Certain Oil Country Tubular Goods From India: Amendment of Antidumping Duty Order, 28045-28046 [2017-12819]

Download as PDF Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices merchandise.7 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer- (or customer-) specific assessment rate is above de minimis. Where an importer(or customer-) specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporter listed above, the cash deposit rate will be the rate established in the final results of review; (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity, which is 128.94 percent; 8 and (4) for all nonPRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. The cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties sradovich on DSK3GMQ082PROD with NOTICES This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. 7 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 2012). 8 See Potassium Permanganate from the People’s Republic of China; Final Results of Antidumping Duty Administrative Review, 59 FR 26625 (May 23, 1994). VerDate Sep<11>2014 18:01 Jun 19, 2017 Jkt 241001 Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(l) and 777(i) of the Act. Dated: June 12, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Decision Memorandum Summary Case Issues Background Scope of the Order Discussion of the Issues Comment I International Movement Expenses Comment II Brokerage and Handling and Truck Freight Calculations Comment III Marine Insurance Calculation Comment IV Application of Rail Expense Comment V Currency Conversion Comment VI Drum FOP Comment VII Valuation of Manganese Dioxidee Comment VIII Deduction of VAT Recommendation [FR Doc. 2017–12822 Filed 6–19–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–857] Certain Oil Country Tubular Goods From India: Amendment of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, 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-thanAGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 28045 fair-value (LTFV) investigation of certain oil country tubular goods (OCTG) from India. This judgment was not appealed within the 60-day deadline, and became final and conclusive on May 15, 2017. The Department previously notified 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. Because the judgement in this case is final and conclusive, the Department is now amending its antidumping duty order on OCTG from India covering the period of investigation (POI) of July 1, 2012, through June 30, 2013, to exclude GVN Fuels Limited (GVN) from the order and revise the dumping margin for Jindal SAW, Limited (Jindal SAW). DATES: Effective 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 and Jindal SAW. On September 2, 2014, the International Trade Commission notified the Department of its affirmative determination that an industry in the United States was materially injured by reason of LTFV imports of OCTG from India.2 On September 10, 2014, the Department published the antidumping duty orders on OCTG from India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam,3 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 Letter from the ITC to the Department, dated September 2, 2014; see also Certain Oil Country Tubular Goods from India, Korea, Philippines, Taiwan, Thailand, Turkey, Ukraine, and Vietnam (Investigation Nos. 701–TA–499–500 and 731–TA– 1215–1217 and 1219–1223 (Final), USITC Publication 4489, September 2014). 3 See Certain Oil Country Tubular Goods from India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Amended Final Determination of Sales at E:\FR\FM\20JNN1.SGM Continued 20JNN1 28046 Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES and a correction on October 3, 2014.4 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.5 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.6 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.7 On August 31, 2016, the Department issued its final results of redetermination pursuant to remand, in accordance with the CIT’s order.8 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.9 Parties had 60 days to appeal the CIT’s judgement. No party appealed the decision. In response to the CIT’s March 16, 2017, decision, the Department published a notice of court decision that is not in harmony with a Department determination, and amended its Final Determination with respect to GVN and Jindal SAW.10 The revised weightedaverage dumping margin for GVN is 1.07 percent. The revised weightedaverage dumping margin for Jindal SAW is 11.24 percent. Neither GVN or Jindal SAW have a superseding cash deposit rate (e.g. from an administrative review) Less Than Fair Value, 79 FR 53691 (September 10, 2014) (Orders). 4 See Certain Oil Country Tubular Goods from India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Notice of Correction to the Antidumping Duty Orders With Respect to Turkey and the Socialist Republic of Vietnam, 79 FR 59740 (October 3, 2014). 5 See United States Steel Corp. v. United States, 179 F. Supp. 3d 1114 (CIT 2016) (US Steel). 6 See US Steel, 179 F. Supp. 3d at 1120. 7 Id. 8 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). 9 See United States Steel Corporation et al. v. United States, Slip Op. 17–28, Consolidated Court No. 14–00263 (CIT 2017). 10 See 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, 82 FR 17631 (April 12, 2017). VerDate Sep<11>2014 18:01 Jun 19, 2017 Jkt 241001 and, therefore, the Department issued amended cash deposit instructions to U.S. Customs and Border Protection on May 10, 2017.11 Amendment of the Order on OCTG From India The period to appeal the CIT’s decision has passed, and a final and conclusive court decision has been reached in this case. Therefore, the Department is amending the antidumping duty order 12 on OCTG from India to exclude from the order subject merchandise produced and exported by GVN because the revised weighted-average dumping margin for GVN is de minimis. This exclusion does not apply to merchandise produced by GVN and exported by any other company or merchandise produced by any other company and exported by GVN. Resellers of merchandise produced by GVN, are also not entitled to this exclusion. Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins are as follows: Exporter or producer Jindal SAW ........................... All Others ............................. Estimated weightedaverage dumping margins (percent) 13 11.24 5.79 Continuation of Suspension of Liquidation, in Part In accordance with section 735(c)(1)(B) of the Act, the Department has instructed CBP to continue to suspend liquidation on all relevant entries of OCTG from India.14 These instructions suspending liquidation will remain in effect until further notice. However, because the estimated weighted-average dumping margin for merchandise produced and exported by GVN’s is de minimis, the Department is directing U.S. Customs and Border Protection to liquidate all entries produced and exported by GVN currently suspended without regard to antidumping duties, and to not to suspend liquidation of entries of subject 11 See Message No. 7130310, dated May 10, 2017 (Message No. 7130310). 12 See Orders. 13 Cash deposit rates are lower than estimated weighted-average dumping margins due to offsets for export subsidies. 14 See Orders at 53692; see also Message No. 4262301, dated September 19, 2017, and Message No. 7130310. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 merchandise where GVN acted as both the producer and exporter. Entries of subject merchandise exported to the United States by any other producer and exporter combination involving GVN are not entitled to this exclusion from suspension of liquidation and are subject to the cash deposit rate for the all-others entity. Notification to Interested Parties This notice constitutes the amended antidumping duty order with respect OCTG from India. This notice is issued and published in accordance with sections 516A(e)(1) and 736(a) of the Act. Dated: June 14, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–12819 Filed 6–19–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Environmental Technologies Trade Advisory Committee (ETTAC) Public Meeting International Trade Administration, DOC. ACTION: Notice of Federal Advisory Committee Meeting. AGENCY: This notice sets forth the schedule and proposed agenda of a meeting of the Environmental Technologies Trade Advisory Committee (ETTAC). DATES: The meeting is scheduled for Tuesday, July 18, 2017 from 8:30 a.m.– 3:30 p.m. Eastern Daylight Time (EDT). The deadline for members of the public to register or to submit written comments for dissemination prior to the meeting is 5:00 p.m. EDT on Friday, July 7, 2017. The deadline for members of the public request auxiliary aids is 5:00 p.m. EDT on Tuesday, July 11, 2017. ADDRESSES: The meeting will be held in room 6057–59 at the U.S. Department of Commerce, Herbert Clark Hoover Building, 1401 Constitution Avenue NW., Washington, DC 20230. The address to register, submit comments, or request auxiliary aids is: Ms. Amy Kreps, Office of Energy & Environmental Industries (OEEI), International Trade Administration, Room 28018, 1401 Constitution Avenue NW., Washington, DC 20230 or email: amy.kreps@ trade.gov. SUMMARY: FOR FURTHER INFORMATION CONTACT: Amy Kreps, Office of Energy & E:\FR\FM\20JNN1.SGM 20JNN1 Ms.

Agencies

[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Notices]
[Pages 28045-28046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12819]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-857]


Certain Oil Country Tubular Goods From India: Amendment of 
Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
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. 
This judgment was not appealed within the 60-day deadline, and became 
final and conclusive on May 15, 2017. The Department previously 
notified 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. Because the judgement in this case is 
final and conclusive, the Department is now amending its antidumping 
duty order on OCTG from India covering the period of investigation 
(POI) of July 1, 2012, through June 30, 2013, to exclude GVN Fuels 
Limited (GVN) from the order and revise the dumping margin for Jindal 
SAW, Limited (Jindal SAW).

DATES: Effective 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 and Jindal SAW. On 
September 2, 2014, the International Trade Commission notified the 
Department of its affirmative determination that an industry in the 
United States was materially injured by reason of LTFV imports of OCTG 
from India.\2\ On September 10, 2014, the Department published the 
antidumping duty orders on OCTG from India, the Republic of Korea, 
Taiwan, the Republic of Turkey, and the Socialist Republic of 
Vietnam,\3\

[[Page 28046]]

and a correction on October 3, 2014.\4\ 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.\5\ 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.\6\ 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.\7\ On August 31, 2016, the 
Department issued its final results of redetermination pursuant to 
remand, in accordance with the CIT's order.\8\ 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.\9\ Parties had 60 days to appeal the CIT's 
judgement. No party appealed the decision.
---------------------------------------------------------------------------

    \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 Letter from the ITC to the Department, dated September 
2, 2014; see also Certain Oil Country Tubular Goods from India, 
Korea, Philippines, Taiwan, Thailand, Turkey, Ukraine, and Vietnam 
(Investigation Nos. 701-TA-499-500 and 731-TA-1215-1217 and 1219-
1223 (Final), USITC Publication 4489, September 2014).
    \3\ See Certain Oil Country Tubular Goods from India, the 
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist 
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil 
Country Tubular Goods From the Socialist Republic of Vietnam: 
Amended Final Determination of Sales at Less Than Fair Value, 79 FR 
53691 (September 10, 2014) (Orders).
    \4\ See Certain Oil Country Tubular Goods from India, the 
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist 
Republic of Vietnam: Notice of Correction to the Antidumping Duty 
Orders With Respect to Turkey and the Socialist Republic of Vietnam, 
79 FR 59740 (October 3, 2014).
    \5\ See United States Steel Corp. v. United States, 179 F. Supp. 
3d 1114 (CIT 2016) (US Steel).
    \6\ See US Steel, 179 F. Supp. 3d at 1120.
    \7\ Id.
    \8\ 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).
    \9\ See United States Steel Corporation et al. v. United States, 
Slip Op. 17-28, Consolidated Court No. 14-00263 (CIT 2017).
---------------------------------------------------------------------------

    In response to the CIT's March 16, 2017, decision, the Department 
published a notice of court decision that is not in harmony with a 
Department determination, and amended its Final Determination with 
respect to GVN and Jindal SAW.\10\ The revised weighted-average dumping 
margin for GVN is 1.07 percent. The revised weighted-average dumping 
margin for Jindal SAW is 11.24 percent. Neither GVN or Jindal SAW have 
a superseding cash deposit rate (e.g. from an administrative review) 
and, therefore, the Department issued amended cash deposit instructions 
to U.S. Customs and Border Protection on May 10, 2017.\11\
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    \10\ See 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, 82 FR 17631 
(April 12, 2017).
    \11\ See Message No. 7130310, dated May 10, 2017 (Message No. 
7130310).
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Amendment of the Order on OCTG From India

    The period to appeal the CIT's decision has passed, and a final and 
conclusive court decision has been reached in this case. Therefore, the 
Department is amending the antidumping duty order \12\ on OCTG from 
India to exclude from the order subject merchandise produced and 
exported by GVN because the revised weighted-average dumping margin for 
GVN is de minimis. This exclusion does not apply to merchandise 
produced by GVN and exported by any other company or merchandise 
produced by any other company and exported by GVN. Resellers of 
merchandise produced by GVN, are also not entitled to this exclusion.
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    \12\ See Orders.
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Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                             Estimated weighted- average
           Exporter or producer               dumping margins (percent)
                                                        \13\
------------------------------------------------------------------------
Jindal SAW................................  11.24
All Others................................  5.79
------------------------------------------------------------------------


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    \13\ Cash deposit rates are lower than estimated weighted-
average dumping margins due to offsets for export subsidies.
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Continuation of Suspension of Liquidation, in Part

    In accordance with section 735(c)(1)(B) of the Act, the Department 
has instructed CBP to continue to suspend liquidation on all relevant 
entries of OCTG from India.\14\ These instructions suspending 
liquidation will remain in effect until further notice. However, 
because the estimated weighted-average dumping margin for merchandise 
produced and exported by GVN's is de minimis, the Department is 
directing U.S. Customs and Border Protection to liquidate all entries 
produced and exported by GVN currently suspended without regard to 
antidumping duties, and to not to suspend liquidation of entries of 
subject merchandise where GVN acted as both the producer and exporter. 
Entries of subject merchandise exported to the United States by any 
other producer and exporter combination involving GVN are not entitled 
to this exclusion from suspension of liquidation and are subject to the 
cash deposit rate for the all-others entity.
---------------------------------------------------------------------------

    \14\ See Orders at 53692; see also Message No. 4262301, dated 
September 19, 2017, and Message No. 7130310.
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Notification to Interested Parties

    This notice constitutes the amended antidumping duty order with 
respect OCTG from India. This notice is issued and published in 
accordance with sections 516A(e)(1) and 736(a) of the Act.

     Dated: June 14, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-12819 Filed 6-19-17; 8:45 am]
 BILLING CODE 3510-DS-P

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