Certain Hot-Rolled Steel Flat Products From Japan: Notice of Court Decision Not in Harmony With the Final Results of the Antidumping Duty Administrative Review; Notice of Amended Final Results, 24432-24433 [2024-07379]
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Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, sections 702(c)(4)(D)
and 732(c)(4)(D) of the Act provide that,
if the petition does not establish support
of domestic producers or workers
accounting for more than 50 percent of
the total production of the domestic like
product, Commerce shall: (i) poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) if there is a
large number of producers, determine
industry support using a statistically
valid sampling method to poll the
industry.
Extension of Time
Sections 702(c)(1)(A) and 732(c)(1)(A)
of the Act provide that within 20 days
of the filing of an antidumping or
countervailing duty petition, Commerce
will determine, inter alia, whether the
petition has been filed by or on behalf
of the U.S. industry producing the
domestic like product. Sections
702(c)(1)(B) and 732(c)(1)(B) of the Act
provide that the deadline for the
initiation determination, in exceptional
circumstances, may be extended by 20
days in any case in which Commerce
must ‘‘poll or otherwise determine
support for the petition by the
industry.’’ Because it is not clear from
the Petitions whether the industry
support criteria have been met,
Commerce has determined it should
extend the time period for determining
whether to initiate the investigations in
order to further examine the issue of
industry support.
Commerce will need additional time
to gather and analyze additional
information regarding industry support.
Therefore, it is necessary to extend the
deadline for determining the adequacy
of the Petitions for a period not to
exceed 40 days from the filing of the
Petitions. As a result, Commerce’s
initiation determination will now be
due no later than April 23, 2024.
lotter on DSK11XQN23PROD with NOTICES1
International Trade Commission
Notification
Commerce will contact the U.S.
International Trade Commission (ITC)
and will make this extension notice
available to the ITC.
Dated: April 3, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2024–07408 Filed 4–5–24; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–874]
Certain Hot-Rolled Steel Flat Products
From Japan: Notice of Court Decision
Not in Harmony With the Final Results
of the Antidumping Duty
Administrative Review; Notice of
Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 26, 2024, the U.S.
Court of International Trade (CIT)
issued its final judgment in Optima
Steel International, LLC v. United
States, Court No. 1:23–cv–00108 (CIT
March 26, 2024), sustaining the U.S.
Department of Commerce’s (Commerce)
final remand results pertaining to the
antidumping duty administrative review
on certain hot-rolled steel flat products
from Japan, covering the period of
review (POR) October 1, 2020, through
September 30, 2021. Commerce is
notifying the public that the CIT’s final
judgment is not in harmony with the
final results of the administrative
review, and that Commerce is amending
its final results.
DATES: Applicable April 6, 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:
Background
On November 29, 2021, Commerce
initiated an administrative review with
respect to two producers/exporters of
subject merchandise, Nippon Steel
Corporation/Nippon Steel Nisshin Co.,
Ltd./Nippon Steel Trading Corporation
(collectively, NSC) and Tokyo Steel
Manufacturing Co., Ltd. (Tokyo Steel).1
On February 23, 2022, we selected NSC,
the producer/exporter accounting for
the largest volume of subject
merchandise entered during the POR, as
the mandatory respondent.2 On March
4, 2022, Tokyo Steel requested that
Commerce reconsider the respondent
selection and treat Tokyo Steel as a
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
67685 (November 29, 2021).
2 See Memorandum ‘‘Respondent Selection for
the 2020–2021 Antidumping Duty Administrative
Review of Certain Hot-Rolled Steel Flat Products
from Japan,’’ dated February 23, 2022.
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voluntary respondent.3 Thereafter, we
issued a memorandum in which we
determined that Commerce is unable to
individually examine Tokyo Steel as a
voluntary respondent in this
administrative review.4 On March 18,
2022, Tokyo Steel submitted its section
A questionnaire response as a voluntary
respondent.5 On April 15 and 18, 2022
Tokyo Steel submitted its sections B, C,
and D questionnaire responses.6 On
May 4, 2023, Commerce published its
final results for the 2020–2021 review.7
On August 9, 2023, Optima Steel
International LLC (Optima), an importer
of Tokyo Steel, challenged Commerce’s
Final Results for Commerce’s failure to
treat Tokyo Steel as a second mandatory
respondent. Commerce requested a
remand to conduct a review of Tokyo
Steel’s entries for the 2020–2021 review
period, which the CIT granted on
August 11, 2023. On March 12, 2024,
Commerce issued its final results of
redetermination calculating an
estimated weighted-average dumping
margin of 5.20 percent for Tokyo Steel.8
On March 26, 2024, the CIT sustained
Commerce’s Final Redetermination.9
Timken Notice
In its decision in Timken,10 as
clarified by Diamond Sawblades,11 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 a court decision that
is not ‘‘in harmony’’ with a Commerce
determination and must suspend
3 See Tokyo Steel’s Letter, ‘‘Tokyo Steel’s Request
for Reconsideration of Respondent Selection and
Request for Voluntary Respondent Treatment in the
Alternative; Certain Hot-Rolled Steel Flat Products
from Japan,’’ dated March 4, 2022.
4 See Memorandum ‘‘Respondent Selection for
the 2020–2021 Antidumping Duty Administrative
Review of Certain Hot-Rolled Steel Flat Products
from Japan,’’ dated April 6, 2022.
5 See Tokyo Steel’s Letter, ‘‘Tokyo Steel’s Section
A Questionnaire Response,’’ dated March 18, 2022.
6 See Tokyo Steel’s Letters, ‘‘Tokyo Steel’s
Section B Questionnaire Response,’’ dated April 15,
2022; ‘‘Tokyo Steel’s Section C Questionnaire
Response,’’ dated April 15, 2022; and ‘‘Tokyo
Steel’s Section D Questionnaire Response,’’ dated
April 18, 2022.
7 See Certain Hot-Rolled Steel Flat Products from
Japan: Final Results of Antidumping Duty
Administrative Review; 2020–2021, 88 FR 28500
(May 4, 2023) (Final Results), and accompanying
Issues and Decision Memorandum.
8 See Final Results of Redetermination Pursuant
to Court Remand, Optima Steel International, LLC
v. United States, Court No. 1:23–cv–00108 (CIT
August 11, 2023), dated March 12, 2024 (Final
Redetermination).
9 See Optima Steel International v. United States,
Court No. 1:23–cv–00108 (CIT March 26, 2024).
10 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
11 See Diamond Sawblades Mfrs. Coal. v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond
Sawblades).
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Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
March 26, 2024, judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Final
Results. 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 Tokyo
Steel’s weighted-average dumping
margin as follows:
Tokyo Steel Manufacturing Co.,
Ltd ...........................................
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
5.20
Cash Deposit Requirements
Because Tokyo Steel has a
superseding cash deposit rate, i.e., there
have been final results published in a
subsequent administrative review, we
will not issue revised cash deposit
instructions to U.S. Customs and Border
Protection (CBP). This notice will not
affect the current cash deposit rate.
lotter on DSK11XQN23PROD with NOTICES1
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that were produced by Tokyo
Steel and imported by Optima Steel
International, LLC and were entered, or
withdrawn from warehouse, for
consumption during the period October
1, 2020, through September 30, 2021.
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 antidumping duties on
unliquidated entries of subject
merchandise produced by Tokyo Steel
and imported by Optima Steel
International, LLC in accordance with
19 CFR 351.212(b), where appropriate.
Commerce intends to instruct CBP to
assess antidumping duties 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, Commerce intends to instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
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Dated: April 2, 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. 2024–07379 Filed 4–5–24; 8:45 am]
Weighted
average
dumping
margin
(percent)
Producer/exporter
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.
International Trade Administration
[C–570–157]
Aluminum Lithographic Printing Plates
From the People’s Republic of China:
Preliminary Determination of Critical
Circumstances, in Part, in the
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
critical circumstances exist, in part,
with respect to imports of aluminum
lithographic printing plates (printing
plates) from certain producers and
exporters from the People’s Republic of
China (China).
DATES: Applicable April 8, 2024.
FOR FURTHER INFORMATION CONTACT: Ajay
Menon, 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) 482–0208.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In response to a countervailing duty
(CVD) petition filed on September 28,
2023, Commerce published the
initiation of a CVD investigation on
printing plates from China.1 Further, on
March 1, 2024, Commerce published its
affirmative Preliminary Determination.2
In the Preliminary Determination, we
examined one participating mandatory
respondent, Fujifilm Printing Plate
1 See Aluminum Lithographic Printing Plates
from the People’s Republic of China: Initiation of
Countervailing Duty Investigation, 88 FR 73313
(October 25, 2023) (Initiation Notice).
2 See Aluminum Lithographic Printing Plates
from the People’s Republic of China: Preliminary
Affirmative Countervailing Duty Determination, and
Alignment of Final Determination with Final
Antidumping Duty Determination, 89 FR 15134
(March 1, 2024) (Preliminary Determination), and
accompanying Preliminary Determination
Memorandum (PDM).
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24433
(China) Co., Ltd. (FFPS), and assigned a
second respondent which failed to
participate, Shanghai National Ink Co.
Ltd. (Shanghai National), a rate based on
adverse facts available (AFA).3
On March 8, 2024, the petitioner,
Eastman Kodak Company, filed a timely
allegation, pursuant to section 703(e)(1)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.206, that
critical circumstances exist with respect
to imports of printing plates from
China.4 On March 14, 2024, FFPS filed
comments on the petitioner’s critical
circumstances allegation,5 to which the
petitioner responded on March 18,
2024.6
In accordance with section 703(e)(1)
of the Act and 19 CFR 351.206(c)(1) and
(2)(ii), because the petitioner submitted
its critical circumstances allegation
more than 30 days before the scheduled
date of the final determination,
Commerce will make a preliminary
finding as to whether there is a
reasonable basis to believe or suspect
that critical circumstances exist and will
issue a preliminary critical
circumstances determination within 30
days after the allegation is filed.
Critical Circumstances Allegation
The petitioner alleges that there was
a massive increase of imports of printing
plates from China and provided
monthly import data comparing a base
period of May 2023 through September
2023 to a comparison period of October
2023 through February 2024.7 The
petitioner asserts that this comparison
shows that imports of printing plates
from China increased by 56.10 percent,8
which is ‘‘massive’’ under 19 CFR
351.206(h)(2). The petitioner also
alleges that there is a reasonable basis to
believe that there are subsidies in this
investigation which are inconsistent
with the World Trade Organization’s
Agreement on Subsidies and
Countervailing Measures Agreement
(SCM Agreement).9
Critical Circumstances Analysis
Section 703(e)(1) of the Act provides
that Commerce will preliminarily
3 Id.
4 See Petitioner’s Letter, ‘‘Petitioner’s Allegation
of Critical Circumstances,’’ dated March 8, 2024
(Critical Circumstances Allegation).
5 See FFPS’ Letter, ‘‘FFPS Response to Critical
Circumstances Allegation,’’ dated March 14, 2024
(FFPS’ Critical Circumstances Response).
6 See Petitioner’s Letter, ‘‘Petitioner’s Comments
on FUJIJFILM Printing Plate (China) Co., Ltd.’s
Response to Critical Circumstances Allegation,’’
dated March 18, 2024 (Petitioner’s Critical
Circumstances Rebuttal Comments).
7 See Critical Circumstances Allegation at
Attachment 1.
8 Id. at 7.
9 Id. at 4.
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]]>Agencies
[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Notices]
[Pages 24432-24433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07379]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-874]
Certain Hot-Rolled Steel Flat Products From Japan: Notice of
Court Decision Not in Harmony With the Final Results of the Antidumping
Duty Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 26, 2024, the U.S. Court of International Trade (CIT)
issued its final judgment in Optima Steel International, LLC v. United
States, Court No. 1:23-cv-00108 (CIT March 26, 2024), sustaining the
U.S. Department of Commerce's (Commerce) final remand results
pertaining to the antidumping duty administrative review on certain
hot-rolled steel flat products from Japan, covering the period of
review (POR) October 1, 2020, through September 30, 2021. Commerce is
notifying the public that the CIT's final judgment is not in harmony
with the final results of the administrative review, and that Commerce
is amending its final results.
DATES: Applicable April 6, 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 November 29, 2021, Commerce initiated an administrative review
with respect to two producers/exporters of subject merchandise, Nippon
Steel Corporation/Nippon Steel Nisshin Co., Ltd./Nippon Steel Trading
Corporation (collectively, NSC) and Tokyo Steel Manufacturing Co., Ltd.
(Tokyo Steel).\1\ On February 23, 2022, we selected NSC, the producer/
exporter accounting for the largest volume of subject merchandise
entered during the POR, as the mandatory respondent.\2\ On March 4,
2022, Tokyo Steel requested that Commerce reconsider the respondent
selection and treat Tokyo Steel as a voluntary respondent.\3\
Thereafter, we issued a memorandum in which we determined that Commerce
is unable to individually examine Tokyo Steel as a voluntary respondent
in this administrative review.\4\ On March 18, 2022, Tokyo Steel
submitted its section A questionnaire response as a voluntary
respondent.\5\ On April 15 and 18, 2022 Tokyo Steel submitted its
sections B, C, and D questionnaire responses.\6\ On May 4, 2023,
Commerce published its final results for the 2020-2021 review.\7\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 67685 (November 29, 2021).
\2\ See Memorandum ``Respondent Selection for the 2020-2021
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel
Flat Products from Japan,'' dated February 23, 2022.
\3\ See Tokyo Steel's Letter, ``Tokyo Steel's Request for
Reconsideration of Respondent Selection and Request for Voluntary
Respondent Treatment in the Alternative; Certain Hot-Rolled Steel
Flat Products from Japan,'' dated March 4, 2022.
\4\ See Memorandum ``Respondent Selection for the 2020-2021
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel
Flat Products from Japan,'' dated April 6, 2022.
\5\ See Tokyo Steel's Letter, ``Tokyo Steel's Section A
Questionnaire Response,'' dated March 18, 2022.
\6\ See Tokyo Steel's Letters, ``Tokyo Steel's Section B
Questionnaire Response,'' dated April 15, 2022; ``Tokyo Steel's
Section C Questionnaire Response,'' dated April 15, 2022; and
``Tokyo Steel's Section D Questionnaire Response,'' dated April 18,
2022.
\7\ See Certain Hot-Rolled Steel Flat Products from Japan: Final
Results of Antidumping Duty Administrative Review; 2020-2021, 88 FR
28500 (May 4, 2023) (Final Results), and accompanying Issues and
Decision Memorandum.
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On August 9, 2023, Optima Steel International LLC (Optima), an
importer of Tokyo Steel, challenged Commerce's Final Results for
Commerce's failure to treat Tokyo Steel as a second mandatory
respondent. Commerce requested a remand to conduct a review of Tokyo
Steel's entries for the 2020-2021 review period, which the CIT granted
on August 11, 2023. On March 12, 2024, Commerce issued its final
results of redetermination calculating an estimated weighted-average
dumping margin of 5.20 percent for Tokyo Steel.\8\ On March 26, 2024,
the CIT sustained Commerce's Final Redetermination.\9\
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\8\ See Final Results of Redetermination Pursuant to Court
Remand, Optima Steel International, LLC v. United States, Court No.
1:23-cv-00108 (CIT August 11, 2023), dated March 12, 2024 (Final
Redetermination).
\9\ See Optima Steel International v. United States, Court No.
1:23-cv-00108 (CIT March 26, 2024).
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Timken Notice
In its decision in Timken,\10\ as clarified by Diamond
Sawblades,\11\ 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 a court decision
that is not ``in harmony'' with a Commerce determination and must
suspend
[[Page 24433]]
liquidation of entries pending a ``conclusive'' court decision. The
CIT's March 26, 2024, judgment constitutes a final decision of the CIT
that is not in harmony with Commerce's Final Results. This notice is
published in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------
\10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\11\ See Diamond Sawblades Mfrs. Coal. 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 Tokyo Steel's weighted-average
dumping margin as follows:
------------------------------------------------------------------------
Weighted
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Tokyo Steel Manufacturing Co., Ltd......................... 5.20
------------------------------------------------------------------------
Cash Deposit Requirements
Because Tokyo Steel has a superseding cash deposit rate, i.e.,
there have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were produced by Tokyo Steel and imported by
Optima Steel International, LLC and were entered, or withdrawn from
warehouse, for consumption during the period October 1, 2020, through
September 30, 2021. 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 antidumping duties on unliquidated entries of
subject merchandise produced by Tokyo Steel and imported by Optima
Steel International, LLC in accordance with 19 CFR 351.212(b), where
appropriate.
Commerce intends to instruct CBP to assess antidumping duties 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,
Commerce intends to instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
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: April 2, 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. 2024-07379 Filed 4-5-24; 8:45 am]
BILLING CODE 3510-DS-P
