Certain Carbon and Alloy Steel Cut-to-Length Plate From the Federal Republic of Germany: Notice of Court Decision Not in Harmony With the Amended Final Determination of Antidumping Investigation; Notice of Second Amended Final Determination, 1882-1883 [2024-00398]
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1882
Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Notices
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Dated: January 5, 2024.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2024–00367 Filed 1–10–24; 8:45 am]
BILLING CODE 3510–DR–P
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17:31 Jan 10, 2024
Jkt 262001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–844]
Certain Carbon and Alloy Steel Cut-toLength Plate From the Federal
Republic of Germany: Notice of Court
Decision Not in Harmony With the
Amended Final Determination of
Antidumping Investigation; Notice of
Second Amended Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 21, 2023, the
U.S. Court of International Trade (CIT)
issued its final judgment in AG der
Dillinger Hu¨ttenwerke v. United States,
Court No. 17–00158, sustaining the U.S.
Department of Commerce’s (Commerce)
fourth final results of redetermination
pertaining to the antidumping duty (AD)
investigation of certain carbon and alloy
steel cut-to-length plate (CTL plate)
from the Federal Republic of Germany
(Germany) covering the period April 1,
2015, through March 31, 2016.
Commerce is notifying the public that
the CIT’s final judgment is not in
harmony with Commerce’s amended
final determination and Commerce is
amending the amended final
determination with respect to the
dumping margins assigned to AG Der
Dillinger Hu¨ttenwerke (Dillinger) and
all other producers and exporters of
subject merchandise.
DATES: Applicable December 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Adam Simons, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6172.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 4, 2017, Commerce
published its final determination in the
AD investigation of CTL plate from
Germany.1 After correcting ministerial
errors in the Final Determination, on
May 25, 2017, Commerce published the
Amended Final Determination,
calculating estimated weighted-average
dumping margins of: 5.52 percent for
Dillinger; 22.90 percent for Ilsenburger
Grobblech GmbH, Salzgitter
Mannesmann Grobblech GmbH,
Salzgitter Flachstahl GmbH, and
1 See Certain Carbon and Alloy Steel Cut-toLength Plate from the Federal Republic of Germany:
Final Determination of Sales at Less Than Fair
Value, 82 FR 16360 (April 4, 2017) (Final
Determination).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Salzgitter Mannesmann International
GmbH (collectively, Salzgitter); and
21.04 percent for all other producers
and exporters.2 In this same notice,
Commerce published its AD order on
CTL plate from Germany.
Dillinger and Salzgitter appealed
Commerce’s Amended Final
Determination. On July 16, 2019, the
CIT remanded to Commerce to
reconsider its application of partial
adverse facts available (AFA) to certain
downstream home market sales reported
by Dillinger.3 Pursuant to Dillinger
Germany I, Commerce reconsidered
how it applied partial AFA to these
sales.4
On August 18, 2021, in Dillinger
Germany II, the CIT remanded to
Commerce to consider its reallocation of
costs between prime and non-prime
steel plate for Dillinger, among other
Dillinger cost issues, as well as the
application of a partial AFA
methodology to certain downstream
home market sales reported by
Salzgitter.5 In parallel with Dillinger
Germany II, the CIT issued a separate
memorandum and order sustaining
Commerce’s rejection of Dillinger’s
proposed quality code for sour service
pressure vessel plate and staying
Dillinger’s challenge to Commerce’s
rejection of the proposed quality code
for sour service petroleum transport
plate pending the outcome of the cost
issues on remand.6
On September 23, 2022, in Dillinger
Germany III, the CIT remanded to
Commerce to again reconsider its
selection of the facts otherwise available
for determining the cost of production
of Dillinger’s non-prime products.7 On
June 23, 2023, in Dillinger Germany IV,
the CIT sustained Commerce’s
determination to assign the ‘‘likely
2 See Certain Carbon and Alloy Steel Cut-toLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096 (May 25, 2017)
(Amended Final Determination).
3 See AG der Dillinger Hu
¨ ttenwerke v. United
States, 399 F. Supp. 3d 1247 (CIT 2019) (Dillinger
Germany I).
4 See Final Results of Redetermination Pursuant
to Court Remand, Certain Carbon and Alloy Steel
Cut-to-Length Plate from Germany, Court No. 17–
00158, Slip Op. 19–87 (CIT July 16, 2019), dated
October 8, 2019, available at https://access.trade.
gov/resources/remands/.
5 See AG der Dillinger Hu
¨ ttenwerke v. United
States, 534 F. Supp. 3d 1403 (CIT 2021) (Dillinger
Germany II).
6 See Memorandum and Order, ECF No. 121
(August 18, 2021).
7 See AG der Dillinger Hu
¨ ttenwerke v. United
States, 592 F. Supp. 3d 1344 (CIT 2022) (Dillinger
Germany III).
E:\FR\FM\11JAN1.SGM
11JAN1
Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Notices
selling price’’ recorded Dillinger’s books
and records as the cost of production for
non-prime plate and the application of
partial AFA to Salzgittter.8 However, the
CIT remanded Commerce’s modelmatch methodology, related specifically
to Commerce’s rejection of Dillinger’s
proposed quality code for sour service
petroleum transport plate, for further
explanation or, if appropriate,
reconsideration in light of Commerce’s
approach in Bohler.9
In its final results of redetermination,
issued on September 6, 2023, Commerce
reconsidered its rejection of Dillinger’s
proposed quality code for sour service
petroleum transport plate and included
this quality code in the control numbers
used in Dillinger’s margin
calculations.10 As a result of this
change, Dillinger’s final estimated
weighted-average dumping margin
became 4.99 percent. The CIT sustained
Commerce’s final results of
redetermination.11 While this revision
to Dillinger’s margin did not affect the
calculation of the all-others rate,
Commerce revised the all-others rate to
be 20.99 percent in the Second Remand
Redetermination.12 The CIT sustained
this aspect of Commerce’s
redetermination.13
ddrumheller on DSK120RN23PROD with NOTICES1
Timken Notice
In its decision in Timken,14 as
clarified by Diamond Sawblades,15 the
U.S. Court of Appeals for the Federal
Circuit held that, pursuant to section
516A(c) and (e) of the Tariff Act of 1930,
as amended (the Act), Commerce must
publish a notice of court decision that
8 See AG der Dillinger Hu
¨ ttenwerke v. United
States, Court No. 17–00158, Slip Op. 23–94 (CIT
2023) (Dillinger Germany IV).
9 See Dillinger Germany IV, Court No. 17–00158,
Slip Op. 23–94 at 4 and 25; see also Bohler Bleche
GMBH & Co. KG v. United States, 324 F. Supp. 3d
1344 (CIT 2018) (Bohler).
10 See Final Results of Redetermination Pursuant
to Court Remand; Certain Carbon and Alloy Steel
Cut-to-Length Plate from Germany, Court No. 17–
00158, Slip Op. 23–94 (CIT June 23, 2023), dated
September 6, 2023, available at https://
access.trade.gov/resources/remands/.
11 See AG Der Dillinger Hu
¨ ttenwerke, v. United
States, Court No. 17–00158, Slip Op. 23–187 (CIT
2023).
12 See Final Results of Redetermination Pursuant
to Court Remand; Certain Carbon and Alloy Steel
Cut-to-Length Plate from Germany, Court No. 17–
00158, Slip. Op. 21–101 (CIT August 18, 2021),
dated January 19, 2022 (Second Remand
Redetermination), available at https://
access.trade.gov/resources/remands/. As
a result of this redetermination, Commerce
reinstated the dumping margin for Salzgitter of
22.90 percent calculated in the Amended Final
Determination.
13 See Dillinger Germany III.
14 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
15 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
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17:31 Jan 10, 2024
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is not ‘‘in harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
December 21, 2023, judgment
constitutes a final decision of the CIT
that is not in harmony with Commerce’s
Amended Final Determination. Thus,
this notice is published in fulfillment of
the publication requirements of Timken.
Amended Final Determination
Because there is now a final court
judgment, Commerce is amending its
Amended Final Determination with
respect to Dillinger and all other
producers and/or exporters as follows:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
1883
In the Federal Register of July
5, 2023, the U.S. Department of
Commerce (Commerce) published a
notice of continuation of the
antidumping duty (AD) orders on
certain frozen warmwater shrimp from
the People’s Republic of China (China),
India, Thailand, and the Socialist
Republic of Vietnam (Vietnam). This
notice contained an incorrect scope of
the orders.
FOR FURTHER INFORMATION CONTACT:
Andrew Hart, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1058.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Correction
In the Federal Register of July 5,
2023, in FR Doc 2023–14181, on page
AG Der Dillinger Hu¨ttenwerke ....
4.99 42915 in the first and second columns,
All Others ....................................
20.99 correct the scope of the orders to state:
‘‘The scope of the orders includes
Cash Deposit Requirements
certain frozen warmwater shrimp and
prawns, whether wild caught (ocean
Because Dillinger has a superseding
harvested) or farm raised (produced by
cash deposit rate, i.e., there have been
aquaculture), head on or head off, shell
final results published in a subsequent
1
administrative review, we will not issue on or peeled, tail on or tail off,
deveined
or
not
deveined,
cooked
or
revised cash deposit instructions to U.S.
raw, or otherwise processed in frozen
Customs and Border Protection (CBP).
form.
This notice will not affect the current
The frozen warmwater shrimp and
cash deposit rate. For all other
prawn
products included in the scope of
producers and exporters, Commerce
the orders, regardless of definitions in
will issue revised cash deposit
the Harmonized Tariff Schedule of the
instructions to CBP.
United States (HTSUS), are products
Notification to Interested Parties
which are processed from warmwater
This notice is issued and published in shrimp and prawns through freezing
and which are sold in any count size.
accordance with sections 516A(c) and
The products described above may be
(e) and 777(i)(1) of the Act.
processed from any species of
Dated: January 5, 2024.
warmwater shrimp and prawns.
Abdelali Elouaradia,
Warmwater shrimp and prawns are
Deputy Assistant Secretary for Enforcement
generally classified in, but are not
and Compliance.
limited to, the Penaeidae family. Some
examples of the farmed and wild-caught
[FR Doc. 2024–00398 Filed 1–10–24; 8:45 am]
warmwater species include, but are not
BILLING CODE 3510–DS–P
limited to, white-leg shrimp (Penaeus
vannemei), banana prawn (Penaeus
DEPARTMENT OF COMMERCE
merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn
International Trade Administration
(Macrobrachium rosenbergii), giant tiger
prawn (Penaeus monodon), redspotted
[A–552–802, A–533–840, A–570–893, A–549– shrimp (Penaeus brasiliensis), southern
822]
brown shrimp (Penaeus subtilis),
southern pink shrimp (Penaeus
Certain Frozen Warmwater Shrimp
notialis), southern rough shrimp
From the People’s Republic of China,
(Trachypenaeus curvirostris), southern
India, Thailand, and the Socialist
white shrimp (Penaeus schmitti), blue
Republic of Vietnam: Continuation of
shrimp (Penaeus stylirostris), western
Antidumping Duty Orders; Correction
white shrimp (Penaeus occidentalis),
AGENCY: Enforcement and Compliance,
and Indian white prawn (Penaeus
International Trade Administration,
indicus).
Department of Commerce.
1 ‘‘Tails’’ in this context means the tail fan, which
ACTION: Notice; correction.
PO 00000
includes the telson and the uropods.
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Agencies
[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Notices]
[Pages 1882-1883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00398]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-844]
Certain Carbon and Alloy Steel Cut-to-Length Plate From the
Federal Republic of Germany: Notice of Court Decision Not in Harmony
With the Amended Final Determination of Antidumping Investigation;
Notice of Second Amended Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 21, 2023, the U.S. Court of International Trade
(CIT) issued its final judgment in AG der Dillinger H[uuml]ttenwerke v.
United States, Court No. 17-00158, sustaining the U.S. Department of
Commerce's (Commerce) fourth final results of redetermination
pertaining to the antidumping duty (AD) investigation of certain carbon
and alloy steel cut-to-length plate (CTL plate) from the Federal
Republic of Germany (Germany) covering the period April 1, 2015,
through March 31, 2016. Commerce is notifying the public that the CIT's
final judgment is not in harmony with Commerce's amended final
determination and Commerce is amending the amended final determination
with respect to the dumping margins assigned to AG Der Dillinger
H[uuml]ttenwerke (Dillinger) and all other producers and exporters of
subject merchandise.
DATES: Applicable December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6172.
SUPPLEMENTARY INFORMATION:
Background
On April 4, 2017, Commerce published its final determination in the
AD investigation of CTL plate from Germany.\1\ After correcting
ministerial errors in the Final Determination, on May 25, 2017,
Commerce published the Amended Final Determination, calculating
estimated weighted-average dumping margins of: 5.52 percent for
Dillinger; 22.90 percent for Ilsenburger Grobblech GmbH, Salzgitter
Mannesmann Grobblech GmbH, Salzgitter Flachstahl GmbH, and Salzgitter
Mannesmann International GmbH (collectively, Salzgitter); and 21.04
percent for all other producers and exporters.\2\ In this same notice,
Commerce published its AD order on CTL plate from Germany.
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Federal Republic of Germany: Final Determination of Sales at
Less Than Fair Value, 82 FR 16360 (April 4, 2017) (Final
Determination).
\2\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096 (May 25, 2017) (Amended Final Determination).
---------------------------------------------------------------------------
Dillinger and Salzgitter appealed Commerce's Amended Final
Determination. On July 16, 2019, the CIT remanded to Commerce to
reconsider its application of partial adverse facts available (AFA) to
certain downstream home market sales reported by Dillinger.\3\ Pursuant
to Dillinger Germany I, Commerce reconsidered how it applied partial
AFA to these sales.\4\
---------------------------------------------------------------------------
\3\ See AG der Dillinger H[uuml]ttenwerke v. United States, 399
F. Supp. 3d 1247 (CIT 2019) (Dillinger Germany I).
\4\ See Final Results of Redetermination Pursuant to Court
Remand, Certain Carbon and Alloy Steel Cut-to-Length Plate from
Germany, Court No. 17-00158, Slip Op. 19-87 (CIT July 16, 2019),
dated October 8, 2019, available at https://access.trade.gov/resources/remands/.
---------------------------------------------------------------------------
On August 18, 2021, in Dillinger Germany II, the CIT remanded to
Commerce to consider its reallocation of costs between prime and non-
prime steel plate for Dillinger, among other Dillinger cost issues, as
well as the application of a partial AFA methodology to certain
downstream home market sales reported by Salzgitter.\5\ In parallel
with Dillinger Germany II, the CIT issued a separate memorandum and
order sustaining Commerce's rejection of Dillinger's proposed quality
code for sour service pressure vessel plate and staying Dillinger's
challenge to Commerce's rejection of the proposed quality code for sour
service petroleum transport plate pending the outcome of the cost
issues on remand.\6\
---------------------------------------------------------------------------
\5\ See AG der Dillinger H[uuml]ttenwerke v. United States, 534
F. Supp. 3d 1403 (CIT 2021) (Dillinger Germany II).
\6\ See Memorandum and Order, ECF No. 121 (August 18, 2021).
---------------------------------------------------------------------------
On September 23, 2022, in Dillinger Germany III, the CIT remanded
to Commerce to again reconsider its selection of the facts otherwise
available for determining the cost of production of Dillinger's non-
prime products.\7\ On June 23, 2023, in Dillinger Germany IV, the CIT
sustained Commerce's determination to assign the ``likely
[[Page 1883]]
selling price'' recorded Dillinger's books and records as the cost of
production for non-prime plate and the application of partial AFA to
Salzgittter.\8\ However, the CIT remanded Commerce's model-match
methodology, related specifically to Commerce's rejection of
Dillinger's proposed quality code for sour service petroleum transport
plate, for further explanation or, if appropriate, reconsideration in
light of Commerce's approach in Bohler.\9\
---------------------------------------------------------------------------
\7\ See AG der Dillinger H[uuml]ttenwerke v. United States, 592
F. Supp. 3d 1344 (CIT 2022) (Dillinger Germany III).
\8\ See AG der Dillinger H[uuml]ttenwerke v. United States,
Court No. 17-00158, Slip Op. 23-94 (CIT 2023) (Dillinger Germany
IV).
\9\ See Dillinger Germany IV, Court No. 17-00158, Slip Op. 23-94
at 4 and 25; see also Bohler Bleche GMBH & Co. KG v. United States,
324 F. Supp. 3d 1344 (CIT 2018) (Bohler).
---------------------------------------------------------------------------
In its final results of redetermination, issued on September 6,
2023, Commerce reconsidered its rejection of Dillinger's proposed
quality code for sour service petroleum transport plate and included
this quality code in the control numbers used in Dillinger's margin
calculations.\10\ As a result of this change, Dillinger's final
estimated weighted-average dumping margin became 4.99 percent. The CIT
sustained Commerce's final results of redetermination.\11\ While this
revision to Dillinger's margin did not affect the calculation of the
all-others rate, Commerce revised the all-others rate to be 20.99
percent in the Second Remand Redetermination.\12\ The CIT sustained
this aspect of Commerce's redetermination.\13\
---------------------------------------------------------------------------
\10\ See Final Results of Redetermination Pursuant to Court
Remand; Certain Carbon and Alloy Steel Cut-to-Length Plate from
Germany, Court No. 17-00158, Slip Op. 23-94 (CIT June 23, 2023),
dated September 6, 2023, available at https://access.trade.gov/resources/remands/.
\11\ See AG Der Dillinger H[uuml]ttenwerke, v. United States,
Court No. 17-00158, Slip Op. 23-187 (CIT 2023).
\12\ See Final Results of Redetermination Pursuant to Court
Remand; Certain Carbon and Alloy Steel Cut-to-Length Plate from
Germany, Court No. 17-00158, Slip. Op. 21-101 (CIT August 18, 2021),
dated January 19, 2022 (Second Remand Redetermination), available at
https://access.trade.gov/resources/remands/. As a result
of this redetermination, Commerce reinstated the dumping margin for
Salzgitter of 22.90 percent calculated in the Amended Final
Determination.
\13\ See Dillinger Germany III.
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\14\ as clarified by Diamond
Sawblades,\15\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as
amended (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 December 21, 2023, judgment constitutes a final decision of
the CIT that is not in harmony with Commerce's Amended Final
Determination. Thus, this notice is published in fulfillment of the
publication requirements of Timken.
---------------------------------------------------------------------------
\14\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\15\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Amended Final Determination with respect to Dillinger and all other
producers and/or exporters as follows:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
AG Der Dillinger H[uuml]ttenwerke........................... 4.99
All Others.................................................. 20.99
------------------------------------------------------------------------
Cash Deposit Requirements
Because Dillinger 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. For all other producers and exporters,
Commerce will issue revised cash deposit instructions to CBP.
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: January 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-00398 Filed 1-10-24; 8:45 am]
BILLING CODE 3510-DS-P