Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Notice of Court Decision Not in Harmony With the Final Results in the Antidumping Duty Administrative Review; Notice of Amended Final Results, 35069-35070 [2021-14048]

Download as PDF Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices without reference to antidumping duties. For entries of subject merchandise during the POR produced by each respondent for which it did not know that its 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.7 Consistent with its recent notice,8 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements khammond on DSKJM1Z7X2PROD with NOTICES The following cash deposit requirements will be effective upon publication in the Federal Register of this notice for all shipments of ripe olives entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rates for the companies subject to this review will be equal to the weighted-average dumping margin established in the final results of the review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the producer has been covered in a prior completed segment of this proceeding, then the cash deposit rate will be the rate established in the completed segment for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 19.98 percent, the all-others rate established in the less-than-fair-value investigation for this proceeding.9 These cash deposit 7 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 8 See Notice of Discontinuation of Policy to Issue Liquidation Instructions After 15 Days in Applicable Antidumping and Countervailing Duty Administrative Proceedings, 86 FR 884 (Jan.15, 2021). 9 See Ripe Olives from Spain: Antidumping Duty Order, 83 FR 37465 (August 1, 2018). VerDate Sep<11>2014 16:45 Jun 30, 2021 Jkt 253001 requirements, when imposed, shall remain in effect until further notice. 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 during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. Notification to Interested Parties We are issuing and publishing these results of administrative review in accordance with sections 751(a) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: June 25, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Agro Sevilla Comment 1: Home-Market Database Comment 2: Constructed Export Price Offset Comment 3: Major-Input Rule Adjustment Angel Camacho Comment 4: Price Comparisons for a Certain Product Control Number Sold in the U.S. Market Comment 5: Cost Adjustment to Ending Inventory Value Comment 6: General and Administrative Expenses Comment 7: Certain Inland Freight Expenses PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 35069 Comment 8: Beginning Dates in Programs DCoop Comment 9: Whether Commerce Should Apply Adverse Facts Available to Dcoop’s Cost Database Comment 10: Application of Adverse Facts Available to Dcoop’s General and Administrative Expenses Comment 11: Early Payment and Quantity Discounts Comment 12: U.S. Freight and U.S. Indirect Selling Expenses Comment 13: Rescission of the Administrative Review of Dcoop VI. Recommendation [FR Doc. 2021–14060 Filed 6–30–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–880] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Notice of Court Decision Not in Harmony With the Final Results in the Antidumping Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 24, 2021, the U.S. Court of International Trade (CIT) sustained the Department of Commerce’s (Commerce’s) remand results pertaining to the first administrative review of the antidumping duty order on heavy walled rectangular welded carbon steel pipes and tubes (HWR) from the Republic of Korea (Korea) covering the period of review (POR) of March 1, 2016, through August 31, 2017. 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 first administrative review of HWR from Korea. Consistent with the CIT’s final judgment, Commerce is amending the weighted-average dumping margins calculated for Dong A-Steel Company (DOSCO) and Kukje Steel Co., Ltd. (Kukje Steel). DATES: Applicable July 4, 2021. FOR FURTHER INFORMATION CONTACT: Alice Maldonado, 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) 482–4682. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 28, 2019, Commerce published its Final Results in the first E:\FR\FM\01JYN1.SGM 01JYN1 35070 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices administrative review of HWR from Korea.1 As reflected in the Final Results, Commerce calculated a weightedaverage dumping margin of 20.79 percent for DOSCO and 12.81 percent Kukje Steel, one of the companies receiving the review-specific average rate.2 DOSCO and Kukje Steel appealed Commerce’s Final Results to the CIT. On September 29, 2020, the CIT remanded for Commerce to explain or reconsider its finding of a particular market situation (PMS) in the Korean market for the hot-rolled coil input and its application of a PMS adjustment to the respondents’ cost of production (COP).3 On December 22, 2020, Commerce issued the First Remand Results, in which, under protest, it determined that there is no PMS that distorts the COP of HWR and recalculated the weightedaverage dumping margin for DOSCO without the PMS adjustment to the COP for the sales-below-cost test.4 As a result, Commerce calculated a revised weighted-average dumping margin for DOSCO of 11.00 percent. Moreover, as a result of Commerce’s recalculation of the weighted-average dumping margin for DOSCO, Commerce revised the review-specific average rate applied to Kukje Steel to 7.89 percent. On June 24, 2021, the CIT sustained Commerce’s Final Remand Results.5 khammond on DSKJM1Z7X2PROD with NOTICES Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 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.8 The CIT’s June 24, 2021 judgment in this case 1 See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2016–2017, 84 FR 24471 (May 28, 2019) (Final Results). 2 Id. at 24472. 3 See Dong-A Steel Company v. United States, 475 F. Supp. 3d 1317 (CIT 2020) (Remand Order). 4 See Final Results of Redetermination Pursuant to Court Remand, Consol. Court No. 19–00104, dated December 21, 2020 (Final Remand Results) at 1. 5 See Dong-A Steel Company v. United States, Slip Op. 21–79, Consol. Court No. 19–00104 (CIT 2021) (DOSCO). 6 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 7 See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 8 See sections 516A(c) and (e) of the Act. VerDate Sep<11>2014 16:45 Jun 30, 2021 Jkt 253001 will instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise produced and/or exported by DOSCO and Kukje Steel, in accordance with 19 CFR 351.212(b) and the Final Remand Results. We will Amended Final Results instruct CBP to assess antidumping Because there is now a final court duties on all appropriate entries covered decision, Commerce is amending its by this review when the importerFinal Results with respect to the specific ad valorem assessment rate is weighted-average dumping margins for not zero or de minimis. Where an DOSCO and Kukje Steel.9 The revised import-specific ad valorem assessment weighted-average dumping margins are rate is zero or de minimis,10 we will as follows: instruct CBP to liquidate the appropriate entries without regard to antidumping Weightedduties. average Consistent with Commerce’s Exporter/producer dumping assessment practice, for entries of margin subject merchandise during the POR (percent) produced by DOSCO or Kukje Steel for Dong A-Steel Company ........ 11.00 which they did not know that the Kukje Steel Co., Ltd ............. 7.89 merchandise was destined for the United States, we will instruct CBP to Cash Deposit Requirements liquidate unreviewed entries at the all Because DOSCO and Kukje Steel have others rate if there is no rate for the intermediate company(ies) involved in a superseding cash deposit rate, i.e., the transaction.11 there have been final results published in a subsequent administrative review, Notification to Interested Parties we will not issue revised cash deposit This notice is issued and published in instructions to U.S. Customs and Border accordance with sections 516A(c) and Protection (CBP). This notice will not (e) and 777(i)(1) of the Act. affect the current cash deposit rate. constitutes a final decision of that court that is not in harmony with Commerce’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Liquidation of Suspended Entries During the pendency of litigation, including any appeal, Commerce remains enjoined by Court order from liquidating entries: (1) Produced and/or exported by Dong-A Steel Company or Kukje Steel Co., Ltd.; (2) the subject of the Final Results; (3) entered, or were withdrawn from warehouse, for consumption on or after March 1, 2016, up to and including August 27, 2016, and on or after September 12, 2016, up to and including August 31, 2017; and (4) remain unliquidated as of the date the Court issued the applicable statutory injunction. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. 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 9 See section 735(c)(5)(A) of the Act; see also Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016–2017, 83 FR 50892 (October 10, 2018), and accompanying Preliminary Decision Memorandum at 4 (explaining the method for determining the rate applied to companies not selected for individual examination), method unchanged in the Final Results; and Memorandum, ‘‘Calculation of the Review-Specific Average Rate for the Final Results of Redetermination,’’ dated December 21, 2020. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Dated: June 25, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–14048 Filed 6–30–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (Sunset) Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In accordance with the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) is automatically initiating the five-year reviews (Sunset Reviews) of the antidumping and countervailing duty (AD/CVD) order(s) and suspended investigation(s) listed below. The International Trade Commission (the ITC) is publishing concurrently with this notice its notice of Institution of Five-Year Reviews which covers the same order(s) and suspended investigation(s). AGENCY: 10 See 19 CFR 351.106(c)(2). a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 11 For E:\FR\FM\01JYN1.SGM 01JYN1

Agencies

[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35069-35070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14048]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-880]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Korea: Notice of Court Decision Not in Harmony With the 
Final Results in the Antidumping Duty Administrative Review; Notice of 
Amended Final Results

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

SUMMARY: On June 24, 2021, the U.S. Court of International Trade (CIT) 
sustained the Department of Commerce's (Commerce's) remand results 
pertaining to the first administrative review of the antidumping duty 
order on heavy walled rectangular welded carbon steel pipes and tubes 
(HWR) from the Republic of Korea (Korea) covering the period of review 
(POR) of March 1, 2016, through August 31, 2017. 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 first administrative review of HWR 
from Korea. Consistent with the CIT's final judgment, Commerce is 
amending the weighted-average dumping margins calculated for Dong A-
Steel Company (DOSCO) and Kukje Steel Co., Ltd. (Kukje Steel).

DATES: Applicable July 4, 2021.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado, 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) 482-4682.

SUPPLEMENTARY INFORMATION:

Background

    On May 28, 2019, Commerce published its Final Results in the first

[[Page 35070]]

administrative review of HWR from Korea.\1\ As reflected in the Final 
Results, Commerce calculated a weighted-average dumping margin of 20.79 
percent for DOSCO and 12.81 percent Kukje Steel, one of the companies 
receiving the review-specific average rate.\2\
---------------------------------------------------------------------------

    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2016-
2017, 84 FR 24471 (May 28, 2019) (Final Results).
    \2\ Id. at 24472.
---------------------------------------------------------------------------

    DOSCO and Kukje Steel appealed Commerce's Final Results to the CIT. 
On September 29, 2020, the CIT remanded for Commerce to explain or 
reconsider its finding of a particular market situation (PMS) in the 
Korean market for the hot-rolled coil input and its application of a 
PMS adjustment to the respondents' cost of production (COP).\3\ On 
December 22, 2020, Commerce issued the First Remand Results, in which, 
under protest, it determined that there is no PMS that distorts the COP 
of HWR and recalculated the weighted-average dumping margin for DOSCO 
without the PMS adjustment to the COP for the sales-below-cost test.\4\ 
As a result, Commerce calculated a revised weighted-average dumping 
margin for DOSCO of 11.00 percent. Moreover, as a result of Commerce's 
recalculation of the weighted-average dumping margin for DOSCO, 
Commerce revised the review-specific average rate applied to Kukje 
Steel to 7.89 percent.
---------------------------------------------------------------------------

    \3\ See Dong-A Steel Company v. United States, 475 F. Supp. 3d 
1317 (CIT 2020) (Remand Order).
    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Consol. Court No. 19-00104, dated December 21, 2020 (Final 
Remand Results) at 1.
---------------------------------------------------------------------------

    On June 24, 2021, the CIT sustained Commerce's Final Remand 
Results.\5\
---------------------------------------------------------------------------

    \5\ See Dong-A Steel Company v. United States, Slip Op. 21-79, 
Consol. Court No. 19-00104 (CIT 2021) (DOSCO).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
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.\8\ The 
CIT's June 24, 2021 judgment in this case constitutes a final decision 
of that court that is not in harmony with Commerce's Final Results. 
This notice is published in fulfillment of the publication requirements 
of Timken.
---------------------------------------------------------------------------

    \6\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \7\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 
1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \8\ See sections 516A(c) and (e) of the Act.
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court decision, Commerce is amending 
its Final Results with respect to the weighted-average dumping margins 
for DOSCO and Kukje Steel.\9\ The revised weighted-average dumping 
margins are as follows:
---------------------------------------------------------------------------

    \9\ See section 735(c)(5)(A) of the Act; see also Heavy Walled 
Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2016-2017, 83 FR 
50892 (October 10, 2018), and accompanying Preliminary Decision 
Memorandum at 4 (explaining the method for determining the rate 
applied to companies not selected for individual examination), 
method unchanged in the Final Results; and Memorandum, ``Calculation 
of the Review-Specific Average Rate for the Final Results of 
Redetermination,'' dated December 21, 2020.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Dong A-Steel Company....................................           11.00
Kukje Steel Co., Ltd....................................            7.89
------------------------------------------------------------------------

Cash Deposit Requirements

    Because DOSCO and Kukje Steel have a superseding cash deposit rate, 
i.e., there have been final results published in a subsequent 
administrative review, we will not issue revised cash deposit 
instructions to U.S. Customs and Border Protection (CBP). This notice 
will not affect the current cash deposit rate.

Liquidation of Suspended Entries

    During the pendency of litigation, including any appeal, Commerce 
remains enjoined by Court order from liquidating entries: (1) Produced 
and/or exported by Dong-A Steel Company or Kukje Steel Co., Ltd.; (2) 
the subject of the Final Results; (3) entered, or were withdrawn from 
warehouse, for consumption on or after March 1, 2016, up to and 
including August 27, 2016, and on or after September 12, 2016, up to 
and including August 31, 2017; and (4) remain unliquidated as of the 
date the Court issued the applicable statutory injunction. These 
entries will remain enjoined pursuant to the terms of the injunction 
during the pendency of any appeals process.
    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 CBP to assess antidumping duties on unliquidated entries 
of subject merchandise produced and/or exported by DOSCO and Kukje 
Steel, in accordance with 19 CFR 351.212(b) and the Final Remand 
Results. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
ad valorem assessment rate is not zero or de minimis. Where an import-
specific ad valorem assessment rate is zero or de minimis,\10\ we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by DOSCO or Kukje Steel 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.\11\
---------------------------------------------------------------------------

    \11\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Notification to Interested Parties

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

    Dated: June 25, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-14048 Filed 6-30-21; 8:45 am]
BILLING CODE 3510-DS-P