Corrosion-Resistant Steel Products From Taiwan: Notice of Court Decision Not in Harmony With Final Determination of Antidumping Duty Investigation and Notice of Amended Final Determination of Investigation, 6129-6131 [2019-03240]

Download as PDF Federal Register / Vol. 84, No. 38 / Tuesday, February 26, 2019 / Notices review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: February 19, 2019. Andrew McGilvray, Executive Secretary. [FR Doc. 2019–03238 Filed 2–25–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S–21–2019] Foreign-Trade Zone 40—Cleveland, Ohio, Application for Subzone Expansion, Swagelok Company, Ravenna, Ohio An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Cleveland Cuyahoga County Port Authority, grantee of FTZ 40, requesting an expansion of Subzone 40I on behalf of Swagelok Company (Swagelok). The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the FTZ Board (15 CFR part 400). It was formally docketed on February 19, 2019. Subzone 40I currently consists of the following sites: Site 1 (70 acres) 29500 Solon Rd & 29495 FA Lennon Dr., Solon, Cuyahoga County; Site 2 (13.3 acres) 31400 Aurora Rd., Solon, Cuyahoga County; Site 3 (5 acres) 29500 Ambina Dr., Solon, Cuyahoga County; Site 4 (7.82 acres) 26651 & 26653 Curtiss Wright Parkway, Willoughby Hills, Cuyahoga County; Site 5 (16.8 acres) 318,348, & 358 Bishop Rd., Highland Heights, Cuyahoga County; Site 6 (23.95 acres) 6050, 6060, & 6100 Cochran Rd., Solon, Cuyahoga County; Site 7 (3 acres) 29900 Solon Industrial Parkway, Solon, Cuyahoga County; Site 8 (5 acres) 32550 Old South Miles Rd., Solon, Cuyahoga County; and, Site 9 (9.5 acres) 15400 Foltz Parkway, Strongsville, Cuyahoga County. The proposed expanded subzone would include the following additional site: Site 10 (8.87 acres), 935 N Freedom St., Ravenna, Portage County. Because the proposed site is outside FTZ 40’s Alternative Site Framework (ASF) service area, authorization of the expanded subzone would not be under the ASF. No authorization for expanded production activity has been requested at this time. The proposed subzone would be subject to the existing activation limit of FTZ 40. VerDate Sep<11>2014 16:24 Feb 25, 2019 Jkt 247001 In accordance with the FTZ Board’s regulations, Elizabeth Whiteman of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is April 8, 2019. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to April 22, 2019. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Elizabeth Whiteman at Elizabeth.Whiteman@trade.gov or (202) 482–0473. Dated: February 19, 2019. Andrew McGilvray, Executive Secretary. 6129 Staff is designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is April 8, 2019. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to April 22, 2019. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Qahira El-Amin at Qahira.El-Amin@ trade.gov or (202) 482–5928. Dated: February 19, 2019. Andrew McGilvray, Executive Secretary. [FR Doc. 2019–03237 Filed 2–25–19; 8:45 am] BILLING CODE 3510–DS–P [FR Doc. 2019–03235 Filed 2–25–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S–23–2019] Foreign-Trade Zone 262—Southaven, Mississippi; Application for Subzone; WPG Americas Inc.; Southaven, Mississippi An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Northern Mississippi FTZ, Inc., grantee of FTZ 262, requesting subzone status for the facility of WPG Americas Inc., located in Southaven, Mississippi. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on February 19, 2019. The proposed subzone (1.25 acres) is located at 481 Airport Industrial Drive, Suite 102, Southaven, Mississippi. No authorization for production activity has been requested at this time. The proposed subzone would be subject to the existing activation limit of FTZ 262. In accordance with the Board’s regulations, Qahira El-Amin of the FTZ PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 International Trade Administration [A–583–856] Corrosion-Resistant Steel Products From Taiwan: Notice of Court Decision Not in Harmony With Final Determination of Antidumping Duty Investigation and Notice of Amended Final Determination of Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 20, 2018, the United States Court of International Trade (Court) issued a final judgment in Prosperity Tieh Enterprise Co., Ltd. et al. v. United States, Consol. Court No. 16– 00138; Slip Op. 18–175 (CIT Dec. 20, 2018), sustaining the Department of Commerce’s (Commerce) remand results for the final determination of the antidumping investigation of certain corrosion-resistant steel products (CORE) from Taiwan, covering the period of investigation (POI) April 1, 2014, through March 31, 2015. Commerce is notifying the public that the Court has made a final judgment that is not in harmony with Commerce’s amended final determination of the antidumping investigation, and that AGENCY: E:\FR\FM\26FEN1.SGM 26FEN1 6130 Federal Register / Vol. 84, No. 38 / Tuesday, February 26, 2019 / Notices Commerce is amending the final determination. DATES: Applicable December 30, 2018. FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6386. SUPPLEMENTARY INFORMATION: Background On June 2, 2016, Commerce published its Final Determination, and on July 25, 2016, Commerce published its Amended Final Determination and Order concerning the antidumping investigation of CORE from Taiwan.1 The plaintiffs in this litigation, consisting of the two-mandatory respondents, Prosperity Tieh Enterprise Co., Ltd. (Prosperity) and Yieh Phui Enterprise Co., Ltd. (Yieh Phui) timely filed complaints with the Court challenging certain aspects of Commerce’s investigation. The petitioners in the investigation, AK Steel Corporation, Nucor Corporation, Steel Dynamics, Inc., California Steel Industries, Inc., ArcelorMittal USA LLC, and United States Steel Corporation intervened as defendant-intervenors. On January 23, 2018, the Court remanded three aspects of Commerce’s findings, in Prosperity Tieh I.2 First, the Court held that Commerce’s determination to deny Yieh Phui’s and Synn Industrial Co., Ltd.’s post-sale rebate adjustments ‘‘violated its own regulations,’’ and remanded to Commerce to ‘‘correct this error.’’ 3 Second, the Court remanded Commerce’s determination to collapse Prosperity, Yieh Phui, and Synn pursuant to its analysis under 19 CFR 351.401(f), because ‘‘the collapsing decision was based on erroneous findings of fact.’’ 4 Third, the Court remanded Commerce’s application of partial adverse facts available to 1 Certain Corrosion-Resistant Steel Products from Taiwan: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 81 FR 35313 (June 2, 2016), and accompanying Issues and Decision Memorandum (IDM) (Final Determination), as amended by Certain Corrosion-Resistant Steel Products from India, Italy, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016) (Amended Final Determination and Order). 2 See Prosperity Tieh Enterprise Co., Ltd. et al. v. United States, Consol. Court No. 16–00138; Slip Op. 18–5, at 2, 31–32 (CIT January 23, 2018) (Prosperity Tieh I). 3 Id. at 6–15. 4 Id. at 15–20. VerDate Sep<11>2014 16:24 Feb 25, 2019 Jkt 247001 Prosperity based on Commerce’s finding that Prosperity misclassified certain of its products in reporting sales in the databases by placing these products in the wrong yield strength category.5 The Court held that, in reporting its yield strength, ‘‘Prosperity complied with the instructions as Commerce wrote them.’’ 6 The Court ruled that ‘‘Commerce may not use facts otherwise available as a substitute for information that is now on the administrative record of the investigation, but indicated that ‘‘the type of corrective action is a matter for Commerce to decide’’ as to this remanded issue.7 In its Final Results Redetermination, Commerce: (1) Granted, under protest, downward price adjustments to the home market sales price equal to the amount of Yieh Phui’s post-sale rebates granted to the company’s home market customers; (2) continued to treat Prosperity, Yieh Phui, and Synn as a single-entity consistent with 19 CFR 351.401(f); and (3) revised, under protest, the Yieh Phui/Prosperity/Synn entity’s weighted-average dumping margin by using Prosperity’s reported yield strength data.8 After accounting for all such changes and issues in the Final Results Redetermination, the resulting antidumping margin for the Yieh Phui/Prosperity/Synn entity is 3.66 percent.9 On December 20, 2018, the Court sustained the Final Results Redetermination, in Prosperity II.10 Timken Notice In its decision in Timken,11 as clarified by Diamond Sawblades,12 the Court of Appeals for the Federal Circuit (Federal Circuit) held that, pursuant to section 516A of the Tariff Act of 1930, as amended (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.13 The Court’s December 20, 2018, judgment 5 Id. at 20–31. 6 Id. at 28. 7 Id. at 30–31. 8 See Final Results of Redetermination Pursuant to Prosperity Tieh Enterprise Co., Ltd. et al. v. United States, Consol. Court No. 16–00138; Slip. Op. 18–5, dated May 23, 2018 (Final Results Redetermination). 9 Id. at 31. 10 See Prosperity Tieh Enterprise Co., Ltd. et al. v. United States, Consol. Court No. 16–00138, Slip. Op. 18–175 (CIT December 20, 2018) (Prosperity II) (this opinion was made public on February 11, 2019). 11 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 12 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 13 See sections 516A(c) and (e) of the Act. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 constitutes a final decision of the Court that is not in harmony with Commerce’s Final Determination and Amended Final Determination and Order. As such, Commerce has published this notice in fulfillment of the publication requirement of Timken. Amended Final Determination and Amended Order Because there is now a final court decision, Commerce is amending the Final Determination and Amended Final Determination and Order with respect to the weighted-average dumping margin for the Yieh Phui/ Prosperity/Synn entity. Furthermore, in the Amended Final Determination and Order, and in accordance with section 735(c)(5)(A) of the Act, for companies not individually investigated, we applied an ‘‘all-others’’ rate of 10.34 percent.14 This rate was determined based on assigning the Yieh Phui/ Prosperity/Synn entity’s rate as the allothers rate.15 As noted above, the Yieh Phui/Prosperity/Synn’s amended weighted-average dumping margin is now 3.66 percent. Therefore, for purposes of this amended Final Determination, Commerce will instruct CBP that the all-others rate is to be amended to 3.66 percent.16 Accordingly, the revised weightedaverage dumping margin for the collapsed Yieh Phui/Prosperity/Synn entity and for all-others is as follows: Producer Prosperity Tieh Enterprise Co., Ltd., Yieh Phui Enterprise Co., Ltd., and Synn Industrial Co., Ltd ........................................... All-Others .................................... Weightedaverage dumping margin (percent) 3.66 3.66 Cash Deposit Requirements Since the Final Determination, Commerce has established a new cash deposit rate for Prosperity and Yieh Phui/Synn.17 Therefore, this amended final determination does not change the 14 See Amended Final Determination and Order, 81 FR at 48391; Final Determination, 81 FR at 35314. 15 See Final Determination, 81 FR at 35314. 16 See United States Steel Corp. v. United States, Slip Op. 18–139, at 8 (CIT October 17, 2018). 17 See Certain Corrosion-Resistant Steel Products from Taiwan: Final Results of Antidumping Administrative Review; 2016–2017, 83 FR 64527 (December 17, 2018) (First Administrative Review Final Results). As a result of this administrative review, Commerce continued to treat Yieh Phui and Synn as a single entity and determined that Prosperity should no longer be collapsed with Yieh Phui and Synn. E:\FR\FM\26FEN1.SGM 26FEN1 Federal Register / Vol. 84, No. 38 / Tuesday, February 26, 2019 / Notices later-established cash deposit rates for those producers and/or exporters. For all-other producers and/or exporters, except for companies that subsequently received their own rates in the first administrative review,18 Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection, adjusting the cash deposit rate for allother producers and/or exporters to 3.66 percent, effective December 30, 2018. Lastly, we note that, at this time, Commerce remains enjoined by Court order from liquidating entries that were produced and/or exported by Prosperity and imported by Prosperity Tieh USA, that were the subject of the First Administrative Review Final Results, and that were entered, or withdrawn from warehouse, on or after June 2, 2016, up to and including June 30, 2017. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(e), 751(a)(1), and 777(i)(1) of the Act. Dated: February 19, 2019. 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. 2019–03240 Filed 2–25–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [A–580–868] Large Residential Washers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that LG Electronics, Inc. (LGE), a producer/ exporter of large residential washers from the Republic of Korea (Korea), did not make sales at prices below normal value during the February 1, 2017, through January 31, 2018, period of review (POR). DATES: Applicable February 26, 2019. FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, Office II, Enforcement and Compliance, 18 Id., at 64528. VerDate Sep<11>2014 16:24 Feb 25, 2019 Jkt 247001 Scope of the Order The products covered by the order are all large residential washers and certain subassemblies thereof from Korea. The products are currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the Harmonized Tariff System of the United States (HTSUS). Products subject to this order may also enter under HTSUS subheadings 8450.11.0040, 8450.11.0080, 8450.90.2000, and 8450.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive.3 Changes Since the Preliminary Results As no parties submitted comments on the Preliminary Results, we made no changes in the final results of this review. International Trade Administration AGENCY: International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC, 20230; telephone: (202) 482–4136. SUPPLEMENTARY INFORMATION: On November 5, 2018, Commerce published the Preliminary Results and invited comments from interested parties.1 No interested party submitted comments. Commerce conducted this administrative review in accordance with sections 751(a)(1) and (2) of the Tariff Act of 1930, as amended (the Act). Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 28, 2019.2 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final results of this review is now April 15, 2019. Final Results of the Review As a result of this review, Commerce determines that a weighted-average dumping margin of 0.00 percent exists for LGE for the period February 1, 2017, through January 31, 2018. 1 See Large Residential Washers From the Republic of Korea: Preliminary Results of the Antidumping Duty Administrative Review; 2017– 2018, 83 FR 55346 (November 5, 2018) (Preliminary Results). 2 See Memorandum, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 3 For a full descripition of the scope of the order, see Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2017–2018 Administrative Review of the Antidumping Duty Order on Large Residential Washers from the Republic of Korea,’’ dated October 29, 2018. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 6131 Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), Commerce determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review. Because we calculated a zero margin for LGE in the final results of this review, we intend to instruct CBP to liquidate without regard to antidumping duties all shipments of subject merchandise manufactured and exported by LGE, entered or withdrawn from warehouse, for consumption, during the POR. In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise during the POR produced by LGE for which it did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.4 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for merchandise produced and/or exported by LGE will be zero; (2) for previously reviewed or investigated companies not covered by this review, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-thanfair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 11.80 percent, the all-others rate established in the LTFV investigation.5 These 4 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) for a full discussion of this practice. 5 See Large Residential Washers from Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013). E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Notices]
[Pages 6129-6131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03240]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-856]


Corrosion-Resistant Steel Products From Taiwan: Notice of Court 
Decision Not in Harmony With Final Determination of Antidumping Duty 
Investigation and Notice of Amended Final Determination of 
Investigation

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

SUMMARY: On December 20, 2018, the United States Court of International 
Trade (Court) issued a final judgment in Prosperity Tieh Enterprise 
Co., Ltd. et al. v. United States, Consol. Court No. 16-00138; Slip Op. 
18-175 (CIT Dec. 20, 2018), sustaining the Department of Commerce's 
(Commerce) remand results for the final determination of the 
antidumping investigation of certain corrosion-resistant steel products 
(CORE) from Taiwan, covering the period of investigation (POI) April 1, 
2014, through March 31, 2015. Commerce is notifying the public that the 
Court has made a final judgment that is not in harmony with Commerce's 
amended final determination of the antidumping investigation, and that

[[Page 6130]]

Commerce is amending the final determination.

DATES: Applicable December 30, 2018.

FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-6386.

SUPPLEMENTARY INFORMATION: 

Background

    On June 2, 2016, Commerce published its Final Determination, and on 
July 25, 2016, Commerce published its Amended Final Determination and 
Order concerning the antidumping investigation of CORE from Taiwan.\1\ 
The plaintiffs in this litigation, consisting of the two-mandatory 
respondents, Prosperity Tieh Enterprise Co., Ltd. (Prosperity) and Yieh 
Phui Enterprise Co., Ltd. (Yieh Phui) timely filed complaints with the 
Court challenging certain aspects of Commerce's investigation. The 
petitioners in the investigation, AK Steel Corporation, Nucor 
Corporation, Steel Dynamics, Inc., California Steel Industries, Inc., 
ArcelorMittal USA LLC, and United States Steel Corporation intervened 
as defendant-intervenors.
---------------------------------------------------------------------------

    \1\ Certain Corrosion-Resistant Steel Products from Taiwan: 
Final Determination of Sales at Less Than Fair Value and Final 
Affirmative Determination of Critical Circumstances, in Part, 81 FR 
35313 (June 2, 2016), and accompanying Issues and Decision 
Memorandum (IDM) (Final Determination), as amended by Certain 
Corrosion-Resistant Steel Products from India, Italy, the People's 
Republic of China, the Republic of Korea and Taiwan: Amended Final 
Affirmative Antidumping Determination for India and Taiwan, and 
Antidumping Duty Orders, 81 FR 48390 (July 25, 2016) (Amended Final 
Determination and Order).
---------------------------------------------------------------------------

    On January 23, 2018, the Court remanded three aspects of Commerce's 
findings, in Prosperity Tieh I.\2\ First, the Court held that 
Commerce's determination to deny Yieh Phui's and Synn Industrial Co., 
Ltd.'s post-sale rebate adjustments ``violated its own regulations,'' 
and remanded to Commerce to ``correct this error.'' \3\ Second, the 
Court remanded Commerce's determination to collapse Prosperity, Yieh 
Phui, and Synn pursuant to its analysis under 19 CFR 351.401(f), 
because ``the collapsing decision was based on erroneous findings of 
fact.'' \4\ Third, the Court remanded Commerce's application of partial 
adverse facts available to Prosperity based on Commerce's finding that 
Prosperity misclassified certain of its products in reporting sales in 
the databases by placing these products in the wrong yield strength 
category.\5\ The Court held that, in reporting its yield strength, 
``Prosperity complied with the instructions as Commerce wrote them.'' 
\6\ The Court ruled that ``Commerce may not use facts otherwise 
available as a substitute for information that is now on the 
administrative record of the investigation, but indicated that ``the 
type of corrective action is a matter for Commerce to decide'' as to 
this remanded issue.\7\
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    \2\ See Prosperity Tieh Enterprise Co., Ltd. et al. v. United 
States, Consol. Court No. 16-00138; Slip Op. 18-5, at 2, 31-32 (CIT 
January 23, 2018) (Prosperity Tieh I).
    \3\ Id. at 6-15.
    \4\ Id. at 15-20.
    \5\ Id. at 20-31.
    \6\ Id. at 28.
    \7\ Id. at 30-31.
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    In its Final Results Redetermination, Commerce: (1) Granted, under 
protest, downward price adjustments to the home market sales price 
equal to the amount of Yieh Phui's post-sale rebates granted to the 
company's home market customers; (2) continued to treat Prosperity, 
Yieh Phui, and Synn as a single-entity consistent with 19 CFR 
351.401(f); and (3) revised, under protest, the Yieh Phui/Prosperity/
Synn entity's weighted-average dumping margin by using Prosperity's 
reported yield strength data.\8\ After accounting for all such changes 
and issues in the Final Results Redetermination, the resulting 
antidumping margin for the Yieh Phui/Prosperity/Synn entity is 3.66 
percent.\9\ On December 20, 2018, the Court sustained the Final Results 
Redetermination, in Prosperity II.\10\
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    \8\ See Final Results of Redetermination Pursuant to Prosperity 
Tieh Enterprise Co., Ltd. et al. v. United States, Consol. Court No. 
16-00138; Slip. Op. 18-5, dated May 23, 2018 (Final Results 
Redetermination).
    \9\ Id. at 31.
    \10\ See Prosperity Tieh Enterprise Co., Ltd. et al. v. United 
States, Consol. Court No. 16-00138, Slip. Op. 18-175 (CIT December 
20, 2018) (Prosperity II) (this opinion was made public on February 
11, 2019).
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Timken Notice

    In its decision in Timken,\11\ as clarified by Diamond 
Sawblades,\12\ the Court of Appeals for the Federal Circuit (Federal 
Circuit) held that, pursuant to section 516A of the Tariff Act of 1930, 
as amended (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.\13\ The Court's December 20, 2018, judgment constitutes a 
final decision of the Court that is not in harmony with Commerce's 
Final Determination and Amended Final Determination and Order. As such, 
Commerce has published this notice in fulfillment of the publication 
requirement of Timken.
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    \11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \13\ See sections 516A(c) and (e) of the Act.
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Amended Final Determination and Amended Order

    Because there is now a final court decision, Commerce is amending 
the Final Determination and Amended Final Determination and Order with 
respect to the weighted-average dumping margin for the Yieh Phui/
Prosperity/Synn entity. Furthermore, in the Amended Final Determination 
and Order, and in accordance with section 735(c)(5)(A) of the Act, for 
companies not individually investigated, we applied an ``all-others'' 
rate of 10.34 percent.\14\ This rate was determined based on assigning 
the Yieh Phui/Prosperity/Synn entity's rate as the all-others rate.\15\ 
As noted above, the Yieh Phui/Prosperity/Synn's amended weighted-
average dumping margin is now 3.66 percent. Therefore, for purposes of 
this amended Final Determination, Commerce will instruct CBP that the 
all-others rate is to be amended to 3.66 percent.\16\ Accordingly, the 
revised weighted-average dumping margin for the collapsed Yieh Phui/
Prosperity/Synn entity and for all-others is as follows:
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    \14\ See Amended Final Determination and Order, 81 FR at 48391; 
Final Determination, 81 FR at 35314.
    \15\ See Final Determination, 81 FR at 35314.
    \16\ See United States Steel Corp. v. United States, Slip Op. 
18-139, at 8 (CIT October 17, 2018).

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Producer                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd., Yieh Phui Enterprise          3.66
 Co., Ltd., and Synn Industrial Co., Ltd....................
All-Others..................................................        3.66
------------------------------------------------------------------------

Cash Deposit Requirements

    Since the Final Determination, Commerce has established a new cash 
deposit rate for Prosperity and Yieh Phui/Synn.\17\ Therefore, this 
amended final determination does not change the

[[Page 6131]]

later-established cash deposit rates for those producers and/or 
exporters. For all-other producers and/or exporters, except for 
companies that subsequently received their own rates in the first 
administrative review,\18\ Commerce will issue revised cash deposit 
instructions to U.S. Customs and Border Protection, adjusting the cash 
deposit rate for all-other producers and/or exporters to 3.66 percent, 
effective December 30, 2018.
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    \17\ See Certain Corrosion-Resistant Steel Products from Taiwan: 
Final Results of Antidumping Administrative Review; 2016-2017, 83 FR 
64527 (December 17, 2018) (First Administrative Review Final 
Results). As a result of this administrative review, Commerce 
continued to treat Yieh Phui and Synn as a single entity and 
determined that Prosperity should no longer be collapsed with Yieh 
Phui and Synn.
    \18\ Id., at 64528.
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    Lastly, we note that, at this time, Commerce remains enjoined by 
Court order from liquidating entries that were produced and/or exported 
by Prosperity and imported by Prosperity Tieh USA, that were the 
subject of the  First Administrative Review Final Results, and that 
were entered, or withdrawn from warehouse, on or after June 2, 2016, up 
to and including June 30, 2017. These entries will remain enjoined 
pursuant to the terms of the injunction during the pendency of any 
appeals process.

Notification to Interested Parties

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

    Dated: February 19, 2019.
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. 2019-03240 Filed 2-25-19; 8:45 am]
 BILLING CODE 3510-DS-P