82 FR 35182 - Certain Oil Country Tubular Goods From India: Notice of Correction to Amended Final Determination and Amendment of Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 144 (July 28, 2017)
International Trade Administration
Federal Register Volume 82, Issue 144 (July 28, 2017)
| Page Range | 35182-35183 | |
| FR Document | 2017-15943 |
[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)] [Notices] [Pages 35182-35183] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15943] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-857] Certain Oil Country Tubular Goods From India: Notice of Correction to Amended Final Determination and Amendment of Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. 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 In the Final Determination, the Department determined that GVN Fuels Limited, Maharashtra Seamless Limited, and Jindal Pipes Limited are affiliated, pursuant to section 771(33)(F) of the Tariff Act of 1930, as amended (the Act), and should be collapsed and treated as a single entity, pursuant to 19 CFR 351.401(f).\1\ --------------------------------------------------------------------------- \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, 41982 (July 18, 2014) (Final Determination), and accompanying issues and decision memorandum (IDM) at Comment 9. --------------------------------------------------------------------------- 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 investigation of certain oil country tubular goods (OCTG) from India.\2\ On April 12, 2017, the Department published the Amended Final Determination on OCTG from India.\3\ On June 20, 2017, the Department published the Amended Order.\4\ In both the Amended Final Determination and Amended Order, the Department inadvertently omitted a statement to explain that, consistent with the Final Determination,\5\ GVN Fuels Limited, Maharashtra Seamless Limited, and Jindal Pipes Limited should be treated as a single entity. --------------------------------------------------------------------------- \2\ See United States Steel Corporation et al. v. United States, Slip Op. 17-28, Consolidated Court No. 14-00263 (CIT 2017). \3\ 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) (Amended Final Determination). \4\ See Certain Oil Country Tubular Goods from India: Amendment of Antidumping Duty Order, 82 FR 28045 (June 20, 2017) (Amended Order). \5\ See Final Determination, 79 FR at, 41982, and accompanying issues and decision memorandum (IDM) at Comment 9. --------------------------------------------------------------------------- Correction We are correcting the Amended Final Determination and Amended Order to clarify that GVN Fuels Limited, Maharashtra Seamless Limited, and Jindal Pipes Limited should be treated as a single entity (collectively, GVN or the GVN single entity). The sections of the Amended Final Determination and Amended Order explaining the suspension of liquidation and listing the weighted-average antidumping duty margins and cash deposit rates should have appeared as provided below. Correction to the Amended Final Determination Amended Final Determination Because there is now a final court decision, the Department is amending the Final Determination with respect to the GVN single entity (comprised of [[Page 35183]] GVN Fuels Limited, Maharashtra Seamless Limited and Jindal Pipes Limited) \6\ and Jindal SAW, Limited. The revised weighted-average dumping margins for the period July 1, 2012, through June 30, 2013, are as follows: --------------------------------------------------------------------------- \6\ Final Determination Notice, 79 FR at 41982, and accompanying IDM at Comment 9. ------------------------------------------------------------------------ Estimated weighted- average Cash deposit Exporter or producer dumping rate percent margins (percent) \7\ (percent) ------------------------------------------------------------------------ GVN Fuels Limited, Maharashtra Seamless * 1.07 0.00 Limited and Jindal Pipes Limited (collectively, GVN or GVN single entity)................................ Jindal SAW, Limited..................... 11.24 0.00 All Others.............................. 5.79 0.00 ------------------------------------------------------------------------ * (de minimis). Correction to the Amended Order --------------------------------------------------------------------------- \7\ Cash deposit rates are lower than estimated weighted-average dumping margins due to offsets for export subsidies. --------------------------------------------------------------------------- Amendment of the Order on OCTG From India The period to appeal the Court of International Trade'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 \8\ on OCTG from India to exclude from the order subject merchandise produced and exported by the GVN single entity (comprised of GVN Fuels Limited, Maharashtra Seamless Limited and Jindal Pipes Limited) \9\ because the revised weighted-average dumping margin for the GVN single entity is de minimis. This exclusion does not apply to merchandise produced by the GVN single entity and exported by any other company (outside the GVN single entity) or merchandise produced by any other company and exported by the GVN single entity. Resellers of merchandise produced by the GVN single entity, are also not entitled to this exclusion. --------------------------------------------------------------------------- \8\ 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). \9\ Final Determination Notice, 79 FR at 41982, and accompanying IDM at Comment 9. --------------------------------------------------------------------------- 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.\10\ 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 the GVN single entity is de minimis, the Department is directing U.S. Customs and Border Protection to liquidate all entries produced and exported by the GVN single entity currently suspended without regard to antidumping duties, and to not to suspend liquidation of entries of subject merchandise where the GVN single entity acted as both the producer and exporter. Entries of subject merchandise exported to the United States by any other producer and exporter combination involving the GVN single entity are not entitled to this exclusion from suspension of liquidation and are subject to the cash deposit rate for the all-others entity. --------------------------------------------------------------------------- \10\ See Orders at 53692; see also Message No. 4262301, dated September 19, 2017, and Message No. 7130310, dated May 10, 2017. --------------------------------------------------------------------------- This correction to the Amended Final Determination and Amended Order is issued and published in accordance with sections 516A(e)(1), 735(d), 736(a), and 777(i) of the Act of the Act. Dated: July 24, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-15943 Filed 7-27-17; 8:45 am] BILLING CODE 3510-DS-P
![35182 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Notices
Revocation of the Order liquidation and to liquidate those and should be collapsed and treated as
Pursuant to section 735(c)(2) of the entries of subject merchandise without a single entity, pursuant to 19 CFR
Act, ‘‘the investigation shall be regard to antidumping duties. 351.401(f).1
terminated upon publication of that Notwithstanding the continued On March 16, 2017, the United States
negative determination’’ and the suspension described above, the Court of International Trade (CIT)
Department shall ‘‘terminate the antidumping duty order on OCTG from entered final judgment sustaining the
suspension of liquidation’’ and ‘‘release Taiwan is hereby revoked, also final results of remand redetermination
any bond or other security and refund described above. pursuant to court order by the
any cash deposit.’’ 10 As a result of this Department of Commerce (Department)
Notification to Interested Parties
amended final determination, the pertaining to the less-than-fair-value
Department is hereby revoking the This notice serves as a reminder to investigation of certain oil country
antidumping duty order and releasing parties subject to administrative tubular goods (OCTG) from India.2 On
any bonds or other security and protective order (APO) of their April 12, 2017, the Department
refunding cash deposits with respect to responsibility concerning the published the Amended Final
Tension Steel. disposition of proprietary information Determination on OCTG from India.3 On
Pursuant to the Federal Circuit’s disclosed under APO in accordance June 20, 2017, the Department
decision in Diamond Sawblades 11 and with 19 CFR 351.305(a)(3). Timely published the Amended Order.4 In both
the CIT’s decision affirming the written notification of the destruction of the Amended Final Determination and
Department’s remand redetermination, APO materials or conversion to judicial Amended Order, the Department
the Department is revoking the protective order is hereby requested. inadvertently omitted a statement to
antidumping duty order on OCTG from Failure to comply with the regulations explain that, consistent with the Final
Taiwan because the revised weighted- and the terms of the APO is a violation Determination,5 GVN Fuels Limited,
average dumping margin for Tension subject to sanction. Maharashtra Seamless Limited, and
Steel is now zero, and because the This notice is issued and published in Jindal Pipes Limited should be treated
Department also calculated a zero accordance with sections 516A(e)(1), as a single entity.
margin for the only other mandatory 751(a)(1) and 777(i)(1) of the Act.
Correction
respondent in the underlying Dated: July 24, 2017.
investigation. As a result of this Gary Taverman, We are correcting the Amended Final
revocation, the Department will not Determination and Amended Order to
Deputy Assistant Secretary for Antidumping
initiate any new administrative reviews and Countervailing Duty Operations, clarify that GVN Fuels Limited,
of this antidumping duty Order.12 performing the non-exclusive functions and Maharashtra Seamless Limited, and
Although section 735(c)(2)(A) of the duties of the Assistant Secretary for Jindal Pipes Limited should be treated
Act instructs the Department to Enforcement and Compliance. as a single entity (collectively, GVN or
terminate suspension of liquidation, [FR Doc. 2017–15944 Filed 7–27–17; 8:45 am] the GVN single entity). The sections of
here, because suspension of liquidation BILLING CODE 3510–DS–P
the Amended Final Determination and
must continue during the pendency of Amended Order explaining the
the appeals process (in accordance with suspension of liquidation and listing the
Timken and as discussed above), we DEPARTMENT OF COMMERCE weighted-average antidumping duty
will continue to instruct CBP at this margins and cash deposit rates should
time to (A) continue suspension at a International Trade Administration have appeared as provided below.
cash deposit rate of zero percent until [A–533–857] Correction to the Amended Final
instructed otherwise; and (B) release
Determination
any bond or other security, and refund Certain Oil Country Tubular Goods
any cash deposit made pursuant to From India: Notice of Correction to Amended Final Determination
OCTG From Taiwan: Antidumping Duty Amended Final Determination and Because there is now a final court
Order.13 In the event that the court’s Amendment of Antidumping Duty decision, the Department is amending
ruling in the Final Remand Order is not Order the Final Determination with respect to
appealed, or appealed and upheld by the GVN single entity (comprised of
the CAFC, the Department will instruct AGENCY: Enforcement and Compliance,
CBP to terminate the suspension of International Trade Administration, 1 See Final Determination of Sales at Less Than
Department of Commerce. Fair Value and Final Negative Determination of
10 See sections 735(c)(2)(A) and (B) of the Act. FOR FURTHER INFORMATION CONTACT: Critical Circumstances: Certain Oil Country Tubular
11 See Diamond Sawblades Mfrs. Coalition v. Good from India, 79 FR 41981, 41982 (July 18,
Andrew Huston, AD/CVD Operations, 2014) (Final Determination), and accompanying
United States, 626 F.3d. 1374 (Fed. Cir. 2010)
(Diamond Sawblades). Office VII, Enforcement and issues and decision memorandum (IDM) at
12 Currently there are no unfinished or ongoing Compliance, International Trade Comment 9.
2 See United States Steel Corporation et al. v.
administrative reviews of this order. Further, we Administration, U.S. Department of
rescinded the 2015/2016 administrative review on United States, Slip Op. 17–28, Consolidated Court
Commerce, 1401 Constitution Avenue No. 14–00263 (CIT 2017).
March 1, 2017, and this was the last administrative
review completed in this proceeding. See Certain
NW., Washington, DC 20230; telephone: 3 See Certain Oil Country Tubular Goods from
Oil Country Tubular Goods from Taiwan: (202) 482–4261. India: Notice of Court Decision Not in Harmony
With Final Determination of Sales at Less Than Fair
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Rescission of Antidumping Duty Administrative SUPPLEMENTARY INFORMATION:
Review; 2015–2016, 82 FR 12197 (March 1, 2017). Value and Final Negative Determination of Critical
13 See Certain Oil Country Tubular Goods from Background Circumstances and Notice of Amended Final
India, the Republic of Korea, Taiwan, the Republic Determination, 82 FR 17631 (April 12, 2017)
of Turkey, and the Socialist Republic of Vietnam: In the Final Determination, the (Amended Final Determination).
Antidumping Duty Orders; and Certain Oil Country Department determined that GVN Fuels 4 See Certain Oil Country Tubular Goods from
Tubular Goods from the Socialist Republic of Limited, Maharashtra Seamless Limited, India: Amendment of Antidumping Duty Order, 82
Vietnam: Amended Final Determination of Sales at FR 28045 (June 20, 2017) (Amended Order).
Less Than Fair Value, 79 FR 53691 (September 10,
and Jindal Pipes Limited are affiliated, 5 See Final Determination, 79 FR at, 41982, and
2014) (OCTG From Taiwan: Antidumping Duty pursuant to section 771(33)(F) of the accompanying issues and decision memorandum
Order). Tariff Act of 1930, as amended (the Act), (IDM) at Comment 9.
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![Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Notices 35183
GVN Fuels Limited, Maharashtra Limited) 6 and Jindal SAW, Limited. margins for the period July 1, 2012,
Seamless Limited and Jindal Pipes The revised weighted-average dumping through June 30, 2013, are as follows:
Estimated
weighted- Cash deposit
average
Exporter or producer rate percent
dumping (percent) 7
margins
(percent)
GVN Fuels Limited, Maharashtra Seamless Limited and Jindal Pipes Limited (collectively, GVN or GVN single
entity) .................................................................................................................................................................... * 1.07 0.00
Jindal SAW, Limited ................................................................................................................................................ 11.24 0.00
All Others ................................................................................................................................................................. 5.79 0.00
* (de minimis).
Correction to the Amended Order entries produced and exported by the SUMMARY: The Department of Commerce
GVN single entity currently suspended (the Department) is conducting an
Amendment of the Order on OCTG
without regard to antidumping duties, administrative review of the
From India
and to not to suspend liquidation of antidumping duty order on chlorinated
The period to appeal the Court of entries of subject merchandise where isocyanurates (chlorinated isos) from
International Trade’s decision has the GVN single entity acted as both the the People’s Republic of China (PRC).
passed, and a final and conclusive court producer and exporter. Entries of The period of review (POR) is June 1,
decision has been reached in this case. subject merchandise exported to the 2015, through May 31, 2016. This
Therefore, the Department is amending United States by any other producer and administrative review covers three
the antidumping duty order 8 on OCTG exporter combination involving the producers/exporters: (1) Heze Huayi
from India to exclude from the order GVN single entity are not entitled to this Chemical Co. Ltd. (Heze Huayi); (2)
subject merchandise produced and exclusion from suspension of Hebei Jiheng Chemical Co. Ltd. (Jiheng);
exported by the GVN single entity liquidation and are subject to the cash and (3) Juancheng Kangtai Chemical Co.
(comprised of GVN Fuels Limited, deposit rate for the all-others entity. Ltd. (Kangtai). We preliminarily
Maharashtra Seamless Limited and This correction to the Amended Final determine that Heze Huayi and Kangtai
Jindal Pipes Limited) 9 because the Determination and Amended Order is have demonstrated their eligibility for a
revised weighted-average dumping issued and published in accordance separate rate, and have made sales in
margin for the GVN single entity is de with sections 516A(e)(1), 735(d), 736(a), the United States at prices below normal
minimis. This exclusion does not apply and 777(i) of the Act of the Act. value (NV). We also preliminarily
to merchandise produced by the GVN Dated: July 24, 2017. determine that Jiheng has not
single entity and exported by any other demonstrated its eligibility for a
Gary Taverman,
company (outside the GVN single separate rate. Interested parties are
Deputy Assistant Secretary for Antidumping
entity) or merchandise produced by any invited to comment on these
and Countervailing Duty Operations,
other company and exported by the performing the non-exclusive functions and preliminary results.
GVN single entity. Resellers of duties of the Assistant Secretary for DATES: July 28, 2017.
merchandise produced by the GVN Enforcement and Compliance.
single entity, are also not entitled to this FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–15943 Filed 7–27–17; 8:45 am]
exclusion. Sean Carey, AD/CVD Operations, Office
BILLING CODE 3510–DS–P
VII, Enforcement and Compliance,
Continuation of Suspension of International Trade Administration,
Liquidation, In Part U.S. Department of Commerce, 1401
DEPARTMENT OF COMMERCE
In accordance with section Constitution Avenue NW., Washington,
735(c)(1)(B) of the Act, the Department International Trade Administration DC 20230; telephone: (202) 482–3964.
has instructed CBP to continue to SUPPLEMENTARY INFORMATION:
suspend liquidation on all relevant [A–570–898]
entries of OCTG from India.10 These Scope of the Order
Chlorinated Isocyanurates From the
instructions suspending liquidation will The products covered by the order are
People’s Republic of China:
remain in effect until further notice. chlorinated isos, which are derivatives
Preliminary Results of Antidumping
However, because the estimated of cyanuric acid, described as
Duty Administrative Review; 2015–
weighted-average dumping margin for chlorinated s-triazine triones.1
2016
merchandise produced and exported by Chlorinated isos are currently
the GVN single entity is de minimis, the AGENCY: Enforcement and Compliance, classifiable under subheadings
Department is directing U.S. Customs International Trade Administration, 2933.69.6015, 2933.69.6021,
and Border Protection to liquidate all Department of Commerce. 2933.69.6050, 3808.40.50, 3808.50.40
asabaliauskas on DSKBBXCHB2PROD with NOTICES
6 Final Determination Notice, 79 FR at 41982, and Vietnam: Amended Final Determination of Sales at Deputy Assistant Secretary for Antidumping and
accompanying IDM at Comment 9. Less Than Fair Value, 79 FR 53691 (September 10, Countervailing Duty Operations, to Ronald K.
7 Cash deposit rates are lower than estimated 2014) (Orders). Lorentzen, Acting Assistant Secretary for
weighted-average dumping margins due to offsets 9 Final Determination Notice, 79 FR at 41982, and Enforcement and Compliance, ‘‘Decision
for export subsidies. accompanying IDM at Comment 9. Memorandum for the Preliminary Results of the
8 See Certain Oil Country Tubular Goods From 10 See Orders at 53692; see also Message No. 2015–2016 Antidumping Duty Administrative
India, the Republic of Korea, Taiwan, the Republic 4262301, dated September 19, 2017, and Message Review: Chlorinated Isocyanurates from the
of Turkey, and the Socialist Republic of Vietnam: No. 7130310, dated May 10, 2017. People’s Republic of China,’’ dated concurrently
Antidumping Duty Orders; and Certain Oil Country 1 For a complete description of the Scope of the with this notice (Preliminary Decision
Tubular Goods From the Socialist Republic of Order, see Memorandum from Gary Taverman, Memorandum).
VerDate Sep<11>2014 18:50 Jul 27, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\28JYN1.SGM 28JYN1](https://thefederalregister.org/doc/82_FR_35326/page/2.svg)
Document Created: 2017-07-28 03:10:17
Document Modified: 2017-07-28 03:10:17
| 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 | |
| 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 35182 |
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