Certain Corrosion-Resistant Steel Products From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Determination of Investigation and Notice of Amended Final Results, 39054-39055 [2018-16898]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 39054 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices Board Chair may call for a vote to close the meetings only for the time necessary to preserve the confidentiality of such information, pursuant to 47 U.S.C. 1424(e)(2). Times and Dates of Meeting: A combined meeting of the FirstNet Authority Board and Board Committees will be held on August 13, 2018, between 11:00 a.m. and 12:00 p.m., Eastern Daylight Time (EDT). The meeting of the FirstNet Authority Board and Board Committees will be open to the public via teleconference and WebEx from 11:00 a.m. to 12:00 p.m. EDT. The times listed above are subject to change. Please refer to FirstNet’s website at www.firstnet.gov for the most up-to-date information. Place: The combined meeting of the FirstNet Authority Board and Board Committees will be conducted via teleconference and WebEx. 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[FR Doc. 2018–16912 Filed 8–7–18; 8:45 am] BILLING CODE 3510–TL–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Emerging Technology Technical Advisory Committee (ETTAC); Notice of Recruitment of Private-Sector Members The Bureau of Industry and Security (BIS) is announcing a recruitment for new candidates to serve on the Emerging Technology Technical Advisory Committee (ETTAC) to advise the Department of Commerce and other agency officials on emerging technologies with potential dual-use applications. 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[FR Doc. 2018–16893 Filed 8–7–18; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–878] Certain Corrosion-Resistant Steel Products From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Determination of Investigation and Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 22, 2018, the United States Court of International Trade (the CIT) entered final judgment sustaining the Department of Commerce’s (Commerce) remand results pertaining to the final determination in the antidumping duty (AD) investigation on certain corrosion-resistant steel products (CORE) from the Republic of Korea (Korea) for Hyundai Steel Company (Hyundai). Commerce is notifying the public that the final judgment in this case is not in harmony with the final determination, and that AGENCY: E:\FR\FM\08AUN1.SGM 08AUN1 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices Commerce has determined a dumping margin of 7.89 percent ad valorem for Hyundai. We have also revised the ‘‘all others’’ rate to 8.32 percent ad valorem. DATES: June 22, 2018. FOR FURTHER INFORMATION CONTACT: Chloee Sagmoe or Elfi Blum, 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) 482–2273 and (202) 482–0197, respectively. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with NOTICES Background On June 2, 2016, Commerce published the Final Determination for the AD investigation of CORE from Korea pertaining to mandatory respondents Hyundai and Dongkuk Steel Mill Co., Ltd/Union Steel Manufacturing Co., Ltd. (Dongkuk). The period of investigation (POI) is April 1, 2014, through March 31, 2015.1 In the Final Determination, Commerce calculated weighted-average dumping margins for Hyundai and Dongkuk that were above de minimis and which were not based on total facts available. Commerce calculated the ‘‘allothers’’ rate using a simple average of dumping margins calculated for the mandatory respondents.2 Commerce determined a weighted-average dumping rate of 8.75 percent for Dongkuk, 47.80 percent for Hyundai, and 31.73 for all-others.3 On January 10, 2018, the CIT remanded for Commerce to provide Hyundai with an opportunity to remedy the deficiencies at issue for its further manufactured sales of skelp, sheet, and blanks (SSBs), and to recalculate Hyundai’s overall margin.4 Commerce determined in the AD investigation that the application of facts available, with an adverse inference, pursuant to sections 776(a)(1), 776(a)(2), and 776(b) of the Act, was warranted for Hyundai’s U.S. sales of tailor welded blanks (TWBs), auto parts, and SSBs because: (1) Certain information was not available on the record; (2) Hyundai’s December 29, 2015 data submissions were untimely; and (3) Hyundai significantly impeded the proceeding 1 See Certain Corrosion-Resistant Steel Products from the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 81 FR 35303 (June 2, 2016) (Final Determination) and accompanying Issues and Decision Memorandum (IDM). 2 Id. 3 Id. 4 See Hyundai Steel Company v. United States, Court No. 16–00161, Slip Op. 18–2 (Hyundai v. U.S.). VerDate Sep<11>2014 22:37 Aug 07, 2018 Jkt 244001 through delays and the provision of unusable information. As stated above, the CIT remanded to Commerce, instructing Commerce to provide Hyundai with an opportunity to remedy its deficiencies with respect to its sales and costs of SSBs, holding that Commerce improperly had failed to do so in the original proceeding.5 In light of the Court’s remand order, on May 3, 2018, Commerce released the Draft Remand Determination,6 finding that Hyundai’s March 15, 2018 response remedied the major deficiencies in its previous further manufacturing responses with respect to SSBs. Specifically, we found that Hyundai sufficiently explained the inconsistencies and previously unexplained changes that plagued the data it submitted with respect to its SSB sales during the investigation. Based on the analysis of Hyundai’s response to the remand questionnaire and verification, Commerce made adjustments to Hyundai’s reported further-manufacturing expenses for SSBs in order to recalculate Hyundai’s dumping margin to include its sales of SSBs.7 Both the petitioners 8 and Hyundai 9 filed comments on the Draft Remand Determination on May 11, 2018. On May 11, 2018, Commerce filed the Final Remand Determination with the CIT.10 On June 22, 2018, the CIT sustained the Department’s Final Remand Determination.11 Thus, the CIT sustained our changes made to our margin analysis and margin calculations for Hyundai’s sales of SSBs, resulting in an overall dumping margin of 7.89 percent ad valorem for Hyundai. Commerce has also revised the ‘‘all others’’ rate to 8.32 percent ad valorem. 5 Id. 6 See ‘‘Draft Results of Redetermination Pursuant to Remand: Antidumping Duty (AD) Investigation on Certain-Corrosion-Resistant Steel Products (CORE) from the Republic of Korea,’’ (Draft Remand Determination) dated May 3, 2018. 7 Id. 8 See United States Steel Corporation’s Comments, ‘‘Certain Corrosion-Resistant Steel Products from the Republic of Korea: Comments on the Draft Remand Redetermination,’’ dated May 8, 2018. 9 See Hyundai Steel Company’s Comments, ‘‘Certain Corrosion-Resistant Steel Products from the Republic of Korea: Comments on Draft Remand Redetermination,’’ dated May 7, 2018. 10 See Final Remand Redetermination Pursuant to Hyundai Steel Company, v. United States, Court. No. 16–00161, Slip Op. 18–2 (Court of International Trade January 10, 2018), dated May 11, 2018 (Final Remand Redetermination). 11 See Hyundai Steel Company v. United States, CIT Slip Op. 18–2, Ct. No. 16–00161 (June 22, 2018). PO 00000 Frm 00015 Fmt 4703 Sfmt 9990 39055 Timken Notice In its decision in Timken,12 as clarified by Diamond Sawblades,13 the Court of Appeals for the Federal Circuit 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 June 22, 2018, final judgment sustaining the Final Remand Determination 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 Timken publication requirements. Amended Final Determination Because there is now a final court decision, we are amending the Final Determination with respect to the dumping margin calculated for Hyundai. Based on the Final Remand Determination, as affirmed by the CIT, the revised dumping margin for Hyundai is 7.89 percent ad valorem. We have also re-calculated the ‘‘all-others rate’’ to 8.32 percent. Cash Deposit Requirements Commerce will issue revised cash deposit instructions to CBP, adjusting the cash deposit rate for Hyundai to 7.88 percent and the ‘‘all-others’’ cash deposit rate to 8.31 percent, effective July 2, 2018.14 Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: July 23, 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. 2018–16898 Filed 8–7–18; 8:45 am] BILLING CODE 3510–DS–P 12 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 13 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 14 See Final Remand Determination at FN 74: ‘‘We intend to instruct U.S. Customs and Border Protection to require a cash deposit less the amount of the countervailing duty determined to constitute any export subsidies (.0.01 percent). Therefore, Hyundai’s cash deposit rate will be 7.88 percent and the all-others cash deposit rate will be 8.31.’’ E:\FR\FM\08AUN1.SGM 08AUN1

Agencies

[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39054-39055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16898]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-878]


Certain Corrosion-Resistant Steel Products From the Republic of 
Korea: Notice of Court Decision Not in Harmony With Final Determination 
of Investigation and Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 22, 2018, the United States Court of International 
Trade (the CIT) entered final judgment sustaining the Department of 
Commerce's (Commerce) remand results pertaining to the final 
determination in the antidumping duty (AD) investigation on certain 
corrosion-resistant steel products (CORE) from the Republic of Korea 
(Korea) for Hyundai Steel Company (Hyundai). Commerce is notifying the 
public that the final judgment in this case is not in harmony with the 
final determination, and that

[[Page 39055]]

Commerce has determined a dumping margin of 7.89 percent ad valorem for 
Hyundai. We have also revised the ``all others'' rate to 8.32 percent 
ad valorem.

DATES: June 22, 2018.

FOR FURTHER INFORMATION CONTACT: Chloee Sagmoe or Elfi Blum, 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) 482-2273 and (202) 482-0197, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2016, Commerce published the Final Determination for the 
AD investigation of CORE from Korea pertaining to mandatory respondents 
Hyundai and Dongkuk Steel Mill Co., Ltd/Union Steel Manufacturing Co., 
Ltd. (Dongkuk). The period of investigation (POI) is April 1, 2014, 
through March 31, 2015.\1\ In the Final Determination, Commerce 
calculated weighted-average dumping margins for Hyundai and Dongkuk 
that were above de minimis and which were not based on total facts 
available. Commerce calculated the ``all-others'' rate using a simple 
average of dumping margins calculated for the mandatory respondents.\2\ 
Commerce determined a weighted-average dumping rate of 8.75 percent for 
Dongkuk, 47.80 percent for Hyundai, and 31.73 for all-others.\3\
---------------------------------------------------------------------------

    \1\ See Certain Corrosion-Resistant Steel Products from the 
Republic of Korea: Final Determination of Sales at Less Than Fair 
Value and Final Affirmative Determination of Critical Circumstances, 
81 FR 35303 (June 2, 2016) (Final Determination) and accompanying 
Issues and Decision Memorandum (IDM).
    \2\ Id.
    \3\ Id.
---------------------------------------------------------------------------

    On January 10, 2018, the CIT remanded for Commerce to provide 
Hyundai with an opportunity to remedy the deficiencies at issue for its 
further manufactured sales of skelp, sheet, and blanks (SSBs), and to 
recalculate Hyundai's overall margin.\4\ Commerce determined in the AD 
investigation that the application of facts available, with an adverse 
inference, pursuant to sections 776(a)(1), 776(a)(2), and 776(b) of the 
Act, was warranted for Hyundai's U.S. sales of tailor welded blanks 
(TWBs), auto parts, and SSBs because: (1) Certain information was not 
available on the record; (2) Hyundai's December 29, 2015 data 
submissions were untimely; and (3) Hyundai significantly impeded the 
proceeding through delays and the provision of unusable information. As 
stated above, the CIT remanded to Commerce, instructing Commerce to 
provide Hyundai with an opportunity to remedy its deficiencies with 
respect to its sales and costs of SSBs, holding that Commerce 
improperly had failed to do so in the original proceeding.\5\
---------------------------------------------------------------------------

    \4\ See Hyundai Steel Company v. United States, Court No. 16-
00161, Slip Op. 18-2 (Hyundai v. U.S.).
    \5\ Id.
---------------------------------------------------------------------------

    In light of the Court's remand order, on May 3, 2018, Commerce 
released the Draft Remand Determination,\6\ finding that Hyundai's 
March 15, 2018 response remedied the major deficiencies in its previous 
further manufacturing responses with respect to SSBs. Specifically, we 
found that Hyundai sufficiently explained the inconsistencies and 
previously unexplained changes that plagued the data it submitted with 
respect to its SSB sales during the investigation. Based on the 
analysis of Hyundai's response to the remand questionnaire and 
verification, Commerce made adjustments to Hyundai's reported further-
manufacturing expenses for SSBs in order to recalculate Hyundai's 
dumping margin to include its sales of SSBs.\7\ Both the petitioners 
\8\ and Hyundai \9\ filed comments on the Draft Remand Determination on 
May 11, 2018. On May 11, 2018, Commerce filed the Final Remand 
Determination with the CIT.\10\
---------------------------------------------------------------------------

    \6\ See ``Draft Results of Redetermination Pursuant to Remand: 
Antidumping Duty (AD) Investigation on Certain-Corrosion-Resistant 
Steel Products (CORE) from the Republic of Korea,'' (Draft Remand 
Determination) dated May 3, 2018.
    \7\ Id.
    \8\ See United States Steel Corporation's Comments, ``Certain 
Corrosion-Resistant Steel Products from the Republic of Korea: 
Comments on the Draft Remand Redetermination,'' dated May 8, 2018.
    \9\ See Hyundai Steel Company's Comments, ``Certain Corrosion-
Resistant Steel Products from the Republic of Korea: Comments on 
Draft Remand Redetermination,'' dated May 7, 2018.
    \10\ See Final Remand Redetermination Pursuant to Hyundai Steel 
Company, v. United States, Court. No. 16-00161, Slip Op. 18-2 (Court 
of International Trade January 10, 2018), dated May 11, 2018 (Final 
Remand Redetermination).
---------------------------------------------------------------------------

    On June 22, 2018, the CIT sustained the Department's Final Remand 
Determination.\11\ Thus, the CIT sustained our changes made to our 
margin analysis and margin calculations for Hyundai's sales of SSBs, 
resulting in an overall dumping margin of 7.89 percent ad valorem for 
Hyundai. Commerce has also revised the ``all others'' rate to 8.32 
percent ad valorem.
---------------------------------------------------------------------------

    \11\ See Hyundai Steel Company v. United States, CIT Slip Op. 
18-2, Ct. No. 16-00161 (June 22, 2018).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\12\ as clarified by Diamond 
Sawblades,\13\ the Court of Appeals for the Federal Circuit 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 June 22, 2018, final judgment sustaining the Final Remand 
Determination 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 Timken publication requirements.
---------------------------------------------------------------------------

    \12\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \13\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Determination

    Because there is now a final court decision, we are amending the 
Final Determination with respect to the dumping margin calculated for 
Hyundai. Based on the Final Remand Determination, as affirmed by the 
CIT, the revised dumping margin for Hyundai is 7.89 percent ad valorem. 
We have also re-calculated the ``all-others rate'' to 8.32 percent.

Cash Deposit Requirements

    Commerce will issue revised cash deposit instructions to CBP, 
adjusting the cash deposit rate for Hyundai to 7.88 percent and the 
``all-others'' cash deposit rate to 8.31 percent, effective July 2, 
2018.\14\
---------------------------------------------------------------------------

    \14\ See Final Remand Determination at FN 74: ``We intend to 
instruct U.S. Customs and Border Protection to require a cash 
deposit less the amount of the countervailing duty determined to 
constitute any export subsidies (.0.01 percent). Therefore, 
Hyundai's cash deposit rate will be 7.88 percent and the all-others 
cash deposit rate will be 8.31.''
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: July 23, 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. 2018-16898 Filed 8-7-18; 8:45 am]
 BILLING CODE 3510-DS-P