[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