Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review; 2008-2009, 22478-22479 [2014-09130]

Download as PDF 22478 Federal Register / Vol. 79, No. 77 / Tuesday, April 22, 2014 / Notices The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov, no later than May 1, 2014. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. Written statements may be submitted at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the materials should be forwarded prior to the meeting to Ms. Springer via email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on February 11, 2014, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 10(d)), that the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and the U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. Dated: April 16, 2014. Yvette Springer, Committee Liaison Officer. [FR Doc. 2014–09083 Filed 4–21–14; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–809] Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review; 2008–2009 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 25, 2013, the United States Court of International Trade (Court or CIT) issued its final judgment affirming the Department of Commerce’s (the Department’s) final results of the remand redetermination 1 tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: 1 See ‘‘Final Results of Redetermination Pursuant to Remand: SeAH Steel Corporation and Kurt Orban Partners, LLC v. United States (Defendant) and Allied Tube Conduit et al. (Defendants-Intervenors), VerDate Mar<15>2010 16:26 Apr 21, 2014 Jkt 232001 concerning the 2008–2009 administrative review of the antidumping duty order on circular welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea).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 results of administrative review and is amending its final results of the administrative review of the antidumping duty order on CWP from Korea covering the period of review (POR) of November 1, 2008, through October 31, 2009, with respect to the weighted-average dumping margin calculated for SeAH Steel Corporation (SeAH). DATES: Effective Date: October 5, 2013. FOR FURTHER INFORMATION CONTACT: Nancy Decker or Joshua Morris, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0196 or (202) 482– 1779, respectively. SUPPLEMENTARY INFORMATION: The Department published the final results of the 2008–2009 administrative review of the antidumping duty order on CWP from Korea on June 21, 2011.3 SeAH, a Korean producer and exporter of CWP, and Kurt Orban Partners, LLC, a U.S. importer of the same merchandise, timely filed complaints with the CIT to challenge the Department’s application of its zeroing methodology in the Final Results. SeAH also challenged the cost recovery analysis the Department employed in the Final Results. On October 13, 2011, the Court remanded the Department to reconsider its position with regard to its zeroing methodology in the underlying administrative review in light of the decision of the Federal Circuit in JTEKT Corp. v. United States, 642 F.3d 1378 Consol. Court No. 11–00226’’ (January 11, 2012) (Remand Results). 2 See SeAH Steel Corporation and Kurt Orban Partners, LLC v. United States and Allied Tube and Conduit, TMK IPSCO Tubular, and United States Steel Corporation, Consol. Court No. 11–00226, Slip Op. 13–124 (CIT September 25, 2013) (SeAH v. United States). 3 See Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review, 76 FR 36089 (June 21, 2011) (Final Results). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 (Fed. Cir. 2011) (JTEKT), while also granting the Department’s request for a voluntary remand to reconsider its costrecovery analysis in light of SeAH Steel Corp. v. United States, 764 F. Supp. 2d 1322 (CIT 2011) (SeAH II).4 On January 11, 2012, the Department filed the Remand Results with the CIT, in which the Department altered its cost-recovery analysis to comply with the decision in SeAH II and provided its explanation supporting its position to deny offsets for non-dumped sales in administrative reviews when using the average-totransaction comparison method. Accordingly, the Department recalculated SeAH’s weighted-average dumping margin from 4.99 percent to 3.87 percent. On September 25, 2013, the Court affirmed the Department’s Remand Results.5 Timken Notice In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the Federal Circuit 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 September 25, 2013, judgment constitutes a final decision of the CIT that is not in harmony with the Department’s Final Results. This notice is published in fulfillment of the publication requirement of Timken. The period of appeal expired, and the court decision is now final and conclusive. Amended Final Results Because there is now a final court decision with respect to this case, the Department is amending its Final Results with respect to SeAH’s weighted-average dumping margin for this POR. The revised weighted-average dumping margin is as follows: Producer or exporter Weightedaverage dumping margin SeAH Steel Corporation ....... 3.87% Since the CIT’s ruling is final and has not been appealed, the Department will instruct United State Customs and Border Protection (CBP) to liquidate entries of subject merchandise from SeAH during the POR based on the 4 See SeAH Steel Corporation and Kurt Orban Partners, LLC v. United States (Defendant) and Allied Tube Conduit et al. (Defendants-Intervenors), Court No. 11–00226 (CIT October 13, 2011). 5 See SeAH v. United States, Slip Op. 13–124 at 23. E:\FR\FM\22APN1.SGM 22APN1 Federal Register / Vol. 79, No. 77 / Tuesday, April 22, 2014 / Notices revised assessment rates calculated by the Department in the Remand Results. Since the Final Results, the Department established a new cash deposit rate for SeAH. Therefore, the case deposit rate for SeAH will remain the companyspecific rate established for the subsequent and most recent period for a completed administrative review during which SeAH was reviewed.6 This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: April 15, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2014–09130 Filed 4–21–14; 8:45 am] Kristy Beard or Amy Hapeman, (301) 427–8401. BILLING CODE 3510–DS–P The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226). The purpose of the research is to continue ongoing research to assess and reduce sea turtle bycatch in sea scallop fisheries in the Mid-Atlantic Bight. The research will aid in evaluating abundance estimates, evaluating scallop harvesting strategies to minimize harm to sea turtles, and defining critical habitat. Loggerhead (Caretta caretta), Kemp’s ridley (Lepidochelys kempii), leatherback (Dermochelys coriacea), green (Chelonia mydas), and unidentified hardshell sea turtles would be captured by hoopnet. Up to 20 loggerhead, 1 Kemp’s ridley, 1 leatherback, 1 green, and 1 unidentified sea turtle annually would be captured, weighed and measured, blood and tissue sampled, and tagged with flipper tags, passive integrated transponders, and satellite tags. Turtles would also be tracked and monitored with a remotely operated vehicle. The permit would be valid for five years. SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD248 Endangered Species; File No. 18526 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that Coonamessett Farm Foundation, Inc., 277 Hatchville Road, East Falmouth, MA 02536 [Responsible Party: Ronald Smolowitz] has applied in due form for a permit to take sea turtles for purposes of scientific research. DATES: Written, telefaxed, or email comments must be received on or before May 22, 2014. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the Features box on the Applications and Permits for Protected Species (APPS) home page, https:// apps.nmfs.noaa.gov, and then selecting File No. 18526 from the list of available applications. These documents are also available upon written request or by appointment in the following office: Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376. SUMMARY: tkelley on DSK3SPTVN1PROD with NOTICES Written comments on this application should be submitted to the Chief, Permits and Conservation Division • by email to NMFS.Pr1Comments@ noaa.gov (include the File No. in the subject line of the email), • by facsimile to (301) 713–0376, or • at the address listed above. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. Dated: April 17, 2014. Tammy C. Adams, Acting Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2014–09134 Filed 4–21–14; 8:45 am] BILLING CODE 3510–22–P 6 See Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of the Antidumping Duty Administrative Review, 77 FR 34344, 34345 (June 11, 2012). VerDate Mar<15>2010 16:26 Apr 21, 2014 Jkt 232001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 22479 DEPARTMENT OF COMMERCE National Telecommunications and Information Administration First Responder Network Authority Finance Committee Special Meeting National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Notice of Public Meeting of the First Responder Network Authority Finance Committee. AGENCY: The Finance Committee of the First Responder Network Authority (FirstNet) Board will hold a Special Meeting via telephone conference (teleconference) on April 25, 2014. DATES: The Special Meeting will be held on Friday, April 25, 2014, from 1:00 p.m. to 2:00 p.m. Eastern Daylight Time. ADDRESSES: The Special Meeting will be conducted via teleconference. Members of the public may listen to the meeting by dialing toll-free 1–800–369–1868 and using passcode ‘‘FirstNet.’’ Due to the limited number of ports, attendance via teleconference will be on a first-come, first-served basis. FOR FURTHER INFORMATION CONTACT: Uzoma Onyeije, Secretary, FirstNet, U.S. Department of Commerce, 1401 Constitution Avenue NW. Washington, DC 20230: telephone (202) 482–0016; email uzoma@firstnet.gov. Please direct media inquiries to FirstNet’s Office of Public Affairs, (202) 482–4809. SUPPLEMENTARY INFORMATION: Background: The Middle Class Tax Relief and Job Creation Act of 2012 (Act), Public Law 112–96, 126 Stat. 156 (2012), created FirstNet as an independent authority within NTIA. The Act directs FirstNet to establish a single nationwide, interoperable public safety broadband network. The FirstNet Board is responsible for making strategic decisions regarding FirstNet’s operations. As provided in Section 4.08 of the FirstNet Bylaws, the Finance Committee through this Notice provides at least two days’ notice of a Special Meeting of the Committee to be held on April 25, 2014. The Finance Committee may, by a majority vote, close a portion of the Special Meeting as necessary to preserve the confidentiality of commercial or financial information that is privileged or confidential, to discuss personnel matters, or to discuss legal matters affecting FirstNet, including pending or potential litigation. See 47 U.S.C. 1424(e)(2). Matters To Be Considered: FirstNet will post an agenda for the Special Meeting on its Web site at http:// SUMMARY: E:\FR\FM\22APN1.SGM 22APN1

Agencies

[Federal Register Volume 79, Number 77 (Tuesday, April 22, 2014)]
[Notices]
[Pages 22478-22479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09130]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
Notice of Court Decision Not in Harmony With Final Results of 
Administrative Review and Notice of Amended Final Results of 
Administrative Review; 2008-2009

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On September 25, 2013, the United States Court of 
International Trade (Court or CIT) issued its final judgment affirming 
the Department of Commerce's (the Department's) final results of the 
remand redetermination \1\ concerning the 2008-2009 administrative 
review of the antidumping duty order on circular welded non-alloy steel 
pipe (CWP) from the Republic of Korea (Korea).\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 results of 
administrative review and is amending its final results of the 
administrative review of the antidumping duty order on CWP from Korea 
covering the period of review (POR) of November 1, 2008, through 
October 31, 2009, with respect to the weighted-average dumping margin 
calculated for SeAH Steel Corporation (SeAH).
---------------------------------------------------------------------------

    \1\ See ``Final Results of Redetermination Pursuant to Remand: 
SeAH Steel Corporation and Kurt Orban Partners, LLC v. United States 
(Defendant) and Allied Tube Conduit et al. (Defendants-Intervenors), 
Consol. Court No. 11-00226'' (January 11, 2012) (Remand Results).
    \2\ See SeAH Steel Corporation and Kurt Orban Partners, LLC v. 
United States and Allied Tube and Conduit, TMK IPSCO Tubular, and 
United States Steel Corporation, Consol. Court No. 11-00226, Slip 
Op. 13-124 (CIT September 25, 2013) (SeAH v. United States).

---------------------------------------------------------------------------
DATES: Effective Date: October 5, 2013.

FOR FURTHER INFORMATION CONTACT: Nancy Decker or Joshua Morris, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-0196 or (202) 
482-1779, respectively.

SUPPLEMENTARY INFORMATION: The Department published the final results 
of the 2008-2009 administrative review of the antidumping duty order on 
CWP from Korea on June 21, 2011.\3\ SeAH, a Korean producer and 
exporter of CWP, and Kurt Orban Partners, LLC, a U.S. importer of the 
same merchandise, timely filed complaints with the CIT to challenge the 
Department's application of its zeroing methodology in the Final 
Results. SeAH also challenged the cost recovery analysis the Department 
employed in the Final Results. On October 13, 2011, the Court remanded 
the Department to reconsider its position with regard to its zeroing 
methodology in the underlying administrative review in light of the 
decision of the Federal Circuit in JTEKT Corp. v. United States, 642 
F.3d 1378 (Fed. Cir. 2011) (JTEKT), while also granting the 
Department's request for a voluntary remand to reconsider its cost-
recovery analysis in light of SeAH Steel Corp. v. United States, 764 F. 
Supp. 2d 1322 (CIT 2011) (SeAH II).\4\ On January 11, 2012, the 
Department filed the Remand Results with the CIT, in which the 
Department altered its cost-recovery analysis to comply with the 
decision in SeAH II and provided its explanation supporting its 
position to deny offsets for non-dumped sales in administrative reviews 
when using the average-to-transaction comparison method. Accordingly, 
the Department recalculated SeAH's weighted-average dumping margin from 
4.99 percent to 3.87 percent. On September 25, 2013, the Court affirmed 
the Department's Remand Results.\5\
---------------------------------------------------------------------------

    \3\ See Circular Welded Non-Alloy Steel Pipe From the Republic 
of Korea: Final Results of the Antidumping Duty Administrative 
Review, 76 FR 36089 (June 21, 2011) (Final Results).
    \4\ See SeAH Steel Corporation and Kurt Orban Partners, LLC v. 
United States (Defendant) and Allied Tube Conduit et al. 
(Defendants-Intervenors), Court No. 11-00226 (CIT October 13, 2011).
    \5\ See SeAH v. United States, Slip Op. 13-124 at 23.
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the Federal Circuit 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 September 25, 
2013, judgment constitutes a final decision of the CIT that is not in 
harmony with the Department's Final Results. This notice is published 
in fulfillment of the publication requirement of Timken. The period of 
appeal expired, and the court decision is now final and conclusive.

Amended Final Results

    Because there is now a final court decision with respect to this 
case, the Department is amending its Final Results with respect to 
SeAH's weighted-average dumping margin for this POR. The revised 
weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                  Producer or exporter                       average
                                                         dumping  margin
------------------------------------------------------------------------
SeAH Steel Corporation.................................           3.87%
------------------------------------------------------------------------

    Since the CIT's ruling is final and has not been appealed, the 
Department will instruct United State Customs and Border Protection 
(CBP) to liquidate entries of subject merchandise from SeAH during the 
POR based on the

[[Page 22479]]

revised assessment rates calculated by the Department in the Remand 
Results. Since the Final Results, the Department established a new cash 
deposit rate for SeAH. Therefore, the case deposit rate for SeAH will 
remain the company-specific rate established for the subsequent and 
most recent period for a completed administrative review during which 
SeAH was reviewed.\6\
---------------------------------------------------------------------------

    \6\ See Circular Welded Non-Alloy Steel Pipe From the Republic 
of Korea: Final Results of the Antidumping Duty Administrative 
Review, 77 FR 34344, 34345 (June 11, 2012).
---------------------------------------------------------------------------

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: April 15, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-09130 Filed 4-21-14; 8:45 am]
BILLING CODE 3510-DS-P