Certain Oil Country Tubular Goods From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Determination, 59603-59604 [2016-20839]

Download as PDF Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices Dated: August 24, 2016. Andrew McGilvray, Executive Secretary. that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board’s regulations, including Section 400.14. [FR Doc. 2016–20840 Filed 8–29–16; 8:45 am] BILLING CODE 3510–DS–P Dated: August 24, 2016. Andrew McGilvray, Executive Secretary. DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [FR Doc. 2016–20841 Filed 8–29–16; 8:45 am] [B–26–2016] BILLING CODE 3510–DS–P Foreign-Trade Zone (FTZ) 76— Bridgeport, Connecticut; Authorization of Production Activity; ASML US, Inc. (Optical, Metrology, and Lithography System Modules); Newtown and Wilton, Connecticut On April 26, 2016, ASML US, Inc. submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board for its facilities within Subzone 76A, in Newtown and Wilton, Connecticut. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (81 FR 27085–27086, May 5, 2016). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board’s regulations, including Section 400.14. Dated: August 24, 2016. Andrew McGilvray, Executive Secretary. [FR Doc. 2016–20843 Filed 8–29–16; 8:45 am] BILLING CODE 3510–DS–P [B–28–2016] mstockstill on DSK3G9T082PROD with NOTICES Foreign-Trade Zone (FTZ) 26—Atlanta, Georgia; Authorization of Production Activity; Eastman Kodak Company; Subzone 26N (Aluminum Printing Plates); Columbus, Georgia On April 26, 2016, Georgia Foreign Trade Zone, Inc., grantee of FTZ 26, submitted a notification of proposed production activity to the FTZ Board on behalf of Eastman Kodak Company, within Subzone 26N in Columbus, Georgia. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (81 FR 28051, May 9, 2016). The FTZ Board has determined Jkt 238001 [A–580–870] Certain Oil Country Tubular Goods From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 2, 2016, the United States Court of International Trade (the CIT) sustained the Department of Commerce (the Department)’s final results of redetermination concerning the lessthan-fair-value (LTFV) investigation of certain oil country tubular goods (OCTG) from the Republic of Korea. The Department is notifying the public that the CIT’s final judgment in this case is not in harmony with the Department’s final determination in the LTFV investigation, and that the Department is amending the weighted-average dumping margins from the final determination. AGENCY: Effective: August 12, 2016. FOR FURTHER INFORMATION CONTACT: Foreign-Trade Zones Board 20:04 Aug 29, 2016 International Trade Administration DATES: DEPARTMENT OF COMMERCE VerDate Sep<11>2014 DEPARTMENT OF COMMERCE Deborah Scott or Victoria Cho, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2657 or (202) 482– 5075, respectively. SUPPLEMENTARY INFORMATION: Background On July 18, 2014, the Department published the Final Determination in the LTFV investigation of OCTG from the Republic of Korea.1 Subsequently, various interested parties timely filed complaints with the CIT to challenge 1 See Certain Oil Country Tubular Goods from the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances, 79 FR 41983 (July 18, 2014) (Final Determination). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 59603 certain aspects of the Department’s Final Determination. On September 2, 2015, the CIT issued its Remand Order, directing the Department to reconsider certain aspects of the constructed value (CV) profit rate calculation used in the dumping margin analysis. Specifically, the Court instructed the Department to: (1) Either remove the financial statements of Tenaris, S.A. (Tenaris) from the record and not use them in the CV profit calculation, or, alternatively, rectify the alleged prejudice from acceptance of such statements; (2) either exclude from consideration or, alternatively, explain the relevance of market conditions and testing and certification requirements to the determination of which products are in the same general category of merchandise as OCTG; and, (3) either calculate and apply a profit cap or, alternatively, explain why the data on the record cannot be used to calculate a ‘‘facts available’’ profit cap under 19 U.S.C. 1677b(e)(2)(B)(iii). In addition, the CIT found that the Department did not provide sufficient reasoning for declining to select ILJIN Steel Corporation (ILJIN) as a mandatory respondent, and thus ordered the Department to reconsider the issue of whether the two selected respondents (Hyundai Steel Company (HYSCO) and NEXTEEL Co. Ltd. (NEXTEEL)), which produce only welded OCTG, were representative of the Korean industry. As part of this remand, the Court directed the Department to consider information on the record that is probative of the difference between welded and seamless OCTG, including costs and pricing.2 After the CIT issued its Remand Order, the Department re-opened the record to allow all interested parties to submit new factual information and comment on the issue of CV profit (including the application of the profit cap) in the event the Department relied upon the alternative CV profit methodology provided for under 19 U.S.C. 1677b(e)(2)(B)(iii). On February 22, 2016, the Department issued its Final Redetermination, in which it provided further explanation of which products are in the same general category of merchandise as OCTG and why the revised calculated CV profit rate in the Final Redetermination is also appropriately applied as the profit cap based upon the available facts. The Department also revised the CV profit rate calculation, basing it on the average of the profit rates in the 2012 financial 2 See Husteel Co., Ltd., et al., v. United States, Consol. Court No. 14–00215, Slip. Op. 15–100 (Ct. Int’l Trade Sept. 2, 2015) (Remand Order). E:\FR\FM\30AUN1.SGM 30AUN1 59604 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices statements of Tenaris and OAO TMK, a Russian producer/exporter of OCTG. As a result, the weighted-average dumping margins changed for HYSCO, NEXTEEL, and all other Korean exporters and producers. In the Final Redetermination, the Department also explained the basis for exercising its discretion to select mandatory respondents using the largest volume method, including the requisite analysis of record evidence, and therefore why it was appropriate not to select ILJIN as a mandatory respondent in the underlying investigation.3 On August 2, 2016, the CIT upheld the Department’s Final Redetermination in full.4 Timken Notice In its decision in Timken,5 as clarified by Diamond Sawblades,6 the United States Court of Appeals for the Federal Circuit has 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 CIT’s August 2, 2016 judgment sustaining the Final Redetermination constitutes a final decision of that court which is not in harmony with the Department’s Final Determination. This notice is published in fulfillment of the publication requirement of Timken. Amended Final Determination Because there is now a final court decision, the Department is amending the Final Determination with respect to the weighted-average dumping margins for NEXTEEL, HYSCO, and all other Korean exporters and producers for the period July 1, 2012 through June 30, 2013, effective August 12, 2016. The revised weighted-average dumping margins are as follows: Exporter or producer Weightedaverage dumping margin (percent) mstockstill on DSK3G9T082PROD with NOTICES Hyundai HYSCO 7 ................ 6.49 3 See Final Redetermination Pursuant to Court Remand in Husteel Co., Ltd., et al., v. United States, Consol. Court No. 14–00215, dated February 22, 2016 (Final Redetermination). The Final Redetermination is accessible at http:// enforcement.trade.gov/remands/15-100.pdf. 4 See Husteel Co., Ltd., et al., v. United States, Consol. Court No. 14–00215, Slip. Op. 16–76 (Ct. Int’l Trade Aug. 2, 2016). 5 See Timken Co., v United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 6 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 20:04 Aug 29, 2016 Jkt 238001 Thursday September 15, 2016, from 8:00 a.m. to 3:30 p.m. Eastern Time. Exporter or producer DATES: The meeting will be held Thursday, September 15, 2016, from 8:00 a.m. to 3:30 p.m. Eastern Time. NEXTEEL Co. Ltd. ............... 3.98 ADDRESSES: The meeting will be held at All-Others .............................. 5.24 the Detroit Marriott at the Renaissance Center, 400 Renaissance Dr. W., Detroit, Accordingly, the Department will Michigan 48243. Please note admittance continue the suspension of liquidation instructions in the SUPPLEMENTARY of the subject merchandise pending the INFORMATION section below. expiration of the period of appeal or, if FOR FURTHER INFORMATION, CONTACT: appealed, pending a final and Cheryl L. Gendron, Manufacturing conclusive court decision. Extension Partnership, National Institute of Standards and Technology, Cash Deposit Requirements 100 Bureau Drive, Mail Stop 4800, Since the Final Determination, the Gaithersburg, Maryland 20899–4800, Department has not established a new cash deposit rate for HYSCO, NEXTEEL, telephone number (301) 975–2785, email: Cheryl.Gendron@nist.gov. or all other Korean exporters and SUPPLEMENTARY INFORMATION: The MEP producers. As a result, in accordance Advisory Board (Board) is authorized with section 735(c)(1)(B) of the Act, the under Section 3003(d) of the America Department will instruct U.S. Customs COMPETES Act (Pub. L. 110–69); and Border Protection to collect cash codified at 15 U.S.C. 278k(e), as deposits at the rates for entries of subject merchandise in accordance with amended, in accordance with the provisions of the Federal Advisory the rates for exporters and producers Committee Act, as amended, 5 U.S.C. listed above in this notice, effective App. The Hollings MEP Program is a August 12, 2016. This notice is issued and published in unique program, consisting of centers across the United States and Puerto Rico accordance with sections 516(A)(e), with partnerships at the state, federal, 735(d), and 777(i)(1) of the Act. and local levels. The Board provides the Dated: August 24, 2016. Hollings MEP advice and assessments Paul Piquado, on programs, plans, and policies Assistant Secretary for Enforcement & focused on supporting and growing the Compliance. U.S. manufacturing industry, provides [FR Doc. 2016–20839 Filed 8–29–16; 8:45 am] advice on MEP programs, plans, and BILLING CODE 3510–DS–P policies, assesses the soundness of MEP plans and strategies, and assesses current performance against MEP DEPARTMENT OF COMMERCE program plans. Background information on the Board National Institute of Standards and is available at http://www.nist.gov/mep/ Technology about/advisory-board.cfm. Pursuant to the Federal Advisory Manufacturing Extension Partnership Committee Act, as amended, 5 U.S.C. Advisory Board App., notice is hereby given that the AGENCY: National Institute of Standards MEP Advisory Board will hold an open and Technology, Commerce meeting on Thursday, September 15, ACTION: Notice of open meeting. 2016, from 8:00 a.m. to 3:30 p.m. Eastern Time. This meeting will focus SUMMARY: The National Institute of on several topics. The Board will Standards and Technology (NIST) receive an update on NIST MEP announces that the Manufacturing programmatic operations, as well as Extension Partnership (MEP) Advisory provide guidance and advice to MEP Board will hold an open meeting on senior management on the drafting of the 2017–2022 Strategic Plan. The Board 7 On July 18, 2016, the Department published the will also provide input to MEP on notice of initiation and expedited preliminary developing protocols that will connect results of a changed circumstances review in which it preliminarily determined that Hyundai Steel Co. user facilities, research, and Ltd. is the successor-in-interest to Hyundai HYSCO. technologies at NIST and other federal See Certain Oil Country Tubular Goods From the laboratories with the help of the MEP Republic of Korea: Initiation and Expedited network to support small and mid-size Preliminary Results of Changed Circumstances Review, 81 FR 46645 (July 18, 2016). If the manufacturers, and make Department upholds these preliminary results in its recommendations on the establishment final results, Hyundai Steel Co. Ltd. will be entitled of an MEP Learning Organization. This to the antidumping duty deposit rate currently encompasses an effort to strengthen assigned to Hyundai HYSCO with respect to the subject merchandise. connections by sharing best practices PO 00000 Weightedaverage dumping margin (percent) Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59603-59604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20839]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]


Certain Oil Country Tubular Goods From the Republic of Korea: 
Notice of Court Decision Not in Harmony With Final Determination

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

SUMMARY: On August 2, 2016, the United States Court of International 
Trade (the CIT) sustained the Department of Commerce (the Department)'s 
final results of redetermination concerning the less-than-fair-value 
(LTFV) investigation of certain oil country tubular goods (OCTG) from 
the Republic of Korea. The Department is notifying the public that the 
CIT's final judgment in this case is not in harmony with the 
Department's final determination in the LTFV investigation, and that 
the Department is amending the weighted-average dumping margins from 
the final determination.

DATES: Effective: August 12, 2016.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Victoria Cho, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2657 or (202) 482-5075, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 18, 2014, the Department published the Final Determination 
in the LTFV investigation of OCTG from the Republic of Korea.\1\ 
Subsequently, various interested parties timely filed complaints with 
the CIT to challenge certain aspects of the Department's Final 
Determination. On September 2, 2015, the CIT issued its Remand Order, 
directing the Department to reconsider certain aspects of the 
constructed value (CV) profit rate calculation used in the dumping 
margin analysis. Specifically, the Court instructed the Department to: 
(1) Either remove the financial statements of Tenaris, S.A. (Tenaris) 
from the record and not use them in the CV profit calculation, or, 
alternatively, rectify the alleged prejudice from acceptance of such 
statements; (2) either exclude from consideration or, alternatively, 
explain the relevance of market conditions and testing and 
certification requirements to the determination of which products are 
in the same general category of merchandise as OCTG; and, (3) either 
calculate and apply a profit cap or, alternatively, explain why the 
data on the record cannot be used to calculate a ``facts available'' 
profit cap under 19 U.S.C. 1677b(e)(2)(B)(iii). In addition, the CIT 
found that the Department did not provide sufficient reasoning for 
declining to select ILJIN Steel Corporation (ILJIN) as a mandatory 
respondent, and thus ordered the Department to reconsider the issue of 
whether the two selected respondents (Hyundai Steel Company (HYSCO) and 
NEXTEEL Co. Ltd. (NEXTEEL)), which produce only welded OCTG, were 
representative of the Korean industry. As part of this remand, the 
Court directed the Department to consider information on the record 
that is probative of the difference between welded and seamless OCTG, 
including costs and pricing.\2\
---------------------------------------------------------------------------

    \1\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Final Determination of Sales at Less Than Fair Value and 
Negative Final Determination of Critical Circumstances, 79 FR 41983 
(July 18, 2014) (Final Determination).
    \2\ See Husteel Co., Ltd., et al., v. United States, Consol. 
Court No. 14-00215, Slip. Op. 15-100 (Ct. Int'l Trade Sept. 2, 2015) 
(Remand Order).
---------------------------------------------------------------------------

    After the CIT issued its Remand Order, the Department re-opened the 
record to allow all interested parties to submit new factual 
information and comment on the issue of CV profit (including the 
application of the profit cap) in the event the Department relied upon 
the alternative CV profit methodology provided for under 19 U.S.C. 
1677b(e)(2)(B)(iii). On February 22, 2016, the Department issued its 
Final Redetermination, in which it provided further explanation of 
which products are in the same general category of merchandise as OCTG 
and why the revised calculated CV profit rate in the Final 
Redetermination is also appropriately applied as the profit cap based 
upon the available facts. The Department also revised the CV profit 
rate calculation, basing it on the average of the profit rates in the 
2012 financial

[[Page 59604]]

statements of Tenaris and OAO TMK, a Russian producer/exporter of OCTG. 
As a result, the weighted-average dumping margins changed for HYSCO, 
NEXTEEL, and all other Korean exporters and producers. In the Final 
Redetermination, the Department also explained the basis for exercising 
its discretion to select mandatory respondents using the largest volume 
method, including the requisite analysis of record evidence, and 
therefore why it was appropriate not to select ILJIN as a mandatory 
respondent in the underlying investigation.\3\ On August 2, 2016, the 
CIT upheld the Department's Final Redetermination in full.\4\
---------------------------------------------------------------------------

    \3\ See Final Redetermination Pursuant to Court Remand in 
Husteel Co., Ltd., et al., v. United States, Consol. Court No. 14-
00215, dated February 22, 2016 (Final Redetermination). The Final 
Redetermination is accessible at http://enforcement.trade.gov/remands/15-100.pdf.
    \4\ See Husteel Co., Ltd., et al., v. United States, Consol. 
Court No. 14-00215, Slip. Op. 16-76 (Ct. Int'l Trade Aug. 2, 2016).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\ 
the United States Court of Appeals for the Federal Circuit has 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 
CIT's August 2, 2016 judgment sustaining the Final Redetermination 
constitutes a final decision of that court which is not in harmony with 
the Department's Final Determination. This notice is published in 
fulfillment of the publication requirement of Timken.
---------------------------------------------------------------------------

    \5\ See Timken Co., v United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \6\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Determination

    Because there is now a final court decision, the Department is 
amending the Final Determination with respect to the weighted-average 
dumping margins for NEXTEEL, HYSCO, and all other Korean exporters and 
producers for the period July 1, 2012 through June 30, 2013, effective 
August 12, 2016. The revised weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                        dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Hyundai HYSCO \7\.......................................            6.49
NEXTEEL Co. Ltd.........................................            3.98
All-Others..............................................            5.24
------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \7\ On July 18, 2016, the Department published the notice of 
initiation and expedited preliminary results of a changed 
circumstances review in which it preliminarily determined that 
Hyundai Steel Co. Ltd. is the successor-in-interest to Hyundai 
HYSCO. See Certain Oil Country Tubular Goods From the Republic of 
Korea: Initiation and Expedited Preliminary Results of Changed 
Circumstances Review, 81 FR 46645 (July 18, 2016). If the Department 
upholds these preliminary results in its final results, Hyundai 
Steel Co. Ltd. will be entitled to the antidumping duty deposit rate 
currently assigned to Hyundai HYSCO with respect to the subject 
merchandise.
---------------------------------------------------------------------------

Cash Deposit Requirements

    Since the Final Determination, the Department has not established a 
new cash deposit rate for HYSCO, NEXTEEL, or all other Korean exporters 
and producers. As a result, in accordance with section 735(c)(1)(B) of 
the Act, the Department will instruct U.S. Customs and Border 
Protection to collect cash deposits at the rates for entries of subject 
merchandise in accordance with the rates for exporters and producers 
listed above in this notice, effective August 12, 2016.
    This notice is issued and published in accordance with sections 
516(A)(e), 735(d), and 777(i)(1) of the Act.

    Dated: August 24, 2016.
Paul Piquado,
Assistant Secretary for Enforcement & Compliance.
[FR Doc. 2016-20839 Filed 8-29-16; 8:45 am]
 BILLING CODE 3510-DS-P