83 FR 34114 - Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 139 (July 19, 2018)
International Trade Administration
Federal Register Volume 83, Issue 139 (July 19, 2018)
| Page Range | 34114-34115 | |
| FR Document | 2018-15566 |
[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)] [Notices] [Pages 34114-34115] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15566] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-520-807] Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 9, 2018, the United States Court of International Trade (the Court) entered final judgment sustaining the final results of the remand redetermination by the Department of Commerce (Commerce) pertaining to the antidumping duty (AD) investigation of circular welded carbon-quality steel pipe (CWP) from the United Arab Emirates (UAE). Commerce is notifying the public that the final judgment in this case is not in harmony with Commerce's final determination in the AD investigation of CWP from the UAE. DATES: Applicable July 19, 2018. FOR FURTHER INFORMATION CONTACT: Blaine Wiltse and Whitley Herndon, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6345 and (202) 482-6274, respectively. SUPPLEMENTARY INFORMATION: Background Subsequent to the October 28, 2016, publication of the Final Determination,\1\ and the December 16, 2016, publication of the Order,\2\ Wheatland Tube Company (i.e., the petitioner), filed a complaint with the Court challenging Commerce's treatment of the cost of ``caps'' used by Universal Tube and Plastic Industries, LLC--Jebel Ali Branch (UTP-JA), a producer/exporter of the mandatory respondent, Universal.\3\ On April 24, 2018, the Court remanded Commerce's final determination with the instruction that Commerce reexamine whether UTP- JA's cost of caps should be treated as packing expenses in light of its prior treatment of this material.\4\ --------------------------------------------------------------------------- \1\ See Circular Welded Carbon-Quality Steel Pipe from the United Arab Emirates: Final Determination of Sales at Less Than Fair Value, 81 FR 75030 (October 28, 2016) (Final Determination). \2\ See Circular Welded Carbon-Quality Steel Pipe from the Sultanate of Oman, Pakistan, and the United Arab Emirates: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Orders, 81 FR 91906 (December 19, 2016) (Order). \3\ Universal is the name collectively used for the following group of affiliated producers/exporters of CWP: KHK Scaffolding and Framework LLC; Universal Tube and Pipe Industries, Ltd; and UTP-JA. \4\ See Wheatland Tube Company v. United States, Court No. 17- 00021, Slip Op. 18-49 (CIT April 24, 2018). --------------------------------------------------------------------------- On June 22, 2018, Commerce issued its final results of redetermination, in which we reclassified UTP-JA's cost of caps as packing expenses; this revision did not change the final dumping margin for Universal.\5\ On July 9, 2018, the Court sustained the Remand Redetermination. --------------------------------------------------------------------------- \5\ See Final Results of Redetermination Pursuant to Court Remand, Wheatland Tube Company v. United States, Court No. 17-00021, Slip Op. 18-49 (CIT April 24, 2018), dated June 21, 2018, available at: https://enforcement.trade.gov/remands/index.html (Remand Redetermination). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ the United States Court of Appeals for the Federal [[Page 34115]] Circuit 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 Court's July 9, 2018, final judgment sustaining Commerce's Remand Redetermination constitutes a final decision of the Court that is not in harmony with Commerce's Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, Commerce will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal, or if appealed, pending a final and conclusive court decision. --------------------------------------------------------------------------- \6\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). \7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- We have not amended the Final Determination because reclassifying UTP-JA's cost of caps as packing expenses did not result in a change to the weighted-average dumping margin calculated for Universal in the Final Determination, which remains 5.58 percent. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and (e), and 777(i)(1) of the Act. Dated: July 13, 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. 2018-15566 Filed 7-18-18; 8:45 am] BILLING CODE 3510-DS-P
![34114 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices
Subsidy rate with the regulations and terms of an DATES: Applicable July 19, 2018.
Company (percent) APO is a sanctionable violation. FOR FURTHER INFORMATION CONTACT:
These final results are issued and Blaine Wiltse and Whitley Herndon,
Borusan Istikbal Ticaret 0.78 ad valorem. published in accordance with sections AD/CVD Operations, Office II,
and Borusan 751(a)(1) and 777(i)(1) of the Act and 19
Mannesmann Boru
Enforcement and Compliance,
Sanayi ve Ticaret A.S.6.
CFR 351.221(b)(5). International Trade Administration,
Dated: July 12, 2018. U.S. Department of Commerce, 1401
Assessment Rates Gary Taverman, Constitution Avenue NW, Washington,
Deputy Assistant Secretary for Antidumping
DC 20230; telephone: (202) 482–6345
In accordance with 19 CFR and (202) 482–6274, respectively.
351.212(b)(2), Commerce intends to and Countervailing Duty Operations,
performing the non-exclusive functions and SUPPLEMENTARY INFORMATION:
issue appropriate instructions to U.S.
duties of the Assistant Secretary for
Customs and Border Protection (CBP) 15 Background
Enforcement and Compliance.
days after the date of publication of the Subsequent to the October 28, 2016,
final results of this review. Commerce Appendix publication of the Final Determination,1
will instruct CBP to liquidate shipments List of Topics Discussed in the Issues and and the December 16, 2016, publication
of subject merchandise produced and/or Decision Memorandum of the Order,2 Wheatland Tube
exported by the company listed above, I. Summary Company (i.e., the petitioner), filed a
entered, or withdrawn from warehouse, II. Background complaint with the Court challenging
for consumption, from March 20, 2015, III. Scope of the Order Commerce’s treatment of the cost of
through December 31, 2015, at the ad IV. Subsidies Valuation ‘‘caps’’ used by Universal Tube and
valorem rate listed above. A. Allocation Period Plastic Industries, LLC—Jebel Ali
B. Attribution of Subsides Branch (UTP–JA), a producer/exporter
Cash Deposit Requirements C. Benchmark Interest Rates of the mandatory respondent,
Commerce also intends to instruct V. Programs Determined To Be
Universal.3 On April 24, 2018, the Court
CBP to collect cash deposits of Countervailable
VI. Programs Determined Not To Be Used remanded Commerce’s final
estimated countervailing duties in the determination with the instruction that
amount shown above for Borusan, on During the POR
VII. Analysis of Comments Commerce reexamine whether UTP–
shipments of subject merchandise JA’s cost of caps should be treated as
Comment 1: Treatment of the Investment
entered, or withdrawn from warehouse, Encouragement Program (IEP): Customs packing expenses in light of its prior
for consumption on or after the date of and Value Added Tax (VAT) Exemption treatment of this material.4
publication of the final results of this Program On June 22, 2018, Commerce issued
review. For all non-reviewed firms, Comment 2: Whether To Include Borusan’s its final results of redetermination, in
Commerce will instruct CBP to continue Exchange Variation Income in the Total which we reclassified UTP–JA’s cost of
to collect cash deposits at the most Value of Sales and Total Value of Export caps as packing expenses; this revision
recent company-specific or all-others Sales
VIII. Recommendation
did not change the final dumping
rate applicable to the company, as margin for Universal.5 On July 9, 2018,
appropriate. Accordingly, the cash [FR Doc. 2018–15435 Filed 7–18–18; 8:45 am]
the Court sustained the Remand
deposit requirements that will be BILLING CODE 3510–DS–P Redetermination.
applied to companies covered by this
order, but not examined in this Timken Notice
administrative review, are those DEPARTMENT OF COMMERCE In its decision in Timken,6 as clarified
established in the most recently by Diamond Sawblades,7 the United
completed segment of the proceeding International Trade Administration States Court of Appeals for the Federal
for each company. These cash deposit [A–520–807]
requirements, when imposed, shall 1 See Circular Welded Carbon-Quality Steel Pipe
remain in effect until further notice. Circular Welded Carbon-Quality Steel from the United Arab Emirates: Final Determination
of Sales at Less Than Fair Value, 81 FR 75030
Administrative Protective Orders Pipe From the United Arab Emirates: (October 28, 2016) (Final Determination).
Notice of Court Decision Not in 2 See Circular Welded Carbon-Quality Steel Pipe
This notice also serves as a reminder Harmony With Final Determination of from the Sultanate of Oman, Pakistan, and the
to parties subject to administrative Sales at Less Than Fair Value United Arab Emirates: Amended Final Affirmative
protective order (APO) of their Antidumping Duty Determination and
responsibility concerning the AGENCY: Enforcement and Compliance, Antidumping Duty Orders, 81 FR 91906 (December
19, 2016) (Order).
destruction of proprietary information International Trade Administration, 3 Universal is the name collectively used for the
disclosed under APO in accordance Department of Commerce. following group of affiliated producers/exporters of
with 19 CFR 351.305(a)(3). Timely SUMMARY: On July 9, 2018, the United CWP: KHK Scaffolding and Framework LLC;
written notification of the return or Universal Tube and Pipe Industries, Ltd; and UTP–
States Court of International Trade (the JA.
destruction of APO materials or Court) entered final judgment sustaining 4 See Wheatland Tube Company v. United States,
conversion to judicial protective order is the final results of the remand Court No. 17–00021, Slip Op. 18–49 (CIT April 24,
hereby requested. Failure to comply redetermination by the Department of 2018).
5 See Final Results of Redetermination Pursuant
Commerce (Commerce) pertaining to the
6 For the Borusan Companies, we initiated on the to Court Remand, Wheatland Tube Company v.
antidumping duty (AD) investigation of
sradovich on DSK3GMQ082PROD with NOTICES
following: Borusan Istikbal Ticaret (Istikbal) and United States, Court No. 17–00021, Slip Op. 18–49
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
circular welded carbon-quality steel (CIT April 24, 2018), dated June 21, 2018, available
(BMB). As explained in the PDM, we found Istikbal pipe (CWP) from the United Arab at: https://enforcement.trade.gov/remands/
and BMB to be cross-owned under Borusan Emirates (UAE). Commerce is notifying index.html (Remand Redetermination).
6 See Timken Co. v. United States, 893 F.2d 337,
Holding, A.S. No party has provided argument to the public that the final judgment in this
the contrary; thus, for these final results, we 341 (Fed. Cir. 1990) (Timken).
continue to find all three companies to be cross-
case is not in harmony with Commerce’s 7 See Diamond Sawblades Mfrs. Coalition v.
owned, though only BMB received countervailable final determination in the AD United States, 626 F.3d 1374 (Fed. Cir. 2010)
subsidies in this review period. investigation of CWP from the UAE. (Diamond Sawblades).
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![Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices 34115
Circuit held that, pursuant to section DEPARTMENT OF COMMERCE Antidumping and Countervailing Duty
516A(e) of the Tariff Act of 1930, as Centralized Electronic Service System
amended (the Act), Commerce must International Trade Administration (ACCESS). ACCESS is available to
publish a notice of a court decision that [C–570–048] registered users at http://
is not ‘‘in harmony’’ with a Commerce access.trade.gov, and is available to all
determination and must suspend Certain Carbon and Alloy Steel Cut-to- parties in the Central Records Unit,
liquidation of entries pending a Length Plate From the People’s Room B8024 of the main Department of
‘‘conclusive’’ court decision. The Republic of China: Final Results of Commerce building. In addition, a
Court’s July 9, 2018, final judgment Countervailing Duty Expedited Review complete version of the Issues and
sustaining Commerce’s Remand Decision Memorandum can be accessed
AGENCY: Enforcement and Compliance, directly at http://enforcement.trade.gov/
Redetermination constitutes a final International Trade Administration,
decision of the Court that is not in frn/. The signed Issues and Decision
Department of Commerce. Memorandum and the electronic
harmony with Commerce’s Final SUMMARY: The Department of Commerce version are identical in content.
Determination. This notice is published (Commerce) has completed its
in fulfillment of the publication expedited review of the countervailing Scope of the Order
requirements of Timken. Accordingly, duty (CVD) order on certain carbon and The product covered by this order is
Commerce will continue the suspension alloy steel cut-to-length plate (CTL CTL plate. A full description of the
of liquidation of the subject plate) from the People’s Republic of scope of the order is contained in the
merchandise pending the expiration of China (China) and finds that Jiangsu Issues and Decision Memorandum.3
the period of appeal, or if appealed, Tiangong Tools Company Limited (TG
pending a final and conclusive court Tools) received countervailable Methodology
decision. subsidies during period of review (POR) Commerce conducted this CVD
January 1, 2015, through December 31, expedited review in accordance with 19
We have not amended the Final 2015.
Determination because reclassifying CFR 351.214(k). For a full description of
DATES: Applicable July 19, 2018. the methodology underlying our
UTP–JA’s cost of caps as packing
expenses did not result in a change to FOR FURTHER INFORMATION CONTACT: conclusions, see the Issues and Decision
Ryan Mullen, AD/CVD Operations, Memorandum. The subsidy programs
the weighted-average dumping margin
Office V, Enforcement and Compliance, under review, and the issues raised in
calculated for Universal in the Final
International Trade Administration, the case and rebuttal briefs submitted by
Determination, which remains 5.58 U.S. Department of Commerce, 1401 the parties, are discussed in the Issues
percent. Constitution Avenue NW, Washington, and Decision Memorandum. A list of
Notification to Interested Parties DC 20230; telephone: (202) 482–5260. the issues that parties raised, and to
SUPPLEMENTARY INFORMATION: which we responded in the Issues and
This notice is issued and published in Decision Memorandum, is attached as
accordance with sections 516A(c)(1) and Background an Appendix to this notice.
(e), and 777(i)(1) of the Act. Commerce published the Preliminary Based on our review and analysis of
Dated: July 13, 2018.
Results of this expedited review on the comments received from parties, we
March 21, 2018.1 A summary of the made certain changes to TG Tools’
Gary Taverman, events that occurred since we published subsidy rate calculations since the
Deputy Assistant Secretary for Antidumping the Preliminary Results, as well as a full Preliminary Results. For a discussion of
and Countervailing Duty Operations, discussion of the issues raised by parties these changes, see the Issues and
performing the non-exclusive functions and for the final results, may be found in the Decision Memorandum and the Final
duties of the Assistant Secretary for Issues and Decision Memorandum 2 Calculation Memorandum.4
Enforcement and Compliance.
issued concurrently with, and hereby
[FR Doc. 2018–15566 Filed 7–18–18; 8:45 am] adopted by, this notice. The Issues and Final Results of the Expedited Review
BILLING CODE 3510–DS–P Decision Memorandum is a public As a result of this expedited review,
document and is on file electronically we determine the countervailable
via Enforcement and Compliance’s subsidy rate to be:
Company Subsidy rate
Jiangsu Tiangong Tools Company Limited, Tiangong Aihe Company Limited, Jiangsu Tiangong Group Company Limited,
Jiangsu Tiangong Mould Steel R&D Center Company Limited ...................................................................................................... 26.90 percent
Cash Deposit Instructions results, Commerce will instruct Customs withdrawn from warehouse, for
and Border Protection (CBP) to collect consumption on or after the date of
Pursuant to section 19 CFR cash deposits of estimated publication of the final results of this
351.214(k)(3)(iii), the final results of this countervailing duties for the companies expedited review. These cash deposit
expedited review will not be the basis subject to this expedited review, at the requirements, when imposed, shall
sradovich on DSK3GMQ082PROD with NOTICES
for the assessment of countervailing rates shown above, on shipments of remain in effect until further notice.
duties. Upon the issuance of these final subject merchandise entered, or
1 See Certain Carbon and Alloy Steel Cut-to- 2 See Memorandum, ‘‘Issues and Decision with, and hereby adopted by, this notice (Issues and
Length Plate from the People’s Republic of China: Memorandum for the Final Results of Expedited Decision Memorandum).
Preliminary Results of Countervailing Duty Review of the Countervailing Duty Order on Certain 3 Id.
Expedited Review, 83 FR 12337 (March 21, 2018) Carbon and Alloy Steel Cut-to-Length Plate from the 4 Id; see also Memorandum, ‘‘Final Results
(Preliminary Results). People’s Republic of China,’’ dated concurrently Calculations for TG Tools’’ (June 13, 2018).
VerDate Sep<11>2014 17:34 Jul 18, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\19JYN1.SGM 19JYN1](https://thefederalregister.org/doc/83_FR_34253/page/2.svg)
Document Created: 2018-07-19 01:35:35
Document Modified: 2018-07-19 01:35:35
| 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 July 19, 2018. | |
| Contact | Blaine Wiltse and Whitley Herndon, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6345 and (202) 482-6274, respectively. | |
| FR Citation | 83 FR 34114 |
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