Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria: Notice of Court Decision Not in Harmony With Final Determination in Less Than Fair Value Investigation and Notice of Amended Final Determination and Order Pursuant to Court Decision, 7344-7345 [2019-03822]
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7344
Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices
fabricated structural steel does not remove
the fabricated structural steel from the scope.
Fabricated structural steel is covered by the
scope of the investigations regardless of
whether it is painted, varnished, or coated
with plastics or other metallic or nonmetallic substances and regardless of
whether it is assembled or partially
assembled, such as into modules,
modularized construction units, or subassemblies of fabricated structural steel.
Subject merchandise includes fabricated
structural steel that has been assembled or
further processed in the subject country or a
third country, including but not limited to
painting, varnishing, trimming, cutting,
drilling, welding, joining, bolting, punching,
bending, beveling, riveting, galvanizing,
coating, and/or slitting or any other
processing that would not otherwise remove
the merchandise from the scope of the
investigations if performed in the country of
manufacture of the fabricated structural steel.
Specifically excluded from the scope of
these investigations are:
1. Fabricated steel concrete reinforcing bar
(rebar) if: (i) It is a unitary piece of fabricated
rebar, not joined, welded, or otherwise
connected with any other steel product or
part; or (ii) it is joined, welded, or otherwise
connected only to other rebar.
2. Fabricated structural steel for bridges
and bridge sections that meets American
Association of State and Highway and
Transportation Officials (AASHTO) bridge
construction requirements or any state or
local derivatives of the AASHTO bridge
construction requirements.
3. Pre-engineered metal building systems,
which are defined as complete metal
buildings that integrate steel framing, roofing
and walls to form one, pre-engineered
building system, that meet Metal Building
Manufacturers Association guide
specifications. Pre-engineered metal building
systems are typically limited in height to no
more than 60 feet or two stories.
4. Steel roof and floor decking systems that
meet Steel Deck Institute standards.
5. Open web steel bar joists and joist
girders that meet Steel Joist Institute
specifications.
The products subject to the investigations
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under subheadings: 7308.90.3000,
7308.90.6000, and 7308.90.9590.
The products subject to the investigations
may also enter under the following HTSUS
subheadings: 7216.91.0010, 7216.91.0090,
7216.99.0010, 7216.99.0090, 7222.40.6000,
7228.70.6000, 7301.10.0000, 7301.20.1000,
7301.20.5000, 7308.40.0000, 7308.90.9530,
and 9406.90.0030.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigations is dispositive.
[FR Doc. 2019–03819 Filed 3–1–19; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–433–812]
Certain Carbon and Alloy Steel Cut-toLength Plate From Austria: Notice of
Court Decision Not in Harmony With
Final Determination in Less Than Fair
Value Investigation and Notice of
Amended Final Determination and
Order Pursuant to Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 12, 2019, the
United States Court of International
Trade (CIT or the Court) sustained the
final results of redetermination
pertaining to the less-than-fair-value
(LTFV) investigation of certain carbon
and alloy steel cut-to-length plate (CTL
plate) from Austria for the period of
investigation from April 1, 2015,
through March 31, 2016. The
Department of Commerce (Commerce) is
notifying the public that the final
judgment in this case is not in harmony
with the Final Determination and Order
of the investigation and that Commerce
is amending the Final Determination
and Order with respect to the cash
deposit rate assigned to voestalpine
Grobblech GmbH, voestalpine Steel
Service Center GmbH, Bohler Edelstahl
GmbH & Co KG, Bohler Bleche GmbH &
Co KG, and Bohler International GmbH,
(collectively, voestalpine) and the allothers rate.
DATES: Applicable February 22, 2019.
FOR FURTHER INFORMATION CONTACT:
Madeline Heeren, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–9179.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 4, 2017, Commerce
published its affirmative Final
Determination of sales at less than fair
value, in which it determined a
weighted-average dumping margin of
53.72 percent for voestalpine.1 The
1 In accordance with section 771(33)(F) of the Act,
we determined that the following companies were
affiliated and should be treated as a single entity for
purposes of the investigation: voestalpine
Grobblech, voestalpine Steel Service Center GmbH,
Bohler Edelstahl GmbH & Co KG, Bohler Bleche
GmbH & Co KG, and Bohler International GmbH.
See Certain Carbon and Alloy Steel Cut-To-Length
Plate from Austria: Final Determination of Sales at
Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, 82 FR
16366, 16367 (April 4, 2017) (Final Determination)
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Sfmt 4703
antidumping duty order was published
on May 25, 2017.2 The Final
Determination was appealed to the CIT
by voestalpine, and on July 9, 2018, the
CIT sustained, in part, and remanded, in
part, Commerce’s Final Determination.3
Specifically, the Court remanded the
Final Determination directing
Commerce to design a model-match
methodology that accounts for
commercially significant physical
differences among products due to alloy
content and to recalculate dumping
margins in accordance with the revised
model-match methodology.4 On October
9, 2018, Commerce issued its final
results of redetermination pursuant to
remand in accordance with the CIT’s
order.5 On remand, Commerce, under
respectful protest,6 used the alternative
model-match methodology voestalpine
proposed during the investigation to
account for all commercially significant
physical differences, including alloy
content, and recalculated voestalpine’s
weighted-average dumping margin and
the all-others rate using the revised
model-match methodology.7 On
February 12, 2019, the CIT sustained
Commerce’s Remand Redetermination.8
Therefore, the effective date of this
notice is February 22, 2019.
Timken Notice
In its decision in Timken,9 as clarified
by Diamond Sawblades,10 the United
States Court of Appeals for the Federal
Circuit (CAFC) held that, pursuant to
section 516A of the Tariff Act of 1930,
as amended (the Act), Commerce must
publish a notice of a court decision that
is not ‘‘in harmony’’ with a Commerce
and accompanying Issues and Decision
Memorandum (IDM).
2 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096 (May 25, 2017) (Order).
3 See Bohler Bleche GmbH & Co. KG, et al., v.
United States, 324 F. Supp. 3d 1344 (CIT July 9,
2018) (Bohler)
4 Id. at 1354–1355.
5 See Final Results of Redetermination Pursuant
to Court Order Bohler Bleche GmbH & Co. KG, v.
United States, Court No. 17–00163, Slip Op. 18–86
(CIT July 9, 2018), dated October 9, 2018 (Remand
Redetermination), available at https://
enforcement.trade.gov/remands/.
6 See Viraj Grp., Ltd. v. United States, 343 F.3d
1371, 1376 (Fed. Cir. 2003).
7 See Remand Redetermination.
8 See Bohler Bleche GmbH & Co. KG, et al., v.
United States, Court No. 17–00163, Slip Op. 19–19
(CIT February 12, 2019).
9 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
10 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
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Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision.11 The
CIT’s February 12, 2019 judgment
sustaining Commerce’s Remand
Redetermination constitutes a final
decision of the Court that is not in
harmony with Commerce’s Final
Determination and Order. This notice is
published in fulfillment of the
publication requirements of Timken and
section 516A of the Act.
Amended Final Determination and
Amended Order
Because there is now a final court
decision, Commerce is amending the
Final Determination and Order with
respect to the margin assigned to
voestalpine and all other producers and
exporters. The revised weight-averaged
dumping margin for voestalpine and the
all-others rate for the period April 1,
2015, through March 31, 2016, are as
follows:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
Bohler Bleche GmbH & Co KG .............
Bohler Edelstahl GmbH & Co KG
Bohler International GmbH
voestalpine Grobblech GmbH
voestalpine Steel Service Center
GmbH
All-Others ..............................................
28.57
Because voestalpine does not have a
superseding cash deposit rate, i.e., there
have been no final results published in
subsequent administrative reviews for
voestalpine, Commerce will instruct
U.S. Customs and Border Protection
(CBP) to collect the revised cash deposit
rates listed above for voestalpine and
companies covered by the all-others
rate, effective February 22, 2019.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c)(1) and
(e), 735(c)(1)(B), and 777(i)(1) of the Act.
Dated: February 26, 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.
BILLING CODE 3510–DS–P
11 See
Sections 516A(c) and (e) of the Act.
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International Trade Administration
[A–485–805]
Carbon and Alloy Seamless Standard,
Line and Pressure Pipe (Under 4.5
Inches) From Romania: Partial
Rescission of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review, in part, of the
antidumping duty order on carbon and
alloy seamless standard, line and
pressure pipe (under 4.5 inches) (small
diameter seamless pipe) from Romania
for the period August 1, 2017 through
July 31, 2018.
DATES: Applicable March 4, 2019.
FOR FURTHER INFORMATION CONTACT:
Katherine Johnson or Samantha Kinney,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4929 or
202–482–2285 respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
28.57
Cash Deposit Requirements
[FR Doc. 2019–03822 Filed 3–1–19; 8:45 am]
DEPARTMENT OF COMMERCE
On October 4, 2018, based on a timely
request for review of four companies by
United States Steel Corporation (the
petitioner),1 Commerce published in the
Federal Register a notice of initiation of
an administrative review of the
antidumping duty order on small
diameter seamless pipe from Romania
covering the period August 1, 2017,
through July 31, 2018.2
On February 13, 2019, the petitioner
withdrew its request for administrative
review of SC TMK-Artrom S.A. (TMKArtrom).3 No other interested parties
requested an administrative review of
this company.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
1 See Petitioner’s Letter, ‘‘Carbon and Alloy
Seamless Standard Line, and Pressure Pipe (Under
4.5 Inches) from Romania: Request for
Administrative Review of Antidumping Duty
Order,’’ dated August 30, 2018.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
50077 (October 4, 2018) (Initiation Notice).
3 See Petitioner’s Letter, ‘‘Carbon and Alloy
Seamless Standard Line, and Pressure Pipe (Under
4.5 Inches) from Romania: Partial Withdrawal of
Request for Administrative Review of Antidumping
Duty Order,’’ dated February 13, 2019.
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7345
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication of the notice of
initiation of the requested review.
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 29,
2019.4 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. In this
case, the original deadline for parties to
withdraw requests for administrative
review of January 2, 2019, was extended
prior to the partial Federal Government
closure to January 9, 2019.5 Therefore,
the revised deadline to withdraw a
review request was February 19, 2019.
Because the petitioner’s request for
administrative review of TMK-Artrom
was withdrawn within 90 days of the
date of publication of the Initiation
Notice (as extended and tolled, per the
discussion above), and no other
interested party requested a review of
this company, Commerce is rescinding
this review with respect to TMKArtrom, in accordance with 19 CFR
351.213(d)(1). The administrative
review remains active with respect to all
other companies initiated for review,
i.e., ArcelorMittal Tubular Products
Roman S.A.; SC Tubinox S.A.; and
Silcotub S.A.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period August
1, 2017, through July 31, 2018, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice in the Federal
Register, if appropriate.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
4 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.
5 See Commerce Letter re: Request for Extension,
dated December 21, 2018.
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Agencies
[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Notices]
[Pages 7344-7345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03822]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-812]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria:
Notice of Court Decision Not in Harmony With Final Determination in
Less Than Fair Value Investigation and Notice of Amended Final
Determination and Order Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 12, 2019, the United States Court of International
Trade (CIT or the Court) sustained the final results of redetermination
pertaining to the less-than-fair-value (LTFV) investigation of certain
carbon and alloy steel cut-to-length plate (CTL plate) from Austria for
the period of investigation from April 1, 2015, through March 31, 2016.
The Department of Commerce (Commerce) is notifying the public that the
final judgment in this case is not in harmony with the Final
Determination and Order of the investigation and that Commerce is
amending the Final Determination and Order with respect to the cash
deposit rate assigned to voestalpine Grobblech GmbH, voestalpine Steel
Service Center GmbH, Bohler Edelstahl GmbH & Co KG, Bohler Bleche GmbH
& Co KG, and Bohler International GmbH, (collectively, voestalpine) and
the all-others rate.
DATES: Applicable February 22, 2019.
FOR FURTHER INFORMATION CONTACT: Madeline Heeren, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-9179.
SUPPLEMENTARY INFORMATION:
Background
On April 4, 2017, Commerce published its affirmative Final
Determination of sales at less than fair value, in which it determined
a weighted-average dumping margin of 53.72 percent for voestalpine.\1\
The antidumping duty order was published on May 25, 2017.\2\ The Final
Determination was appealed to the CIT by voestalpine, and on July 9,
2018, the CIT sustained, in part, and remanded, in part, Commerce's
Final Determination.\3\ Specifically, the Court remanded the Final
Determination directing Commerce to design a model-match methodology
that accounts for commercially significant physical differences among
products due to alloy content and to recalculate dumping margins in
accordance with the revised model-match methodology.\4\ On October 9,
2018, Commerce issued its final results of redetermination pursuant to
remand in accordance with the CIT's order.\5\ On remand, Commerce,
under respectful protest,\6\ used the alternative model-match
methodology voestalpine proposed during the investigation to account
for all commercially significant physical differences, including alloy
content, and recalculated voestalpine's weighted-average dumping margin
and the all-others rate using the revised model-match methodology.\7\
On February 12, 2019, the CIT sustained Commerce's Remand
Redetermination.\8\ Therefore, the effective date of this notice is
February 22, 2019.
---------------------------------------------------------------------------
\1\ In accordance with section 771(33)(F) of the Act, we
determined that the following companies were affiliated and should
be treated as a single entity for purposes of the investigation:
voestalpine Grobblech, voestalpine Steel Service Center GmbH, Bohler
Edelstahl GmbH & Co KG, Bohler Bleche GmbH & Co KG, and Bohler
International GmbH. See Certain Carbon and Alloy Steel Cut-To-Length
Plate from Austria: Final Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances,
82 FR 16366, 16367 (April 4, 2017) (Final Determination) and
accompanying Issues and Decision Memorandum (IDM).
\2\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096 (May 25, 2017) (Order).
\3\ See Bohler Bleche GmbH & Co. KG, et al., v. United States,
324 F. Supp. 3d 1344 (CIT July 9, 2018) (Bohler)
\4\ Id. at 1354-1355.
\5\ See Final Results of Redetermination Pursuant to Court Order
Bohler Bleche GmbH & Co. KG, v. United States, Court No. 17-00163,
Slip Op. 18-86 (CIT July 9, 2018), dated October 9, 2018 (Remand
Redetermination), available at https://enforcement.trade.gov/remands/.
\6\ See Viraj Grp., Ltd. v. United States, 343 F.3d 1371, 1376
(Fed. Cir. 2003).
\7\ See Remand Redetermination.
\8\ See Bohler Bleche GmbH & Co. KG, et al., v. United States,
Court No. 17-00163, Slip Op. 19-19 (CIT February 12, 2019).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ the United States Court of Appeals for the Federal
Circuit (CAFC) held that, pursuant to section 516A of the Tariff Act of
1930, as amended (the Act), Commerce must publish a notice of a court
decision that is not ``in harmony'' with a Commerce
[[Page 7345]]
determination and must suspend liquidation of entries pending a
``conclusive'' court decision.\11\ The CIT's February 12, 2019 judgment
sustaining Commerce's Remand Redetermination constitutes a final
decision of the Court that is not in harmony with Commerce's Final
Determination and Order. This notice is published in fulfillment of the
publication requirements of Timken and section 516A of the Act.
---------------------------------------------------------------------------
\9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
\11\ 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 Order with respect to the margin assigned
to voestalpine and all other producers and exporters. The revised
weight-averaged dumping margin for voestalpine and the all-others rate
for the period April 1, 2015, through March 31, 2016, are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Bohler Bleche GmbH & Co KG.................................. 28.57
Bohler Edelstahl GmbH & Co KG
Bohler International GmbH...................................
voestalpine Grobblech GmbH..................................
voestalpine Steel Service Center GmbH.......................
All-Others.................................................. 28.57
------------------------------------------------------------------------
Cash Deposit Requirements
Because voestalpine does not have a superseding cash deposit rate,
i.e., there have been no final results published in subsequent
administrative reviews for voestalpine, Commerce will instruct U.S.
Customs and Border Protection (CBP) to collect the revised cash deposit
rates listed above for voestalpine and companies covered by the all-
others rate, effective February 22, 2019.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c)(1) and (e), 735(c)(1)(B), and 777(i)(1) of the Act.
Dated: February 26, 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. 2019-03822 Filed 3-1-19; 8:45 am]
BILLING CODE 3510-DS-P