Circular Welded Carbon Steel Pipes and Tubes From Thailand: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision, 55785-55786 [2022-19630]

Download as PDF Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Notices 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(a)(3), which continues to govern business proprietary information in this segment of proceeding. Timely written notification of the return/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. Notification to Interested Parties These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: August 30, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Subsidies Valuation Information VI. Analysis of the Programs VII. Discussion of the Issues Comment 1: Whether to Correct for Certain Calculation Errors for TII Comment 2: Countervailability of Steel Authority of India Ltd. (SAIL) for Less Than Adequate Renumeration (LTAR) Program Comment 3: Whether to Revise the Calculation for the Merchandise Export from India Scheme (MEIS) for TII Comment 4: Whether to Countervail Certain Programs Located in a Special Economic Zone (SEZ) Comment 5: Whether to Include Deemed Exports in Certain Denominators VIII. Recommendation [FR Doc. 2022–19629 Filed 9–9–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration lotter on DSK11XQN23PROD with NOTICES1 [A–549–502] Circular Welded Carbon Steel Pipes and Tubes From Thailand: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 25, 2022, the U.S. Court of International Trade (CIT) AGENCY: VerDate Sep<11>2014 17:06 Sep 09, 2022 Jkt 256001 issued its final judgment in Saha Steel Pipe Public Company, Ltd v. United States, Court No. 20–00133, Slip Op. 22–99 (Saha Steel), sustaining the Department of Commerce (Commerce)’s final results of redetermination pertaining to the scope ruling for the antidumping duty (AD) order on circular welded carbon steel pipes and tubes (CWP) from Thailand. In the redetermination, Commerce found that dual-stenciled standard pipe and line pipe are outside the scope of the order, pursuant to the CIT’s remand order in Saha Thai Steel Pipe Public Company Ltd v. United States, 547 F. Supp. 3d 1278 (CIT Oct. 6, 2021) (Remand Order). Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final scope ruling, and that Commerce is amending the scope ruling to find that dualstenciled standard pipe and line pipe are outside the scope of the order. DATES: Applicable September 4, 2022. FOR FURTHER INFORMATION CONTACT: Leo Ayala, 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) 482–3945. SUPPLEMENTARY INFORMATION: Background On June 30, 2020, in its Final Scope Ruling, Commerce found that dualstenciled standard pipe and line pipe, products which are stenciled as meeting industry standards for both standard pipe and line pipe, are within the scope of the AD order on CWP from Thailand.1 Commerce also found that line pipe, which is not dual-stenciled as standard pipe and line pipe, is not within the scope of the Order.2 Saha Thai Steel Pipe Public Company Ltd. appealed Commerce’s Final Scope Ruling with respect to its determination on dual-stenciled standard pipe and line pipe. On October 6, 2021, the CIT remanded the Final Scope Ruling to Commerce to conduct an analysis that reconsidered the sources listed in 19 CFR 351.225(k)(1) to determine whether dual-stenciled pipe, which is certified for use in standard pipe or line pipe applications, falls within the scope of the Order.3 In accordance with the CIT’s 1 See Memorandum, ‘‘Antidumping Duty Order on Circular Welded Carbon Steel Pipes and Tubes from Thailand: Final Scope Ruling on Line Pipe and Dual-Stenciled Standard and Line Pipe,’’ dated June 30, 2020 (Final Scope Ruling). See also Antidumping Duty Order; Circular Welded Carbon Steel Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986) (Order). 2 See Final Scope Ruling. 3 See Remand Order. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 55785 analysis and conclusions, Commerce issued its final results of redetermination, submitted to the CIT on April 22, 2022, in which Commerce, under protest, concluded that dualstenciled standard pipe and line pipe are outside the scope of the Order.4 The CIT subsequently sustained Commerce’s Amended Final Redetermination.5 Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 the Court of Appeals for the Federal Circuit held that, pursuant to sections 516A(c) and (e) 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. The CIT’s August 25, 2022, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Scope Ruling. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Scope Ruling In accordance with the CIT’s August 25, 2022, final judgment, Commerce is amending its Final Scope Ruling and determines that the scope of the Order does not cover dual-stenciled standard pine and line pipe addressed in the Final Scope Ruling. Liquidation of Suspended Entries Commerce will instruct U.S. Customs and Border Protection (CBP) that, pending any appeals, the cash deposit rate will be zero percent for entries of dual-stenciled standard pipe and line pipe produced in Thailand. In the event that the CIT’s final judgment is not appealed or is upheld on appeal, Commerce will instruct CBP to lift suspension of liquidation of such 4 See ‘‘Saha Thai Steel Pipe Public Company, Ltd., v. United States, Court No. 1:20–cv–133, Slip Op. 21–135 (CIT October 6, 2021)—Amended Final Results of Redetermination Pursuant to Court Remand’’ dated April 22, 2022. (Amended Final Redetermination). Commerce previously submitted a final results of redetermination on January 4, 2022. See Saha Thai Steel Pipe Public Company, Ltd., v. United States, Court No. 1:20–cv–133, Slip Op. 21–135 (CIT October 6, 2021)—Final Results of Redetermination Pursuant to Court Remand,’’ ECF No. 58. However, on a motion by the government, the Court granted Commerce leave to amend the final results of redetermination by removing extraneous legal arguments, and to submit an amended final results of redetermination. See Amended Final Redetermination. 5 See Saha Steel. 6 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 7 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\12SEN1.SGM 12SEN1 55786 Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Notices entries, and to liquidate entries of dualstenciled standard pipe and line pipe produced in Thailand without regard to antidumping duties. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e), and 777(i)(1) of the Act. Dated: September 1, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–19630 Filed 9–9–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC353] Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of SEDAR 82 South Atlantic Gray Triggerfish Post-Data Workshop Webinar. AGENCY: The SEDAR 82 assessment of the South Atlantic stock of Gray Triggerfish will consist of a data workshop, a series of assessment webinars, and a review workshop. A SEDAR 82 Post-Data Workshop webinar is scheduled for October 3, 2022. DATES: The SEDAR 82 South Atlantic Gray Triggerfish Post-Data Workshop via webinar has been scheduled for October 3, 2022, from 11 a.m. until 2 p.m. eastern. The established times may be adjusted as necessary to accommodate the timely completion of discussion relevant to the assessment process. Such adjustments may result in the meeting being extended from or completed prior to the time established by this notice. ADDRESSES: The meeting will be held via webinar. The webinar is open to members of the public. Registration for the webinar is available by contacting the SEDAR coordinator via email at Kathleen.Howington@safmc.net. SEDAR address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N Charleston, SC 29405; www.sedarweb.org. FOR FURTHER INFORMATION CONTACT: Kathleen Howington, SEDAR Coordinator, 4055 Faber Place Drive, lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:06 Sep 09, 2022 Jkt 256001 Suite 201, North Charleston, SC 29405; phone: (843) 571–4371; email: Kathleen.Howington@safmc.net. SUPPLEMENTARY INFORMATION: The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions, have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a threestep process including: (1) Data Workshop; (2) Assessment Process utilizing webinars; and (3) Review Workshop. The product of the Data Workshop is a data report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The product of the Assessment Process is a stock assessment report which describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The assessment is independently peer reviewed at the Review Workshop. The product of the Review Workshop is a Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, Highly Migratory Species Management Division, and Southeast Fisheries Science Center. Participants include: data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and nongovernmental organizations (NGOs); international experts; and staff of Councils, Commissions, and state and federal agencies. The items of discussion at the SEDAR 82 South Atlantic Gray Triggerfish PostData Workshop webinar are as follows: finalize any data decisions and discuss writing requirements. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Act, provided the public has been notified of the intent to take final action to address the emergency. Special Accommodations This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the South Atlantic Fishery Management Council office (see ADDRESSES) at least 5 business days prior to the meeting. Note: The times and sequence specified in this agenda are subject to change. Authority: 16 U.S.C. 1801 et seq. Dated: September 7, 2022. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–19650 Filed 9–9–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC343] Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The Pacific Fishery Management Council’s (Pacific Council) Coastal Pelagic Species Management Team (CPSMT) will hold a public meeting. SUMMARY: The meeting will be held Tuesday, September 27 and Wednesday, September 28, 2022, from 8:30 a.m. to 5 p.m. Pacific daylight time and Thursday, September 29, 2022, from 8:30 a.m. to 1 p.m. or until business for the day has been completed. ADDRESSES: This meeting will be held at the Buzzelli/Loeb Room (Room 155) of the Scripps Institute of Oceanography at 8610 Kennel Way, La Jolla, CA 92037. Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220–1384. FOR FURTHER INFORMATION CONTACT: Jessi Doerpinghaus, Staff Officer, Pacific Council; telephone: (503) 820–2415. SUPPLEMENTARY INFORMATION: The primary purpose of this meeting is to discuss and potentially develop work products and recommendations for the Pacific Council’s November 2022 meeting and April 2023 meeting. Topics will include Fishery Management Plan DATES: E:\FR\FM\12SEN1.SGM 12SEN1

Agencies

[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55785-55786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19630]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Circular Welded Carbon Steel Pipes and Tubes From Thailand: 
Notice of Court Decision Not in Harmony With Final Scope Ruling and 
Notice of Amended Final Scope Ruling Pursuant to Court Decision

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

SUMMARY: On August 25, 2022, the U.S. Court of International Trade 
(CIT) issued its final judgment in Saha Steel Pipe Public Company, Ltd 
v. United States, Court No. 20-00133, Slip Op. 22-99 (Saha Steel), 
sustaining the Department of Commerce (Commerce)'s final results of 
redetermination pertaining to the scope ruling for the antidumping duty 
(AD) order on circular welded carbon steel pipes and tubes (CWP) from 
Thailand. In the redetermination, Commerce found that dual-stenciled 
standard pipe and line pipe are outside the scope of the order, 
pursuant to the CIT's remand order in Saha Thai Steel Pipe Public 
Company Ltd v. United States, 547 F. Supp. 3d 1278 (CIT Oct. 6, 2021) 
(Remand Order). Commerce is notifying the public that the CIT's final 
judgment is not in harmony with Commerce's final scope ruling, and that 
Commerce is amending the scope ruling to find that dual-stenciled 
standard pipe and line pipe are outside the scope of the order.

DATES: Applicable September 4, 2022.

FOR FURTHER INFORMATION CONTACT: Leo Ayala, 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) 482-3945.

SUPPLEMENTARY INFORMATION:

Background

    On June 30, 2020, in its Final Scope Ruling, Commerce found that 
dual-stenciled standard pipe and line pipe, products which are 
stenciled as meeting industry standards for both standard pipe and line 
pipe, are within the scope of the AD order on CWP from Thailand.\1\ 
Commerce also found that line pipe, which is not dual-stenciled as 
standard pipe and line pipe, is not within the scope of the Order.\2\
---------------------------------------------------------------------------

    \1\ See Memorandum, ``Antidumping Duty Order on Circular Welded 
Carbon Steel Pipes and Tubes from Thailand: Final Scope Ruling on 
Line Pipe and Dual-Stenciled Standard and Line Pipe,'' dated June 
30, 2020 (Final Scope Ruling). See also Antidumping Duty Order; 
Circular Welded Carbon Steel Pipes and Tubes from Thailand, 51 FR 
8341 (March 11, 1986) (Order).
    \2\ See Final Scope Ruling.
---------------------------------------------------------------------------

    Saha Thai Steel Pipe Public Company Ltd. appealed Commerce's Final 
Scope Ruling with respect to its determination on dual-stenciled 
standard pipe and line pipe. On October 6, 2021, the CIT remanded the 
Final Scope Ruling to Commerce to conduct an analysis that reconsidered 
the sources listed in 19 CFR 351.225(k)(1) to determine whether dual-
stenciled pipe, which is certified for use in standard pipe or line 
pipe applications, falls within the scope of the Order.\3\ In 
accordance with the CIT's analysis and conclusions, Commerce issued its 
final results of redetermination, submitted to the CIT on April 22, 
2022, in which Commerce, under protest, concluded that dual-stenciled 
standard pipe and line pipe are outside the scope of the Order.\4\ The 
CIT subsequently sustained Commerce's Amended Final Redetermination.\5\
---------------------------------------------------------------------------

    \3\ See Remand Order.
    \4\ See ``Saha Thai Steel Pipe Public Company, Ltd., v. United 
States, Court No. 1:20-cv-133, Slip Op. 21-135 (CIT October 6, 
2021)--Amended Final Results of Redetermination Pursuant to Court 
Remand'' dated April 22, 2022. (Amended Final Redetermination). 
Commerce previously submitted a final results of redetermination on 
January 4, 2022. See Saha Thai Steel Pipe Public Company, Ltd., v. 
United States, Court No. 1:20-cv-133, Slip Op. 21-135 (CIT October 
6, 2021)--Final Results of Redetermination Pursuant to Court 
Remand,'' ECF No. 58. However, on a motion by the government, the 
Court granted Commerce leave to amend the final results of 
redetermination by removing extraneous legal arguments, and to 
submit an amended final results of redetermination. See Amended 
Final Redetermination.
    \5\ See Saha Steel.
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
sections 516A(c) and (e) 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. The CIT's August 
25, 2022, judgment constitutes a final decision of the CIT that is not 
in harmony with Commerce's Final Scope Ruling. Thus, this notice is 
published in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------

    \6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Scope Ruling

    In accordance with the CIT's August 25, 2022, final judgment, 
Commerce is amending its Final Scope Ruling and determines that the 
scope of the Order does not cover dual-stenciled standard pine and line 
pipe addressed in the Final Scope Ruling.

Liquidation of Suspended Entries

    Commerce will instruct U.S. Customs and Border Protection (CBP) 
that, pending any appeals, the cash deposit rate will be zero percent 
for entries of dual-stenciled standard pipe and line pipe produced in 
Thailand. In the event that the CIT's final judgment is not appealed or 
is upheld on appeal, Commerce will instruct CBP to lift suspension of 
liquidation of such

[[Page 55786]]

entries, and to liquidate entries of dual-stenciled standard pipe and 
line pipe produced in Thailand without regard to antidumping duties.

Notification to Interested Parties

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

    Dated: September 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19630 Filed 9-9-22; 8:45 am]
BILLING CODE 3510-DS-P