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]
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39054
Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices
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[FR Doc. 2018–16912 Filed 8–7–18; 8:45 am]
BILLING CODE 3510–TL–P
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Emerging Technology Technical
Advisory Committee (ETTAC); Notice
of Recruitment of Private-Sector
Members
The Bureau of Industry and Security
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producing cutting edge technology in
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membership term limit reflects the
Department’s commitment to attaining
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members will be highly ranked,
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Yvette Springer,
Committee Liaison Officer.
[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:
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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.).
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22:37 Aug 07, 2018
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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).
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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]
-----------------------------------------------------------------------
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.''
---------------------------------------------------------------------------
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
