[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Notices]
[Pages 48965-48966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19956]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-814]
Certain Carbon Steel Butt-Weld Pipe Fittings From the People's
Republic of China: Notice of Court Decision Not in Harmony With Amended
Final Scope Ruling and Notice of Amended Final Scope Ruling in
Accordance With Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 27, 2012, in King Supply Co. LLC v. United States,
674 F.3d 1343 (Fed. Cir. Mar 27, 2012) (``King Supply III''), the U.S.
Court of Appeals for the Federal Circuit (``CAFC'') reversed the
decision of the U.S. Court of International Trade (``CIT'') in King
Supply Co. LLC v. United States, Slip Op. 11-2, Court No. 09-477
(January 06, 2011) (``King Supply II''). In King Supply II, pursuant to
the CIT's remand order, the Department of Commerce's (``Department'')
results of redetermination construed the scope of the Order \1\ as
excluding carbon steel butt-weld pipe fittings from the People's
Republic of China (``PRC'') used in structural applications. In King
Supply III, the CAFC, reversing the CIT, held that: (1) The Department
in its original scope ruling reasonably determined that the scope of
the Order did not give rise to an end use restriction, (2) the
Department's original scope ruling was supported by substantial
evidence, and (3) the CIT gave insufficient deference to the Department
in interpreting the Order. 674 F.3d at 1345, 1349, 1350-51. As there is
now a final and conclusive court decision with respect to the
litigation pertaining to this proceeding, we are hereby publishing the
final scope ruling that pipe fittings imported by King Supply are
within the scope of the order and amending our January 26,
[[Page 48966]]
2011, amended final scope ruling consistent with the CAFC decision.\2\
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\1\ See Antidumping Duty Order and Amendment to the Final
Determination of Sales at Less Than Fair Value; Certain Carbon Steel
Butt-Weld Pipe Fittings From the People's Republic of China, 57 FR
29702 (July 6, 1992) (``Order'').
\2\ See Memorandum from Edward C. Yang, Senior NME Coordinator
to John M. Andersen, Acting Deputy Assistant Secretary, Final Scope
Ruling: Antidumping Duty Order on Carbon Steel Butt-Weld Pipe
Fittings from the People's Republic of China, dated October 20, 2009
(``Final Scope Ruling''); see also Carbon Steel Butt-Weld Pipe
Fittings From the People's Republic of China: Notice of Court
Decision Not in Harmony With Final Scope Ruling and Notice of
Amended Final Scope Ruling Pursuant to Court Decision, 76 FR 4633
(January 26, 2011).
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DATES: Effective Date: August 15, 2012.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-2312.
SUPPLEMENTARY INFORMATION: On July 13, 2009, the Department issued a
final scope ruling on carbon steel butt-weld pipe fittings from the PRC
used in structural applications.\3\ In the Final Scope Ruling, the
Department found that carbon steel butt-weld pipe fittings from the PRC
used in structural applications were covered by the Order because they
met the physical description of subject merchandise.\4\
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\3\ See Final Scope Ruling.
\4\ See Final Scope Ruling, at 6.
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In King Supply Co. LLC v. United States, Slip Op. 10-111, Court No.
09-00477 (September 30, 2010) (``King Supply I''), the CIT determined
that the scope language of the Order contains an end-use element that
results in the exclusion of pipe fittings used to join sections in
structural applications from the Order. Therefore, the CIT ordered the
Department to issue a scope determination that construes the scope of
the Order as excluding carbon steel butt-weld pipe fittings used in
structural applications.\5\ On December 1, 2010, the Department issued
its final results of redetermination pursuant to King Supply I.
Pursuant to the remand order in King Supply I, we construed the scope
of the Order as excluding carbon steel butt-weld pipe fittings used
only in structural applications. The CIT sustained the Department's
scope redetermination on January 6, 2011.\6\
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\5\ See King Supply I, at 3.
\6\ See King Supply II.
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As noted above, the CAFC subsequently reversed the CIT's decision
in King Supply II, and found that it was reasonable for the Department
to have read the scope language at issue as not constituting an end-use
restriction, such that King's imported pipe fittings are within the
scope of the order.
Amended Final Scope Ruling
In accordance with the CAFC's decision in King Supply Co. LLC v.
United States, pipe fittings imported by King Supply are within the
scope of the order. Accordingly, the Department will instruct U.S.
Customs and Border Protection to continue to suspend entries of carbon
steel butt-weld pipe fittings from the PRC used only in structural
applications at the cash deposit rates currently in effect.
This notice is issued and published in accordance with section
516A(c)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.225.
Dated: August 3, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-19956 Filed 8-14-12; 8:45 am]
BILLING CODE 3510-DS-P