[Federal Register Volume 74, Number 18 (Thursday, January 29, 2009)]
[Notices]
[Pages 5147-5148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1940]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-825]


Oil Country Tubular Goods, Other Than Drill Pipe, From Korea: 
Court Decision Not in Harmony With Final Results of Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On December 22, 2008, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (the Department) 
results of redetermination pursuant to the CIT's remand and entered 
final judgment in Husteel Company, Ltd., and SeAH Corp., Ltd., v. 
United States, Consol. Ct. No. 06-00075, Slip Op. 08-139 (CIT December 
22, 2008) (Husteel v. United States II ). See Results of 
Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH 
Corp., Ltd., v. United States, dated August 29, 2008, and Results of 
Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH 
Corp., Ltd., v. United States, dated December 5, 2008 (available at 
http://ia.ita.doc.gov/remands). 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), the 
Department is notifying the public that the final judgment in this case 
is not in harmony with the Department's final results of the 
administrative review of the antidumping duty order on oil country 
tubular goods, other than drill pipe, from Korea covering the period of 
review (POR) of August 1, 2003 through July 31, 2004. See Oil Country 
Tubular Goods, Other Than Drill Pipe, from Korea: Final Results of 
Antidumping Duty Administrative Review, 71 FR 13091 (March 14, 2006) 
(Final Results).

DATES: Effective Date: December 22, 2008.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-0780.

SUPPLEMENTARY INFORMATION: 

Background

    On March 14, 2006, the Department issued its final results in the 
antidumping duty administrative review of oil country tubular goods, 
other than drill pipe, from Korea covering the POR of August 1, 2003 
through July 31, 2004. See Final Results. In the Final Results, the 
Department found that the use of third country sales to a non-market 
economy (the People's Republic of China (PRC), in this case) is 
inappropriate for determining normal value, because these sales are not 
representative. Id. As such, in calculating normal value for SeAH Steel 
Corp. Ltd. (SeAH), the Department used SeAH's third country sales to 
Canada, and in calculating normal value for Husteel Co. Ltd. (Husteel), 
the Department utilized constructed value. Therefore, SeAH was assigned 
a rate of 6.84 percent, and Husteel was assigned a rate of 12.30 
percent. Id.
    In Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, 
Consol. Ct. No. 06-00075, Slip Op. 08-62 (CIT June 2, 2008) (Husteel v. 
United States I), the CIT remanded the Final Results, holding that the 
Department's finding that sales into a non-market economy are not 
representative was not supported by substantial record evidence. The 
CIT directed the Department to either present persuasive record 
evidence that SeAH's and Husteel's sales into the PRC were not 
representative within the meaning of 19 U.S.C. 1677b(a)(1)(B)(ii)(I), 
or find the sales into the PRC to be representative, and then 
recalculate and assign SeAH and Husteel new antidumping duty assessment 
rates. On August 29, 2008, the Department issued its final results of 
redetermination pursuant to Husteel v. United States I. See Results of 
Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH 
Corp., Ltd., v. United States (August 29, 2008) (Remand Results). The 
remand redetermination explained that, in accordance with the CIT's 
instructions, after finding sales to the PRC to be representative, the 
Department recalculated the assessment rate for SeAH and Husteel. 
Specifically, the Department determined SeAH's new weighted-average 
margin to be 0.59 percent, and Husteel's new weighted-average margin to 
be 0.62 percent.
    However, in the Remand Results, the Department inadvertently 
treated certain Korean inventory carrying costs as if they were 
denominated in U.S. dollars when they, in fact, had been denominated in 
Korean won. Therefore, in Husteel Company Ltd. and SeAH Corp. Ltd., v. 
United States, Consol. Ct. No. 06-000075, Slip Op. 08-127 (CIT November 
21, 2008), the CIT upheld the Department's Remand Results, with the 
exception of the calculation of certain inventory carrying costs. The 
CIT ordered the Department to correct its calculation of Husteel's 
Korean inventory carrying costs. In accordance with the CIT's order, 
the Department corrected its calculation with regard to Husteel's 
Korean inventory carrying costs. See Results of Redetermination on 
Remand Pursuant to Husteel Company, Ltd., and SeAH Corp., Ltd., v. 
United States (December 5, 2008). As a result, Husteel's new dumping 
margin is now de minimis , and SeAH's margin remains 0.59 percent.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, 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 decision in Husteel vs. United States II, on December 22, 2008, 
constitutes a final decision of that court that is not in harmony with 
the Department's Final Results. This notice is published in fulfillment 
of the publication requirements of Timken. Accordingly, the Department 
will continue the suspension of liquidation of the subject merchandise 
pending the 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 to assess antidumping 
duties on entries of the subject merchandise during the POR from 
Husteel and SeAH based on the revised assessment rates calculated by 
the Department.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.


[[Page 5148]]


    Dated: January 21, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-1940 Filed 1-28-09; 8:45 am]
BILLING CODE 3510-DS-P