83 FR 59360 - Certain Oil Country Tubular Goods From India: Notice of Correction to the Amended Final Determination and Amendment of the Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 226 (November 23, 2018)
International Trade Administration
Federal Register Volume 83, Issue 226 (November 23, 2018)
| Page Range | 59360-59362 | |
| FR Document | 2018-25516 |
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)] [Notices] [Pages 59360-59362] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25516] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-857] Certain Oil Country Tubular Goods From India: Notice of Correction to the Amended Final Determination and Amendment of the Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is correcting the amended final antidumping duty determination and order for certain oil country tubular [[Page 59361]] goods (OCTG) from India with respect to the ``all-others'' companies. DATES: 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: On July 18, 2014, Commerce published its final determination of sales at LTFV and final negative determination of critical circumstances in this proceeding.\1\ As part of the Final Determination, Commerce calculated an all-others rate of 5.79 percent.\2\ A summary of that determination and resulting litigation can be found in the Amended Final Determination, which was published in the Federal Register on April 12, 2017.\3\ Subsequently, Commerce issued an Amended Order, which was published in the Federal Register on June 20, 2017.\4\ Commerce then published a correction to the Amended Final Determination and to the Amended Order on July 28, 2017.\5\ Commerce is now issuing a second correction to the Amended Final Determination and to the Amended Order as they concern the rate for all other producers and exporters. The rates for the two mandatory respondents remain unchanged. --------------------------------------------------------------------------- \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), and accompanying issues and decision memorandum (IDM). \2\ Id., 79 FR at 41982. \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 Certain Oil Country Tubular Goods from India: Notice of Correction to Amended Final Determination and Amendment of Antidumping Duty Order, 82 FR 35182 (July 28, 2017) (Correction to Amended Final Determination and Amendment of the Order). --------------------------------------------------------------------------- In June 2018, U.S. Steel sought to enforce the final judgment of the United States Court of International Trade (CIT) that is referenced in the Amended Final Determination.\6\ Specifically, U.S. Steel requested that the Court require Commerce to recalculate the all-others rate consistent with the revised weighted-average dumping margins reflected in the Amended Final Determination and Amended Order.\7\ On October 17, 2018, the CIT granted, in part, U.S. Steel's motion for enforcement of judgment in U.S. Steel II, and ordered Commerce to issue a revised notice, recalculating the all-others rate.\8\ --------------------------------------------------------------------------- \6\ See Amended Final Determination, 82 FR at 17631 (citing United States Steel Corp. v. United States, 219 F. Supp. 3d 1300 (CIT 2017) (U.S. Steel II)). \7\ See Amended Order; see also Correction to Amended Final Determination and Amendment of the Order. \8\ See United States Steel Corp. v. United States, Consol. Ct. No. 14-00263, Slip Op. 18-139 (CIT October 17, 2018) (U.S. Steel Enforcement Order). --------------------------------------------------------------------------- On October 17, 2018, the CIT granted, in part, plaintiff U.S. Steel's motion to enforce the Court's March 16, 2017, order sustaining the remand redetermination by Commerce pertaining to the less-than- fair-value (LTFV) investigation of OCTG from India. Accordingly, Commerce is issuing this notice to correct its earlier amended final determination and amended antidumping duty order with respect to the all-others rate. Correction to the Amended Final Determination We are correcting the Amended Final Determination to reflect the recalculated all-others rate. The relevant text of the Amended Final Determination should have appeared as follows: Amended Final Determination Because there is now a final court decision, Commerce is amending the Final Determination with respect to GVN single entity (comprised of GVN Fuels Limited, Maharashtra Seamless Limited and Jindal Pipes Limited),\9\ Jindal SAW, Limited, and the ``all-others'' companies. The revised weighted-average dumping margins for the period July 1, 2012, through June 30, 2013, are as follows: --------------------------------------------------------------------------- \9\ See Final Determination, 79 FR at 41982, and accompanying IDM at Comment 9. ------------------------------------------------------------------------ Estimated weighted- Cash deposit Exporter or producer average dumping rate (percent) margins (percent) \10\ ------------------------------------------------------------------------ GVN Fuels Limited, Maharashtra 1.07 (de minimis)... 0.00 Seamless Limited and Jindal Pipes. Limited (collectively, GVN or GVN single entity). Jindal SAW, Limited............... 11.24............... 0.00 All-Others........................ 11.24 \11\.......... 0.60 \12\ ------------------------------------------------------------------------ Amended Cash Deposit Rates Neither the GVN single entity nor Jindal SAW, Limited have a superseding cash deposit rate (e.g., from a subsequent administrative review) and, therefore, Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection. The revised cash deposit rates are indicated above, and effective March 26, 2017. --------------------------------------------------------------------------- \10\ Cash deposit rates are lower than estimated weighted- average dumping margins due to offsets for export subsidies. \11\ The all-others weighted-average dumping margin is based on the rate calculated for Jindal SAW, the only above de minimis rate calculated in this proceeding. \12\ See Memorandum, ``Calculation of Export Subsidy Rate for All Others,'' dated concurrently with this notice. \13\ Cash deposit rates are lower than estimated weighted- average dumping margins due to offsets for export subsidies. --------------------------------------------------------------------------- The all-others cash deposit rate, effective March 26, 2017, will be 0.60 percent, the weighted average all-others dumping margin adjusted by the rate of export subsidies determined for all-other producers and exporters in the companion CVD investigation. Correction to the Amended Order We are correcting the Amended Order to reflect the recalculated all-others rate. The relevant text of the Amended Order should have appeared as follows: Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Estimated weighted- Cash deposit Exporter or producer average dumping rate (percent) margins (percent) \13\ ------------------------------------------------------------------------ Jindal SAW, Limited............... 11.24............... 0.00 All-Others........................ 11.24............... 0.60 ------------------------------------------------------------------------ [[Page 59362]] This correction to the Amended Final Determination and to the Amended Order is issued and published in accordance with sections 735(d), 736(a), and 777(i) of the Tariff Act of 1930, as amended. Dated: November 19, 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. 2018-25516 Filed 11-21-18; 8:45 am] BILLING CODE 3510-DS-P
![59360 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices
Filing Requirements & Letter of adequacy of remuneration under 19 CFR reminded that revised certification
Appearance 351.511(a)(2); (iv) evidence placed on requirements are in effect for company/
In accordance with Commerce’s the record by Commerce; and (v) government officials, as well as their
regulations, all submissions to evidence other than factual information representatives. Investigations initiated
Commerce must be filed electronically described in (i)–(iv). The regulation on the basis of petitions filed on or after
using Enforcement and Compliance’s requires any party, when submitting August 16, 2013, and other segments of
Antidumping and Countervailing Duty factual information, to specify under any AD or CVD proceedings initiated on
Centralized Electronic Service System which subsection of 19 CFR or after August 16, 2013, should use the
(ACCESS). An electronically filed 351.102(b)(21) the information is being formats for the revised certifications
document must be received successfully submitted and, if the information is provided at the end of the Final Rule.3
in its entirety by the time and date it is submitted to rebut, clarify, or correct Commerce intends to reject factual
due. Documents exempted from the factual information already on the submissions if the submitting party does
electronic submission requirements record, to provide an explanation not comply with the applicable revised
must be filed manually (i.e., in paper identifying the information already on certification requirements.
form) with Enforcement and the record that the factual information
seeks to rebut, clarify, or correct. Time Notification to Interested Parties
Compliance’s APO/Dockets Unit, Room
18022, U.S. Department of Commerce, limits for the submission of factual Interested parties must submit
1401 Constitution Avenue NW, information are addressed in 19 CFR applications for disclosure under APO
Washington, DC 20230, and stamped 351.301, which provides specific time in accordance with 19 CFR 351.305. On
with the date and time of receipt by the limits based on the type of factual January 22, 2008, Commerce published
applicable deadlines.1 information being submitted. Parties Antidumping and Countervailing Duty
Pursuant to 19 CFR 351.103(d)(l), to should review the regulations prior to Proceedings: Documents Submission
be included on the public service list for submitting factual information in this Procedures; APO Procedures, 73 FR
the Section 129 determination for the segment. 3634 (January 22, 2008). Parties wishing
aforementioned proceeding, all Extension of Time Limits Regulation to participate in this proceeding should
interested parties, including parties that ensure that they meet the requirements
were part of the public service list in the Parties may request an extension of of these procedures (e.g., the filing of
underlying investigation and any parties time limits before the expiration of a letters of appearance as discussed at 19
otherwise notified of Commerce’s time limit established under Part 351, or CFR 351.103(d)).
commencement of this Section 129 as otherwise specified by the Secretary. This notice is published in
proceeding, must file a letter of In general, an extension request will be accordance with section 129(b)(1) of the
appearance. The letter of appearance considered untimely if it is filed after URAA.
must be filed separately from any other the expiration of the time limit
established under Part 351 expires. For Dated: November 15, 2018.
document (with the exception of an Gary Taverman,
application for administrative protective submissions that are due from multiple
parties simultaneously, an extension Deputy Assistant Secretary for Antidumping
order (APO) access; parties applying for and Countervailing Duty Operations,
and granted APO access would request will be considered untimely if it
is filed after 10:00 a.m. Eastern Time on performing the non-exclusive functions and
automatically be on the public service duties of the Assistant Secretary for
list). Parties wishing to enter an the due date. Under certain
Enforcement and Compliance.
appearance or submit information with circumstances, we may elect to specify
a different time limit by which [FR Doc. 2018–25384 Filed 11–21–18; 8:45 am]
regard to this proceeding must upload BILLING CODE 3510–DS–P
their filing(s) to each relevant case extension requests will be considered
number. Additionally, for each untimely for submissions which are due
submission made in ACCESS, parties from multiple parties simultaneously. In
such a case, we will inform parties in DEPARTMENT OF COMMERCE
must select ‘‘S 129–SEC 129’’ as the
segment and enter ‘‘DS488’’ in the the letter or memorandum setting forth International Trade Administration
segment specific information field. the deadline (including a specified time)
by which extension requests must be [A–533–857]
Submission of Factual Information filed to be considered timely. An
Unless notified otherwise, the extension request must be made in a Certain Oil Country Tubular Goods
administrative record is closed for separate, stand-alone submission; under From India: Notice of Correction to the
submitting new factual information. At limited circumstances we will grant Amended Final Determination and
this time, Commerce does not intend to untimely-filed requests for the extension Amendment of the Antidumping Duty
seek new factual information in of time limits. Review Extension of Time Order
addition to information already on the Limits; Final Rule, 78 FR 57790
record of the investigation. If Commerce (September 20, 2013), available at AGENCY: Enforcement and Compliance,
determines that additional factual http://www.gpo.gov/fdsys/pkg/FR-2013- International Trade Administration,
information is necessary, it will notify 09-20/html/2013-22853.htm prior to Department of Commerce.
the parties. submitting factual information in this SUMMARY: The Department of Commerce
Factual information is defined in 19 segment. (Commerce) is correcting the amended
CFR 351.102(b)(21) as: (i) Evidence final antidumping duty determination
Certification Requirements and order for certain oil country tubular
submitted in response to questionnaires;
amozie on DSK3GDR082PROD with NOTICES1
(ii) evidence submitted in support of Any party submitting factual
allegations; (iii) publicly available information in an AD or countervailing 3 See Certification of Factual Information to
information to value factors under 19 duty (CVD) proceeding must certify to Import Administration During Antidumping and
the accuracy and completeness of that Countervailing Duty Proceedings, 78 FR 42678 (July
CFR 351.408(c) or to measure the 17, 2013) (Final Rule); see also frequently asked
information.2 Parties are hereby questions regarding the Final Rule, available at
1 See, generally, 19 CFR 351.303 (for general filing http://enforcement.trade.gov/tlei/notices/factual_
requirements). 2 See section 782(b) of the Act. info_final_rule_FAQ_07172013.pdf.
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![59362 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices
This correction to the Amended Final estimate of fishing mortality (F2013–2015), Needs and Uses: This request is for
Determination and to the Amended 0.138, is greater than the maximum extension of a currently approved
Order is issued and published in fishing mortality threshold (MFMT), information collection.
accordance with sections 735(d), 736(a), 0.115. NMFS has informed the Gulf of NOAA has, or is given, authority
and 777(i) of the Tariff Act of 1930, as Mexico Fishery Management Council under the Coastal Zone Management
amended. (Gulf Council) that it must prepare and Act (CZMA), annual appropriations or
Dated: November 19, 2018. implement a plan amendment or other authorities, to issue funds to
Gary Taverman,
proposed regulations to end overfishing coastal states, localities or other
immediately and prevent overfishing recipients for planning, conservation,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
from occurring in the fishery. The Gulf acquisition, protection, restoration, or
performing the non-exclusive functions and Council has already started working on construction projects. The required
duties of the Assistant Secretary for a fishery management plan amendment information enables NOAA to
Enforcement and Compliance. to address the results of this stock implement the CELCP, under its current
[FR Doc. 2018–25516 Filed 11–21–18; 8:45 am] assessment. or future authorization, and facilitate
BILLING CODE 3510–DS–P
NMFS has determined that thorny the review of similar projects under
skate is still overfished. A stock status different, but related, authorities.
update was completed for this stock in
This includes projects funded
DEPARTMENT OF COMMERCE 2018, using data through 2017. The
through:
update supports a determination that
National Oceanic and Atmospheric the stock remains overfished because • The Coastal and Estuarine Land
Administration the three-year average biomass index Conservation Program (CZMA Section
(B2015–2017), 0.285kg/tow, is below the 307A) to protect important coastal and
RIN 0648–XG533 estuarine areas that have significant
biomass threshold, 2.06 kg/tow. Thorny
skate is currently in year 15 of a 25-year conservation, recreation, ecological,
Determination of Overfishing or an historical, or aesthetic values, or that are
Overfished Condition rebuilding plan that was implemented
in 2003. NMFS continues to work with threatened by conversion, and
AGENCY: National Marine Fisheries the New England Fishery Management procedures for eligible applicants who
Service (NMFS), National Oceanic and Council to rebuild this stock. choose to participate in the program to
Atmospheric Administration (NOAA), use when developing state conservation
Dated: November 19, 2018.
Commerce. plans, proposing or soliciting projects
Karen H. Abrams, under this program, applying for funds,
ACTION: Notice. Acting Director, Office of Sustainable and carrying out projects under this
Fisheries, National Marine Fisheries Service. program in a manner that is consistent
SUMMARY: This action serves as a notice
[FR Doc. 2018–25558 Filed 11–21–18; 8:45 am] with the purposes of the program
that NMFS, on behalf of the Secretary of
Commerce (Secretary), has found that BILLING CODE 3510–22–P pursuant to program guidelines which
the following stocks are subject to can be found on NOAA’s website at:
overfishing or overfished. Gulf of www.coast.noaa.gov/czm/
DEPARTMENT OF COMMERCE landconservation/ or may be obtained
Mexico gray snapper is now subject to
overfishing. Thorny skate is still upon request via the contact
National Oceanic and Atmospheric
overfished. NMFS, on behalf of the information listed above;
Administration
Secretary, notifies the appropriate • the National Estuarine Research
regional fishery management council Submission for OMB Review; Reserve System (CZMA Section 315)
(Council) whenever it determines that Comment Request Land Acquisition and Construction
overfishing is occurring, a stock is in an program;
The Department of Commerce will
overfished condition or a stock is • the Coastal Zone Management
approaching an overfished condition. submit to the Office of Management and
Program’s low-cost acquisition and
Budget (OMB) for clearance the
FOR FURTHER INFORMATION CONTACT: construction program (CZMA Section
following proposal for collection of
Regina Spallone, (301) 427–8568. 306A); or the
information under the provisions of the
SUPPLEMENTARY INFORMATION: Pursuant Paperwork Reduction Act (44 U.S.C. • Fish and Wildlife Coordination Act.
to section 304(e)(2) of the Magnuson- Chapter 35). Affected Public: State, local or tribal
Stevens Fishery Conservation and Agency: National Oceanic and government; not-for-profit institutions.
Management Act (Magnuson-Stevens Atmospheric Administration (NOAA). Frequency: One time and semi-
Act), 16 U.S.C. 1854(e)(2), NMFS, on Title: Coastal and Estuarine Land annually.
behalf of the Secretary, must notify Conservation, Planning, Protection, or
Councils, and publish in the Federal Respondent’s Obligation: Required to
Restoration.
Register, whenever it determines that a obtain or retain benefits.
OMB Control Number: 0648–0459.
stock or stock complex is subject to Form Number(s): None. This information collection request
overfishing, overfished, or approaching Type of Request: Regular (extension of may be viewed at reginfo.gov. Follow
an overfished condition. a currently approved information the instructions to view Department of
NMFS has determined that the Gulf of collection). Commerce collections currently under
amozie on DSK3GDR082PROD with NOTICES1
Mexico stock of gray snapper is now Number of Respondents: 51. review by OMB.
subject to overfishing. The most recent Average Hours per Response:: CELCP Written comments and
benchmark assessment for this stock Plans, 120 hours to develop, 35 hours to recommendations for the proposed
was finalized in 2018, using data revise or update; project application and information collection should be sent
through 2015. The assessment supports checklist, 20 hours; semi-annual and within 30 days of publication of this
a determination that the stock is subject annual reporting, 5 hours each. notice to OIRA_Submission@
to overfishing because the current Burden Hours: 1,410. omb.eop.gov or fax to (202) 395–5806.
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Document Created: 2018-11-27 12:58:31
Document Modified: 2018-11-27 12:58:31
| 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 | 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 | 83 FR 59360 |
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