83 FR 11174 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: 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 83, Issue 50 (March 14, 2018)
International Trade Administration
Federal Register Volume 83, Issue 50 (March 14, 2018)
| Page Range | 11174-11175 | |
| FR Document | 2018-05149 |
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)] [Notices] [Pages 11174-11175] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05149] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-489-825] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Notice of Court Decision Not in Harmony With the Amended Final Determination of the Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 1, 2018, the Court of International Trade (CIT) entered final judgment sustaining the Department of Commerce's (Commerce's) remand redetermination in the countervailing duty (CVD) investigation of heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey). Commerce is notifying the public that the Court's final judgment in this case is not in harmony with Commerce's amended final determination with respect to Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. (Ozdemir) and all other exporters and producers. DATES: Applicable February 12, 2018.\1\ --------------------------------------------------------------------------- \1\ February 11, 2018, ten days after the Court's opinion was issued, falls on a Sunday. Therefore, the effective date is Monday, February 12, 2018. See Notice of Clarification: Application of ``Next Business Day'' Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). FOR FURTHER INFORMATION CONTACT: Brian Smith or Janae Martin, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-1766 or (202) 482- --------------------------------------------------------------------------- 0238, respectively. SUPPLEMENTARY INFORMATION: Background On July 21, 2016, Commerce published its final determination in the CVD investigation of HWR pipes and tubes from Turkey.\2\ On September 13, 2016, Commerce published an amended final determination and the CVD order.\3\ --------------------------------------------------------------------------- \2\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Final Affirmative Countervailing Duty Determination, 81 FR 47349 (July 21, 2016). \3\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 81 FR 62874 (September 13, 2016) (Amended Final Determination and Order). --------------------------------------------------------------------------- The Court remanded one aspect of Commerce's findings for further consideration.\4\ Specifically, in its Remand and Opinion Order, the Court held that, if Commerce decided to maintain its Land for Less than Adequate Remuneration (LTAR) benchmark calculation, it must explain the following: (1) Why the high prices for the Istanbul and Yalova Altinova (Yalova) land parcels were not aberrational, and how calculating a simple average of all the land parcel prices used in the land benchmark calculation successfully moderated the price disparities; (2) whether the Istanbul and Yalova land parcels were located in more highly developed areas of Turkey and how that affected Commerce's analysis; and (3) why the future usage of the land parcels is relevant under the applicable provisions of the statute and Commerce's regulations.\5\ --------------------------------------------------------------------------- \4\ See Ozdemir Boru San. Ve Tic. Ltd. Sti., v. United States and Atlas Tube and Independence Tube Corporation Court No. 16-00206, Slip Op. 17-142 (CIT October 16, 2017) (Remand Opinion and Order). \5\ Id. at 44-45. --------------------------------------------------------------------------- On December 11, 2017, Commerce issued its Remand Redetermination.\6\ In its Remand Redetermination, Commerce determined that there was a reasonable basis for treating the Istanbul and Yalova land parcels as outliers because (1) the prices of these parcels deviated substantially from the other prices in the dataset; and (2) the average price of the land parcels in the benchmark would be skewed if the Istanbul and Yalova land parcels were not removed from the dataset.\7\ Additionally, in its Remand Redetermination, Commerce stated that although it generally avoids selectively removing prices from datasets, it has occasionally done so after finding certain data to be clearly aberrational or unreliable.\8\ In removing the two parcels at issue from the benchmark, Commerce found that other issues raised by the Court, namely the relative levels of development of the land parcels in the benchmark, the importance of a land parcel's future usage in Commerce's benchmark selection, and other issues involving comparability, were moot.\9\ Therefore, Commerce did not address these issues in the Remand Redetermination. --------------------------------------------------------------------------- \6\ See Final Results of Remand Redetermination Pursuant to Court Remand, Court No. 16-00206, dated December 11, 2017, available at: http://ia.ita.doc.gov/remands/ (Remand Redetermination). \7\ Id. at 2. \8\ Id. \9\ Id. --------------------------------------------------------------------------- On February 1, 2018, the CIT sustained Commerce's Remand Redetermination.\10\ --------------------------------------------------------------------------- \10\ See Ozdemir Boru San. Ve Tic. Ltd. Sti., v. United States and Atlas Tube and Independence Tube Corporation Court No. 16-00206, Slip Op.18-6. (CIT February 1, 2018). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\11\ as clarified by Diamond Sawblades,\12\ 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), Commerce must publish a notice of a court decision that is not ``in harmony'' with a Commerce determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's February 1, 2018, 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. Accordingly, Commerce will continue suspension of liquidation of subject merchandise pending expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. --------------------------------------------------------------------------- \11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). \12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- Amended Final Determination As there is now a final court decision, Commerce amends its Amended Final [[Page 11175]] Determination and Order. Commerce finds that the following revised net countervailable subsidy rates exist: ------------------------------------------------------------------------ Net Producer/exporter subsidy rate ------------------------------------------------------------------------ MMZ Onur Boru Profit uretirn San Ve Tic. A.S................ 9.87 Ozdemir Boru Profil San ve Tic. Ltd Sti..................... 14.66 All-Others.................................................. 12.36 ------------------------------------------------------------------------ Cash Deposit Requirements Because there has been no subsequent administrative review for MMZ Onur Boru Profit uretirn San Ve Tic. A.S. (MMZ) and Ozdemir, Commerce will instruct U.S. Customs and Border Protection (CBP) to set the cash deposit rates for these companies to the rates listed above, pending a final and conclusive court decision. Pursuant to section 705(c)(5)(A) of the Act, companies not individually investigated are assigned an ``all-others'' countervailing duty rate. As a general rule, the all-others rate is equal to the weighted-average of the countervailable subsidy rates established for individually investigated producers, excluding any zero and de minimis countervailable subsidy rates.\13\ Commerce will instruct CBP that the ``all-others'' cash deposit rate is to be amended to reflect the revised subsidy rate calculated for Ozdemir, as listed above. --------------------------------------------------------------------------- \13\ See section 705(c)(5)(A)(i) of the Act. For a full discussion of the calculation of the all-others rate, see Memorandum ``Remand Redetermination Calculation of the `All Others' Rate,'' dated December 12, 2017. --------------------------------------------------------------------------- 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: March 8, 2018. 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. 2018-05149 Filed 3-13-18; 8:45 am] BILLING CODE 3510-DS-P
![11174 Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
In accordance with 19 CFR FOR FURTHER INFORMATION CONTACT: (1) the prices of these parcels deviated
351.305(a)(3), this notice also serves as Brian Smith or Janae Martin, AD/CVD substantially from the other prices in
a reminder to parties subject to Operations, Office VIII, Enforcement the dataset; and (2) the average price of
administrative protective order (APO) of and Compliance, International Trade the land parcels in the benchmark
their responsibility concerning the Administration, U.S. Department of would be skewed if the Istanbul and
return or destruction of proprietary Commerce, 1401 Constitution Avenue Yalova land parcels were not removed
information disclosed under APO, NW, Washington, DC 20230; telephone from the dataset.7 Additionally, in its
which continues to govern business (202) 482–1766 or (202) 482–0238, Remand Redetermination, Commerce
proprietary information in this segment respectively. stated that although it generally avoids
of the proceeding. Timely written SUPPLEMENTARY INFORMATION: selectively removing prices from
notification of the return or destruction datasets, it has occasionally done so
of APO materials, or conversion to Background after finding certain data to be clearly
judicial protective order, is hereby On July 21, 2016, Commerce aberrational or unreliable.8 In removing
requested. Failure to comply with the published its final determination in the the two parcels at issue from the
regulations and terms of an APO is a CVD investigation of HWR pipes and benchmark, Commerce found that other
sanctionable violation. tubes from Turkey.2 On September 13, issues raised by the Court, namely the
These final results of this 2016, Commerce published an amended relative levels of development of the
administrative review and notice are final determination and the CVD order.3 land parcels in the benchmark, the
published in accordance with sections The Court remanded one aspect of importance of a land parcel’s future
751(a)(l) and 777(i)(l) of the Act and 19 Commerce’s findings for further usage in Commerce’s benchmark
CFR 351.213(h). consideration.4 Specifically, in its selection, and other issues involving
Dated: March 8, 2018. Remand and Opinion Order, the Court comparability, were moot.9 Therefore,
held that, if Commerce decided to Commerce did not address these issues
Gary Taverman,
maintain its Land for Less than in the Remand Redetermination.
Deputy Assistant Secretary for Antidumping On February 1, 2018, the CIT
and Countervailing Duty Operations, Adequate Remuneration (LTAR)
benchmark calculation, it must explain sustained Commerce’s Remand
performing the non-exclusive functions and
duties of the Assistant Secretary for the following: (1) Why the high prices Redetermination.10
Enforcement and Compliance. for the Istanbul and Yalova Altinova Timken Notice
[FR Doc. 2018–05151 Filed 3–13–18; 8:45 am] (Yalova) land parcels were not
aberrational, and how calculating a In its decision in Timken,11 as
BILLING CODE 3510–DS–P
simple average of all the land parcel clarified by Diamond Sawblades,12 the
prices used in the land benchmark United States Court of Appeals for the
calculation successfully moderated the Federal Circuit (CAFC) held that,
DEPARTMENT OF COMMERCE
price disparities; (2) whether the pursuant to section 516A(e) of the Tariff
International Trade Administration Istanbul and Yalova land parcels were Act of 1930, as amended (the Act),
located in more highly developed areas Commerce must publish a notice of a
[C–489–825] court decision that is not ‘‘in harmony’’
of Turkey and how that affected
Commerce’s analysis; and (3) why the with a Commerce determination and
Heavy Walled Rectangular Welded must suspend liquidation of entries
Carbon Steel Pipes and Tubes From future usage of the land parcels is
relevant under the applicable provisions pending a ‘‘conclusive’’ court decision.
the Republic of Turkey: Notice of Court The CIT’s February 1, 2018, final
Decision Not in Harmony With the of the statute and Commerce’s
regulations.5 judgment affirming the Remand
Amended Final Determination of the Redetermination constitutes a final
Countervailing Duty Investigation On December 11, 2017, Commerce
issued its Remand Redetermination.6 In decision of that court which is not in
AGENCY: Enforcement and Compliance, its Remand Redetermination, Commerce harmony with the Amended Final
International Trade Administration, determined that there was a reasonable Determination and Order. This notice is
Department of Commerce. basis for treating the Istanbul and published in fulfillment of the
SUMMARY: On February 1, 2018, the Yalova land parcels as outliers because publication requirements of Timken.
Court of International Trade (CIT) Accordingly, Commerce will continue
entered final judgment sustaining the Notice of Clarification: Application of ‘‘Next suspension of liquidation of subject
Department of Commerce’s Business Day’’ Rule for Administrative merchandise pending expiration of the
Determination Deadlines Pursuant to the Tariff Act period of appeal or, if appealed,
(Commerce’s) remand redetermination of 1930, As Amended, 70 FR 24533 (May 10, 2005).
in the countervailing duty (CVD) 2 See Heavy Walled Rectangular Welded Carbon
pending a final and conclusive court
investigation of heavy walled Steel Pipes and Tubes from the Republic of Turkey: decision.
rectangular welded carbon steel pipes Final Affirmative Countervailing Duty
Determination, 81 FR 47349 (July 21, 2016).
Amended Final Determination
and tubes (HWR pipes and tubes) from 3 See Heavy Walled Rectangular Welded Carbon As there is now a final court decision,
the Republic of Turkey (Turkey). Steel Pipes and Tubes from the Republic of Turkey: Commerce amends its Amended Final
Commerce is notifying the public that Amended Final Affirmative Countervailing Duty
the Court’s final judgment in this case Determination and Countervailing Duty Order, 81
7 Id. at 2.
FR 62874 (September 13, 2016) (Amended Final
is not in harmony with Commerce’s Determination and Order). 8 Id.
amended final determination with 4 See Ozdemir Boru San. Ve Tic. Ltd. Sti., v. 9 Id.
respect to Ozdemir Boru Profil San. Ve
daltland on DSKBBV9HB2PROD with NOTICES
United States and Atlas Tube and Independence 10 See Ozdemir Boru San. Ve Tic. Ltd. Sti., v.
Tic. Ltd. Sti. (Ozdemir) and all other Tube Corporation Court No. 16–00206, Slip Op. 17– United States and Atlas Tube and Independence
142 (CIT October 16, 2017) (Remand Opinion and Tube Corporation Court No. 16–00206, Slip Op.18–
exporters and producers. Order). 6. (CIT February 1, 2018).
DATES: Applicable February 12, 2018.1 5 Id. at 44–45. 11 See Timken Co. v. United States, 893 F.2d 337
6 See Final Results of Remand Redetermination (Fed. Cir. 1990) (Timken).
1 February 11, 2018, ten days after the Court’s Pursuant to Court Remand, Court No. 16–00206, 12 See Diamond Sawblades Mfrs. Coalition v.
opinion was issued, falls on a Sunday. Therefore, dated December 11, 2017, available at: http:// United States, 626 F.3d 1374 (Fed. Cir. 2010)
the effective date is Monday, February 12, 2018. See ia.ita.doc.gov/remands/ (Remand Redetermination). (Diamond Sawblades).
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![Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices 11175
Determination and Order. Commerce SUMMARY: Based on affirmative final Antidumping Duty Orders
finds that the following revised net determinations by the Department of On March 1, 2018, in accordance with
countervailable subsidy rates exist: Commerce (Commerce) and the sections 735(b)(1)(A)(i) and 735(d) of the
International Trade Commission (the Act, the ITC notified Commerce of its
Net ITC), Commerce is issuing antidumping
Producer/exporter subsidy final determinations in these
duty orders on carbon and alloy steel investigations, in which it found that an
rate
wire rod (wire rod) from the Republic of industry in the United States is
MMZ Onur Boru Profit uretirn South Africa (South Africa) and materially injured by reasons of imports
San Ve Tic. A.S ...................... 9.87 Ukraine. of wire rod from South Africa and
Ozdemir Boru Profil San ve Tic. DATES: Applicable March 14, 2018. Ukraine.4 The ITC also notified
Ltd Sti ...................................... 14.66 Commerce of its determination that
All-Others .................................... 12.36 FOR FURTHER INFORMATION CONTACT:
Moses Song at (202) 482–5041 or John critical circumstances do not exist with
McGowan (202) 482–3019 (South respect to imports of wire rod from
Cash Deposit Requirements South Africa subject to Commerce’s
Africa), Julia Hancock at (202) 482–
Because there has been no subsequent 1394, Annathea Cook at (202) 482–0250, critical circumstances finding.5
administrative review for MMZ Onur or Courtney Canales at (202) 482–4997 Therefore, in accordance with section
Boru Profit uretirn San Ve Tic. A.S. (Ukraine), AD/CVD Operations, Office V 735(c)(2) of the Act, we are issuing these
(MMZ) and Ozdemir, Commerce will & VI, Enforcement and Compliance, AD orders. Because the ITC determined
instruct U.S. Customs and Border International Trade Administration, that imports of wire rod from South
Protection (CBP) to set the cash deposit U.S. Department of Commerce, 1401 Africa and Ukraine are materially
rates for these companies to the rates Constitution Avenue NW, Washington, injuring a U.S. industry, unliquidated
listed above, pending a final and DC 20230. entries of such merchandise from South
conclusive court decision. SUPPLEMENTARY INFORMATION: Africa and Ukraine, entered or
Pursuant to section 705(c)(5)(A) of the withdrawn from warehouse for
Act, companies not individually Background consumption, are subject to the
investigated are assigned an ‘‘all-others’’ In accordance with sections 735(d) assessment of antidumping duties.
countervailing duty rate. As a general and 777(i)(1) of the Tariff Act of 1930, As a result of the ITC’s final
rule, the all-others rate is equal to the as amended (the Act), and 19 CFR affirmative determinations, in
weighted-average of the countervailable 351.210(c), on January 16, 2018, accordance with section 736(a)(1) of the
subsidy rates established for Commerce published its affirmative Act, Commerce will direct U.S. Customs
individually investigated producers, final determinations in the less-than- and Border Protection (CBP) to assess,
excluding any zero and de minimis fair-value (LTFV) investigations of wire upon further instruction by Commerce,
countervailable subsidy rates. 13
rod from South Africa and Ukraine.1 On antidumping duties equal to the amount
Commerce will instruct CBP that the March 1, 2018, the ITC notified by which the normal value of the
‘‘all-others’’ cash deposit rate is to be Commerce of its final affirmative merchandise exceeds the export price
amended to reflect the revised subsidy determination that an industry in the (or constructed export price) of the
rate calculated for Ozdemir, as listed United States is materially injured merchandise, for all relevant entries of
above. within the meaning of section wire rod from South Africa and Ukraine.
This notice is issued and published in 735(b)(1)(A)(i) of the Act, by reason of Antidumping duties will be assessed on
accordance with sections 516A(e)(1), the LTFV imports of wire rod from unliquidated entries of wire rod from
705(c)(1)(B), and 777(i)(1) of the Act. South Africa and Ukraine, and its South Africa and Ukraine entered, or
Dated: March 8, 2018. determination that critical withdrawn from warehouse, for
Gary Taverman, circumstances do not exist with respect consumption on or after October 31,
Deputy Assistant Secretary for Antidumping to imports of wire rod from South Africa 2017, the date of publication of the
and Countervailing Duty Operations, subject to Commerce’s affirmative preliminary determinations,6 but will
performing the non-exclusive functions and critical circumstances determination.2 not include entries occurring after the
duties of the Assistant Secretary for The ITC published its final expiration of the provisional measures
Enforcement and Compliance. determination on March 7, 2018.3 period and before publication in the
[FR Doc. 2018–05149 Filed 3–13–18; 8:45 am] Federal Register of the ITC’s final injury
Scope of the Orders
BILLING CODE 3510–DS–P determination, as further described
The merchandise covered by these below.
orders is wire rod from South Africa and
DEPARTMENT OF COMMERCE Ukraine. For a complete description of Suspension of Liquidation
the scope of these orders, see the In accordance with section
International Trade Administration Appendix to this notice. 735(c)(1)(B) of the Act, we will instruct
[A–791–823, A–823–816]
1 See Carbon and Alloy Steel Wire Rod from the 4 See ITC Notification Letter.
Carbon and Alloy Steel Wire Rod From Republic of South Africa: Affirmative Final 5 Id.
the Republic of South Africa and Determination of Sales at Less Than Fair Value and 6 See Carbon and Alloy Steel Wire Rod from the
Affirmative Finding of Critical Circumstances, 83 Republic of South Africa: Preliminary Affirmative
Ukraine: Antidumping Duty Orders FR 2141 (January 16, 2018) (South Africa Final Determination of Sales at Less Than Fair Value,
Determination); Carbon and Alloy Steel Wire Rod Preliminary Affirmative Determination of Critical
AGENCY: Enforcement and Compliance,
daltland on DSKBBV9HB2PROD with NOTICES
from Ukraine: Affirmative Final Determination of Circumstances, and preliminary Determination of
International Trade Administration, Sales at Less Than Fair Value, 83 FR 2135 (January No Shipments, 82 FR 50383 (October 31, 2017)
Department of Commerce. 16, 2018) (Ukraine Final Determination). (South Africa Preliminary Determination); Carbon
2 See Letter from the ITC to the Hon. Gary
and Alloy Steel Wire Rod from Ukraine: Preliminary
13 See section 705(c)(5)(A)(i) of the Act. For a full Taverman, dated March 1, 2018 (ITC Notification Affirmative Determination of Sales at Less Than
discussion of the calculation of the all-others rate, Letter). Fair Value: Preliminary Determination of Sales at
see Memorandum ‘‘Remand Redetermination 3 See Carbon and Certain Alloy Steel Wire Rod Less Than Fair Value and Postponement of Final
Calculation of the ‘All Others’ Rate,’’ dated from South Africa and Ukraine; Determinations, 83 Determination, 82 FR 50375 (October 31, 2017)
December 12, 2017. FR 9749 (March 7, 2018). (Ukraine Preliminary Determination).
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Document Created: 2018-03-14 01:06:46
Document Modified: 2018-03-14 01:06:46
| 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 | Applicable February 12, 2018.\1\ | |
| Contact | Brian Smith or Janae Martin, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-1766 or (202) 482- | |
| FR Citation | 83 FR 11174 |
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