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)

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.

[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]


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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\
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    \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).
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    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.
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    \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).
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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.
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    \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).
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    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