82_FR_4856 82 FR 4846 - Certain Corrosion-Resistant Steel Flat Products From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results

82 FR 4846 - Certain Corrosion-Resistant Steel Flat Products From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 10 (January 17, 2017)

Page Range4846-4848
FR Document2017-00882

The Court of International Trade (CIT or Court) sustained in full the Department of Commerce's (the Department) second remand results pertaining to the fifteenth administrative review of the antidumping duty order on certain corrosion-resistant steel flat products from the Republic of Korea covering the period of August 1, 2007, through July 31, 2008. The Department is notifying the public that the final judgment in this case is not in harmony with the final results of the administrative review, and that the Department is amending the final results with respect to the weighted-average dumping margins assigned to Union Steel Manufacturing Co., Ltd. (Union), Hyundai HYSCO (HYSCO), and Dongbu Steel Co., Ltd. (Dongbu).

Federal Register, Volume 82 Issue 10 (Tuesday, January 17, 2017)
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4846-4848]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00882]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-816]


Certain Corrosion-Resistant Steel Flat Products From the Republic 
of Korea: Notice of Court Decision Not in Harmony With Final Results 
and Notice of Amended Final Results

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

SUMMARY: The Court of International Trade (CIT or Court) sustained in 
full the Department of Commerce's (the Department) second remand 
results pertaining to the fifteenth administrative review of the 
antidumping duty order on certain corrosion-resistant steel flat 
products from the Republic of Korea covering the period of August 1, 
2007, through July 31, 2008. The Department is notifying the public 
that the final judgment in this case is not in harmony with the final 
results of the administrative review, and that the Department is 
amending the final results with respect to the weighted-average dumping 
margins assigned to Union Steel Manufacturing Co., Ltd. (Union), 
Hyundai HYSCO (HYSCO), and Dongbu Steel Co., Ltd. (Dongbu).

DATES: Effective December 27, 2016.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore, 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) 482-3692.

SUPPLEMENTARY INFORMATION: 

Background

    On March 15, 2010, the Department of Commerce (the Department) 
issued the Final Results.\1\ Four parties contested the Department's 
findings in the Final Results. Three of the four plaintiffs, Union, 
HYSCO, and Dongbu, are Korean producers/exporters of certain corrosion-
resistant steel flat products (CORE). Union and HYSCO were mandatory 
respondents in the fifteenth administrative review; Dongbu was an 
unexamined respondent subject to the non-selected rate. The remaining 
plaintiff, United States Steel Corporation (U.S. Steel), was a 
petitioner in the fifteenth administrative review.
---------------------------------------------------------------------------

    \1\ See Certain Corrosion-Resistant Carbon Steel Flat Products 
from the Republic of Korea: Notice of Final Results of the Fifteenth 
Administrative Review, 75 FR 13490 (March 22, 2010) (Final Results) 
and accompanying Decision Memorandum (Final Decision Memorandum).
---------------------------------------------------------------------------

    In the Final Results, the Department assigned weighted-average 
dumping margins of 14.01 percent to Union and 3.29 percent to HYSCO.\2\ 
As an unexamined respondent, Dongbu received the margin of 8.65 percent 
that the Department assigned to all unexamined respondents, which the 
Department calculated as a simple average of the non-de-minimis margins 
of the examined respondents.\3\
---------------------------------------------------------------------------

    \2\ See Final Results, 75 FR at 13491.
    \3\ Id.
---------------------------------------------------------------------------

    On May 25, 2012, the CIT issued its opinion in Union Steel I, which 
remanded various aspects of the Final Results to the Department.\4\ In 
particular, the Court made the following holdings:
---------------------------------------------------------------------------

    \4\ See Union Steel Mfg. Co. v. United States, 837 F. Supp. 2d 
1307 (Ct. Int'l Trade 2012) (Union Steel I).

(1) the Department's decision to use financial data pertaining only 
to the 2008 fiscal year of Union's parent company in determining 
Union's interest expense ratio cannot be upheld on judicial review; 
(2) in response to defendant's request for a voluntary remand, the 
court will order the Department to reconsider the ``quarterly cost 
methodology to apply the ``recovery-of-costs'' test to home-market 
sales of Union and HYSCO and the ``indexing'' methodology wherever 
used in the Final Results; (3) on remand, the Department must 
reconsider the use in the Final Results of the quarterly-cost and

[[Page 4847]]

indexing methodologies for various other purposes; (4) the 
Department must reconsider its decision to depart from its normal 
method for selecting comparison months of normal value sales; (5) in 
response to defendant's request for a voluntary remand, the court 
will order the Department to reconsider its decision to compare 
laminated CORE and non-laminated, painted CORE as ``identical'' 
merchandise; (6) in response to defendant's request for a voluntary 
remand, the court will order that Commerce reconsider the use of the 
zeroing methodology in the fifteenth review; (7) no relief is 
available on Dongbu's claim seeking an individually-determined 
dumping margin; and (8) in response to the defendant's request for a 
voluntary remand, remand is appropriate on U.S. Steel's challenge to 
the date of sale used for certain sales by HYSCO through a U.S. 
affiliate. The court determines, in addition, that any modifications 
to the weighted-average dumping margins of Union and HYSCO resulting 
from this remand shall be reflected in the rate applied to 
Dongbu.\5\
---------------------------------------------------------------------------

    \5\ Id., at 1310, 1337-38.

    Pursuant to Union Steel I, the Department issued the First Remand 
Redetermination,\6\ in which it addressed the Court's holdings and 
revised Union's margin from 14.01 percent to 9.85 percent and HYSCO's 
margin from 3.29 percent to 1.46 percent.\7\ Again, based on a simple 
average of the margins calculated for Union and HYSCO, the Department 
changed Dongbu's margin from 8.65 percent to 5.56 percent.\8\
---------------------------------------------------------------------------

    \6\ See Results of Redetermination Pursuant to Remand (Sept. 24, 
2012) (First Remand Redetermination).
    \7\ See First Remand Redetermination at 67.
    \8\ Id.
---------------------------------------------------------------------------

    Following consideration of comments submitted to the CIT on the 
First Remand Redetermination and an oral argument, the Court issued its 
decision in Union Steel II, which affirmed in part, and remanded in 
part to the Department, various aspects of the First Remand 
Redetermination.\9\ In particular, the Court remanded for the 
Department to address:
---------------------------------------------------------------------------

    \9\ See Union Steel Mfg. Co. v. United States, 968 F. Supp. 2d 
1297 (Ct. Int'l Trade 2014) (Union Steel II).

(1) the decision to make a major input adjustment when calculating 
Union's interest expense ratio; (2) the application of the modified 
``quarterly cost'' methodology wherever used in the normal value 
calculations for Hyundai HYSCO . . . including the difference-in-
merchandise (``DIFMER'') adjustments and constructed value (``CV'') 
determinations; (3) the application of the modified ``quarterly 
cost'' methodology for all aspects of the normal value calculations 
for Union except the revised sales-below-cost and recovery-of-costs 
tests; (4) the decision to depart from the normal method for 
selecting a comparison month when determining antidumping margins 
for Union and HYSCO; and (5) the decision to depart from the normal 
method by selecting the date of shipment, rather than the date of 
invoice, as the date of sale for certain sales that HYSCO made 
through a U.S. affiliate, Hyundai HYSCO USA, Inc.\10\
---------------------------------------------------------------------------

    \10\ Id., at 1300, 1327-28.

The Court also instructed the Department to ``recalculate the margin 
for Dongbu based on the redetermined margins for Union and HYSCO.'' 
\11\
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

    In response to Union Steel II, the Department issued the Second 
Remand Redetermination in which it reconsidered the remanded issues and 
revised the 9.85 percent margin it previously determined for Union to 
9.83 percent.\12\ The Department revised HYSCO's margin from 1.46 
percent to 5.56 percent.\13\ Once again assigning Dongbu a margin based 
on a simple average of the Union and HYSCO margins, the Department 
changed Dongbu's margin from 5.56 percent to 7.70 percent.\14\
---------------------------------------------------------------------------

    \12\ See Results of Redetermination Pursuant to Remand, at 44 
(Aug. 1, 2014) (Second Remand Redetermination).
    \13\ Id.
    \14\ Id.
---------------------------------------------------------------------------

    In Union Steel III, the CIT sustained in full the Department's 
Second Remand Redetermination.\15\ In particular, the CIT sustained the 
Department's decision to depart from its 90/60-day window period 
regulation and to instead limit comparisons of individual U.S. sales to 
home market sales that occurred during the same quarter, based on the 
fact that the Department had relied on its quarterly cost methodology 
because there were significantly changing costs throughout the review 
period.\16\ Furthermore, the Court sustained the Department's 
determination to rely on invoice date instead of shipment date for 
determining the date of sale for HYSCO's U.S. sales in the Second 
Remand Redetermination, because certain evidence in HYSCO's 
questionnaire responses indicated that price remained subject to change 
after shipment.\17\ Finally, the Court sustained four other aspects of 
the Second Remand Redetermination, which were not challenged by any 
party: (1) The Department's calculation of Union Steel's interest 
expense ratio; (2) the Department's modification to its cost-recovery 
test as applied to HYSCO on remand, in which the Department 
discontinued relying on surrogate costs and relied instead on HYSCO's 
actual costs from the quarters in which there was production during the 
period of review; (3) the Department's decision to use unindexed 
quarterly cost data to calculate CV and DIFMER adjustments; and (4) the 
Department's use of a surrogate-based method in calculating CV and 
DIFMER adjustments, which was different than the method used when 
applying its cost-recovery test to HYSCO in the Department's First 
Remand Redetermination, which the Court had found objectionable in 
Union Steel II.\18\
---------------------------------------------------------------------------

    \15\ See Union Steel Mfg. Co. v. United States, Ct. Int'l Trade 
Slip Op. 16-117 (Dec. 15, 2016) (Union Steel III), at 2, 26.
    \16\ Id., at 16-20.
    \17\ Id., at 11-13.
    \18\ Id., at 5-11.
---------------------------------------------------------------------------

    Thus, in Union Steel III, the Court affirmed the following dumping 
margins as calculated by the Department in the Second Remand 
Redetermination: 9.83 percent for Union, 5.56 percent for HYSCO, and 
7.70 percent for Dongbu.

Timken Notice

    In its decision in Timken,\19\ as clarified by Diamond 
Sawblades,\20\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the 
Act), the Department must publish a notice of a court decision that is 
not ``in harmony'' with a Department determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's December 15, 2016, final judgement sustaining the Second Remand 
Redetermination constitutes a final decision of the Court that is not 
in harmony with the Department's Final Results. This notice is 
published in fulfillment of the publication requirements of Timken. 
Accordingly, the Department will continue the suspension of liquidation 
of the subject merchandise pending a final and conclusive court 
decision.
---------------------------------------------------------------------------

    \19\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \20\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Results

    Because there is now a final court decision, we are amending the 
Final Results with respect to the dumping margins calculated for Union, 
HYSCO, and Dongbu. Based on the Second Remand Redetermination, as 
affirmed by the CIT in Union Steel III, the revised dumping margins for 
Union, HYSCO, and Dongbu are 9.83 percent, 5.56 percent, and 7.70 
percent, respectively.
    In the event that the CIT's rulings are not appealed or, if 
appealed, is upheld by a final and conclusive court decision, the 
Department will instruct U.S. Customs and Border Protection (CBP) to 
assess antidumping duties on

[[Page 4848]]

unliquidated entries of subject merchandise based on the revised 
dumping margins listed above.

Cash Deposit Requirements

    The Department notified CBP to discontinue the collection of cash 
deposits on entries of the subject merchandise, entered or withdrawn 
from warehouse, on or after February 14, 2012, due to the revocation of 
the order.\21\ Therefore, no cash deposit requirements will be imposed 
as a result of these amended final results.
---------------------------------------------------------------------------

    \21\ See Corrosion-Resistant Carbon Steel Flat Products from 
Germany and the Republic of Korea: Revocation of Antidumping and 
Countervailing Duty Orders, 78 FR 16832, 16833 (March 19, 2013).
---------------------------------------------------------------------------

Notice to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: January 10, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance,
[FR Doc. 2017-00882 Filed 1-13-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                4846                          Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices

                                                instruct CBP to liquidate such entries at               with the regulations and the terms of an               DATES:   Effective December 27, 2016.
                                                the PRC-wide rate.                                      APO is a sanctionable violation.                       FOR FURTHER INFORMATION CONTACT:
                                                                                                          We are issuing and publishing these                  Stephanie Moore, AD/CVD Operations,
                                                Cash Deposit Requirements
                                                                                                        results of review in accordance with                   Office III, Enforcement and Compliance,
                                                   The following cash deposit                           sections 751(a)(1) and 777(i)(1) of the                International Trade Administration,
                                                requirements will be effective upon                     Act.                                                   U.S. Department of Commerce, 1401
                                                publication of the final results of this                                                                       Constitution Avenue NW., Washington,
                                                                                                          Dated: January 10, 2017.
                                                administrative review for all shipments                                                                        DC 20230; telephone: (202) 482–3692.
                                                of the subject merchandise entered, or                  Paul Piquado,
                                                                                                        Assistant Secretary for Enforcement and                SUPPLEMENTARY INFORMATION:
                                                withdrawn from warehouse, for
                                                consumption on or after the publication                 Compliance.                                            Background
                                                date, as provided for by section                        Appendix—List of Topics Discussed in                     On March 15, 2010, the Department of
                                                751(a)(2)(C) of the Act: (1) For the                    the Issues and Decision Memorandum                     Commerce (the Department) issued the
                                                exporters listed above, the cash deposit                                                                       Final Results.1 Four parties contested
                                                                                                        1. Summary
                                                rate will be equal to the weighted-                                                                            the Department’s findings in the Final
                                                                                                        2. Background
                                                average dumping margin established in                   3. Scope of the Order                                  Results. Three of the four plaintiffs,
                                                the final results of this review (except,               4. Discussion of the Issues                            Union, HYSCO, and Dongbu, are Korean
                                                if the rate is de minimis, then a cash                     a. Surrogate Value for Truck Freight                producers/exporters of certain
                                                deposit rate of zero will be established                   b. The Department Should Grant Yantai               corrosion-resistant steel flat products
                                                for that company); (2) for previously                         CMC a Separate Rate
                                                                                                                                                               (CORE). Union and HYSCO were
                                                investigated or reviewed PRC and non-                      c. The Denial of Separate Rate Status for
                                                                                                              Yantai CMC Is Not Supported by Record            mandatory respondents in the fifteenth
                                                PRC exporters not listed above that                                                                            administrative review; Dongbu was an
                                                currently have separate a rate, the cash                      Evidence
                                                                                                           d. The Rate Assigned to Yantai CMC                  unexamined respondent subject to the
                                                deposit rate will continue to be the                                                                           non-selected rate. The remaining
                                                                                                           e. The Department’s Separate Rates Test
                                                exporter-specific rate published for the                      and the Rate Assigned to Yantai CMC              plaintiff, United States Steel
                                                most recently completed segment of this                       Are Inconsistent With the WTO                    Corporation (U.S. Steel), was a
                                                proceeding where the exporter received                        Agreements                                       petitioner in the fifteenth administrative
                                                that separate rate; (3) for all PRC                        f. The Department Should Continue the               review.
                                                exporters of subject merchandise that                         NSR and Calculate a Margin for the Final           In the Final Results, the Department
                                                have not been found to be entitled to a                 5. Conclusion
                                                                                                                                                               assigned weighted-average dumping
                                                separate rate, the cash deposit rate will               [FR Doc. 2017–00827 Filed 1–13–17; 8:45 am]
                                                                                                                                                               margins of 14.01 percent to Union and
                                                be the rate for the PRC-wide entity,                    BILLING CODE 3510–DS–P
                                                                                                                                                               3.29 percent to HYSCO.2 As an
                                                92.84 percent; and (4) for all non-PRC                                                                         unexamined respondent, Dongbu
                                                exporters of subject merchandise which                                                                         received the margin of 8.65 percent that
                                                have not received their own separate                    DEPARTMENT OF COMMERCE
                                                                                                                                                               the Department assigned to all
                                                rate, the cash deposit rate will be the                                                                        unexamined respondents, which the
                                                                                                        International Trade Administration
                                                rate applicable to the PRC exporter that                                                                       Department calculated as a simple
                                                supplied that non-PRC exporter.                         [A–580–816]                                            average of the non-de-minimis margins
                                                   These deposit requirements, when                                                                            of the examined respondents.3
                                                imposed, shall remain in effect until                   Certain Corrosion-Resistant Steel Flat
                                                                                                                                                                 On May 25, 2012, the CIT issued its
                                                further notice.                                         Products From the Republic of Korea:
                                                                                                                                                               opinion in Union Steel I, which
                                                                                                        Notice of Court Decision Not in
                                                Notifications to Importers                                                                                     remanded various aspects of the Final
                                                                                                        Harmony With Final Results and Notice
                                                  This notice also serves as a final                                                                           Results to the Department.4 In
                                                                                                        of Amended Final Results
                                                reminder to importers of their                                                                                 particular, the Court made the following
                                                responsibility under 19 CFR 351.402(f)                  AGENCY:   Enforcement and Compliance,                  holdings:
                                                to file a certificate regarding the                     International Trade Administration,                    (1) the Department’s decision to use financial
                                                reimbursement of antidumping duties                     Department of Commerce.                                data pertaining only to the 2008 fiscal year
                                                prior to liquidation of the relevant                    SUMMARY: The Court of International                    of Union’s parent company in determining
                                                                                                        Trade (CIT or Court) sustained in full                 Union’s interest expense ratio cannot be
                                                entries during this review period.
                                                                                                        the Department of Commerce’s (the                      upheld on judicial review; (2) in response to
                                                Failure to comply with this requirement                                                                        defendant’s request for a voluntary remand,
                                                could result in the Secretary’s                         Department) second remand results
                                                                                                                                                               the court will order the Department to
                                                presumption that reimbursement of                       pertaining to the fifteenth                            reconsider the ‘‘quarterly cost methodology
                                                antidumping duties occurred and the                     administrative review of the                           to apply the ‘‘recovery-of-costs’’ test to home-
                                                subsequent assessment of double                         antidumping duty order on certain                      market sales of Union and HYSCO and the
                                                antidumping duties.                                     corrosion-resistant steel flat products                ‘‘indexing’’ methodology wherever used in
                                                                                                        from the Republic of Korea covering the                the Final Results; (3) on remand, the
                                                Notifications to Interested Parties                     period of August 1, 2007, through July                 Department must reconsider the use in the
                                                   This notice serves as the only                       31, 2008. The Department is notifying                  Final Results of the quarterly-cost and
                                                reminder to parties subject to                          the public that the final judgment in this
                                                                                                                                                                   1 See Certain Corrosion-Resistant Carbon Steel
                                                administrative protective order (APO) of                case is not in harmony with the final
                                                                                                                                                               Flat Products from the Republic of Korea: Notice of
                                                their responsibility concerning the                     results of the administrative review, and
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                               Final Results of the Fifteenth Administrative
                                                disposition of proprietary information                  that the Department is amending the                    Review, 75 FR 13490 (March 22, 2010) (Final
                                                disclosed under APO in accordance                       final results with respect to the                      Results) and accompanying Decision Memorandum
                                                with 19 CFR 351.305(a)(3). Timely                       weighted-average dumping margins                       (Final Decision Memorandum).
                                                                                                                                                                   2 See Final Results, 75 FR at 13491.
                                                written notification of return or                       assigned to Union Steel Manufacturing                      3 Id.
                                                destruction of APO materials, or                        Co., Ltd. (Union), Hyundai HYSCO                           4 See Union Steel Mfg. Co. v. United States, 837
                                                conversion to judicial protective order,                (HYSCO), and Dongbu Steel Co., Ltd.                    F. Supp. 2d 1307 (Ct. Int’l Trade 2012) (Union Steel
                                                is hereby requested. Failure to comply                  (Dongbu).                                              I).



                                           VerDate Sep<11>2014   18:21 Jan 13, 2017   Jkt 241001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\17JAN1.SGM   17JAN1


                                                                              Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices                                                        4847

                                                indexing methodologies for various other                margins for Union and HYSCO; and (5) the                  costs from the quarters in which there
                                                purposes; (4) the Department must reconsider            decision to depart from the normal method                 was production during the period of
                                                its decision to depart from its normal method           by selecting the date of shipment, rather than            review; (3) the Department’s decision to
                                                for selecting comparison months of normal               the date of invoice, as the date of sale for              use unindexed quarterly cost data to
                                                value sales; (5) in response to defendant’s             certain sales that HYSCO made through a
                                                request for a voluntary remand, the court will          U.S. affiliate, Hyundai HYSCO USA, Inc.10
                                                                                                                                                                  calculate CV and DIFMER adjustments;
                                                order the Department to reconsider its                                                                            and (4) the Department’s use of a
                                                decision to compare laminated CORE and                  The Court also instructed the                             surrogate-based method in calculating
                                                non-laminated, painted CORE as ‘‘identical’’            Department to ‘‘recalculate the margin                    CV and DIFMER adjustments, which
                                                merchandise; (6) in response to defendant’s             for Dongbu based on the redetermined                      was different than the method used
                                                request for a voluntary remand, the court will          margins for Union and HYSCO.’’ 11                         when applying its cost-recovery test to
                                                order that Commerce reconsider the use of                 In response to Union Steel II, the                      HYSCO in the Department’s First
                                                the zeroing methodology in the fifteenth                Department issued the Second Remand                       Remand Redetermination, which the
                                                review; (7) no relief is available on Dongbu’s          Redetermination in which it                               Court had found objectionable in Union
                                                claim seeking an individually-determined                reconsidered the remanded issues and
                                                dumping margin; and (8) in response to the
                                                                                                                                                                  Steel II.18
                                                defendant’s request for a voluntary remand,
                                                                                                        revised the 9.85 percent margin it                           Thus, in Union Steel III, the Court
                                                remand is appropriate on U.S. Steel’s                   previously determined for Union to 9.83                   affirmed the following dumping margins
                                                challenge to the date of sale used for certain          percent.12 The Department revised                         as calculated by the Department in the
                                                sales by HYSCO through a U.S. affiliate. The            HYSCO’s margin from 1.46 percent to                       Second Remand Redetermination: 9.83
                                                court determines, in addition, that any                 5.56 percent.13 Once again assigning                      percent for Union, 5.56 percent for
                                                modifications to the weighted-average                   Dongbu a margin based on a simple                         HYSCO, and 7.70 percent for Dongbu.
                                                dumping margins of Union and HYSCO                      average of the Union and HYSCO
                                                resulting from this remand shall be reflected                                                                     Timken Notice
                                                                                                        margins, the Department changed
                                                in the rate applied to Dongbu.5                         Dongbu’s margin from 5.56 percent to                         In its decision in Timken,19 as
                                                  Pursuant to Union Steel I, the                        7.70 percent.14                                           clarified by Diamond Sawblades,20 the
                                                Department issued the First Remand                        In Union Steel III, the CIT sustained                   Court of Appeals for the Federal Circuit
                                                Redetermination,6 in which it addressed                 in full the Department’s Second Remand                    held that, pursuant to section 516A(e) of
                                                the Court’s holdings and revised                        Redetermination.15 In particular, the                     the Tariff Act of 1930, as amended (the
                                                Union’s margin from 14.01 percent to                    CIT sustained the Department’s decision                   Act), the Department must publish a
                                                9.85 percent and HYSCO’s margin from                    to depart from its 90/60-day window                       notice of a court decision that is not ‘‘in
                                                3.29 percent to 1.46 percent.7 Again,                   period regulation and to instead limit                    harmony’’ with a Department
                                                based on a simple average of the                        comparisons of individual U.S. sales to                   determination and must suspend
                                                margins calculated for Union and                        home market sales that occurred during                    liquidation of entries pending a
                                                HYSCO, the Department changed                           the same quarter, based on the fact that                  ‘‘conclusive’’ court decision. The CIT’s
                                                Dongbu’s margin from 8.65 percent to                    the Department had relied on its                          December 15, 2016, final judgement
                                                5.56 percent.8                                          quarterly cost methodology because                        sustaining the Second Remand
                                                  Following consideration of comments                   there were significantly changing costs                   Redetermination constitutes a final
                                                submitted to the CIT on the First                       throughout the review period.16                           decision of the Court that is not in
                                                Remand Redetermination and an oral                      Furthermore, the Court sustained the                      harmony with the Department’s Final
                                                argument, the Court issued its decision                 Department’s determination to rely on                     Results. This notice is published in
                                                in Union Steel II, which affirmed in                    invoice date instead of shipment date                     fulfillment of the publication
                                                part, and remanded in part to the                       for determining the date of sale for                      requirements of Timken. Accordingly,
                                                Department, various aspects of the First                HYSCO’s U.S. sales in the Second                          the Department will continue the
                                                Remand Redetermination.9 In                                                                                       suspension of liquidation of the subject
                                                                                                        Remand Redetermination, because
                                                particular, the Court remanded for the                                                                            merchandise pending a final and
                                                                                                        certain evidence in HYSCO’s
                                                Department to address:                                                                                            conclusive court decision.
                                                                                                        questionnaire responses indicated that
                                                (1) the decision to make a major input                  price remained subject to change after                    Amended Final Results
                                                adjustment when calculating Union’s interest            shipment.17 Finally, the Court sustained                    Because there is now a final court
                                                expense ratio; (2) the application of the               four other aspects of the Second                          decision, we are amending the Final
                                                modified ‘‘quarterly cost’’ methodology                 Remand Redetermination, which were
                                                wherever used in the normal value
                                                                                                                                                                  Results with respect to the dumping
                                                                                                        not challenged by any party: (1) The                      margins calculated for Union, HYSCO,
                                                calculations for Hyundai HYSCO . . .                    Department’s calculation of Union
                                                including the difference-in-merchandise                                                                           and Dongbu. Based on the Second
                                                                                                        Steel’s interest expense ratio; (2) the                   Remand Redetermination, as affirmed
                                                (‘‘DIFMER’’) adjustments and constructed
                                                value (‘‘CV’’) determinations; (3) the                  Department’s modification to its cost-                    by the CIT in Union Steel III, the revised
                                                application of the modified ‘‘quarterly cost’’          recovery test as applied to HYSCO on                      dumping margins for Union, HYSCO,
                                                methodology for all aspects of the normal               remand, in which the Department                           and Dongbu are 9.83 percent, 5.56
                                                value calculations for Union except the                 discontinued relying on surrogate costs                   percent, and 7.70 percent, respectively.
                                                revised sales-below-cost and recovery-of-               and relied instead on HYSCO’s actual                        In the event that the CIT’s rulings are
                                                costs tests; (4) the decision to depart from the                                                                  not appealed or, if appealed, is upheld
                                                normal method for selecting a comparison                  10 Id.,   at 1300, 1327–28.
                                                month when determining antidumping                        11 Id.
                                                                                                                                                                  by a final and conclusive court decision,
                                                                                                          12 See Results of Redetermination Pursuant to
                                                                                                                                                                  the Department will instruct U.S.
                                                                                                                                                                  Customs and Border Protection (CBP) to
sradovich on DSK3GMQ082PROD with NOTICES




                                                  5 Id., at 1310, 1337–38.                              Remand, at 44 (Aug. 1, 2014) (Second Remand
                                                   6 See Results of Redetermination Pursuant to         Redetermination).                                         assess antidumping duties on
                                                                                                          13 Id.
                                                Remand (Sept. 24, 2012) (First Remand
                                                Redetermination).                                         14 Id.                                                    18 Id.,at 5–11.
                                                   7 See First Remand Redetermination at 67.              15 See Union Steel Mfg. Co. v. United States, Ct.         19 See Timken Co. v. United States, 893 F.2d 337,
                                                   8 Id.                                                Int’l Trade Slip Op. 16–117 (Dec. 15, 2016) (Union        341 (Fed. Cir. 1990) (Timken).
                                                   9 See Union Steel Mfg. Co. v. United States, 968     Steel III), at 2, 26.                                       20 See Diamond Sawblades Mfrs. Coalition v.
                                                                                                          16 Id., at 16–20.
                                                F. Supp. 2d 1297 (Ct. Int’l Trade 2014) (Union Steel                                                              United States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                II).                                                      17 Id., at 11–13.                                       (Diamond Sawblades).



                                           VerDate Sep<11>2014   18:21 Jan 13, 2017   Jkt 241001   PO 00000   Frm 00010     Fmt 4703    Sfmt 4703   E:\FR\FM\17JAN1.SGM       17JAN1


                                                4848                          Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices

                                                unliquidated entries of subject                         Compliance, International Trade                        the Preliminary Determination, we did
                                                merchandise based on the revised                        Administration, U.S. Department of                     not modify the scope language as it
                                                dumping margins listed above.                           Commerce, 1401 Constitution Avenue                     appeared in the Initiation Notice.5 No
                                                                                                        NW., Washington, DC 20230; telephone:                  interested party submitted scope
                                                Cash Deposit Requirements
                                                                                                        (202) 482–6412, or (202) 482–4852,                     comments in case or rebuttal briefs.
                                                   The Department notified CBP to                       respectively.                                          Therefore, the scope of this
                                                discontinue the collection of cash                                                                             investigation remains unchanged for
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                deposits on entries of the subject                                                                             this final determination.6
                                                merchandise, entered or withdrawn                       Background
                                                from warehouse, on or after February                                                                           Scope of the Investigation
                                                                                                          On August 19, 2016, the Department
                                                14, 2012, due to the revocation of the                  published the Preliminary                                The products covered by this
                                                order.21 Therefore, no cash deposit                     Determination in the Federal Register. 1               investigation are OTR tires from India.
                                                requirements will be imposed as a result                In the Preliminary Determination, we                   For a complete description of the scope
                                                of these amended final results.                         postponed the final determination until                of the investigation, see Appendix I of
                                                Notice to Interested Parties                            no later than 135 days after the date of               this notice.
                                                                                                        publication of the Preliminary
                                                  This notice is issued and published in                Determination in accordance with                       Analysis of Comments Received
                                                accordance with sections 516A(e)(1),                    section 735(a)(2) of the Tariff Act of
                                                751(a)(1), and 777(i)(1) of the Act.                                                                              All issues raised in the case and
                                                                                                        1930, as amended (the Act).2
                                                  Dated: January 10, 2017.                                A summary of the events that                         rebuttal briefs that were submitted by
                                                Paul Piquado,                                           occurred since the Department                          parties in this investigation are
                                                                                                        published the Preliminary                              addressed in the Issues and Decision
                                                Assistant Secretary for Enforcement and
                                                Compliance,                                             Determination, as well as a full                       Memorandum. A list of these issues is
                                                                                                        discussion of the issues raised by parties             attached to this notice at Appendix II.
                                                [FR Doc. 2017–00882 Filed 1–13–17; 8:45 am]
                                                BILLING CODE 3510–DS–P                                  for this final determination, may be                   Verification
                                                                                                        found in the Issues and Decision
                                                                                                        Memorandum.3 The Issues and Decision                     As provided in section 782(i) of the
                                                DEPARTMENT OF COMMERCE                                  Memorandum is a public document,                       Act, in August and September 2016, we
                                                                                                        and is on file electronically via                      conducted sales and cost verifications of
                                                International Trade Administration                      Enforcement and Compliance’s                           the questionnaire responses submitted
                                                [A–533–869]                                             Antidumping and Countervailing Duty                    by ATC and BKT. We used standard
                                                                                                        Centralized Electronic Service System                  verification procedures, including an
                                                Certain New Pneumatic Off-the-Road                      (ACCESS). ACCESS is available to                       examination of relevant accounting and
                                                Tires From India: Final Negative                        registered users at http://                            production records, as well as original
                                                Determination of Sales at Less Than                     access.trade.gov, and is available to all              source documents provided by both
                                                Fair Value and Final Determination of                   parties in the Central Records Unit,                   respondents.
                                                Critical Circumstances                                  room B8024 of the main Department of                   Changes to the Dumping Margin
                                                                                                        Commerce building. In addition, a                      Calculations Since the Preliminary
                                                AGENCY:   Enforcement and Compliance,
                                                                                                        complete version of the Issues and                     Determination
                                                International Trade Administration,
                                                                                                        Decision Memorandum can be accessed
                                                Department of Commerce.
                                                                                                        directly at http://enforcement.trade.gov.                 Based on our analysis of the
                                                SUMMARY: The Department of Commerce                     The signed and electronic versions of                  comments received, pre-verification
                                                (Department) determines that imports of                 the Issues and Decision Memorandum                     findings, and our findings at
                                                certain new pneumatic off-the-road tires                are identical in content.                              verification, we made certain changes to
                                                (OTR tires) from India are not being, or                                                                       the dumping margin calculations for
                                                are not likely to be, sold in the United                Scope Comments
                                                                                                                                                               each respondent, ATC and BKT. For a
                                                States at less than fair value (LTFV). The                In accordance with the Preliminary                   discussion of these changes, see the
                                                final estimated weighted-average                        Determination, the Department set aside                Issues and Decision Memorandum.
                                                dumping margins of sales at LTFV are                    a period of time for parties to address
                                                listed below in the section entitled                    scope issues in case briefs or other                   Use of Adverse Facts Available
                                                ‘‘Final Determination.’’ The finding for                written comments on scope issues.4 In
                                                whether critical circumstances exist for                                                                         The Department has relied on partial
                                                producers and exporters subject to the                    1 See  Certain New Pneumatic Off-the-Road Tires:
                                                                                                                                                               adverse facts available under sections
                                                all-others rate is moot because the                     Negative Preliminary Determination of Sales at Less    776(a) and (b) of the Act.7 A full
                                                antidumping duty margins for Alliance                   Than Fair Value and Postponement of Final              discussion of our decision to rely on
                                                                                                        Determination, 81 FR 55431 (August 19, 2016)           adverse facts available is presented in
                                                Tires Private Limited (ATC) and                         (‘‘Preliminary Determination’’) and accompanying
                                                Balkrishna Industries Limited (BKT) are                 Preliminary Decision Memorandum.
                                                                                                                                                               the Issues and Decision Memorandum.
                                                zero. The period of investigation is                       2 See Preliminary Determination, 81 FR at 55432.
                                                                                                                                                                  5 Id.; see also Certain New Pneumatic Off-the-
                                                January 1, 2015, through December 31,                      3 See Memorandum from Christian Marsh, Deputy

                                                                                                        Assistant Secretary for Antidumping and                Road Tires from India and the People’s Republic of
                                                2015.                                                                                                          China: Initiation of Less-Than-Fair-Value
                                                                                                        Countervailing Duty Operations, to Paul Piquado,
                                                DATES: Effective January 17, 2017.                      Assistant Secretary for Enforcement and                Investigations, 81 FR 7073 (February 10, 2016)
sradovich on DSK3GMQ082PROD with NOTICES




                                                FOR FURTHER INFORMATION CONTACT: Lilit                  Compliance ‘‘Certain New Pneumatic Off-the-Road        (‘‘Initiation Notice’’).
                                                                                                        Tires from India: Issues and Decision Memorandum          6 The Department has added two additional
                                                Astvatsatrian or Trisha Tran, AD/CVD                    for the Final Determination of Sales at Less Than      subheadings from the Harmonized Tariff Schedule
                                                Operations, Office IV, Enforcement and                  Fair Value,’’ dated concurrently with this             of the United States to the list included for
                                                                                                        determination and hereby adopted by this notice        convenience and customs purposes since the
                                                  21 See Corrosion-Resistant Carbon Steel Flat          (‘‘Issues and Decision Memorandum’’).                  Preliminary Determination. No revisions were made
                                                Products from Germany and the Republic of Korea:           4 See Preliminary Determination, 81 FR at 55432,    to the written description of the subject
                                                Revocation of Antidumping and Countervailing            and accompanying Preliminary Decision                  merchandise.
                                                Duty Orders, 78 FR 16832, 16833 (March 19, 2013).       Memorandum at ‘‘Scope Comments.’’                         7 See Sections 776(a) and (b) of the Act.




                                           VerDate Sep<11>2014   18:21 Jan 13, 2017   Jkt 241001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\17JAN1.SGM   17JAN1



Document Created: 2017-01-14 01:44:55
Document Modified: 2017-01-14 01:44:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective December 27, 2016.
ContactStephanie Moore, 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) 482-3692.
FR Citation82 FR 4846 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR