[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Notices]
[Pages 35181-35182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15944]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-850]


Certain Oil Country Tubular Goods From Taiwan: Notice of Court 
Decision Not in Harmony With Final Determination of Sales at Less Than 
Fair Value, Notice of Amended Final Determination and Revocation of 
Antidumping Duty Order

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

SUMMARY: On July 12, 2017, the United States Court of International 
Trade (CIT) entered its final judgment sustaining the final results of 
remand redetermination pursuant to court order by the Department of 
Commerce (Department) pertaining to the less-than-fair-value (LTFV) 
investigation of certain oil country tubular goods (OCTG) from Taiwan. 
The Department is notifying the public that the final judgment in this 
case is not in harmony with the Department's final determination in the 
LTFV investigation of OCTG from Taiwan. Pursuant to the CIT's final 
judgment, both mandatory respondents in the LTFV investigation of OCTG 
from Taiwan have received weighted-average dumping margins of zero and, 
therefore, the Department is hereby revoking this order.

DATES: Applicable July 22, 2017.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3477.

SUPPLEMENTARY INFORMATION: 

Background

    On August 8, 2014, the Department published the LTFV Final in this 
proceeding.\1\ The Department reached an affirmative determination that 
certain OCTG was being, or likely to be, sold at less than fair value, 
for mandatory respondent, Tension Steel Industries Co., Ltd. (Tension 
Steel). Tension Steel appealed the LTFV Final to the CIT, and on May 
16, 2016, the CIT remanded the final determination.\2\ Specifically, 
the CIT remanded the LTFV Final directing the Department to grant all 
of Tension Steel's claimed rebate adjustments, including where the 
conditions of the rebate were unknown to the customer at the time of 
sale.\3\
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    \1\ See Certain Oil Country Tubular Goods from Taiwan: Final 
Determination of Sales at Less Than Fair Value, 79 FR 41979 (July 
18, 2014); amended in Certain Oil Country Tubular Goods from Taiwan: 
Amended Final Determination of Sales at Less Than Fair Value, 79 FR 
46403 (August 8, 2014) (LTFV Final).
    \2\ See Tension Steel Industries Co., Ltd. v. United States, 179 
F. Supp. 3d 1185 (CIT 2016) (Remand Order).
    \3\ See Remand Order, 179 F. Supp. 3d at 1190-91.
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    On July 15, 2016, the Department issued its final results of 
redetermination pursuant to remand in accordance with the CIT's 
order.\4\ On remand, the Department, under respectful protest,\5\ 
granted all of Tension Steel's reported rebates and recalculated the 
margin for Tension Steel accordingly. On July 12, 2017, the CIT 
sustained the Department's Remand Order.\6\ Thus, the effective date of 
this notice is July 22, 2017.
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    \4\ See Final Results of Redetermination Pursuant to Remand, 
Tension Steel Industries Co., Ltd. v. United States, Consol. Court 
No. 14-00218, Slip Op. 16-51, dated July 15, 2016 (Final 
Redetermination). See also, http://enforcement.trade.gov/remands/16-51.pdf.
    \5\ See Viraj Group, Ltd. v. United States, 343 F.3d 1371 (Fed. 
Cir. 2003).
    \6\ See Tension Steel Industries Co., Ltd. v. United States, 
Slip Op. 17-84, Consol. Court No. 14-00218 (CIT July 12, 2017) 
(Final Remand Order).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the Court of Appeals for the Federal Circuit (Federal Circuit) held 
that, pursuant to section 516A of the Tariff Act of 1930, as amended 
(the Act), the Department must publish a notice of court decision that 
is not ``in harmony'' with a Department determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision.\9\ The 
CIT's July 12, 2017, judgment constitutes a final decision of that 
court that is not in harmony with the Department's original affirmative 
determination in the LTFV Final. Thus, this notice is published in 
fulfillment of the publication requirements of Timken and section 516A 
of the Act.
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    \7\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \9\ See Sections 516A(c) and (e) of the Act.
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    Accordingly, the Department intends to issue instructions to U.S. 
Customs and Border Protection to suspend liquidation of all 
unliquidated entries of subject merchandise from Taiwan which are 
entered, or withdrawn from warehouse, for consumption on or after July 
22, 2017, which is ten days after the court's decision in accordance 
with section 516A of the Act. The company-specific cash deposit rate 
will be zero percent. Pursuant to Timken, Diamond Sawblades, and 
Hosiden Corporation v. United States, 861 F. Supp. 115 (Fed. Cir. 
1994), the suspension of liquidation on all entries of OCTG from Taiwan 
entered, or withdrawn from warehouse, for consumption on or after July 
22, 2017, that remain unliquidated, will be suspended during the 
pendency of the appeals process so that they may be liquidated in 
accordance with a ``final and conclusive'' court decision.

Amended Final Determination

    Because there is now a final court decision, the Department is 
amending the LTFV Final with respect to Tension Steel. The revised 
weighted-average dumping margin for Tension Steel for the period July 
1, 2012, through June 30, 2013, is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                  Exporter or producer                        margin
                                                            (percent)
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Tension Steel Industries Co., Ltd......................            0.00
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[[Page 35182]]

Revocation of the Order

    Pursuant to section 735(c)(2) of the Act, ``the investigation shall 
be terminated upon publication of that negative determination'' and the 
Department shall ``terminate the suspension of liquidation'' and 
``release any bond or other security and refund any cash deposit.'' 
\10\ As a result of this amended final determination, the Department is 
hereby revoking the antidumping duty order and releasing any bonds or 
other security and refunding cash deposits with respect to Tension 
Steel.
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    \10\ See sections 735(c)(2)(A) and (B) of the Act.
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    Pursuant to the Federal Circuit's decision in Diamond Sawblades 
\11\ and the CIT's decision affirming the Department's remand 
redetermination, the Department is revoking the antidumping duty order 
on OCTG from Taiwan because the revised weighted-average dumping margin 
for Tension Steel is now zero, and because the Department also 
calculated a zero margin for the only other mandatory respondent in the 
underlying investigation. As a result of this revocation, the 
Department will not initiate any new administrative reviews of this 
antidumping duty Order.\12\
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    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \12\ Currently there are no unfinished or ongoing administrative 
reviews of this order. Further, we rescinded the 2015/2016 
administrative review on March 1, 2017, and this was the last 
administrative review completed in this proceeding. See Certain Oil 
Country Tubular Goods from Taiwan: Rescission of Antidumping Duty 
Administrative Review; 2015-2016, 82 FR 12197 (March 1, 2017).
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    Although section 735(c)(2)(A) of the Act instructs the Department 
to terminate suspension of liquidation, here, because suspension of 
liquidation must continue during the pendency of the appeals process 
(in accordance with Timken and as discussed above), we will continue to 
instruct CBP at this time to (A) continue suspension at a cash deposit 
rate of zero percent until instructed otherwise; and (B) release any 
bond or other security, and refund any cash deposit made pursuant to 
OCTG From Taiwan: Antidumping Duty Order.\13\ In the event that the 
court's ruling in the Final Remand Order is not appealed, or appealed 
and upheld by the CAFC, the Department will instruct CBP to terminate 
the suspension of liquidation and to liquidate those entries of subject 
merchandise without regard to antidumping duties. Notwithstanding the 
continued suspension described above, the antidumping duty order on 
OCTG from Taiwan is hereby revoked, also described above.
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    \13\ See 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, 79 FR 
53691 (September 10, 2014) (OCTG From Taiwan: Antidumping Duty 
Order).
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Notification to Interested Parties

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of the APO is a violation subject to 
sanction.
    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 24, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-15944 Filed 7-27-17; 8:45 am]
 BILLING CODE 3510-DS-P