Certain Corrosion-Resistant Steel Products From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Countervailing Duty Review; Notice of Amended Final Results, 9614-9615 [2025-02624]

Download as PDF 9614 Notices Federal Register Vol. 90, No. 30 Friday, February 14, 2025 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE khammond on DSK9W7S144PROD with NOTICES Submission for OMB Review; Comment Request The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Comments are requested regarding (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency’s estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments regarding this information collection received by March 17, 2025 will be considered. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. VerDate Sep<11>2014 16:06 Feb 13, 2025 Jkt 265001 Animal Plant and Health Inspection Service Title: Self Certification Medical Statement. OMB Control Number: 0579–0196. Summary of Collection: The United States Department of Agriculture is responsible for ensuring consumers that food and farm products are moved from producer to consumer in the most efficient, dependable, economical, and equitable system possible. Each year, the United States Department of Agriculture’s Marketing and Regulatory Programs (MRP) agency hires individuals for commodity grading and inspection positions to ensure this process is efficient and effective. These positions often involve arduous conditions and require direct contact with meat, dairy, fresh or processed fruits and vegetables, and poultry intended for human consumption; and cotton and tobacco products intended for consumer use. 5 CFR part 339 authorizes an agency to request medical information from an applicant that may assist management with employment decisions concerning covered positions that have specific medical or physical fitness requirements. APHIS will collect the applicant’s medical information using MRP Form 5 (Self-Certification Medical Statement). Need and Use of the Information: The information collected from prospective employees assists MRP officials, administrative personnel, and servicing Human Resources Offices in determining an applicant’s physical fitness and suitability for employment in positions with approved medical standards and physical requirements. If the information was not collected, APHIS would not be able to accurately determine the applicant’s fitness to safely perform the duties of the covered positions. Description of Respondents: Individuals. Number of Respondents: 175. Frequency of Responses: Reporting: On occasion. Total Burden Hours: 31. Rachelle Ragland-Greene, Departmental Information Collection Clearance Officer. [FR Doc. 2025–02613 Filed 2–13–25; 8:45 am] BILLING CODE 3410–34–P PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 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 Results of Countervailing Duty Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On January 17, 2025, the U.S. Court of International Trade (CIT) issued its final judgment in KG Dongbu Steel Co., Ltd., et al. v. United States, Court no. 22–00047, sustaining the U.S. Department of Commerce (Commerce)’s second 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, 2019, through December 31, 2019. 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 KG Dongbu Steel Co., Ltd. (KG Dongbu Steel); Dongbu Steel Co. Ltd. (Dongbu Steel); and Dongbu Incheon Steel Co., Ltd. (Dongbu Incheon Steel) (collectively, the Dongbu Steel Entity). DATES: Applicable January 27, 2025. FOR FURTHER INFORMATION CONTACT: Bob Palmer, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–9068. SUPPLEMENTARY INFORMATION: AGENCY: Background On January 19, 2022, Commerce published its Final Results in the 2019 CVD administrative review of CORE from Korea. Commerce determined that countervailable subsidies were provided to producers and exporters of CORE from Korea.1 1 See Certain Corrosion-Resistant Steel Products from the Republic of Korea: Final Results and Partial Rescission of Countervailing Duty E:\FR\FM\14FEN1.SGM 14FEN1 9615 Federal Register / Vol. 90, No. 30 / Friday, February 14, 2025 / Notices KG Dongbu Steel appealed Commerce’s Final Results. On July 7, 2023, the CIT remanded the Final Results to Commerce.2 The CIT ordered Commerce to reconsider or further explain Commerce’s determinations that: (1) the first through third debt-toequity restructurings provided a countervailable benefit; (2) Commerce’s determination that the benefits from debt-to-equity restructurings passed through from Dongbu Steel to KG Dongbu Steel despite a change in ownership; (3) whether Commerce’s calculations of the creditworthiness benchmark rate were supported by substantial evidence; and (4) whether Commerce’s calculation of the discount rate for equity upon finding KG Dongbu Steel not equity worthy was supported by substantial evidence.3 In its first remand redetermination, issued in July 2023, Commerce further explained its rationale for determining that the first through third debt-toequity restructurings provided a countervailable benefit, that a benefit 2025, the CIT sustained Commerce’s final redetermination in full.8 Timken Notice In its decision in Timken,9 as clarified by Diamond Sawblades,10 the 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 January 17, 2025, 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 KG Dongbu Steel as follows: Company Subsidy rate (percent ad valorem) KG Dongbu Steel Co., Ltd.; Dongbu Steel Co., Ltd.; Dongbu Incheon Steel Co., Ltd.11 .................................................. 5.89 Cash Deposit Requirements Because the Dongbu Steel Entity 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 and/or exported by KG Dongbu Steel (formerly, Dongbu Steel), and its cross-owned company, Dongbu Incheon Steel, and were entered, or withdrawn from warehouse, for consumption during the period January 1, 2019, through December 31, 2019. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. khammond on DSK9W7S144PROD with NOTICES passed from Dongbu Steel to the new ownership in KG Dongbu Steel and that the uncreditworthy benchmark rate and unequityworthy discount rate are supported by substantial evidence.4 Regarding the debt-to-equity restructurings, Commerce reiterated that the countervailability determination was attempting to fix in the fourth administrative review a mistake that was made in the three prior administrative reviews which determined KG Dongbu Steel benefited from the debt-to-equity restructuring.5 On April 3, 2024, the CIT remanded Commerce for a second time on each of the issues.6 In its second remand redetermination, issued in July 2024, Commerce determined, under protest, that no benefit was conferred through the first through third debt-to-equity restructurings and that the issue of whether benefits passed through to KG Dongbu Steel was moot.7 On January 17, Administrative Review, 87 FR 2760 (January 19, 2022) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 See KG Dongbu Steel Co., Ltd., et al. v. United States, 648 F. Supp. 3d 1353 (CIT July 7, 2023). 3 Id. 4 See Final Results of Redetermination Pursuant to Court Remand, KG Dongbu Steel Co., Ltd. v. United States, Court No. 22–00047, Slip Op. 23–98 (CIT July 7, 2023), dated October 5, 2023, available VerDate Sep<11>2014 16:06 Feb 13, 2025 Jkt 265001 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 the Dongbu Steel Entity 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,12 we will instruct CBP to liquidate the appropriate entries without regard to countervailing duties. Notification to Interested Parties Dated: February 7, 2025. Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2025–02624 Filed 2–13–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–845/C–201–846] Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review; Correction This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice; correction. at https://access.trade.gov/public/FinalRemand Redetermination.aspx. 5 Id. 6 See KG Dongbu Steel Co., Ltd., et al. v. United States, 695 F. Supp. 3d 1338 (CIT April 3, 2024). 7 See Final Results of Redetermination Pursuant to Court Remand, KG Dongbu Steel Co., Ltd. v. United States, Court No. 22–00047, Slip Op. 24–38 (CIT April 3, 2024), dated July 3, 2024, available at https://access.trade.gov/public/FinalRemand Redetermination.aspx. 8 See KG Dongbu Steel Co., Ltd., et al. v. United States, Slip Op. 25–7 (CIT January 17, 2025). 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). 11 Dongbu Steel Co., Ltd. changed its name to KG Dongbu Steel Co., Ltd. in 2020. 12 See 19 CFR 351.106(c)(2). PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\14FEN1.SGM 14FEN1

Agencies

[Federal Register Volume 90, Number 30 (Friday, February 14, 2025)]
[Notices]
[Pages 9614-9615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02624]


=======================================================================
-----------------------------------------------------------------------

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 Results of 
Countervailing Duty Review; Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 17, 2025, the U.S. Court of International Trade 
(CIT) issued its final judgment in KG Dongbu Steel Co., Ltd., et al. v. 
United States, Court no. 22-00047, sustaining the U.S. Department of 
Commerce (Commerce)'s second 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, 2019, through December 31, 2019. 
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 KG Dongbu Steel Co., Ltd. (KG 
Dongbu Steel); Dongbu Steel Co. Ltd. (Dongbu Steel); and Dongbu Incheon 
Steel Co., Ltd. (Dongbu Incheon Steel) (collectively, the Dongbu Steel 
Entity).

DATES: Applicable January 27, 2025.

FOR FURTHER INFORMATION CONTACT: Bob Palmer, AD/CVD Operations, Office 
VIII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-9068.

SUPPLEMENTARY INFORMATION:

Background

    On January 19, 2022, Commerce published its Final Results in the 
2019 CVD administrative review of CORE from Korea. Commerce determined 
that countervailable subsidies were provided to producers and exporters 
of CORE from Korea.\1\
---------------------------------------------------------------------------

    \1\ See Certain Corrosion-Resistant Steel Products from the 
Republic of Korea: Final Results and Partial Rescission of 
Countervailing Duty Administrative Review, 87 FR 2760 (January 19, 
2022) (Final Results), and accompanying Issues and Decision 
Memorandum (IDM).

---------------------------------------------------------------------------

[[Page 9615]]

    KG Dongbu Steel appealed Commerce's Final Results. On July 7, 2023, 
the CIT remanded the Final Results to Commerce.\2\ The CIT ordered 
Commerce to reconsider or further explain Commerce's determinations 
that: (1) the first through third debt-to-equity restructurings 
provided a countervailable benefit; (2) Commerce's determination that 
the benefits from debt-to-equity restructurings passed through from 
Dongbu Steel to KG Dongbu Steel despite a change in ownership; (3) 
whether Commerce's calculations of the creditworthiness benchmark rate 
were supported by substantial evidence; and (4) whether Commerce's 
calculation of the discount rate for equity upon finding KG Dongbu 
Steel not equity worthy was supported by substantial evidence.\3\
---------------------------------------------------------------------------

    \2\ See KG Dongbu Steel Co., Ltd., et al. v. United States, 648 
F. Supp. 3d 1353 (CIT July 7, 2023).
    \3\ Id.
---------------------------------------------------------------------------

    In its first remand redetermination, issued in July 2023, Commerce 
further explained its rationale for determining that the first through 
third debt-to-equity restructurings provided a countervailable benefit, 
that a benefit passed from Dongbu Steel to the new ownership in KG 
Dongbu Steel and that the uncreditworthy benchmark rate and 
unequityworthy discount rate are supported by substantial evidence.\4\ 
Regarding the debt-to-equity restructurings, Commerce reiterated that 
the countervailability determination was attempting to fix in the 
fourth administrative review a mistake that was made in the three prior 
administrative reviews which determined KG Dongbu Steel benefited from 
the debt-to-equity restructuring.\5\ On April 3, 2024, the CIT remanded 
Commerce for a second time on each of the issues.\6\
---------------------------------------------------------------------------

    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, KG Dongbu Steel Co., Ltd. v. United States, Court No. 22-
00047, Slip Op. 23-98 (CIT July 7, 2023), dated October 5, 2023, 
available at https://access.trade.gov/public/FinalRemandRedetermination.aspx.
    \5\ Id.
    \6\ See KG Dongbu Steel Co., Ltd., et al. v. United States, 695 
F. Supp. 3d 1338 (CIT April 3, 2024).
---------------------------------------------------------------------------

    In its second remand redetermination, issued in July 2024, Commerce 
determined, under protest, that no benefit was conferred through the 
first through third debt-to-equity restructurings and that the issue of 
whether benefits passed through to KG Dongbu Steel was moot.\7\ On 
January 17, 2025, the CIT sustained Commerce's final redetermination in 
full.\8\
---------------------------------------------------------------------------

    \7\ See Final Results of Redetermination Pursuant to Court 
Remand, KG Dongbu Steel Co., Ltd. v. United States, Court No. 22-
00047, Slip Op. 24-38 (CIT April 3, 2024), dated July 3, 2024, 
available at https://access.trade.gov/public/FinalRemandRedetermination.aspx.
    \8\ See KG Dongbu Steel Co., Ltd., et al. v. United States, Slip 
Op. 25-7 (CIT January 17, 2025).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ the 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 January 17, 2025, 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 KG Dongbu Steel as follows:
---------------------------------------------------------------------------

    \11\ Dongbu Steel Co., Ltd. changed its name to KG Dongbu Steel 
Co., Ltd. in 2020.

------------------------------------------------------------------------
                                                Subsidy rate (percent ad
                    Company                             valorem)
------------------------------------------------------------------------
KG Dongbu Steel Co., Ltd.; Dongbu Steel Co.,                       5.89
 Ltd.; Dongbu Incheon Steel Co., Ltd.\11\.....
------------------------------------------------------------------------

Cash Deposit Requirements

    Because the Dongbu Steel Entity 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 and/or exported by KG Dongbu 
Steel (formerly, Dongbu Steel), and its cross-owned company, Dongbu 
Incheon Steel, and were entered, or withdrawn from warehouse, for 
consumption during the period January 1, 2019, through December 31, 
2019. 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 the Dongbu Steel Entity 
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,\12\ we will instruct CBP to 
liquidate the appropriate entries without regard to countervailing 
duties.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

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: February 7, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2025-02624 Filed 2-13-25; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.