Certain Oil Country Tubular Goods From the People's Republic of China; Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision, 57789-57790 [2015-24327]

Download as PDF Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices indicated in the chart above.7 These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission (‘‘ITC’’) Notification In accordance with section 733(f) of the Act, we will notify the ITC of our preliminary affirmative determination of sales at LTFV. Because the preliminary determination in this proceeding is affirmative, section 735(b)(2) of the Act requires that the ITC make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of silicomanganese from Australia before the later of 120 days after the date of this preliminary determination or 45 days after our final determination. Because we are postponing the deadline for our final determination to 135 days from the date of publication of this preliminary determination, as discussed above, the ITC will make its final determination no later than 45 days after our final determination. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: September 17, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. mstockstill on DSK4VPTVN1PROD with NOTICES Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Period of Investigation 4. Postponement of Preliminary Determination 5. Postponement of Final Determination and Extension of Provisional Measures 6. Scope of the Investigation 7. Scope Comments 8. Discussion of Methodology Fair Value Comparisons A. Determination of Comparison Method B. Results of the Differential Pricing Analysis 9. Product Comparisons 10. Date of Sale 11. Constructed Export Price 12. Normal Value A. Comparison Market Viability B. Affiliated Party Transactions and Arm’sLength Test C. Level of Trade D. Cost of Production (COP) a. Calculation of COP b. Test of Comparison Market Sales Prices c. Results of the COP Test 7 See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). VerDate Sep<11>2014 19:58 Sep 24, 2015 Jkt 235001 E. Calculation of Normal Value Based on Comparison Market Prices F. Calculation of Normal Value Based on CV 13. Currency Conversion 14. U.S. International Trade Commission Notification 15. Disclosure and Public Comments 16. Verification 17. Conclusion [FR Doc. 2015–24449 Filed 9–24–15; 8:45 am] BILLING CODE 3510–DS–P 57789 the final judgment in this case is not in harmony with the Department’s amended final results of review and is amending the AR 1 Final Results with respect to the margin determined for Jiangsu Chengde Steel Tube Share Co., Ltd. (‘‘Chengde’’), an exporter and producer of subject merchandise. DATES: Effective Date: September 7, 2015. Paul Stolz, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4474. SUPPLEMENTARY INFORMATION: Subsequent to the publication of the AR 1 Final Results, Chengde filed a complaint with the CIT challenging aspects of the methodology used to determine its margin in the AR 1 Final Results. On September 26, 2014, the CIT issued the Remand Order, instructing the Department to re-visit its decision to value most of Chengde’s billet as alloy steel in the underlying review. Specifically with respect to Chengde’s billets, the Court instructed the Department to: (1) Reevaluate the chemical composition of OCTG sold in certain contracts, (2) explain whether Chengde’s mill test certificates prove the chemical properties of OCTG not specifically covered by those certificates, (3) assess whether Chengde’s entry summary as provided in American Tubular Products, LLC’s application to receive information under administrative protective order proves that the OCTG in one contract was comprised of carbon steel, and (4) recalculate the percentage of Chengde’s steel billets that were alloy steel or carbon steel in accordance with this analysis.4 In addition, at the Department’s request, the CIT remanded the additional issue of the surrogate value used to value carbon steel billets to reconsider whether it is aberrational.5 On January 28, 2015, the Department issued its Remand Redetermination. Consistent with the CIT’s instructions in the Remand Order, the Department recalculated the total quantity of carbon steel billets consumed by Chengde to produce subject merchandise during the period of review and explained why the surrogate value used for carbon steel billets in the AR 1 Final Results was not aberrational.6 FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE International Trade Administration [A–570–943] Certain Oil Country Tubular Goods From the People’s Republic of China; Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review Pursuant to Court Decision Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 28, 2015, the United States Court of International Trade (‘‘CIT’’) issued its final judgment 1 sustaining the Department of Commerce’s (the ‘‘Department’’) redetermination 2 issued pursuant to the CIT’s remand order in American Tubular Products, LLC v. United States, Ct. No. 13–00029, Slip Op. 14–116 (CIT September 26, 2014) (‘‘Remand Order’’), with respect to the Department’s amended final results 3 of the 2010– 2011 antidumping duty administrative review of certain oil country tubular goods (‘‘OCTG’’) from the People’s Republic of China. 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’’), 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 AGENCY: 1 See American Tubular Products., LLC v. United States, Court No. 13–00029, Slip Op. 15–98 (CIT August 28, 2015) (‘‘ATP’’). 2 See Final Results of Redetermination Pursuant to Court Remand, American Tubular Products, LLC v. United States, Court No. 13–00029 (January 28, 2015) (‘‘Remand Redetermination’’). 3 See Certain Oil Country Tubular Goods From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2010– 2011, 77 FR 74644 (December 17, 2012), as amended by, Certain Oil Country Tubular Goods From the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2010–2011, 78 FR 9033 (February 7, 2013) (collectively, ‘‘AR 1 Final Results’’). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 4 See Remand Order at 14. at 16–17. 6 See Remand Redetermination at 2. 5 Id. E:\FR\FM\25SEN1.SGM 25SEN1 57790 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices On August 28, 2015, the CIT issued its decision in ATP, in which it sustained the Remand Redetermination, finding that the Department’s decision to use an alloy-carbon average as a surrogate for some of Chengde’s billet inputs and reliance on Indonesian import data to value high carbon steel was supported by substantial evidence.7 Amended Final Results Percent margin 137.62 The Department will continue the suspension of liquidation of the entries at issue pending 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 (‘‘CBP’’) to liquidate entries of subject merchandise based on the revised assessment rates calculated by the Department. mstockstill on DSK4VPTVN1PROD with NOTICES Cash Deposit Requirements National Oceanic and Atmospheric Administration RIN 0648–XE207 Fisheries of the South Atlantic; South Atlantic Fishery Management Council (SAFMC); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The South Atlantic Fishery Management Council (Council) will hold a Visioning Workshop in Charleston, SC. DATES: The Workshop will be held 8:30 a.m. to 5 p.m., Wednesday, October 14, 2015; and 8:30 a.m. to 5 p.m., Thursday, October 15, 2015. Public comment will be held at 4:30 p.m., Wednesday, October 14, 2015; and at 1:30 p.m., Thursday October 15, 2015. ADDRESSES: Meeting address: Town & Country Inn, 2008 Savannah Highway, Charleston, SC 29507; phone: (843) 571– 1000. Council address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405. FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone: (843) 571– 4366 or toll free (866) SAFMC–10; fax: (843) 769–4520; email: kim.iverson@ safmc.net. ATP at 11–21. 19:58 Sep 24, 2015 This workshop is being held for Council members to discuss the further development of a Vision Blueprint (long-term strategic plan) for the South Atlantic snapper grouper fishery. The outcome of the workshop will consist of a Vision Blueprint document outlining strategic goals, objectives, and strategies for managing the snapper grouper fishery going forward. The document will be provided to the Council at the SUPPLEMENTARY INFORMATION: Since the AR1 Final Results, the Department has not established a new cash deposit rate for Chengde. As a result, in accordance with section 751(a)(1) of the Act, the Department will instruct CBP to collect a cash deposit of 137.62 percent for entries of subject merchandise exported by Chengde, effective September 7, 2015. VerDate Sep<11>2014 DEPARTMENT OF COMMERCE SUMMARY: Because there is now a final court decision with respect to this case, the Department is amending the AR 1 Final Results with respect to Chengde’s weighted-average dumping margin, effective September 7, 2015. The revised dumping margin is as follows: 7 See Dated: September 17, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. BILLING CODE P In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, 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 August 28, 2015, judgment in this case constitutes a final decision of that court that is not in harmony with the Department’s AR 1 Final Results. This notice is published in fulfillment of the publication requirements of Timken. Jiangsu Chengde Steel Tube Share Co., Ltd.. This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act. [FR Doc. 2015–24327 Filed 9–24–15; 8:45 am] Timken Notice Exporter Notification to Interested Parties Jkt 235001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 December 2015 Council meeting and is scheduled for approval. Additionally, the Council will discuss an implementation and evaluation plan for periodic review of the Vision Blueprint. Topics of discussion include: 1. Final review and discussion of 2015 public input on the draft Vision Blueprint. 2. Breakout Group Discussion to prioritize short-, mid-, and long-term strategies to be considered under each of the four focus areas (Science, Management, Communication, and Governance) to include: a. Sub-regional Management b. Reporting/Data Collection c. Reducing Discards d. Access to the Fishery e. Stakeholder Engagement f. Habitat/Ecosystems g. Allocation 3. Plenary session to summarize breakout group discussions, and 4. Facilitated discussion for developing an evaluation plan for periodic review of the Vision Blueprint. Special Accommodations This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the SAFMC office (see ADDRESSES) at least 5 business days prior to the meeting. Note: The times and sequence specified in this agenda are subject to change. Authority: 16 U.S.C. 1801 et seq. Dated: September 22, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–24435 Filed 9–24–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Western Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting and hearing. AGENCY: SUMMARY: The Western Pacific Fishery Management Council (Council) will hold a meeting of its Commonwealth of the Northern Mariana Islands (CNMI) Mariana Archipelago Fishery Ecosystem Plan (FEP) Advisory Panel (AP) and Hawaii Archipelago FEP AP to discuss and make recommendations on fishery E:\FR\FM\25SEN1.SGM 25SEN1

Agencies

[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57789-57790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24327]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-943]


Certain Oil Country Tubular Goods From the People's Republic of 
China; Notice of Court Decision Not in Harmony With Final Results of 
Administrative Review and Notice of Amended Final Results of 
Administrative Review Pursuant to Court Decision

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

SUMMARY: On August 28, 2015, the United States Court of International 
Trade (``CIT'') issued its final judgment \1\ sustaining the Department 
of Commerce's (the ``Department'') redetermination \2\ issued pursuant 
to the CIT's remand order in American Tubular Products, LLC v. United 
States, Ct. No. 13-00029, Slip Op. 14-116 (CIT September 26, 2014) 
(``Remand Order''), with respect to the Department's amended final 
results \3\ of the 2010-2011 antidumping duty administrative review of 
certain oil country tubular goods (``OCTG'') from the People's Republic 
of China. 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''), 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 judgment in this case is not in harmony with the 
Department's amended final results of review and is amending the AR 1 
Final Results with respect to the margin determined for Jiangsu Chengde 
Steel Tube Share Co., Ltd. (``Chengde''), an exporter and producer of 
subject merchandise.
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    \1\ See American Tubular Products., LLC v. United States, Court 
No. 13-00029, Slip Op. 15-98 (CIT August 28, 2015) (``ATP'').
    \2\ See Final Results of Redetermination Pursuant to Court 
Remand, American Tubular Products, LLC v. United States, Court No. 
13-00029 (January 28, 2015) (``Remand Redetermination'').
    \3\ See Certain Oil Country Tubular Goods From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2010-2011, 77 FR 74644 (December 17, 2012), as amended by, 
Certain Oil Country Tubular Goods From the People's Republic of 
China: Amended Final Results of Antidumping Duty Administrative 
Review; 2010-2011, 78 FR 9033 (February 7, 2013) (collectively, ``AR 
1 Final Results'').

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DATES: Effective Date: September 7, 2015.

FOR FURTHER INFORMATION CONTACT: Paul Stolz, Office III, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-4474.

SUPPLEMENTARY INFORMATION: Subsequent to the publication of the AR 1 
Final Results, Chengde filed a complaint with the CIT challenging 
aspects of the methodology used to determine its margin in the AR 1 
Final Results.
    On September 26, 2014, the CIT issued the Remand Order, instructing 
the Department to re-visit its decision to value most of Chengde's 
billet as alloy steel in the underlying review. Specifically with 
respect to Chengde's billets, the Court instructed the Department to: 
(1) Reevaluate the chemical composition of OCTG sold in certain 
contracts, (2) explain whether Chengde's mill test certificates prove 
the chemical properties of OCTG not specifically covered by those 
certificates, (3) assess whether Chengde's entry summary as provided in 
American Tubular Products, LLC's application to receive information 
under administrative protective order proves that the OCTG in one 
contract was comprised of carbon steel, and (4) recalculate the 
percentage of Chengde's steel billets that were alloy steel or carbon 
steel in accordance with this analysis.\4\ In addition, at the 
Department's request, the CIT remanded the additional issue of the 
surrogate value used to value carbon steel billets to reconsider 
whether it is aberrational.\5\
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    \4\ See Remand Order at 14.
    \5\ Id. at 16-17.
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    On January 28, 2015, the Department issued its Remand 
Redetermination. Consistent with the CIT's instructions in the Remand 
Order, the Department recalculated the total quantity of carbon steel 
billets consumed by Chengde to produce subject merchandise during the 
period of review and explained why the surrogate value used for carbon 
steel billets in the AR 1 Final Results was not aberrational.\6\
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    \6\ See Remand Redetermination at 2.

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[[Page 57790]]

    On August 28, 2015, the CIT issued its decision in ATP, in which it 
sustained the Remand Redetermination, finding that the Department's 
decision to use an alloy-carbon average as a surrogate for some of 
Chengde's billet inputs and reliance on Indonesian import data to value 
high carbon steel was supported by substantial evidence.\7\
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    \7\ See ATP at 11-21.
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, 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 August 28, 2015, 
judgment in this case constitutes a final decision of that court that 
is not in harmony with the Department's AR 1 Final Results. This notice 
is published in fulfillment of the publication requirements of Timken.

Amended Final Results

    Because there is now a final court decision with respect to this 
case, the Department is amending the AR 1 Final Results with respect to 
Chengde's weighted-average dumping margin, effective September 7, 2015. 
The revised dumping margin is as follows:

------------------------------------------------------------------------
                 Exporter                          Percent margin
------------------------------------------------------------------------
Jiangsu Chengde Steel Tube Share Co., Ltd.  137.62
------------------------------------------------------------------------

The Department will continue the suspension of liquidation of the 
entries at issue pending 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 
(``CBP'') to liquidate entries of subject merchandise based on the 
revised assessment rates calculated by the Department.

Cash Deposit Requirements

    Since the AR1 Final Results, the Department has not established a 
new cash deposit rate for Chengde. As a result, in accordance with 
section 751(a)(1) of the Act, the Department will instruct CBP to 
collect a cash deposit of 137.62 percent for entries of subject 
merchandise exported by Chengde, effective September 7, 2015.

Notification to Interested Parties

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

    Dated: September 17, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-24327 Filed 9-24-15; 8:45 am]
 BILLING CODE P