014).
Assessment Rate in Certain Antidumping United States Court of International 3 See Certain Oil Country Tubular Goods from
Proceedings: Final Modification, 77 FR 8101, 8103 Trade (CIT) entered final judgment India, the Republic of Korea, Taiwan, the Republic
(February 14, 2012). sustaining the final results of remand of Turkey, and the Socialist Republic of Vietnam:
8 See Potassium Permanganate from the People’s Antidumping Duty Orders; and Certain Oil Country
Republic of China; Final Results of Antidumping
redetermination pursuant to court order Tubular Goods From the Socialist Republic of
Duty Administrative Review, 59 FR 26625 (May 23, by the Department of Commerce Vietnam: Amended Final Determination of Sales at
1994). (Department) pertaining to the less-than- Continued

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28046 Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices

and a correction on October 3, 2014.4 and, therefore, the Department issued merchandise where GVN acted as both
U.S. Steel appealed the Final amended cash deposit instructions to the producer and exporter. Entries of
Determination to the CIT, and on May U.S. Customs and Border Protection on subject merchandise exported to the
5, 2016, the CIT sustained, in part, and May 10, 2017.11 United States by any other producer and
remanded, in part, the Final exporter combination involving GVN
Amendment of the Order on OCTG
Determination.5 The court remanded the are not entitled to this exclusion from
From India
Final Determination to the Department suspension of liquidation and are
with respect to its differential pricing The period to appeal the CIT’s subject to the cash deposit rate for the
analysis, specifically the Department’s decision has passed, and a final and all-others entity.
application and explanation of its ratio conclusive court decision has been
test in this case, for further explanation reached in this case. Therefore, the Notification to Interested Parties
and consideration.6 Further, the court Department is amending the This notice constitutes the amended
remanded for further explanation and antidumping duty order 12 on OCTG antidumping duty order with respect
consideration the Department’s from India to exclude from the order OCTG from India. This notice is issued
determinations that: (1) Jindal SAW was subject merchandise produced and and published in accordance with
unaffiliated with certain suppliers of exported by GVN because the revised sections 516A(e)(1) and 736(a) of the
inputs; (2) Jindal SAW’s yield loss data weighted-average dumping margin for Act.
reasonably reflected its costs of GVN is de minimis. This exclusion does
Dated: June 14, 2017.
production; and (3) the highest COP in not apply to merchandise produced by
GVN and exported by any other Ronald K. Lorentzen,
GVN’s cost database should be assigned
company or merchandise produced by Acting Assistant Secretary for Enforcement
to its dual-grade products.7 On August
any other company and exported by and Compliance.
31, 2016, the Department issued its final
GVN. Resellers of merchandise [FR Doc. 2017–12819 Filed 6–19–17; 8:45 am]
results of redetermination pursuant to
remand, in accordance with the CIT’s produced by GVN, are also not entitled BILLING CODE 3510–DS–P

order.8 On remand, the Department to this exclusion.
revised the weighted-average dumping Estimated Weighted-Average Dumping DEPARTMENT OF COMMERCE
margins for both GVN and Jindal SAW. Margins
On March 16, 2017, the CIT sustained International Trade Administration
the Department’s Final The estimated weighted-average
dumping margins are as follows:
Redetermination.9 Parties had 60 days Environmental Technologies Trade
to appeal the CIT’s judgement. No party Estimated Advisory Committee (ETTAC) Public
appealed the decision. weighted- Meeting
In response to the CIT’s March 16, average
Exporter or producer AGENCY: International Trade
2017, decision, the Department dumping mar-
published a notice of court decision that gins Administration, DOC.
(percent) 13
is not in harmony with a Department ACTION: Notice of Federal Advisory
determination, and amended its Final Jindal SAW ........................... 11.24 Committee Meeting.
Determination with respect to GVN and All Others ............................. 5.79
Jindal SAW.10 The revised weighted- SUMMARY: This notice sets forth the
average dumping margin for GVN is schedule and proposed agenda of a
1.07 percent. The revised weighted- meeting of the Environmental
Continuation of Suspension of Technologies Trade Advisory
average dumping margin for Jindal SAW Liquidation, in Part
is 11.24 percent. Neither GVN or Jindal Committee (ETTAC).
SAW have a superseding cash deposit In accordance with section DATES: The meeting is scheduled for
rate (e.g. from an administrative review) 735(c)(1)(B) of the Act, the Department Tuesday, July 18, 2017 from 8:30 a.m.–
has instructed CBP to continue to 3:30 p.m. Eastern Daylight Time (EDT).
Less Than Fair Value, 79 FR 53691 (September 10, suspend liquidation on all relevant The deadline for members of the public
2014) (Orders). entries of OCTG from India.14 These to register or to submit written
4 See Certain Oil Country Tubular Goods from
instructions suspending liquidation will comments for dissemination prior to the
India, the Republic of Korea, Taiwan, the Republic remain in effect until further notice.
of Turkey, and the Socialist Republic of Vietnam:
meeting is 5:00 p.m. EDT on Friday, July
Notice of Correction to the Antidumping Duty However, because the estimated 7, 2017. The deadline for members of
Orders With Respect to Turkey and the Socialist weighted-average dumping margin for the public request auxiliary aids is 5:00
Republic of Vietnam, 79 FR 59740 (October 3, merchandise produced and exported by p.m. EDT on Tuesday, July 11, 2017.
2014). GVN’s is de minimis, the Department is
5 See United States Steel Corp. v. United States, ADDRESSES: The meeting will be held in
179 F. Supp. 3d 1114 (CIT 2016) (US Steel).
directing U.S. Customs and Border room 6057–59 at the U.S. Department of
6 See US Steel, 179 F. Supp. 3d at 1120. Protection to liquidate all entries Commerce, Herbert Clark Hoover
7 Id. produced and exported by GVN Building, 1401 Constitution Avenue
8 See Final Results of Redetermination Pursuant currently suspended without regard to NW., Washington, DC 20230. The
to Remand, United States Steel Corporation et al. antidumping duties, and to not to address to register, submit comments, or
and Maverick Tube Corporation et al. v. United suspend liquidation of entries of subject
States, Consolidated Court No. 14–00263, dated request auxiliary aids is: Ms. Amy
August 31, 2017 (Final Redetermination). Kreps, Office of Energy & Environmental
sradovich on DSK3GMQ082PROD with NOTICES

11 See Message No. 7130310, dated May 10, 2017
9 See United States Steel Corporation et al. v.
Industries (OEEI), International Trade
United States, Slip Op. 17–28, Consolidated Court (Message No. 7130310).
12 See Orders. Administration, Room 28018, 1401
No. 14–00263 (CIT 2017).
10 See Certain Oil Country Tubular Goods from 13 Cash deposit rates are lower than estimated Constitution Avenue NW., Washington,
India: Notice of Court Decision Not in Harmony weighted-average dumping margins due to offsets DC 20230 or email: amy.kreps@
With Final Determination of Sales at Less Than Fair for export subsidies. trade.gov.
Value and Final Negative Determination of Critical 14 See Orders at 53692; see also Message No.

Circumstances and Notice of Amended Final 4262301, dated September 19, 2017, and Message FOR FURTHER INFORMATION CONTACT: Ms.
Determination, 82 FR 17631 (April 12, 2017). No. 7130310. Amy Kreps, Office of Energy &

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Document Created: 2017-06-20 02:20:46
Document Modified: 2017-06-20 02:20:46

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 March 26, 2017.
Contact		Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4261.
FR Citation		82 FR 28045

82 FR 28045 - Certain Oil Country Tubular Goods From India: Amendment of Antidumping Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 82, Issue 117 (June 20, 2017)

DEPARTMENT OF COMMERCE
International Trade Administration