Certain Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review; 2005-2006, 59652-59653 [2013-23643]

Download as PDF 59652 Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices FOR FURTHER INFORMATION CONTACT: Christopher Hargett, Office 8, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4161. SUPPLEMENTARY INFORMATION: Background The Department published the final results of the fourteenth administrative review of the antidumping duty order on CORE from Korea on March 16, 2009.2 Union, United States Steel Corporation, and Nucor Corporation respectively filed timely complaints with the CIT to challenge various aspects of the Final Results. On February 15, 2011, the Court remanded for the Department to reconsider its positions with regard to the model-match criteria as applied to Union, the major input adjustment as applied to Union, and certain adjustments to Union’s substrate purchases.3 On July 15, 2011, the Department filed remand redeterminations in which it revised its position with regard to the model-match criteria and purchases of substrate steel and material purchases as applied to Union.4 Accordingly, the Department recalculated Union’s weighted-average margin from 7.56 percent in the Final Results to 7.45 percent.5 On April 25, 2012, the Court sustained the Department’s remand redeterminations regarding the model-match criteria and substrate steel and material purchases as applied to Union.6 On August 8, 2013, after disposition of remaining issues, the Court entered final judgments.7 pmangrum on DSK3VPTVN1PROD with NOTICES Timken Notice In its decision in Timken, as clarified by Diamond Sawblades, the CAFC held 2 See Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Notice of Final Results of the Fourteenth Administrative Review and Partial Rescission, 74 FR 11082 (March 16, 2009) (‘‘Final Results’’), amended by Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Notice of Amended Final Results of the Fourteenth Antidumping Duty Administrative Review, 74 FR 19199 (April 28, 2009) (amending with respect to Dongbu Steel Co., Ltd., Hyundai HYSCO, Pohang Iron & Steel Co., Ltd., and Pohang Coated Steel Co., Ltd.). 3 See Union I and U.S. Steel I. 4 See Union Remand Results and U.S. Steel Remand Results. 5 Id. 6 See Union Steel v. United States, 836 F. Supp. 2d 1382 (CIT 2012); United States Steel Corp. v. United States, 844 F. Supp. 2d 1334 (CIT 2012). 7 See Union Steel v. United States, Court No. 09– 00130, Slip Op. 13–104 (CIT August 8, 2013); United States Steel Corp. v. United States, Consol. Court No. 09–00156, Slip Op. 13–103 (CIT August 8, 2013). VerDate Mar<15>2010 14:21 Sep 26, 2013 Jkt 229001 that, pursuant to section 516A(c) 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 August 8, 2013, judgments in this case constitute final decisions of that court that are not in harmony with the Department’s final results of the administrative review. 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 expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. Because the antidumping duty order on CORE from Korea has been revoked effective February 14, 2012, cash deposits are no longer in effect.8 Amended Final Results Because there are now final court decisions with respect to this case, the Department is amending its Final Results with respect to Union’s weighted-average dumping margins for the period August 1, 2006 through July 31, 2007.9 The revised weighted-average dumping margin is as follows: Manufacturer/exporter Weighted-average dumping margin (percent) Union Steel ................... 7.45 In the event that the CIT’s ruling is not appealed, or if appealed, upheld by the CAFC, the Department will instruct CBP to liquidate entries of subject merchandise in accordance with 19 CFR 351.212(b).10 This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: September 19, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–23636 Filed 9–26–13; 8:45 am] BILLING CODE 3510–DS–P Frm 00006 Fmt 4703 International Trade Administration [A–580–816] Certain Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review; 2005–2006 On August 8, 2013, the United States Court of International Trade (‘‘CIT’’ or ‘‘Court’’) entered final judgment sustaining the Department of Commerce’s (‘‘Department’’) final results of the remand redetermination 1 relating to the thirteenth administrative review of the antidumping duty order on certain corrosion-resistant carbon steel flat products (‘‘CORE’’) from the Republic of Korea (‘‘Korea’’), pursuant to the CIT’s remand order in Union Steel v. United States, 753 F. Supp. 2d 1317 (CIT 2011) (‘‘Union II’’). 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’’), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (‘‘Diamond Sawblades’’), the Department is notifying the public that the final CIT judgment in this case is not in harmony with the Department’s final results of administrative review and is amending its final results of the administrative review of the antidumping duty order on CORE from Korea covering the period of review (‘‘POR’’) of August 1, 2005 through July 31, 2006, with respect to the weightedaverage dumping margin assigned to Union Steel Manufacturing Co., Ltd. (‘‘Union’’). DATES: Effective August 19, 2013. FOR FURTHER INFORMATION CONTACT: Christopher Hargett, Office 8, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4161. SUPPLEMENTARY INFORMATION: SUMMARY: Background 8 See Corrosion-Resistant Carbon Steel Flat Products from Germany and the Republic of Korea: Revocation of Antidumping and Countervailing Duty Orders, 78 FR 16832 (March 19, 2013) 9 The remaining weighted-average dumping margins from the Final Results, as subsequently amended, remain unchanged. 10 See Final Results, 74 FR 11083. PO 00000 DEPARTMENT OF COMMERCE Sfmt 4703 The Department published the final results of the thirteenth administrative review of the antidumping duty order on CORE from Korea on March 17, 1 See Final Remand Results of Redetermination Pursuant to Remand, CIT Court No. 08–00101 (April 11, 2011) (‘‘Second Remand Results’’). E:\FR\FM\27SEN1.SGM 27SEN1 Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices 2008.2 Union subsequently filed a timely complaint with the CIT to challenge various aspects of the Final Results. On September 28, 2009, the Court granted the Department’s request for voluntary remand to provide additional explanation with regard to the modelmatch criteria as applied to Union.3 On December 28, 2009, the Department filed initial remand results providing that explanation, but without changing its methodology or recalculating Union’s weighted-average dumping margin.4 On January 11, 2011, the Court again remanded for the Department to reconsider its position with regard to the model-match criteria as applied to Union.5 On April 11, 2011, the Department revised its position with regard to the model-match criteria as applied to Union and recalculated Union’s weighted-average margin from 4.35 percent in the Final Results to 3.59 percent.6 On November 21, 2011, the Court sustained the Department’s remand redetermination regarding the model-match criteria.7 On August 8, 2013, after disposition of remaining issues, the Court entered final judgment.8 Timken Notice In its decision in Timken, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(c) 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 August 8, 2013, judgment in this case constitutes a final decision of that court that is not in harmony with the Department’s final results of the administrative review. 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 expiration of the period of appeal or, if pmangrum on DSK3VPTVN1PROD with NOTICES 2 See Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Notice of Final Results of the Thirteenth Administrative Review, 73 FR 14220 (March 17, 2008) (‘‘Final Results’’). 3 See Union Steel v. United States, 645 F. Supp. 2d 1298 (CIT 2009). 4 See Final Remand Results of Redetermination Pursuant to Remand, CIT Court No. 08–00101 (December 28, 2009). 5 See Union II. 6 See Second Remand Results. 7 See Union Steel v. United States, 804 F. Supp. 2d 1356 (CIT 2011). 8 See Union Steel v. United States, Court No. 08– 00101, Slip Op. 13–105 (CIT Aug. 8, 2013). VerDate Mar<15>2010 14:21 Sep 26, 2013 Jkt 229001 59653 appealed, pending a final and conclusive court decision. Because the antidumping duty order on CORE from Korea has been revoked effective February 14, 2012, cash deposits are no longer in effect.9 Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–4735. SUPPLEMENTARY INFORMATION: Amended Final Results Because there is now a final court decision with respect to this case, the Department is amending its Final Results with respect to Union’s weighted-average dumping margins for the period August 1, 2005 through July 31, 2006.10 The revised weightedaverage dumping margin is as follows: Background Manufacturer/exporter Weighted-average dumping margin (percent) Union Steel Manufacturing Co., Ltd. .......... 3.59 In the event that the CIT’s ruling is not appealed, or if appealed, upheld by the CAFC, the Department will instruct CBP to liquidate entries of subject merchandise in accordance with 19 CFR 351.212(b).11 This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: September 19, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–23643 Filed 9–26–13; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration Notice of Scope Rulings Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: The Department of Commerce (‘‘Department’’) hereby publishes a list of scope rulings and anticircumvention determinations made between April 1, 2013, and June 30, 2013. We intend to publish future lists after the close of the next calendar quarter. DATES: September 27, 2013. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, AD/CVD Operations, Customs Liaison Unit, Import SUMMARY: 9 See Corrosion-Resistant Carbon Steel Flat Products from Germany and the Republic of Korea: Revocation of Antidumping and Countervailing Duty Orders, 78 FR 16832 (March 19, 2013) 10 The remaining weighted-average dumping margins from the Final Results remain unchanged. 11 See Final Results, 73 FR at 14221. Frm 00007 Fmt 4703 Scope Rulings Made Between April 1, 2013, and June 30, 2013 India A–533–502: Certain Welded Carbon Steel Standard Pipes and Tubes From India Requestor: Salem Steel NA, LLC; Certain electric resistance welded (ERW) mechanical tubing and ERW hydraulic tubing, cold drawn and/or drawn over mandrel (CD/DOM), regardless of size, are not within the scope of the antidumping duty order; June 7, 2013 (final). Italy DEPARTMENT OF COMMERCE PO 00000 The Department’s regulations provide that the Secretary will publish in the Federal Register a list of scope rulings on a quarterly basis.1 Our most recent notification of scope rulings was published on July 18, 2013.2 This current notice covers all scope rulings and anticircumvention determinations made by Import Administration between April 1, 2013, and June 30, 2013, inclusive. As described below, subsequent lists will follow after the close of each calendar quarter. Sfmt 4703 A–475–703: Granular Polytetrafluoroethylene Resin From Italy Requestor: Industrial Plastics and Machine, Inc.; Certain polytetrafluoroethylene (PTFE) resin products made from raw, unfilled PTFE powder from Russia and the People’s Republic of China and imported by Industrial Plastics and Machine, Inc. from Guarniflon S.p.A. are not covered by the antidumping duty order; April 26, 2013 (preliminary). People’s Republic of China A–570–967 and C–570–968: Aluminum Extrusions From the People’s Republic of China Requestor: 5 Diamond Promotions, Inc.; Its aluminum flag pole sets are within the scope of the antidumping and countervailing duty orders because they do not enter the United States with all parts necessary to complete a final 1 See 19 CFR 351.225(o). Notice of Scope Rulings, 78 FR 42934 (July 18, 2013). 2 See E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59652-59653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23643]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-816]


Certain Corrosion-Resistant Carbon Steel Flat Products From the 
Republic of Korea: Notice of Court Decision Not in Harmony With Final 
Results of Administrative Review and Notice of Amended Final Results of 
Administrative Review; 2005-2006

SUMMARY: On August 8, 2013, the United States Court of International 
Trade (``CIT'' or ``Court'') entered final judgment sustaining the 
Department of Commerce's (``Department'') final results of the remand 
redetermination \1\ relating to the thirteenth administrative review of 
the antidumping duty order on certain corrosion-resistant carbon steel 
flat products (``CORE'') from the Republic of Korea (``Korea''), 
pursuant to the CIT's remand order in Union Steel v. United States, 753 
F. Supp. 2d 1317 (CIT 2011) (``Union II''). 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''), as clarified by Diamond Sawblades Mfrs. Coalition 
v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond 
Sawblades''), the Department is notifying the public that the final CIT 
judgment in this case is not in harmony with the Department's final 
results of administrative review and is amending its final results of 
the administrative review of the antidumping duty order on CORE from 
Korea covering the period of review (``POR'') of August 1, 2005 through 
July 31, 2006, with respect to the weighted-average dumping margin 
assigned to Union Steel Manufacturing Co., Ltd. (``Union'').
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    \1\ See Final Remand Results of Redetermination Pursuant to 
Remand, CIT Court No. 08-00101 (April 11, 2011) (``Second Remand 
Results'').

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DATES: Effective August 19, 2013.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett, Office 8, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4161.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the final results of the thirteenth 
administrative review of the antidumping duty order on CORE from Korea 
on March 17,

[[Page 59653]]

2008.\2\ Union subsequently filed a timely complaint with the CIT to 
challenge various aspects of the Final Results.
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    \2\ See Certain Corrosion-Resistant Carbon Steel Flat Products 
from the Republic of Korea: Notice of Final Results of the 
Thirteenth Administrative Review, 73 FR 14220 (March 17, 2008) 
(``Final Results'').
---------------------------------------------------------------------------

    On September 28, 2009, the Court granted the Department's request 
for voluntary remand to provide additional explanation with regard to 
the model-match criteria as applied to Union.\3\ On December 28, 2009, 
the Department filed initial remand results providing that explanation, 
but without changing its methodology or recalculating Union's weighted-
average dumping margin.\4\ On January 11, 2011, the Court again 
remanded for the Department to reconsider its position with regard to 
the model-match criteria as applied to Union.\5\ On April 11, 2011, the 
Department revised its position with regard to the model-match criteria 
as applied to Union and recalculated Union's weighted-average margin 
from 4.35 percent in the Final Results to 3.59 percent.\6\ On November 
21, 2011, the Court sustained the Department's remand redetermination 
regarding the model-match criteria.\7\ On August 8, 2013, after 
disposition of remaining issues, the Court entered final judgment.\8\
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    \3\ See Union Steel v. United States, 645 F. Supp. 2d 1298 (CIT 
2009).
    \4\ See Final Remand Results of Redetermination Pursuant to 
Remand, CIT Court No. 08-00101 (December 28, 2009).
    \5\ See Union II.
    \6\ See Second Remand Results.
    \7\ See Union Steel v. United States, 804 F. Supp. 2d 1356 (CIT 
2011).
    \8\ See Union Steel v. United States, Court No. 08-00101, Slip 
Op. 13-105 (CIT Aug. 8, 2013).
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Timken Notice

    In its decision in Timken, as clarified by Diamond Sawblades, the 
CAFC held that, pursuant to section 516A(c) 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 August 8, 2013, judgment in 
this case constitutes a final decision of that court that is not in 
harmony with the Department's final results of the administrative 
review. 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 expiration 
of the period of appeal or, if appealed, pending a final and conclusive 
court decision. Because the antidumping duty order on CORE from Korea 
has been revoked effective February 14, 2012, cash deposits are no 
longer in effect.\9\
---------------------------------------------------------------------------

    \9\ See Corrosion-Resistant Carbon Steel Flat Products from 
Germany and the Republic of Korea: Revocation of Antidumping and 
Countervailing Duty Orders, 78 FR 16832 (March 19, 2013)
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court decision with respect to this 
case, the Department is amending its Final Results with respect to 
Union's weighted-average dumping margins for the period August 1, 2005 
through July 31, 2006.\10\ The revised weighted-average dumping margin 
is as follows:
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    \10\ The remaining weighted-average dumping margins from the 
Final Results remain unchanged.

------------------------------------------------------------------------
                                                       Weighted-average
                Manufacturer/exporter                   dumping margin
                                                           (percent)
------------------------------------------------------------------------
Union Steel Manufacturing Co., Ltd..................                3.59
------------------------------------------------------------------------

    In the event that the CIT's ruling is not appealed, or if appealed, 
upheld by the CAFC, the Department will instruct CBP to liquidate 
entries of subject merchandise in accordance with 19 CFR 
351.212(b).\11\
---------------------------------------------------------------------------

    \11\ See Final Results, 73 FR at 14221.
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    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: September 19, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-23643 Filed 9-26-13; 8:45 am]
BILLING CODE 3510-DS-P