Corrosion-Resistant Steel Products From Taiwan: Notice of Third Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision and Partial Exclusion From Antidumping Duty Order, 58245-58248 [2023-18386]
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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices
walled steel pipe and tube, of
rectangular (including square) cross
section, having a wall thickness of less
than 4 mm. The term carbon-quality
steel includes both carbon steel and
alloy steel which contains only small
amounts of alloying elements.
Specifically, the term carbon-quality
includes products in which none of the
elements listed below exceeds the
quantity by weight respectively
indicated: 1.80 percent of manganese, or
2.25 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum,
or 1.25 percent of chromium, or 0.30
percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of
niobium, or 0.15 percent vanadium, or
0.15 percent of zirconium. The
description of carbon-quality is
intended to identify carbon-quality
products within the scope. The welded
carbon-quality rectangular pipe and
tube subject to this Order is currently
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7306.61.50.00 and
7306.61.70.60. While HTSUS
subheadings are provided for
convenience and CBP’s customs
purposes, our written description of the
scope of the Order is dispositive.
Final Results of Administrative Review
As noted above, we received no
comments on, and made no changes to,
the Preliminary Results. We continue to
find that the sole mandatory
respondent, Ailong, is not eligible for a
separate rate, and, thus, is part of the
China-wide entity. In this
administrative review, no party
requested a review of the China-wide
entity, and Commerce did not selfinitiate a review of the China-wide
entity. Because no review of the Chinawide entity is being conducted, the
China-wide entity rate is not subject to
change as a result of this review. The
rate previously established for the
China-wide entity is 255.07 percent.3
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
Republic of Korea: Notice of Amended Final
Determination of Sales at Less Than Fair Value, 73
FR 45403 (August 5, 2008) (Order).
3 See Order, 73 FR 45403; see also
Implementation of Determinations Under Section
129 of the Uruguay Round Agreements Act: Certain
New Pneumatic Off-the-Road Tires; Circular
Welded Carbon Quality Steel Pipe; Laminated
Woven Sacks; and Light-Walled Rectangular Pipe
and Tube from the People’s Republic of China, 77
FR 52683 (August 30, 2012).
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18:23 Aug 24, 2023
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antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. We intend to instruct CBP to
apply an ad valorem assessment rate of
255.07 percent (i.e., the China-wide
entity rate), to all entries of subject
merchandise during the POR which
were exported by Ailong. Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of these final results
of this review in the Federal Register.
If a timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise from
China 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) for Ailong, that has not been
found to be entitled to a separate rate,
the cash deposit rate will be that for the
China-wide entity; (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters that received a
separate rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all Chinese
exporters of subject merchandise that
have not been found eligible for a
separate rate, the cash deposit rate will
be that for the China-wide entity; and
(4) for all non-Chinese exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification of Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during the POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
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58245
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
the final results of this review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: August 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–18385 Filed 8–24–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–856]
Corrosion-Resistant Steel Products
From Taiwan: Notice of Third Amended
Final Determination of Sales at Less
Than Fair Value Pursuant to Court
Decision and Partial Exclusion From
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 23, 2023, the U.S.
Court of International Trade (CIT)
sustained the U.S. Department of
Commerce’s (Commerce) second
remand redetermination concerning the
antidumping duty investigation of
certain corrosion-resistant steel
products (CORE) from Taiwan, which:
(1) reinstated the use of an adverse
inference in the calculation of
respondent Prosperity Tieh Enterprise
Co., Ltd.’s (Prosperity) reporting of yield
strength for CORE production, and (2)
reversed Commerce’s determination
from the investigation to collapse
mandatory respondent Prosperity with
the other mandatory respondent, the
Yieh Phui Enterprise Co., Ltd. (Yieh
Phui) and Synn Industrial Co., Ltd.
(Synn) single entity (collectively, Yieh
Phui/Synn). Accordingly, Commerce is
issuing a third amended final
determination for the less-than-fairvalue (LTFV) investigation of CORE
AGENCY:
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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices
from Taiwan. The determination to not
collapse Prosperity with the Yieh Phui/
Synn entity results in a negative
amended final determination of sales at
LTFV for Yieh Phui/Synn and, thus,
excludes Yieh Phui/Synn from the
antidumping duty order.
DATES: Applicable July 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Brendan Quinn, 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) 482–5848.
SUPPLEMENTARY INFORMATION:
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Background
The litigation in this case relates to
Commerce’s final determination in the
LTFV investigation of CORE from
Taiwan, which was later amended. In
the Preliminary Determination,
Commerce determined that Yieh Phui
and Synn comprised a single entity, and
no party challenged this determination
in its case brief. Thus, Commerce
continued to find Yieh Phui and Synn
to be a single entity in the Final
Determination.1 In the Final
Determination, Commerce further
determined that Prosperity was part of
the Synn single entity.2 With regard to
Prosperity and Synn, Commerce found
that Prosperity was affiliated with Synn,
and that it should be treated as a part
of the Synn single entity. As a result,
Commerce concluded that ‘‘{s}ince
Prosperity Tieh is collapsed with
{Synn}, and Yieh Phui is collapsed with
{Synn}, {as a result of} the potential for
manipulation of price and production
among the three companies comprising
the two collapsed entities, we find that
Prosperity Tieh/{Synn} and Yieh Phui/
{Synn} should be collapsed as a single
1 See Certain Corrosion-Resistant Steel Products
from Taiwan: Negative Preliminary Determination
of Sales at Less than Fair Value, 81 FR 72 (January
4, 2016), and accompanying Preliminary Decision
Memorandum (PDM) at 4; see also Certain
Corrosion-Resistant Steel Products from Taiwan:
Final Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of
Critical Circumstances, in Part, 81 FR 35313, 35314
(June 2, 2016) (Final Determination), and
accompanying Issues and Decision Memorandum
(IDM); and Memorandum, ‘‘Less Than Fair Value
Investigation of Certain Corrosion-Resistant Steel
Products from Taiwan: Final Affiliation and
Collapsing Memorandum,’’ dated May 24, 2016
(Final Collapsing Memo).
2 See Certain Corrosion Resistant Steel Products
(CORE) from India, Italy, China, Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390 (July 26,
2016) (Amended Final Determination and Order).
Although the Amended Final Determination
changed the weighted-average dumping margins, it
did not change the analysis from the Final
Determination.
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entity for purposes of the final
determination in this investigation.’’ 3
Also, in the Final Determination,
Commerce determined that Prosperity
misreported the yield strength of certain
of its sales of CORE, which resulted in
Commerce’s determination that
Prosperity failed to cooperate to the best
of its ability.4 To determine the costs of
the sales found to have been
misclassified by Prosperity, Commerce
resorted to partial adverse facts
available pursuant to sections
776(a)(2)(B) and (D) and 776(b) of the
Tariff Act of 1930, as amended (the
Act).5
Mandatory respondents, Prosperity
and Yieh Phui, each a Taiwanese
producer and exporter of CORE,
challenged aspects of Commerce’s final
affirmative LTFV determination before
the CIT, including Commerce’s single
entity determination with respect to
Prosperity and the Yieh Phui/Synn
entity and Commerce’s use of facts
otherwise available with an adverse
inference in response to Prosperity’s
reporting of yield strength. In Prosperity
I, the CIT ordered Commerce to: (1)
reconsider its decision to collapse
Prosperity with the Yieh Phui/Synn
entity; and (2) ‘‘correct the errors
resulting from {Commerce’s} unlawful
decision to use the facts otherwise
available and an adverse inference
pertaining to the yield strength
classification and coding of Prosperity’s
home market and U.S. market sales.’’ 6
In its First Redetermination Results,
Commerce: (1) reconsidered the
collapsing determination in accordance
with the CIT’s opinion, but continued to
treat Prosperity, Yieh Phui, and Synn as
a single-entity, consistent with 19 CFR
351.401(f); and (2) under respectful
protest, revised the Yieh Phui/
Prosperity/Synn entity’s weightedaverage dumping margin by using
Prosperity’s reported yield strength data
rather than facts otherwise available
with an adverse inference.7 In
Prosperity II, the CIT sustained
Commerce’s First Redetermination
Results.8 On February 26, 2019,
3 See Final Affiliation and Collapsing
Memorandum, at 9.
4 See Final Determination, 81 FR 35314, and
accompanying IDM at Comment 1.
5 Id.
6 See Prosperity Tieh Enter. Co. v. United States,
284 F. Supp. 3d 1364, 1382 (CIT 2018) (Prosperity
I).
7 See Final Results of Redetermination Pursuant
to Court Remand, Prosperity Tieh Enterprise Co.,
Ltd. et al. v. United States, Consol. Court No. 19–
00138, Slip Op 18–5 (CIT 2018), dated May 23,
2018 (First Redetermination Results).
8 See Prosperity Tieh Enter. Co. v. United States,
358 F. Supp. 3d 1363, 1370 (CIT 2018) (Prosperity
II).
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Commerce published the second
amended final determination and
notification of final judgment that is not
in harmony with Commerce’s amended
final determination of the antidumping
investigation.9
In Prosperity III, the U.S. Court of
Appeals for the Federal Circuit (Federal
Circuit) vacated the CIT’s judgment on
the collapsing issue in Prosperity II by
concluding that ‘‘Commerce acted
contrary to law when it collapsed
Prosperity, Yieh {Phui}, and Synn
without considering the {19 CFR}
351.401(f) factors as between the
relationships of Prosperity and Yieh
{Phui} or between Prosperity and Yieh
{Phui}/Synn . . . Commerce must
consider the ‘totality of circumstances’
between all entities when it evaluates
whether, for purposes of collapsing
entities, there is significant potential for
manipulation of price or production to
circumvent antidumping duties.’’ 10
Regarding Prosperity’s yield strength,
the Federal Circuit held that the CIT
‘‘erred when it reversed Commerce’s
finding that Prosperity misreported
yield strength,’’ and that ‘‘{s}ubstantial
evidence also supports Commerce’s
finding that Prosperity failed to provide
yield strength information based on the
ASTM industry standard.’’ 11
The Federal Circuit remanded to the
CIT for further proceedings consistent
with its opinion, and on September 1,
2021, the CIT issued its remand order,
ordering Commerce to reach a new
determination on whether collapsing is
appropriate, reinstate the use of facts
available with an adverse inference with
respect to Prosperity’s reporting of yield
strength which Commerce used in its
final and amended LTFV
determinations, and redetermine
margins, as appropriate, consistent with
Prosperity III.12 On February 14, 2022,
Commerce issued the second remand
redetermination, in which it reversed its
determination to collapse Prosperity
with the Yieh Phui/Synn single-entity
based on the lack of record evidence to
support a collapsing determination as to
Prosperity and Yieh Phui and reinstated
its use of AFA as to Prosperity’s
9 See Corrosion-Resistant Steel Products from
Taiwan: Notice of Court Decision Not in Harmony
With Final Determination of Antidumping Duty
Investigation and Notice of Amended Final
Determination of Investigation, 84 FR 6129
(February 26, 2019) (Second Amended Final
Determination and Timken Notice).
10 See Prosperity Tieh Enter. Co. v. United States,
965 F.3d 1320, 1326 (Fed. Cir. 2020) (Prosperity III);
Federal Circuit Mandate in Appeal #19–1400
(September 8, 2020), ECF. No. 132; see also
Prosperity Tieh Enter. Co. v. United States, 532 F.
Supp. 3d 1401 (CIT 2021) (Prosperity IV).
11 See Prosperity III, 965 F.3d at 1328.
12 See Prosperity IV, 532 F. Supp. 3d at 1401.
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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices
reporting of yield strength for CORE
production.13 On June 23, 2023, the CIT
issued its final judgment to sustain the
Second Redetermination Results
concerning the underlying LTFV
investigation of CORE from Taiwan.14
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually examined shall be equal to
the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. Prosperity is the only
respondent for which Commerce
calculated an estimated weightedaverage dumping margin that is not
zero, de minimis, or based entirely on
facts otherwise available. Therefore, for
purposes of determining the ‘‘all-others’’
rate, and pursuant to section
735(c)(5)(A) of the Act, we are using the
estimated weighted-average dumping
58247
margin calculated for Prosperity, as
referenced in the ‘‘Third Amended Final
Determination’’ section below.
Third Amended Final Determination
Because there is now a final court
decision, Commerce is amending the
Final Determination, Amended Final
Determination and Order, and Second
Amended Final Determination and
Timken Notice. The revised, amended
weighted-average dumping margins for
the period April 1, 2014, through March
31, 2015, are as follows:
Weighted-average
dumping margin
(percent)
Producer or exporter
Prosperity Tieh Enterprise Co., Ltd .............................................................................................................................................
Yieh Phui Enterprise Co., Ltd., and Synn Industrial Co., Ltd .....................................................................................................
All Others .....................................................................................................................................................................................
11.04
* 1.20
11.04
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* De minimis.
Partial Exclusion From Antidumping
Duty Order
Pursuant to section 735(a)(4) of the
Act, Commerce ‘‘shall disregard any
weighted average dumping margin that
is de minimis as defined in section
733(b)(3) of the Act.’’ Furthermore, and
pursuant to section 735(c)(2) of the Act,
‘‘the investigation shall be terminated
upon publication of that negative
determination,’’ and Commerce shall
‘‘terminate the suspension of
liquidation’’ and ‘‘release any bond or
other security, and refund any cash
deposit.’’ As a result of this amended
final determination, in which
Commerce has calculated a de minimis
estimated weighted-average dumping
margin of 1.20 percent for Yieh Phui/
Synn, Commerce is hereby excluding
merchandise produced and exported by
Yieh Phui/Synn from the Order.
Accordingly, if the CIT’s ruling is not
appealed, or if appealed and upheld,
Commerce will direct U.S. Customs and
Border Protection (CBP) to refund cash
deposits pertaining to any suspended
entries produced and exported by Yieh
Phui/Synn.
Commerce applies the exclusion from
the Order to the producer/exporter
combination that was examined in the
investigation. Entries of subject
merchandise in any other producer/
exporter combination, e.g., merchandise
produced by a third party and exported
by Yieh Phui or Synn, or produced by
Yieh Phui or Synn and exported by a
third party, are subject to the cash
deposit requirements at the all-others
rate. We note, however, pursuant to
Timken, the suspension of liquidation
must continue during the pendency of
the appeals process.15 Accordingly, we
will instruct CBP to continue to suspend
liquidation of all unliquidated Yieh
Phui/Synn entries referenced above
until appropriate liquidation
instructions are sent. As of the date of
the publication of this notice in the
Federal Register, a cash deposit rate of
0.00 percent will be the applicable cash
deposit rate for Yieh Phui/Synn entries
referenced above.
Lastly, as a result of the exclusion of
Yieh Phui/Synn from the Order,
Commerce is: (1) discontinuing the
ongoing administrative review of the
Order covering the 7/1/2021 through 6/
30/2022 period of review, in part, with
respect to Yieh Phui and Synn; and (2)
will not initiate any new administrative
reviews of Yieh Phui’s or Synn’s entries
pursuant to the Order.
13 See Final Results of Redetermination Pursuant
to Court Remand, Prosperity Tieh Enterprise Co.,
Ltd. et al. v. United States, Consol. Court No. 19–
00138, Slip Op. 21–113 (CIT 2021), dated February
14, 2022 (Second Redetermination Results).
14 See Prosperity Tieh Enterprise Co., Ltd. and
Yieh Phui Enterprise Co., Ltd. v. United States,
Consolidated Court No. 16–00138, Slip Op. 23–95
(CIT 2023) (Prosperity V).
15 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
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Cash Deposit Requirements
Since the Final Determination,
Commerce has established a new cash
deposit rate for Prosperity.16 Therefore,
this amended final determination has no
effect on subsequent cash deposit rates
determined for Prosperity. For all-other
producers and/or exporters, except for
companies that received their own rates
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in subsequent administrative reviews,
Commerce will issue revised cash
deposit instructions to CBP, adjusting
the cash deposit rate for all-other
producers and/or exporters to 11.04
percent, effective as of the date of this
publication of this notice.
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by Court orders from
liquidating entries that were produced
and exported by: (1) Prosperity and
imported by Prosperity Tieh USA; that
were subject of the United States
Department of Commerce’s final results
in Certain Corrosion-Resistant Steel
Products from Taiwan: Final Results of
Antidumping Duty Administrative
Review; 2017–2018, 85 FR 16613 (Dep’t
Commerce March 24, 2020); and that
were entered, or withdrawn from
warehouse, during the period 07/01/
2017 through 6/30/2018 (see CBP
message number 0101402, dated April
10, 2020); (2) Prosperity Tieh Enterprise
Co., Ltd and imported by Prosperity
Tieh USA, that were the subject of the
United States Department of
Commerce’s final results in Certain
Corrosion-Resistant Steel Products From
Taiwan: Final Results of Antidumping
Duty Administrative Review; 2016–2017,
83 FR 64527 (Dept Commerce Dec. 17,
2018), and that were entered, or
withdrawn from warehouse, on or after
June 2, 2016 up to and including June
16 See Certain Corrosion-Resistant Steel Products
from Taiwan: Amended Final Results of
Antidumping Duty Administrative Review; 2020–
2021, 88 FR 13779 (March 6, 2023).
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30, 2017 (see CBP message number
9035305, dated February 24, 2023); (3)
Yieh Phui Enterprise Co., Ltd; that were
the subject of the United States
Department of Commerce’s final
determination in the Certain CorrosionResistant Steel Products from Taiwan:
Final Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments 2020–
2021, 88 FR 7408 (February 3, 2023);
and that were entered or withdrawn
from warehouse, for consumption,
during the period July 1, 2020, through
June 30, 2021 (see CBP message
3055401, dated February 24, 2023); and
(4) Yieh Phui Enterprise Co., Ltd and
imported by Yieh Phui America, Inc.;
that were subject of the United States
Depart of Commerce’s final results in
Certain Corrosion-Resistant Steel
Products from Taiwan: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2019–2020, 87 FR 7106
(Dep’t Commerce Feb. 8, 2022); and that
were entered or withdrawn from
warehouse, on or after July 1, 2019 up
to and including June 30, 2020 (see CBP
message number 2074409, dated March
15, 2022).
These entries will remain enjoined
pursuant to the terms of the injunctions
issued in CIT Court No. 16–00138
during the pendency of any appeals
process.
Notification to Interested Parties
This notice of the amended final
determination is issued and published
in accordance with sections 735(d) and
516A(c)(1) and (e) of the Act.
Dated: August 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–18386 Filed 8–24–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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[RTID 0648–XD089]
Schedules for Atlantic Shark
Identification Workshops and
Protected Species Safe Handling,
Release, and Identification Workshops;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public workshops;
correction.
AGENCY:
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18:23 Aug 24, 2023
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NMFS cancelled the Safe
Handling, Release, and Identification
Workshop originally scheduled for
September 6, 2023, in Kenner, LA, and
the Atlantic Shark Identification
Workshop originally scheduled for
September 14, 2023, in Virginia Beach,
FL. The workshops were announced in
the Federal Register on June 21, 2023.
NMFS has rescheduled the Safe
Handing, Release, and Identification
Workshop for September 27, 2023 and
the Atlantic Shark Identification
Workshop for September 28, 2023.
DATES: The Safe Handling, Release, and
Identification Workshop originally
scheduled for September 6, 2023 is
rescheduled to September 27, 2023. The
Atlantic Shark Identification Workshop
originally scheduled for September 14,
2023 is rescheduled to September 28,
2023.
ADDRESSES: The locations of the
rescheduled workshops have not
changed. The Safe Handling, Release,
and Identification Workshop will be
held in Kenner, LA. The Atlantic Shark
Identification Workshop will be held in
Virginia Beach, VA.
FOR FURTHER INFORMATION CONTACT:
Peter Cooper by email at peter.cooper@
noaa.gov or by phone at 301–427–8503.
SUPPLEMENTARY INFORMATION: Atlantic
highly migratory species (HMS)
fisheries are managed under the
authority of the Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.)
and the Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.). The 2006
Consolidated Atlantic HMS Fishery
Management Plan and its amendments
are implemented by regulations at 50
CFR part 635. Section 635.8 describes
the requirements for the Safe Handling,
Release, and Identification Workshops
and Atlantic Shark Identification
Workshops. The workshop schedules,
registration information, and a list of
frequently asked questions regarding
Safe Handling, Release, and
Identification workshops and the
Atlantic Shark Identification are
available online at: https://
www.fisheries.noaa.gov/atlantic-highlymigratory-species/safe-handling-releaseand-identification-workshops and
https://www.fisheries.noaa.gov/atlantichighly-migratory-species/atlantic-sharkidentification-workshops.
SUMMARY:
Correction
In the Federal Register of June 21,
2023 (88 FR 40221) in FR Doc. 2023–
13186, on page 40222, in the first
column, the date of the second Atlantic
Shark Identification Workshop listed
under the heading ‘‘Workshop Dates,
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Times, and Location’’ is corrected to
read as follows:
2. September 28, 2023, 12 p.m.–4
p.m., Courtyard by Marriott-Virginia
Beach Norfolk, 5700 Greenwich Road,
Virginia Beach, VA 23462.
Also, in the Federal Register of June
21, 2023 (88 FR 40221) in FR Doc.
2023–13186, on page 40222, in the
second column, the date of the third
Safe Handing, Release, and
Identification Workshop listed under
the heading ‘‘Workshop Dates, Times,
and Location’’ is corrected to read as
follows:
3. September 27, 2023, 9 a.m.–5 p.m.,
Hilton New Orleans Airport, 901 Airline
Drive, Kenner, LA 70062.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 22, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–18365 Filed 8–24–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
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Agency Information Collection
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National Oceanic &
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Commerce.
ACTION: Notice of information collection,
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AGENCY:
The Department of
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(PRA), invites the general public and
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proposed, and continuing information
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SUMMARY:
E:\FR\FM\25AUN1.SGM
25AUN1
]]>Agencies
[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58245-58248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18386]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Corrosion-Resistant Steel Products From Taiwan: Notice of Third
Amended Final Determination of Sales at Less Than Fair Value Pursuant
to Court Decision and Partial Exclusion From Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 23, 2023, the U.S. Court of International Trade (CIT)
sustained the U.S. Department of Commerce's (Commerce) second remand
redetermination concerning the antidumping duty investigation of
certain corrosion-resistant steel products (CORE) from Taiwan, which:
(1) reinstated the use of an adverse inference in the calculation of
respondent Prosperity Tieh Enterprise Co., Ltd.'s (Prosperity)
reporting of yield strength for CORE production, and (2) reversed
Commerce's determination from the investigation to collapse mandatory
respondent Prosperity with the other mandatory respondent, the Yieh
Phui Enterprise Co., Ltd. (Yieh Phui) and Synn Industrial Co., Ltd.
(Synn) single entity (collectively, Yieh Phui/Synn). Accordingly,
Commerce is issuing a third amended final determination for the less-
than-fair-value (LTFV) investigation of CORE
[[Page 58246]]
from Taiwan. The determination to not collapse Prosperity with the Yieh
Phui/Synn entity results in a negative amended final determination of
sales at LTFV for Yieh Phui/Synn and, thus, excludes Yieh Phui/Synn
from the antidumping duty order.
DATES: Applicable July 3, 2023.
FOR FURTHER INFORMATION CONTACT: Brendan Quinn, 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) 482-5848.
SUPPLEMENTARY INFORMATION:
Background
The litigation in this case relates to Commerce's final
determination in the LTFV investigation of CORE from Taiwan, which was
later amended. In the Preliminary Determination, Commerce determined
that Yieh Phui and Synn comprised a single entity, and no party
challenged this determination in its case brief. Thus, Commerce
continued to find Yieh Phui and Synn to be a single entity in the Final
Determination.\1\ In the Final Determination, Commerce further
determined that Prosperity was part of the Synn single entity.\2\ With
regard to Prosperity and Synn, Commerce found that Prosperity was
affiliated with Synn, and that it should be treated as a part of the
Synn single entity. As a result, Commerce concluded that
``{s{time} ince Prosperity Tieh is collapsed with {Synn{time} , and
Yieh Phui is collapsed with {Synn{time} , {as a result of{time} the
potential for manipulation of price and production among the three
companies comprising the two collapsed entities, we find that
Prosperity Tieh/{Synn{time} and Yieh Phui/{Synn{time} should be
collapsed as a single entity for purposes of the final determination in
this investigation.'' \3\
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from Taiwan:
Negative Preliminary Determination of Sales at Less than Fair Value,
81 FR 72 (January 4, 2016), and accompanying Preliminary Decision
Memorandum (PDM) at 4; see also Certain Corrosion-Resistant Steel
Products from Taiwan: Final Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances,
in Part, 81 FR 35313, 35314 (June 2, 2016) (Final Determination),
and accompanying Issues and Decision Memorandum (IDM); and
Memorandum, ``Less Than Fair Value Investigation of Certain
Corrosion-Resistant Steel Products from Taiwan: Final Affiliation
and Collapsing Memorandum,'' dated May 24, 2016 (Final Collapsing
Memo).
\2\ See Certain Corrosion Resistant Steel Products (CORE) from
India, Italy, China, Korea and Taiwan: Amended Final Affirmative
Antidumping Determination for India and Taiwan, and Antidumping Duty
Orders, 81 FR 48390 (July 26, 2016) (Amended Final Determination and
Order). Although the Amended Final Determination changed the
weighted-average dumping margins, it did not change the analysis
from the Final Determination.
\3\ See Final Affiliation and Collapsing Memorandum, at 9.
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Also, in the Final Determination, Commerce determined that
Prosperity misreported the yield strength of certain of its sales of
CORE, which resulted in Commerce's determination that Prosperity failed
to cooperate to the best of its ability.\4\ To determine the costs of
the sales found to have been misclassified by Prosperity, Commerce
resorted to partial adverse facts available pursuant to sections
776(a)(2)(B) and (D) and 776(b) of the Tariff Act of 1930, as amended
(the Act).\5\
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\4\ See Final Determination, 81 FR 35314, and accompanying IDM
at Comment 1.
\5\ Id.
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Mandatory respondents, Prosperity and Yieh Phui, each a Taiwanese
producer and exporter of CORE, challenged aspects of Commerce's final
affirmative LTFV determination before the CIT, including Commerce's
single entity determination with respect to Prosperity and the Yieh
Phui/Synn entity and Commerce's use of facts otherwise available with
an adverse inference in response to Prosperity's reporting of yield
strength. In Prosperity I, the CIT ordered Commerce to: (1) reconsider
its decision to collapse Prosperity with the Yieh Phui/Synn entity; and
(2) ``correct the errors resulting from {Commerce's{time} unlawful
decision to use the facts otherwise available and an adverse inference
pertaining to the yield strength classification and coding of
Prosperity's home market and U.S. market sales.'' \6\ In its First
Redetermination Results, Commerce: (1) reconsidered the collapsing
determination in accordance with the CIT's opinion, but continued to
treat Prosperity, Yieh Phui, and Synn as a single-entity, consistent
with 19 CFR 351.401(f); and (2) under respectful protest, revised the
Yieh Phui/Prosperity/Synn entity's weighted-average dumping margin by
using Prosperity's reported yield strength data rather than facts
otherwise available with an adverse inference.\7\ In Prosperity II, the
CIT sustained Commerce's First Redetermination Results.\8\ On February
26, 2019, Commerce published the second amended final determination and
notification of final judgment that is not in harmony with Commerce's
amended final determination of the antidumping investigation.\9\
---------------------------------------------------------------------------
\6\ See Prosperity Tieh Enter. Co. v. United States, 284 F.
Supp. 3d 1364, 1382 (CIT 2018) (Prosperity I).
\7\ See Final Results of Redetermination Pursuant to Court
Remand, Prosperity Tieh Enterprise Co., Ltd. et al. v. United
States, Consol. Court No. 19-00138, Slip Op 18-5 (CIT 2018), dated
May 23, 2018 (First Redetermination Results).
\8\ See Prosperity Tieh Enter. Co. v. United States, 358 F.
Supp. 3d 1363, 1370 (CIT 2018) (Prosperity II).
\9\ See Corrosion-Resistant Steel Products from Taiwan: Notice
of Court Decision Not in Harmony With Final Determination of
Antidumping Duty Investigation and Notice of Amended Final
Determination of Investigation, 84 FR 6129 (February 26, 2019)
(Second Amended Final Determination and Timken Notice).
---------------------------------------------------------------------------
In Prosperity III, the U.S. Court of Appeals for the Federal
Circuit (Federal Circuit) vacated the CIT's judgment on the collapsing
issue in Prosperity II by concluding that ``Commerce acted contrary to
law when it collapsed Prosperity, Yieh {Phui{time} , and Synn without
considering the {19 CFR{time} 351.401(f) factors as between the
relationships of Prosperity and Yieh {Phui{time} or between Prosperity
and Yieh {Phui{time} /Synn . . . Commerce must consider the `totality
of circumstances' between all entities when it evaluates whether, for
purposes of collapsing entities, there is significant potential for
manipulation of price or production to circumvent antidumping duties.''
\10\ Regarding Prosperity's yield strength, the Federal Circuit held
that the CIT ``erred when it reversed Commerce's finding that
Prosperity misreported yield strength,'' and that ``{s{time} ubstantial
evidence also supports Commerce's finding that Prosperity failed to
provide yield strength information based on the ASTM industry
standard.'' \11\
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\10\ See Prosperity Tieh Enter. Co. v. United States, 965 F.3d
1320, 1326 (Fed. Cir. 2020) (Prosperity III); Federal Circuit
Mandate in Appeal #19-1400 (September 8, 2020), ECF. No. 132; see
also Prosperity Tieh Enter. Co. v. United States, 532 F. Supp. 3d
1401 (CIT 2021) (Prosperity IV).
\11\ See Prosperity III, 965 F.3d at 1328.
---------------------------------------------------------------------------
The Federal Circuit remanded to the CIT for further proceedings
consistent with its opinion, and on September 1, 2021, the CIT issued
its remand order, ordering Commerce to reach a new determination on
whether collapsing is appropriate, reinstate the use of facts available
with an adverse inference with respect to Prosperity's reporting of
yield strength which Commerce used in its final and amended LTFV
determinations, and redetermine margins, as appropriate, consistent
with Prosperity III.\12\ On February 14, 2022, Commerce issued the
second remand redetermination, in which it reversed its determination
to collapse Prosperity with the Yieh Phui/Synn single-entity based on
the lack of record evidence to support a collapsing determination as to
Prosperity and Yieh Phui and reinstated its use of AFA as to
Prosperity's
[[Page 58247]]
reporting of yield strength for CORE production.\13\ On June 23, 2023,
the CIT issued its final judgment to sustain the Second Redetermination
Results concerning the underlying LTFV investigation of CORE from
Taiwan.\14\
---------------------------------------------------------------------------
\12\ See Prosperity IV, 532 F. Supp. 3d at 1401.
\13\ See Final Results of Redetermination Pursuant to Court
Remand, Prosperity Tieh Enterprise Co., Ltd. et al. v. United
States, Consol. Court No. 19-00138, Slip Op. 21-113 (CIT 2021),
dated February 14, 2022 (Second Redetermination Results).
\14\ See Prosperity Tieh Enterprise Co., Ltd. and Yieh Phui
Enterprise Co., Ltd. v. United States, Consolidated Court No. 16-
00138, Slip Op. 23-95 (CIT 2023) (Prosperity V).
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually examined shall be equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated excluding rates that are zero,
de minimis, or determined entirely under section 776 of the Act.
Prosperity is the only respondent for which Commerce calculated an
estimated weighted-average dumping margin that is not zero, de minimis,
or based entirely on facts otherwise available. Therefore, for purposes
of determining the ``all-others'' rate, and pursuant to section
735(c)(5)(A) of the Act, we are using the estimated weighted-average
dumping margin calculated for Prosperity, as referenced in the ``Third
Amended Final Determination'' section below.
Third Amended Final Determination
Because there is now a final court decision, Commerce is amending
the Final Determination, Amended Final Determination and Order, and
Second Amended Final Determination and Timken Notice. The revised,
amended weighted-average dumping margins for the period April 1, 2014,
through March 31, 2015, are as follows:
------------------------------------------------------------------------
Weighted-average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd................. 11.04
Yieh Phui Enterprise Co., Ltd., and Synn Industrial * 1.20
Co., Ltd...........................................
All Others.......................................... 11.04
------------------------------------------------------------------------
* De minimis.
Partial Exclusion From Antidumping Duty Order
Pursuant to section 735(a)(4) of the Act, Commerce ``shall
disregard any weighted average dumping margin that is de minimis as
defined in section 733(b)(3) of the Act.'' Furthermore, and pursuant to
section 735(c)(2) of the Act, ``the investigation shall be terminated
upon publication of that negative determination,'' and Commerce shall
``terminate the suspension of liquidation'' and ``release any bond or
other security, and refund any cash deposit.'' As a result of this
amended final determination, in which Commerce has calculated a de
minimis estimated weighted-average dumping margin of 1.20 percent for
Yieh Phui/Synn, Commerce is hereby excluding merchandise produced and
exported by Yieh Phui/Synn from the Order. Accordingly, if the CIT's
ruling is not appealed, or if appealed and upheld, Commerce will direct
U.S. Customs and Border Protection (CBP) to refund cash deposits
pertaining to any suspended entries produced and exported by Yieh Phui/
Synn.
Commerce applies the exclusion from the Order to the producer/
exporter combination that was examined in the investigation. Entries of
subject merchandise in any other producer/exporter combination, e.g.,
merchandise produced by a third party and exported by Yieh Phui or
Synn, or produced by Yieh Phui or Synn and exported by a third party,
are subject to the cash deposit requirements at the all-others rate. We
note, however, pursuant to Timken, the suspension of liquidation must
continue during the pendency of the appeals process.\15\ Accordingly,
we will instruct CBP to continue to suspend liquidation of all
unliquidated Yieh Phui/Synn entries referenced above until appropriate
liquidation instructions are sent. As of the date of the publication of
this notice in the Federal Register, a cash deposit rate of 0.00
percent will be the applicable cash deposit rate for Yieh Phui/Synn
entries referenced above.
---------------------------------------------------------------------------
\15\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
---------------------------------------------------------------------------
Lastly, as a result of the exclusion of Yieh Phui/Synn from the
Order, Commerce is: (1) discontinuing the ongoing administrative review
of the Order covering the 7/1/2021 through 6/30/2022 period of review,
in part, with respect to Yieh Phui and Synn; and (2) will not initiate
any new administrative reviews of Yieh Phui's or Synn's entries
pursuant to the Order.
Cash Deposit Requirements
Since the Final Determination, Commerce has established a new cash
deposit rate for Prosperity.\16\ Therefore, this amended final
determination has no effect on subsequent cash deposit rates determined
for Prosperity. For all-other producers and/or exporters, except for
companies that received their own rates in subsequent administrative
reviews, Commerce will issue revised cash deposit instructions to CBP,
adjusting the cash deposit rate for all-other producers and/or
exporters to 11.04 percent, effective as of the date of this
publication of this notice.
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\16\ See Certain Corrosion-Resistant Steel Products from Taiwan:
Amended Final Results of Antidumping Duty Administrative Review;
2020-2021, 88 FR 13779 (March 6, 2023).
---------------------------------------------------------------------------
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by Court orders from
liquidating entries that were produced and exported by: (1) Prosperity
and imported by Prosperity Tieh USA; that were subject of the United
States Department of Commerce's final results in Certain Corrosion-
Resistant Steel Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2017-2018, 85 FR 16613 (Dep't Commerce March 24,
2020); and that were entered, or withdrawn from warehouse, during the
period 07/01/2017 through 6/30/2018 (see CBP message number 0101402,
dated April 10, 2020); (2) Prosperity Tieh Enterprise Co., Ltd and
imported by Prosperity Tieh USA, that were the subject of the United
States Department of Commerce's final results in Certain Corrosion-
Resistant Steel Products From Taiwan: Final Results of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 64527 (Dept Commerce Dec. 17,
2018), and that were entered, or withdrawn from warehouse, on or after
June 2, 2016 up to and including June
[[Page 58248]]
30, 2017 (see CBP message number 9035305, dated February 24, 2023); (3)
Yieh Phui Enterprise Co., Ltd; that were the subject of the United
States Department of Commerce's final determination in the Certain
Corrosion-Resistant Steel Products from Taiwan: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments 2020-2021, 88 FR 7408 (February 3, 2023); and that were
entered or withdrawn from warehouse, for consumption, during the period
July 1, 2020, through June 30, 2021 (see CBP message 3055401, dated
February 24, 2023); and (4) Yieh Phui Enterprise Co., Ltd and imported
by Yieh Phui America, Inc.; that were subject of the United States
Depart of Commerce's final results in Certain Corrosion-Resistant Steel
Products from Taiwan: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2019-2020, 87 FR 7106
(Dep't Commerce Feb. 8, 2022); and that were entered or withdrawn from
warehouse, on or after July 1, 2019 up to and including June 30, 2020
(see CBP message number 2074409, dated March 15, 2022).
These entries will remain enjoined pursuant to the terms of the
injunctions issued in CIT Court No. 16-00138 during the pendency of any
appeals process.
Notification to Interested Parties
This notice of the amended final determination is issued and
published in accordance with sections 735(d) and 516A(c)(1) and (e) of
the Act.
Dated: August 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-18386 Filed 8-24-23; 8:45 am]
BILLING CODE 3510-DS-P
