Certain Oil Country Tubular Goods From India: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances and Notice of Amended Final Determination, 17631 [2017-07362]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Page 17631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07362]



[[Page 17631]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-857]


Certain Oil Country Tubular Goods From India: Notice of Court 
Decision Not in Harmony With Final Determination of Sales at Less Than 
Fair Value and Final Negative Determination of Critical Circumstances 
and Notice of Amended Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 16, 2017, the United States Court of International 
Trade (CIT) entered final judgment sustaining the final results of 
remand redetermination pursuant to court order by the Department of 
Commerce (Department) pertaining to the less-than-fair-value (LTFV) 
investigation of certain oil country tubular goods (OCTG) from India. 
The Department is notifying the public that the final judgment in this 
case is not in harmony with the Department's final determination in the 
LTFV investigation of OCTG from India.

DATES: Effective Date: March 26, 2017.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4261.

SUPPLEMENTARY INFORMATION:

Background

    On July 18, 2014, the Department published its final determination 
of sales at LTFV and final negative determination of critical 
circumstances in this proceeding.\1\ The Department reached affirmative 
determinations for mandatory respondents GVN Fuels Limited (GVN) and 
Jindal SAW, Limited (Jindal SAW). U.S. Steel appealed the Final 
Determination to the CIT, and on May 5, 2016, the CIT sustained, in 
part, and remanded, in part, the Final Determination.\2\ The court 
remanded the Final Determination to the Department with respect to its 
differential pricing analysis, specifically the Department's 
application and explanation of its ratio test in this case, for further 
explanation and consideration.\3\ Further, the court remanded for 
further explanation and consideration the Department's determinations 
that: (1) Jindal SAW was unaffiliated with certain suppliers of inputs; 
(2) Jindal SAW's yield loss data reasonably reflected its costs of 
production; and (3) the highest COP in GVN's cost database should be 
assigned to its dual-grade products.\4\ On August 31, 2016, the 
Department issued its final results of redetermination pursuant to 
remand in accordance with the CIT's order.\5\ On remand, the Department 
revised the weighted-average dumping margins for both GVN and Jindal 
SAW. On March 16, 2017, the CIT sustained the Department's Final 
Redetermination.\6\
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    \1\ See Final Determination of Sales at Less Than Fair Value and 
Final Negative Determination of Critical Circumstances: Certain Oil 
Country Tubular Good from India, 79 FR 41981 (July 18, 2014) (Final 
Determination).
    \2\ See United States Steel Corp. v. United States, 179 F. Supp. 
3d 1114 (CIT 2016) (US Steel).
    \3\ See US Steel, 179 F. Supp. 3d at 1120.
    \4\ Id.
    \5\ See Final Results of Redetermination Pursuant to Remand, 
United States Steel Corporation et al. and Maverick Tube Corporation 
et al. v. United States, Consolidated Court No. 14-00263, dated 
August 31, 2017 (Final Redetermination).
    \6\ See United States Steel Corporation et al. v. United States, 
Slip Op. 17-28, Consolidated Court No. 14-00263 (CIT 2017).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
section 516A(c) of the Tariff Act of 1930, as amended (the Act), the 
Department must publish a notice of 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 March 16, 
2017, judgment constitutes a final decision of that court that is not 
in harmony with the Department's Final Determination. This notice is 
published in fulfillment of the publication requirements of Timken. 
Accordingly, the Department will continue suspension of liquidation of 
subject merchandise pending expiration of the period of appeal or, if 
appealed, pending a final and conclusive court decision.
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    \7\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination

    Because there is now a final court decision, the Department is 
amending the Final Determination with respect to GVN and Jindal SAW. 
The revised weighted-average dumping margins for GVN and Jindal SAW for 
the period July 1, 2012, through June 30, 2013, are as follows:

------------------------------------------------------------------------
                                       Weighted-average dumping margins
        Exporter or producer                     (percentage)
------------------------------------------------------------------------
GVN Fuels Limited...................  1.07 (de minimis).
Jindal SAW, Limited.................  11.24.
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    With respect to GVN, because we have calculated a de minimis 
weighted-average dumping margin, in the event the court's ruling is not 
appealed or, if appealed, upheld by a final and conclusive court 
decision, the Department will amend the order to exclude GVN's entries 
from further suspension of liquidation and will order all entries 
currently suspended to be liquidated without regard to dumping duties.

Amended Cash Deposit Rates

    Neither GVN nor Jindal SAW have a superseding cash deposit rate 
(e.g., from an administrative review) and, therefore, the Department 
will issue revised cash deposit instructions to U.S. Customs and Border 
Protection. For Jindal SAW, the revised cash deposit rate will be the 
rate indicated above, effective March 26, 2017. For GVN, because the 
revised weighted-average dumping margin is de minimis, the revised cash 
deposit rate will be zero, effective March 26, 2017.

Notification to Interested Parties

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

    Dated: April 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-07362 Filed 4-11-17; 8:45 am]
 BILLING CODE 3510-DS-P