Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review
On June 28, 2012, the United States Court of International Trade (the Court) sustained the Department of Commerce's (the Department) final results of redetermination pursuant to the Court's second remand order. See United States Steel Corporation v. United States, Court No. 08-00216, Slip Op. 12-91 (U.S. Steel Corp. III); Final Results of Redetermination Pursuant to Second Court Remand, CIT Court No. 08-00216 (May 22, 2012) (Second Remand Results). The Court previously upheld other aspects of the Department's final results of the 2005-2006 administrative review of the antidumping duty on certain hot-rolled carbon steel flat products from India. See U.S. Steel Corp. v. United States, No. 08-00216, 2012 WL 1259085 (Ct. Int'l Trade Apr. 11, 2012) (opinion on first remand results) (U.S. Steel Corp. II); Final Results of Redetermination Pursuant to Court Remand, CIT Court No. 08-00216 (Oct. 3, 2011) (First Remand Results); U.S. Steel Corp. v. United States, No. 08-00216, 2011 WL 2421154 (Ct. Int'l Trade June 14, 2011) (opinion on final results) (U.S. Steel Corp. I); Certain Hot- Rolled Carbon Steel Flat Products from India: Notice of Final Results of Antidumping Duty Administrative Review, 73 FR 31,961 (June 5, 2008) (Final Results). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in Timken Co., v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's Final Results and is amending the final results of the administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products from India covering the period December 1, 2005, through November 30, 2006, with respect to the weighted-average dumping margin assigned to Essar Steel Limited (Essar).