[Federal Register Volume 75, Number 10 (Friday, January 15, 2010)]
[Notices]
[Page 2487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-719]



[[Page 2487]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Circular Welded Carbon Steel Pipes and Tubes from Thailand: Court 
Decision Not in Harmony with Final Results of Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 4, 2010, the U.S. Court for International Trade 
(CIT) sustained the Department of Commerce's (the Department) results 
of redetermination pursuant to the CIT's remand and entered final 
judgment in Saha Thai v. United States, Ct. 08-380, Slip Op. 09-116. 
Consistent with the decision of the United States Court of Appeals for 
the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 
(Fed. Cir. 1990) (Timken), the Department is notifying the public that 
the final judgment in this case is not in harmony with the Department's 
final results of the administrative review of the antidumping order on 
circular welded carbon steel pipes and tubes from Thailand covering the 
period March 1, 2006 through February 28, 2007. Circular Welded Carbon 
Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty 
Administrative Review, 73 FR 61019 (October 15, 2008) (Final Results).

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Dana 
Mermelstein, AD/CVD Operations, Office 6, Import Administration, 
International Trade Administration, Department of Commerce, 14th Street 
and Constitution Avenue, N.W., Washington, D.C. 20230.; telephone: 
(202) 482-5255 OR (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 15, 2008, the Department published the final results of 
its administrative review of circular welded carbon steel pipes and 
tubes from Thailand. See Final Results. In the Final Results, after 
considering additional information and the arguments of both Saha Thai 
and Allied Tube and Conduit Corporation and Wheatland Tube Company 
(collectively, the petitioners), the Department granted an upward 
adjustment to export price in accordance with 772(c)(1) of the Tariff 
Act of 1930, as amended (the Act), which directs the Department to 
increase export price by ``the amount of any import duties imposed by 
the country of exportation which have been rebated, or which have not 
been collected, by reason of the exportation of the subject merchandise 
to the United States.'' See Section 772(c)(1) of the Act. Consistent 
with the Department's practice in the two most recently completed 
administrative reviews of this order, we calculated this upward 
adjustment to export price for exempted import duties using Saha Thai's 
actual yield loss factor rather than the Government of Thailand's (GOT) 
average yield loss factor. See Final Results and accompanying Issues 
and Decision Memorandum at Comment 4.
    In Saha Thai v. United States, Ct. 08-380, Slip Op. 09-116, on 
October 15, 2009, the CIT remanded the Final Results, directing the 
Department to recalculate Saha Thai's antidumping duty margin using the 
GOT average yield loss factor to calculate an adjustment to export 
price for exempted import duties. The Department issued its final 
results of redetermination pursuant to the CIT's October 15, 2009 
ruling. See Results of the Redetermination Pursuant to Remand, dated 
December 11, 2009 (found at http://ia.ita.doc.gov/remands/index.html). 
The Department explained that it had followed the CIT's directive and 
had recalculated Saha Thai's antidumping duty margin using the GOT 
mandated yield loss factor to calculate the upward adjustment to export 
price for the exempted import duties. The Department's redetermination 
resulted in changes to the Final Results weighted-average margin from 
4.26 percent to 4.21 percent. On January 4, 2010, the CIT sustained the 
Department's redetermination.

Timken Notice

    In its decision in Timken, 893 F. 2d at 341, the CAFC held that, 
pursuant to section 516A(e) of the Act, the Department must publish a 
notice of a court decision that is not ``in harmony'' with a Department 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision. The CIT's January 4, 2010 decision in 
Saha Thai v. United States constitutes a final decision of that court 
that is not in harmony with the Department's Final Results. This notice 
is published in fulfillment of the publication requirements 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. 
In the event the CIT's ruling is not appealed, or if appealed, is 
upheld by the CAFC, the Department will instruct U.S. Customs and 
Border Protection to assess antidumping duties on entries of the 
subject merchandise during the POR from Saha Thai based on revised 
assessment rates calculated by the Department. The effective date of 
this notice is January 14, 2010, ten days from the date of the issuance 
of the court decision.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: January 11, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-719 Filed 1-14-10; 8:45 am]
BILLING CODE 3510-DS-S