Certain Corrosion-Resistant Steel Products From the Republic of Korea: Notice of Court Decision Not in Harmony With the Final Results of Countervailing Duty Administrative Review; Notice of Amended Final Results, 17813-17814 [2024-05170]
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Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–879]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Notice of Court Decision Not in
Harmony With the Final Results of
Countervailing Duty Administrative
Review; Notice of Amended Final
Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 20, 2024, the
U.S. Court of International Trade (CIT)
issued its final judgment in Hyundai
Steel Co. v. United States, Court No. 21–
00304, sustaining the U.S. Department
of Commerce (Commerce)’s remand
results pertaining to the administrative
review of the countervailing duty (CVD)
order on certain corrosion-resistant steel
products (CORE) from the Republic of
Korea (Korea) covering the period
January 1, 2018, through December 31,
2018 (POR). Commerce is notifying the
public that the CIT’s final judgment is
not in harmony with Commerce’s final
results of the administrative review, and
that Commerce is amending the final
results with respect to the
countervailable subsidy rate assigned to
Hyundai Steel Company (Hyundai).
DATES: Applicable March 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2371.
SUPPLEMENTARY INFORMATION:
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
On June 1, 2021, Commerce published
its Final Results of the 2018 CVD
administrative review of CORE from
Korea.1 Commerce determined that
Hyundai received countervailable
subsidies from the Government of Korea
(GOK) under various programs,
including the Reduction for Sewerage
Fees program and the Provision of Port
Usage Rights at the Port of Incheon
program.2 With respect to the sewerage
fees program, we found that Hyundai’s
reduced sewerage bill reflected revenue
1 See Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Final Results and
Partial Rescission of Countervailing Duty
Administrative Review; 2018, 86 FR 29237 (June 1,
2021) (Final Results), and accompanying Issues and
Decision Memorandum (IDM).
2 See Final Results IDM at Comments 2 and 3.
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19:36 Mar 11, 2024
Jkt 262001
forgone, and we calculated a 0.01
percent ad valorem subsidy rate for the
program.3 With respect to the Port of
Incheon program, we found that
Hyundai received a financial
contribution in the form of revenue
forgone, because the GOK gave Hyundai
the right to collect berthing income and
harbor facility usage fees which
otherwise would have been collected by
the GOK. We calculated a 0.01 percent
ad valorem subsidy rate for the Port of
Incheon program.4
Hyundai appealed Commerce’s Final
Results. On January 11, 2022, the CIT,
at Commerce’s request, remanded
Commerce’s determination related to
the sewerage fees program.5 Thus, in its
first remand redetermination, issued
April 11, 2022, Commerce reexamined
the Reduction for Sewerage Fees
program and determined that the
program was not countervailable. On
September 26, 2023, the CIT sustained
Commerce’s first remand determination,
and further remanded Commerce’s final
determination that the Port of Incheon
program conferred a benefit.6 In its
second remand redetermination, issued
January 24, 2024, Commerce
reexamined the Port of Incheon program
and determined that the program does
not provide a measurable benefit. As a
result of these two remand
redeterminations, we adjusted the final
subsidy rate calculation from the
previous rate of 0.51 percent for
Hyundai to a new subsidy rate of 0.49
percent.7 On February 20, 2024, the CIT
sustained Commerce’s second remand
redetermination.8
Timken Notice
In its decision in Timken,9 as clarified
by Diamond Sawblades,10 the U.S.
Court of Appeals for the Federal Circuit
held that, pursuant to sections 516A(c)
and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must
3 Id.
at 6–7 and Comment 3.
at 7 and Comment 2.
5 See Hyundai Steel Co. v. United States, Court
No. 21–00304, ECF No. 26 (CIT January 11 2022).
6 Hyundai Steel Co. v. United States, 658 F. Supp.
3d 1331 (CIT September 26, 2023).
7 See Final Results of Redetermination Pursuant
to Court Remand, Hyundai Steel Co. v. United
States, Court No. 21–00304 (CIT January 11, 2022),
dated April 11, 2022; see also, Final Results of
Redetermination Pursuant to Court Remand,
Hyundai Steel Co. v. United States, Court No. 21–
00304, Slip Op. 23–142 (CIT September 26, 2023),
dated January 23, 2024.
8 See Hyundai Steel Company v. United States,
Court No. 21–00304, ECF No. 60 (CIT Feb. 20,
2024).
9 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
10 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
4 Id.
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Fmt 4703
Sfmt 4703
17813
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
February 20, 2024, judgment constitutes
a final decision of the CIT that is not in
harmony with Commerce’s Final
Results. Thus, this notice is published
in fulfillment of the publication
requirements of Timken.
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to the subsidy
rate assigned to Hyundai as follows:
Company
Subsidy rate
(percent ad
valorem)
Hyundai Steel Company .......
* 0.49
* De minimis.
Cash Deposit Requirements
Because Hyundai 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 Hyundai.
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that: were produced and/or
exported by Hyundai Steel Co., Ltd., (a/
k/a Hyundai Steel Company or Hyundai
Steel), and were entered, or withdrawn
from warehouse, for consumption
during the period January 1, 2018,
through December 31, 2018. 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 countervailing duties on
unliquidated entries of subject
merchandise produced and/or exported
by Hyundai Steel in accordance with 19
CFR 351.212(b). We will instruct CBP to
assess countervailing duties on all
appropriate entries covered by this
review when the ad valorem rate is not
zero or de minimis. Where an ad
valorem subsidy rate is zero or de
minimis,11 we will instruct CBP to
liquidate the appropriate entries
without regard to countervailing duties.
11 See
E:\FR\FM\12MRN1.SGM
19 CFR 351.106(c)(2).
12MRN1
17814
Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
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: March 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–05170 Filed 3–11–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–126; C–570–127]
Non-Refillable Steel Cylinders From
the People’s Republic of China: Final
Affirmative Determination of
Circumvention of the Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
non-refillable steel cylinders with water
capacities between 100 and 299 cubic
inches produced in the People’s
Republic of China (China) and exported
to the United States, are circumventing
the antidumping duty (AD) and
countervailing duty (CVD) orders on
certain non-refillable steel cylinders
(non-refillable cylinders) from China.
DATES: Applicable March 12, 2024.
FOR FURTHER INFORMATION CONTACT: Alex
Cipolla, 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) 482–4956.
SUPPLEMENTARY INFORMATION:
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
On May 11, 2021, Commerce
published in the Federal Register the
AD and CVD orders on non-refillable
cylinders from China.1 On June 1, 2023,
Commerce published the initiation of
this circumvention inquiry.2 On
November 21, 2023, Commerce
published the affirmative Preliminary
1 See Certain Non-Refillable Steel Cylinders from
the People’s Republic of China: Amended Final
Antidumping Duty Determination and
Antidumping Duty and Countervailing Duty Orders,
86 FR 25839 (May 11, 2021) (Orders).
2 See Non-Refillable Steel Cylinders from the
People’s Republic of China: Initiation of
Circumvention Inquiry of the Antidumping and
Countervailing Duty Orders; Water Capacities
Between 100 and 299 Cubic Inches, 88 FR 35839
(June 1, 2023) (Initiation Notice).
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19:36 Mar 11, 2024
Jkt 262001
Determination of the circumvention
inquiry of the AD and CVD Orders on
non-refillable cylinders from China with
respect to non-refillable cylinders with
water capacities between 100 and 299
cubic inches produced in China and
exported to the United States.3
Although we invited parties to comment
on the Preliminary Determination of this
inquiry, we received no comments.
Commerce conducted this
circumvention inquiry pursuant to
section 781(c) of the Tariff Act of 1930,
as amended (the Act) and 19 CFR
351.226(j).
Scope of the Orders
The merchandise covered by these
Orders is certain seamed (welded or
brazed), non-refillable steel cylinders
meeting the requirements of, or
produced to meet the requirements of,
U.S. Department of Transportation
(USDOT) Specification 39,
TransportCanada Specification 39M, or
United Nations pressure receptacle
standard ISO 11118 and otherwise
meeting the description provided below
(non-refillable steel cylinders). The
subject non-refillable steel cylinders are
portable and range from 300-cubic inch
(4.9 liter) water capacity to 1,526-cubic
inch (25 liter) water capacity. Subject
non-refillable steel cylinders may be
imported with or without a valve and/
or pressure release device and unfilled
at the time of importation. Nonrefillable steel cylinders filled with
pressurized air otherwise meeting the
physical description above are covered
by these Orders.
Specifically excluded are seamless
non-refillable steel cylinders.
The merchandise subject to these
Orders is properly classified under
statistical reporting numbers
7311.00.0060 and 7311.00.0090 of the
Harmonized Tariff Schedule of the
United States (HTSUS). The
merchandise may also enter under
HTSUS statistical reporting numbers
7310.29.0025 and 7310.29.0050.
Although the HTSUS statistical
reporting numbers are provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive.
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
non-refillable cylinders with water
3 See Non-Refillable Steel Cylinders from the
People’s Republic of China: Affirmative Preliminary
Determination of Circumvention of the
Antidumping and Countervailing Duty Orders, 88
FR 81051 (November 21, 2023) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum.
PO 00000
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Fmt 4703
Sfmt 4703
capacities between 100 and 299 cubic
inches produced in China and exported
to the United States.
Statutory and Regulatory Framework
We conducted this circumvention
inquiry pursuant to section 781(c) of the
Act and 19 CFR 351.226(j). For a
complete description of the
methodology underlying the
Preliminary Determination, see the
Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Affirmative Final Determination of
Circumvention
As detailed in the Preliminary
Determination, we determine that nonrefillable cylinders with water
capacities between 100 and 299 cubic
inches produced in China and exported
to the United States constitute
merchandise altered in form or
appearance in such minor respects that
they should be included within the
scope of the Orders, pursuant to section
781(c) of the Act and 19 CFR 351.226(j).
Commerce continues to apply this
affirmative circumvention finding on a
country-wide basis. Because we
received no comments regarding our
Preliminary Determination, our final
determination remains unchanged from
our Preliminary Determination, and no
memorandum accompanies this notice.
Therefore, we determine that it is
appropriate to include this merchandise
within the scope of the Orders and to
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
any entries of non-refillable cylinders
with water capacities between 100 and
299 cubic inches produced in China and
exported to the United States.
Suspension of Liquidation and Cash
Deposit Requirements
In accordance with 19 CFR
351.226(l)(3), based on this final
determination in this circumvention
inquiry, Commerce will direct CBP to
begin or continue to suspend
liquidation and to require cash deposits
of estimated duties equal to the AD and
CVD rates in effect for non-refillable
cylinders from China with water
capacities between 100 and 299 cubic
inches produced in China and exported
E:\FR\FM\12MRN1.SGM
12MRN1
]]>Agencies
[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17813-17814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05170]
[[Page 17813]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-879]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Notice of Court Decision Not in Harmony With the Final Results
of Countervailing Duty Administrative Review; Notice of Amended Final
Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 20, 2024, the U.S. Court of International Trade
(CIT) issued its final judgment in Hyundai Steel Co. v. United States,
Court No. 21-00304, sustaining the U.S. Department of Commerce
(Commerce)'s remand results pertaining to the administrative review of
the countervailing duty (CVD) order on certain corrosion-resistant
steel products (CORE) from the Republic of Korea (Korea) covering the
period January 1, 2018, through December 31, 2018 (POR). Commerce is
notifying the public that the CIT's final judgment is not in harmony
with Commerce's final results of the administrative review, and that
Commerce is amending the final results with respect to the
countervailable subsidy rate assigned to Hyundai Steel Company
(Hyundai).
DATES: Applicable March 1, 2024.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2371.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2021, Commerce published its Final Results of the 2018
CVD administrative review of CORE from Korea.\1\ Commerce determined
that Hyundai received countervailable subsidies from the Government of
Korea (GOK) under various programs, including the Reduction for
Sewerage Fees program and the Provision of Port Usage Rights at the
Port of Incheon program.\2\ With respect to the sewerage fees program,
we found that Hyundai's reduced sewerage bill reflected revenue
forgone, and we calculated a 0.01 percent ad valorem subsidy rate for
the program.\3\ With respect to the Port of Incheon program, we found
that Hyundai received a financial contribution in the form of revenue
forgone, because the GOK gave Hyundai the right to collect berthing
income and harbor facility usage fees which otherwise would have been
collected by the GOK. We calculated a 0.01 percent ad valorem subsidy
rate for the Port of Incheon program.\4\
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2018, 86 FR 29237 (June
1, 2021) (Final Results), and accompanying Issues and Decision
Memorandum (IDM).
\2\ See Final Results IDM at Comments 2 and 3.
\3\ Id. at 6-7 and Comment 3.
\4\ Id. at 7 and Comment 2.
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Hyundai appealed Commerce's Final Results. On January 11, 2022, the
CIT, at Commerce's request, remanded Commerce's determination related
to the sewerage fees program.\5\ Thus, in its first remand
redetermination, issued April 11, 2022, Commerce reexamined the
Reduction for Sewerage Fees program and determined that the program was
not countervailable. On September 26, 2023, the CIT sustained
Commerce's first remand determination, and further remanded Commerce's
final determination that the Port of Incheon program conferred a
benefit.\6\ In its second remand redetermination, issued January 24,
2024, Commerce reexamined the Port of Incheon program and determined
that the program does not provide a measurable benefit. As a result of
these two remand redeterminations, we adjusted the final subsidy rate
calculation from the previous rate of 0.51 percent for Hyundai to a new
subsidy rate of 0.49 percent.\7\ On February 20, 2024, the CIT
sustained Commerce's second remand redetermination.\8\
---------------------------------------------------------------------------
\5\ See Hyundai Steel Co. v. United States, Court No. 21-00304,
ECF No. 26 (CIT January 11 2022).
\6\ Hyundai Steel Co. v. United States, 658 F. Supp. 3d 1331
(CIT September 26, 2023).
\7\ See Final Results of Redetermination Pursuant to Court
Remand, Hyundai Steel Co. v. United States, Court No. 21-00304 (CIT
January 11, 2022), dated April 11, 2022; see also, Final Results of
Redetermination Pursuant to Court Remand, Hyundai Steel Co. v.
United States, Court No. 21-00304, Slip Op. 23-142 (CIT September
26, 2023), dated January 23, 2024.
\8\ See Hyundai Steel Company v. United States, Court No. 21-
00304, ECF No. 60 (CIT Feb. 20, 2024).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to sections 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 February 20, 2024, judgment constitutes a final decision of
the CIT that is not in harmony with Commerce's Final Results. Thus,
this notice is published in fulfillment of the publication requirements
of Timken.
---------------------------------------------------------------------------
\9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\10\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to the subsidy rate assigned to Hyundai
as follows:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Hyundai Steel Company................................... * 0.49
------------------------------------------------------------------------
* De minimis.
Cash Deposit Requirements
Because Hyundai 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 Hyundai.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were produced and/or exported by Hyundai
Steel Co., Ltd., (a/k/a Hyundai Steel Company or Hyundai Steel), and
were entered, or withdrawn from warehouse, for consumption during the
period January 1, 2018, through December 31, 2018. 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 countervailing duties on unliquidated entries of
subject merchandise produced and/or exported by Hyundai Steel in
accordance with 19 CFR 351.212(b). We will instruct CBP to assess
countervailing duties on all appropriate entries covered by this review
when the ad valorem rate is not zero or de minimis. Where an ad valorem
subsidy rate is zero or de minimis,\11\ we will instruct CBP to
liquidate the appropriate entries without regard to countervailing
duties.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
[[Page 17814]]
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: March 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-05170 Filed 3-11-24; 8:45 am]
BILLING CODE 3510-DS-P
