Oil Country Tubular Goods From the People's Republic of China: Notice of Court Decision Not in Harmony With the Amended Final Determination of the Countervailing Duty Investigation, 25770-25771 [2017-11562]

Download as PDF 25770 Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices the separate rate in this review if both mandatory respondents earn de minimis rates iv. Comment 4: Consideration of Power Dekor’s no shipment certification v. Comment 5: Inclusion of Fine Furniture’s affiliate’s name in customs instructions and Federal Register Notice vi. Comment 6: Treatment of Fusong Jinlong group as a single entity vii. Comment 7: Overstatement of water SV viii. Comment 8: Overstatement of NV or understatement of export price ix. Comment 9: The Department must correct the Jatoba and Red Oak surrogate values x. Comment 10: The Department should correct its valuation of Senmao’s wood veneers xi. Comment 11: Glue surrogate value xii. Comment 12: Senmao’s by product offset for wood scrap xiii. Comment 13: The Department should correct the surrogate value references for plastic strip and overlaying glue in Senmao’s margin calculations xiv. Comment 14: Senmao’s plywood surrogate value [FR Doc. 2017–11561 Filed 6–2–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–944] Oil Country Tubular Goods From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Amended Final Determination of the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: On May 3, 2017, the United States Court of International Trade (CIT or the Court) entered final judgment sustaining the Department of Commerce’s (Department) final remand redetermination concerning the countervailing duty (CVD) investigation of oil country tubular goods (OCTG) from the People’s Republic of China (PRC). The Department is notifying the public of that the Court’s final judgment in this case is not in harmony with the Department’s amended final determination with respect to Jiangsu Changbao Steel Tube Co., Ltd. asabaliauskas on DSKBBXCHB2PROD with NOTICES AGENCY: 1 See Certain Oil Country Tubular Goods from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, Final Affirmative Critical Circumstances Determination, 74 FR 64045 (December 7, 2009) (Final Determination). 2 See Certain Oil Country Tubular Goods from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and VerDate Sep<11>2014 17:31 Jun 02, 2017 Jkt 241001 (Changbao), Tianjin Pipe (Group) Co. (TPCO), Wuxi Seamless Oil Pipe Co., Ltd. (Wuxi), and Zhejiang Jianli Enterprise Co., Ltd. (Jianli), and all other exporters and producers. DATES: Effective May 13, 2017. FOR FURTHER INFORMATION CONTACT: Aimee Phelan or Jennifer Shore, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–0697 or (202) 482–2778, respectively. SUPPLEMENTARY INFORMATION: Background On December 7, 2009, the Department published its final determination in the CVD investigation of OCTG from the PRC.1 On January 20, 2010, the Department published an amended final determination and the CVD order.2 The Court remanded aspects of the Department’s findings for further consideration.3 In particular, in the Remand and Opinion Order, the CIT ordered the Department to clarify or reconsider: (1) Its use of the date of the PRC accession to the World Trade Organization (WTO) as a uniform cut-off date for identifying and measuring subsidies in the PRC; (2) its attribution methodology for subsidies received by certain of Changbao’s and TPCO’s subsidiaries; (3) its decision to include Jianli’s freight quote in the benchmark price for steel rounds and billets; and (4) its decision not to tie the benefit received by TPCO from the provision of steel rounds and billets at less-thanadequate remuneration to its sales of seamless steel pipe.4 Finally, the Court granted the Department’s request for a voluntary remand to recalculate the benchmark for steel rounds without Steel Business Briefing (SBB) East Asia pricing data.5 On December 20, 2016, the Department issued its Remand Redetermination.6 In its Remand Redetermination, the Department: (1) Evaluated certain subsidies and determined a date prior to the WTO accession date on which subsidies provided to the respondents could be Countervailing Duty Order, 75 FR 3203 (January 20, 2010) (Amended Final Determination and Order). 3 See TMK IPSCO et al. v. United States, Consol. Court No. 10–00055, Slip Op. 16–62 (CIT June 24, 2016) (Remand Opinion and Order). 4 See Remand Opinion and Order, at 57. 5 Id., at 58. 6 See Final Results of Remand Redetermination, Court No. 10–00055, dated December 20, 2016, PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 identified and measured for purposes of the remand; (2) changed the methodology for attributing to Changbao and TPCO subsidies provided to certain of their subsidiaries; (3) continued to find that the freight rates used by the Department in the investigation to adjust the benchmark for steel rounds are representative of what an importer paid or would pay if it imported the product; (4) clarified the finding that the provision of steel rounds was not tied to TPCO’s seamless steel pipe production; and (5) removed SBB East Asia pricing data from the benchmark for steel rounds. The resulting calculations changed the CVD rates calculated for Changbao, Jianli, TPCO, and Wuxi, as well as their respective cross-owned companies, and the all-others rate. On May 3, 2017, the CIT sustained the Department’s Remand Redetermination.7 In particular, the Court held that the Remand Redetermination ‘‘adequately address{ed} the concerns raised in the court’s prior decision’’ and was ‘‘supported by substantial evidence.’’ 8 Timken Notice In its decision in Timken,9 as clarified by Diamond Sawblades,10 the United States Court of Appeals for the Federal Circuit (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 May 3, 2017, final judgment affirming the Remand Redetermination constitutes a final decision of that court which is not in harmony with the Amended Final Determination and Order. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Determination As there is now final court decision, the Department amends its Amended Final Determination and Order. The Department finds that the following revised net countervailable subsidy rates exist: available at: http://ia.ita.doc.gov/remands/ (Remand Redetermination). 7 See TMK IPSCO v. United States, Consol. Court No. 10–00055, Slip Op. 17–54 (CIT May 3, 2017). 8 Id. at 3. 9 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 10 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\05JNN1.SGM 05JNN1 25771 Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices Net subsidy rate (percent) Producer/exporter Jiangsu Changbao Steel Tube Co. and Jiangsu Changbao Precision Steel Tube Co., Ltd .............................................................. Tianjin Pipe (Group) Co., Tianjin Pipe Iron Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product Co., Ltd., Tianjin Pipe International Economic and Trading Co., Ltd., and TPCO Charging Development Co., Ltd ......................................................... Wuxi Seamless Pipe Co, Ltd., Jiangsu Fanli Steel Pipe Co, Ltd., Tuoketuo County Mengfeng Special Steel Co., Ltd ................... Zhejiang Jianli Enterprise Co., Ltd., Zhejiang Jianli Steel Steel Tube Co., Ltd., Zhuji Jiansheng Machinery Co., Ltd., and Zhejiang Jianli Industry Group Co., Ltd ........................................................................................................................................... All-Others ............................................................................................................................................................................................. Cash Deposit Requirements DEPARTMENT OF COMMERCE Because there has been a subsequent administrative review for Wuxi, the cash deposit rate for Wuxi will remain the rate established in the final results of the 2012 administrative review, which is 59.29 percent.11 Because there have been no subsequent administrative reviews for Changbao, TPCO, and Jianli, the Department will instruct U.S. Customs and Border Protection (CBP) to set the cash deposit rates for these companies to the rates listed above, again, pending a final and conclusive court decision.12 Pursuant to section 705(c)(5)(A) of the Act, companies not individually investigated are assigned an ‘‘all-others’’ countervailable duty rate. As a general rule, the all-others rate is equal to the weighted average countervailable subsidy rates established for individually investigated producers and producers, excluding any zero and de minimis countervailable subsidy rates.13 The Department will instruct CBP that the ‘‘all-others’’ cash deposit rate is to be amended to reflect the weightedaverage of the revised subsidy rates calculated for Changbao, TPCO, Wuxi, and Jianli, as listed above. This notice is issued and published in accordance with sections 516A(e)(1), 705(c)(1)(B), and 777(i)(1) of the Act. International Trade Administration Dated: May 30, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–11562 Filed 6–2–17; 8:45 am] BILLING CODE 3510–DS–P asabaliauskas on DSKBBXCHB2PROD with NOTICES 11 See Certain Oil Country Tubular Goods from the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2012, 79 FR 52301 (September 3, 2014). 12 As explained in the Remand Redetermination, the Department established new cash deposit rates for TPCO and all-others in proceedings conducted under section 129 of the Uruguay Round Agreements Act. See Implementation of Determinations Pursuant to Section 129 of the Uruguay Round Agreements Act, 81 FR 37180, 37182 (June 9, 2016). The Department used these revised rates as the basis for calculating revised cash deposit rates in the Remand Redetermination. See Remand Redetermination at 56. 13 See section 705(c)(5)(A)(i) of the Act. VerDate Sep<11>2014 17:31 Jun 02, 2017 Jkt 241001 [C–475–837; C–489–832] Carbon and Alloy Steel Wire Rod From Italy and the Republic of Turkey: Postponement of Preliminary Determinations of Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Commerce. AGENCY: DATES: Effective June 5, 2017. John Corrigan and Yasmin Bordas at (202) 482–7438 and (202) 482–3813, respectively (Italy); Justin Neuman and Omar Qureshi at (202) 482–0486 and (202) 482–5307, respectively (Turkey), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On April 17, 2017, the Department of Commerce (Department) initiated countervailing duty investigations (CVD) on carbon and alloy steel wire rod from Italy and the Republic of Turkey (Turkey).1 Currently, the preliminary determinations of these investigations are due no later than June 21, 2017. Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in a CVD investigation within 65 days after the date on which the Department initiated the investigation. However, if the petitioner makes a timely request for a postponement, section 703(c)(1)(A) of the Act allows the Department to postpone making the preliminary determination until no later than 130 1 See Carbon and Alloy Steel Wire Rod from Italy and Turkey: Initiation of Countervailing Duty Investigations, 82 FR 19213 (April 26, 2017). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 28.70 21.48 29.48 30.56 27.08 days after the date on which the Department initiated the investigation. On May 25, 2017, Nucor Corporation (Nucor), a petitioner in the underlying investigation, submitted timely requests pursuant to section 703(c)(1)(A) of the Act and 19 CFR 351.205(e) to postpone the preliminary determinations.2 For the reasons stated above and because there are no compelling reasons to deny the requests, the Department, in accordance with section 703(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations to no later than 130 days after the day on which the investigations were initiated. Accordingly, the Department will issue the preliminary determinations no later than August 25, 2017. In accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: May 30, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–11563 Filed 6–2–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–832] Pure Magnesium From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Commerce. AGENCY: 2 See Nucor letter re: Carbon and Certain Alloy Steel Wire Rod from Italy: Request to Postpone Preliminary Determination, dated May 25, 2017 (C– 475–837); see also Nucor letter re: Carbon and Certain Alloy Steel Wire Rod from the Republic of Turkey: Request to Postpone Preliminary Determination, dated May 25, 2017 (C–489–832). E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25770-25771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11562]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-944]


Oil Country Tubular Goods From the People's Republic of China: 
Notice of Court Decision Not in Harmony With the Amended Final 
Determination of the Countervailing Duty Investigation

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

SUMMARY: On May 3, 2017, the United States Court of International Trade 
(CIT or the Court) entered final judgment sustaining the Department of 
Commerce's (Department) final remand redetermination concerning the 
countervailing duty (CVD) investigation of oil country tubular goods 
(OCTG) from the People's Republic of China (PRC). The Department is 
notifying the public of that the Court's final judgment in this case is 
not in harmony with the Department's amended final determination with 
respect to Jiangsu Changbao Steel Tube Co., Ltd. (Changbao), Tianjin 
Pipe (Group) Co. (TPCO), Wuxi Seamless Oil Pipe Co., Ltd. (Wuxi), and 
Zhejiang Jianli Enterprise Co., Ltd. (Jianli), and all other exporters 
and producers.

DATES: Effective May 13, 2017.

FOR FURTHER INFORMATION CONTACT: Aimee Phelan or Jennifer Shore, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-0697 or (202) 482-2778, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2009, the Department published its final 
determination in the CVD investigation of OCTG from the PRC.\1\ On 
January 20, 2010, the Department published an amended final 
determination and the CVD order.\2\
---------------------------------------------------------------------------

    \1\ See Certain Oil Country Tubular Goods from the People's 
Republic of China: Final Affirmative Countervailing Duty 
Determination, Final Affirmative Critical Circumstances 
Determination, 74 FR 64045 (December 7, 2009) (Final Determination).
    \2\ See Certain Oil Country Tubular Goods from the People's 
Republic of China: Amended Final Affirmative Countervailing Duty 
Determination and Countervailing Duty Order, 75 FR 3203 (January 20, 
2010) (Amended Final Determination and Order).
---------------------------------------------------------------------------

    The Court remanded aspects of the Department's findings for further 
consideration.\3\ In particular, in the Remand and Opinion Order, the 
CIT ordered the Department to clarify or reconsider: (1) Its use of the 
date of the PRC accession to the World Trade Organization (WTO) as a 
uniform cut-off date for identifying and measuring subsidies in the 
PRC; (2) its attribution methodology for subsidies received by certain 
of Changbao's and TPCO's subsidiaries; (3) its decision to include 
Jianli's freight quote in the benchmark price for steel rounds and 
billets; and (4) its decision not to tie the benefit received by TPCO 
from the provision of steel rounds and billets at less-than-adequate 
remuneration to its sales of seamless steel pipe.\4\ Finally, the Court 
granted the Department's request for a voluntary remand to recalculate 
the benchmark for steel rounds without Steel Business Briefing (SBB) 
East Asia pricing data.\5\
---------------------------------------------------------------------------

    \3\ See TMK IPSCO et al. v. United States, Consol. Court No. 10-
00055, Slip Op. 16-62 (CIT June 24, 2016) (Remand Opinion and 
Order).
    \4\ See Remand Opinion and Order, at 57.
    \5\ Id., at 58.
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    On December 20, 2016, the Department issued its Remand 
Redetermination.\6\ In its Remand Redetermination, the Department: (1) 
Evaluated certain subsidies and determined a date prior to the WTO 
accession date on which subsidies provided to the respondents could be 
identified and measured for purposes of the remand; (2) changed the 
methodology for attributing to Changbao and TPCO subsidies provided to 
certain of their subsidiaries; (3) continued to find that the freight 
rates used by the Department in the investigation to adjust the 
benchmark for steel rounds are representative of what an importer paid 
or would pay if it imported the product; (4) clarified the finding that 
the provision of steel rounds was not tied to TPCO's seamless steel 
pipe production; and (5) removed SBB East Asia pricing data from the 
benchmark for steel rounds. The resulting calculations changed the CVD 
rates calculated for Changbao, Jianli, TPCO, and Wuxi, as well as their 
respective cross-owned companies, and the all-others rate.
---------------------------------------------------------------------------

    \6\ See Final Results of Remand Redetermination, Court No. 10-
00055, dated December 20, 2016, available at: http://ia.ita.doc.gov/remands/ (Remand Redetermination).
---------------------------------------------------------------------------

    On May 3, 2017, the CIT sustained the Department's Remand 
Redetermination.\7\ In particular, the Court held that the Remand 
Redetermination ``adequately address{ed{time}  the concerns raised in 
the court's prior decision'' and was ``supported by substantial 
evidence.'' \8\
---------------------------------------------------------------------------

    \7\ See TMK IPSCO v. United States, Consol. Court No. 10-00055, 
Slip Op. 17-54 (CIT May 3, 2017).
    \8\ Id. at 3.
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Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ the United States Court of Appeals for the Federal 
Circuit (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 May 3, 2017, final judgment 
affirming the Remand Redetermination constitutes a final decision of 
that court which is not in harmony with the Amended Final Determination 
and Order. This notice is published in fulfillment of the publication 
requirements of Timken.
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    \9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination

    As there is now final court decision, the Department amends its 
Amended Final Determination and Order. The Department finds that the 
following revised net countervailable subsidy rates exist:

[[Page 25771]]



------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/exporter                     rate (percent)
------------------------------------------------------------------------
Jiangsu Changbao Steel Tube Co. and Jiangsu Changbao               28.70
 Precision Steel Tube Co., Ltd..........................
Tianjin Pipe (Group) Co., Tianjin Pipe Iron                        21.48
 Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product
 Co., Ltd., Tianjin Pipe International Economic and
 Trading Co., Ltd., and TPCO Charging Development Co.,
 Ltd....................................................
Wuxi Seamless Pipe Co, Ltd., Jiangsu Fanli Steel Pipe              29.48
 Co, Ltd., Tuoketuo County Mengfeng Special Steel Co.,
 Ltd....................................................
Zhejiang Jianli Enterprise Co., Ltd., Zhejiang Jianli              30.56
 Steel Steel Tube Co., Ltd., Zhuji Jiansheng Machinery
 Co., Ltd., and Zhejiang Jianli Industry Group Co., Ltd.
All-Others..............................................           27.08
------------------------------------------------------------------------

Cash Deposit Requirements

    Because there has been a subsequent administrative review for Wuxi, 
the cash deposit rate for Wuxi will remain the rate established in the 
final results of the 2012 administrative review, which is 59.29 
percent.\11\ Because there have been no subsequent administrative 
reviews for Changbao, TPCO, and Jianli, the Department will instruct 
U.S. Customs and Border Protection (CBP) to set the cash deposit rates 
for these companies to the rates listed above, again, pending a final 
and conclusive court decision.\12\
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    \11\ See Certain Oil Country Tubular Goods from the People's 
Republic of China: Final Results of Countervailing Duty 
Administrative Review; 2012, 79 FR 52301 (September 3, 2014).
    \12\ As explained in the Remand Redetermination, the Department 
established new cash deposit rates for TPCO and all-others in 
proceedings conducted under section 129 of the Uruguay Round 
Agreements Act. See Implementation of Determinations Pursuant to 
Section 129 of the Uruguay Round Agreements Act, 81 FR 37180, 37182 
(June 9, 2016). The Department used these revised rates as the basis 
for calculating revised cash deposit rates in the Remand 
Redetermination. See Remand Redetermination at 56.
---------------------------------------------------------------------------

    Pursuant to section 705(c)(5)(A) of the Act, companies not 
individually investigated are assigned an ``all-others'' 
countervailable duty rate. As a general rule, the all-others rate is 
equal to the weighted average countervailable subsidy rates established 
for individually investigated producers and producers, excluding any 
zero and de minimis countervailable subsidy rates.\13\ The Department 
will instruct CBP that the ``all-others'' cash deposit rate is to be 
amended to reflect the weighted-average of the revised subsidy rates 
calculated for Changbao, TPCO, Wuxi, and Jianli, as listed above.
---------------------------------------------------------------------------

    \13\ See section 705(c)(5)(A)(i) of the Act.
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    This notice is issued and published in accordance with sections 
516A(e)(1), 705(c)(1)(B), and 777(i)(1) of the Act.

    Dated: May 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-11562 Filed 6-2-17; 8:45 am]
 BILLING CODE 3510-DS-P