34114 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices 

6For the Borusan Companies, we initiated on the 

following: Borusan Istikbal Ticaret (Istikbal) and 

Borusan Mannesmann Boru Sanayi ve Ticaret A.S. 

(BMB). As explained in the PDM, we found Istikbal 

and BMB to be cross-owned under Borusan 

Holding, A.S. No party has provided argument to 

the contrary; thus, for these final results, we 

continue to find all three companies to be crossowned, though only BMB received countervailable 

subsidies in this review period. 

1See Circular Welded Carbon-Quality Steel Pipe 

from the United Arab Emirates: Final Determination 

of Sales at Less Than Fair Value, 81 FR 75030 

(October 28, 2016) (Final Determination). 

2See Circular Welded Carbon-Quality Steel Pipe 

from the Sultanate of Oman, Pakistan, and the 

United Arab Emirates: Amended Final Affirmative 

Antidumping Duty Determination and 

Antidumping Duty Orders, 81 FR 91906 (December 

19, 2016) (Order). 

3Universal is the name collectively used for the 

following group of affiliated producers/exporters of 

CWP: KHK Scaffolding and Framework LLC; 

Universal Tube and Pipe Industries, Ltd; and UTP– 

JA. 

4See Wheatland Tube Company v. United States, 

Court No. 17–00021, Slip Op. 18–49 (CIT April 24, 

2018). 

5See Final Results of Redetermination Pursuant 

to Court Remand, Wheatland Tube Company v. 

United States, Court No. 17–00021, Slip Op. 18–49 

(CIT April 24, 2018), dated June 21, 2018, available 

at: https://enforcement.trade.gov/remands/ 

index.html (Remand Redetermination). 

6See Timken Co. v. United States, 893 F.2d 337, 

341 (Fed. Cir. 1990) (Timken). 

7See Diamond Sawblades Mfrs. Coalition v. 

United States, 626 F.3d 1374 (Fed. Cir. 2010) 

(Diamond Sawblades). 

Company Subsidy rate 

(percent) 

Borusan Istikbal Ticaret 

and Borusan 

Mannesmann Boru 

Sanayi ve Ticaret A.S.6.

0.78 ad valorem. 

Assessment Rates 

In accordance with 19 CFR 

351.212(b)(2), Commerce intends to 

issue appropriate instructions to U.S. 

Customs and Border Protection (CBP) 15 

days after the date of publication of the 

final results of this review. Commerce 

will instruct CBP to liquidate shipments 

of subject merchandise produced and/or 

exported by the company listed above, 

entered, or withdrawn from warehouse, 

for consumption, from March 20, 2015, 

through December 31, 2015, at the ad 

valorem rate listed above. 

Cash Deposit Requirements 

Commerce also intends to instruct 

CBP to collect cash deposits of 

estimated countervailing duties in the 

amount shown above for Borusan, on 

shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of the final results of this 

review. For all non-reviewed firms, 

Commerce will instruct CBP to continue 

to collect cash deposits at the most 

recent company-specific or all-others 

rate applicable to the company, as 

appropriate. Accordingly, the cash 

deposit requirements that will be 

applied to companies covered by this 

order, but not examined in this 

administrative review, are those 

established in the most recently 

completed segment of the proceeding 

for each company. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Administrative Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a sanctionable violation. 

These final results are issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.221(b)(5). 

Dated: July 12, 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. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Subsidies Valuation 

A. Allocation Period 

B. Attribution of Subsides 

C. Benchmark Interest Rates 

V. Programs Determined To Be 

Countervailable 

VI. Programs Determined Not To Be Used 

During the POR 

VII. Analysis of Comments 

Comment 1: Treatment of the Investment 

Encouragement Program (IEP): Customs 

and Value Added Tax (VAT) Exemption 

Program 

Comment 2: Whether To Include Borusan’s 

Exchange Variation Income in the Total 

Value of Sales and Total Value of Export 

Sales 

VIII. Recommendation 

[FR Doc. 2018–15435 Filed 7–18–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–520–807] 

Circular Welded Carbon-Quality Steel 

Pipe From the United Arab Emirates: 

Notice of Court Decision Not in 

Harmony With Final Determination of 

Sales at Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On July 9, 2018, the United 

States Court of International Trade (the 

Court) entered final judgment sustaining 

the final results of the remand 

redetermination by the Department of 

Commerce (Commerce) pertaining to the 

antidumping duty (AD) investigation of 

circular welded carbon-quality steel 

pipe (CWP) from the United Arab 

Emirates (UAE). Commerce is notifying 

the public that the final judgment in this 

case is not in harmony with Commerce’s 

final determination in the AD 

investigation of CWP from the UAE. 

DATES: Applicable July 19, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Blaine Wiltse and Whitley Herndon, 

AD/CVD Operations, Office II, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–6345 

and (202) 482–6274, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

Subsequent to the October 28, 2016, 

publication of the Final Determination,1

and the December 16, 2016, publication 

of the Order,2 Wheatland Tube 

Company (i.e., the petitioner), filed a 

complaint with the Court challenging 

Commerce’s treatment of the cost of 

‘‘caps’’ used by Universal Tube and 

Plastic Industries, LLC—Jebel Ali 

Branch (UTP–JA), a producer/exporter 

of the mandatory respondent, 

Universal.3 On April 24, 2018, the Court 

remanded Commerce’s final 

determination with the instruction that 

Commerce reexamine whether UTP– 

JA’s cost of caps should be treated as 

packing expenses in light of its prior 

treatment of this material.4

On June 22, 2018, Commerce issued 

its final results of redetermination, in 

which we reclassified UTP–JA’s cost of 

caps as packing expenses; this revision 

did not change the final dumping 

margin for Universal.5 On July 9, 2018, 

the Court sustained the Remand 

Redetermination. 

Timken Notice 

In its decision in Timken,6 as clarified 

by Diamond Sawblades,7 the United 

States Court of Appeals for the Federal 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices 34115 

1See Certain Carbon and Alloy Steel Cut-toLength Plate from the People’s Republic of China: 

Preliminary Results of Countervailing Duty 

Expedited Review, 83 FR 12337 (March 21, 2018) 

(Preliminary Results). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of Expedited 

Review of the Countervailing Duty Order on Certain 

Carbon and Alloy Steel Cut-to-Length Plate from the 

People’s Republic of China,’’ dated concurrently 

with, and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

3 Id. 

4 Id; see also Memorandum, ‘‘Final Results 

Calculations for TG Tools’’ (June 13, 2018). 

Circuit 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 

Court’s July 9, 2018, final judgment 

sustaining Commerce’s Remand 

Redetermination constitutes a final 

decision of the Court that is not in 

harmony with Commerce’s Final 

Determination. This notice is published 

in fulfillment of the publication 

requirements of Timken. Accordingly, 

Commerce 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. 

We have not amended the Final 

Determination because reclassifying 

UTP–JA’s cost of caps as packing 

expenses did not result in a change to 

the weighted-average dumping margin 

calculated for Universal in the Final 

Determination, which remains 5.58 

percent. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c)(1) and 

(e), and 777(i)(1) of the Act. 

Dated: July 13, 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. 2018–15566 Filed 7–18–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–048] 

Certain Carbon and Alloy Steel Cut-toLength Plate From the People’s 

Republic of China: Final Results of 

Countervailing Duty Expedited Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) has completed its 

expedited review of the countervailing 

duty (CVD) order on certain carbon and 

alloy steel cut-to-length plate (CTL 

plate) from the People’s Republic of 

China (China) and finds that Jiangsu 

Tiangong Tools Company Limited (TG 

Tools) received countervailable 

subsidies during period of review (POR) 

January 1, 2015, through December 31, 

2015. 

DATES: Applicable July 19, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Mullen, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–5260. 

SUPPLEMENTARY INFORMATION: 

Background 

Commerce published the Preliminary 

Results of this expedited review on 

March 21, 2018.1 A summary of the 

events that occurred since we published 

the Preliminary Results, as well as a full 

discussion of the issues raised by parties 

for the final results, may be found in the 

Issues and Decision Memorandum 2

issued concurrently with, and hereby 

adopted by, this notice. The Issues and 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at http://

access.trade.gov, and is available to all 

parties in the Central Records Unit, 

Room B8024 of the main Department of 

Commerce building. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. The signed Issues and Decision 

Memorandum and the electronic 

version are identical in content. 

Scope of the Order 

The product covered by this order is 

CTL plate. A full description of the 

scope of the order is contained in the 

Issues and Decision Memorandum.3

Methodology 

Commerce conducted this CVD 

expedited review in accordance with 19 

CFR 351.214(k). For a full description of 

the methodology underlying our 

conclusions, see the Issues and Decision 

Memorandum. The subsidy programs 

under review, and the issues raised in 

the case and rebuttal briefs submitted by 

the parties, are discussed in the Issues 

and Decision Memorandum. A list of 

the issues that parties raised, and to 

which we responded in the Issues and 

Decision Memorandum, is attached as 

an Appendix to this notice. 

Based on our review and analysis of 

the comments received from parties, we 

made certain changes to TG Tools’ 

subsidy rate calculations since the 

Preliminary Results. For a discussion of 

these changes, see the Issues and 

Decision Memorandum and the Final 

Calculation Memorandum.4

Final Results of the Expedited Review 

As a result of this expedited review, 

we determine the countervailable 

subsidy rate to be: 

Company Subsidy rate 

Jiangsu Tiangong Tools Company Limited, Tiangong Aihe Company Limited, Jiangsu Tiangong Group Company Limited, 

Jiangsu Tiangong Mould Steel R&D Center Company Limited ...................................................................................................... 26.90 percent 

Cash Deposit Instructions 

Pursuant to section 19 CFR 

351.214(k)(3)(iii), the final results of this 

expedited review will not be the basis 

for the assessment of countervailing 

duties. Upon the issuance of these final 

results, Commerce will instruct Customs 

and Border Protection (CBP) to collect 

cash deposits of estimated 

countervailing duties for the companies 

subject to this expedited review, at the 

rates shown above, on shipments of 

subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of the final results of this 

expedited review. These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 


sradovich on DSK3GMQ082PROD with NOTICES