83 FR 39054 - Certain Corrosion-Resistant Steel Products From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Determination of Investigation and Notice of Amended Final Results
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 153 (August 8, 2018)
International Trade Administration
Federal Register Volume 83, Issue 153 (August 8, 2018)
| Page Range | 39054-39055 | |
| FR Document | 2018-16898 |
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)] [Notices] [Pages 39054-39055] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16898] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-878] Certain Corrosion-Resistant Steel Products From the Republic of Korea: Notice of Court Decision Not in Harmony With Final Determination of Investigation and Notice of Amended Final Results AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 22, 2018, the United States Court of International Trade (the CIT) entered final judgment sustaining the Department of Commerce's (Commerce) remand results pertaining to the final determination in the antidumping duty (AD) investigation on certain corrosion-resistant steel products (CORE) from the Republic of Korea (Korea) for Hyundai Steel Company (Hyundai). Commerce is notifying the public that the final judgment in this case is not in harmony with the final determination, and that [[Page 39055]] Commerce has determined a dumping margin of 7.89 percent ad valorem for Hyundai. We have also revised the ``all others'' rate to 8.32 percent ad valorem. DATES: June 22, 2018. FOR FURTHER INFORMATION CONTACT: Chloee Sagmoe or Elfi Blum, 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) 482-2273 and (202) 482-0197, respectively. SUPPLEMENTARY INFORMATION: Background On June 2, 2016, Commerce published the Final Determination for the AD investigation of CORE from Korea pertaining to mandatory respondents Hyundai and Dongkuk Steel Mill Co., Ltd/Union Steel Manufacturing Co., Ltd. (Dongkuk). The period of investigation (POI) is April 1, 2014, through March 31, 2015.\1\ In the Final Determination, Commerce calculated weighted-average dumping margins for Hyundai and Dongkuk that were above de minimis and which were not based on total facts available. Commerce calculated the ``all-others'' rate using a simple average of dumping margins calculated for the mandatory respondents.\2\ Commerce determined a weighted-average dumping rate of 8.75 percent for Dongkuk, 47.80 percent for Hyundai, and 31.73 for all-others.\3\ --------------------------------------------------------------------------- \1\ See Certain Corrosion-Resistant Steel Products from the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 81 FR 35303 (June 2, 2016) (Final Determination) and accompanying Issues and Decision Memorandum (IDM). \2\ Id. \3\ Id. --------------------------------------------------------------------------- On January 10, 2018, the CIT remanded for Commerce to provide Hyundai with an opportunity to remedy the deficiencies at issue for its further manufactured sales of skelp, sheet, and blanks (SSBs), and to recalculate Hyundai's overall margin.\4\ Commerce determined in the AD investigation that the application of facts available, with an adverse inference, pursuant to sections 776(a)(1), 776(a)(2), and 776(b) of the Act, was warranted for Hyundai's U.S. sales of tailor welded blanks (TWBs), auto parts, and SSBs because: (1) Certain information was not available on the record; (2) Hyundai's December 29, 2015 data submissions were untimely; and (3) Hyundai significantly impeded the proceeding through delays and the provision of unusable information. As stated above, the CIT remanded to Commerce, instructing Commerce to provide Hyundai with an opportunity to remedy its deficiencies with respect to its sales and costs of SSBs, holding that Commerce improperly had failed to do so in the original proceeding.\5\ --------------------------------------------------------------------------- \4\ See Hyundai Steel Company v. United States, Court No. 16- 00161, Slip Op. 18-2 (Hyundai v. U.S.). \5\ Id. --------------------------------------------------------------------------- In light of the Court's remand order, on May 3, 2018, Commerce released the Draft Remand Determination,\6\ finding that Hyundai's March 15, 2018 response remedied the major deficiencies in its previous further manufacturing responses with respect to SSBs. Specifically, we found that Hyundai sufficiently explained the inconsistencies and previously unexplained changes that plagued the data it submitted with respect to its SSB sales during the investigation. Based on the analysis of Hyundai's response to the remand questionnaire and verification, Commerce made adjustments to Hyundai's reported further- manufacturing expenses for SSBs in order to recalculate Hyundai's dumping margin to include its sales of SSBs.\7\ Both the petitioners \8\ and Hyundai \9\ filed comments on the Draft Remand Determination on May 11, 2018. On May 11, 2018, Commerce filed the Final Remand Determination with the CIT.\10\ --------------------------------------------------------------------------- \6\ See ``Draft Results of Redetermination Pursuant to Remand: Antidumping Duty (AD) Investigation on Certain-Corrosion-Resistant Steel Products (CORE) from the Republic of Korea,'' (Draft Remand Determination) dated May 3, 2018. \7\ Id. \8\ See United States Steel Corporation's Comments, ``Certain Corrosion-Resistant Steel Products from the Republic of Korea: Comments on the Draft Remand Redetermination,'' dated May 8, 2018. \9\ See Hyundai Steel Company's Comments, ``Certain Corrosion- Resistant Steel Products from the Republic of Korea: Comments on Draft Remand Redetermination,'' dated May 7, 2018. \10\ See Final Remand Redetermination Pursuant to Hyundai Steel Company, v. United States, Court. No. 16-00161, Slip Op. 18-2 (Court of International Trade January 10, 2018), dated May 11, 2018 (Final Remand Redetermination). --------------------------------------------------------------------------- On June 22, 2018, the CIT sustained the Department's Final Remand Determination.\11\ Thus, the CIT sustained our changes made to our margin analysis and margin calculations for Hyundai's sales of SSBs, resulting in an overall dumping margin of 7.89 percent ad valorem for Hyundai. Commerce has also revised the ``all others'' rate to 8.32 percent ad valorem. --------------------------------------------------------------------------- \11\ See Hyundai Steel Company v. United States, CIT Slip Op. 18-2, Ct. No. 16-00161 (June 22, 2018). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\12\ as clarified by Diamond Sawblades,\13\ 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 June 22, 2018, final judgment sustaining the Final Remand Determination constitutes a final decision of the Court that is not in harmony with Commerce's Final Determination. This notice is published in fulfillment of the Timken publication requirements. --------------------------------------------------------------------------- \12\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). \13\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- Amended Final Determination Because there is now a final court decision, we are amending the Final Determination with respect to the dumping margin calculated for Hyundai. Based on the Final Remand Determination, as affirmed by the CIT, the revised dumping margin for Hyundai is 7.89 percent ad valorem. We have also re-calculated the ``all-others rate'' to 8.32 percent. Cash Deposit Requirements Commerce will issue revised cash deposit instructions to CBP, adjusting the cash deposit rate for Hyundai to 7.88 percent and the ``all-others'' cash deposit rate to 8.31 percent, effective July 2, 2018.\14\ --------------------------------------------------------------------------- \14\ See Final Remand Determination at FN 74: ``We intend to instruct U.S. Customs and Border Protection to require a cash deposit less the amount of the countervailing duty determined to constitute any export subsidies (.0.01 percent). Therefore, Hyundai's cash deposit rate will be 7.88 percent and the all-others cash deposit rate will be 8.31.'' --------------------------------------------------------------------------- Notification 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: July 23, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018-16898 Filed 8-7-18; 8:45 am] BILLING CODE 3510-DS-P
![39054 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices
Board Chair may call for a vote to close Dated: August 2, 2018. producing cutting edge technology in
the meetings only for the time necessary Karen Miller-Kuwana, areas key to maintaining a U.S. forward
to preserve the confidentiality of such Board Secretary, First Responder Network leaning presence in the world economy.
information, pursuant to 47 U.S.C. Authority. ETTAC members are appointed by the
1424(e)(2). [FR Doc. 2018–16912 Filed 8–7–18; 8:45 am] Secretary of Commerce and serve terms
BILLING CODE 3510–TL–P of two years, and may not serve more
Times and Dates of Meeting: A
than four consecutive years. The
combined meeting of the FirstNet
membership term limit reflects the
Authority Board and Board Committees Department’s commitment to attaining
DEPARTMENT OF COMMERCE
will be held on August 13, 2018, balance and diversity. As a general rule
between 11:00 a.m. and 12:00 p.m., Bureau of Industry and Security members will be highly ranked,
Eastern Daylight Time (EDT). The accomplished and recognized leaders,
meeting of the FirstNet Authority Board Emerging Technology Technical engineers, and scientists working in
and Board Committees will be open to Advisory Committee (ETTAC); Notice their disciplines as researchers and/or
the public via teleconference and of Recruitment of Private-Sector program managers. All members must
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Place: The combined meeting of the Advisory Committee (ETTAC) to advise government experts to ensure a broad
FirstNet Authority Board and Board the Department of Commerce and other and thorough review of the issues. The
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and Board Committees is open to the developmental stages both within the please send a copy of your resume to
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[A–580–878]
Commerce Control List, including
If you experience technical difficulty, proposed revisions of multilateral
please contact the Conferencing Center Certain Corrosion-Resistant Steel
controls in which the United States Products From the Republic of Korea:
customer service at 1–866–900–1011. participates, and the issuance of
Public access will be limited to listen- Notice of Court Decision Not in
regulations; and (d) any other matters Harmony With Final Determination of
only. Due to the limited number of relating to actions designed to carry out
ports, attendance via teleconference will Investigation and Notice of Amended
the policy set forth in Section 3(2)(A) of Final Results
be on a first-come, first-served basis. the Export Administration Act of 1979
The FirstNet Authority Board and as well as the directives contained in AGENCY: Enforcement and Compliance,
Combined Committee Meeting is Section 1758 of H.R. 5515, the John S. International Trade Administration,
accessible to people with disabilities. McCain National Defense Authorization Department of Commerce.
Individuals requiring accommodations Act for Fiscal Year 2019. In its work, the SUMMARY: On June 22, 2018, the United
are asked to notify Ms. Miller-Kuwana Committee will be forward leaning— States Court of International Trade (the
by telephone (571) 665–6177 or email at focusing both on the current state of CIT) entered final judgment sustaining
Karen.Miller-Kuwana@firstnet.gov at emerging technologies and projecting the Department of Commerce’s
least five (5) business days before the their likely effects five to ten years in (Commerce) remand results pertaining
the future on national security, the U.S. to the final determination in the
applicable meeting.
defense industrial base, and the overall antidumping duty (AD) investigation on
sradovich on DSK3GMQ082PROD with NOTICES
Records: The FirstNet Authority health and competitiveness of the U.S. certain corrosion-resistant steel
maintains records of all FirstNet economy. products (CORE) from the Republic of
Authority Board proceedings. Minutes The ETTAC will consist of experts Korea (Korea) for Hyundai Steel
of the FirstNet Authority Board Meeting drawn from academia, industry, federal Company (Hyundai). Commerce is
and the Board Committee Meetings will laboratories, and pertinent U.S. notifying the public that the final
be available at www.firstnet.gov. Government departments and agencies judgment in this case is not in harmony
who are engaged in developing and with the final determination, and that
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![Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices 39055
Commerce has determined a dumping through delays and the provision of Timken Notice
margin of 7.89 percent ad valorem for unusable information. As stated above,
Hyundai. We have also revised the ‘‘all the CIT remanded to Commerce, In its decision in Timken,12 as
others’’ rate to 8.32 percent ad valorem. instructing Commerce to provide clarified by Diamond Sawblades,13 the
DATES: June 22, 2018. Hyundai with an opportunity to remedy Court of Appeals for the Federal Circuit
FOR FURTHER INFORMATION CONTACT: its deficiencies with respect to its sales held that, pursuant to section 516A(e) of
Chloee Sagmoe or Elfi Blum, AD/CVD and costs of SSBs, holding that the Tariff Act of 1930, as amended (the
Operations, Office VII, Enforcement and Commerce improperly had failed to do Act), the Department must publish a
Compliance, International Trade so in the original proceeding.5 notice of a court decision that is not ‘‘in
Administration, U.S. Department of harmony’’ with a Department
In light of the Court’s remand order, determination and must suspend
Commerce, 1401 Constitution Avenue
on May 3, 2018, Commerce released the liquidation of entries pending a
NW, Washington, DC 20230; telephone:
(202) 482–2273 and (202) 482–0197, Draft Remand Determination,6 finding ‘‘conclusive’’ court decision. The CIT’s
respectively. that Hyundai’s March 15, 2018 response June 22, 2018, final judgment sustaining
remedied the major deficiencies in its the Final Remand Determination
SUPPLEMENTARY INFORMATION:
previous further manufacturing constitutes a final decision of the Court
Background responses with respect to SSBs. that is not in harmony with Commerce’s
On June 2, 2016, Commerce published Specifically, we found that Hyundai Final Determination. This notice is
the Final Determination for the AD sufficiently explained the published in fulfillment of the Timken
investigation of CORE from Korea inconsistencies and previously publication requirements.
pertaining to mandatory respondents unexplained changes that plagued the
Hyundai and Dongkuk Steel Mill Co., data it submitted with respect to its SSB Amended Final Determination
Ltd/Union Steel Manufacturing Co., Ltd. sales during the investigation. Based on
Because there is now a final court
(Dongkuk). The period of investigation the analysis of Hyundai’s response to
the remand questionnaire and decision, we are amending the Final
(POI) is April 1, 2014, through March
verification, Commerce made Determination with respect to the
31, 2015.1 In the Final Determination,
Commerce calculated weighted-average adjustments to Hyundai’s reported dumping margin calculated for
dumping margins for Hyundai and further-manufacturing expenses for Hyundai. Based on the Final Remand
Dongkuk that were above de minimis SSBs in order to recalculate Hyundai’s Determination, as affirmed by the CIT,
and which were not based on total facts dumping margin to include its sales of the revised dumping margin for
available. Commerce calculated the ‘‘all- SSBs.7 Both the petitioners 8 and Hyundai is 7.89 percent ad valorem. We
others’’ rate using a simple average of Hyundai 9 filed comments on the Draft have also re-calculated the ‘‘all-others
dumping margins calculated for the Remand Determination on May 11, rate’’ to 8.32 percent.
mandatory respondents.2 Commerce 2018. On May 11, 2018, Commerce filed Cash Deposit Requirements
determined a weighted-average the Final Remand Determination with
dumping rate of 8.75 percent for the CIT.10 Commerce will issue revised cash
Dongkuk, 47.80 percent for Hyundai, deposit instructions to CBP, adjusting
and 31.73 for all-others.3 On June 22, 2018, the CIT sustained
the Department’s Final Remand the cash deposit rate for Hyundai to 7.88
On January 10, 2018, the CIT percent and the ‘‘all-others’’ cash
remanded for Commerce to provide Determination.11 Thus, the CIT
sustained our changes made to our deposit rate to 8.31 percent, effective
Hyundai with an opportunity to remedy July 2, 2018.14
the deficiencies at issue for its further margin analysis and margin calculations
manufactured sales of skelp, sheet, and for Hyundai’s sales of SSBs, resulting in Notification to Interested Parties
blanks (SSBs), and to recalculate an overall dumping margin of 7.89
Hyundai’s overall margin.4 Commerce percent ad valorem for Hyundai. This notice is issued and published in
determined in the AD investigation that Commerce has also revised the ‘‘all accordance with sections 516A(e)(1),
the application of facts available, with others’’ rate to 8.32 percent ad valorem. 751(a)(1), and 777(i)(1) of the Act.
an adverse inference, pursuant to Dated: July 23, 2018.
sections 776(a)(1), 776(a)(2), and 776(b) 5 Id.
Gary Taverman,
of the Act, was warranted for Hyundai’s 6 See ‘‘Draft Results of Redetermination Pursuant
to Remand: Antidumping Duty (AD) Investigation Deputy Assistant Secretary for Antidumping
U.S. sales of tailor welded blanks
on Certain-Corrosion-Resistant Steel Products and Countervailing Duty Operations,
(TWBs), auto parts, and SSBs because: (CORE) from the Republic of Korea,’’ (Draft Remand performing the non-exclusive functions and
(1) Certain information was not Determination) dated May 3, 2018. duties of the Assistant Secretary for
available on the record; (2) Hyundai’s 7 Id.
Enforcement and Compliance.
December 29, 2015 data submissions 8 See United States Steel Corporation’s
[FR Doc. 2018–16898 Filed 8–7–18; 8:45 am]
were untimely; and (3) Hyundai Comments, ‘‘Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Comments on BILLING CODE 3510–DS–P
significantly impeded the proceeding the Draft Remand Redetermination,’’ dated May 8,
2018. 12 See Timken Co. v. United States, 893 F.2d 337,
1 See Certain Corrosion-Resistant Steel Products 9 See Hyundai Steel Company’s Comments,
from the Republic of Korea: Final Determination of ‘‘Certain Corrosion-Resistant Steel Products from 341 (Fed. Cir. 1990) (Timken).
13 See Diamond Sawblades Mfrs. Coalition v.
Sales at Less Than Fair Value and Final Affirmative the Republic of Korea: Comments on Draft Remand
sradovich on DSK3GMQ082PROD with NOTICES
Determination of Critical Circumstances, 81 FR Redetermination,’’ dated May 7, 2018. United States, 626 F.3d 1374 (Fed. Cir. 2010)
35303 (June 2, 2016) (Final Determination) and 10 See Final Remand Redetermination Pursuant to (Diamond Sawblades).
accompanying Issues and Decision Memorandum Hyundai Steel Company, v. United States, Court. 14 See Final Remand Determination at FN 74:
(IDM). No. 16–00161, Slip Op. 18–2 (Court of International ‘‘We intend to instruct U.S. Customs and Border
2 Id.
Trade January 10, 2018), dated May 11, 2018 (Final Protection to require a cash deposit less the amount
3 Id. Remand Redetermination). of the countervailing duty determined to constitute
4 See Hyundai Steel Company v. United States, 11 See Hyundai Steel Company v. United States, any export subsidies (.0.01 percent). Therefore,
Court No. 16–00161, Slip Op. 18–2 (Hyundai v. CIT Slip Op. 18–2, Ct. No. 16–00161 (June 22, Hyundai’s cash deposit rate will be 7.88 percent
U.S.). 2018). and the all-others cash deposit rate will be 8.31.’’
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Document Created: 2018-08-08 02:06:45
Document Modified: 2018-08-08 02:06:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | June 22, 2018. | |
| Contact | Chloee Sagmoe or Elfi Blum, 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) 482-2273 and (202) 482-0197, respectively. | |
| FR Citation | 83 FR 39054 |
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