Certain Oil Country Tubular Goods From India: Notice of Correction to Amended Final Determination and Amendment of Antidumping Duty Order, 35182-35183 [2017-15943]

Download as PDF 35182 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Notices Revocation of the Order Pursuant to section 735(c)(2) of the Act, ‘‘the investigation shall be terminated upon publication of that negative determination’’ and the Department shall ‘‘terminate the suspension of liquidation’’ and ‘‘release any bond or other security and refund any cash deposit.’’ 10 As a result of this amended final determination, the Department is hereby revoking the antidumping duty order and releasing any bonds or other security and refunding cash deposits with respect to Tension Steel. Pursuant to the Federal Circuit’s decision in Diamond Sawblades 11 and the CIT’s decision affirming the Department’s remand redetermination, the Department is revoking the antidumping duty order on OCTG from Taiwan because the revised weightedaverage dumping margin for Tension Steel is now zero, and because the Department also calculated a zero margin for the only other mandatory respondent in the underlying investigation. As a result of this revocation, the Department will not initiate any new administrative reviews of this antidumping duty Order.12 Although section 735(c)(2)(A) of the Act instructs the Department to terminate suspension of liquidation, here, because suspension of liquidation must continue during the pendency of the appeals process (in accordance with Timken and as discussed above), we will continue to instruct CBP at this time to (A) continue suspension at a cash deposit rate of zero percent until instructed otherwise; and (B) release any bond or other security, and refund any cash deposit made pursuant to OCTG From Taiwan: Antidumping Duty Order.13 In the event that the court’s ruling in the Final Remand Order is not appealed, or appealed and upheld by the CAFC, the Department will instruct CBP to terminate the suspension of 10 See sections 735(c)(2)(A) and (B) of the Act. Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades). 12 Currently there are no unfinished or ongoing administrative reviews of this order. Further, we rescinded the 2015/2016 administrative review on March 1, 2017, and this was the last administrative review completed in this proceeding. See Certain Oil Country Tubular Goods from Taiwan: Rescission of Antidumping Duty Administrative Review; 2015–2016, 82 FR 12197 (March 1, 2017). 13 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) (OCTG From Taiwan: Antidumping Duty Order). asabaliauskas on DSKBBXCHB2PROD with NOTICES 11 See VerDate Sep<11>2014 18:50 Jul 27, 2017 Jkt 241001 liquidation and to liquidate those entries of subject merchandise without regard to antidumping duties. Notwithstanding the continued suspension described above, the antidumping duty order on OCTG from Taiwan is hereby revoked, also described above. Notification to Interested Parties This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of the APO is a violation subject to sanction. This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1) and 777(i)(1) of the Act. Dated: July 24, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–15944 Filed 7–27–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–857] Certain Oil Country Tubular Goods From India: Notice of Correction to Amended Final Determination and Amendment of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 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 In the Final Determination, the Department determined that GVN Fuels Limited, Maharashtra Seamless Limited, and Jindal Pipes Limited are affiliated, pursuant to section 771(33)(F) of the Tariff Act of 1930, as amended (the Act), PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 and should be collapsed and treated as a single entity, pursuant to 19 CFR 351.401(f).1 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 investigation of certain oil country tubular goods (OCTG) from India.2 On April 12, 2017, the Department published the Amended Final Determination on OCTG from India.3 On June 20, 2017, the Department published the Amended Order.4 In both the Amended Final Determination and Amended Order, the Department inadvertently omitted a statement to explain that, consistent with the Final Determination,5 GVN Fuels Limited, Maharashtra Seamless Limited, and Jindal Pipes Limited should be treated as a single entity. Correction We are correcting the Amended Final Determination and Amended Order to clarify that GVN Fuels Limited, Maharashtra Seamless Limited, and Jindal Pipes Limited should be treated as a single entity (collectively, GVN or the GVN single entity). The sections of the Amended Final Determination and Amended Order explaining the suspension of liquidation and listing the weighted-average antidumping duty margins and cash deposit rates should have appeared as provided below. Correction to the Amended Final Determination Amended Final Determination Because there is now a final court decision, the Department is amending the Final Determination with respect to the GVN single entity (comprised of 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, 41982 (July 18, 2014) (Final Determination), and accompanying issues and decision memorandum (IDM) at Comment 9. 2 See United States Steel Corporation et al. v. United States, Slip Op. 17–28, Consolidated Court No. 14–00263 (CIT 2017). 3 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) (Amended Final Determination). 4 See Certain Oil Country Tubular Goods from India: Amendment of Antidumping Duty Order, 82 FR 28045 (June 20, 2017) (Amended Order). 5 See Final Determination, 79 FR at, 41982, and accompanying issues and decision memorandum (IDM) at Comment 9. E:\FR\FM\28JYN1.SGM 28JYN1 35183 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Notices GVN Fuels Limited, Maharashtra Seamless Limited and Jindal Pipes Limited) 6 and Jindal SAW, Limited. The revised weighted-average dumping margins for the period July 1, 2012, through June 30, 2013, are as follows: Estimated weightedaverage dumping margins (percent) Exporter or producer GVN Fuels Limited, Maharashtra Seamless Limited and Jindal Pipes Limited (collectively, GVN or GVN single entity) .................................................................................................................................................................... Jindal SAW, Limited ................................................................................................................................................ All Others ................................................................................................................................................................. * 1.07 11.24 5.79 Cash deposit rate percent (percent) 7 0.00 0.00 0.00 * (de minimis). Correction to the Amended Order Amendment of the Order on OCTG From India The period to appeal the Court of International Trade’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 8 on OCTG from India to exclude from the order subject merchandise produced and exported by the GVN single entity (comprised of GVN Fuels Limited, Maharashtra Seamless Limited and Jindal Pipes Limited) 9 because the revised weighted-average dumping margin for the GVN single entity is de minimis. This exclusion does not apply to merchandise produced by the GVN single entity and exported by any other company (outside the GVN single entity) or merchandise produced by any other company and exported by the GVN single entity. Resellers of merchandise produced by the GVN single entity, are also not entitled to this exclusion. asabaliauskas on DSKBBXCHB2PROD with NOTICES 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.10 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 the GVN single entity is de minimis, the Department is directing U.S. Customs and Border Protection to liquidate all 6 Final Determination Notice, 79 FR at 41982, and accompanying IDM at Comment 9. 7 Cash deposit rates are lower than estimated weighted-average dumping margins due to offsets for export subsidies. 8 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 VerDate Sep<11>2014 18:50 Jul 27, 2017 Jkt 241001 entries produced and exported by the GVN single entity currently suspended without regard to antidumping duties, and to not to suspend liquidation of entries of subject merchandise where the GVN single entity acted as both the producer and exporter. Entries of subject merchandise exported to the United States by any other producer and exporter combination involving the GVN single entity are not entitled to this exclusion from suspension of liquidation and are subject to the cash deposit rate for the all-others entity. This correction to the Amended Final Determination and Amended Order is issued and published in accordance with sections 516A(e)(1), 735(d), 736(a), and 777(i) of the Act of the Act. Dated: July 24, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–15943 Filed 7–27–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–898] The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on chlorinated isocyanurates (chlorinated isos) from the People’s Republic of China (PRC). The period of review (POR) is June 1, 2015, through May 31, 2016. This administrative review covers three producers/exporters: (1) Heze Huayi Chemical Co. Ltd. (Heze Huayi); (2) Hebei Jiheng Chemical Co. Ltd. (Jiheng); and (3) Juancheng Kangtai Chemical Co. Ltd. (Kangtai). We preliminarily determine that Heze Huayi and Kangtai have demonstrated their eligibility for a separate rate, and have made sales in the United States at prices below normal value (NV). We also preliminarily determine that Jiheng has not demonstrated its eligibility for a separate rate. Interested parties are invited to comment on these preliminary results. DATES: July 28, 2017. FOR FURTHER INFORMATION CONTACT: Sean Carey, 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) 482–3964. SUPPLEMENTARY INFORMATION: SUMMARY: Enforcement and Compliance, International Trade Administration, Department of Commerce. Scope of the Order The products covered by the order are chlorinated isos, which are derivatives of cyanuric acid, described as chlorinated s-triazine triones.1 Chlorinated isos are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 Vietnam: Amended Final Determination of Sales at Less Than Fair Value, 79 FR 53691 (September 10, 2014) (Orders). 9 Final Determination Notice, 79 FR at 41982, and accompanying IDM at Comment 9. 10 See Orders at 53692; see also Message No. 4262301, dated September 19, 2017, and Message No. 7130310, dated May 10, 2017. 1 For a complete description of the Scope of the Order, see Memorandum from Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for the Preliminary Results of the 2015–2016 Antidumping Duty Administrative Review: Chlorinated Isocyanurates from the People’s Republic of China,’’ dated concurrently with this notice (Preliminary Decision Memorandum). Chlorinated Isocyanurates From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015– 2016 AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\28JYN1.SGM 28JYN1

Agencies

[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Notices]
[Pages 35182-35183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15943]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-857]


Certain Oil Country Tubular Goods From India: Notice of 
Correction to Amended Final Determination and Amendment of Antidumping 
Duty Order

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


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

    In the Final Determination, the Department determined that GVN 
Fuels Limited, Maharashtra Seamless Limited, and Jindal Pipes Limited 
are affiliated, pursuant to section 771(33)(F) of the Tariff Act of 
1930, as amended (the Act), and should be collapsed and treated as a 
single entity, pursuant to 19 CFR 351.401(f).\1\
---------------------------------------------------------------------------

    \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, 41982 (July 18, 2014) 
(Final Determination), and accompanying issues and decision 
memorandum (IDM) at Comment 9.
---------------------------------------------------------------------------

    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 investigation of 
certain oil country tubular goods (OCTG) from India.\2\ On April 12, 
2017, the Department published the Amended Final Determination on OCTG 
from India.\3\ On June 20, 2017, the Department published the Amended 
Order.\4\ In both the Amended Final Determination and Amended Order, 
the Department inadvertently omitted a statement to explain that, 
consistent with the Final Determination,\5\ GVN Fuels Limited, 
Maharashtra Seamless Limited, and Jindal Pipes Limited should be 
treated as a single entity.
---------------------------------------------------------------------------

    \2\ See United States Steel Corporation et al. v. United States, 
Slip Op. 17-28, Consolidated Court No. 14-00263 (CIT 2017).
    \3\ 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) (Amended Final Determination).
    \4\ See Certain Oil Country Tubular Goods from India: Amendment 
of Antidumping Duty Order, 82 FR 28045 (June 20, 2017) (Amended 
Order).
    \5\ See Final Determination, 79 FR at, 41982, and accompanying 
issues and decision memorandum (IDM) at Comment 9.
---------------------------------------------------------------------------

Correction

    We are correcting the Amended Final Determination and Amended Order 
to clarify that GVN Fuels Limited, Maharashtra Seamless Limited, and 
Jindal Pipes Limited should be treated as a single entity 
(collectively, GVN or the GVN single entity). The sections of the 
Amended Final Determination and Amended Order explaining the suspension 
of liquidation and listing the weighted-average antidumping duty 
margins and cash deposit rates should have appeared as provided below.

Correction to the Amended Final Determination

Amended Final Determination
    Because there is now a final court decision, the Department is 
amending the Final Determination with respect to the GVN single entity 
(comprised of

[[Page 35183]]

GVN Fuels Limited, Maharashtra Seamless Limited and Jindal Pipes 
Limited) \6\ and Jindal SAW, Limited. The revised weighted-average 
dumping margins for the period July 1, 2012, through June 30, 2013, are 
as follows:
---------------------------------------------------------------------------

    \6\ Final Determination Notice, 79 FR at 41982, and accompanying 
IDM at Comment 9.

------------------------------------------------------------------------
                                             Estimated
                                             weighted-
                                              average      Cash deposit
          Exporter or producer                dumping      rate percent
                                              margins      (percent) \7\
                                             (percent)
------------------------------------------------------------------------
GVN Fuels Limited, Maharashtra Seamless           * 1.07            0.00
 Limited and Jindal Pipes Limited
 (collectively, GVN or GVN single
 entity)................................
Jindal SAW, Limited.....................           11.24            0.00
All Others..............................            5.79            0.00
------------------------------------------------------------------------
* (de minimis).

Correction to the Amended Order
---------------------------------------------------------------------------

    \7\ Cash deposit rates are lower than estimated weighted-average 
dumping margins due to offsets for export subsidies.
---------------------------------------------------------------------------

Amendment of the Order on OCTG From India
    The period to appeal the Court of International Trade'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 \8\ on OCTG from India to exclude from the order subject 
merchandise produced and exported by the GVN single entity (comprised 
of GVN Fuels Limited, Maharashtra Seamless Limited and Jindal Pipes 
Limited) \9\ because the revised weighted-average dumping margin for 
the GVN single entity is de minimis. This exclusion does not apply to 
merchandise produced by the GVN single entity and exported by any other 
company (outside the GVN single entity) or merchandise produced by any 
other company and exported by the GVN single entity. Resellers of 
merchandise produced by the GVN single entity, are also not entitled to 
this exclusion.
---------------------------------------------------------------------------

    \8\ 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).
    \9\ Final Determination Notice, 79 FR at 41982, and accompanying 
IDM at Comment 9.
---------------------------------------------------------------------------

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.\10\ 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 the GVN single entity is de minimis, the 
Department is directing U.S. Customs and Border Protection to liquidate 
all entries produced and exported by the GVN single entity currently 
suspended without regard to antidumping duties, and to not to suspend 
liquidation of entries of subject merchandise where the GVN single 
entity acted as both the producer and exporter. Entries of subject 
merchandise exported to the United States by any other producer and 
exporter combination involving the GVN single entity are not entitled 
to this exclusion from suspension of liquidation and are subject to the 
cash deposit rate for the all-others entity.
---------------------------------------------------------------------------

    \10\ See Orders at 53692; see also Message No. 4262301, dated 
September 19, 2017, and Message No. 7130310, dated May 10, 2017.
---------------------------------------------------------------------------

    This correction to the Amended Final Determination and Amended 
Order is issued and published in accordance with sections 516A(e)(1), 
735(d), 736(a), and 777(i) of the Act of the Act.

    Dated: July 24, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-15943 Filed 7-27-17; 8:45 am]
BILLING CODE 3510-DS-P