Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Revocation of the Antidumping Duty Order on Diamond Sawblades and Parts Thereof From the Republic of Korea, 66892-66893 [2011-27971]
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66892
Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–855]
Notice of Implementation of
Determination Under Section 129 of
the Uruguay Round Agreements Act
and Revocation of the Antidumping
Duty Order on Diamond Sawblades
and Parts Thereof From the Republic
of Korea
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
On May 13, 2011, the U.S.
Trade Representative (‘‘USTR’’)
instructed the Department of Commerce
(‘‘Department’’) to issue a determination
not inconsistent with the World Trade
Organization’s decision in United
States—Use of Zeroing in Anti-Dumping
Measures Involving Products from Korea
regarding the investigation of diamond
sawblades and parts thereof (‘‘Diamond
Sawblades’’) from the Republic of Korea
(‘‘Korea’’). The Department issued its
determination on October 4, 2011. The
Department is now implementing this
determination.
SUMMARY:
DATES:
Effective Date: October 24, 2011.
FOR FURTHER INFORMATION CONTACT:
David Layton or Yasmin Nair, AD/CVD
Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0371, or (202)
482–3813, respectively.
SUPPLEMENTARY INFORMATION:
sroberts on DSK5SPTVN1PROD with NOTICES
Background
On July 20, 2011, the Department
informed interested parties that it was
initiating a proceeding under section
129 of the Uruguay Round Agreements
Act (‘‘URAA’’) to implement the
findings of the World Trade
Organization (‘‘WTO’’) dispute
settlement panel in United States—Use
of Zeroing in Anti-Dumping Measures
Involving Products from Korea (WT/
DS402/R) (January 18, 2011). On July
20, 2011, the Department issued the
memorandum entitled ‘‘Preliminary
Results Under Section 129 of the
Uruguay Round Agreements Act:
Antidumping Measures on Diamond
Sawblades and Parts Thereof from the
Republic of Korea’’ (‘‘Preliminary
Results’’) in which it recalculated the
weighted-average dumping margins
from the antidumping investigation of
VerDate Mar<15>2010
16:56 Oct 27, 2011
Jkt 226001
Diamond Sawblades from Korea 1 by
applying the calculation methodology
described in Antidumping Proceedings:
Calculation of the Weighted-Average
Dumping Margin During an
Antidumping Investigation; Final
Modification, 71 FR 77722 (December
27, 2006).
The Department invited interested
parties to comment on the Preliminary
Results. After receiving comments and
rebuttal comments from the interested
parties, the Department issued its final
results for the section 129 determination
on October 4, 2011. See the October 4,
2011 memorandum entitled, ‘‘Issues and
Decision Memorandum for the Final
Results of the Proceeding Under Section
129 of the Uruguay Round Agreements
Act: Antidumping Measures on
Diamond Sawblades and Parts Thereof
from the Republic of Korea’’ (‘‘Issues
and Decision Memorandum’’).
In its October 24, 2011 letter, USTR
notified the Department that, consistent
with section 129(b)(3) of the URAA,
consultations with the Department and
the appropriate congressional
committees with respect to the October
4, 2011 determination have been
completed. Thus, USTR directed the
Department to implement this
determination, in accordance with
section 129(b)(4) of the URAA.
Nature of the Proceeding
Section 129 of the URAA governs the
nature and effect of determinations
issued by the Department to implement
findings by WTO dispute settlement
panels and the Appellate Body.
Specifically, section 129(b)(2) of the
URAA provides that, ‘‘notwithstanding
any provision of the Tariff Act of 1930,’’
within 180 days of a written request
from the USTR, the Department shall
issue a determination that would render
its actions not inconsistent with an
adverse finding of a WTO panel or the
Appellate Body report. See 19 USC
3538(b)(2). The Statement of
Administrative Action, URAA, H. Doc.
316, Vol. 1, 103d Cong. (1994) (‘‘SAA’’),
variously refers to such a determination
by the Department as a ‘‘new,’’
‘‘second,’’ and ‘‘different’’
determination. See SAA at 1025, 1027.
After consulting with the Department
and the appropriate congressional
committees, USTR may direct the
1 See Notice of Final Determination of Sales at
Less Than Fair Value and Final Determination of
Critical Circumstances: Diamond Sawblades and
Parts Thereof from the Republic of Korea, 71 FR
29310 (May 22, 2006), as amended by Amended
Final Determination of Sales at Less Than Fair
Value: Diamond Sawblades and Parts Thereof From
the Republic of Korea, 75 FR 14126 (March 24,
2010).
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Frm 00002
Fmt 4703
Sfmt 4703
Department to implement, in whole or
in part, the new determination made
under section 129 of the URAA. See 19
USC 3538(b)(4). Pursuant to section
129(c) of the URAA, the new
determination shall apply with respect
to unliquidated entries of subject
merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after the date on
which USTR directs the Department to
implement the new determination. See
19 USC 3538(c). The new determination
is subject to judicial review separate and
apart from judicial review of the
Department’s original determination.
See 19 USC 1516a(a)(2)(B)(vii).
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs submitted by interested
parties to this proceeding are addressed
in the Issues and Decision
Memorandum dated October 4, 2011,
which is hereby adopted by this notice.
A list of the issues raised is attached to
this notice as Appendix I. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). Access to IA ACCESS is
available in the Central Records Unit
(CRU), room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/ia/. The signed
Issues and Decision Memorandum and
the electronic versions of the Issues and
Decision Memorandum are identical in
content.
Final Antidumping Duty Margins
The recalculated margins, unchanged
from the Preliminary Results, are as
follows:
• The margin for Ehwa Diamond
Industrial Co., Ltd. decreases from 8.80
percent to zero.
• The margin for Shinhan Diamond
Industrial Co. decreases from 16.88
percent to zero.
• The margin for Hyosung Diamond
Industrial Co. decreases from 6.43
percent to zero.
• Because the changes to the margin
calculations result in no margins for the
three mandatory respondents, the All
Others rate decreases from 11.10 percent
to zero.
Revocation of the Antidumping Duty
Order
As a result of the recalculations, all of
the dumping margins are now zero.
Accordingly, the Department is now
E:\FR\FM\28OCN1.SGM
28OCN1
Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Notices
revoking this order effective October 24,
2011, the date upon which USTR
directed the Department to implement
its final results.
We will instruct U.S. Customs and
Border Protection to liquidate, without
regard to antidumping duties, all entries
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after October 24,
2011 (the effective date), and to
discontinue collection of cash deposits
of antidumping duties.2
This determination is issued and
published in accordance with section
129(c)(2)(A) of the URAA.
Dated: October 24, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
Issues raised in the Issues and Decision
Memorandum.
Comment 1: Whether the Department of
Commerce has the authority to revoke the
antidumping duty order.
Comment 2: Whether the Department
should reset the cash deposit rates to zero in
lieu of revocation.
[FR Doc. 2011–27971 Filed 10–27–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–502, A–549–502, and A–489–501]
Certain Circular Welded Carbon Steel
Pipes and Tubes From India, Thailand,
and Turkey; Final Results of Expedited
Five-Year (‘‘Sunset’’) Reviews of
Antidumping Duty Orders
Import Administration,
International Trade Administration,
Department Commerce.
SUMMARY: On July 1, 2011, the
Department of Commerce (‘‘the
Department’’) initiated the third sunset
reviews of the antidumping duty orders
on certain circular welded carbon steel
pipes and tubes from India, Thailand,
and Turkey, pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(‘‘the Act’’). On the basis of a notice of
intent to participate and adequate
sroberts on DSK5SPTVN1PROD with NOTICES
AGENCY:
2 Pursuant to a Temporary Restraining Order
issued by the U.S. Court of International Trade on
October 13, 2011, the Department of Commerce and
U.S. Customs and Border Protection are restrained
from lifting the suspension of liquidation on
unliquidated entries of diamond sawblades and
parts thereof from the Republic of Korea. Pursuant
to this Federal Register notice, future entries of
such merchandise are subject to suspension of
liquidation at the cash deposit rate of zero. Changes
to the suspension of liquidation will be consistent
with the Court’s final ruling.
VerDate Mar<15>2010
16:56 Oct 27, 2011
Jkt 226001
substantive responses filed on behalf of
the domestic interested parties and
inadequate response from respondent
interested parties, the Department has
conducted expedited sunset reviews of
these antidumping duty orders. As a
result of these sunset reviews, the
Department finds that revocation of the
antidumping duty orders would likely
lead to continuation or recurrence of
dumping at the level indicated in the
‘‘Final Results of Reviews’’ section of
this notice.
DATES: Effective Date: October 28, 2011.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure, Antidumping/
Countervailing Duty Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–5973.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to section 736 of the Act, the
Department published in the Federal
Register the antidumping duty orders
on certain circular welded carbon steel
pipes and tubes from India, Thailand,
and Turkey. See Antidumping Duty
Order; Certain Welded Carbon Steel
Standard Pipes and Tubes from India,
51 FR 17384 (May 12, 1986);
Antidumping Duty Order; Circular
Welded Carbon Steel Pipes and Tubes
From Thailand, 51 FR 8341 (March 11,
1986); and Antidumping Duty Order;
Welded Carbon Steel Standard Pipe and
Tube Products From Turkey, 51 FR
17784 (May 15, 1986).
On July 1, 2011, the Department
published a notice of initiation of the
third sunset reviews of the antidumping
duty orders on certain circular welded
carbon steel pipes and tubes from India,
Thailand, and Turkey, pursuant to
section 751(c) of the Act. See Initiation
of Five-Year (‘‘Sunset’’) Review, 76 FR
38613 (July 1, 2011).
For each of these sunset reviews, the
Department received notice of intent to
participate from Allied Tube and
Conduit, JMC Steel Group, Leavitt Tube,
Northwest Pipe Company, TMK IPSCO
Tubulars, U.S. Steel Corporation, and
Western Tube and Conduit,
(collectively, ‘‘the domestic interested
parties’’) within the deadline specified
in 19 CFR 351.218(d)(1)(i). In addition,
Wheatland Tube Company
(‘‘Wheatland’’) filed an entry of
appearance and also requested
recognition as a domestic interested
party. The domestic interested parties
claim interested party status under
section 771(9)(C) of the Act as U.S.
producers of the subject merchandise.
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Fmt 4703
Sfmt 4703
66893
On July 4, 2011, the Government of
Turkey filed an entry of appearance as
an interested party for the Turkish
proceeding. On July 5, 2011, the
Government of Turkey requested the
Department to extend the 30-day
deadline for filing its substantive
response as specified in 19 CFR
351.218(d)(3)(i). On July 7, 2011, Saha
Thai Steel Pipe (Public) Company, Ltd.
(‘‘Saha Thai’’), a Thai producer and
exporter, entered an appearance as a
respondent interested party. On August
10, 2011, the Department extended the
deadline to file a substantive response
until August 10, 2011.
On July 29, August 1, and 10, 2011,
we received complete substantive
responses from the domestic interested
parties within the extended deadline
established by the Department.
Wheatland Tube Company did not file
a substantive response. Saha Thai did
not file a substantive response. On
August 9, 2011, the Government of
Turkey submitted a substantive
response within the extended deadline.1
On August 17, 2011, we received
rebuttal comments to the Government of
Turkey’s substantive response from U.S.
Steel Corporation. We received no other
substantive responses from respondent
interested parties on the three
antidumping duty orders currently
under review and, therefore, did not
have adequate respondent interested
party participation pursuant to 19 CFR
351.218(e)(1)(ii)(A).
Based on these circumstances,
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
the Department has conducted
expedited sunset reviews of these
antidumping duty orders.
Scope of the Antidumping Duty Orders
See Appendix 1.
Analysis of Comments Received
All issues raised in these cases are
addressed in the Issues and Decision
Memorandum for the Final Results of
Expedited Five-Year (Sunset) Reviews
of the Antidumping Duty Orders on
Certain Circular Welded Carbon Steel
Pipes and Tubes from India, Thailand,
and Turkey from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration (‘‘Decision Memo’’),
dated concurrent with this final notice,
which is hereby adopted by this notice.
The issues discussed in the Decision
Memo include the likelihood of
1 The Government of Turkey did not claim to
have exported subject merchandise.
E:\FR\FM\28OCN1.SGM
28OCN1
]]>Agencies
[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Notices]
[Pages 66892-66893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27971]
[[Page 66892]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-855]
Notice of Implementation of Determination Under Section 129 of
the Uruguay Round Agreements Act and Revocation of the Antidumping Duty
Order on Diamond Sawblades and Parts Thereof From the Republic of Korea
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 13, 2011, the U.S. Trade Representative (``USTR'')
instructed the Department of Commerce (``Department'') to issue a
determination not inconsistent with the World Trade Organization's
decision in United States--Use of Zeroing in Anti-Dumping Measures
Involving Products from Korea regarding the investigation of diamond
sawblades and parts thereof (``Diamond Sawblades'') from the Republic
of Korea (``Korea''). The Department issued its determination on
October 4, 2011. The Department is now implementing this determination.
DATES: Effective Date: October 24, 2011.
FOR FURTHER INFORMATION CONTACT: David Layton or Yasmin Nair, AD/CVD
Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0371, or (202) 482-3813, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 20, 2011, the Department informed interested parties that
it was initiating a proceeding under section 129 of the Uruguay Round
Agreements Act (``URAA'') to implement the findings of the World Trade
Organization (``WTO'') dispute settlement panel in United States--Use
of Zeroing in Anti-Dumping Measures Involving Products from Korea (WT/
DS402/R) (January 18, 2011). On July 20, 2011, the Department issued
the memorandum entitled ``Preliminary Results Under Section 129 of the
Uruguay Round Agreements Act: Antidumping Measures on Diamond Sawblades
and Parts Thereof from the Republic of Korea'' (``Preliminary
Results'') in which it recalculated the weighted-average dumping
margins from the antidumping investigation of Diamond Sawblades from
Korea \1\ by applying the calculation methodology described in
Antidumping Proceedings: Calculation of the Weighted-Average Dumping
Margin During an Antidumping Investigation; Final Modification, 71 FR
77722 (December 27, 2006).
---------------------------------------------------------------------------
\1\ See Notice of Final Determination of Sales at Less Than Fair
Value and Final Determination of Critical Circumstances: Diamond
Sawblades and Parts Thereof from the Republic of Korea, 71 FR 29310
(May 22, 2006), as amended by Amended Final Determination of Sales
at Less Than Fair Value: Diamond Sawblades and Parts Thereof From
the Republic of Korea, 75 FR 14126 (March 24, 2010).
---------------------------------------------------------------------------
The Department invited interested parties to comment on the
Preliminary Results. After receiving comments and rebuttal comments
from the interested parties, the Department issued its final results
for the section 129 determination on October 4, 2011. See the October
4, 2011 memorandum entitled, ``Issues and Decision Memorandum for the
Final Results of the Proceeding Under Section 129 of the Uruguay Round
Agreements Act: Antidumping Measures on Diamond Sawblades and Parts
Thereof from the Republic of Korea'' (``Issues and Decision
Memorandum'').
In its October 24, 2011 letter, USTR notified the Department that,
consistent with section 129(b)(3) of the URAA, consultations with the
Department and the appropriate congressional committees with respect to
the October 4, 2011 determination have been completed. Thus, USTR
directed the Department to implement this determination, in accordance
with section 129(b)(4) of the URAA.
Nature of the Proceeding
Section 129 of the URAA governs the nature and effect of
determinations issued by the Department to implement findings by WTO
dispute settlement panels and the Appellate Body. Specifically, section
129(b)(2) of the URAA provides that, ``notwithstanding any provision of
the Tariff Act of 1930,'' within 180 days of a written request from the
USTR, the Department shall issue a determination that would render its
actions not inconsistent with an adverse finding of a WTO panel or the
Appellate Body report. See 19 USC 3538(b)(2). The Statement of
Administrative Action, URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994)
(``SAA''), variously refers to such a determination by the Department
as a ``new,'' ``second,'' and ``different'' determination. See SAA at
1025, 1027. After consulting with the Department and the appropriate
congressional committees, USTR may direct the Department to implement,
in whole or in part, the new determination made under section 129 of
the URAA. See 19 USC 3538(b)(4). Pursuant to section 129(c) of the
URAA, the new determination shall apply with respect to unliquidated
entries of subject merchandise that are entered, or withdrawn from
warehouse, for consumption on or after the date on which USTR directs
the Department to implement the new determination. See 19 USC 3538(c).
The new determination is subject to judicial review separate and apart
from judicial review of the Department's original determination. See 19
USC 1516a(a)(2)(B)(vii).
Analysis of Comments Received
The issues raised in the case and rebuttal briefs submitted by
interested parties to this proceeding are addressed in the Issues and
Decision Memorandum dated October 4, 2011, which is hereby adopted by
this notice. A list of the issues raised is attached to this notice as
Appendix I. The Issues and Decision Memorandum is a public document and
is on file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
Access to IA ACCESS is available in the Central Records Unit (CRU),
room 7046 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the internet at https://www.trade.gov/ia/. The signed Issues
and Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
Final Antidumping Duty Margins
The recalculated margins, unchanged from the Preliminary Results,
are as follows:
The margin for Ehwa Diamond Industrial Co., Ltd. decreases
from 8.80 percent to zero.
The margin for Shinhan Diamond Industrial Co. decreases
from 16.88 percent to zero.
The margin for Hyosung Diamond Industrial Co. decreases
from 6.43 percent to zero.
Because the changes to the margin calculations result in
no margins for the three mandatory respondents, the All Others rate
decreases from 11.10 percent to zero.
Revocation of the Antidumping Duty Order
As a result of the recalculations, all of the dumping margins are
now zero. Accordingly, the Department is now
[[Page 66893]]
revoking this order effective October 24, 2011, the date upon which
USTR directed the Department to implement its final results.
We will instruct U.S. Customs and Border Protection to liquidate,
without regard to antidumping duties, all entries of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after October 24, 2011 (the effective date), and to discontinue
collection of cash deposits of antidumping duties.\2\
---------------------------------------------------------------------------
\2\ Pursuant to a Temporary Restraining Order issued by the U.S.
Court of International Trade on October 13, 2011, the Department of
Commerce and U.S. Customs and Border Protection are restrained from
lifting the suspension of liquidation on unliquidated entries of
diamond sawblades and parts thereof from the Republic of Korea.
Pursuant to this Federal Register notice, future entries of such
merchandise are subject to suspension of liquidation at the cash
deposit rate of zero. Changes to the suspension of liquidation will
be consistent with the Court's final ruling.
---------------------------------------------------------------------------
This determination is issued and published in accordance with
section 129(c)(2)(A) of the URAA.
Dated: October 24, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Issues raised in the Issues and Decision Memorandum.
Comment 1: Whether the Department of Commerce has the authority
to revoke the antidumping duty order.
Comment 2: Whether the Department should reset the cash deposit
rates to zero in lieu of revocation.
[FR Doc. 2011-27971 Filed 10-27-11; 8:45 am]
BILLING CODE 3510-DS-P
