Certain Cut-to-Length Carbon-Quality Steel Plate From Korea: Notice of Court Decision Not in Harmony With the Results of Countervailing Duty Administrative Review; Notice of Amended Final Results, 17270-17271 [2022-06401]

Download as PDF 17270 Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Notices publicly disclose individual firm information it receives through offsets reporting unless the firm furnishing the information specifically authorizes public disclosure. The information collected is sorted and organized into an aggregate report of national offsets data, and therefore does not identify company-specific information. To enable BIS to prepare the next annual offset report reflecting calendar year 2021 data, affected U.S. firms must submit required information on offsets agreements and offsets transactions from calendar year 2022 to BIS no later than June 15, 2022. Thea D. Rozman Kendler, Assistant Secretary for Export Administration. [FR Doc. 2022–06272 Filed 3–25–22; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–914] Superabsorbent Polymers From the Republic of Korea: Postponement of Preliminary Determination in the LessThan-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable March 28, 2022. FOR FURTHER INFORMATION CONTACT: Charles DeFilippo or Elfi Blum, AD/ CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3979 or (202) 482–0197, respectively. SUPPLEMENTARY INFORMATION: AGENCY: jspears on DSK121TN23PROD with NOTICES1 Background On November 22, 2021, the Department of Commerce (Commerce) initiated a less-than-fair-value (LTFV) investigation of imports of certain superabsorbent polymers (SAP) from Korea.1 Currently, the preliminary determination is due no later than April 11, 2022. Postponement of Preliminary Determination Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation 1 See Certain Superabsorbent Polymers from the Republic of Korea: Initiation of Less-Than-Fair Value Investigation, 86 FR 67915 (November 30, 2021) (Initiation Notice). VerDate Sep<11>2014 17:30 Mar 25, 2022 Jkt 256001 within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner 2 makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On March 14, 2022, the petitioner submitted a timely request that Commerce postpone the preliminary determination in the LTFV investigation.3 The petitioner stated that it requests postponement because it has identified deficiencies in the respondent’s questionnaire responses that should be addressed in advance of the preliminary determination, and so Commerce can issue supplemental questionnaires to the respondent and develop the record regarding these deficiencies.4 For the reasons stated above, and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determination by 50 days (i.e., 190 days after the date on which this investigation was initiated). As a result, Commerce will issue its preliminary determination no later than May 31, 2022. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date. Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). 2 The petitioner is the Ad Hoc Coalition of American SAP Producers. 3 See Petitioner‘s Letter, ‘‘Certain Superabsorbent Polymers from the Republic of Korea—Petitioner’s Request for Postponement of Preliminary Determination,’’ dated March 14, 2022. 4 Id. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Dated: March 22, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–06402 Filed 3–25–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–837] Certain Cut-to-Length Carbon-Quality Steel Plate From Korea: Notice of Court Decision Not in Harmony With the Results of Countervailing Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 18, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Hyundai Steel Company v. United States, Court no. 21–00012, sustaining the Department of Commerce (Commerce)’s final remand results pertaining to the administrative review of the countervailing duty (CVD) order on certain cut-to-length carbon-quality steel plate (CTL plate) from Korea covering the period January 1, 2018, through December 31, 2018. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final results of the administrative review, and that Commerce is amending the final results with respect to the countervailable subsidy rate assigned to Hyundai Steel Company (Hyundai Steel). DATES: Applicable March 28, 2022. FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1009. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 28, 2020, Commerce published its Final Results in the 2018 CVD administrative review of CTL plate from Korea. Commerce determined that a countervailable ad valorem subsidy rate of 0.50 existed for Hyundai Steel during the period of review.1 1 See Certain Cut-to-Length Carbon-Quality Steel Plate from the Republic of Korea: Final Results of Countervailing Duty Administrative Review; Calendar Year 2018, 85 FR 84296 (December 28, 2020) (Final Results). E:\FR\FM\28MRN1.SGM 28MRN1 Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Notices Hyundai Steel appealed Commerce’s Final Results. On November 9, 2021, the CIT granted Commerce’s request for a voluntary remand of its determination of the countervailability of the reduction for sewerage fees program in the Final Results.2 In its final remand redetermination, issued on February 4, 2022, Commerce found that the reduction for sewerage fees program was not countervailable.3 On March 18, 2022, the CIT sustained Commerce’s final redetermination.4 Timken Notice In its decision in Timken,5 as clarified by Diamond Sawblades,6 the U.S. 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 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 March 18, 2022, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to Hyundai Steel as follows: Hyundai Steel ............................. * 0.49 jspears on DSK121TN23PROD with NOTICES1 Cash Deposit Requirements Because Hyundai Steel has 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. 2 See Order Granting Motion to Remand Case, Hyundai Steel v. United States, Court No. 21–00012 (November 9, 2021) (Remand Order). 3 See Final Results of Redetermination Pursuant to Court Remand, Court No. 21–00012, dated February 4, 2022. 4 See Judgment Sustaining Remand Redetermination, Court No. 21–00012, dated March 18, 2022. 5 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 6 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). 17:30 Mar 25, 2022 Jkt 256001 [FR Doc. 2022–06401 Filed 3–25–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration * Indicates a de minimis subsidy rate. VerDate Sep<11>2014 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: March 22, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Weightedaverage dumping margin (percent) Producer or exporter Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that were produced and/or exported by Hyundai Steel, and were entered, or withdrawn from warehouse, for consumption during the period January 1, 2018, through December 31, 2018. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess countervailing duties on unliquidated entries of subject merchandise produced and/or exported by Hyundai Steel in accordance with 19 CFR 351.212(b). We will instruct CBP to assess countervailing duties on all appropriate entries covered by this review when the ad valorem rate is not zero or de minimis. Where an ad valorem subsidy rate is zero or de minimis,7 we will instruct CBP to liquidate the appropriate entries without regard to countervailing duties. Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; NOAA Office of Education Higher Education Scholarship, Fellowship and Internship Programs National Oceanic and Atmospheric Administration (NOAA), 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 SUMMARY: 7 See PO 00000 19 CFR 351.106(c)(2). Frm 00010 Fmt 4703 Sfmt 4703 17271 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, written or on-line comments must be submitted on or before May 27, 2022. ADDRESSES: Interested persons are invited to submit written comments to Adrienne Thomas, NOAA PRA Officer, at NOAA.PRA@noaa.gov. Please reference OMB Control Number 0648– 0568 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 Natasha White, Management and Program Analyst, NOAA Office of Education, 1315 East-West Hwy., Silver Spring, MD 20910, 301–628–2906 or Natasha.White@noaa.gov. SUPPLEMENTARY INFORMATION: I. Abstract This request is for extension and revision of a current information collection. The National Oceanic and Atmospheric Administration (NOAA) Office of Education is sponsoring the information collection herein described. The Administrator of NOAA is authorized by section 4002 of the America COMPETES Act, Public Law 110–69, to establish and administer a Graduate Sciences Program and two undergraduate scholarship programs to enhance understanding of ocean, coastal, Great Lakes, and atmospheric science and stewardship by the general public and other coastal stakeholders, including underrepresented groups in ocean and atmospheric science and policy careers. In addition, NOAA’s Administrator is authorized by section 214 of the Consolidated Appropriations Act, 2005, Public Law 108–447, to establish and administer the Ernest F. Hollings Undergraduate Scholarship Program to support undergraduate studies in oceanic and atmospheric science, research, technology, and education that support NOAA’s mission and programs. The NOAA Office of Education collects, evaluates, and assesses student data and information for the purpose of selecting successful candidates for scholarships, fellowships and internships, generating internal NOAA E:\FR\FM\28MRN1.SGM 28MRN1

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[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Notices]
[Pages 17270-17271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06401]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-837]


Certain Cut-to-Length Carbon-Quality Steel Plate From Korea: 
Notice of Court Decision Not in Harmony With the Results of 
Countervailing Duty Administrative Review; Notice of Amended Final 
Results

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

SUMMARY: On March 18, 2022, the U.S. Court of International Trade (CIT) 
issued its final judgment in Hyundai Steel Company v. United States, 
Court no. 21-00012, sustaining the Department of Commerce (Commerce)'s 
final remand results pertaining to the administrative review of the 
countervailing duty (CVD) order on certain cut-to-length carbon-quality 
steel plate (CTL plate) from Korea covering the period January 1, 2018, 
through December 31, 2018. Commerce is notifying the public that the 
CIT's final judgment is not in harmony with Commerce's final results of 
the administrative review, and that Commerce is amending the final 
results with respect to the countervailable subsidy rate assigned to 
Hyundai Steel Company (Hyundai Steel).

DATES: Applicable March 28, 2022.

FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1009.

SUPPLEMENTARY INFORMATION: 

Background

    On December 28, 2020, Commerce published its Final Results in the 
2018 CVD administrative review of CTL plate from Korea. Commerce 
determined that a countervailable ad valorem subsidy rate of 0.50 
existed for Hyundai Steel during the period of review.\1\
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    \1\ See Certain Cut-to-Length Carbon-Quality Steel Plate from 
the Republic of Korea: Final Results of Countervailing Duty 
Administrative Review; Calendar Year 2018, 85 FR 84296 (December 28, 
2020) (Final Results).

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[[Page 17271]]

    Hyundai Steel appealed Commerce's Final Results. On November 9, 
2021, the CIT granted Commerce's request for a voluntary remand of its 
determination of the countervailability of the reduction for sewerage 
fees program in the Final Results.\2\
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    \2\ See Order Granting Motion to Remand Case, Hyundai Steel v. 
United States, Court No. 21-00012 (November 9, 2021) (Remand Order).
---------------------------------------------------------------------------

    In its final remand redetermination, issued on February 4, 2022, 
Commerce found that the reduction for sewerage fees program was not 
countervailable.\3\ On March 18, 2022, the CIT sustained Commerce's 
final redetermination.\4\
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    \3\ See Final Results of Redetermination Pursuant to Court 
Remand, Court No. 21-00012, dated February 4, 2022.
    \4\ See Judgment Sustaining Remand Redetermination, Court No. 
21-00012, dated March 18, 2022.
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Timken Notice

    In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\ 
the U.S. 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 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 March 18, 
2022, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Results. Thus, this notice is published 
in fulfillment of the publication requirements of Timken.
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    \5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \6\ See Diamond Sawblades Manufacturers 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 judgment, Commerce is amending 
its Final Results with respect to Hyundai Steel as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel...............................................      * 0.49
------------------------------------------------------------------------
* Indicates a de minimis subsidy rate.

Cash Deposit Requirements

    Because Hyundai Steel has 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

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were produced and/or exported by Hyundai 
Steel, and were entered, or withdrawn from warehouse, for consumption 
during the period January 1, 2018, through December 31, 2018. These 
entries will remain enjoined pursuant to the terms of the injunction 
during the pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess countervailing duties on unliquidated entries of 
subject merchandise produced and/or exported by Hyundai Steel in 
accordance with 19 CFR 351.212(b). We will instruct CBP to assess 
countervailing duties on all appropriate entries covered by this review 
when the ad valorem rate is not zero or de minimis. Where an ad valorem 
subsidy rate is zero or de minimis,\7\ we will instruct CBP to 
liquidate the appropriate entries without regard to countervailing 
duties.
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    \7\ See 19 CFR 351.106(c)(2).
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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: March 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-06401 Filed 3-25-22; 8:45 am]
BILLING CODE 3510-DS-P