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
<![CDATA[
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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\4\ See Remand Order at 14.
\5\ Id. at 16-17.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\6\ See Remand Redetermination at 2.
---------------------------------------------------------------------------
[[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\
---------------------------------------------------------------------------
\7\ See ATP at 11-21.
---------------------------------------------------------------------------
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
