Lemon Juice From Argentina: Continuation of Suspension of Antidumping Duty Investigation, 55397-55398 [2022-19523]
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Notices
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challenged the Final Results on multiple
grounds.3
In its Remand Order, the Court
sustained Commerce’s determination
with respect to two issues: (1) the
calculation of profit as included in
SeAH’s constructed export price; 4 and
(2) the exclusion of freight revenue in
calculating SeAH’s constructed export
price.5 However, the Court remanded
two of Commerce’s determinations:
1. Particular market situation (PMS),
finding that substantial record evidence
does not support Commerce’s
cumulative determination that a PMS
existed in Korea for the 2017–2018
period of review (POR), thus, the issue
required further consideration or
explanation.6
2. The application of Cohen’s d test,
as part of the differential pricing
analysis, for further explanation of
whether potential limits on the
applicability of the Cohen’s d test as
enumerated in Stupp 7 were satisfied or
whether those limits need not be
observed when Commerce uses the
Cohen’s d test.8
In its final results of redetermination
pursuant to the Remand Order issued
on July 16, 2021, Commerce
reconsidered the two determinations
listed above.9 In the Redetermination,
Commerce:
1. Reversed the PMS finding and
removed the adjustment from the
margin calculations for SeAH.
2. Determined that it was not
necessary to address the issue of
applicability of the Cohen’s d test
because, having reversed the PMS
finding, the weighted-average dumping
margin is either zero or de minimis
regardless of which comparison method
is used, thus rendering the differential
pricing analysis moot.
As a result, Commerce recalculated
the weighted-average dumping margin
for SeAH, which changed from 3.96
percent to 0.00 percent.10
On August 29, 2022, the CIT issued its
final judgment in SeAH Steel
Corporation v. United States, Consol.
Court No. 20–00150, Slip Op. 22–101,
3 See generally SeAH Steel Corp. v. United States,
539 F. Supp. 3d 1341 (CIT 2022) (Remand Order).
4 Id., 539 F. Supp. 3d at 1366.
5 Id.
6 Id.
7 See Stupp v. United States, 5 F.4th 1341 (Fed.
Cir. 2021) (Stupp).
8 See Remand Order, 539 F. Supp. 3d at 1351 and
1366.
9 See Final Results of Redetermination Pursuant
to Court Remand, SeAH Steel Corp. v. United
States, Consolidated Court No. 20–00150, Slip. Op.
21–146 (CIT October 19, 2021), dated January 24,
2022 (Redetermination).
10 Id.
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18:57 Sep 08, 2022
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fully sustaining Commerce’s
Redetermination: 11
(1) The CIT sustained Commerce’s
Redetermination with respect to the
PMS determination and adjustment.12
(2) The CIT sustained Commerce’s
Redetermination with respect to not
applying the differential pricing
analysis to calculate SeAH’s dumping
margin because SeAH’s dumping
margin is either zero or de minimis,
regardless of which comparison method
is used.13
Timken Notice
In its decision in Timken,14 as
clarified by Diamond Sawblades,15 the
U.S. Court of Appeals for the Federal
Circuit held that, pursuant to section
516A(e) of the Tariff Act of 1930, as
amended (the Act), Commerce must
publish a notice of a court decision not
‘‘in harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The
Court’s August 29, 2022, judgment
sustaining the Redetermination
constitutes a final decision of the Court
that is not in harmony with Commerce’s
Final Results. This notice is published
in fulfillment of the publication
requirement of Timken.
Amended Final Results
Because there is now a final court
decision, Commerce is amending the
Final Results with respect to SeAH for
the period September 1, 2017, through
August 31, 2018. The revised dumping
margin is as follows:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
SeAH Steel Corporation .............
0.00
Cash Deposit Requirements
Because SeAH has had 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 rates.
11 See SeAH Steel Corporation v. United States,
Consol. Court No. 20–00150, Slip Op. 22–101 (CIT
August 29, 2022) (SeAH Steel Judgement).
12 Id. at 10–11.
13 Id. at 12.
14 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
15 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
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55397
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that were produced and exported
by SeAH, and were entered, or
withdrawn from warehouse, for
consumption during the period
September 1, 2017, through August 31,
2018. Liquidation of 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 ADs on unliquidated entries of
subject merchandise produced and
exported by SeAH, in accordance with
19 CFR 351.212(b). We will instruct CBP
to assess ADs on all appropriate entries
covered by this review when the
importer-specific ad valorem
assessment rate is not zero or de
minimis. Where an importer-specific ad
valorem assessment rate is zero or de
minimis,16 we will instruct CBP to
liquidate the appropriate entries
without regard to ADs.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516(A)(c) and
(e) and 777(i)(1) of the Act.
Dated: September 6, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–19631 Filed 9–8–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–818]
Lemon Juice From Argentina:
Continuation of Suspension of
Antidumping Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the respective
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that termination of the 2016 Agreement
Suspending the Antidumping Duty
Investigation on Lemon Juice from
Argentina (2016 Agreement) and the
underlying antidumping duty
investigation on lemon juice from
Argentina would likely lead to
continuation or recurrence of dumping
AGENCY:
16 See
E:\FR\FM\09SEN1.SGM
19 CFR 351.106(c)(2).
09SEN1
55398
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Notices
and material injury to an industry in the
United States, Commerce is publishing
this notice of continuation of the 2016
Agreement.
DATES: Applicable September 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or Jill Buckles, Bilateral
Agreements Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–0162 or (202) 482–6230,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 20, 2016, Commerce and
substantially all producers/exporters of
lemon juice from Argentina signed the
2016 Agreement.1 On September 1,
2021, Commerce initiated,2 and the ITC
instituted,3 the second sunset review of
the suspended antidumping duty
investigation on lemon juice from
Argentina, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act). As a result of its review, pursuant
to sections 751(c) and 752 of the Act,
Commerce determined that termination
of the 2016 Agreement and suspended
antidumping duty investigation on
lemon juice from Argentina would
likely lead to a continuation or
recurrence of dumping and notified the
ITC of the magnitude of the margins
likely to prevail, should the 2016
Agreement be terminated.4 On
September 2, 2022, pursuant to section
751(c) of the Act, the ITC published its
determination that termination of the
suspended antidumping duty
investigation on lemon juice from
Argentina would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.5
jspears on DSK121TN23PROD with NOTICES
Scope of the 2016 Agreement
The product covered by the 2016
Agreement is lemon juice for further
manufacture, with or without addition
of preservatives, sugar, or other
1 See Lemon Juice from Argentina: Continuation
of Suspension of Antidumping Investigation, 81 FR
74395 (October 26, 2016).
2 See Initiation of Five-Year (Sunset) Reviews, 86
FR 48983 (September 1, 2021).
3 See Lemon Juice from Argentina; Institution of
a Five-Year Review, 86 FR 49054 (September 1,
2021).
4 See 2016 Agreement Suspending the
Antidumping Duty Investigation on Lemon Juice
from Argentina; Final Results of the Expedited
Second Sunset Review of the Suspension
Agreement, 87 FR 215 (January 4, 2022).
5 See Lemon Juice from Argentina, 87 FR 54263
(September 2, 2022) (Investigation No. 731–TA–
1105 (Second Review)).
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18:57 Sep 08, 2022
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sweeteners, regardless of the GPL (grams
per liter of citric acid) level of
concentration, brix level, brix/acid ratio,
pulp content, clarity, grade, horticulture
method (e.g., organic or not), processed
form (e.g., frozen or not-fromconcentrate), FDA standard of identity,
the size of the container in which
packed, or the method of packing.
Excluded from the scope are: (1)
Lemon juice at any level of
concentration packed in retail-sized
containers ready for sale to consumers,
typically at a level of concentration of
48 GPL; and (2) beverage products such
as lemonade that typically contain 20%
or less lemon juice as an ingredient.
Lemon juice is classifiable under
subheadings 2009.39.6020,
2009.31.6020, 2009.31.4000,
2009.31.6040, and 2009.39.6040 of the
Harmonized Tariff Schedule of the
United States (HTSUS). While HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
2016 Agreement is dispositive.
Continuation of Suspension of
Investigation
As a result of the respective
determinations by Commerce and the
ITC that termination of the 2016
Agreement and suspended antidumping
duty investigation on lemon juice from
Argentina would likely lead to
continuation or recurrence of dumping
and material injury to an industry in the
United States, consistent with section
751(d)(2) of the Act, Commerce hereby
gives notice of the continuation of the
2016 Agreement. The effective date of
continuation will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next five-year review of the
2016 Agreement not later than 30 days
prior to the fifth anniversary of the
effective date of continuation.
Administrative Protective Order
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: September 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–19523 Filed 9–8–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–870]
Certain Oil Country Tubular Goods
From the Republic of Korea: Notice of
Court Decision Not in Harmony With
the Results of Antidumping Duty
Administrative Review; Notice of
Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On August 26, 2022, the U.S.
Court of International Trade (the Court
or CIT) issued its final judgment in
SeAH Steel Corp. v. United States,
Consol. Court No. 19–00086, Slip Op.
22–100, sustaining the U.S. Department
of Commerce’s (Commerce) remand
results pertaining to the administrative
review of the antidumping duty (AD)
order on certain oil country tubular
goods (OCTG) from the Republic of
Korea (Korea) covering the period
September 1, 2016, through August 31,
2017. 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 dumping margins
assigned to NEXTEEL Co., Ltd.
(NEXTEEL), SeAH Steel Corporation
(SeAH), and the non-individually
examined companies who are party to
the litigation.
SUMMARY:
DATES:
Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT:
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
SUPPLEMENTARY INFORMATION:
Notification to Interested Parties
Background
This five-year (sunset) review and
notice are in accordance with section
751(c) of the Act and published
On May 24, 2019, Commerce
published its Final Results in the 2016–
2017 AD administrative review of OCTG
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Fmt 4703
Sfmt 4703
Frank Schmitt or Mark Flessner, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4880 or (202) 482–6312,
respectively.
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Notices]
[Pages 55397-55398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19523]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-818]
Lemon Juice From Argentina: Continuation of Suspension of
Antidumping Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the respective determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC) that termination of the 2016 Agreement Suspending the
Antidumping Duty Investigation on Lemon Juice from Argentina (2016
Agreement) and the underlying antidumping duty investigation on lemon
juice from Argentina would likely lead to continuation or recurrence of
dumping
[[Page 55398]]
and material injury to an industry in the United States, Commerce is
publishing this notice of continuation of the 2016 Agreement.
DATES: Applicable September 9, 2022.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles,
Bilateral Agreements Unit, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230, telephone: (202) 482-0162 or (202)
482-6230, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 20, 2016, Commerce and substantially all producers/
exporters of lemon juice from Argentina signed the 2016 Agreement.\1\
On September 1, 2021, Commerce initiated,\2\ and the ITC instituted,\3\
the second sunset review of the suspended antidumping duty
investigation on lemon juice from Argentina, pursuant to section 751(c)
of the Tariff Act of 1930, as amended (the Act). As a result of its
review, pursuant to sections 751(c) and 752 of the Act, Commerce
determined that termination of the 2016 Agreement and suspended
antidumping duty investigation on lemon juice from Argentina would
likely lead to a continuation or recurrence of dumping and notified the
ITC of the magnitude of the margins likely to prevail, should the 2016
Agreement be terminated.\4\ On September 2, 2022, pursuant to section
751(c) of the Act, the ITC published its determination that termination
of the suspended antidumping duty investigation on lemon juice from
Argentina would be likely to lead to continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time.\5\
---------------------------------------------------------------------------
\1\ See Lemon Juice from Argentina: Continuation of Suspension
of Antidumping Investigation, 81 FR 74395 (October 26, 2016).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 48983
(September 1, 2021).
\3\ See Lemon Juice from Argentina; Institution of a Five-Year
Review, 86 FR 49054 (September 1, 2021).
\4\ See 2016 Agreement Suspending the Antidumping Duty
Investigation on Lemon Juice from Argentina; Final Results of the
Expedited Second Sunset Review of the Suspension Agreement, 87 FR
215 (January 4, 2022).
\5\ See Lemon Juice from Argentina, 87 FR 54263 (September 2,
2022) (Investigation No. 731-TA-1105 (Second Review)).
---------------------------------------------------------------------------
Scope of the 2016 Agreement
The product covered by the 2016 Agreement is lemon juice for
further manufacture, with or without addition of preservatives, sugar,
or other sweeteners, regardless of the GPL (grams per liter of citric
acid) level of concentration, brix level, brix/acid ratio, pulp
content, clarity, grade, horticulture method (e.g., organic or not),
processed form (e.g., frozen or not-from-concentrate), FDA standard of
identity, the size of the container in which packed, or the method of
packing.
Excluded from the scope are: (1) Lemon juice at any level of
concentration packed in retail-sized containers ready for sale to
consumers, typically at a level of concentration of 48 GPL; and (2)
beverage products such as lemonade that typically contain 20% or less
lemon juice as an ingredient.
Lemon juice is classifiable under subheadings 2009.39.6020,
2009.31.6020, 2009.31.4000, 2009.31.6040, and 2009.39.6040 of the
Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the 2016 Agreement is dispositive.
Continuation of Suspension of Investigation
As a result of the respective determinations by Commerce and the
ITC that termination of the 2016 Agreement and suspended antidumping
duty investigation on lemon juice from Argentina would likely lead to
continuation or recurrence of dumping and material injury to an
industry in the United States, consistent with section 751(d)(2) of the
Act, Commerce hereby gives notice of the continuation of the 2016
Agreement. The effective date of continuation will be the date of
publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2),
Commerce intends to initiate the next five-year review of the 2016
Agreement not later than 30 days prior to the fifth anniversary of the
effective date of continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
Notification to Interested Parties
This five-year (sunset) review and notice are in accordance with
section 751(c) of the Act and published pursuant to section 777(i)(1)
of the Act and 19 CFR 351.218(f)(4).
Dated: September 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19523 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-DS-P