Circular Welded Carbon Steel Pipes and Tubes From Turkey: Notice of Court Decision Not in Harmony With Final Results of Countervailing Duty Administrative Review and Notice of Amended Final Results of Countervailing Duty Administrative Review; 2012, 36267-36268 [2016-13282]
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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices
issues impacting foreign direct
investment into the United States,
including investment opportunities
across U.S. regions, regulations and
visas, in addition to other topics. The
agenda may change to accommodate
Council business. The final agenda will
be posted on the Department of
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in advance of the meeting.
Tuesday, June 21, 2016, 9 a.m.–
12 p.m. EDT.
DATES:
The United States
Investment Advisory Council meeting
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Internet at https://whitehouse.gov/live.
ADDRESSES:
Li
Zhou, the United States Investment
Advisory Council, Room 4043, 1401
Constitution Avenue NW., Washington,
DC 20230, telephone: 202–482–4501,
email: IAC@trade.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background: The Council advises the
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relating to the promotion and retention
of foreign direct investment in the
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Public Participation: The public is
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of the following methods:
a. Electronic Submissions
Submit statements electronically to Li
Zhou, Executive Secretary, United
States Investment Advisory Council via
email: IAC@trade.gov.
sradovich on DSK3TPTVN1PROD with NOTICES
b. Paper Submissions
Send paper statements to Li Zhou,
Executive Secretary, United States
Investment Advisory Council, Room
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including any business or personal
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Meeting minutes: Copies of the
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VerDate Sep<11>2014
16:36 Jun 03, 2016
Jkt 238001
Dated: June 1, 2016.
Li Zhou,
Executive Secretary, United States Investment
Advisory Council.
[FR Doc. 2016–13284 Filed 6–3–16; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–502]
Circular Welded Carbon Steel Pipes
and Tubes From Turkey: Notice of
Court Decision Not in Harmony With
Final Results of Countervailing Duty
Administrative Review and Notice of
Amended Final Results of
Countervailing Duty Administrative
Review; 2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 11, 2016, the United
States Court of International Trade (the
Court) issued Toscelik II,1 which
sustained the Final Remand Results 2
that the Department of Commerce (the
Department) issued in connection with
Toscelik I,3 concerning the Department’s
final results of administrative review of
the countervailing duty order on
circular welded carbon steel pipes and
tubes from Turkey covering the period
of review January 1, 2012, through
December 31, 2012 (POR).4
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (CAFC) in Timken,5 as
clarified by Diamond Sawblades,6 the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s 2012
Final Results. The Department is also
amending the 2012 Final Results with
AGENCY:
1 See Toscelik Profil Ve SAC Endustrisi A.S. v.
United States, Court No. 14–00211, Slip. Op. 16–
50 (CIT May 11, 2016) (Toscelik II).
2 See Final Results Of Redetermination Pursuant
To Court Remand, Court No. 14–00211, Slip Op.
16–50 (May 11, 2016, May 11, 2016) (Final Remand
Results), which is available at https://
enforcement.trade.gov/remands/.
3 See Toscelik Profil Ve SAC Endustrisi A.S. v.
United States, Court No. 14–00211, Slip. Op. 15–
144 (CIT December 21, 2015) (Toscelik I).
4 See Circular Welded Carbon Steel Pipes and
Tubes From Turkey: Final Results of Countervailing
Duty Administrative Review; Calendar Year 2012
and Rescission of Countervailing Duty
Administrative Review, in Part, 79 FR 51140 (Aug.
27, 2014) and accompanying Issues and Decisions
Memorandum (2012 Final Results).
5 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
6 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
36267
respect to Toscelik Profil Ve SAC
Endustrisi A.S. (Toscelik).
DATES: Effective May 21, 2016.
John
Conniff, AD/CVD Operations Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1009.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On August 27, 2014, the Department
issued the 2012 Final Results.7 In the
2012 Final Results, the Department
assigned Toscelik the total net subsidy
rate it had calculated for Toscelik in the
prior review of that company, the 2011
Final Results.8 Toscelik had challenged
its rate in the 2011 Final Results at the
Court and, as a result of remand
redetermination and the Court’s
affirmance thereof, Toscelik’s rate from
the 2011 Final Results decreased.9
Toscelik then challenged the
Department’s 2012 Final Results,
contending that the results of its
challenge to the rate from the 2011 Final
Results should extent to the rate the
Department assigned Toscelik for the
2012 POR. At issue in the instant
litigation was whether the Department
should apply the rate the Department
determined in the 2011 Amended Final
Results to the 2012 Final Results,
instead of the rate originally assigned to
Toscelik, notwithstanding that Toscelik
failed to exhaust its administrative
remedies on this issue.
The Court held that absent the
administrative record underlying the
2011 subsidy rate (pulled forward to
2012), Toscelik lacked an argument
‘‘that could have resulted in redress of
the error in the eleventh review.’’ 10 The
Court further held that the 2012
determination with regard to Toscelik
represented a ‘‘derivative action’’ that
‘‘turns wholly on the lawfulness vel non
of the {2011 review}.’’ 11 The Court,
thus, considered that in this case the
law did not require Toscelik to file an
administrative brief merely to preserve
the right to appeal and directed
Commerce to consider in its remand the
7 See
2012 Final Results.
Circular Welded Carbon Steel Pipes and
Tubes From Turkey: Final Results of Countervailing
Duty Administrative Review; Calendar Year 2011;
78 FR 64916, dated October 30, 2013.
9 See Circular Welded Carbon Steel Pipes and
Tubes From Turkey Toscelik Profil ve Sac
Endustrisi AS v. United States Court No. 13–00371;
Slip Op. 14–126 (CIT 2014), dated February 13,
2015.
10 See Toscelik I, at 10.
11 Id. at 11.
8 See
E:\FR\FM\06JNN1.SGM
06JNN1
36268
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices
amended final results of the 2011
review.
On April 15, 2016, the Department
filed the Final Remand Results with the
Court, in which it assigned Toscelik for
the 2012 review Toscelik’s amended de
minimis rate from the 2011 Amended
Final Results, which was de minimis.12
On May 11, 2016, the Court entered
judgment sustaining the Final Remand
Results.13
Timken Notice
In Timken, 893 F.2d at 341, as
clarified by Diamond Sawblades, 626
F.3d at 1381, 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 Court’s judgment in Toscelik II
sustaining the Final Remand Results
constitutes a final decision of the Court
that is not in harmony with the
Department’s 2012 Final Results. This
notice is published in fulfillment of the
publication requirement of Timken.
Amended Final Results
Because there is now a final court
decision, the Department is amending
the 2012 Final Results with respect to
Toscelik. The revised net subsidy rate
for Toscelik during the period January 1,
2012, through December 31, 2012, is as
follows:
Producer/exporter
Total net subsidy rate
Toscelik Profil ve Sac
Endustrisi A.S.
0.44 percent, de minimis.
sradovich on DSK3TPTVN1PROD with NOTICES
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. In the event
the Court’s ruling is not appealed or, if
appealed, upheld in a final and
conclusive court decision, the
Department will instruct U.S. Customs
and Border Protection to assess
antidumping duties on unliquidated
entries of subject merchandise exported
by the above listed exporters at the rate
listed above.
Cash Deposit Requirements
Since the 2012 Final Results, the
Department has established a new cash
12 See Final Remand Results at 5–6. While subject
to the 2011 review, Toscelik was not selected for
individual examination.
13 See Toscelik II at 1.
VerDate Sep<11>2014
16:36 Jun 03, 2016
Jkt 238001
deposit rate for Toscelik.14 Therefore,
the cash deposit rate for Toscelik does
not need to be updated as a result of
these amended final results.
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: May 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–13282 Filed 6–3–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received
requests to conduct administrative
reviews of various antidumping and
countervailing duty orders and findings
with April anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews.
DATES: Effective Dates: June 6, 2016.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with April
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
the Department discussed below refer to
the number of calendar days from the
applicable starting time.
14 See Circular Welded Carbon Steel Pipes and
Tubes From Turkey: Final Results of Countervailing
Duty Administrative Review; Calendar Year 2013
and Rescission of Countervailing Duty
Administrative Review, in Part, 80 FR 61361
(October 13, 2015).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (‘‘POR’’), it must notify the
Department within 30 days of
publication of this notice in the Federal
Register. All submissions must be filed
electronically at https://access.trade.gov
in accordance with 19 CFR 351.303.1
Such submissions are subject to
verification in accordance with section
782(i) of the Tariff Act of 1930, as
amended (‘‘the Act’’). Further, in
accordance with 19 CFR 351.303(f)(1)(i),
a copy must be served on every party on
the Department’s service list.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, the
Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the period of review. We
intend to place the CBP data on the
record within five days of publication of
the initiation notice and to make our
decision regarding respondent selection
within 30 days of publication of the
initiation Federal Register notice.
Comments regarding the CBP data and
respondent selection should be
submitted seven days after the
placement of the CBP data on the record
of this review. Parties wishing to submit
rebuttal comments should submit those
comments five days after the deadline
for the initial comments.
In the event the Department decides
it is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, the Department has found
that determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, the Department
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Notices]
[Pages 36267-36268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13282]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-502]
Circular Welded Carbon Steel Pipes and Tubes From Turkey: Notice
of Court Decision Not in Harmony With Final Results of Countervailing
Duty Administrative Review and Notice of Amended Final Results of
Countervailing Duty Administrative Review; 2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On May 11, 2016, the United States Court of International
Trade (the Court) issued Toscelik II,\1\ which sustained the Final
Remand Results \2\ that the Department of Commerce (the Department)
issued in connection with Toscelik I,\3\ concerning the Department's
final results of administrative review of the countervailing duty order
on circular welded carbon steel pipes and tubes from Turkey covering
the period of review January 1, 2012, through December 31, 2012
(POR).\4\
---------------------------------------------------------------------------
\1\ See Toscelik Profil Ve SAC Endustrisi A.S. v. United States,
Court No. 14-00211, Slip. Op. 16-50 (CIT May 11, 2016) (Toscelik
II).
\2\ See Final Results Of Redetermination Pursuant To Court
Remand, Court No. 14-00211, Slip Op. 16-50 (May 11, 2016, May 11,
2016) (Final Remand Results), which is available at https://enforcement.trade.gov/remands/.
\3\ See Toscelik Profil Ve SAC Endustrisi A.S. v. United States,
Court No. 14-00211, Slip. Op. 15-144 (CIT December 21, 2015)
(Toscelik I).
\4\ See Circular Welded Carbon Steel Pipes and Tubes From
Turkey: Final Results of Countervailing Duty Administrative Review;
Calendar Year 2012 and Rescission of Countervailing Duty
Administrative Review, in Part, 79 FR 51140 (Aug. 27, 2014) and
accompanying Issues and Decisions Memorandum (2012 Final Results).
---------------------------------------------------------------------------
Consistent with the decision of the United States Court of Appeals
for the Federal Circuit (CAFC) in Timken,\5\ as clarified by Diamond
Sawblades,\6\ the Department is notifying the public that the final
judgment in this case is not in harmony with the Department's 2012
Final Results. The Department is also amending the 2012 Final Results
with respect to Toscelik Profil Ve SAC Endustrisi A.S. (Toscelik).
---------------------------------------------------------------------------
\5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\6\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
DATES: Effective May 21, 2016.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations Office
III, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On August 27, 2014, the Department issued the 2012 Final
Results.\7\ In the 2012 Final Results, the Department assigned Toscelik
the total net subsidy rate it had calculated for Toscelik in the prior
review of that company, the 2011 Final Results.\8\ Toscelik had
challenged its rate in the 2011 Final Results at the Court and, as a
result of remand redetermination and the Court's affirmance thereof,
Toscelik's rate from the 2011 Final Results decreased.\9\ Toscelik then
challenged the Department's 2012 Final Results, contending that the
results of its challenge to the rate from the 2011 Final Results should
extent to the rate the Department assigned Toscelik for the 2012 POR.
At issue in the instant litigation was whether the Department should
apply the rate the Department determined in the 2011 Amended Final
Results to the 2012 Final Results, instead of the rate originally
assigned to Toscelik, notwithstanding that Toscelik failed to exhaust
its administrative remedies on this issue.
---------------------------------------------------------------------------
\7\ See 2012 Final Results.
\8\ See Circular Welded Carbon Steel Pipes and Tubes From
Turkey: Final Results of Countervailing Duty Administrative Review;
Calendar Year 2011; 78 FR 64916, dated October 30, 2013.
\9\ See Circular Welded Carbon Steel Pipes and Tubes From Turkey
Toscelik Profil ve Sac Endustrisi AS v. United States Court No. 13-
00371; Slip Op. 14-126 (CIT 2014), dated February 13, 2015.
---------------------------------------------------------------------------
The Court held that absent the administrative record underlying the
2011 subsidy rate (pulled forward to 2012), Toscelik lacked an argument
``that could have resulted in redress of the error in the eleventh
review.'' \10\ The Court further held that the 2012 determination with
regard to Toscelik represented a ``derivative action'' that ``turns
wholly on the lawfulness vel non of the {2011 review{time} .'' \11\ The
Court, thus, considered that in this case the law did not require
Toscelik to file an administrative brief merely to preserve the right
to appeal and directed Commerce to consider in its remand the
[[Page 36268]]
amended final results of the 2011 review.
---------------------------------------------------------------------------
\10\ See Toscelik I, at 10.
\11\ Id. at 11.
---------------------------------------------------------------------------
On April 15, 2016, the Department filed the Final Remand Results
with the Court, in which it assigned Toscelik for the 2012 review
Toscelik's amended de minimis rate from the 2011 Amended Final Results,
which was de minimis.\12\ On May 11, 2016, the Court entered judgment
sustaining the Final Remand Results.\13\
---------------------------------------------------------------------------
\12\ See Final Remand Results at 5-6. While subject to the 2011
review, Toscelik was not selected for individual examination.
\13\ See Toscelik II at 1.
---------------------------------------------------------------------------
Timken Notice
In Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, 626
F.3d at 1381, 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 Court's judgment in Toscelik II
sustaining the Final Remand Results constitutes a final decision of the
Court that is not in harmony with the Department's 2012 Final Results.
This notice is published in fulfillment of the publication requirement
of Timken.
Amended Final Results
Because there is now a final court decision, the Department is
amending the 2012 Final Results with respect to Toscelik. The revised
net subsidy rate for Toscelik during the period January 1, 2012,
through December 31, 2012, is as follows:
------------------------------------------------------------------------
Producer/exporter Total net subsidy rate
------------------------------------------------------------------------
Toscelik Profil ve Sac Endustrisi A.S..... 0.44 percent, de minimis.
------------------------------------------------------------------------
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. In the event the Court's ruling is not appealed or, if
appealed, upheld in a final and conclusive court decision, the
Department will instruct U.S. Customs and Border Protection to assess
antidumping duties on unliquidated entries of subject merchandise
exported by the above listed exporters at the rate listed above.
Cash Deposit Requirements
Since the 2012 Final Results, the Department has established a new
cash deposit rate for Toscelik.\14\ Therefore, the cash deposit rate
for Toscelik does not need to be updated as a result of these amended
final results.
---------------------------------------------------------------------------
\14\ See Circular Welded Carbon Steel Pipes and Tubes From
Turkey: Final Results of Countervailing Duty Administrative Review;
Calendar Year 2013 and Rescission of Countervailing Duty
Administrative Review, in Part, 80 FR 61361 (October 13, 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: May 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-13282 Filed 6-3-16; 8:45 am]
BILLING CODE 3510-DS-P