[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11174-11175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05149]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-825]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Turkey: Notice of Court Decision Not in Harmony With 
the Amended Final Determination of the Countervailing Duty 
Investigation

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

SUMMARY: On February 1, 2018, the Court of International Trade (CIT) 
entered final judgment sustaining the Department of Commerce's 
(Commerce's) remand redetermination in the countervailing duty (CVD) 
investigation of heavy walled rectangular welded carbon steel pipes and 
tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey). 
Commerce is notifying the public that the Court's final judgment in 
this case is not in harmony with Commerce's amended final determination 
with respect to Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. (Ozdemir) 
and all other exporters and producers.

DATES: Applicable February 12, 2018.\1\
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    \1\ February 11, 2018, ten days after the Court's opinion was 
issued, falls on a Sunday. Therefore, the effective date is Monday, 
February 12, 2018. See Notice of Clarification: Application of 
``Next Business Day'' Rule for Administrative Determination 
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 
24533 (May 10, 2005).

FOR FURTHER INFORMATION CONTACT: Brian Smith or Janae Martin, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone (202) 482-1766 or (202) 482-
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0238, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 21, 2016, Commerce published its final determination in the 
CVD investigation of HWR pipes and tubes from Turkey.\2\ On September 
13, 2016, Commerce published an amended final determination and the CVD 
order.\3\
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    \2\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Turkey: Final Affirmative Countervailing 
Duty Determination, 81 FR 47349 (July 21, 2016).
    \3\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Turkey: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Order, 81 
FR 62874 (September 13, 2016) (Amended Final Determination and 
Order).
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    The Court remanded one aspect of Commerce's findings for further 
consideration.\4\ Specifically, in its Remand and Opinion Order, the 
Court held that, if Commerce decided to maintain its Land for Less than 
Adequate Remuneration (LTAR) benchmark calculation, it must explain the 
following: (1) Why the high prices for the Istanbul and Yalova Altinova 
(Yalova) land parcels were not aberrational, and how calculating a 
simple average of all the land parcel prices used in the land benchmark 
calculation successfully moderated the price disparities; (2) whether 
the Istanbul and Yalova land parcels were located in more highly 
developed areas of Turkey and how that affected Commerce's analysis; 
and (3) why the future usage of the land parcels is relevant under the 
applicable provisions of the statute and Commerce's regulations.\5\
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    \4\ See Ozdemir Boru San. Ve Tic. Ltd. Sti., v. United States 
and Atlas Tube and Independence Tube Corporation Court No. 16-00206, 
Slip Op. 17-142 (CIT October 16, 2017) (Remand Opinion and Order).
    \5\ Id. at 44-45.
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    On December 11, 2017, Commerce issued its Remand 
Redetermination.\6\ In its Remand Redetermination, Commerce determined 
that there was a reasonable basis for treating the Istanbul and Yalova 
land parcels as outliers because (1) the prices of these parcels 
deviated substantially from the other prices in the dataset; and (2) 
the average price of the land parcels in the benchmark would be skewed 
if the Istanbul and Yalova land parcels were not removed from the 
dataset.\7\ Additionally, in its Remand Redetermination, Commerce 
stated that although it generally avoids selectively removing prices 
from datasets, it has occasionally done so after finding certain data 
to be clearly aberrational or unreliable.\8\ In removing the two 
parcels at issue from the benchmark, Commerce found that other issues 
raised by the Court, namely the relative levels of development of the 
land parcels in the benchmark, the importance of a land parcel's future 
usage in Commerce's benchmark selection, and other issues involving 
comparability, were moot.\9\ Therefore, Commerce did not address these 
issues in the Remand Redetermination.
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    \6\ See Final Results of Remand Redetermination Pursuant to 
Court Remand, Court No. 16-00206, dated December 11, 2017, available 
at: http://ia.ita.doc.gov/remands/ (Remand Redetermination).
    \7\ Id. at 2.
    \8\ Id.
    \9\ Id.
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    On February 1, 2018, the CIT sustained Commerce's Remand 
Redetermination.\10\
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    \10\ See Ozdemir Boru San. Ve Tic. Ltd. Sti., v. United States 
and Atlas Tube and Independence Tube Corporation Court No. 16-00206, 
Slip Op.18-6. (CIT February 1, 2018).
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Timken Notice

    In its decision in Timken,\11\ as clarified by Diamond 
Sawblades,\12\ the United States Court of Appeals for the Federal 
Circuit (CAFC) held that, pursuant to section 516A(e) of the Tariff Act 
of 1930, as amended (the Act), Commerce must publish a notice of a 
court decision that is not ``in harmony'' with a Commerce determination 
and must suspend liquidation of entries pending a ``conclusive'' court 
decision. The CIT's February 1, 2018, final judgment affirming the 
Remand Redetermination constitutes a final decision of that court which 
is not in harmony with the Amended Final Determination and Order. This 
notice is published in fulfillment of the publication requirements of 
Timken. Accordingly, Commerce will continue suspension of liquidation 
of subject merchandise pending expiration of the period of appeal or, 
if appealed, pending a final and conclusive court decision.
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    \11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination

    As there is now a final court decision, Commerce amends its Amended 
Final

[[Page 11175]]

Determination and Order. Commerce finds that the following revised net 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                  Net
                      Producer/exporter                         subsidy
                                                                 rate
------------------------------------------------------------------------
MMZ Onur Boru Profit uretirn San Ve Tic. A.S................        9.87
Ozdemir Boru Profil San ve Tic. Ltd Sti.....................       14.66
All-Others..................................................       12.36
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Cash Deposit Requirements

    Because there has been no subsequent administrative review for MMZ 
Onur Boru Profit uretirn San Ve Tic. A.S. (MMZ) and Ozdemir, Commerce 
will instruct U.S. Customs and Border Protection (CBP) to set the cash 
deposit rates for these companies to the rates listed above, pending a 
final and conclusive court decision.
    Pursuant to section 705(c)(5)(A) of the Act, companies not 
individually investigated are assigned an ``all-others'' countervailing 
duty rate. As a general rule, the all-others rate is equal to the 
weighted-average of the countervailable subsidy rates established for 
individually investigated producers, excluding any zero and de minimis 
countervailable subsidy rates.\13\ Commerce will instruct CBP that the 
``all-others'' cash deposit rate is to be amended to reflect the 
revised subsidy rate calculated for Ozdemir, as listed above.
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    \13\ See section 705(c)(5)(A)(i) of the Act. For a full 
discussion of the calculation of the all-others rate, see Memorandum 
``Remand Redetermination Calculation of the `All Others' Rate,'' 
dated December 12, 2017.
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    This notice is issued and published in accordance with sections 
516A(e)(1), 705(c)(1)(B), and 777(i)(1) of the Act.

    Dated: March 8, 2018.
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. 2018-05149 Filed 3-13-18; 8:45 am]
 BILLING CODE 3510-DS-P