Oil Country Tubular Goods, Other Than Drill Pipe, From Korea: Court Decision Not in Harmony With Final Results of Administrative Review, 5147-5148 [E9-1940]

Download as PDF Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Notices Contacts: Melissa Grosso, U.S. Commercial Service Middletown, Tel: 860–638– 6955, Melissa.Grosso@mail.doc.gov. Genard Burity, U.S. Commercial Service, Rio de Janeiro, Tel: 55–21– 3823–2401, Genard.Burity@mail.doc.gov. Daniele Andrews, U.S. Commercial Service, Brasilia , Tel: 55–61–312– 7458, Daniele.Andrews@mail.doc.gov, Sean Timmins, Global Trade Programs, Commercial Service Trade Missions Program. [FR Doc. E9–1866 Filed 1–28–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–825] rmajette on PRODPC74 with NOTICES Oil Country Tubular Goods, Other Than Drill Pipe, From Korea: Court Decision Not in Harmony With Final Results of Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 22, 2008, the United States Court of International Trade (CIT) sustained the Department of Commerce’s (the Department) results of redetermination pursuant to the CIT’s remand and entered final judgment in Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, Consol. Ct. No. 06–00075, Slip Op. 08–139 (CIT December 22, 2008) (Husteel v. United States II ). See Results of Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, dated August 29, 2008, and Results of Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, dated December 5, 2008 (available at http:// ia.ita.doc.gov/remands). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department is notifying the public that the final judgment in this case is not in harmony with the Department’s final results of the administrative review of the antidumping duty order on oil country tubular goods, other than drill pipe, from Korea covering the period of review (POR) of August 1, 2003 through July 31, 2004. See Oil Country Tubular Goods, Other Than Drill Pipe, from Korea: Final Results of Antidumping Duty Administrative Review, 71 FR 13091 (March 14, 2006) (Final Results). VerDate Nov<24>2008 15:25 Jan 28, 2009 Jkt 217001 DATES: Effective Date: December 22, 2008. FOR FURTHER INFORMATION CONTACT: Scott Lindsay, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–0780. SUPPLEMENTARY INFORMATION: Background On March 14, 2006, the Department issued its final results in the antidumping duty administrative review of oil country tubular goods, other than drill pipe, from Korea covering the POR of August 1, 2003 through July 31, 2004. See Final Results. In the Final Results, the Department found that the use of third country sales to a non-market economy (the People’s Republic of China (PRC), in this case) is inappropriate for determining normal value, because these sales are not representative. Id. As such, in calculating normal value for SeAH Steel Corp. Ltd. (SeAH), the Department used SeAH’s third country sales to Canada, and in calculating normal value for Husteel Co. Ltd. (Husteel), the Department utilized constructed value. Therefore, SeAH was assigned a rate of 6.84 percent, and Husteel was assigned a rate of 12.30 percent. Id. In Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, Consol. Ct. No. 06–00075, Slip Op. 08–62 (CIT June 2, 2008) (Husteel v. United States I), the CIT remanded the Final Results, holding that the Department’s finding that sales into a non-market economy are not representative was not supported by substantial record evidence. The CIT directed the Department to either present persuasive record evidence that SeAH’s and Husteel’s sales into the PRC were not representative within the meaning of 19 U.S.C. 1677b(a)(1)(B)(ii)(I), or find the sales into the PRC to be representative, and then recalculate and assign SeAH and Husteel new antidumping duty assessment rates. On August 29, 2008, the Department issued its final results of redetermination pursuant to Husteel v. United States I. See Results of Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States (August 29, 2008) (Remand Results). The remand redetermination explained that, in accordance with the CIT’s instructions, after finding sales to the PRC to be representative, the Department recalculated the assessment rate for SeAH and Husteel. Specifically, the PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 5147 Department determined SeAH’s new weighted-average margin to be 0.59 percent, and Husteel’s new weightedaverage margin to be 0.62 percent. However, in the Remand Results, the Department inadvertently treated certain Korean inventory carrying costs as if they were denominated in U.S. dollars when they, in fact, had been denominated in Korean won. Therefore, in Husteel Company Ltd. and SeAH Corp. Ltd., v. United States, Consol. Ct. No. 06–000075, Slip Op. 08–127 (CIT November 21, 2008), the CIT upheld the Department’s Remand Results, with the exception of the calculation of certain inventory carrying costs. The CIT ordered the Department to correct its calculation of Husteel’s Korean inventory carrying costs. In accordance with the CIT’s order, the Department corrected its calculation with regard to Husteel’s Korean inventory carrying costs. See Results of Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States (December 5, 2008). As a result, Husteel’s new dumping margin is now de minimis , and SeAH’s margin remains 0.59 percent. Timken Notice In its decision in Timken, 893 F.2d at 341, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s decision in Husteel vs. United States II, on December 22, 2008, constitutes a final decision of that court that is not in harmony with the Department’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department 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. In the event the CIT’s ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on entries of the subject merchandise during the POR from Husteel and SeAH based on the revised assessment rates calculated by the Department. This notice is issued and published in accordance with section 516A(c)(1) of the Act. E:\FR\FM\29JAN1.SGM 29JAN1 5148 Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Notices Dated: January 21, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–1940 Filed 1–28–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Northeast Multispecies Days-at-Sea Leasing Program AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before March 30, 2009. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 7845, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Douglas Potts, National Marine Fisheries Service, (978) 281– 9341 or Douglas.Potts@noaa.gov). SUPPLEMENTARY INFORMATION: rmajette on PRODPC74 with NOTICES SUMMARY: I. Abstract A proposed emergency rule for the NE Multispecies Fishery Management Plan (FMP) was published in the Federal Register on April 24, 2003 (68 FR 200096). The emergency rule was used to continue management measures specified in the Settlement Agreement Among Certain Parties, which were implemented as ordered by the U.S. District Court for the District of Columbia (Court) in a Remedial Order issued on May 23, 2002. The emergency rule included several management measures designed to reduce overfishing on species managed under the NE Multispecies FMP, including a Days-AtSea (DAS) Leasing Program, and was published in order to continue the measures until the implementation of VerDate Nov<24>2008 15:25 Jan 28, 2009 Jkt 217001 Amendment 13 to the NE Multispecies FMP. The final rule, RIN 0648–AN17, for implementing Amendment 13 to the NE Multispecies FMP, was published in the Federal Register on April 27, 2004 (69 FR 22906). Amendment 13 was developed by the New England Fishery Management Council (Council) primarily to end overfishing on all groundfish stocks and to rebuild all groundfish stocks that are overfished. Amendment 13 included substantial reductions in the amount of effort available to target groundfish stocks. Therefore, Amendment 13 resulted in considerable reductions in the number of DAS for NE multispecies vessels. The reduction in the DAS allocated to NE multispecies permit holders limited the ability of some vessels to participate in the fishery, resulting in a loss of revenue and/or the ability to operate at a profit. In order to mitigate some of the adverse economic impacts of the effort reductions, the DAS Leasing Program was established by the Council, among other provisions, in Amendment 13. The DAS Leasing Program enables vessels to increase their revenue by either leasing additional DAS from another vessel or using them to increase their participation in the fishery, or by leasing their allocated DAS that they may not use to another vessel. II. Method of Collection Applications will be submitted by mail. III. Data OMB Control Number: 0648–0475. Form Number: None. Type of Review: Regular submission. Affected Public: Business or other forprofit organizations. Estimated Number of Respondents: 1,400. Estimated Time per Response: 5 minutes. Estimated Total Annual Burden Hours: 583. Estimated Total Annual Cost to Public: $1,158. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: January 26, 2009. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E9–1947 Filed 1–28–09; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD–2009–OS–0011] Proposed Collection; Comment Request AGENCY: Office of the Assistant Secretary of Defense (Networks and Information Integration)/DoD Chief Information Officer. DoD. ACTION: Notice. In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense (Networks and Information Integration)/ DoD Chief Information Officer announces a proposed new public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Consideration will be given to all comments received by March 30, 2009. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301–1160. Instructions: All submissions received must include the agency name, docket E:\FR\FM\29JAN1.SGM 29JAN1

Agencies

[Federal Register Volume 74, Number 18 (Thursday, January 29, 2009)]
[Notices]
[Pages 5147-5148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1940]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-825]


Oil Country Tubular Goods, Other Than Drill Pipe, From Korea: 
Court Decision Not in Harmony With Final Results of Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On December 22, 2008, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (the Department) 
results of redetermination pursuant to the CIT's remand and entered 
final judgment in Husteel Company, Ltd., and SeAH Corp., Ltd., v. 
United States, Consol. Ct. No. 06-00075, Slip Op. 08-139 (CIT December 
22, 2008) (Husteel v. United States II ). See Results of 
Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH 
Corp., Ltd., v. United States, dated August 29, 2008, and Results of 
Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH 
Corp., Ltd., v. United States, dated December 5, 2008 (available at 
http://ia.ita.doc.gov/remands). Consistent with the decision of the 
United States Court of Appeals for the Federal Circuit (CAFC) in Timken 
Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the 
Department is notifying the public that the final judgment in this case 
is not in harmony with the Department's final results of the 
administrative review of the antidumping duty order on oil country 
tubular goods, other than drill pipe, from Korea covering the period of 
review (POR) of August 1, 2003 through July 31, 2004. See Oil Country 
Tubular Goods, Other Than Drill Pipe, from Korea: Final Results of 
Antidumping Duty Administrative Review, 71 FR 13091 (March 14, 2006) 
(Final Results).

DATES: Effective Date: December 22, 2008.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-0780.

SUPPLEMENTARY INFORMATION: 

Background

    On March 14, 2006, the Department issued its final results in the 
antidumping duty administrative review of oil country tubular goods, 
other than drill pipe, from Korea covering the POR of August 1, 2003 
through July 31, 2004. See Final Results. In the Final Results, the 
Department found that the use of third country sales to a non-market 
economy (the People's Republic of China (PRC), in this case) is 
inappropriate for determining normal value, because these sales are not 
representative. Id. As such, in calculating normal value for SeAH Steel 
Corp. Ltd. (SeAH), the Department used SeAH's third country sales to 
Canada, and in calculating normal value for Husteel Co. Ltd. (Husteel), 
the Department utilized constructed value. Therefore, SeAH was assigned 
a rate of 6.84 percent, and Husteel was assigned a rate of 12.30 
percent. Id.
    In Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, 
Consol. Ct. No. 06-00075, Slip Op. 08-62 (CIT June 2, 2008) (Husteel v. 
United States I), the CIT remanded the Final Results, holding that the 
Department's finding that sales into a non-market economy are not 
representative was not supported by substantial record evidence. The 
CIT directed the Department to either present persuasive record 
evidence that SeAH's and Husteel's sales into the PRC were not 
representative within the meaning of 19 U.S.C. 1677b(a)(1)(B)(ii)(I), 
or find the sales into the PRC to be representative, and then 
recalculate and assign SeAH and Husteel new antidumping duty assessment 
rates. On August 29, 2008, the Department issued its final results of 
redetermination pursuant to Husteel v. United States I. See Results of 
Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH 
Corp., Ltd., v. United States (August 29, 2008) (Remand Results). The 
remand redetermination explained that, in accordance with the CIT's 
instructions, after finding sales to the PRC to be representative, the 
Department recalculated the assessment rate for SeAH and Husteel. 
Specifically, the Department determined SeAH's new weighted-average 
margin to be 0.59 percent, and Husteel's new weighted-average margin to 
be 0.62 percent.
    However, in the Remand Results, the Department inadvertently 
treated certain Korean inventory carrying costs as if they were 
denominated in U.S. dollars when they, in fact, had been denominated in 
Korean won. Therefore, in Husteel Company Ltd. and SeAH Corp. Ltd., v. 
United States, Consol. Ct. No. 06-000075, Slip Op. 08-127 (CIT November 
21, 2008), the CIT upheld the Department's Remand Results, with the 
exception of the calculation of certain inventory carrying costs. The 
CIT ordered the Department to correct its calculation of Husteel's 
Korean inventory carrying costs. In accordance with the CIT's order, 
the Department corrected its calculation with regard to Husteel's 
Korean inventory carrying costs. See Results of Redetermination on 
Remand Pursuant to Husteel Company, Ltd., and SeAH Corp., Ltd., v. 
United States (December 5, 2008). As a result, Husteel's new dumping 
margin is now de minimis , and SeAH's margin remains 0.59 percent.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, the CAFC held that, 
pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the 
Act), the Department must publish a notice of a court decision that is 
not ``in harmony'' with a Department determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's decision in Husteel vs. United States II, on December 22, 2008, 
constitutes a final decision of that court that is not in harmony with 
the Department's Final Results. This notice is published in fulfillment 
of the publication requirements of Timken. Accordingly, the Department 
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. In the event the CIT's ruling is 
not appealed or, if appealed, upheld by the CAFC, the Department will 
instruct U.S. Customs and Border Protection to assess antidumping 
duties on entries of the subject merchandise during the POR from 
Husteel and SeAH based on the revised assessment rates calculated by 
the Department.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.


[[Page 5148]]


    Dated: January 21, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-1940 Filed 1-28-09; 8:45 am]
BILLING CODE 3510-DS-P