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]

Download as PDF 3118 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. VerDate Sep<11>2014 20:43 Jan 13, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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). E:\FR\FM\14JAN1.SGM 14JAN1 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). khammond on DSKJM1Z7X2PROD with NOTICES 4 See VerDate Sep<11>2014 20:43 Jan 13, 2021 Jkt 253001 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 14JAN1 3120 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 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 [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 14JAN1

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]


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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

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\
---------------------------------------------------------------------------

    \13\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    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