Drill Pipe From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value and Notice of Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision, 69647-69648 [2013-27829]

Download as PDF Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Notices FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Myrna Lobo, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5255 or 482–2371, respectively. SUPPLEMENTARY INFORMATION: Background On July 1, 2013, the Department initiated the first sunset review of the CVD order on sodium nitrite from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’).1 The Department received a notice of intent to participate from General Chemical LLC, (‘‘Petitioner’’), within the deadline specified in 19 CFR 351.218(d)(1)(i). The Department also received an adequate substantive response to the notice of initiation from domestic interested parties, i.e., Petitioner, within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not receive submissions from other interested parties. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department is conducting an expedited (120-day) sunset review of the CVD Order. As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.2 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. tkelley on DSK3SPTVN1PROD with NOTICES Scope of the Order The merchandise covered by this order is sodium nitrite in any form, at any purity level. A full description of the scope of the order is contained in the Decision Memorandum.3 The Decision Memorandum is a public document and is on file 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 78 FR 39256 (July 1, 2013); see also Sodium Nitrite from the People’s Republic of China: Countervailing Duty Order, 73 FR 50595 (August 27, 2008) (‘‘CVD Order’’). 2 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government.’’ 3 See ‘‘Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Sodium Nitrite from the People’s Republic of China,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, dated concurrently with and hereby adopted by this notice (‘‘Decision Memorandum’’). VerDate Mar<15>2010 16:04 Nov 19, 2013 Jkt 232001 electronically via Enforcement and Compliance’s centralized electronic service system (‘‘IA ACCESS’’). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Department’s Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/index.html. The signed Decision Memorandum and the electronic versions of the Decision Memorandum are identical in content. 69647 Dated: November 13, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2013–27828 Filed 11–19–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–965] Analysis of Comments Received All issues raised in this review are addressed in the Decision Memorandum. The issues include the likelihood of continuation or recurrence of a countervailable subsidy, and the net countervailable subsidy likely to prevail if the order was revoked. Drill Pipe From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value and Notice of Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision AGENCY: Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce SUMMARY: On November 4, 2013, the Final Results of Review United States Court of International Trade (‘‘Court’’ or ‘‘CIT’’) issued its final Pursuant to sections 752(b)(1) and (3) judgment in Downhole Pipe v. United of the Act, the Department determines States,1 sustaining the Department of that revocation of the CVD order on Commerce’s (Department) Remand sodium nitrite from the PRC would be Results.2 Consistent with the decision of likely to lead to continuation or the United States Court of Appeals for recurrence of countervailable subsidies the Federal Circuit (‘‘Federal Circuit’’) at the following net countervailable in Timken Co., v. United States, 893 subsidy rates: F.2d 337 (Fed. Cir. 1990) (‘‘Timken’’), as clarified by Diamond Sawblades Mfrs. Net Manufacturers/exporters/ countervailable Coalition v. United States, 626 F.3d producers subsidy rate 1374 (Fed. Cir. 2010) (‘‘Diamond (percent) Sawblades’’), the Department is notifying the public that the final CIT Shanxi Jiaocheng Hongxing judgment in this case is not in harmony Chemical Co., Ltd. (Shanxi Jiaocheng) ........................ 169.01 with the Department’s Final Determination 3 and is amending the Tianjin Soda Plant Tianjin Final Determination with respect to the Port Free Trade Zone Pan surrogate values (‘‘SV’’) for drill pipe Bohai International Trading Co., Ltd. (Tianjin Soda green tubes and the labor wage rate in Plant) ................................. 169.01 the less-than-fair-value investigation. All others .............................. 169.01 DATES: Effective Date: November 14, 2013. This notice also serves as the only FOR FURTHER INFORMATION CONTACT: reminder to parties subject to Alexander Montoro, AD/CVD administrative protective order (‘‘APO’’) Operations, Office V, Enforcement and of their responsibility concerning the Compliance, International Trade return or destruction of proprietary information disclosed under APO in 1 Downhole Pipe & Equipment, LP, and DP-Master accordance with 19 CFR 351.305. Manufacturing Co., Ltd., v. United States, and VAM Drilling USA, Texas Steel Conversion, Inc., Rotary Timely notification of the return or Drilling Tools, TMK IPSCO, and U.S. Steel Corp., destruction of APO materials or Court No. 1–00081, Slip Op. 13–134 (November 4, conversion to judicial protective orders 2013) (‘‘Downhole Pipe v. United States’’). 2 See Final Results of Redetermination Pursuant is hereby requested. Failure to comply to Court Remand: Drill Pipe from the People’s with the regulations and terms of an Republic of China Downhole Pipe & Equip LP, v. APO is a violation which is subject to United States, Court No. 11–00081, Slip op. 12–141 sanction. (CIT 2012), dated May 13, 2013 (‘‘Remand Results’’). The Department is issuing and 3 See Drill Pipe From the People’s Republic of publishing these final results and this China: Final Determination of Sales at Less Than notice in accordance with sections Fair Value and Critical Circumstances, 76 FR 1966 751(c), 752(b), and 777(i)(1) of the Act. (January 11, 2011) (‘‘Final Determination’’). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\20NON1.SGM 20NON1 69648 Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Notices Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0238. Dated: November 13, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. On May 13, 2013, the Department filed the Remand Results, in which the Department selected Indian imports under HTS 7304.59.20 as the SV for drill pipe green tube. In addition, the Department revised the labor wage rate and applied the wage rate methodology from Labor Methodologies.4 On November 4, 2013, the Court sustained the Department’s Remand Results.5 [FR Doc. 2013–27829 Filed 11–19–13; 8:45 am] SUPPLEMENTARY INFORMATION: Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the Federal Circuit has 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 not ‘‘in harmony’’ with a Department determination, and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The Court’s November 4, 2013, judgment constitutes a final decision of the Court that is not in harmony with the Department’s Final Determination. This notice is published in fulfillment of the publication requirement 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. Since the Final Determination, the Department has recalculated the normal values to reflect these changes and, as a result of this redetermination, the antidumping duty cash deposit rate for DP-Master Co. Ltd., is 149.36 percent. Amended Final Determination tkelley on DSK3SPTVN1PROD with NOTICES Because there is now a final court decision, we are amending the Final Determination. As a result of this redetermination, the antidumping duty cash deposit rate for DP-Master Co. Ltd., is 149.36 percent and we will instruct U.S. Customs and Border Protection accordingly. This notice is issued and published in accordance with sections 516A(e)(1), 735, and 777(i)(1) of the Act. 4 1 See Dorbest, Ltd. v. United States, 604 F.3d 1363, 1372 (Fed. Cir. 2010) (‘‘Dorbest’’); see also Antidumping Methodologies in Proceedings Involving Non-Market Economies: Valuing the Factor of Production: Labor, 76 FR 36092 (June 21, 2011) (‘‘Labor Methodologies’’). 5 See Downhole Pipe v. United States. VerDate Mar<15>2010 16:04 Nov 19, 2013 Jkt 232001 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Civil Nuclear Trade Advisory Committee (CINTAC) Meeting ITA, DOC. Notice of Federal Advisory Committee meeting. AGENCY: ACTION: This notice sets forth the schedule and proposed agenda for a meeting of the CINTAC. DATES: The meeting is scheduled for Wednesday, December 4, 2013, at 9:00 a.m. Eastern Standard Time (EST). The public session is from 3:00 p.m.–4:00 p.m. SUMMARY: The meeting will be held in Room 4830, U.S. Department of Commerce, Herbert Clark Hoover Building, 1401 Constitution Ave. NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Mr. David Kincaid, Office of Energy & Environmental Industries, ITA, Room 4053, 1401 Constitution Ave. NW., Washington, DC 20230. (Phone: 202– 482–1706; Fax: 202–482–5665; email: david.kincaid@trade.gov). SUPPLEMENTARY INFORMATION: Background: The CINTAC was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), in response to an identified need for consensus advice from U.S. industry to the U.S. Government regarding the development and administration of programs to expand United States exports of civil nuclear goods and services in accordance with applicable U.S. laws and regulations, including advice on how U.S. civil nuclear goods and services export policies, programs, and activities will affect the U.S. civil nuclear industry’s competitiveness and ability to participate in the international market. Topics to be considered: The agenda for the December 4, 2013 CINTAC meeting is as follows: Closed Session (9:00 a.m.–3:00 p.m.). 1. Discussion of matters determined to be exempt from the provisions of the Federal Advisory Committee Act relating to public meetings found in 5 U.S.C. App. (10)(a)(1) ADDRESSES: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 and 10(a)(3). Public Session (3:00 p.m.–4:00 p.m.). 1. International Trade Administration’s Civil Nuclear Trade Initiative Update. 2. Civil Nuclear Trade Promotion Activities Discussion. 3. Public comment period. The meeting will be disabledaccessible. Public seating is limited and available on a first-come, first-served basis. Members of the public wishing to attend the meeting must notify Mr. David Kincaid at the contact information below by 5:00 p.m. EST on Friday, November 29, 2013 in order to pre-register for clearance into the building. Please specify any requests for reasonable accommodation at least five business days in advance of the meeting. Last minute requests will be accepted, but may be impossible to fill. A limited amount of time will be available for pertinent brief oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to two (2) minutes per person, with a total public comment period of 30 minutes. Individuals wishing to reserve speaking time during the meeting must contact Mr. Kincaid and submit a brief statement of the general nature of the comments and the name and address of the proposed participant by 5:00 p.m. EST on Friday, November 29, 2013. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, ITA may conduct a lottery to determine the speakers. Speakers are requested to bring at least 20 copies of their oral comments for distribution to the participants and public at the meeting. Any member of the public may submit pertinent written comments concerning the CINTAC’s affairs at any time before and after the meeting. Comments may be submitted to the Civil Nuclear Trade Advisory Committee, Office of Energy & Environmental Industries, Room 4053, 1401 Constitution Ave. NW., Washington, DC 20230. For consideration during the meeting, and to ensure transmission to the Committee prior to the meeting, comments must be received no later than 5:00 p.m. EST on November 29, 2013. Comments received after that date will be distributed to the members but may not be considered at the meeting. E:\FR\FM\20NON1.SGM 20NON1

Agencies

[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Notices]
[Pages 69647-69648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27829]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-965]


Drill Pipe From the People's Republic of China: Notice of Court 
Decision Not in Harmony With Final Determination of Sales at Less Than 
Fair Value and Notice of Amended Final Determination of Sales at Less 
Than Fair Value Pursuant to Court Decision

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce
SUMMARY: On November 4, 2013, the United States Court of International 
Trade (``Court'' or ``CIT'') issued its final judgment in Downhole Pipe 
v. United States,\1\ sustaining the Department of Commerce's 
(Department) Remand Results.\2\ Consistent with the decision of the 
United States Court of Appeals for the Federal Circuit (``Federal 
Circuit'') in Timken Co., v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition 
v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond 
Sawblades''), the Department is notifying the public that the final CIT 
judgment in this case is not in harmony with the Department's Final 
Determination \3\ and is amending the Final Determination with respect 
to the surrogate values (``SV'') for drill pipe green tubes and the 
labor wage rate in the less-than-fair-value investigation.
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    \1\ Downhole Pipe & Equipment, LP, and DP-Master Manufacturing 
Co., Ltd., v. United States, and VAM Drilling USA, Texas Steel 
Conversion, Inc., Rotary Drilling Tools, TMK IPSCO, and U.S. Steel 
Corp., Court No. 1-00081, Slip Op. 13-134 (November 4, 2013) 
(``Downhole Pipe v. United States'').
    \2\ See Final Results of Redetermination Pursuant to Court 
Remand: Drill Pipe from the People's Republic of China Downhole Pipe 
& Equip LP, v. United States, Court No. 11-00081, Slip op. 12-141 
(CIT 2012), dated May 13, 2013 (``Remand Results'').
    \3\ See Drill Pipe From the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value and Critical 
Circumstances, 76 FR 1966 (January 11, 2011) (``Final 
Determination'').

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DATES: Effective Date: November 14, 2013.

FOR FURTHER INFORMATION CONTACT: Alexander Montoro, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade

[[Page 69648]]

Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-0238.

SUPPLEMENTARY INFORMATION: On May 13, 2013, the Department filed the 
Remand Results, in which the Department selected Indian imports under 
HTS 7304.59.20 as the SV for drill pipe green tube. In addition, the 
Department revised the labor wage rate and applied the wage rate 
methodology from Labor Methodologies.\4\ On November 4, 2013, the Court 
sustained the Department's Remand Results.\5\
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    \4\ 1 See Dorbest, Ltd. v. United States, 604 F.3d 1363, 1372 
(Fed. Cir. 2010) (``Dorbest''); see also Antidumping Methodologies 
in Proceedings Involving Non-Market Economies: Valuing the Factor of 
Production: Labor, 76 FR 36092 (June 21, 2011) (``Labor 
Methodologies'').
    \5\ See Downhole Pipe v. United States.
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the Federal Circuit has 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 not ``in harmony'' 
with a Department determination, and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The Court's November 
4, 2013, judgment constitutes a final decision of the Court that is not 
in harmony with the Department's Final Determination. This notice is 
published in fulfillment of the publication requirement 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. 
Since the Final Determination, the Department has recalculated the 
normal values to reflect these changes and, as a result of this 
redetermination, the antidumping duty cash deposit rate for DP-Master 
Co. Ltd., is 149.36 percent.

Amended Final Determination

    Because there is now a final court decision, we are amending the 
Final Determination. As a result of this redetermination, the 
antidumping duty cash deposit rate for DP-Master Co. Ltd., is 149.36 
percent and we will instruct U.S. Customs and Border Protection 
accordingly. This notice is issued and published in accordance with 
sections 516A(e)(1), 735, and 777(i)(1) of the Act.

    Dated: November 13, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-27829 Filed 11-19-13; 8:45 am]
BILLING CODE 3510-DS-P