Enforcement and Compliance, International Trade Administration, Department of Commerce.
On May 7, 2015, the United States Court of International Trade (CIT or Court) issued final judgment in Wheatland Tube Company v. United States, Consol. Court No. 12-00298, affirming the Department of Commerce's (the Department) redetermination pursuant to court remand. Consistent with section 516A of the Tariff Act of 1930, as amended (the Act), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's implemented final determination in a proceeding conducted under section 129 of the Uruguay Round Agreements Act (section 129) related to the Department's final affirmative countervailing duty determination on circular welded carbon quality steel pipe (CWP) from the People's Republic of China (China).
Effective Date: May 18, 2015.
Start Further Info
FOR FURTHER INFORMATION CONTACT:
Shane Subler, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0189.
End Further Info
Start Supplemental Information
On July 22, 2008, the Department published antidumping duty (AD) and countervailing duty (CVD) orders on CWP imports from China.
The Government of China (GOC) challenged the CWP orders and three other sets of simultaneously imposed AD and CVD orders before the WTO's Dispute Settlement Body. The WTO Appellate Body in March 2011 found that the United States had acted inconsistently with its international obligations in several respects, including the potential imposition of overlapping remedies, or so-called “double remedies.” 
The U.S. Trade Representative announced the United States' intention to comply with the WTO's rulings and recommendations, and the Department initiated a section 129 proceeding.
On July 31, 2012, the Department issued its final determination memorandum in the section 129 CVD proceeding on, inter alia, the double remedies issue.
Based on its analysis of broad manufacturing-level information, the Department found that an adjustment was warranted to the antidumping duty on U.S. CWP imports from China to account for remedies that overlap those imposed by the CVD order.
On August 30, 2012, acting at the direction of the U.S. Trade Representative pursuant to section 129, the Department published a notice implementing that final determination.
Plaintiff Wheatland Tube Company, Consolidated Plaintiff-Intervenor United States Steel Corporation, and Consolidated Plaintiff-Intervenors Allied Tube and Conduit and TMK IPSCO (collectively, the Domestic Interested Parties), challenged the Department's determination at the CIT.
On November 26, 2014, the Court remanded the section 129 Final Determination to the Department for further consideration of the finding that certain countervailable subsidies reduced the average price of U.S. CWP imports, such that the reduction warranted an adjustment to the companion AD rates under section 777A(f) of the Act.
Following the CIT's issuance of the Remand Order, the Department released a questionnaire to the original respondents in the CWP CVD investigation to obtain information necessary for its analysis under the Remand Order.
The Department also issued copies of the questionnaire to the GOC and its counsel in the section 129 proceeding.
Neither mandatory respondent nor the GOC, however, filed a response to this questionnaire or comments.
Pursuant to the Remand Order, the Department reconsidered its finding regarding the respondents' eligibility for Start Printed Page 30211an adjustment, and found no basis for making such an adjustment to the companion AD rates under section 777(A)(f)(1)(b) of the Act.
On May 7, 2015, the CIT sustained the Department's Remand Redetermination.
The CIT's May 7, 2015, judgment affirming the Remand Redetermination constitutes a final court decision that is not in harmony with the section 129 Final Determination. This notice is published in fulfillment of the statutory publication requirements.
Notification to Interested Parties
This notice is issued and published in accordance with sections 516A(c)(1) and 777(i)(1) of the Act.
End Supplemental Information
Dated: May 20, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-12786 Filed 5-26-15; 8:45 am]
BILLING CODE 3510-DS-P