Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Notice of Court Decision Not in Harmony With the Amended Final Determination of the Countervailing Duty Investigation, 11174-11175 [2018-05149]

Download as PDF 11174 Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices In accordance with 19 CFR 351.305(a)(3), 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, 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 sanctionable violation. These final results of this administrative review and notice are published in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213(h). Dated: March 8, 2018. 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. 2018–05151 Filed 3–13–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–825] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Notice of Court Decision Not in Harmony With the Amended Final Determination of the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 1, 2018, the Court of International Trade (CIT) entered final judgment sustaining the Department of Commerce’s (Commerce’s) remand redetermination in the countervailing duty (CVD) investigation of heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey). Commerce is notifying the public that the Court’s final judgment in this case is not in harmony with Commerce’s amended final determination with respect to Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. (Ozdemir) and all other exporters and producers. DATES: Applicable February 12, 2018.1 daltland on DSKBBV9HB2PROD with NOTICES AGENCY: 1 February 11, 2018, ten days after the Court’s opinion was issued, falls on a Sunday. Therefore, the effective date is Monday, February 12, 2018. See VerDate Sep<11>2014 18:17 Mar 13, 2018 Jkt 244001 FOR FURTHER INFORMATION CONTACT: Brian Smith or Janae Martin, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–1766 or (202) 482–0238, respectively. SUPPLEMENTARY INFORMATION: Background On July 21, 2016, Commerce published its final determination in the CVD investigation of HWR pipes and tubes from Turkey.2 On September 13, 2016, Commerce published an amended final determination and the CVD order.3 The Court remanded one aspect of Commerce’s findings for further consideration.4 Specifically, in its Remand and Opinion Order, the Court held that, if Commerce decided to maintain its Land for Less than Adequate Remuneration (LTAR) benchmark calculation, it must explain the following: (1) Why the high prices for the Istanbul and Yalova Altinova (Yalova) land parcels were not aberrational, and how calculating a simple average of all the land parcel prices used in the land benchmark calculation successfully moderated the price disparities; (2) whether the Istanbul and Yalova land parcels were located in more highly developed areas of Turkey and how that affected Commerce’s analysis; and (3) why the future usage of the land parcels is relevant under the applicable provisions of the statute and Commerce’s regulations.5 On December 11, 2017, Commerce issued its Remand Redetermination.6 In its Remand Redetermination, Commerce determined that there was a reasonable basis for treating the Istanbul and Yalova land parcels as outliers because Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 2 See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Final Affirmative Countervailing Duty Determination, 81 FR 47349 (July 21, 2016). 3 See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 81 FR 62874 (September 13, 2016) (Amended Final Determination and Order). 4 See Ozdemir Boru San. Ve Tic. Ltd. Sti., v. United States and Atlas Tube and Independence Tube Corporation Court No. 16–00206, Slip Op. 17– 142 (CIT October 16, 2017) (Remand Opinion and Order). 5 Id. at 44–45. 6 See Final Results of Remand Redetermination Pursuant to Court Remand, Court No. 16–00206, dated December 11, 2017, available at: https:// ia.ita.doc.gov/remands/ (Remand Redetermination). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 (1) the prices of these parcels deviated substantially from the other prices in the dataset; and (2) the average price of the land parcels in the benchmark would be skewed if the Istanbul and Yalova land parcels were not removed from the dataset.7 Additionally, in its Remand Redetermination, Commerce stated that although it generally avoids selectively removing prices from datasets, it has occasionally done so after finding certain data to be clearly aberrational or unreliable.8 In removing the two parcels at issue from the benchmark, Commerce found that other issues raised by the Court, namely the relative levels of development of the land parcels in the benchmark, the importance of a land parcel’s future usage in Commerce’s benchmark selection, and other issues involving comparability, were moot.9 Therefore, Commerce did not address these issues in the Remand Redetermination. On February 1, 2018, the CIT sustained Commerce’s Remand Redetermination.10 Timken Notice In its decision in Timken,11 as clarified by Diamond Sawblades,12 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), Commerce must publish a notice of a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s February 1, 2018, 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. Accordingly, Commerce 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. Amended Final Determination As there is now a final court decision, Commerce amends its Amended Final 7 Id. at 2. 8 Id. 9 Id. 10 See Ozdemir Boru San. Ve Tic. Ltd. Sti., v. United States and Atlas Tube and Independence Tube Corporation Court No. 16–00206, Slip Op.18– 6. (CIT February 1, 2018). 11 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 12 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\14MRN1.SGM 14MRN1 Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices Determination and Order. Commerce finds that the following revised net countervailable subsidy rates exist: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (the Net ITC), Commerce is issuing antidumping Producer/exporter subsidy duty orders on carbon and alloy steel rate wire rod (wire rod) from the Republic of South Africa (South Africa) and MMZ Onur Boru Profit uretirn San Ve Tic. A.S ...................... 9.87 Ukraine. Ozdemir Boru Profil San ve Tic. DATES: Applicable March 14, 2018. Ltd Sti ...................................... 14.66 All-Others .................................... 12.36 FOR FURTHER INFORMATION CONTACT: Moses Song at (202) 482–5041 or John McGowan (202) 482–3019 (South Cash Deposit Requirements Africa), Julia Hancock at (202) 482– Because there has been no subsequent 1394, Annathea Cook at (202) 482–0250, administrative review for MMZ Onur or Courtney Canales at (202) 482–4997 Boru Profit uretirn San Ve Tic. A.S. (Ukraine), AD/CVD Operations, Office V (MMZ) and Ozdemir, Commerce will & VI, Enforcement and Compliance, instruct U.S. Customs and Border International Trade Administration, Protection (CBP) to set the cash deposit U.S. Department of Commerce, 1401 rates for these companies to the rates Constitution Avenue NW, Washington, listed above, pending a final and DC 20230. conclusive court decision. SUPPLEMENTARY INFORMATION: Pursuant to section 705(c)(5)(A) of the Background Act, companies not individually investigated are assigned an ‘‘all-others’’ In accordance with sections 735(d) countervailing duty rate. As a general and 777(i)(1) of the Tariff Act of 1930, rule, the all-others rate is equal to the as amended (the Act), and 19 CFR weighted-average of the countervailable 351.210(c), on January 16, 2018, subsidy rates established for Commerce published its affirmative individually investigated producers, final determinations in the less-thanexcluding any zero and de minimis fair-value (LTFV) investigations of wire 13 countervailable subsidy rates. rod from South Africa and Ukraine.1 On Commerce will instruct CBP that the March 1, 2018, the ITC notified ‘‘all-others’’ cash deposit rate is to be Commerce of its final affirmative amended to reflect the revised subsidy determination that an industry in the rate calculated for Ozdemir, as listed United States is materially injured above. within the meaning of section This notice is issued and published in 735(b)(1)(A)(i) of the Act, by reason of accordance with sections 516A(e)(1), the LTFV imports of wire rod from 705(c)(1)(B), and 777(i)(1) of the Act. South Africa and Ukraine, and its Dated: March 8, 2018. determination that critical Gary Taverman, circumstances do not exist with respect to imports of wire rod from South Africa Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, subject to Commerce’s affirmative performing the non-exclusive functions and critical circumstances determination.2 duties of the Assistant Secretary for The ITC published its final Enforcement and Compliance. determination on March 7, 2018.3 SUMMARY: [FR Doc. 2018–05149 Filed 3–13–18; 8:45 am] Scope of the Orders The merchandise covered by these orders is wire rod from South Africa and Ukraine. For a complete description of the scope of these orders, see the Appendix to this notice. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration 11175 Antidumping Duty Orders On March 1, 2018, in accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified Commerce of its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reasons of imports of wire rod from South Africa and Ukraine.4 The ITC also notified Commerce of its determination that critical circumstances do not exist with respect to imports of wire rod from South Africa subject to Commerce’s critical circumstances finding.5 Therefore, in accordance with section 735(c)(2) of the Act, we are issuing these AD orders. Because the ITC determined that imports of wire rod from South Africa and Ukraine are materially injuring a U.S. industry, unliquidated entries of such merchandise from South Africa and Ukraine, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. As a result of the ITC’s final affirmative determinations, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of wire rod from South Africa and Ukraine. Antidumping duties will be assessed on unliquidated entries of wire rod from South Africa and Ukraine entered, or withdrawn from warehouse, for consumption on or after October 31, 2017, the date of publication of the preliminary determinations,6 but will not include entries occurring after the expiration of the provisional measures period and before publication in the Federal Register of the ITC’s final injury determination, as further described below. Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct [A–791–823, A–823–816] daltland on DSKBBV9HB2PROD with NOTICES Carbon and Alloy Steel Wire Rod From the Republic of South Africa and Ukraine: Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 13 See section 705(c)(5)(A)(i) of the Act. For a full discussion of the calculation of the all-others rate, see Memorandum ‘‘Remand Redetermination Calculation of the ‘All Others’ Rate,’’ dated December 12, 2017. VerDate Sep<11>2014 18:17 Mar 13, 2018 Jkt 244001 1 See Carbon and Alloy Steel Wire Rod from the Republic of South Africa: Affirmative Final Determination of Sales at Less Than Fair Value and Affirmative Finding of Critical Circumstances, 83 FR 2141 (January 16, 2018) (South Africa Final Determination); Carbon and Alloy Steel Wire Rod from Ukraine: Affirmative Final Determination of Sales at Less Than Fair Value, 83 FR 2135 (January 16, 2018) (Ukraine Final Determination). 2 See Letter from the ITC to the Hon. Gary Taverman, dated March 1, 2018 (ITC Notification Letter). 3 See Carbon and Certain Alloy Steel Wire Rod from South Africa and Ukraine; Determinations, 83 FR 9749 (March 7, 2018). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 4 See ITC Notification Letter. 5 Id. 6 See Carbon and Alloy Steel Wire Rod from the Republic of South Africa: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and preliminary Determination of No Shipments, 82 FR 50383 (October 31, 2017) (South Africa Preliminary Determination); Carbon and Alloy Steel Wire Rod from Ukraine: Preliminary Affirmative Determination of Sales at Less Than Fair Value: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 82 FR 50375 (October 31, 2017) (Ukraine Preliminary Determination). E:\FR\FM\14MRN1.SGM 14MRN1

Agencies

[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11174-11175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05149]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-825]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Turkey: Notice of Court Decision Not in Harmony With 
the Amended Final Determination of the Countervailing Duty 
Investigation

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

SUMMARY: On February 1, 2018, the Court of International Trade (CIT) 
entered final judgment sustaining the Department of Commerce's 
(Commerce's) remand redetermination in the countervailing duty (CVD) 
investigation of heavy walled rectangular welded carbon steel pipes and 
tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey). 
Commerce is notifying the public that the Court's final judgment in 
this case is not in harmony with Commerce's amended final determination 
with respect to Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. (Ozdemir) 
and all other exporters and producers.

DATES: Applicable February 12, 2018.\1\
---------------------------------------------------------------------------

    \1\ February 11, 2018, ten days after the Court's opinion was 
issued, falls on a Sunday. Therefore, the effective date is Monday, 
February 12, 2018. See Notice of Clarification: Application of 
``Next Business Day'' Rule for Administrative Determination 
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 
24533 (May 10, 2005).

FOR FURTHER INFORMATION CONTACT: Brian Smith or Janae Martin, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone (202) 482-1766 or (202) 482-
---------------------------------------------------------------------------
0238, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 21, 2016, Commerce published its final determination in the 
CVD investigation of HWR pipes and tubes from Turkey.\2\ On September 
13, 2016, Commerce published an amended final determination and the CVD 
order.\3\
---------------------------------------------------------------------------

    \2\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Turkey: Final Affirmative Countervailing 
Duty Determination, 81 FR 47349 (July 21, 2016).
    \3\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Turkey: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Order, 81 
FR 62874 (September 13, 2016) (Amended Final Determination and 
Order).
---------------------------------------------------------------------------

    The Court remanded one aspect of Commerce's findings for further 
consideration.\4\ Specifically, in its Remand and Opinion Order, the 
Court held that, if Commerce decided to maintain its Land for Less than 
Adequate Remuneration (LTAR) benchmark calculation, it must explain the 
following: (1) Why the high prices for the Istanbul and Yalova Altinova 
(Yalova) land parcels were not aberrational, and how calculating a 
simple average of all the land parcel prices used in the land benchmark 
calculation successfully moderated the price disparities; (2) whether 
the Istanbul and Yalova land parcels were located in more highly 
developed areas of Turkey and how that affected Commerce's analysis; 
and (3) why the future usage of the land parcels is relevant under the 
applicable provisions of the statute and Commerce's regulations.\5\
---------------------------------------------------------------------------

    \4\ See Ozdemir Boru San. Ve Tic. Ltd. Sti., v. United States 
and Atlas Tube and Independence Tube Corporation Court No. 16-00206, 
Slip Op. 17-142 (CIT October 16, 2017) (Remand Opinion and Order).
    \5\ Id. at 44-45.
---------------------------------------------------------------------------

    On December 11, 2017, Commerce issued its Remand 
Redetermination.\6\ In its Remand Redetermination, Commerce determined 
that there was a reasonable basis for treating the Istanbul and Yalova 
land parcels as outliers because (1) the prices of these parcels 
deviated substantially from the other prices in the dataset; and (2) 
the average price of the land parcels in the benchmark would be skewed 
if the Istanbul and Yalova land parcels were not removed from the 
dataset.\7\ Additionally, in its Remand Redetermination, Commerce 
stated that although it generally avoids selectively removing prices 
from datasets, it has occasionally done so after finding certain data 
to be clearly aberrational or unreliable.\8\ In removing the two 
parcels at issue from the benchmark, Commerce found that other issues 
raised by the Court, namely the relative levels of development of the 
land parcels in the benchmark, the importance of a land parcel's future 
usage in Commerce's benchmark selection, and other issues involving 
comparability, were moot.\9\ Therefore, Commerce did not address these 
issues in the Remand Redetermination.
---------------------------------------------------------------------------

    \6\ See Final Results of Remand Redetermination Pursuant to 
Court Remand, Court No. 16-00206, dated December 11, 2017, available 
at: https://ia.ita.doc.gov/remands/ (Remand Redetermination).
    \7\ Id. at 2.
    \8\ Id.
    \9\ Id.
---------------------------------------------------------------------------

    On February 1, 2018, the CIT sustained Commerce's Remand 
Redetermination.\10\
---------------------------------------------------------------------------

    \10\ See Ozdemir Boru San. Ve Tic. Ltd. Sti., v. United States 
and Atlas Tube and Independence Tube Corporation Court No. 16-00206, 
Slip Op.18-6. (CIT February 1, 2018).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\11\ as clarified by Diamond 
Sawblades,\12\ 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), Commerce must publish a notice of a 
court decision that is not ``in harmony'' with a Commerce determination 
and must suspend liquidation of entries pending a ``conclusive'' court 
decision. The CIT's February 1, 2018, 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. Accordingly, Commerce 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.
---------------------------------------------------------------------------

    \11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Determination

    As there is now a final court decision, Commerce amends its Amended 
Final

[[Page 11175]]

Determination and Order. Commerce finds that the following revised net 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                  Net
                      Producer/exporter                         subsidy
                                                                 rate
------------------------------------------------------------------------
MMZ Onur Boru Profit uretirn San Ve Tic. A.S................        9.87
Ozdemir Boru Profil San ve Tic. Ltd Sti.....................       14.66
All-Others..................................................       12.36
------------------------------------------------------------------------

Cash Deposit Requirements

    Because there has been no subsequent administrative review for MMZ 
Onur Boru Profit uretirn San Ve Tic. A.S. (MMZ) and Ozdemir, Commerce 
will instruct U.S. Customs and Border Protection (CBP) to set the cash 
deposit rates for these companies to the rates listed above, pending a 
final and conclusive court decision.
    Pursuant to section 705(c)(5)(A) of the Act, companies not 
individually investigated are assigned an ``all-others'' countervailing 
duty rate. As a general rule, the all-others rate is equal to the 
weighted-average of the countervailable subsidy rates established for 
individually investigated producers, excluding any zero and de minimis 
countervailable subsidy rates.\13\ Commerce will instruct CBP that the 
``all-others'' cash deposit rate is to be amended to reflect the 
revised subsidy rate calculated for Ozdemir, as listed above.
---------------------------------------------------------------------------

    \13\ See section 705(c)(5)(A)(i) of the Act. For a full 
discussion of the calculation of the all-others rate, see Memorandum 
``Remand Redetermination Calculation of the `All Others' Rate,'' 
dated December 12, 2017.
---------------------------------------------------------------------------

    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: March 8, 2018.
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. 2018-05149 Filed 3-13-18; 8:45 am]
 BILLING CODE 3510-DS-P

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