Certain Hot-Rolled Steel Flat Products From Australia: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results, 57178-57179 [2022-20208]

Download as PDF 57178 Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Notices of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for Interpipe will be equal to the weighted-average dumping margin established in the final results of this administrative review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, a prior review, or in the less-than-fair-value investigation (LTFV) but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be the all-others rate of 7.47 percent, the rate established in the LTFV investigation of this proceeding.21 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a 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 Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(2). lotter on DSK11XQN23PROD with NOTICES1 Dated: September 9, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology 21 See Order, 84 FR at 33919. VerDate Sep<11>2014 17:37 Sep 16, 2022 Jkt 256001 V. Treatment of Duties Under Section 232 of the Trade Expansion Act of 1962 VI. Constructed Export Price VII. Normal Value VIII. Currency Conversion IX. Recommendation [FR Doc. 2022–20169 Filed 9–16–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–602–809] Certain Hot-Rolled Steel Flat Products From Australia: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 30, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in BlueScope Steel LTD. v. United States, Court No. 19–00057, sustaining the U.S. Department of Commerce’s (Commerce) remand results pertaining to the administrative review of the antidumping duty (AD) order on certain hot-rolled steel flat products (hot-rolled steel) from Australia covering the period March 22, 2016, through September 30, 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 margin assigned to BlueScope Steel Ltd. (BSL) and its affiliate BlueScope Steel (AIS) Pty (collectively, BlueScope). DATES: Applicable September 9, 2022. FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6274. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 30, 2019, Commerce published its Final Results in the 2016– 2017 AD administrative review of hotrolled steel from Australia.1 Commerce applied facts otherwise available, with an adverse inference, pursuant to sections 776(a) and (b) of the Tariff Act 1 See Certain Hot-Rolled Steel Flat Products from Australia: Final Results of Antidumping Duty Administrative Review; 2016–2017, 84 FR 18241 (April 30, 2019) (Final Results), and accompanying Issues and Decision Memorandum. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 of 1930, as amended (the Act) to BlueScope because it provided deficient responses and failed to provide information in the manner and form requested, thereby significantly impeding the administrative review and failed to cooperate to the best of its ability with Commerce’s request for information. BlueScope appealed Commerce’s Final Results. On November 30, 2021, the CIT remanded the Final Results to Commerce to reexamine the record in this case, as well as the use of facts available with respect to BlueScope.2 In its remand redetermination, issued in April 2022, Commerce reevaluated the information on the record and issued a supplemental questionnaire to BlueScope identifying the deficiencies in its previous responses. Based on BlueScope’s supplemental response, we recalculated the period of review weighted-average dumping margin for BlueScope consistent with record evidence.3 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 sections 516A(c) and (e) of 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. The CIT’s August 30, 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 BlueScope as follows: 2 See BlueScope Steel Ltd. v. United States, 548 F. Supp. 3d 1351 at 1369 (CIT 2021). 3 See Final Results of Redetermination Pursuant to Court Remand, BlueScope Steel LTD. v. United States, Court No. 19–00057, Slip Op. 21–160, dated April 12, 2022, available at https://access.trade.gov/ Resources/remands/21-160.pdf (Final Redetermination). 4 See BlueScope Steel Ltd. v. United States, Court No. 19–00057, Slip Op. 22–102 (CIT August 30, 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). E:\FR\FM\19SEN1.SGM 19SEN1 Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Notices Exporter/producer Weightedaverage dumping margin (percent) 4.95 Cash Deposit Requirements Because BlueScope 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 a CIT order from liquidating entries that: were (a) produced and/or exported by BlueScope Steel Ltd. and BlueScope Steel (AIS) Pty Ltd.; (b) subject to the Final Results; and (c) entered, or withdrawn from warehouse for consumption, on or after March 22, 2016, up to and including September 30, 2017. 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 antidumping duties on unliquidated entries of subject merchandise produced and/or exported by BSL and BlueScope Steel (AIS) Pty Ltd. in accordance with 19 CFR 351.212(b). 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,7 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Notification to Interested Parties lotter on DSK11XQN23PROD with NOTICES1 This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: September 13, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–20208 Filed 9–16–22; 8:45 am] BILLING CODE 3510–DS–P 19 CFR 351.106(c)(2). VerDate Sep<11>2014 17:37 Sep 16, 2022 National Oceanic and Atmospheric Administration Public Comment of the Interagency Working Group on Ocean Acidification (IWG–OA) BlueScope Steel (AIS) Pty Ltd., BlueScope Steel Ltd., and BlueScope Steel Distribution Pty Ltd ................. 7 See DEPARTMENT OF COMMERCE Jkt 256001 Office of Oceanic and Atmospheric Research (OAR), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of public comment. AGENCY: This notice announces the Draft Strategic Plan for Federal Research and Monitoring of Ocean Acidification is available for public comment. Developed by the Interagency Working Group on Ocean Acidification of the National Science and Technology Council’s Subcommittee on Ocean Science and Technology, this Draft Strategic Plan presents an updated vision for how to move Federal agencies toward a better understanding of the process of ocean acidification, its effects on marine ecosystems, and the steps that could be taken to adapt marine resource management to account for it. DATES: Comments must be received on or before November 12, 2022. ADDRESSES: A copy of the Draft Strategic Plan may be downloaded or viewed on the internet at: https:// oceanacidification.noaa.gov/ FederalStrategicPlan.aspx. You are encouraged to use the comment form spreadsheet provided on the same website to submit your comments. However, comments will also be accepted in word, pdf, or email body. Please submit public comments via email to courtney.cochran@noaa.gov with the subject line ‘‘Public Comment on Draft OA Strategic Plan.’’ No business proprietary information, copyrighted information, or personally identifiable information should be submitted in response to this request. Please be aware that comments submitted may be posted on a federal website or otherwise released publicly. Clearly indicate which section, page number, and line number, if applicable, submitted comments pertain to. All comments must be provided in English. Please note that the U.S. Government will not pay for response preparation, or for the use of any information contained in the response. FOR FURTHER INFORMATION CONTACT: Courtney Cochran, Executive Secretary, Interagency Working Group on Ocean Acidification (Phone Number: 937–903– 3112) (Email: courtney.cochran@ noaa.gov). SUMMARY: PO 00000 Frm 00012 Fmt 4703 Sfmt 9990 57179 The development of this Strategic Plan (Plan) was directed by section 12404(c) and guided by section 12405 of the Federal Ocean Acidification Research And Monitoring Act of 2009, 33 U.S.C. 3701–3708, and (FOARAM Act). The Plan is intended to guide ‘‘Federal research and monitoring on ocean acidification that will provide for an assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaption and mitigation strategies to conserve marine organisms and marine ecosystems.’’ This Plan builds on the first Strategic Plan for Federal Research and Monitoring of Ocean Acidification, released in 2014. The present document serves as the required 5-year update and revision to this 2014 document. The 2014 Strategic Plan and this new Strategic Plan focus on the seven priority themes identified in the FOARAM Act: (1) monitoring; (2) research; (3) modeling; (4) technology development; (5) socioeconomic impacts; (6) education, outreach, and engagement strategies; and (7) data management and integration. The new Strategic Plan is organized around these themes and details multiple objectives under each as well as actions to support the objectives. Many of the objectives and actions listed in this Strategic Plan are interconnected, reflecting the interdisciplinary nature of ocean acidification research and transdisciplinary Federal activities on it. For each action, it is indicated whether the action is new, revised, or the same as the action in the 2014 Strategic Plan. Information on federal spending on ocean acidification monitoring and research activities will be included in the final version of the plan; there is currently placeholder text, as public comment is not accepted on this portion of the plan. SUPPLEMENTARY INFORMATION: David Holst, Chief Financial Officer/Administrative Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. 2022–20215 Filed 9–16–22; 8:45 am] BILLING CODE 3510–KD–P E:\FR\FM\19SEN1.SGM 19SEN1

Agencies

[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Notices]
[Pages 57178-57179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20208]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-809]


Certain Hot-Rolled Steel Flat Products From Australia: Notice of 
Court Decision Not in Harmony With the Results of Antidumping 
Administrative Review; Notice of Amended Final Results

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

SUMMARY: On August 30, 2022, the U.S. Court of International Trade 
(CIT) issued its final judgment in BlueScope Steel LTD. v. United 
States, Court No. 19-00057, sustaining the U.S. Department of 
Commerce's (Commerce) remand results pertaining to the administrative 
review of the antidumping duty (AD) order on certain hot-rolled steel 
flat products (hot-rolled steel) from Australia covering the period 
March 22, 2016, through September 30, 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 margin assigned 
to BlueScope Steel Ltd. (BSL) and its affiliate BlueScope Steel (AIS) 
Pty (collectively, BlueScope).

DATES: Applicable September 9, 2022.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6274.

SUPPLEMENTARY INFORMATION: 

Background

    On April 30, 2019, Commerce published its Final Results in the 
2016-2017 AD administrative review of hot-rolled steel from 
Australia.\1\ Commerce applied facts otherwise available, with an 
adverse inference, pursuant to sections 776(a) and (b) of the Tariff 
Act of 1930, as amended (the Act) to BlueScope because it provided 
deficient responses and failed to provide information in the manner and 
form requested, thereby significantly impeding the administrative 
review and failed to cooperate to the best of its ability with 
Commerce's request for information. BlueScope appealed Commerce's Final 
Results. On November 30, 2021, the CIT remanded the Final Results to 
Commerce to reexamine the record in this case, as well as the use of 
facts available with respect to BlueScope.\2\
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    \1\ See Certain Hot-Rolled Steel Flat Products from Australia: 
Final Results of Antidumping Duty Administrative Review; 2016-2017, 
84 FR 18241 (April 30, 2019) (Final Results), and accompanying 
Issues and Decision Memorandum.
    \2\ See BlueScope Steel Ltd. v. United States, 548 F. Supp. 3d 
1351 at 1369 (CIT 2021).
---------------------------------------------------------------------------

    In its remand redetermination, issued in April 2022, Commerce 
reevaluated the information on the record and issued a supplemental 
questionnaire to BlueScope identifying the deficiencies in its previous 
responses. Based on BlueScope's supplemental response, we recalculated 
the period of review weighted-average dumping margin for BlueScope 
consistent with record evidence.\3\ The CIT sustained Commerce's Final 
Redetermination.\4\
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    \3\ See Final Results of Redetermination Pursuant to Court 
Remand, BlueScope Steel LTD. v. United States, Court No. 19-00057, 
Slip Op. 21-160, dated April 12, 2022, available at https://access.trade.gov/Resources/remands/21-160.pdf (Final 
Redetermination).
    \4\ See BlueScope Steel Ltd. v. United States, Court No. 19-
00057, Slip Op. 22-102 (CIT August 30, 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 sections 516A(c) and (e) of 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. The CIT's August 30, 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 BlueScope as follows:

[[Page 57179]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
BlueScope Steel (AIS) Pty Ltd., BlueScope Steel Ltd.,               4.95
 and BlueScope Steel Distribution Pty Ltd...............
------------------------------------------------------------------------

Cash Deposit Requirements

    Because BlueScope 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 a CIT order from 
liquidating entries that: were (a) produced and/or exported by 
BlueScope Steel Ltd. and BlueScope Steel (AIS) Pty Ltd.; (b) subject to 
the Final Results; and (c) entered, or withdrawn from warehouse for 
consumption, on or after March 22, 2016, up to and including September 
30, 2017. 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 antidumping duties on unliquidated entries of 
subject merchandise produced and/or exported by BSL and BlueScope Steel 
(AIS) Pty Ltd. in accordance with 19 CFR 351.212(b). 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,\7\ we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping 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: September 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-20208 Filed 9-16-22; 8:45 am]
BILLING CODE 3510-DS-P