[Federal Register Volume 79, Number 77 (Tuesday, April 22, 2014)]
[Notices]
[Pages 22478-22479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09130]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Notice of Court Decision Not in Harmony With Final Results of
Administrative Review and Notice of Amended Final Results of
Administrative Review; 2008-2009
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 25, 2013, the United States Court of
International Trade (Court or CIT) issued its final judgment affirming
the Department of Commerce's (the Department's) final results of the
remand redetermination \1\ concerning the 2008-2009 administrative
review of the antidumping duty order on circular welded non-alloy steel
pipe (CWP) from the Republic of Korea (Korea).\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 results of
administrative review and is amending its final results of the
administrative review of the antidumping duty order on CWP from Korea
covering the period of review (POR) of November 1, 2008, through
October 31, 2009, with respect to the weighted-average dumping margin
calculated for SeAH Steel Corporation (SeAH).
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\1\ See ``Final Results of Redetermination Pursuant to Remand:
SeAH Steel Corporation and Kurt Orban Partners, LLC v. United States
(Defendant) and Allied Tube Conduit et al. (Defendants-Intervenors),
Consol. Court No. 11-00226'' (January 11, 2012) (Remand Results).
\2\ See SeAH Steel Corporation and Kurt Orban Partners, LLC v.
United States and Allied Tube and Conduit, TMK IPSCO Tubular, and
United States Steel Corporation, Consol. Court No. 11-00226, Slip
Op. 13-124 (CIT September 25, 2013) (SeAH v. United States).
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DATES: Effective Date: October 5, 2013.
FOR FURTHER INFORMATION CONTACT: Nancy Decker or Joshua Morris, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0196 or (202)
482-1779, respectively.
SUPPLEMENTARY INFORMATION: The Department published the final results
of the 2008-2009 administrative review of the antidumping duty order on
CWP from Korea on June 21, 2011.\3\ SeAH, a Korean producer and
exporter of CWP, and Kurt Orban Partners, LLC, a U.S. importer of the
same merchandise, timely filed complaints with the CIT to challenge the
Department's application of its zeroing methodology in the Final
Results. SeAH also challenged the cost recovery analysis the Department
employed in the Final Results. On October 13, 2011, the Court remanded
the Department to reconsider its position with regard to its zeroing
methodology in the underlying administrative review in light of the
decision of the Federal Circuit in JTEKT Corp. v. United States, 642
F.3d 1378 (Fed. Cir. 2011) (JTEKT), while also granting the
Department's request for a voluntary remand to reconsider its cost-
recovery analysis in light of SeAH Steel Corp. v. United States, 764 F.
Supp. 2d 1322 (CIT 2011) (SeAH II).\4\ On January 11, 2012, the
Department filed the Remand Results with the CIT, in which the
Department altered its cost-recovery analysis to comply with the
decision in SeAH II and provided its explanation supporting its
position to deny offsets for non-dumped sales in administrative reviews
when using the average-to-transaction comparison method. Accordingly,
the Department recalculated SeAH's weighted-average dumping margin from
4.99 percent to 3.87 percent. On September 25, 2013, the Court affirmed
the Department's Remand Results.\5\
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\3\ See Circular Welded Non-Alloy Steel Pipe From the Republic
of Korea: Final Results of the Antidumping Duty Administrative
Review, 76 FR 36089 (June 21, 2011) (Final Results).
\4\ See SeAH Steel Corporation and Kurt Orban Partners, LLC v.
United States (Defendant) and Allied Tube Conduit et al.
(Defendants-Intervenors), Court No. 11-00226 (CIT October 13, 2011).
\5\ See SeAH v. United States, Slip Op. 13-124 at 23.
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Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the Federal Circuit 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 September 25,
2013, judgment constitutes a final decision of the CIT that is not in
harmony with the Department's Final Results. This notice is published
in fulfillment of the publication requirement of Timken. The period of
appeal expired, and the court decision is now final and conclusive.
Amended Final Results
Because there is now a final court decision with respect to this
case, the Department is amending its Final Results with respect to
SeAH's weighted-average dumping margin for this POR. The revised
weighted-average dumping margin is as follows:
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Weighted-
Producer or exporter average
dumping margin
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SeAH Steel Corporation................................. 3.87%
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Since the CIT's ruling is final and has not been appealed, the
Department will instruct United State Customs and Border Protection
(CBP) to liquidate entries of subject merchandise from SeAH during the
POR based on the
[[Page 22479]]
revised assessment rates calculated by the Department in the Remand
Results. Since the Final Results, the Department established a new cash
deposit rate for SeAH. Therefore, the case deposit rate for SeAH will
remain the company-specific rate established for the subsequent and
most recent period for a completed administrative review during which
SeAH was reviewed.\6\
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\6\ See Circular Welded Non-Alloy Steel Pipe From the Republic
of Korea: Final Results of the Antidumping Duty Administrative
Review, 77 FR 34344, 34345 (June 11, 2012).
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This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: April 15, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-09130 Filed 4-21-14; 8:45 am]
BILLING CODE 3510-DS-P