Certain Oil Country Tubular Goods From India: Notice of Correction to the Amended Final Determination and Amendment of the Antidumping Duty Order
The Department of Commerce (Commerce) is correcting the amended final antidumping duty determination and order for certain oil country tubular goods (OCTG) from India with respe...
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
( printed 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.
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
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:
GVN Fuels Limited, Maharashtra Seamless Limited and Jindal Pipes
Limited (collectively, GVN or GVN single entity)
1.07 (
de minimis)
0.00
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.
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:
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.
Footnotes
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).
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).
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).
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).
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.
Use this for formal legal and research references to the published document.
83 FR 59360
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Oil Country Tubular Goods From India: Notice of Correction to the Amended Final Determination and Amendment of the Antidumping Duty Order,” thefederalregister.org (November 23, 2018), https://thefederalregister.org/documents/2018-25516/certain-oil-country-tubular-goods-from-india-notice-of-correction-to-the-amended-final-determination-and-amendment-of-th.