[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Notices]
[Pages 43709-43710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18087]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]


Circular Welded Carbon Steel Pipes and Tubes From Turkey: Notice 
of Court Decision Not in Harmony With Final Results of Countervailing 
Duty Administrative Review and Notice of Amended Final Results of 
Countervailing Duty Administrative Review; 2011

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

SUMMARY: On April 1, 2015, the United States Court of International 
Trade (the Court) issued Toscelik II,\1\ which sustained the Final 
Remand Results \2\ that the Department of Commerce (the Department) 
issued in connection with Toscelik I, concerning the Department's final 
results of administrative review of the countervailing duty order on 
circular welded carbon steel pipes and tubes from Turkey covering the 
period of review January 1, 2011, through December 31, 2011 (POR).\3\ 
At issue were benefits that Toscelik Profil ve Sac Endustrisi AS 
(Toscelik) received in connection with land that Toscelik acquired from 
the Government of Turkey in 2008 and 2010. In the Final Remand Results, 
the Department restored the benchmark originally calculated for the 
2008 land subsidy in the 2010 CVD Review \4\ and further explained 
aspects of the benchmark used to value the 2010 land subsidy. In 
addition, pursuant to a voluntary remand request, the Department 
examined and corrected, as necessary, duplication errors in the dataset 
used to calculate the land benchmark.\5\
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    \1\ See Toscelik Profil Ve SAC Endustrisi A.S. v. United States, 
Court No. 13-00371, Slip. Op. 15-28 (CIT April 1, 2015) (Toscelik 
II).
    \2\ See Final Results Of Redetermination Pursuant To Court 
Remand, Court No. 13-00371, Slip Op. 15-28 (February 13, 2015) 
(Final Remand Results), which is available at http://enforcement.trade.gov/remands/index.html.
    \3\ See Toscelik Profit ve Sac Endustrisi AS v. United States 
Court No. 13-00371; Slip Op. 14-126 (CIT October 29, 2014) (Toscelik 
I); Circular Welded Carbon Steel Pipes and Tubes from Turkey: Final 
Results of Countervailing Duty Administrative Review; Calendar Year 
2011, 78 FR 64916 (October 30, 2013) (Final Results) and 
accompanying Issues and Decision Memorandum (Final IDM).
    \4\ See Circular Welded Carbon Steel Pipes and Tubes From 
Turkey: Final Results of Countervailing Duty Administrative Review, 
77 FR 46713 (August 6, 2012) (2010 CVD Review) and accompanying 
Issues and Decision Memorandum (2010 CVD Review IDM).
    \5\ See Final Remand Results at 5-12.
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    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (CAFC) in Timken,\6\ as clarified by Diamond 
Sawblades,\7\ the Department is notifying the public that the final 
judgment in this case is not in harmony with the Department's Final 
Results. The Department is also amending the Final Results with respect 
to Toscelik.
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    \6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).

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DATES: Effective date: April 11, 2015

FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-1009.

SUPPLEMENTARY INFORMATION: 

Background

    On October 30, 2013, the Department issued the Final Results.\8\ 
Toscelik challenged certain aspects of the Final Results at the Court. 
In Toscelik I, the Court held that the Department may not alter the 
nonrecurring benefit stream for the 2008 land parcel in a subsequent 
review--as the Department did in the Final Results when it changed the 
2008 land subsidy benchmark--absent a demonstration that the original

[[Page 43710]]

determination ``is clearly erroneous and would work a manifest 
injustice.'' \9\ The Court also granted the Department's voluntary 
remand request to examine possible double-counting errors in the land 
benchmark dataset, and instructed the Department to supply additional 
explanation regarding the use of simple averaging, the expansion of the 
dataset with additional prices, and the use of different benchmark 
prices for the 2008 and 2010 parcels.\10\
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    \8\ See Circular Welded Carbon Steel Pipes and Tubes from 
Turkey: Final Results of Countervailing Duty Administrative Review; 
Calendar Year 2011, 78 FR 64916 (October 30, 2013) (Final Results) 
and accompanying Issues and Decision Memorandum (Final IDM).
    \9\ See Toscelik I at 10.
    \10\ Id. at 14-16.
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    On February 13, 2015, the Department filed the Final Remand Results 
with the Court, in which it restored the benchmark originally 
calculated for the 2008 land subsidy in the 2010 CVD Review and further 
explained aspects of the benchmark used to value the 2010 land subsidy. 
In addition, the Department examined and corrected as necessary 
duplication errors in the dataset used to calculate the benchmark for 
the 2010 land subsidy.\11\ On April 1, 2015, the Court entered judgment 
sustaining the Final Remand Results.\12\
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    \11\ See Final Remand Results at 5-12.
    \12\ See Toscelik II at 6.
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Timken Notice

    In Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, 626 
F.3d at 1381, the CAFC 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 that is not ``in harmony'' with a Department 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision. The Court's judgment in Toscelik II 
sustaining the Final Remand Results constitutes a final decision of the 
Court that is not in harmony with the Department's Final Results. This 
notice is published in fulfillment of the publication requirement of 
Timken.

Amended Final Results

    Because there is now a final court decision, the Department is 
amending the Final Results with respect to Toscelik. The revised net 
subsidy rate for Toscelik during the period January 1, 2011, through 
December 31, 2011, is as follows:

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             Producer/exporter                 Total net subsidy rate
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Toscelik Profil ve Sac Endustrisi A.S.....  de minimis.
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    Since the Court's ruling is final and no party has appealed, the 
Department will instruct U.S. Customs and Border Protection to assess 
without regard to countervailing duties unliquidated entries of subject 
merchandise for the producer/exporter listed above during the POR.

Cash Deposit Requirements

    Since the Final Results, the Department has established a new cash 
deposit rate for Toscelik.\13\ Therefore, the cash deposit rate for 
Toscelik does not need to be updated as a result of these amended final 
results.
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    \13\ See Circular Welded Carbon Steel Pipes and Tubes From 
Turkey: Final Results of Countervailing Duty Administrative Review; 
Calendar Year 2012 and Rescission of Countervailing Duty 
Administrative Review, in Part, 79 FR 51140 (August 27, 2014).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: July 16, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-18087 Filed 7-22-15; 8:45 am]
 BILLING CODE 3510-DS-P