Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Countervailing Duty Review; Notice of Amended Final Results, 59778-59779 [2022-21364]
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59778
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Federal Register.8 On September 27,
2021, Commerce also published the
notice entitled ‘‘Scope Ruling
Application; Annual Inquiry Service
List; and Informational Sessions’’ in the
Federal Register.9 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.10
In accordance with the Procedural
Guidance, for orders published in the
Federal Register before November 4,
2021, Commerce created an annual
inquiry service list segment for each
order and suspended investigation.
Interested parties who wished to be
added to the annual inquiry service list
for an order submitted an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS, and on November 4, 2021,
Commerce finalized the initial annual
inquiry service lists for each order and
suspended investigation. Each annual
inquiry service list has been saved as a
public service list in ACCESS, under
each case number, and under a specific
segment type called ‘‘AISL—Annual
Inquiry Service List.’’ 11
As mentioned in the Procedural
Guidance, beginning in January 2022,
Commerce will update these annual
inquiry service lists on an annual basis
when the Opportunity Notice for the
anniversary month of the order or
suspended investigation is published in
the Federal Register.12 Accordingly,
Commerce will update the annual
inquiry service lists for the above-listed
antidumping and countervailing duty
8 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
9 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
10 Id.
11 This segment has been combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL—January Anniversary.’’ Note
that there will be only one annual inquiry service
list segment per case number, and the anniversary
month will be pre-populated in ACCESS.
12 See Procedural Guidance, 86 FR at 53206.
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proceedings. All interested parties
wishing to appear on the updated
annual inquiry service list must take
one of the two following actions: (1)
New interested parties who did not
previously submit an entry of
appearance must submit a new entry of
appearance at this time; (2) Interested
parties who were included in the
preceding annual inquiry service list
must submit an amended entry of
appearance to be included in the next
year’s annual inquiry service list. For
these interested parties, Commerce will
change the entry of appearance status
from ‘‘Active’’ to ‘‘Needs Amendment’’
for the annual inquiry service lists
corresponding to the above-listed
proceedings. This will allow those
interested parties to make any necessary
amendments and resubmit their entries
of appearance. If no amendments need
to be made, the interested party should
indicate in the area on the ACCESS form
requesting an explanation for the
amendment that it is resubmitting its
entry of appearance for inclusion in the
annual inquiry service list for the
following year. As mentioned in the
Final Rule,13 once the petitioners and
foreign governments have submitted an
entry of appearance for the first time,
they will automatically be added to the
updated annual inquiry service list each
year.
Interested parties have 30 days after
the date of this notice to submit new or
amended entries of appearance.
Commerce will then finalize the annual
inquiry service lists five business days
thereafter. For ease of administration,
please note that Commerce requests that
law firms with more than one attorney
representing interested parties in a
proceeding designate a lead attorney to
be included on the annual inquiry
service list.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
13 See
PO 00000
Final Rule, 86 FR at 52335.
Frm 00009
Fmt 4703
Sfmt 4703
placed on the annual inquiry service list
in the years that follow.’’ 14
Accordingly, as stated above and
pursuant to 19 CFR 351.225(n)(3), the
petitioners and foreign governments
will not need to resubmit their entries
of appearance each year to continue to
be included on the annual inquiry
service list. However, the petitioners
and foreign governments are responsible
for making amendments to their entries
of appearance during the annual update
to the annual inquiry service list in
accordance with the procedures
described above.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: September 27, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2022–21363 Filed 9–30–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–884]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea: Notice of
Court Decision Not in Harmony With
the Results of Countervailing Duty
Review; Notice of Amended Final
Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 19, 2022, the
U.S. Court of International Trade (CIT)
issued its final judgment in Hyundai
Steel Company v. United States, Court
No. 20–03799, sustaining the U.S.
Department of Commerce’s (Commerce)
first remand results pertaining to the
administrative review of the
countervailing duty (CVD) order on
certain hot-rolled steel flat products
(HRS) from the Republic of Korea
(Korea) covering the period of review
(POR) January 1, 2017, through
December 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 countervailable
subsidy rate assigned to Hyundai Steel
Company (Hyundai Steel).
DATES: Applicable September 29, 2022.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon, AD/CVD Operations,
AGENCY:
14 Id.
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03OCN1
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Notices
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 October 9, 2020, Commerce
published its Final Results in the 2017
CVD administrative review of HRS from
Korea. In the Final Results, Commerce,
after examining the information on the
record, found that Hyundai Steel
received additional benefits from certain
other fees under the Port of Incheon
program (i.e., harbor exclusive usage
fee(s)) that are measurable.1 We found
that, because necessary information was
not available on the record with respect
to these fees, it was appropriate to
calculate the benefit from them based on
facts available, pursuant to section
776(a)(1) of the Tariff Act of 1930, as
amended (the Act). Commerce
computed a 0.06 percent ad valorem
subsidy rate for the provision of port
usage rights at the Port of Incheon
program.
Hyundai Steel appealed Commerce’s
Final Results. On August 27, 2021, the
CIT remanded the Final Results to
Commerce to reconsider our application
of facts available and, if appropriate, the
rate assigned to Hyundai Steel.2
In its final remand redetermination,
issued in October 2021, Commerce
recalculated the benefit amount
Hyundai Steel received under the
provision of port usage rights at the Port
of Incheon program. As a result of our
redetermination, we find that Hyundai
Steel’s overall subsidy rate for the POR
is de minimis.3 The CIT sustained
Commerce’s final redetermination.4
lotter on DSK11XQN23PROD with NOTICES1
Timken Notice
In its decision in Timken,5 as clarified
by Diamond Sawblades,6 the U.S. Court
1 See Certain Hot-Rolled Steel Flat Products from
the Republic of Korea: Final Results of
Countervailing Duty Administrative Review, 2017,
85 FR 64122 (October 9, 2020) (Final Results), and
accompanying Issues and Decision Memorandum,
at Comment 6.
2 See Hyundai Steel Company v. United States,
Court No. 20–03799, Slip Opinion 21–112 at 6–7
(CIT August 27, 2021).
3 See Final Results of Redetermination Pursuant
to Court Remand, Hyundai Steel Company v.
United States, Court No. 20–03799, Slip Op. 21–112
(CIT August 27, 2021), dated October 20, 2021,
available at https://access.trade.gov/resources/
remands/21-122.pdf.
4 See Hyundai Steel Company v. United States,
Court No. 20–03799, Slip Opinion 22–109 at 10
(CIT September 19, 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).
VerDate Sep<11>2014
19:00 Sep 30, 2022
Jkt 259001
of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e)
of 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
September 19, 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.
59779
minimis,8 we will instruct CBP to
liquidate the appropriate entries
without regard to CVDs.
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 27, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2022–21364 Filed 9–30–22; 8:45 am]
BILLING CODE 3510–DS–P
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to Hyundai
Steel as follows:
Subsidy rate
(percent ad
valorem)
Company
Hyundai Steel Company 7 ....
0.46 *
* (de minimis)
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 of HRS from Korea that were
produced and/or exported by Hyundai
Steel Co., Ltd., (a/k/a Hyundai Steel
Company), that were the subject of
Commerce’s Final Results that were
entered, or withdrawn from warehouse,
for consumption, during the period
January 1, 2017, through December 31,
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 CVDs 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 CVDs 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
7 This company is also known as Hyundai Steel
Co., Ltd.
PO 00000
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Fmt 4703
Sfmt 4703
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:
DATES:
Applicable October 3, 2022.
FOR FURTHER INFORMATION CONTACT:
Commerce official identified in the
Initiation of Review section below at
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230. For
information from the ITC, contact Mary
Messer, Office of Investigations, U.S.
International Trade Commission at (202)
205–3193.
SUPPLEMENTARY INFORMATION:
Background
Commerce’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping
and Countervailing Duty Orders, 63 FR
13516 (March 20, 1998) and 70 FR
62061 (October 28, 2005). Guidance on
methodological or analytical issues
relevant to Commerce’s conduct of
Sunset Reviews is set forth in
8 See
E:\FR\FM\03OCN1.SGM
19 CFR 351.106(c)(2).
03OCN1
]]>Agencies
[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Notices]
[Pages 59778-59779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21364]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Notice of Court Decision Not in Harmony With the Results of
Countervailing Duty Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 19, 2022, the U.S. Court of International Trade
(CIT) issued its final judgment in Hyundai Steel Company v. United
States, Court No. 20-03799, sustaining the U.S. Department of
Commerce's (Commerce) first remand results pertaining to the
administrative review of the countervailing duty (CVD) order on certain
hot-rolled steel flat products (HRS) from the Republic of Korea (Korea)
covering the period of review (POR) January 1, 2017, through December
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 countervailable subsidy rate assigned to Hyundai
Steel Company (Hyundai Steel).
DATES: Applicable September 29, 2022.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations,
[[Page 59779]]
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 October 9, 2020, Commerce published its Final Results in the
2017 CVD administrative review of HRS from Korea. In the Final Results,
Commerce, after examining the information on the record, found that
Hyundai Steel received additional benefits from certain other fees
under the Port of Incheon program (i.e., harbor exclusive usage fee(s))
that are measurable.\1\ We found that, because necessary information
was not available on the record with respect to these fees, it was
appropriate to calculate the benefit from them based on facts
available, pursuant to section 776(a)(1) of the Tariff Act of 1930, as
amended (the Act). Commerce computed a 0.06 percent ad valorem subsidy
rate for the provision of port usage rights at the Port of Incheon
program.
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Final Results of Countervailing Duty Administrative
Review, 2017, 85 FR 64122 (October 9, 2020) (Final Results), and
accompanying Issues and Decision Memorandum, at Comment 6.
---------------------------------------------------------------------------
Hyundai Steel appealed Commerce's Final Results. On August 27,
2021, the CIT remanded the Final Results to Commerce to reconsider our
application of facts available and, if appropriate, the rate assigned
to Hyundai Steel.\2\
---------------------------------------------------------------------------
\2\ See Hyundai Steel Company v. United States, Court No. 20-
03799, Slip Opinion 21-112 at 6-7 (CIT August 27, 2021).
---------------------------------------------------------------------------
In its final remand redetermination, issued in October 2021,
Commerce recalculated the benefit amount Hyundai Steel received under
the provision of port usage rights at the Port of Incheon program. As a
result of our redetermination, we find that Hyundai Steel's overall
subsidy rate for the POR is de minimis.\3\ The CIT sustained Commerce's
final redetermination.\4\
---------------------------------------------------------------------------
\3\ See Final Results of Redetermination Pursuant to Court
Remand, Hyundai Steel Company v. United States, Court No. 20-03799,
Slip Op. 21-112 (CIT August 27, 2021), dated October 20, 2021,
available at https://access.trade.gov/resources/remands/21-122.pdf.
\4\ See Hyundai Steel Company v. United States, Court No. 20-
03799, Slip Opinion 22-109 at 10 (CIT September 19, 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 section 516A(c) and (e) of 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 September 19, 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 Hyundai Steel as follows:
---------------------------------------------------------------------------
\7\ This company is also known as Hyundai Steel Co., Ltd.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Hyundai Steel Company \7\.............................. 0.46 *
------------------------------------------------------------------------
* (de minimis)
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 of HRS from Korea that were produced and/or
exported by Hyundai Steel Co., Ltd., (a/k/a Hyundai Steel Company),
that were the subject of Commerce's Final Results that were entered, or
withdrawn from warehouse, for consumption, during the period January 1,
2017, through December 31, 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 CVDs 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 CVDs 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,\8\ we will instruct CBP to liquidate the appropriate entries
without regard to CVDs.
---------------------------------------------------------------------------
\8\ 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 27, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-21364 Filed 9-30-22; 8:45 am]
BILLING CODE 3510-DS-P
