[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Notices]
[Pages 69647-69648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27829]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-965]
Drill Pipe From the People's Republic of China: Notice of Court
Decision Not in Harmony With Final Determination of Sales at Less Than
Fair Value and Notice of Amended Final Determination of Sales at Less
Than Fair Value Pursuant to Court Decision
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce
SUMMARY: On November 4, 2013, the United States Court of International
Trade (``Court'' or ``CIT'') issued its final judgment in Downhole Pipe
v. United States,\1\ sustaining the Department of Commerce's
(Department) Remand Results.\2\ Consistent with the decision of the
United States Court of Appeals for the Federal Circuit (``Federal
Circuit'') in Timken Co., v. United States, 893 F.2d 337 (Fed. Cir.
1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition
v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond
Sawblades''), the Department is notifying the public that the final CIT
judgment in this case is not in harmony with the Department's Final
Determination \3\ and is amending the Final Determination with respect
to the surrogate values (``SV'') for drill pipe green tubes and the
labor wage rate in the less-than-fair-value investigation.
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\1\ Downhole Pipe & Equipment, LP, and DP-Master Manufacturing
Co., Ltd., v. United States, and VAM Drilling USA, Texas Steel
Conversion, Inc., Rotary Drilling Tools, TMK IPSCO, and U.S. Steel
Corp., Court No. 1-00081, Slip Op. 13-134 (November 4, 2013)
(``Downhole Pipe v. United States'').
\2\ See Final Results of Redetermination Pursuant to Court
Remand: Drill Pipe from the People's Republic of China Downhole Pipe
& Equip LP, v. United States, Court No. 11-00081, Slip op. 12-141
(CIT 2012), dated May 13, 2013 (``Remand Results'').
\3\ See Drill Pipe From the People's Republic of China: Final
Determination of Sales at Less Than Fair Value and Critical
Circumstances, 76 FR 1966 (January 11, 2011) (``Final
Determination'').
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DATES: Effective Date: November 14, 2013.
FOR FURTHER INFORMATION CONTACT: Alexander Montoro, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
[[Page 69648]]
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0238.
SUPPLEMENTARY INFORMATION: On May 13, 2013, the Department filed the
Remand Results, in which the Department selected Indian imports under
HTS 7304.59.20 as the SV for drill pipe green tube. In addition, the
Department revised the labor wage rate and applied the wage rate
methodology from Labor Methodologies.\4\ On November 4, 2013, the Court
sustained the Department's Remand Results.\5\
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\4\ 1 See Dorbest, Ltd. v. United States, 604 F.3d 1363, 1372
(Fed. Cir. 2010) (``Dorbest''); see also Antidumping Methodologies
in Proceedings Involving Non-Market Economies: Valuing the Factor of
Production: Labor, 76 FR 36092 (June 21, 2011) (``Labor
Methodologies'').
\5\ See Downhole Pipe v. United States.
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Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the Federal Circuit has held that, pursuant to section
516A(e) of the Tariff Act of 1930, as amended (``the Act''), the
Department must publish a notice of a court decision not ``in harmony''
with a Department determination, and must suspend liquidation of
entries pending a ``conclusive'' court decision. The Court's November
4, 2013, judgment constitutes a final decision of the Court that is not
in harmony with the Department's Final Determination. This notice is
published in fulfillment of the publication requirement of Timken.
Accordingly, the Department will continue the suspension of liquidation
of the subject merchandise pending the expiration of the period of
appeal, or if appealed, pending a final and conclusive court decision.
Since the Final Determination, the Department has recalculated the
normal values to reflect these changes and, as a result of this
redetermination, the antidumping duty cash deposit rate for DP-Master
Co. Ltd., is 149.36 percent.
Amended Final Determination
Because there is now a final court decision, we are amending the
Final Determination. As a result of this redetermination, the
antidumping duty cash deposit rate for DP-Master Co. Ltd., is 149.36
percent and we will instruct U.S. Customs and Border Protection
accordingly. This notice is issued and published in accordance with
sections 516A(e)(1), 735, and 777(i)(1) of the Act.
Dated: November 13, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-27829 Filed 11-19-13; 8:45 am]
BILLING CODE 3510-DS-P