[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Pages 59360-59362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25516]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-857]
Certain Oil Country Tubular Goods From India: Notice of
Correction to the Amended Final Determination and Amendment of the
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is correcting the
amended final antidumping duty determination and order for certain oil
country tubular
[[Page 59361]]
goods (OCTG) from India with respect to the ``all-others'' companies.
DATES: March 26, 2017.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4261.
SUPPLEMENTARY INFORMATION: On July 18, 2014, Commerce published its
final determination of sales at LTFV and final negative determination
of critical circumstances in this proceeding.\1\ As part of the Final
Determination, Commerce calculated an all-others rate of 5.79
percent.\2\ A summary of that determination and resulting litigation
can be found in the Amended Final Determination, which was published in
the Federal Register on April 12, 2017.\3\ Subsequently, Commerce
issued an Amended Order, which was published in the Federal Register on
June 20, 2017.\4\ Commerce then published a correction to the Amended
Final Determination and to the Amended Order on July 28, 2017.\5\
Commerce is now issuing a second correction to the Amended Final
Determination and to the Amended Order as they concern the rate for all
other producers and exporters. The rates for the two mandatory
respondents remain unchanged.
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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 Good from India, 79 FR 41981 (July 18, 2014) (Final
Determination), and accompanying issues and decision memorandum
(IDM).
\2\ Id., 79 FR at 41982.
\3\ See Certain Oil Country Tubular Goods from India: Notice of
Court Decision Not in Harmony with Final Determination of Sales at
Less Than Fair Value and Final Negative Determination of Critical
Circumstances and Notice of Amended Final Determination, 82 FR 17631
(April 12, 2017) (Amended Final Determination).
\4\ See Certain Oil Country Tubular Goods from India: Amendment
of Antidumping Duty Order, 82 FR 28045 (June 20, 2017) (Amended
Order).
\5\ See Certain Oil Country Tubular Goods from India: Notice of
Correction to Amended Final Determination and Amendment of
Antidumping Duty Order, 82 FR 35182 (July 28, 2017) (Correction to
Amended Final Determination and Amendment of the Order).
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In June 2018, U.S. Steel sought to enforce the final judgment of
the United States Court of International Trade (CIT) that is referenced
in the Amended Final Determination.\6\ Specifically, U.S. Steel
requested that the Court require Commerce to recalculate the all-others
rate consistent with the revised weighted-average dumping margins
reflected in the Amended Final Determination and Amended Order.\7\ On
October 17, 2018, the CIT granted, in part, U.S. Steel's motion for
enforcement of judgment in U.S. Steel II, and ordered Commerce to issue
a revised notice, recalculating the all-others rate.\8\
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\6\ See Amended Final Determination, 82 FR at 17631 (citing
United States Steel Corp. v. United States, 219 F. Supp. 3d 1300
(CIT 2017) (U.S. Steel II)).
\7\ See Amended Order; see also Correction to Amended Final
Determination and Amendment of the Order.
\8\ See United States Steel Corp. v. United States, Consol. Ct.
No. 14-00263, Slip Op. 18-139 (CIT October 17, 2018) (U.S. Steel
Enforcement Order).
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On October 17, 2018, the CIT granted, in part, plaintiff U.S.
Steel's motion to enforce the Court's March 16, 2017, order sustaining
the remand redetermination by Commerce pertaining to the less-than-
fair-value (LTFV) investigation of OCTG from India. Accordingly,
Commerce is issuing this notice to correct its earlier amended final
determination and amended antidumping duty order with respect to the
all-others rate.
Correction to the Amended Final Determination
We are correcting the Amended Final Determination to reflect the
recalculated all-others rate. The relevant text of the Amended Final
Determination should have appeared as follows:
Amended Final Determination
Because there is now a final court decision, Commerce is amending
the Final Determination with respect to GVN single entity (comprised of
GVN Fuels Limited, Maharashtra Seamless Limited and Jindal Pipes
Limited),\9\ Jindal SAW, Limited, and the ``all-others'' companies. The
revised weighted-average dumping margins for the period July 1, 2012,
through June 30, 2013, are as follows:
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\9\ See Final Determination, 79 FR at 41982, and accompanying
IDM at Comment 9.
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Estimated weighted- Cash deposit
Exporter or producer average dumping rate (percent)
margins (percent) \10\
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GVN Fuels Limited, Maharashtra 1.07 (de minimis)... 0.00
Seamless Limited and Jindal Pipes.
Limited (collectively, GVN or GVN
single entity).
Jindal SAW, Limited............... 11.24............... 0.00
All-Others........................ 11.24 \11\.......... 0.60 \12\
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Amended Cash Deposit Rates
Neither the GVN single entity nor Jindal SAW, Limited have a
superseding cash deposit rate (e.g., from a subsequent administrative
review) and, therefore, Commerce will issue revised cash deposit
instructions to U.S. Customs and Border Protection. The revised cash
deposit rates are indicated above, and effective March 26, 2017.
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\10\ Cash deposit rates are lower than estimated weighted-
average dumping margins due to offsets for export subsidies.
\11\ The all-others weighted-average dumping margin is based on
the rate calculated for Jindal SAW, the only above de minimis rate
calculated in this proceeding.
\12\ See Memorandum, ``Calculation of Export Subsidy Rate for
All Others,'' dated concurrently with this notice.
\13\ Cash deposit rates are lower than estimated weighted-
average dumping margins due to offsets for export subsidies.
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The all-others cash deposit rate, effective March 26, 2017, will be
0.60 percent, the weighted average all-others dumping margin adjusted
by the rate of export subsidies determined for all-other producers and
exporters in the companion CVD investigation.
Correction to the Amended Order
We are correcting the Amended Order to reflect the recalculated
all-others rate. The relevant text of the Amended Order should have
appeared as follows:
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Estimated weighted- Cash deposit
Exporter or producer average dumping rate (percent)
margins (percent) \13\
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Jindal SAW, Limited............... 11.24............... 0.00
All-Others........................ 11.24............... 0.60
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[[Page 59362]]
This correction to the Amended Final Determination and to the
Amended Order is issued and published in accordance with sections
735(d), 736(a), and 777(i) of the Tariff Act of 1930, as amended.
Dated: November 19, 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. 2018-25516 Filed 11-21-18; 8:45 am]
BILLING CODE 3510-DS-P