Drill Pipe From the People's Republic of China: Notice of Court Decision Not in Harmony With International Trade Commission's Injury Determination, Revocation of Antidumping and Countervailing Duty Orders Pursuant to Court Decision, and Discontinuation of Countervailing Duty Administrative Review, 78037-78038 [2014-30384]

Download as PDF Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices and under statistical categories 5806.32.1080; 5810.92.9080; 5903.90.3090; and 6307.90.9889. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description, available in Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Countervailing Duty Order, 75 FR 53642 (September 1, 2010), remains dispositive. A full description of the scope of the order is contained in the Decision Memorandum. Methodology We conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we have determined that there is a subsidy, i.e., a government-provided financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.2 In making these findings, we relied on facts available and, because Bestpak and the Government of the PRC did not act to the best of their ability to respond to our requests for information, we have drawn adverse inferences in selecting from among the facts otherwise available.3 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Decision Memorandum. For a full description of the methodology underlying our conclusions, see the Decision Memorandum. Changes from the Preliminary Results No party submitted comments with respect to the Preliminary Results. Because we have identified more appropriate information for use as adverse facts available, we have revised the net subsidy rate for Bestpak accordingly. For a full description of that updated information and accompanying changes, see the Decision Memorandum. tkelley on DSK3SPTVN1PROD with NOTICES Final Results of the Review In accordance with 19 CFR 351.221(b)(4)(i), we calculated an individual subsidy rate for Bestpak for the period January 1, 2012, through December 31, 2012. We find that the net subsidy rate for Bestpak is as follows: 2 See sections 771(5)(B)and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 3 See sections 776(a) and (b) of the Act. VerDate Sep<11>2014 19:09 Dec 24, 2014 Jkt 235001 Net subsidy rate % Producer/exporter 78037 DEPARTMENT OF COMMERCE International Trade Administration [A–570–965; C–570–966] Yangzhou Bestpak Gifts & Crafts Co., Ltd ................... 88.49 Disclosure and Public Comment All calculations for these final results are contained in the Decision Memorandum and have been thereby disclosed.4 Assessment Rates Consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon issuance of the final results, we shall determine, and the U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of these final results of this review in the Federal Register. Cash Deposit Requirements We intend to instruct CBP to collect cash deposits of countervailing duties in the amount shown above for Bestpak. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent companyspecific or all-others rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. Dated: December 19, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Drill Pipe From the People’s Republic of China: Notice of Court Decision Not in Harmony With International Trade Commission’s Injury Determination, Revocation of Antidumping and Countervailing Duty Orders Pursuant to Court Decision, and Discontinuation of Countervailing Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 10, 2014, the Court of International Trade (CIT) entered its final judgment sustaining the International Trade Commission’s (ITC) remand redetermination that imports of drill pipe from the People’s Republic of China (PRC) do not materially injure or threaten to materially injure the United States domestic industry. As a result, we are notifying the public that this court decision is not in harmony with the ITC’s original affirmative determination that the domestic industry was threatened with material injury by reason of imports of drill pipe from the PRC, and pursuant to the ITC’s publication of its negative remand redetermination in the Federal Register, we are hereby revoking these orders. DATES: Effective Date: November 20, 2014. AGENCY: Julia Hancock or Kristen Johnson, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482–1394 or (202) 482–4793, respectively. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Appendix—List of Topics Discussed in the Decision Memorandum Background I. Summary II. Background III. Scope of the Order IV. Use of Facts Otherwise Available and Adverse Inferences A. Application of AFA to Bestpak B. Subsidy Rate Chart V. Disclosure VI. Recommendation On March 3, 2011, the Department of Commerce (the Department) published antidumping and countervailing duty orders on imports of drill pipe from the PRC, based, in part, on the final affirmative determination of the ITC that the domestic industry was threatened with material injury by reason of imports of drill pipe from the PRC.1 [FR Doc. 2014–30390 Filed 12–24–14; 8:45 am] BILLING CODE 3510–DS–P 4 19 CFR 351.224(b) calls for the Department to disclose calculations performed in connection with the final results of an administrative review within five days after the publication of the final results. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 1 See Drill Pipe from the People’s Republic of China: Antidumping Duty Order, 76 FR 11757 (March 3, 2011); Drill Pipe from the People’s Republic of China: Countervailing Duty Order, 76 FR 11758 (March 3, 2011); Drill Pipe and Drill Collars from China, Investigation Nos. 701–TA–474 and 731–TA–1176 (Final), USITC Publication 4213 (February 2011). E:\FR\FM\29DEN1.SGM 29DEN1 78038 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices The respondent, Downhole Pipe, a Chinese producer of subject merchandise, subsequently challenged the ITC’s final injury determination in Downhole Pipe v. United States, CIT No. 11–00080, and the ITC reversed its injury determination on remand, finding no material injury or threat thereof. On November 10, 2014, the CIT affirmed the ITC’s remand and entered judgment in the case.2 Therefore, there is now a final CIT decision in the case sustaining the ITC’s negative injury determination concerning drill pipe from the PRC. The November 10, 2014, decision by the CIT in Downhole Pipe constitutes a final CIT decision that is not in harmony with the ITC’s original affirmative injury determination. tkelley on DSK3SPTVN1PROD with NOTICES Statutory Notice In its decision in Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990), the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant to section 516A 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 an ITC determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision.3 The November 10, 2014, decision by the CIT in Downhole Pipe constitutes a final CIT decision that is not in harmony with the ITC’s original affirmative injury determination on drill pipe from the PRC. Thus, this notice is published in fulfillment of the publication requirement in Timken and section 516A of the Act. Accordingly, the Department intends to issue instructions to U.S. Customs and Border Protection (CBP) to suspend liquidation of all unliquidated entries of subject merchandise which are entered, or withdrawn from warehouse, for consumption after November 20, 2014, which is ten days after the court’s decision in accordance with section 516A of the Act. Pursuant to Timken, all entries entered, or withdrawn from warehouse, for consumption after November 20, 2014, that remains unliquidated, will be suspended during the pendency of the appeals process so that they may be liquidated in accordance with the ‘‘conclusive’’ court decision. 2 See Downhole Pipe v. United States, CIT No. 11–00080, Slip Op. 14–130 (November 10, 2014). 3 See sections 516A(c)(1) and (e) of the Act. VerDate Sep<11>2014 19:09 Dec 24, 2014 Jkt 235001 Revocation of the Antidumping and Countervailing Duty Orders and Discontinuation of Countervailing Duty Administrative Review The ITC published notice of its negative determination in the Federal Register, pursuant to sections 705(d) and 735(d) of the Tariff Act of 1930, as amended (the Act).4 See International Trade Commission, Investigation Nos. 701–TA–474 and 731–TA–1176 (Final Remand): Drill Pipe and Drill Collars from China, 79 FR 75592 (December 18, 2014); sections 705(d) and 735(d) of the Act (‘‘. . . the Commission . . . shall publish notice of its determination in the Federal Register.’’). Pursuant to sections 705(c)(2) and 735(c)(2) of the Act, ‘‘the investigation shall be terminated upon publication of that negative determination’’ and the Department shall ‘‘terminate the suspension of liquidation’’ and ‘‘release any bond or other security, and refund any cash deposit.’’ Sections 705(c)(2)(A) and (B) of the Act; sections 735(c)(2)(A) and (B) of the Act. As a result of the ITC’s publication, the Department is hereby revoking the antidumping and countervailing duty orders and releasing any bonds or other security and refunding cash deposits. While sections 705(c)(2)(A) and 735(c)(2)(A) of the Act instruct the Department to terminate suspension of liquidation, here, because suspension of liquidation must continue during the pendency of the appeals process (in accordance with Timken and as discussed above), we will instruct CBP at this time to (A) continue suspension at a cash deposit rate of 0.0 percent until instructed otherwise; and (B) release any bond or other security, and refund any cash deposit made pursuant to Drill Pipe from the People’s Republic of China: Antidumping Duty Order, 76 FR 11757 (March 3, 2011); Drill Pipe from the People’s Republic of China: Countervailing Duty Order, 76 FR 11758 (March 3, 2011). In the event the court’s ruling in Downhole Pipe is not appealed, or if appealed and upheld by the CAFC, the Department will instruct CBP to terminate the suspension of liquidation and to liquidate those entries of subject merchandise without regard to antidumping or countervailing duties. Notwithstanding the continued suspension described above, the antidumping and countervailing duty orders on drill pipe from the PRC are hereby revoked. As a result of this revocation, the Department is discontinuing the ongoing 4 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374, 1381–82 (Fed. Cir. 2010). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 administrative review of the countervailing duty order covering the period January 1, 2013, through December 31, 2013,5 and will not initiate any new administrative reviews of the antidumping and countervailing duty orders. This notice is published pursuant to section 516A of the Act. See sections 516A(c)(1) and (e). Dated: December 18, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–30384 Filed 12–24–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–811] Solid Fertilizer Grade Ammonium Nitrate From the Russian Federation: Rescission of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: December 29, 2014. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3874 and (202) 482–3693, respectively. AGENCY: Background: On April 1, 2014, the Department of Commerce (the Department) published in the Federal Register a notice of ‘‘Opportunity to Request Administrative Review’’ of the antidumping duty order on solid fertilizer grade ammonium nitrate (ammonium nitrate) from the Russian Federation (Russia) covering the period of review of April 1, 2013, through March 31, 2014.1 During the anniversary month of April 2014, the Department received a timely request, in accordance with section 751(a) of the 5 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 79 FR 24398 (April 30, 2014). The Department received a request to conduct a countervailing duty administrative review from Shanxi Yida Special Steel Imp. & Exp. Co., Ltd., a Chinese exporter of drill pipe. 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 79 FR 18260 (April 1, 2014). E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Pages 78037-78038]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30384]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-965; C-570-966]


Drill Pipe From the People's Republic of China: Notice of Court 
Decision Not in Harmony With International Trade Commission's Injury 
Determination, Revocation of Antidumping and Countervailing Duty Orders 
Pursuant to Court Decision, and Discontinuation of Countervailing Duty 
Administrative Review

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

SUMMARY: On November 10, 2014, the Court of International Trade (CIT) 
entered its final judgment sustaining the International Trade 
Commission's (ITC) remand redetermination that imports of drill pipe 
from the People's Republic of China (PRC) do not materially injure or 
threaten to materially injure the United States domestic industry. As a 
result, we are notifying the public that this court decision is not in 
harmony with the ITC's original affirmative determination that the 
domestic industry was threatened with material injury by reason of 
imports of drill pipe from the PRC, and pursuant to the ITC's 
publication of its negative remand redetermination in the Federal 
Register, we are hereby revoking these orders.

DATES: Effective Date: November 20, 2014.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Kristen Johnson, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; Telephone: (202) 482-
1394 or (202) 482-4793, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 3, 2011, the Department of Commerce (the Department) 
published antidumping and countervailing duty orders on imports of 
drill pipe from the PRC, based, in part, on the final affirmative 
determination of the ITC that the domestic industry was threatened with 
material injury by reason of imports of drill pipe from the PRC.\1\
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    \1\ See Drill Pipe from the People's Republic of China: 
Antidumping Duty Order, 76 FR 11757 (March 3, 2011); Drill Pipe from 
the People's Republic of China: Countervailing Duty Order, 76 FR 
11758 (March 3, 2011); Drill Pipe and Drill Collars from China, 
Investigation Nos. 701-TA-474 and 731-TA-1176 (Final), USITC 
Publication 4213 (February 2011).

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[[Page 78038]]

    The respondent, Downhole Pipe, a Chinese producer of subject 
merchandise, subsequently challenged the ITC's final injury 
determination in Downhole Pipe v. United States, CIT No. 11-00080, and 
the ITC reversed its injury determination on remand, finding no 
material injury or threat thereof. On November 10, 2014, the CIT 
affirmed the ITC's remand and entered judgment in the case.\2\ 
Therefore, there is now a final CIT decision in the case sustaining the 
ITC's negative injury determination concerning drill pipe from the PRC. 
The November 10, 2014, decision by the CIT in Downhole Pipe constitutes 
a final CIT decision that is not in harmony with the ITC's original 
affirmative injury determination.
---------------------------------------------------------------------------

    \2\ See Downhole Pipe v. United States, CIT No. 11-00080, Slip 
Op. 14-130 (November 10, 2014).
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Statutory Notice

    In its decision in Timken Co. v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990), the Court of Appeals for the Federal Circuit (CAFC) 
held that, pursuant to section 516A 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 an ITC determination and must 
suspend liquidation of entries pending a ``conclusive'' court 
decision.\3\ The November 10, 2014, decision by the CIT in Downhole 
Pipe constitutes a final CIT decision that is not in harmony with the 
ITC's original affirmative injury determination on drill pipe from the 
PRC. Thus, this notice is published in fulfillment of the publication 
requirement in Timken and section 516A of the Act.
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    \3\ See sections 516A(c)(1) and (e) of the Act.
---------------------------------------------------------------------------

    Accordingly, the Department intends to issue instructions to U.S. 
Customs and Border Protection (CBP) to suspend liquidation of all 
unliquidated entries of subject merchandise which are entered, or 
withdrawn from warehouse, for consumption after November 20, 2014, 
which is ten days after the court's decision in accordance with section 
516A of the Act. Pursuant to Timken, all entries entered, or withdrawn 
from warehouse, for consumption after November 20, 2014, that remains 
unliquidated, will be suspended during the pendency of the appeals 
process so that they may be liquidated in accordance with the 
``conclusive'' court decision.

Revocation of the Antidumping and Countervailing Duty Orders and 
Discontinuation of Countervailing Duty Administrative Review

    The ITC published notice of its negative determination in the 
Federal Register, pursuant to sections 705(d) and 735(d) of the Tariff 
Act of 1930, as amended (the Act).\4\ See International Trade 
Commission, Investigation Nos. 701-TA-474 and 731-TA-1176 (Final 
Remand): Drill Pipe and Drill Collars from China, 79 FR 75592 (December 
18, 2014); sections 705(d) and 735(d) of the Act (``. . . the 
Commission . . . shall publish notice of its determination in the 
Federal Register.'').
---------------------------------------------------------------------------

    \4\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374, 1381-82 (Fed. Cir. 2010).
---------------------------------------------------------------------------

    Pursuant to sections 705(c)(2) and 735(c)(2) of the Act, ``the 
investigation shall be terminated upon publication of that negative 
determination'' and the Department shall ``terminate the suspension of 
liquidation'' and ``release any bond or other security, and refund any 
cash deposit.'' Sections 705(c)(2)(A) and (B) of the Act; sections 
735(c)(2)(A) and (B) of the Act. As a result of the ITC's publication, 
the Department is hereby revoking the antidumping and countervailing 
duty orders and releasing any bonds or other security and refunding 
cash deposits.
    While sections 705(c)(2)(A) and 735(c)(2)(A) of the Act instruct 
the Department to terminate suspension of liquidation, here, because 
suspension of liquidation must continue during the pendency of the 
appeals process (in accordance with Timken and as discussed above), we 
will instruct CBP at this time to (A) continue suspension at a cash 
deposit rate of 0.0 percent until instructed otherwise; and (B) release 
any bond or other security, and refund any cash deposit made pursuant 
to Drill Pipe from the People's Republic of China: Antidumping Duty 
Order, 76 FR 11757 (March 3, 2011); Drill Pipe from the People's 
Republic of China: Countervailing Duty Order, 76 FR 11758 (March 3, 
2011). In the event the court's ruling in Downhole Pipe is not 
appealed, or if appealed and upheld by the CAFC, the Department will 
instruct CBP to terminate the suspension of liquidation and to 
liquidate those entries of subject merchandise without regard to 
antidumping or countervailing duties. Notwithstanding the continued 
suspension described above, the antidumping and countervailing duty 
orders on drill pipe from the PRC are hereby revoked. As a result of 
this revocation, the Department is discontinuing the ongoing 
administrative review of the countervailing duty order covering the 
period January 1, 2013, through December 31, 2013,\5\ and will not 
initiate any new administrative reviews of the antidumping and 
countervailing duty orders.
---------------------------------------------------------------------------

    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
24398 (April 30, 2014). The Department received a request to conduct 
a countervailing duty administrative review from Shanxi Yida Special 
Steel Imp. & Exp. Co., Ltd., a Chinese exporter of drill pipe.
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    This notice is published pursuant to section 516A of the Act. See 
sections 516A(c)(1) and (e).

    Dated: December 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-30384 Filed 12-24-14; 8:45 am]
BILLING CODE 3510-DS-P

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