Welded Carbon Steel Standard Pipes and Tubes From India: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results, 92091-92092 [2024-27319]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Notices financial information that is privileged or confidential, and subsection 552b(c)(9)(B), which permits closure to protect information that would be likely to significantly frustrate implementation of a proposed agency action were it to be disclosed prematurely. The closed session of the meeting will involve committee discussions and guidance regarding U.S. Government strategies and policies. The open session will be accessible via teleconference. To join the conference, submit inquiries to TAC@ bis.doc.gov. A limited number of seats will be available for members of the public to attend the open session in person. Reservations are not accepted. Special Accommodations: Individuals requiring special accommodations to access the public meeting should contact TAC@bis.doc.gov no later than Tuesday, December 3, 2024, so that appropriate arrangements can be made. 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[FR Doc. 2024–27368 Filed 11–20–24; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–502] Welded Carbon Steel Standard Pipes and Tubes From India: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 7, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Garg Tube Export LLP and Garg Tube Limited v. United States, Court No. 21–00169, sustaining the U.S. Department of Commerce’s (Commerce) first and second remand results pertaining to the administrative review of the antidumping duty (AD) order on welded carbon steel standard pipes and tubes (pipe and tube) from India covering the period May 1, 2018, through April 30, 2019. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final results of the administrative review and that Commerce is amending the final results with respect to the dumping margin assigned to Garg Tube Limited and Garg Tube Export LLP (collectively, Garg Tube). AGENCY: DATES: Applicable November 17, 2024. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0665. SUPPLEMENTARY INFORMATION: Background On March 19, 2021, Commerce published its Final Results in the 2018– 2019 AD administrative review of pipe and tube from India.1 Commerce 1 See Welded Carbon Steel Standard Pipes and Tubes from India: Final Results of Antidumping Duty Administrative Review; 2018–2019, 86 FR 14872 (March 19, 2021) (Final Results), and accompanying Issues and Decision Memorandum. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 92091 calculated a weighted-average dumping margin of 13.90 percent for Garg Tube.2 Garg Tube appealed Commerce’s Final Results. On February 3, 2023, the CIT granted Commerce’s request for a voluntary remand to recalculate Garg Tube’s weighted-average dumping margin established in the Final Results without making a cost-based particular market situation (PMS) adjustment.3 In its final results of the first remand redetermination, issued in March 2023, Commerce reversed a PMS adjustment made to the cost of production (COP) in the Final Results and recalculated Garg Tube’s weighted-average dumping margin accordingly.4 On April 8, 2024, the CIT remanded the Final Results to Commerce, holding that it was not reasonably discernable from Commerce’s analysis which statutory provision under section 776 of the Tariff Act of 1930, as amended (the Act), it was relying upon in applying partial adverse facts available (AFA) with respect to COP for pipe and tube sourced from an unaffiliated supplier.5 The CIT further held that to the extent that Commerce relied on section 776(a) of the Act, Commerce must further support its determination by addressing the Mueller 6 factors, and to the extent Commerce relied on section 776(b) of the Act, Commerce must explain why Garg Tube did not act to the best of its ability and do all that it could to cooperate.7 In its final results of the second remand redetermination, issued in July 2024, Commerce clarified its methodology and, under respectful protest, modified the margin calculations for Garg Tube by relying on facts available, with no adverse inference, to fill the gap in the record on the unaffiliated supplier’s missing COP information caused by its noncooperation.8 The CIT sustained 2 Id. at 14873. Garg Tube Export LLP and Garg Tube Limited v. United States, Court No. 21–00169 (CIT February 3, 2023); see also Commerce’s February 2, 2023, consent motion for a voluntary remand (the CIT granted the motion without modification). 4 See Final Results of Redetermination Pursuant to Court Remand, Garg Tube Export LLP and Garg Tube Limited v. United States, Court No. 21–00169, (CIT February 3, 2023), dated March 16, 2023. 5 See Garg Tube Export LLP and Garg Tube Limited v. United States, 698 F. Supp. 3d 1230 (CIT 2024) (Garg Tube). 6 See Mueller Comercial de Mexico, S. de R.L. de C.V. v. United States, 753 F.3d 1227 (Fed. Cir. 2014) (Mueller). 7 See Garg Tube. 8 See Final Results of Redetermination Pursuant to Court Remand, Garg Tube Export LLP and Garg Tube Limited v. United States, 698 F. Supp. 3d 1230 (CIT 2024), dated July 8, 2024. 3 See E:\FR\FM\21NON1.SGM 21NON1 92092 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Notices Commerce’s final results of the first and second redeterminations.9 Timken Notice In its decision in Timken,10 as clarified by Diamond Sawblades,11 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to sections 516A(c) and (e) of 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 November 7, 2024, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to Garg Tube as follows: Weightedaverage dumping margin (percent) Producer or exporter Garg Tube Export LLP and Garg Tube Limited ........................... lotter on DSK11XQN23PROD with NOTICES1 Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that were produced and/or exported by Garg Tube, and were entered, or withdrawn from warehouse, for consumption during the period May 1, 2018, through April 30, 2019. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on 9 See Garg Tube Export LLP and Garg Tube Limited v. United States, Court No. 21–00169, Slip Op. 24–124 and Judgment Order (CIT November 7, 2024). 10 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 11 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 18:02 Nov 20, 2024 Jkt 265001 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: November 15, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–27319 Filed 11–20–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–838, C–821–839] Ferrosilicon From the Russian Federation: Antidumping and Countervailing Duty Orders 4.25 Cash Deposit Requirements Because Garg Tube does not have a superseding cash deposit rate, i.e., there have not been final results published in a subsequent administrative review, we will issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). VerDate Sep<11>2014 unliquidated entries of subject merchandise produced and/or exported by Garg Tube in accordance with 19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific ad valorem assessment rate is not zero or de minimis. Where an import-specific ad valorem assessment rate is zero or de minimis,12 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on ferrosilicon from the Russian Federation (Russia). DATES: Applicable November 21, 2024. FOR FURTHER INFORMATION CONTACT: Jacob Saude, 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) 482–0981. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with sections 705(d), 735(d), and 777(i) of the Tariff Act of 1930, as amended (the Act), on September 18, 2024, Commerce published its affirmative final determination of sales at less than fair value and its final affirmative determination that countervailable 12 See PO 00000 19 CFR 351.106(c)(2). Frm 00007 Fmt 4703 Sfmt 4703 subsidies are being provided to producers and exporters of ferrosilicon from Russia.1 As part of these determinations, Commerce made affirmative critical circumstances findings for the Russia-wide entity in the AD investigation and for Russian Ferro Alloys Inc./RFA International LP and all other producers and/or exporters in the CVD investigation. On November 4, 2024, the ITC notified Commerce of its affirmative final determination that an industry in the United States is materially injured within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act, by reason of imports of ferrosilicon that are subsidized by the government of Russia and sold in the United States at less than fair value.2 On November 8, 2024, in accordance with section 735(d) of the Act, the ITC published in the Federal Register its affirmative final injury determination in these investigations in which it found that an industry in the United States is materially injured by reason of imports of ferrosilicon from Russia.3 In addition, the ITC found that critical circumstances do not exist with regard to imports from Russia.4 Scope of the Orders The product covered by these orders is ferrosilicon from Russia. For a complete description of the scope of the orders, see the appendix to this notice. Antidumping Duty Order On November 4, 2024, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of ferrosilicon that are sold in the United States at less than fair value. Therefore, in accordance with sections 735(c)(2) and 736 of the Act, Commerce is issuing this AD order. Because the ITC determined that imports of ferrosilicon from Russia are materially injuring a U.S. industry, unliquidated entries of such merchandise from Russia, entered or withdrawn from 1 See Ferrosilicon from the Russian Federation: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 89 FR 76450 (September 18, 2024); see also Ferrosilicon from the Russian Federation: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, 89 FR 76454 (September 18, 2024). 2 See ITC Letter, ‘‘Notification of ITC Final Determination,’’ dated November 4, 2024. 3 See Ferrosilicon from Russia, 89 FR 88814 (November 8, 2024) (ITC Final Determination). 4 Id. E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Notices]
[Pages 92091-92092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27319]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-502]


Welded Carbon Steel Standard Pipes and Tubes From India: Notice 
of Court Decision Not in Harmony With the Results of Antidumping 
Administrative Review; Notice of Amended Final Results

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

SUMMARY: On November 7, 2024, the U.S. Court of International Trade 
(CIT) issued its final judgment in Garg Tube Export LLP and Garg Tube 
Limited v. United States, Court No. 21-00169, sustaining the U.S. 
Department of Commerce's (Commerce) first and second remand results 
pertaining to the administrative review of the antidumping duty (AD) 
order on welded carbon steel standard pipes and tubes (pipe and tube) 
from India covering the period May 1, 2018, through April 30, 2019. 
Commerce is notifying the public that the CIT's final judgment is not 
in harmony with Commerce's final results of the administrative review 
and that Commerce is amending the final results with respect to the 
dumping margin assigned to Garg Tube Limited and Garg Tube Export LLP 
(collectively, Garg Tube).

DATES: Applicable November 17, 2024.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0665.

SUPPLEMENTARY INFORMATION:

Background

    On March 19, 2021, Commerce published its Final Results in the 
2018-2019 AD administrative review of pipe and tube from India.\1\ 
Commerce calculated a weighted-average dumping margin of 13.90 percent 
for Garg Tube.\2\
---------------------------------------------------------------------------

    \1\ See Welded Carbon Steel Standard Pipes and Tubes from India: 
Final Results of Antidumping Duty Administrative Review; 2018-2019, 
86 FR 14872 (March 19, 2021) (Final Results), and accompanying 
Issues and Decision Memorandum.
    \2\ Id. at 14873.
---------------------------------------------------------------------------

    Garg Tube appealed Commerce's Final Results. On February 3, 2023, 
the CIT granted Commerce's request for a voluntary remand to 
recalculate Garg Tube's weighted-average dumping margin established in 
the Final Results without making a cost-based particular market 
situation (PMS) adjustment.\3\ In its final results of the first remand 
redetermination, issued in March 2023, Commerce reversed a PMS 
adjustment made to the cost of production (COP) in the Final Results 
and recalculated Garg Tube's weighted-average dumping margin 
accordingly.\4\
---------------------------------------------------------------------------

    \3\ See Garg Tube Export LLP and Garg Tube Limited v. United 
States, Court No. 21-00169 (CIT February 3, 2023); see also 
Commerce's February 2, 2023, consent motion for a voluntary remand 
(the CIT granted the motion without modification).
    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Garg Tube Export LLP and Garg Tube Limited v. United States, 
Court No. 21-00169, (CIT February 3, 2023), dated March 16, 2023.
---------------------------------------------------------------------------

    On April 8, 2024, the CIT remanded the Final Results to Commerce, 
holding that it was not reasonably discernable from Commerce's analysis 
which statutory provision under section 776 of the Tariff Act of 1930, 
as amended (the Act), it was relying upon in applying partial adverse 
facts available (AFA) with respect to COP for pipe and tube sourced 
from an unaffiliated supplier.\5\ The CIT further held that to the 
extent that Commerce relied on section 776(a) of the Act, Commerce must 
further support its determination by addressing the Mueller \6\ 
factors, and to the extent Commerce relied on section 776(b) of the 
Act, Commerce must explain why Garg Tube did not act to the best of its 
ability and do all that it could to cooperate.\7\
---------------------------------------------------------------------------

    \5\ See Garg Tube Export LLP and Garg Tube Limited v. United 
States, 698 F. Supp. 3d 1230 (CIT 2024) (Garg Tube).
    \6\ See Mueller Comercial de Mexico, S. de R.L. de C.V. v. 
United States, 753 F.3d 1227 (Fed. Cir. 2014) (Mueller).
    \7\ See Garg Tube.
---------------------------------------------------------------------------

    In its final results of the second remand redetermination, issued 
in July 2024, Commerce clarified its methodology and, under respectful 
protest, modified the margin calculations for Garg Tube by relying on 
facts available, with no adverse inference, to fill the gap in the 
record on the unaffiliated supplier's missing COP information caused by 
its non-cooperation.\8\ The CIT sustained

[[Page 92092]]

Commerce's final results of the first and second redeterminations.\9\
---------------------------------------------------------------------------

    \8\ See Final Results of Redetermination Pursuant to Court 
Remand, Garg Tube Export LLP and Garg Tube Limited v. United States, 
698 F. Supp. 3d 1230 (CIT 2024), dated July 8, 2024.
    \9\ See Garg Tube Export LLP and Garg Tube Limited v. United 
States, Court No. 21-00169, Slip Op. 24-124 and Judgment Order (CIT 
November 7, 2024).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the U.S. Court of Appeals for the Federal Circuit held 
that, pursuant to sections 516A(c) and (e) of 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 November 7, 2024, judgment 
constitutes a final decision of the CIT that is not in harmony with 
Commerce's Final Results. Thus, this notice is published in fulfillment 
of the publication requirements of Timken.
---------------------------------------------------------------------------

    \10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to Garg Tube as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Garg Tube Export LLP and Garg Tube Limited.................        4.25
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Garg Tube does not have a superseding cash deposit rate, 
i.e., there have not been final results published in a subsequent 
administrative review, we will issue revised cash deposit instructions 
to U.S. Customs and Border Protection (CBP).

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were produced and/or exported by Garg Tube, 
and were entered, or withdrawn from warehouse, for consumption during 
the period May 1, 2018, through April 30, 2019. These entries will 
remain enjoined pursuant to the terms of the injunction during the 
pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise produced and/or exported by Garg Tube in accordance 
with 19 CFR 351.212(b). We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific ad valorem assessment rate is not zero or de minimis. 
Where an import-specific ad valorem assessment rate is zero or de 
minimis,\12\ we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

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: November 15, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-27319 Filed 11-20-24; 8:45 am]
BILLING CODE 3510-DS-P
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