Welded Line Pipe From the Republic of Korea: Notice of Court Decision Not in Harmony With the Amended Final Results in the Antidumping Duty Administrative Review and Notice of Amended Final Results, 3118-3120 [2021-00723]
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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Notices
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before March 15, 2021.
ADDRESSES: Interested persons are
invited to submit comments by email to
Mark Crace, IC Liaison, Bureau of
Industry and Security, at mark.crace@
bis.doc.gov or to PRAcomments@
doc.gov. Please reference OMB Control
Number 0694–0100 in the subject line of
your comments. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Mark
Crace, IC Liaison, Bureau of Industry
and Security, phone 202–482–8093 or
by email at mark.crace@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
I. Abstract
The Technical Advisory Committees
(TACs) were established to advise and
assist the U.S. Government on export
control matters. In managing the
operations of the TACs, the Department
of Commerce is responsible for
implementing the policies and
procedures prescribed in the Federal
Advisory Committee Act. The Bureau of
Industry and Security provides
technical and administrative support for
the TACs, such as scheduling a
conference room, publishing TAC
meeting notices in the Federal Register,
circulating an agenda, copying
documents, etc. The TACs advise the
government on proposed revisions to
export control lists, licensing
procedures, assessments of the foreign
availability of controlled products, and
export control regulations.
II. Method of Collection
Supplement No. 2 to Part 730 of the
Export Administration Regulations,
states that any producers of articles,
materials, or supplies, including
technology, software, and other
information, that are subject to export
controls, or are being considered for
such controls because of their
significance to the national security of
the United States, may request (via a
letter or an attachment to an email) the
Secretary of Commerce to establish a
technical advisory committee. Such
requests are sent to the Assistant
Secretary of Export Administration.
Form Number(s): None.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents: 1.
Estimated Time per Response: 5
hours.
Estimated Total Annual Burden
Hours: 5.
Estimated Total Annual Cost to
Public: 0.
Respondent’s Obligation: Voluntary.
Legal Authority: Section 4812(b)(7)
and 4814(b)(1)(B) of the Export Control
Reform Act (ECRA).
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–00596 Filed 1–13–21; 8:45 am]
BILLING CODE 3510–33–P
III. Data
OMB Control Number: 0694–0100.
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–876]
Welded Line Pipe From the Republic of
Korea: Notice of Court Decision Not in
Harmony With the Amended Final
Results in the Antidumping Duty
Administrative Review and Notice of
Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 4, 2021, the U.S.
Court of International Trade (CIT)
sustained the Department of
Commerce’s (Commerce’s) second
remand results pertaining to the first
administrative review of the
antidumping duty order on welded line
pipe (WLP) from the Republic of Korea
(Korea) covering the period of review
(POR) of May 22, 2015 through
November 30, 2016. Commerce is
notifying the public that the CIT’s final
judgment in this case is not in harmony
with Commerce’s amended final results
in the first administrative review of
WLP from Korea. Consistent with the
CIT’s final judgment, Commerce is
amending the weighted-average
dumping margins calculated for
Hyundai Steel Company/Hyundai
HYSCO (Hyundai Steel), SeAH Steel
Corporation (SeAH), and the 22 nonselected companies
DATES: Applicable January 14, 2021.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Joshua Tucker, AD/
CVD Operations Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4136 and (202) 482–2044,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2018, Commerce
published its Final Results in the first
administrative review of WLP from
Korea.1 Subsequently, on August 10,
2018, Commerce published its
Amended Final Results.2 As reflected in
the Amended Final Results, Commerce
calculated weighted-average dumping
margins of 18.77 percent for Hyundai
1 See Welded Line Pipe from the Republic of
Korea: Final Results of Antidumping Duty
Administrative Review; 2015–2016, 83 FR 33919
(July 18, 2018) (Final Results).
2 See Welded Line Pipe from the Republic of
Korea: Amended Final Results of Antidumping
Duty Administrative Review; 2015–2016, 83 FR
39682 (August 10, 2018) (Amended Final Results).
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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Notices
Steel, 14.39 percent for SeAH, and 16.58
percent for the 22 companies receiving
the review-specific average rate.3
Hyundai Steel, SeAH, NEXTEEL Co.,
Ltd. (NEXTEEL), and Husteel Co., Ltd.
appealed Commerce’s Final Results, as
amended by the Amended Final Results,
to the CIT. On January 3, 2020, the CIT
remanded for Commerce to explain or
reconsider its: (1) Rejection of SeAH’s
third country sales to calculate normal
value (NV); (2) finding of a particular
market situation (PMS) in the Korean
market for the hot-rolled coil input; and
(3) PMS adjustment to the respondents’
cost of production (COP) for the
purposes of the sales-below-cost test.4
On April 1, 2020, Commerce issued the
First Remand Results, in which, under
protest, it: (1) Relied on SeAH’s thirdcountry sales to calculate NV; (2)
determined that there is no PMS that
distorts the COP of WLP; and (3)
recalculated the weighted-average
dumping margins for Hyundai Steel and
SeAH without the PMS adjustment to
the COP for the sales-below-cost test.5
As a result, Commerce calculated
revised weighted-average dumping
margins for Hyundai Steel and SeAH of
9.24 percent and 4.70 percent,
respectively. In addition, as a result of
Commerce’s recalculation of the
weighted-average dumping margins for
the mandatory respondents, Commerce
revised the review-specific average rate
applied to the non-selected respondents
to 6.97 percent.
The CIT sustained Commerce’s First
Remand Results with respect to these
issues.6 In addition, the CIT granted
Commerce’s request for a remand to
consider whether to apply a constructed
export price (CEP) offset to SeAH’s
Canadian sales.7 On September 16,
2020, Commerce issued its Second
Remand Results, in which it: (1)
Granted SeAH a CEP offset; (2)
calculated a revised weighted-average
dumping margin for SeAH of 4.23
percent; and (3) and revised the reviewspecific average rate applied to the nonselected respondents to 6.74 percent.8
On January 4, 2021, the CIT sustained
Commerce’s Second Remand Results.
3 Id.,
83 FR at 39682–83.
Husteel Co., Ltd. et al. v. United States, 426
F. Supp. 3d 1376 (CIT 2020).
5 See Final Results of Redetermination Pursuant
to Court Remand, Consol. Court No. 18–00169,
dated April 1, 2020 (First Remand Results), at 1–
2.
6 See Husteel Co., Ltd. et al. v. United States, 463
F. Supp. 3d 1334 (CIT 2020) (Husteel II).
7 See Husteel II, 463 F. Supp. 3d at 1343–1344.
8 See Final Results of Redetermination Pursuant
to Second Court Remand, Consol. Court No. 18–
00169, dated September 16, 2020 (Second Remand
Results).
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4 See
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Timken Notice
In its decision in Timken,9 as clarified
by Diamond Sawblades,10 the Court of
Appeals for the Federal Circuit 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.11 The
CIT’s January 4, 2021 judgment in this
case constitutes a final decision of that
court that is not in harmony with
Commerce’s Final Results, as amended
by the Amended Final Results. This
notice is published in fulfillment of the
publication requirements of Timken and
section 516A of the Act.
Amended Final Results
Because there is now a final court
decision, Commerce is amending its
Amended Final Results with respect to
the weighted-average dumping margins
for Hyundai Steel, SeAH, and the nonselected respondents.12 The revised
weighted-average dumping margins are
as follows:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Hyundai Steel Company/
Hyundai HYSCO ...............
SeAH Steel Corporation .......
AJU BESTEEL CO., Ltd .......
Daewoo International Corporation .............................
Dong Yang Steel Pipe ..........
Dongbu Incheon Steel Co ....
Dongbu Steel Co., Ltd ..........
Dongkuk Steel Mill ................
EEW Korea Co, Ltd ..............
HISTEEL Co., Ltd .................
Husteel Co., Ltd ....................
Keonwood Metals Co., Ltd ...
Kolon Global Corp ................
Korea Cast Iron Pipe Ind.
Co., Ltd .............................
Miju Steel MFG Co., Ltd .......
9.24
4.23
6.74
6.74
6.74
6.74
6.74
6.74
6.74
6.74
6.74
6.74
6.74
6.74
6.74
9 See Timken Co. v. United States, 893 F.2d 337,
341 (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.
12 The review-specific average rate is based on the
simple average margin for those companies selected
for individual review. Because we cannot apply our
normal methodology of calculating a weightedaverage margin due to requests to protect business
proprietary information, we find this rate to be the
best proxy of the actual weighted-average margin
determined for the mandatory respondents. See Ball
Bearings and Parts Thereof from France, et al.:
Final Results of Antidumping Duty Administrative
Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR
53661, 53663 (September 1, 2010).
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Exporter/producer
MSTEEL Co., Ltd .................
NEXTEEL Co., Ltd ...............
Poongsan Valinox (Valtimet
Division) ............................
POSCO .................................
Sam Kang M&T Co., Ltd ......
Sin Sung Metal Co., Ltd .......
Soon-Hong Trading Company ..................................
Steel Flower Co., Ltd ............
TGS Pipe ..............................
3119
Weightedaverage
dumping
margin
(percent)
6.74
6.74
6.74
6.74
6.74
6.74
6.74
6.74
6.74
Cash Deposit Requirements
Because there have been subsequent
administrative reviews involving
Hyundai Steel, SeAH, and the nonselected respondents covered by the
review-specific average rate, the cash
deposit rates for these exporters will
remain the rate established in the most
recently-completed administrative
review in which they received a cash
deposit rate.
Liquidation of Suspended Entries
In the event that the CIT’s final
judgment is not appealed or, if
appealed, is upheld by a final and
conclusive court decision, Commerce
will instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties on unliquidated entries of subject
merchandise based on the importerspecific assessment rates recalculated
for: (1) Hyundai Steel in the First
Remand Results; and (2) SeAH and the
non-selected respondents covered by
the review-specific average rate (subject
to this litigation) in the Second Remand
Results.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Hyundai Steel or SeAH 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.13
Finally, during the pendency of
litigation, including any appeal,
Commerce remains enjoined by Court
order from liquidating entries: (1)
Produced and/or exported by Hyundai
Steel, SeAH, NEXTEEL, or Husteel; (2)
the subject of Final Results, as amended
by the Amended Final Results; (2)
entered, or were withdrawn from
13 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\14JAN1.SGM
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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Notices
warehouse, for consumption on or after
May 22, 2015, up to and including
November 30, 2016; and (3) remain
unliquidated as of the date the Court
issued the applicable statutory
injunction.
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: January 8, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2021–00723 Filed 1–13–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Organization of Scientific
Area Committees for Forensic Science
(OSAC) Membership Application
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before March 15, 2021.
ADDRESSES: Interested persons are
invited to submit written comments by
mail to Maureen O’Reilly, Management
Analyst, NIST, at PRAcomments@
doc.gov. Please reference OMB Control
Number 0693–0070 in the subject line of
your comments. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to John
VerDate Sep<11>2014
20:43 Jan 13, 2021
Jkt 253001
Paul Jones II, Program Manager, Office
of Special Programs, NIST, 301–975–
2782; john.jones@nist.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
NIST established the Organization of
Scientific Area Committees for Forensic
Science (OSAC) to enable a coordinated
U.S. approach to standards for the
forensic science disciplines. NIST seeks
broad participation from forensic
science practitioners, researchers,
meteorologists, statisticians,
accreditation bodes, defense, and
prosecution. NIST solicits selfnominations from these communities,
using the OSAC Membership
Application, to identify individuals
interested and qualified to contribute.
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–00583 Filed 1–13–21; 8:45 am]
BILLING CODE 3510–13–P
II. Method of Collection
DEPARTMENT OF COMMERCE
The OSAC Membership Application
may be completed and submitted only
via web-based application.
National Oceanic and Atmospheric
Administration
III. Data
OMB Control Number: 0693–0070.
Form Number(s): None.
Type of Review: Regular submission,
extension of a current information
collection.
Affected Public: Individuals or
households.
Estimated Number of Respondents:
1,000.
Estimated Time per Response: 30
minutes.
Estimated Total Annual Burden
Hours: 500.
Estimated Total Annual Cost to
Public: $0.
Respondent’s Obligation: Voluntary.
Legal Authority:
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
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[RTID 0648–XA748]
North Pacific Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of web conference.
AGENCY:
The North Pacific Fishery
Management Council’s (Council)
Scallop Plan Team will meet February
17, 2021.
DATES: The meeting will be held on
Wednesday, February 17, 2021, from 9
a.m. to 1 p.m., Alaska Time.
ADDRESSES: The meeting will be a web
conference. Join online through the link
at https://meetings.npfmc.org/Meeting/
Details/1846.
Council address: North Pacific
Fishery Management Council, 1007 W
3rd Ave, Anchorage, AK 99501–2252;
telephone: (907) 271–2809. Instructions
for attending the meeting via video
conference are given under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Jim
Armstrong, Council staff; phone; (907)
271–2809; email: james.armstrong@
noaa.gov. For technical support please
contact our admin Council staff, email:
npfmc.admin@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agenda
Wednesday, February 17, 2021
The Council’s Scallop Plan Team will
update the status of the Alaska
weathervane scallop stocks and the
Stock Assessment and Fishery
E:\FR\FM\14JAN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 9 (Thursday, January 14, 2021)]
[Notices]
[Pages 3118-3120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00723]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-876]
Welded Line Pipe From the Republic of Korea: Notice of Court
Decision Not in Harmony With the Amended 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 January 4, 2021, the U.S. Court of International Trade
(CIT) sustained the Department of Commerce's (Commerce's) second remand
results pertaining to the first administrative review of the
antidumping duty order on welded line pipe (WLP) from the Republic of
Korea (Korea) covering the period of review (POR) of May 22, 2015
through November 30, 2016. Commerce is notifying the public that the
CIT's final judgment in this case is not in harmony with Commerce's
amended final results in the first administrative review of WLP from
Korea. Consistent with the CIT's final judgment, Commerce is amending
the weighted-average dumping margins calculated for Hyundai Steel
Company/Hyundai HYSCO (Hyundai Steel), SeAH Steel Corporation (SeAH),
and the 22 non-selected companies
DATES: Applicable January 14, 2021.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Joshua Tucker, AD/
CVD Operations Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4136 and (202)
482-2044, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 18, 2018, Commerce published its Final Results in the first
administrative review of WLP from Korea.\1\ Subsequently, on August 10,
2018, Commerce published its Amended Final Results.\2\ As reflected in
the Amended Final Results, Commerce calculated weighted-average dumping
margins of 18.77 percent for Hyundai
[[Page 3119]]
Steel, 14.39 percent for SeAH, and 16.58 percent for the 22 companies
receiving the review-specific average rate.\3\
---------------------------------------------------------------------------
\1\ See Welded Line Pipe from the Republic of Korea: Final
Results of Antidumping Duty Administrative Review; 2015-2016, 83 FR
33919 (July 18, 2018) (Final Results).
\2\ See Welded Line Pipe from the Republic of Korea: Amended
Final Results of Antidumping Duty Administrative Review; 2015-2016,
83 FR 39682 (August 10, 2018) (Amended Final Results).
\3\ Id., 83 FR at 39682-83.
---------------------------------------------------------------------------
Hyundai Steel, SeAH, NEXTEEL Co., Ltd. (NEXTEEL), and Husteel Co.,
Ltd. appealed Commerce's Final Results, as amended by the Amended Final
Results, to the CIT. On January 3, 2020, the CIT remanded for Commerce
to explain or reconsider its: (1) Rejection of SeAH's third country
sales to calculate normal value (NV); (2) finding of a particular
market situation (PMS) in the Korean market for the hot-rolled coil
input; and (3) PMS adjustment to the respondents' cost of production
(COP) for the purposes of the sales-below-cost test.\4\ On April 1,
2020, Commerce issued the First Remand Results, in which, under
protest, it: (1) Relied on SeAH's third-country sales to calculate NV;
(2) determined that there is no PMS that distorts the COP of WLP; and
(3) recalculated the weighted-average dumping margins for Hyundai Steel
and SeAH without the PMS adjustment to the COP for the sales-below-cost
test.\5\ As a result, Commerce calculated revised weighted-average
dumping margins for Hyundai Steel and SeAH of 9.24 percent and 4.70
percent, respectively. In addition, as a result of Commerce's
recalculation of the weighted-average dumping margins for the mandatory
respondents, Commerce revised the review-specific average rate applied
to the non-selected respondents to 6.97 percent.
---------------------------------------------------------------------------
\4\ See Husteel Co., Ltd. et al. v. United States, 426 F. Supp.
3d 1376 (CIT 2020).
\5\ See Final Results of Redetermination Pursuant to Court
Remand, Consol. Court No. 18-00169, dated April 1, 2020 (First
Remand Results), at 1-2.
---------------------------------------------------------------------------
The CIT sustained Commerce's First Remand Results with respect to
these issues.\6\ In addition, the CIT granted Commerce's request for a
remand to consider whether to apply a constructed export price (CEP)
offset to SeAH's Canadian sales.\7\ On September 16, 2020, Commerce
issued its Second Remand Results, in which it: (1) Granted SeAH a CEP
offset; (2) calculated a revised weighted-average dumping margin for
SeAH of 4.23 percent; and (3) and revised the review-specific average
rate applied to the non-selected respondents to 6.74 percent.\8\ On
January 4, 2021, the CIT sustained Commerce's Second Remand Results.
---------------------------------------------------------------------------
\6\ See Husteel Co., Ltd. et al. v. United States, 463 F. Supp.
3d 1334 (CIT 2020) (Husteel II).
\7\ See Husteel II, 463 F. Supp. 3d at 1343-1344.
\8\ See Final Results of Redetermination Pursuant to Second
Court Remand, Consol. Court No. 18-00169, dated September 16, 2020
(Second Remand Results).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ the Court of Appeals for the Federal Circuit 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.\11\ The CIT's January 4, 2021 judgment in this case
constitutes a final decision of that court that is not in harmony with
Commerce's Final Results, as amended by the Amended Final Results. 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, 341 (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.
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court decision, Commerce is amending
its Amended Final Results with respect to the weighted-average dumping
margins for Hyundai Steel, SeAH, and the non-selected respondents.\12\
The revised weighted-average dumping margins are as follows:
---------------------------------------------------------------------------
\12\ The review-specific average rate is based on the simple
average margin for those companies selected for individual review.
Because we cannot apply our normal methodology of calculating a
weighted-average margin due to requests to protect business
proprietary information, we find this rate to be the best proxy of
the actual weighted-average margin determined for the mandatory
respondents. See Ball Bearings and Parts Thereof from France, et
al.: Final Results of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company/Hyundai HYSCO..................... 9.24
SeAH Steel Corporation.................................. 4.23
AJU BESTEEL CO., Ltd.................................... 6.74
Daewoo International Corporation........................ 6.74
Dong Yang Steel Pipe.................................... 6.74
Dongbu Incheon Steel Co................................. 6.74
Dongbu Steel Co., Ltd................................... 6.74
Dongkuk Steel Mill...................................... 6.74
EEW Korea Co, Ltd....................................... 6.74
HISTEEL Co., Ltd........................................ 6.74
Husteel Co., Ltd........................................ 6.74
Keonwood Metals Co., Ltd................................ 6.74
Kolon Global Corp....................................... 6.74
Korea Cast Iron Pipe Ind. Co., Ltd...................... 6.74
Miju Steel MFG Co., Ltd................................. 6.74
MSTEEL Co., Ltd......................................... 6.74
NEXTEEL Co., Ltd........................................ 6.74
Poongsan Valinox (Valtimet Division).................... 6.74
POSCO................................................... 6.74
Sam Kang M&T Co., Ltd................................... 6.74
Sin Sung Metal Co., Ltd................................. 6.74
Soon-Hong Trading Company............................... 6.74
Steel Flower Co., Ltd................................... 6.74
TGS Pipe................................................ 6.74
------------------------------------------------------------------------
Cash Deposit Requirements
Because there have been subsequent administrative reviews involving
Hyundai Steel, SeAH, and the non-selected respondents covered by the
review-specific average rate, the cash deposit rates for these
exporters will remain the rate established in the most recently-
completed administrative review in which they received a cash deposit
rate.
Liquidation of Suspended Entries
In the event that the CIT's final judgment is not appealed or, if
appealed, is upheld by a final and conclusive court decision, Commerce
will instruct U.S. Customs and Border Protection (CBP) to assess
antidumping duties on unliquidated entries of subject merchandise based
on the importer-specific assessment rates recalculated for: (1) Hyundai
Steel in the First Remand Results; and (2) SeAH and the non-selected
respondents covered by the review-specific average rate (subject to
this litigation) in the Second Remand Results.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Hyundai Steel or SeAH
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.\13\
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\13\ 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: (1)
Produced and/or exported by Hyundai Steel, SeAH, NEXTEEL, or Husteel;
(2) the subject of Final Results, as amended by the Amended Final
Results; (2) entered, or were withdrawn from
[[Page 3120]]
warehouse, for consumption on or after May 22, 2015, up to and
including November 30, 2016; and (3) remain unliquidated as of the date
the Court issued the applicable statutory injunction.
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: January 8, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-00723 Filed 1-13-21; 8:45 am]
BILLING CODE P
