Welded Line Pipe From the Republic of Turkey: Notice of Court Decision Not in Harmony With the Final Determination in the Less Than Fair Value Investigation and Notice of Amended Final Determination and Amended Antidumping Duty Order, 4772-4773 [2019-02655]

Download as PDF 4772 Federal Register / Vol. 84, No. 33 / Tuesday, February 19, 2019 / Notices Notification to Importers Regarding the Reimbursement of Duties 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 the POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: February 8, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final IDM I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Daejin-Specific Issues Comment 1: Scrap Offset Comment 2: Cost Variations Not Due to Differences in Physical Characteristics Comment 3: SG&A Expenses Comment 4: Differential Pricing tkelley on DSKBCP9HB2PROD with NOTICES Kowire-Specific Issues Comment 5: Date of Sale Comment 6: Relationship with Subcontractor A Comment 7: Affiliated Party Transactions VI. Recommendation [FR Doc. 2019–02584 Filed 2–15–19; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:46 Feb 15, 2019 Jkt 247001 DEPARTMENT OF COMMERCE International Trade Administration [A–489–822] Welded Line Pipe From the Republic of Turkey: Notice of Court Decision Not in Harmony With the Final Determination in the Less Than Fair Value Investigation and Notice of Amended Final Determination and Amended Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 19, 2018, the United States Court of International Trade (CIT or the Court) entered final judgment sustaining the final results of the second remand redetermination pertaining to the antidumping duty (AD) investigation of welded line pipe (WLP) from the Republic of Turkey (Turkey). The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with Commerce’s final determination of the AD investigation of WLP from Turkey and that Commerce is amending the final determination and AD order with respect to the weightedaverage dumping margins and AD cash deposit rates for Tosc¸elik Profil ve Sac Endustrisi, A.S ¸ . and Tosyali Dis Ticaret A.S ¸ . (collectively, Tosc ¸elik), C ¸ ayirova Boru Sanayi ve Ticaret A.S ¸ . and Yu¨cel Boru Ithalat-Ihracat ve Pazarlama A.S. (collectively, C ¸ ayirova), and the companies covered by the all-others rate. DATES: Applicable December 29, 2018. FOR FURTHER INFORMATION CONTACT: Alice Maldonado and David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4682 and (202) 482–3693, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 13, 2015, Commerce published its Final Determination in the AD investigation of WLP from Turkey.1 On December 1, 2015, Commerce published the Order resulting from the investigation.2 As reflected in 1 See Welded Line Pipe from the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 80 FR 61362 (October 13, 2015) (Final Determination) and accompanying Issues and Decision Memorandum (IDM). 2 See Welded Line Pipe from the Republic of Korea and the Republic of Turkey: Antidumping Duty Orders, 80 FR 75056 (December 1, 2015) (Order). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Commerce’s Final Determination and the Order, Commerce calculated weighted-average dumping margins of 6.66 percent for Tosc¸elik, 22.95 percent for C ¸ ayirova, and 7.10 percent for all others.3 Tosc¸elik and C ¸ ayirova (i.e., the respondents) filed suit at the CIT to challenge various aspects of Commerce’s final determination. On August 22, 2017, the CIT sustained in part, and remanded in part, Commerce’s Final Determination. Specifically, the Court sustained Commerce’s date of sale determination and granted Commerce’s request for a voluntary remand to further explain or reconsider the calculation of the duty drawback adjustments for the respondents.4 On March 1, 2018, Commerce issued the First Remand Redetermination, in which it provided further explanation regarding why Commerce limited the duty drawback adjustments in the Final Determination to information contained only on import certificates (also known as ‘‘DIIBs’’) that were closed during the period of investigation (POI).5 After considering Commerce’s further explanation, on October 24, 2018, the CIT held that Commerce’s limitation of the duty drawback adjustments to information contained only on DIIBs closed during the POI was not reasonable based on the specific record of this case (which contained verified information on DIIBs closed after the POI).6 The Court remanded the case and directed Commerce to recalculate the duty drawback adjustments for Tosc ¸elik and C ¸ ayirova to account for one additional DIIB for each of the respondents.7 On December 7, 2018, Commerce issued the Second Remand Redetermination in accordance with the CIT’s order.8 On remand, Commerce, recalculated the duty drawback adjustments for C ¸ ayirova and Tosc ¸elik 3 See Final Determination, 80 FR at 61364; Order, 80 FR at 75,057. The cash deposit rates reflect an adjustment for export subsidies for each respondent found in the final determination of the companion countervailing duty investigation of WLP from Turkey. 4 See Tosc ¸elik Profil ve Sac Endustrisi, A.S. v. United States, 256 F. Supp. 3d 1260 (CIT August 22, 2017). 5 See Final Results of Redetermination Pursuant to Court Remand, Consol. Court No. 15–00339 (March 1, 2018) (First Remand Redetermination), available at https://enforcement.trade.gov/ remands/17-107.pdf. 6 See Tosc ¸elik Profil ve Sac Endustrisi, A.S. v. United States, Consol. Court No. 15–00339, Slip Op. 18–148 (CIT October 24, 2018). 7 See id. 8 See Final Results of Second Redetermination Pursuant to Court Remand, Consol. Court No. 15– 00339 (December 7, 2018) (Second Remand Redetermination). E:\FR\FM\19FEN1.SGM 19FEN1 4773 Federal Register / Vol. 84, No. 33 / Tuesday, February 19, 2019 / Notices to include information from DIIBs that were closed after the POI. As a result, the estimated weighted-average dumping margin for C ¸ ayirova becomes 12.52%; and for Tosc¸elik becomes 4.10%. The all-others rate becomes 4.33%. On December 19, 2018, the CIT entered judgment sustaining Commerce’s Final Redetermination with respect to the date of sale determination and sustaining the Second Remand Redetermination with respect to the duty drawback adjustments.9 Thus, the effective date of this notice is December 29, 2018. Timken Notice In its decision in Timken,10 as clarified by Diamond Sawblades,11 the Court of Appeals for the Federal Circuit (Federal Circuit) held that, pursuant to section 516A of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision.12 The CIT’s December 19, 2018, judgment constitutes a final decision of that court that is not in harmony with Commerce’s Final Determination and Order. Thus, this notice is published in fulfillment of the publication requirements of Timken and section 516A of the Act. Amended Final Determination and Amended Order Because there is now a final court decision, Commerce is amending its Final Determination and Order with respect to the weighted-average dumping margins and AD cash deposit rates for C ¸ ayirova, Tosc¸elik, and the companies covered by the all-others rate. The revised weighted-average dumping margins and cash deposit rates for these entities are as follows: Weightedaverage dumping margin (percent) Exporter/producer C ¸ ayirova Boru Sanayi ve Ticaret A.S./Yu¨cel Boru Ithalat-Ihracat ve Pazarlama A.S ............................................ Tosc¸elik Profil ve Sac Endustrisi A.S./Tosyali Dis Ticaret A.S ............................................................................... All Others ................................................................................................................................................................. Note: The cash deposit rates listed above are adjusted to account for the applicable export subsidy rate of 0.86 percent found in the final determination of the companion countervailing duty investigation of this merchandise imported from Turkey.13 Cash Deposit Requirements Because the above-referenced exporters/producers do not have superseding cash deposit rates, i.e., there have been no final results published in subsequent administrative reviews, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect the revised cash deposit amounts listed above for C ¸ ayirova, Tosc¸elik, and companies covered by the all others rate, effective, December 29, 2018. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and (e), and 777(i)(1) of the Act. Dated: February 12, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–02655 Filed 2–15–19; 8:45 am] tkelley on DSKBCP9HB2PROD with NOTICES BILLING CODE 3510–DS–P 9 See Tosc ¸elik Profil ve Sac Endustrisi, A.S. v. United States, Consol. Court No. 15–00339, Slip Op. 18–174 (CIT December 19, 2018). 10 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). VerDate Sep<11>2014 17:46 Feb 15, 2019 Jkt 247001 DEPARTMENT OF COMMERCE International Trade Administration Environmental Technologies Trade Advisory Committee (ETTAC) Public Meeting International Trade Administration, DOC. ACTION: Notice of an open meeting of a Federal Advisory Committee. 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 March 19, 2019, from 8:45 a.m. to 4:30 p.m. and March 20, 2019, from 8:45 a.m. to 2:45 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 Monday, March 5, 2019. The deadline for members of the public to request auxiliary aids is 5:00 p.m. EDT on Monday, March 5, 2019. ADDRESSES: The meeting will take place in the Research Library at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. To register and obtain call-in information; submit comments; or SUMMARY: 11 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 12 See sections 516A(c) and (e) of the Act. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Cash deposit (percent) 12.52 4.10 4.33 11.66 3.24 3.47 request auxiliary aids, please contact: 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 Ms. Amy Kreps, Office of Energy & Environmental Industries (OEEI), International Trade Administration, Room 28018, 1401 Constitution Avenue NW, Washington, DC 20230 (Phone: 202–482–3835; Fax: 202–482–5665; email: amy.kreps@trade.gov) FOR FURTHER INFORMATION CONTACT: The meeting will take place on March 19, 2019, from 8:45 a.m. to 4:30 p.m. and on March 20, 2019, from 8:45 a.m. to 2:45 p.m. EDT. The general meeting is open to the public, and time will be permitted for public comment on March 20, 2019, from 2:30–2:45 p.m. EDT. Members of the public seeking to attend the meeting are required to register in advance. Those interested in attending must provide notification by Monday, March 5, at 5:00 p.m. EDT, via the contact information provided above. This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to OEEI at (202) 482–3835 no less than one week prior to the meeting. Requests SUPPLEMENTARY INFORMATION: 13 See E:\FR\FM\19FEN1.SGM Order, 80 FR at 75057–58. 19FEN1

Agencies

[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Pages 4772-4773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02655]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-822]


Welded Line Pipe From the Republic of Turkey: Notice of Court 
Decision Not in Harmony With the Final Determination in the Less Than 
Fair Value Investigation and Notice of Amended Final Determination and 
Amended Antidumping Duty Order

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

SUMMARY: On December 19, 2018, the United States Court of International 
Trade (CIT or the Court) entered final judgment sustaining the final 
results of the second remand redetermination pertaining to the 
antidumping duty (AD) investigation of welded line pipe (WLP) from the 
Republic of Turkey (Turkey). The Department of Commerce (Commerce) is 
notifying the public that the final judgment in this case is not in 
harmony with Commerce's final determination of the AD investigation of 
WLP from Turkey and that Commerce is amending the final determination 
and AD order with respect to the weighted-average dumping margins and 
AD cash deposit rates for Tos[ccedil]elik Profil ve Sac Endustrisi, 
A.[Scedil]. and Tosyali Dis Ticaret A.[Scedil]. (collectively, 
Tos[ccedil]elik), [Ccedil]ayirova Boru Sanayi ve Ticaret A.[Scedil]. 
and Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.S. (collectively, 
[Ccedil]ayirova), and the companies covered by the all-others rate.

DATES: Applicable December 29, 2018.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado and David Crespo, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 and (202) 
482-3693, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 13, 2015, Commerce published its Final Determination in 
the AD investigation of WLP from Turkey.\1\ On December 1, 2015, 
Commerce published the Order resulting from the investigation.\2\ As 
reflected in Commerce's Final Determination and the Order, Commerce 
calculated weighted-average dumping margins of 6.66 percent for 
Tos[ccedil]elik, 22.95 percent for [Ccedil]ayirova, and 7.10 percent 
for all others.\3\
---------------------------------------------------------------------------

    \1\ See Welded Line Pipe from the Republic of Turkey: Final 
Determination of Sales at Less Than Fair Value, 80 FR 61362 (October 
13, 2015) (Final Determination) and accompanying Issues and Decision 
Memorandum (IDM).
    \2\ See Welded Line Pipe from the Republic of Korea and the 
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056 (December 
1, 2015) (Order).
    \3\ See Final Determination, 80 FR at 61364; Order, 80 FR at 
75,057. The cash deposit rates reflect an adjustment for export 
subsidies for each respondent found in the final determination of 
the companion countervailing duty investigation of WLP from Turkey.
---------------------------------------------------------------------------

    Tos[ccedil]elik and [Ccedil]ayirova (i.e., the respondents) filed 
suit at the CIT to challenge various aspects of Commerce's final 
determination. On August 22, 2017, the CIT sustained in part, and 
remanded in part, Commerce's Final Determination. Specifically, the 
Court sustained Commerce's date of sale determination and granted 
Commerce's request for a voluntary remand to further explain or 
reconsider the calculation of the duty drawback adjustments for the 
respondents.\4\ On March 1, 2018, Commerce issued the First Remand 
Redetermination, in which it provided further explanation regarding why 
Commerce limited the duty drawback adjustments in the Final 
Determination to information contained only on import certificates 
(also known as ``DIIBs'') that were closed during the period of 
investigation (POI).\5\
---------------------------------------------------------------------------

    \4\ See Tos[ccedil]elik Profil ve Sac Endustrisi, A.S. v. United 
States, 256 F. Supp. 3d 1260 (CIT August 22, 2017).
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Consol. Court No. 15-00339 (March 1, 2018) (First Remand 
Redetermination), available at https://enforcement.trade.gov/remands/17-107.pdf.
---------------------------------------------------------------------------

    After considering Commerce's further explanation, on October 24, 
2018, the CIT held that Commerce's limitation of the duty drawback 
adjustments to information contained only on DIIBs closed during the 
POI was not reasonable based on the specific record of this case (which 
contained verified information on DIIBs closed after the POI).\6\ The 
Court remanded the case and directed Commerce to recalculate the duty 
drawback adjustments for Tos[ccedil]elik and [Ccedil]ayirova to account 
for one additional DIIB for each of the respondents.\7\
---------------------------------------------------------------------------

    \6\ See Tos[ccedil]elik Profil ve Sac Endustrisi, A.S. v. United 
States, Consol. Court No. 15-00339, Slip Op. 18-148 (CIT October 24, 
2018).
    \7\ See id.
---------------------------------------------------------------------------

    On December 7, 2018, Commerce issued the Second Remand 
Redetermination in accordance with the CIT's order.\8\ On remand, 
Commerce, recalculated the duty drawback adjustments for 
[Ccedil]ayirova and Tos[ccedil]elik

[[Page 4773]]

to include information from DIIBs that were closed after the POI. As a 
result, the estimated weighted-average dumping margin for 
[Ccedil]ayirova becomes 12.52%; and for Tos[ccedil]elik becomes 4.10%. 
The all-others rate becomes 4.33%.
---------------------------------------------------------------------------

    \8\ See Final Results of Second Redetermination Pursuant to 
Court Remand, Consol. Court No. 15-00339 (December 7, 2018) (Second 
Remand Redetermination).
---------------------------------------------------------------------------

    On December 19, 2018, the CIT entered judgment sustaining 
Commerce's Final Redetermination with respect to the date of sale 
determination and sustaining the Second Remand Redetermination with 
respect to the duty drawback adjustments.\9\ Thus, the effective date 
of this notice is December 29, 2018.
---------------------------------------------------------------------------

    \9\ See Tos[ccedil]elik Profil ve Sac Endustrisi, A.S. v. United 
States, Consol. Court No. 15-00339, Slip Op. 18-174 (CIT December 
19, 2018).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the Court of Appeals for the Federal Circuit (Federal 
Circuit) held that, pursuant to section 516A of the Tariff Act of 1930, 
as amended (the Act), Commerce must publish a notice of court decision 
that is not ``in harmony'' with a Commerce determination and must 
suspend liquidation of entries pending a ``conclusive'' court 
decision.\12\ The CIT's December 19, 2018, judgment constitutes a final 
decision of that court that is not in harmony with Commerce's Final 
Determination and Order. Thus, this notice is published in fulfillment 
of the publication requirements of Timken and section 516A of the Act.
---------------------------------------------------------------------------

    \10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \12\ See sections 516A(c) and (e) of the Act.
---------------------------------------------------------------------------

Amended Final Determination and Amended Order

    Because there is now a final court decision, Commerce is amending 
its Final Determination and Order with respect to the weighted-average 
dumping margins and AD cash deposit rates for [Ccedil]ayirova, 
Tos[ccedil]elik, and the companies covered by the all-others rate. The 
revised weighted-average dumping margins and cash deposit rates for 
these entities are as follows:

------------------------------------------------------------------------
                                             Weighted-
                                              average      Cash deposit
            Exporter/producer             dumping margin     (percent)
                                             (percent)
------------------------------------------------------------------------
[Ccedil]ayirova Boru Sanayi ve Ticaret             12.52           11.66
 A.S./Y[uuml]cel Boru Ithalat-Ihracat ve
 Pazarlama A.S..........................
Tos[ccedil]elik Profil ve Sac Endustrisi            4.10            3.24
 A.S./Tosyali Dis Ticaret A.S...........
All Others..............................            4.33            3.47
------------------------------------------------------------------------


    Note: The cash deposit rates listed above are adjusted to 
account for the applicable export subsidy rate of 0.86 percent found 
in the final determination of the companion countervailing duty 
investigation of this merchandise imported from Turkey.\13\

    \13\ See Order, 80 FR at 75057-58.
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Cash Deposit Requirements

    Because the above-referenced exporters/producers do not have 
superseding cash deposit rates, i.e., there have been no final results 
published in subsequent administrative reviews, Commerce will instruct 
U.S. Customs and Border Protection (CBP) to collect the revised cash 
deposit amounts listed above for [Ccedil]ayirova, Tos[ccedil]elik, and 
companies covered by the all others rate, effective, December 29, 2018.

Notification to Interested Parties

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

    Dated: February 12, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-02655 Filed 2-15-19; 8:45 am]
 BILLING CODE 3510-DS-P