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]
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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withdrawn from warehouse, for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.
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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
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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
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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
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]]>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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
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
