Certain Oil Country Tubular Goods From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results, 89370-89371 [2023-28526]
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89370
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Notices
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act, unless
extended.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Agreement
IV. Preliminary Results of Review
V. Recommendation
[FR Doc. 2023–28491 Filed 12–26–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–870]
Certain Oil Country Tubular Goods
From the Republic of Korea: Notice of
Court Decision Not in Harmony With
the Results of Antidumping Duty
Administrative Review; Notice of
Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 18, 2023, the
U.S. Court of International Trade (the
Court or CIT) issued its final judgment
in Hyundai Steel Company v. United
States, Consol. Court No. 22–00138, Slip
Op. 23–183, sustaining the U.S.
Department of Commerce’s (Commerce)
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
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19:00 Dec 26, 2023
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remand results pertaining to the
administrative review of the
antidumping duty (AD) order on certain
oil country tubular goods (OCTG) from
the Republic of Korea (Korea) covering
the period September 1, 2019, through
August 31, 2020. 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 AJU
Besteel Co., Ltd. (AJU Besteel), Husteel
Co., Ltd. (Husteel), Hyundai Steel
Company (Hyundai Steel), and
NEXTEEL Co., Ltd. (NEXTEEL).
DATES: Applicable December 18, 2023.
FOR FURTHER INFORMATION CONTACT:
Mike Heaney or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4475 or (202) 482–6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 8, 2022, Commerce
published its Final Results in the 2019–
2020 AD administrative review of OCTG
from Korea.1 In this administrative
review, Commerce selected two
mandatory respondents for individual
examination: Hyundai Steel and SeAH
Steel Corporation (SeAH). Commerce
calculated weighted-average dumping
margins of 19.54 percent for Hyundai
Steel, 3.85 percent for SeAH, and 11.70
percent for the non-examined
companies in the Final Results.2
Hyundai Steel, AJU Besteel, Husteel,
and NEXTEEL challenged the Final
Results on multiple grounds.3
In its Remand Order, the Court
sustained Commerce’s determination
with respect to three issues: the use of
proprietary third-country sales
information pertaining to SeAH in
calculations related to Hyundai Steel; 4
adjustments of reported general and
administrative expenses of Hyundai
Steel and its U.S. affiliate, Hyundai
Steel USA, Inc.; 5 and the application of
neutral facts available to adjust Hyundai
1 See Certain Oil Country Tubular Goods from the
Republic of Korea: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2019–2020, 87 FR
20815 (April 8, 2022) (Final Results), and
accompanying Issues and Decision Memorandum
(IDM).
2 Id., 87 FR at 20816.
3 See Hyundai Steel Company v. United States,
639 F. Supp. 3d 1325 (CIT 2023) (Remand Order).
4 Id. at 11–14.
5 Id. at 16–20.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Steel’s reported further manufacturing
costs to account for yield loss.6
However, the Court remanded three of
Commerce’s determinations for
Commerce to reconsider the issues and
reexamine the administrative record:
1. The calculation of Hyundai Steel’s
constructed export price (CEP) profit
(for which Commerce requested a
voluntary remand).7
2. The calculation of Hyundai Steel’s
constructed value (CV) profit and selling
expenses.8
3. The calculation of Hyundai Steel’s
CV profit cap.9
In its final results of redetermination
pursuant to the Remand Order issued
on July 16, 2021, Commerce
reconsidered the three determinations
listed above.10 In the Redetermination,
Commerce:
1. Revised the methodology of
calculation of CEP profit to rely on
Hyundai Steel’s actual sales data.11
2. Continued to use SeAH’s thirdcountry market sales to Kuwait in
calculating the CV profit and selling
expenses.12
3. Continued to use SeAH’s thirdcountry market sales to Kuwait in
calculating the CV profit cap.13
As a result, Commerce recalculated
the weighted-average dumping margin
for Hyundai Steel, which changed from
19.54 percent to 9.63 percent.14
Consequently, the dumping margin
applicable to the non-examined
companies AJU Besteel, Husteel, and
NEXTEEL changed from 11.70 percent
to 6.74 percent.15
On December 18, 2023, the CIT issued
its final judgment in Hyundai Steel
Company v. United States, Consol.
Court No. 22–00138, Slip Op. 23–183,
fully sustaining Commerce’s
Redetermination.16
Timken Notice
In its decision in Timken,17 as
clarified by Diamond Sawblades,18 the
6 Id.
7 Id.
at 21–24.
at 16.
8 Id.
9 Id.
10 See Final Results of Redetermination Pursuant
to Court Remand, Hyundai Steel Co. et al. v. United
States, Consolidated Court No. 22–00138, Slip Op.
23–87 (CIT June 9, 2023), dated August 15, 2023
(Redetermination).
11 Id. at 7–10 and 20–21.
12 Id. at 10–16 and 21–32.
13 Id. at 17–19 and 33–40.
14 Id. at 40.
15 Id.
16 See Hyundai Steel Company v. United States,
Consol. Court No. 22–00138, Slip Op. 23–183 (CIT
December 18, 2023).
17 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
18 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
E:\FR\FM\27DEN1.SGM
27DEN1
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Notices
U.S. Court of Appeals for the Federal
Circuit held that, pursuant to section
516A(e) of the Tariff Act of 1930, as
amended (the Act), Commerce must
publish a notice of a court decision not
‘‘in harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The
Court’s December 18, 2023, judgment
sustaining the Redetermination
constitutes a final decision of the Court
that is not in harmony with Commerce’s
Final Results. This notice is published
in fulfillment of the publication
requirement of Timken.
Amended Final Results
Because there is now a final court
decision, Commerce is amending the
Final Results with respect to AJU
Besteel, Husteel, Hyundai Steel, and
NEXTEEL for the period September 1,
2019, through August 31, 2020. The
revised dumping margins are as follows:
Weightedaverage
dumping
margin
(percent)
Exporter or producer
Hyundai Steel Company .............
AJU Besteel Co., Ltd ..................
Husteel Co., Ltd ..........................
NEXTEEL Co., Ltd .....................
9.63
6.74
6.74
6.74
will instruct CBP to assess ADs on all
appropriate entries covered by this
review when the importer-specific ad
valorem assessment rate is not zero or
de minimis. Where an importer-specific
ad valorem assessment rate is zero or de
minimis,19 we will instruct CBP to
liquidate the appropriate entries
without regard to ADs.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516(A)(c) and
(e) and 777(i)(1) of the Act.
Dated: December 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–28526 Filed 12–26–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Visiting Committee on Advanced
Technology
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
National Institute of
Standards and Technology (NIST)’s
Visiting Committee on Advanced
Technology (VCAT or Committee) will
meet on Wednesday, February 14, 2024,
from 10 a.m. to 6 p.m. eastern time.
DATES: The VCAT will meet on
Wednesday, February 14, 2024, from 10
a.m. to 6 p.m. eastern time.
ADDRESSES: The meeting will be a
virtual meeting via a virtual meeting
platform. Please note admittance
instructions under the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Stephanie Shaw, VCAT, NIST, 100
Bureau Drive, Mail Stop 1060,
Gaithersburg, Maryland 20899–1060,
telephone number 240–446–6000. Ms.
Shaw’s email address is
stephanie.shaw@nist.gov.
SUPPLEMENTARY INFORMATION:
Authority: 15 U.S.C. 278, as amended,
and the Federal Advisory Committee
Act, as amended, 5 U.S.C. ch. 10.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
ch. 10, notice is hereby given that the
VCAT will meet on Wednesday,
February 14, 2024, from 10 a.m. to 6
p.m. eastern time. The meeting will be
open to the public. The VCAT is
SUMMARY:
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
Because AJU Besteel, Husteel,
Hyundai Steel, and NEXTEEL have each
had a superseding cash deposit rate, i.e.,
there have been final results published
in a subsequent administrative review,
we will not issue revised cash deposit
instructions to U.S. Customs and Border
Protection (CBP). This notice will not
affect the current cash deposit rates.
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that were produced and exported
by AJU Besteel, Husteel, Hyundai Steel,
or NEXTEEL, and were entered, or
withdrawn from warehouse, for
consumption during the period
September 1, 2019, through August 31,
2020. Liquidation of these entries will
remain enjoined pursuant to the terms
of the injunction during the pendency of
any appeals process.
In the event the CIT’s ruling is not
appealed, or, if appealed, upheld by a
final and conclusive court decision,
Commerce intends to instruct CBP to
assess ADs on unliquidated entries of
subject merchandise produced and
exported by AJU Besteel, Husteel,
Hyundai Steel, or NEXTEEL, in
accordance with 19 CFR 351.212(b). We
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19:00 Dec 26, 2023
Jkt 262001
89371
composed of not fewer than 9 members
appointed by the NIST Director,
eminent in such fields as business,
research, new product development,
engineering, labor, education,
management consulting, environment,
and international relations. The primary
purpose of this meeting is for the VCAT
to review and make recommendations
regarding general policy for NIST, its
organization, its budget, and its
programs within the framework of
applicable national policies as set forth
by the President and the Congress. The
agenda will include an update on major
programs at NIST. The VCAT
Subcommittee on U.S. International
Standards Development Activity will
present their recommendations to the
full Committee. The Committee will
also present its initial observations,
findings, and recommendations for the
2023 VCAT Annual Report. The agenda
may change to accommodate Committee
business. The final agenda will be
posted on the NIST website at https://
www.nist.gov/director/vcat/agenda.cfm.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Committee’s business are invited to
request a place on the agenda by no later
than 5 p.m. eastern time, Thursday,
February 1, 2024 by contacting
Stephanie Shaw at stephanie.shaw@
nist.gov. Approximately one-half hour
will be reserved for public comments
and speaking times will be assigned on
a first-come, first-served basis. The
amount of time per speaker will be
determined by the number of requests
received but is likely to be about 3
minutes each. The exact time and date
for public comments will be included in
the final agenda that will be posted on
the NIST website at https://
www.nist.gov/director/vcat/agenda.cfm.
Questions from the public will not be
considered during this period. Speakers
who wish to expand upon their oral
statements, those who had wished to
speak but could not be accommodated
on the agenda, and those who were
unable to attend in person or via
webinar are invited to submit written
statements to Stephanie Shaw at
stephanie.shaw@nist.gov.
All participants will be attending via
a virtual meeting platform and must
contact Ms. Shaw at stephanie.shaw@
nist.gov by 5:00 p.m. eastern time,
Thursday, February 1, 2024, for detailed
instructions on how to join the meeting
via a virtual meeting platform.
Tamiko Ford,
NIST Executive Secretariat.
[FR Doc. 2023–28550 Filed 12–26–23; 8:45 am]
19 See
PO 00000
19 CFR 351.106(c)(2).
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BILLING CODE 3510–13–P
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]]>Agencies
[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Notices]
[Pages 89370-89371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28526]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods From the Republic of Korea:
Notice of Court Decision Not in Harmony With the Results of Antidumping
Duty Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 18, 2023, the U.S. Court of International Trade
(the Court or CIT) issued its final judgment in Hyundai Steel Company
v. United States, Consol. Court No. 22-00138, Slip Op. 23-183,
sustaining the U.S. Department of Commerce's (Commerce) remand results
pertaining to the administrative review of the antidumping duty (AD)
order on certain oil country tubular goods (OCTG) from the Republic of
Korea (Korea) covering the period September 1, 2019, through August 31,
2020. 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 AJU Besteel Co., Ltd. (AJU Besteel),
Husteel Co., Ltd. (Husteel), Hyundai Steel Company (Hyundai Steel), and
NEXTEEL Co., Ltd. (NEXTEEL).
DATES: Applicable December 18, 2023.
FOR FURTHER INFORMATION CONTACT: Mike Heaney or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4475 or (202) 482-6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 8, 2022, Commerce published its Final Results in the 2019-
2020 AD administrative review of OCTG from Korea.\1\ In this
administrative review, Commerce selected two mandatory respondents for
individual examination: Hyundai Steel and SeAH Steel Corporation
(SeAH). Commerce calculated weighted-average dumping margins of 19.54
percent for Hyundai Steel, 3.85 percent for SeAH, and 11.70 percent for
the non-examined companies in the Final Results.\2\ Hyundai Steel, AJU
Besteel, Husteel, and NEXTEEL challenged the Final Results on multiple
grounds.\3\
---------------------------------------------------------------------------
\1\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2019-2020, 87 FR 20815 (April
8, 2022) (Final Results), and accompanying Issues and Decision
Memorandum (IDM).
\2\ Id., 87 FR at 20816.
\3\ See Hyundai Steel Company v. United States, 639 F. Supp. 3d
1325 (CIT 2023) (Remand Order).
---------------------------------------------------------------------------
In its Remand Order, the Court sustained Commerce's determination
with respect to three issues: the use of proprietary third-country
sales information pertaining to SeAH in calculations related to Hyundai
Steel; \4\ adjustments of reported general and administrative expenses
of Hyundai Steel and its U.S. affiliate, Hyundai Steel USA, Inc.; \5\
and the application of neutral facts available to adjust Hyundai
Steel's reported further manufacturing costs to account for yield
loss.\6\ However, the Court remanded three of Commerce's determinations
for Commerce to reconsider the issues and reexamine the administrative
record:
---------------------------------------------------------------------------
\4\ Id. at 11-14.
\5\ Id. at 16-20.
\6\ Id. at 21-24.
---------------------------------------------------------------------------
1. The calculation of Hyundai Steel's constructed export price
(CEP) profit (for which Commerce requested a voluntary remand).\7\
---------------------------------------------------------------------------
\7\ Id. at 16.
---------------------------------------------------------------------------
2. The calculation of Hyundai Steel's constructed value (CV) profit
and selling expenses.\8\
---------------------------------------------------------------------------
\8\ Id.
---------------------------------------------------------------------------
3. The calculation of Hyundai Steel's CV profit cap.\9\
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
In its final results of redetermination pursuant to the Remand
Order issued on July 16, 2021, Commerce reconsidered the three
determinations listed above.\10\ In the Redetermination, Commerce:
---------------------------------------------------------------------------
\10\ See Final Results of Redetermination Pursuant to Court
Remand, Hyundai Steel Co. et al. v. United States, Consolidated
Court No. 22-00138, Slip Op. 23-87 (CIT June 9, 2023), dated August
15, 2023 (Redetermination).
---------------------------------------------------------------------------
1. Revised the methodology of calculation of CEP profit to rely on
Hyundai Steel's actual sales data.\11\
---------------------------------------------------------------------------
\11\ Id. at 7-10 and 20-21.
---------------------------------------------------------------------------
2. Continued to use SeAH's third-country market sales to Kuwait in
calculating the CV profit and selling expenses.\12\
---------------------------------------------------------------------------
\12\ Id. at 10-16 and 21-32.
---------------------------------------------------------------------------
3. Continued to use SeAH's third-country market sales to Kuwait in
calculating the CV profit cap.\13\
---------------------------------------------------------------------------
\13\ Id. at 17-19 and 33-40.
---------------------------------------------------------------------------
As a result, Commerce recalculated the weighted-average dumping
margin for Hyundai Steel, which changed from 19.54 percent to 9.63
percent.\14\ Consequently, the dumping margin applicable to the non-
examined companies AJU Besteel, Husteel, and NEXTEEL changed from 11.70
percent to 6.74 percent.\15\
---------------------------------------------------------------------------
\14\ Id. at 40.
\15\ Id.
---------------------------------------------------------------------------
On December 18, 2023, the CIT issued its final judgment in Hyundai
Steel Company v. United States, Consol. Court No. 22-00138, Slip Op.
23-183, fully sustaining Commerce's Redetermination.\16\
---------------------------------------------------------------------------
\16\ See Hyundai Steel Company v. United States, Consol. Court
No. 22-00138, Slip Op. 23-183 (CIT December 18, 2023).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\17\ as clarified by Diamond
Sawblades,\18\ the
[[Page 89371]]
U.S. Court of Appeals for the Federal Circuit held that, pursuant to
section 516A(e) of the Tariff Act of 1930, as amended (the Act),
Commerce must publish a notice of a court decision not ``in harmony''
with a Commerce determination and must suspend liquidation of entries
pending a ``conclusive'' court decision. The Court's December 18, 2023,
judgment sustaining the Redetermination constitutes a final decision of
the Court that is not in harmony with Commerce's Final Results. This
notice is published in fulfillment of the publication requirement of
Timken.
---------------------------------------------------------------------------
\17\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\18\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court decision, Commerce is amending
the Final Results with respect to AJU Besteel, Husteel, Hyundai Steel,
and NEXTEEL for the period September 1, 2019, through August 31, 2020.
The revised dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 9.63
AJU Besteel Co., Ltd........................................ 6.74
Husteel Co., Ltd............................................ 6.74
NEXTEEL Co., Ltd............................................ 6.74
------------------------------------------------------------------------
Cash Deposit Requirements
Because AJU Besteel, Husteel, Hyundai Steel, and NEXTEEL have each
had a superseding cash deposit rate, i.e., there have been final
results published in a subsequent administrative review, we will not
issue revised cash deposit instructions to U.S. Customs and Border
Protection (CBP). This notice will not affect the current cash deposit
rates.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were produced and exported by AJU Besteel,
Husteel, Hyundai Steel, or NEXTEEL, and were entered, or withdrawn from
warehouse, for consumption during the period September 1, 2019, through
August 31, 2020. Liquidation of these entries will remain enjoined
pursuant to the terms of the injunction during the pendency of any
appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess ADs on unliquidated entries of subject
merchandise produced and exported by AJU Besteel, Husteel, Hyundai
Steel, or NEXTEEL, in accordance with 19 CFR 351.212(b). We will
instruct CBP to assess ADs on all appropriate entries covered by this
review when the importer-specific ad valorem assessment rate is not
zero or de minimis. Where an importer-specific ad valorem assessment
rate is zero or de minimis,\19\ we will instruct CBP to liquidate the
appropriate entries without regard to ADs.
---------------------------------------------------------------------------
\19\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516(A)(c) and (e) and 777(i)(1) of the Act.
Dated: December 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-28526 Filed 12-26-23; 8:45 am]
BILLING CODE 3510-DS-P
