[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Notices]
[Pages 53691-53694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21596]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-857, A-580-870, A-583-850, A-489-816, A-552-817]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
ITC), the Department is issuing antidumping duty (AD) orders on certain 
oil country tubular goods (OCTG) from India, the Republic of Korea 
(Korea), Taiwan, the Republic of Turkey (Turkey), and the Socialist 
Republic of Vietnam (Vietnam). In addition, the Department is amending 
its final determination of sales at less than fair value (LTFV) from 
Vietnam as a result of ministerial errors.

DATES: Effective Date: September 10, 2014.

FOR FURTHER INFORMATION CONTACT: Emily Halle at (202) 482-0176 (India); 
Victoria Cho at (202) 482-5075 or Deborah Scott at (202) 482-2657 
(Korea); Thomas Schauer at (202) 482-0410 (Taiwan); Catherine Cartsos 
at (202) 482-1757 (Turkey); or Fred Baker at (202) 482-2924 or Davina 
Friedmann at (202) 482-0698 (Vietnam), AD/CVD Operations, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act) and 19 CFR 351.210(c), on July 18, 2014, 
the Department published affirmative final determinations of sales at 
LTFV in the investigations of OCTG from India, Korea, Taiwan, Turkey, 
and Vietnam.\1\ On August 8, 2014, the Department published an amended 
final determination of sales at LTFV in the investigation of OCTG from 
Taiwan.\2\ On September 2, 2014, the ITC notified the Department of its 
affirmative determinations that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act by reason of LTFV imports of OCTG from India, Korea, Turkey, and 
Vietnam, and threatened with material injury within the meaning of 
section 735(b)(1)(A)(ii) of the Act by reason of LTFV imports of OCTG 
from Taiwan.\3\ In addition, the ITC found in its final determinations 
that critical circumstances do not exist with respect to imports of 
subject merchandise from Turkey and Vietnam that are subject to the 
Department's final affirmative critical circumstances findings.\4\
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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 Goods From India, 79 FR 41981 (July 18, 2014) (India 
Final Determination); Certain Oil Country Tubular Goods From the 
Republic of Korea: Final Determination of Sales at Less Than Fair 
Value and Negative Final Determination of Critical Circumstances, 79 
FR 41983 (July 18, 2014) (Korea Final Determination); Certain Oil 
Country Tubular Goods From Taiwan: Final Determination of Sales at 
Less Than Fair Value, 79 FR 41979 (July 18, 2014) (Taiwan Final 
Determination); Certain Oil Country Tubular Goods From the Republic 
of Turkey: Final Determination of Sales at Less Than Fair Value and 
Affirmative Final Determination of Critical Circumstances, in Part, 
79 FR 41973 (July 18, 2014) (Turkey Final Determination); and 
Certain Oil Country Tubular Goods From the Socialist Republic of 
Vietnam: Final Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstances, 79 FR 
41972 (July 18, 2014) (Vietnam Final Determination), respectively.
    \2\ See Certain Oil Country Tubular Goods From Taiwan: Amended 
Final Determination of Sales at Less Than Fair Value, 79 FR 46403 
(August 8, 2014) (Taiwan Amended Final Determination).
    \3\ 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).
    \4\ See Certain Oil Country Tubular Goods From India, Korea, the 
Philippines, Taiwan, Thailand, Turkey, Ukraine, and Vietnam, 79 FR 
53080 (September 5, 2014).
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Scope of the Orders

    The products covered by these orders are certain oil country 
tubular goods (OCTG), which are hollow steel products of circular 
cross-section, including oil well casing and tubing, of iron (other 
than cast iron) or steel (both carbon and alloy), whether seamless or 
welded, regardless of end finish (e.g., whether or not plain end, 
threaded, or threaded and coupled) whether or not conforming to 
American Petroleum Institute (API) or non-API specifications, whether 
finished (including limited service OCTG products) or unfinished 
(including green tubes and limited service OCTG products), whether or 
not thread protectors are attached. The scope of the orders also covers 
OCTG coupling stock.
    Excluded from the scope of the orders are: Casing or tubing 
containing 10.5 percent or more by weight of chromium; drill pipe; 
unattached couplings; and unattached thread protectors.
    The merchandise subject to the orders is currently classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 
7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 
7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 
7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 
7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 
7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 
7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 
7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 
7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 
7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 
7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
    The merchandise subject to the orders may also enter under the 
following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28, 
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44, 
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80, 
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25, 
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, 
7304.59.80.70, 7304.59.80.80, 7305.31.40.00,

[[Page 53692]]

7305.31.60.90, 7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 
7306.50.50.70.
    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
orders is dispositive.

Amendment to the Final Determination of Sales at Less Than Fair Value 
of OCTG From Vietnam

    On July 18, 2014, the Department published its affirmative final 
determination of sales at LTFV of OCTG from Vietnam.\5\ On July 21, 
2014, U.S. Steel Corporation submitted allegations of two ministerial 
errors.\6\
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    \5\ See Vietnam Final Determination.
    \6\ See Letter from U.S. Steel Corporation to the Department, 
``Re: Oil Country Tubular Goods from Vietnam'' dated July 21, 2014.
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    After analyzing the allegations, the Department determined, in 
accordance with section 735(e) of the Act and 19 CFR 351.224(f), that 
it made the alleged ministerial errors. Specifically, the Department 
unintentionally failed to (1) apply the revised usage factors for 
unreported yield loss to the total price of hot-rolled coil (i.e., the 
price of hot-rolled coil including brokerage and handling costs and 
import fees), and (2) use the usage factor for emulsified oil that the 
respondent provided in its opening-day corrections at verification. 
Based on our correction of these errors, the respondent's estimated 
weighted-average dumping margin increased from 24.22 percent to 25.18 
percent.\7\
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    \7\ See Memorandum from Christian Marsh to Ronald K. Lorentzen, 
``Less-Than-Fair-Value Investigation of Certain Oil Country Tubular 
Goods from the Socialist Republic of Vietnam: Allegations of 
Ministerial Errors,'' dated August 11, 2014 (Ministerial Errors 
Memorandum). The Department also received a request from SeAH Steel 
VINA Corporation (SeAH VINA) to correct certain alleged errors. See 
Letter from SeAH VINA to the Department, ``Re: Antidumping 
Investigation of Oil Country Tubular Goods from Vietnam--Request for 
Correction of Egregious Misstatements of Fact and Law in Final 
Determination,'' dated July 21, 2014. We determined that the alleged 
errors were not ministerial in nature and have not made any changes 
based on this request. See Ministerial Errors Memorandum at 4-5.
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    In accordance with section 735(d) of the Act, we have notified the 
ITC of the Vietnam Final Determination and our amended final 
determination.

Antidumping Duty Orders

    As stated above, on September 2, 2014, in accordance with section 
735(d) of the Act, the ITC notified the Department of its final 
determinations in its investigations, in which it found that an 
industry in the United States is materially injured by reason of 
imports of OCTG from India, Korea, Turkey, and Vietnam, and threatened 
with material injury by reason of imports of OCTG from Taiwan.\8\ 
Because the ITC determined that imports of OCTG from India, Korea, 
Taiwan, Turkey, and Vietnam are materially injuring or threatening with 
material injury a U.S. industry, unliquidated entries of such 
merchandise from India, Korea, Taiwan, Turkey, and Vietnam, entered or 
withdrawn from warehouse, for consumption are subject to the assessment 
of antidumping duties.
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    \8\ 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).
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    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of OCTG from India, Korea, 
Taiwan, Turkey, and Vietnam. These antidumping duties will be assessed 
on unliquidated entries of OCTG from India, Turkey, and Vietnam 
entered, or withdrawn from warehouse, for consumption on or after 
February 25, 2014, the date of publication of the preliminary 
determinations,\9\ but will not include entries occurring after the 
expiration of the provisional measures period and before publication of 
the ITC's final injury determination as further described below. 
Antidumping duties will also be assessed on unliquidated entries of 
OCTG from Korea entered, or withdrawn from warehouse, for consumption 
on or after July 18, 2014, the date of publication of the final 
determination.\10\
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    \9\ See Certain Oil Country Tubular Goods From India: 
Preliminary Determination of Sales at Less Than Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, in 
Part, and Postponement of Final Determination, 79 FR 10493 (February 
25, 2014); Certain Oil Country Tubular Goods From the Republic of 
Turkey: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Negative Preliminary Determination of Critical 
Circumstances, and Postponement of Final Determination, 79 FR 10484 
(February 25, 2014); and Certain Oil Country Tubular Goods From the 
Socialist Republic of Vietnam: Preliminary Determination of Sales at 
Less Than Fair Value, Affirmative Preliminary Determination of 
Critical Circumstances, in Part, and Postponement of Final 
Determination, 79 FR 10478 (February 25, 2014).
    Note that entries for Borusan Mannesmann Boru Sanayi ve Ticaret 
and Borusan Istikbal Ticaret will not be subject to assessment of 
antidumping duties because the Department's final determination with 
respect to that firm was negative. See Turkey Final Determination at 
41973.
    \10\ The Department did not direct CBP to suspend liquidation of 
any entries of OCTG from Korea at the preliminary determination 
because the Department did not make an affirmative preliminary 
determination of sales at LTFV with respect to OCTG from Korea. See 
Certain Oil Country Tubular Goods From the Republic of Korea: 
Negative Preliminary Determination of Sales at Less Than Fair Value, 
Negative Preliminary Determination of Critical Circumstances and 
Postponement of Final Determination, 79 FR 10480 (February 25, 
2014).
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    Pursuant to section 736(b)(2) of the Act, duties shall be assessed 
on subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determination if that determination is based on the threat of 
material injury, other than threat of material injury described in 
section 736(b)(1) of the Act.\11\ In addition, section 736(b)(2) of the 
Act requires CBP to release any bond or other security, and refund any 
cash deposit made of estimated antidumping duties posted since the 
Department's preliminary antidumping duty determination. Because the 
ITC's final determination with respect to Taiwan is based on the threat 
of material injury and is not accompanied by a finding that injury 
would have resulted but for the imposition of suspension of liquidation 
of entries since the Department's preliminary determination, section 
736(b)(2) of the Act is applicable. However, following publication of 
its amended preliminary determination of sales at not LTFV for OCTG 
from Taiwan, the Department directed CBP to terminate suspension of 
liquidation and release any cash deposits posted.\12\
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    \11\ Section 736(b)(1) of the Act states that ``{i{time} f the 
ITC, in its final determination under section 735(b), finds material 
injury or threat of material injury which, but for the suspension of 
liquidation under section 733(d)(2) would have led to a finding of 
material injury, then entries of the subject merchandise, the 
liquidation of which has been suspended under section 733(d)(2), 
shall be subject to the imposition of antidumping duties under 
section 731.''
    \12\ See Certain Oil Country Tubular Goods From Taiwan: Amended 
Preliminary Negative Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 79 FR 18667 (April 3, 
2014).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all entries of OCTG 
from India, Korea, Turkey, and Vietnam, with the exception of those for 
firms for which the Department's final determination was negative. We 
will also instruct CBP to suspend liquidation on all unliquidated 
entries of OCTG from Taiwan entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's

[[Page 53693]]

notice of final determination of threat of material injury in the 
Federal Register, with the exception of entries for that firm for which 
the Department's final determination was negative.\13\ These 
instructions suspending liquidation will remain in effect until further 
notice.
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    \13\ Entries for Chung Hung Steel Corp will not be subject to 
assessment of antidumping duties because the Department's final 
determination with respect to that firm was negative. See Taiwan 
Amended Final Determination, 79 FR at 46404.
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    We will also instruct CBP to require cash deposits at rates equal 
to the estimated weighted-average dumping margins indicated below. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determinations, CBP will require, at the same time 
as importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit at rates equal to the estimated weighted-
average dumping margins listed below.\14\ The relevant all-others rate 
(for India, Korea, Taiwan, and Turkey) or the rate for the Vietnam-wide 
entity (for Vietnam), as applicable, apply to all producers or 
exporters not specifically listed. For the purpose of determining cash 
deposit rates, the estimated weighted-average dumping margins for 
imports of subject merchandise from India and Turkey will be adjusted, 
as appropriate, for export subsidies found in the final determination 
of the companion countervailing duty investigations of this merchandise 
imported from India or Turkey.\15\
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    \14\ See section 736(a)(3) of the Act.
    \15\ See India Final Determination, 79 FR at 41982-3 and Turkey 
Final Determination, 79 FR at 41972-3, respectively. See also 
Certain Oil Country Tubular Goods From India: Final Affirmative 
Countervailing Duty Determination and Partial Final Affirmative 
Determination of Critical Circumstances, 79 FR 41967 (July 18, 2014) 
(India CVD Final Determination) and Certain Oil Country Tubular 
Goods From the Republic of Turkey: Final Affirmative Countervailing 
Duty Determination and Final Affirmative Critical Circumstances 
Determination, 79 FR 41964 (July 18, 2014) (Turkey CVD Final 
Determination).
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of OCTG from India, Turkey, and Vietnam, we extended the 
four-month period to no more than six months in each case.\16\ As noted 
above, in the investigations covering OCTG from India, Turkey, and 
Vietnam, the Department published the preliminary determinations on 
February 25, 2014. Therefore, the six-month period beginning on the 
date of publication of the preliminary determinations ended on August 
24, 2014 (i.e., the last day of that six-month period is August 23, 
2014). Furthermore, section 737(b) of the Act states that definitive 
duties are to begin on the date of publication of the ITC's final 
injury determination.
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    \16\ We also extended the provisional measures period at the 
preliminary determination in the investigation of OCTG from Taiwan. 
However, as explained above, we later published an amended 
preliminary determination of sales at not LTFV for OCTG from Taiwan, 
and directed CBP to terminate suspension of liquidation. Therefore, 
the issue of provisional measures for OCTG from Taiwan is moot.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of OCTG from India, Turkey, and Vietnam, entered, 
or withdrawn from warehouse, for consumption on or after August 24, 
2014, the date the provisional measures expired, until and through the 
day preceding the date of publication of the ITC's final injury 
determinations in the Federal Register. Suspension of liquidation 
resumes on the date of publication of the ITC's final determination in 
the Federal Register.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                                                              average
                  Exporter or producer                        dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
                                India\17\
------------------------------------------------------------------------
Jindal SAW Ltd..........................................            9.91
GVN Fuels Limited, Maharashtra Seamless Limited and                 2.05
 Jindal Pipe Limited....................................
All Others..............................................            5.79
------------------------------------------------------------------------
                                  Korea
------------------------------------------------------------------------
Hyundai HYSCO...........................................           15.75
NEXTEEL Co. Ltd.........................................            9.89
All Others..............................................           12.82
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                                 Taiwan
------------------------------------------------------------------------
Chung Hung Steel Corp \18\..............................            0.00
Tension Steel Industries Co., Ltd.......................            2.34
All Others..............................................            2.34
------------------------------------------------------------------------
                                 Turkey
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret and Borusan               0.00
 Istikbal Ticaret \19\..................................
Cayirova Boru Sanayi ve Ticaret A.S. and Yucel Boru                35.86
 Ithalat-Ihracat ve Pazarlama A.S.\20\..................
All Others \21\.........................................           35.86


[[Page 53694]]


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    \17\ As explained in the India Final Determination, the 
estimated weighted-average dumping margin for each respondent and 
for ``all others'' will be adjusted for export subsidies. See India 
Final Determination, 79 FR at 41982. As a result of the adjustment 
for export subsidies, the cash deposit rate for each respondent and 
for ``all others'' will be zero. For information regarding these 
export subsidies, see India CVD Final Determination and accompanying 
Issues and Decision Memorandum at section VI.A, ``Programs 
Determined To Be Countervailable;'' see also Memorandum from Edward 
C. Yang through Gary Taverman to Ronald K. Lorentzen RE: Amended 
Final Determination--Countervailing Duty Investigation of Certain 
Oil Country Tubular Goods from India, ``Ministerial Error 
Allegations,'' dated August 12, 2014.
    \18\ No suspension of liquidation will be required for entries 
of this firm because its estimated weighted-average dumping margin 
is zero. See Taiwan Amended Final Determination, 79 FR at 46404.
    \19\ No suspension of liquidation will be required for entries 
of these firms because their estimated weighted-average dumping 
margin is zero. See Turkey Final Determination, 79 FR at 41973.
    \20\ As explained in the Turkey Final Determination, the 
estimated weighted-average dumping margin for these firms will be 
adjusted for export subsidies. See Turkey Final Determination, 79 FR 
at 41972-73. As a result of the adjustment for export subsidies, the 
cash deposit rate for these firms will be 35.68 percent. See Turkey 
CVD Final Determination and accompanying Issues and Decision 
Memorandum at section VII.A, ``Programs Determined To Be 
Countervailable'' for information regarding these export subsidies.
    \21\ As explained in the Turkey Final Determination, the 
estimated weighted-average dumping margin for ``all others'' will be 
adjusted for export subsidies. See Turkey Final Determination, 79 FR 
at 41972-73. As a result of the adjustment for export subsidies, the 
cash deposit rate for all others will be 35.68 percent. See Turkey 
CVD Final Determination and accompanying Issues and Decision 
Memorandum at section VII.A, ``Programs Determined To Be 
Countervailable'' for information regarding these export subsidies.

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
             Exporter                     Producer            average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
                                 Vietnam
------------------------------------------------------------------------
SeAH Steel VINA Corporation.......  SeAH Steel VINA                25.18
                                     Corporation.
Vietnam-wide Entity...............  ....................          111.47
------------------------------------------------------------------------

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determinations on imports of OCTG from Turkey and Vietnam, we will 
instruct CBP to lift suspension and to refund any cash deposit made to 
secure the payment of estimated antidumping duties with respect to 
entries of the merchandise entered, or withdrawn from warehouse, for 
consumption on or after November 27, 2013 (i.e., 90 days prior to the 
date of publication of the preliminary determinations), but before 
February 25, 2014, the publication date of the preliminary 
determinations.

Notifications to Interested Parties

    This notice constitutes the AD orders with respect to OCTG from 
India, Korea, Taiwan, Turkey, and Vietnam pursuant to section 736(a) of 
the Act. Interested parties can find a list of AD orders currently in 
effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders and amended final determination are published in 
accordance with sections 736(a) and 735(e) of the Act and 19 CFR 
351.211 and 351.224(e).

    Dated: September 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-21596 Filed 9-9-14; 8:45 am]
BILLING CODE 3510-DS-P