Certain Oil Country Tubular Goods from the Republic of Korea: Notice of Court Decision Not in Harmony With the Final Results in the Antidumping Duty Administrative Review and Notice of Amended Final Results, 71052 [2020-24628]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Page 71052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24628]



[[Page 71052]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]


Certain Oil Country Tubular Goods from the Republic of Korea: 
Notice of Court Decision Not in Harmony With the Final Results in the 
Antidumping Duty Administrative Review and Notice of Amended Final 
Results

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

SUMMARY: On October 16, 2020, the United States Court of International 
Trade (CIT) issued its final judgment in NEXTEEL v. United States, 
Court No. 18-00083, sustaining the Department of Commerce (Commerce)'s 
remand redetermination concerning the final results in the antidumping 
duty (AD) administrative review of certain oil country tubular goods 
(OCTG) from the Republic of Korea (Korea), covering the period of 
review (POR) September 1, 2015 through August 31, 2016. Commerce is 
notifying the public that the CIT's final judgment in this case is not 
in harmony with Commerce's final results in the administrative review 
of OCTG from Korea. Pursuant to the CIT's final judgment, Commerce is 
amending the weighted-average dumping margin calculated for SeAH Steel 
Corporation (SeAH), NEXTEEL Co., Ltd. (NEXTEEL), and non-examined 
companies.

DATES: Applicable November 6, 2020.

FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, 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) 482-1979.

SUPPLEMENTARY INFORMATION:

Background

    On April 18, 2018, Commerce published the Final Results.\1\ NEXTEEL 
and SeAH challenged the Final Results before the CIT. On June 17, 2019, 
the CIT remanded Commerce's determination, instructing Commerce to 
reconsider: (1) The application of adverse facts available (AFA) to 
NEXTEEL; the finding of a particular market situation (PMS); (2) the 
classification of proprietary SeAH grades; and (3) the deduction of 
general and administrative (G&A) expenses as U.S. selling expenses.\2\ 
Commerce issued a redetermination on remand, reversing its application 
of AFA, and providing further explanation of its finding of a PMS, the 
classification of SeAH's proprietary grade products, and the deduction 
of G&A expenses.\3\ On May 18, 2020, the CIT remanded Commerce's 
determination of a PMS, finding that the determination was unsupported 
by record evidence.\4\ Commerce issued a second redetermination on 
remand, and, under protest, reversed its determination of a PMS and 
recalculated the margins of the mandatory respondents and non-examined 
companies.\5\ On October 16, 2020, the CIT sustained the Remand 
Results.\6\
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    \1\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2015-2016, 83 FR 17146 (April 
18, 2018), and accompanying Issues and Decision Memorandum (IDM) 
(Final Results).
    \2\ See Nexteel Co., Ltd. v. United States, Consolidated Court 
No. 18-00083, Slip. Op. 19-73 (June 17, 2019).
    \3\ See Final Results of Redetermination Pursuant to Court 
Remand Oil Country Tubular Goods from the Republic of Korea Nexteel 
Co. v. United States Consolidated Court No. 18-00083, Slip. Op. 19-
73 (CIT June 17, 2019), dated November 5, 2019.
    \4\ See Nexteel Co. v. United States, Consolidated Court No. 18-
00083, Slip Op. 20-69 (May 18, 2020).
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand Oil Country Tubular Goods from the Republic of Korea Nexteel 
Co. v. United States, Consolidated Court No. 18-00083, Slip Op. 20-
69 (CIT May 18, 2020), dated August 3, 2020 (Remand Results).
    \6\ See NEXTEEL v. United States, Consolidated Court No. 18-
00083, Slip Op. 20-145 (CIT October 16, 2020), at 4.
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant 
to section 516A(c) and (e) 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 determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's October 16, 2020 judgment in this case constitutes a final 
decision of the court that is not in harmony with Commerce's Final 
Results. This notice is published in fulfillment of the publication 
requirements of Timken.
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    \7\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision, Commerce is amending 
its Final Results. Commerce finds that the revised weighted-average 
dumping margins are 3.40 percent for SeAH, 18.29 percent for NEXTEEL, 
and 10.85 percent for the non-examined companies.

Cash Deposit Requirements

    The cash deposit rates calculated in the 2015-2016 administrative 
review for SeAH, NEXTEEL, and the non-examined companies subject to 
this litigation have been superseded by cash deposit rates calculated 
in subsequent administrative reviews of the AD order on OCTG from 
Korea.\9\ Thus, we are not implementing the amended cash deposit rates 
for these companies.
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    \9\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review; 
2016-2017, 84 FR 24085 (May 24, 2019).
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Liquidation of Suspended Entries

    If the CIT's final judgment is not appealed, or if it is appealed 
and upheld, Commerce will instruct CBP to terminate the suspension of 
liquidation, and to liquidate and to assess duties at the margins shown 
above for unliquidated entries made during the POR that were produced 
and exported by SeAH and NEXTEEL. Consistent with Commerce's assessment 
practice, for entries of subject merchandise during the POR produced by 
SeAH and NEXTEEL for which they did not know that the merchandise was 
destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.\10\
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    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Finally, during the pendency of litigation, including any appeal, 
Commerce remains enjoined by Court order from liquidating entries that: 
(1) Were the subject of the administrative determination published in 
the Final Results; \11\ (2) were produced and/or exported by any of the 
following: SeAH and NEXTEEL; (3) were entered, or were withdrawn from 
warehouse, for consumption on or after September 1, 2015 through August 
31, 2016; and (4) remain unliquidated as of 5:00 p.m. Eastern Time on 
April 19, 2018 for NEXTEEL and June 19, 2018 for SeAH.
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    \11\ See Final Results.

    Dated: October 27, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-24628 Filed 11-5-20; 8:45 am]
BILLING CODE 3510-DS-P