[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57789-57790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24327]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-943]


Certain Oil Country Tubular Goods From the People's Republic of 
China; Notice of Court Decision Not in Harmony With Final Results of 
Administrative Review and Notice of Amended Final Results of 
Administrative Review Pursuant to Court Decision

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

SUMMARY: On August 28, 2015, the United States Court of International 
Trade (``CIT'') issued its final judgment \1\ sustaining the Department 
of Commerce's (the ``Department'') redetermination \2\ issued pursuant 
to the CIT's remand order in American Tubular Products, LLC v. United 
States, Ct. No. 13-00029, Slip Op. 14-116 (CIT September 26, 2014) 
(``Remand Order''), with respect to the Department's amended final 
results \3\ of the 2010-2011 antidumping duty administrative review of 
certain oil country tubular goods (``OCTG'') from the People's Republic 
of China. 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''), 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 judgment in this case is not in harmony with the 
Department's amended final results of review and is amending the AR 1 
Final Results with respect to the margin determined for Jiangsu Chengde 
Steel Tube Share Co., Ltd. (``Chengde''), an exporter and producer of 
subject merchandise.
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    \1\ See American Tubular Products., LLC v. United States, Court 
No. 13-00029, Slip Op. 15-98 (CIT August 28, 2015) (``ATP'').
    \2\ See Final Results of Redetermination Pursuant to Court 
Remand, American Tubular Products, LLC v. United States, Court No. 
13-00029 (January 28, 2015) (``Remand Redetermination'').
    \3\ See Certain Oil Country Tubular Goods From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2010-2011, 77 FR 74644 (December 17, 2012), as amended by, 
Certain Oil Country Tubular Goods From the People's Republic of 
China: Amended Final Results of Antidumping Duty Administrative 
Review; 2010-2011, 78 FR 9033 (February 7, 2013) (collectively, ``AR 
1 Final Results'').

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DATES: Effective Date: September 7, 2015.

FOR FURTHER INFORMATION CONTACT: Paul Stolz, Office III, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-4474.

SUPPLEMENTARY INFORMATION: Subsequent to the publication of the AR 1 
Final Results, Chengde filed a complaint with the CIT challenging 
aspects of the methodology used to determine its margin in the AR 1 
Final Results.
    On September 26, 2014, the CIT issued the Remand Order, instructing 
the Department to re-visit its decision to value most of Chengde's 
billet as alloy steel in the underlying review. Specifically with 
respect to Chengde's billets, the Court instructed the Department to: 
(1) Reevaluate the chemical composition of OCTG sold in certain 
contracts, (2) explain whether Chengde's mill test certificates prove 
the chemical properties of OCTG not specifically covered by those 
certificates, (3) assess whether Chengde's entry summary as provided in 
American Tubular Products, LLC's application to receive information 
under administrative protective order proves that the OCTG in one 
contract was comprised of carbon steel, and (4) recalculate the 
percentage of Chengde's steel billets that were alloy steel or carbon 
steel in accordance with this analysis.\4\ In addition, at the 
Department's request, the CIT remanded the additional issue of the 
surrogate value used to value carbon steel billets to reconsider 
whether it is aberrational.\5\
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    \4\ See Remand Order at 14.
    \5\ Id. at 16-17.
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    On January 28, 2015, the Department issued its Remand 
Redetermination. Consistent with the CIT's instructions in the Remand 
Order, the Department recalculated the total quantity of carbon steel 
billets consumed by Chengde to produce subject merchandise during the 
period of review and explained why the surrogate value used for carbon 
steel billets in the AR 1 Final Results was not aberrational.\6\
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    \6\ See Remand Redetermination at 2.

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[[Page 57790]]

    On August 28, 2015, the CIT issued its decision in ATP, in which it 
sustained the Remand Redetermination, finding that the Department's 
decision to use an alloy-carbon average as a surrogate for some of 
Chengde's billet inputs and reliance on Indonesian import data to value 
high carbon steel was supported by substantial evidence.\7\
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    \7\ See ATP at 11-21.
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, 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 CIT's August 28, 2015, 
judgment in this case constitutes a final decision of that court that 
is not in harmony with the Department's AR 1 Final Results. This notice 
is published in fulfillment of the publication requirements of Timken.

Amended Final Results

    Because there is now a final court decision with respect to this 
case, the Department is amending the AR 1 Final Results with respect to 
Chengde's weighted-average dumping margin, effective September 7, 2015. 
The revised dumping margin is as follows:

------------------------------------------------------------------------
                 Exporter                          Percent margin
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Jiangsu Chengde Steel Tube Share Co., Ltd.  137.62
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The Department will continue the suspension of liquidation of the 
entries at issue pending 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, upheld by the CAFC, 
the Department will instruct U.S. Customs and Border Protection 
(``CBP'') to liquidate entries of subject merchandise based on the 
revised assessment rates calculated by the Department.

Cash Deposit Requirements

    Since the AR1 Final Results, the Department has not established a 
new cash deposit rate for Chengde. As a result, in accordance with 
section 751(a)(1) of the Act, the Department will instruct CBP to 
collect a cash deposit of 137.62 percent for entries of subject 
merchandise exported by Chengde, effective September 7, 2015.

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: September 17, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-24327 Filed 9-24-15; 8:45 am]
 BILLING CODE P