[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Notices]
[Pages 28045-28046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12819]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-857]
Certain Oil Country Tubular Goods From India: Amendment of
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: On March 16, 2017, the United States Court of International
Trade (CIT) entered final judgment sustaining the final results of
remand redetermination pursuant to court order by the Department of
Commerce (Department) pertaining to the less-than-fair-value (LTFV)
investigation of certain oil country tubular goods (OCTG) from India.
This judgment was not appealed within the 60-day deadline, and became
final and conclusive on May 15, 2017. The Department previously
notified the public that the final judgment in this case is not in
harmony with the Department's final determination in the LTFV
investigation of OCTG from India. Because the judgement in this case is
final and conclusive, the Department is now amending its antidumping
duty order on OCTG from India covering the period of investigation
(POI) of July 1, 2012, through June 30, 2013, to exclude GVN Fuels
Limited (GVN) from the order and revise the dumping margin for Jindal
SAW, Limited (Jindal SAW).
DATES: Effective March 26, 2017.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2014, the Department published its final determination
of sales at LTFV and final negative determination of critical
circumstances in this proceeding.\1\ The Department reached affirmative
determinations for mandatory respondents GVN and Jindal SAW. On
September 2, 2014, the International Trade Commission notified the
Department of its affirmative determination that an industry in the
United States was materially injured by reason of LTFV imports of OCTG
from India.\2\ On September 10, 2014, the Department published the
antidumping duty orders on OCTG from India, the Republic of Korea,
Taiwan, the Republic of Turkey, and the Socialist Republic of
Vietnam,\3\
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and a correction on October 3, 2014.\4\ U.S. Steel appealed the Final
Determination to the CIT, and on May 5, 2016, the CIT sustained, in
part, and remanded, in part, the Final Determination.\5\ The court
remanded the Final Determination to the Department with respect to its
differential pricing analysis, specifically the Department's
application and explanation of its ratio test in this case, for further
explanation and consideration.\6\ Further, the court remanded for
further explanation and consideration the Department's determinations
that: (1) Jindal SAW was unaffiliated with certain suppliers of inputs;
(2) Jindal SAW's yield loss data reasonably reflected its costs of
production; and (3) the highest COP in GVN's cost database should be
assigned to its dual-grade products.\7\ On August 31, 2016, the
Department issued its final results of redetermination pursuant to
remand, in accordance with the CIT's order.\8\ On remand, the
Department revised the weighted-average dumping margins for both GVN
and Jindal SAW. On March 16, 2017, the CIT sustained the Department's
Final Redetermination.\9\ Parties had 60 days to appeal the CIT's
judgement. No party appealed the decision.
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\1\ See Final Determination of Sales at Less Than Fair Value and
Final Negative Determination of Critical Circumstances: Certain Oil
Country Tubular Good from India, 79 FR 41981 (July 18, 2014) (Final
Determination).
\2\ See Letter from the ITC to the Department, dated September
2, 2014; see also Certain Oil Country Tubular Goods from India,
Korea, Philippines, Taiwan, Thailand, Turkey, Ukraine, and Vietnam
(Investigation Nos. 701-TA-499-500 and 731-TA-1215-1217 and 1219-
1223 (Final), USITC Publication 4489, September 2014).
\3\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil
Country Tubular Goods From the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value, 79 FR
53691 (September 10, 2014) (Orders).
\4\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Notice of Correction to the Antidumping Duty
Orders With Respect to Turkey and the Socialist Republic of Vietnam,
79 FR 59740 (October 3, 2014).
\5\ See United States Steel Corp. v. United States, 179 F. Supp.
3d 1114 (CIT 2016) (US Steel).
\6\ See US Steel, 179 F. Supp. 3d at 1120.
\7\ Id.
\8\ See Final Results of Redetermination Pursuant to Remand,
United States Steel Corporation et al. and Maverick Tube Corporation
et al. v. United States, Consolidated Court No. 14-00263, dated
August 31, 2017 (Final Redetermination).
\9\ See United States Steel Corporation et al. v. United States,
Slip Op. 17-28, Consolidated Court No. 14-00263 (CIT 2017).
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In response to the CIT's March 16, 2017, decision, the Department
published a notice of court decision that is not in harmony with a
Department determination, and amended its Final Determination with
respect to GVN and Jindal SAW.\10\ The revised weighted-average dumping
margin for GVN is 1.07 percent. The revised weighted-average dumping
margin for Jindal SAW is 11.24 percent. Neither GVN or Jindal SAW have
a superseding cash deposit rate (e.g. from an administrative review)
and, therefore, the Department issued amended cash deposit instructions
to U.S. Customs and Border Protection on May 10, 2017.\11\
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\10\ See Certain Oil Country Tubular Goods from India: Notice of
Court Decision Not in Harmony With Final Determination of Sales at
Less Than Fair Value and Final Negative Determination of Critical
Circumstances and Notice of Amended Final Determination, 82 FR 17631
(April 12, 2017).
\11\ See Message No. 7130310, dated May 10, 2017 (Message No.
7130310).
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Amendment of the Order on OCTG From India
The period to appeal the CIT's decision has passed, and a final and
conclusive court decision has been reached in this case. Therefore, the
Department is amending the antidumping duty order \12\ on OCTG from
India to exclude from the order subject merchandise produced and
exported by GVN because the revised weighted-average dumping margin for
GVN is de minimis. This exclusion does not apply to merchandise
produced by GVN and exported by any other company or merchandise
produced by any other company and exported by GVN. Resellers of
merchandise produced by GVN, are also not entitled to this exclusion.
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\12\ See Orders.
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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Estimated weighted- average
Exporter or producer dumping margins (percent)
\13\
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Jindal SAW................................ 11.24
All Others................................ 5.79
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\13\ Cash deposit rates are lower than estimated weighted-
average dumping margins due to offsets for export subsidies.
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Continuation of Suspension of Liquidation, in Part
In accordance with section 735(c)(1)(B) of the Act, the Department
has instructed CBP to continue to suspend liquidation on all relevant
entries of OCTG from India.\14\ These instructions suspending
liquidation will remain in effect until further notice. However,
because the estimated weighted-average dumping margin for merchandise
produced and exported by GVN's is de minimis, the Department is
directing U.S. Customs and Border Protection to liquidate all entries
produced and exported by GVN currently suspended without regard to
antidumping duties, and to not to suspend liquidation of entries of
subject merchandise where GVN acted as both the producer and exporter.
Entries of subject merchandise exported to the United States by any
other producer and exporter combination involving GVN are not entitled
to this exclusion from suspension of liquidation and are subject to the
cash deposit rate for the all-others entity.
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\14\ See Orders at 53692; see also Message No. 4262301, dated
September 19, 2017, and Message No. 7130310.
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Notification to Interested Parties
This notice constitutes the amended antidumping duty order with
respect OCTG from India. This notice is issued and published in
accordance with sections 516A(e)(1) and 736(a) of the Act.
Dated: June 14, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-12819 Filed 6-19-17; 8:45 am]
BILLING CODE 3510-DS-P