83 FR 48277 - Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Notice of Court Decision Not in Harmony With Amended Final Determination of the Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 185 (September 24, 2018)
International Trade Administration
Federal Register Volume 83, Issue 185 (September 24, 2018)
| Page Range | 48277-48278 | |
| FR Document | 2018-20724 |
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)] [Notices] [Pages 48277-48278] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20724] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-580-882] Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Notice of Court Decision Not in Harmony With Amended Final Determination of the Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 10, 2018, the United States Court of International Trade (CIT or Court) sustained the final remand results pertaining to the countervailing duty (CVD) investigation on certain cold-rolled steel flat products from the Republic of Korea covering the period January 1, 2014, through December 31, 2014. The Department of Commerce (Commerce) is notifying the public that the final judgement in this case is not in harmony with the Amended Final Determination of the CVD investigation and that Commerce is amending the Amended Final Determination with respect to the CVD rate assigned to POSCO. DATES: Applicable September 20, 2018. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas at (202) 482-3813, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On July 29, 2016, Commerce published its Final Determination.\1\ Upon consideration of ministerial error allegations, Commerce issued an Amended Final Determination and calculated a subsidy rate of 59.72 percent for POSCO.\2\ --------------------------------------------------------------------------- \1\ See Final Determination, 81 FR 49943. \2\ See Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Final Affirmative Determination, 81 FR 49943 (July 29, 2016) (Final Results) and accompanying Memorandum, entitled ``Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products from the Republic of Korea'' (Issues and Decision Memorandum); see also ``Countervailing Duty Investigation of Certain Cold-Rolled Steel flat Products from the Republic of Korea: Final Determination Calculation Memorandum for POSCO, dated July 20, 2016 (POSCO Final Analysis Memorandum). On September 20, 2016, the Commerce published its amended final results upon consideration of various ministerial error allegations. See Certain Cold-Rolled Steel Flat Products from Brazil, India, and the Republic of Korea: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order (the Republic of Korea) and Countervailing Duty Orders (Brazil and India), 81 FR 64436 (September 20, 2016) (Amended Final Results); see also ``Response to Ministerial Error Comments Filed by Hyundai Steel Co. Ltd. and POSCO,'' dated August 24, 2016 (Ministerial Error Memo); and ``Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Amended Final Determination Calculation Memorandum for POSCO,'' dated August 24, 2016 (POSCO Amended Final Analysis Memorandum). --------------------------------------------------------------------------- On March, 8, 2018, the CIT remanded various aspects of the Amended Final Determination to Commerce.\3\ In its Remand Order, the Court held that ``substantial evidence supports Commerce's decision to apply facts available.'' \4\ The Court held that the record demonstrated that POSCO ``withheld information, failed to timely provide information, and impeded the proceeding,'' and that POSCO's ``failure to supply the requested information'' reflected a failure to act to the best of its ability.\5\ --------------------------------------------------------------------------- \3\ See POSCO et al., and AK Steel Corporation, et al., v. United States and Steel Dynamic Inc., et al., Consol. Court No. 16- 00225, Slip Op. 18-18 (CIT 2018) (Remand Order). \4\ See Remand Order at 26. \5\ Id. at 26-27. --------------------------------------------------------------------------- However, the Court also held that Commerce had not conducted an ``evaluation of the specific situation,'' under the relatively new statutory language of section 776(d)(2) of the Tariff Act of 1930, as amended (the Act) and had not explained ``why this case justified its selection of the highest rates.'' \6\ In addition, the Court concluded that the 1.64 percent rate from Refrigerators from Korea was ``derived from estimates Commerce made on the basis of an adverse inference,'' and, therefore, was not corroborated, under section 776(c) of the Act.\7\ The Court, therefore, instructed Commerce to reconsider its selection of this rate.\8\ On the other hand, the Court found that Commerce's corroboration and selection of the 1.05 percent rate from Washers from Korea was supported by substantial evidence.\9\ --------------------------------------------------------------------------- \6\ Id. at 49. \7\ Id. at 57-58. See also Bottom Mount Combination Refrigerator-Freezers from the Republic of Korea: Final Affirmative Countervailing Duty Determination, 77 FR 17410 (March 26, 2012) (Refrigerators from Korea Final Determination) and accompanying Issues and Decision Memorandum (Refrigerators from Korea Issues and Decision Memorandum). \8\ Id. at 58. \9\ Id. See also Large Residential Washers from the Republic of Korea: Final Affirmative Countervailing Duty Determination, 77 FR 75975 (December 26, 2012) (Washers from Korea Final Results), and accompanying Issues and Decision Memorandum (Washers from Korea Issues and Decision Memorandum). --------------------------------------------------------------------------- Pursuant to the Remand Order, Commerce issued its Final Redetermination, which addressed the Court's holdings and revised the CVD rate for POSCO to 42.61 percent.\10\ On September 10, 2018, the CIT sustained in whole Commerce's Final Redetermination.\11\ --------------------------------------------------------------------------- \10\ See Memorandum POSCO et al., and AK Steel Corporation, et al., v. United States and Steel Dynamic Inc., et al.; Consol. Court No. 16-00225, Slip Op. 18-18 (CIT March 8, 2018); Final Results of Redetermination Pursuant to Court Remand, dated June 6, 2018, at 26. \11\ See POSCO et al., and AK Steel Corporation, et al., v. United States and Steel Dynamic Inc., et al.; Consol. Court No. 16- 00225, Slip Op. 18-1115 (CIT September 10, 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 Act, Commerce must publish a notice of court decision that is not ``in harmony'' with Commerce's determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's September 10, 2018 final judgement, ordering Commerce to proceed with replacing POSCO's 1.64 percent subsidy rate for programs that were calculated on the basis of adverse facts available with the 1.05 percent rate from Washers from Korea constitutes a final decision of that court that is not in harmony with the Final Amended Determination. This notice is published in fulfillment of the publication requirements of Timken. --------------------------------------------------------------------------- \12\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). \13\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- This notice is issued and published in accordance with sections 516A(e)(1), 705(c)(1)(B), and 777(i)(1) of the Act. [[Page 48278]] Dated: September 19, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018-20724 Filed 9-21-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices 48277
(10) calendar days following publication calculated a subsidy rate of 59.72 Commerce to reconsider its selection of
of this notice. These petitions are percent for POSCO.2 this rate.8 On the other hand, the Court
received pursuant to section 251 of the On March, 8, 2018, the CIT remanded found that Commerce’s corroboration
Trade Act of 1974, as amended. various aspects of the Amended Final and selection of the 1.05 percent rate
Please follow the requirements set Determination to Commerce.3 In its from Washers from Korea was
forth in EDA’s regulations at 13 CFR Remand Order, the Court held that supported by substantial evidence.9
315.9 for procedures to request a public ‘‘substantial evidence supports
Commerce’s decision to apply facts Pursuant to the Remand Order,
hearing. The Catalog of Federal
Domestic Assistance official number available.’’ 4 The Court held that the Commerce issued its Final
and title for the program under which record demonstrated that POSCO Redetermination, which addressed the
these petitions are submitted is 11.313, ‘‘withheld information, failed to timely Court’s holdings and revised the CVD
Trade Adjustment Assistance for Firms. provide information, and impeded the rate for POSCO to 42.61 percent.10 On
proceeding,’’ and that POSCO’s ‘‘failure September 10, 2018, the CIT sustained
Irette Patterson, to supply the requested information’’ in whole Commerce’s Final
Program Analyst. reflected a failure to act to the best of Redetermination.11
[FR Doc. 2018–20654 Filed 9–21–18; 8:45 am] its ability.5
BILLING CODE 3510–WH–P However, the Court also held that Timken Notice
Commerce had not conducted an In its decision in Timken,12 as
‘‘evaluation of the specific situation,’’
clarified by Diamond Sawblades,13 the
DEPARTMENT OF COMMERCE under the relatively new statutory
Court of Appeals for the Federal Circuit
language of section 776(d)(2) of the
International Trade Administration Tariff Act of 1930, as amended (the Act) held that, pursuant to section 516A(e) of
and had not explained ‘‘why this case the Act, Commerce must publish a
[C–580–882] notice of court decision that is not ‘‘in
justified its selection of the highest
rates.’’ 6 In addition, the Court harmony’’ with Commerce’s
Certain Cold-Rolled Steel Flat Products
From the Republic of Korea: Notice of concluded that the 1.64 percent rate determination and must suspend
Court Decision Not in Harmony With from Refrigerators from Korea was liquidation of entries pending a
Amended Final Determination of the ‘‘derived from estimates Commerce ‘‘conclusive’’ court decision. The CIT’s
Countervailing Duty Investigation made on the basis of an adverse September 10, 2018 final judgement,
inference,’’ and, therefore, was not ordering Commerce to proceed with
AGENCY: Enforcement and Compliance, corroborated, under section 776(c) of the replacing POSCO’s 1.64 percent subsidy
International Trade Administration, Act.7 The Court, therefore, instructed rate for programs that were calculated
Department of Commerce. on the basis of adverse facts available
SUMMARY: On September 10, 2018, the 2 See Countervailing Duty Investigation of Certain
with the 1.05 percent rate from Washers
United States Court of International Cold-Rolled Steel Flat Products from the Republic
of Korea: Final Affirmative Determination, 81 FR from Korea constitutes a final decision
Trade (CIT or Court) sustained the final 49943 (July 29, 2016) (Final Results) and of that court that is not in harmony with
remand results pertaining to the accompanying Memorandum, entitled ‘‘Issues and the Final Amended Determination. This
countervailing duty (CVD) investigation Decision Memorandum for the Final Determination
in the Countervailing Duty Investigation of Certain
notice is published in fulfillment of the
on certain cold-rolled steel flat products Cold-Rolled Steel Flat Products from the Republic publication requirements of Timken.
from the Republic of Korea covering the of Korea’’ (Issues and Decision Memorandum); see
period January 1, 2014, through also ‘‘Countervailing Duty Investigation of Certain
This notice is issued and published in
December 31, 2014. The Department of Cold-Rolled Steel flat Products from the Republic accordance with sections 516A(e)(1),
Commerce (Commerce) is notifying the of Korea: Final Determination Calculation 705(c)(1)(B), and 777(i)(1) of the Act.
Memorandum for POSCO, dated July 20, 2016
public that the final judgement in this (POSCO Final Analysis Memorandum). On
case is not in harmony with the September 20, 2016, the Commerce published its
Amended Final Determination of the amended final results upon consideration of various accompanying Issues and Decision Memorandum
ministerial error allegations. See Certain Cold- (Refrigerators from Korea Issues and Decision
CVD investigation and that Commerce is Rolled Steel Flat Products from Brazil, India, and
amending the Amended Final Memorandum).
the Republic of Korea: Amended Final Affirmative
8 Id. at 58.
Determination with respect to the CVD Countervailing Duty Determination and
rate assigned to POSCO. Countervailing Duty Order (the Republic of Korea) 9 Id. See also Large Residential Washers from the
and Countervailing Duty Orders (Brazil and India), Republic of Korea: Final Affirmative Countervailing
DATES: Applicable September 20, 2018. 81 FR 64436 (September 20, 2016) (Amended Final Duty Determination, 77 FR 75975 (December 26,
FOR FURTHER INFORMATION CONTACT: Results); see also ‘‘Response to Ministerial Error 2012) (Washers from Korea Final Results), and
Comments Filed by Hyundai Steel Co. Ltd. and accompanying Issues and Decision Memorandum
Yasmin Bordas at (202) 482–3813, AD/ POSCO,’’ dated August 24, 2016 (Ministerial Error
CVD Operations, Enforcement and (Washers from Korea Issues and Decision
Memo); and ‘‘Countervailing Duty Investigation of
Memorandum).
Compliance, International Trade Certain Cold-Rolled Steel Flat Products from the
10 See Memorandum POSCO et al., and AK Steel
Administration, U.S. Department of Republic of Korea: Amended Final Determination
Calculation Memorandum for POSCO,’’ dated Corporation, et al., v. United States and Steel
Commerce, 1401 Constitution Avenue August 24, 2016 (POSCO Amended Final Analysis Dynamic Inc., et al.; Consol. Court No. 16–00225,
NW, Washington, DC 20230. Memorandum). Slip Op. 18–18 (CIT March 8, 2018); Final Results
3 See POSCO et al., and AK Steel Corporation, et
SUPPLEMENTARY INFORMATION: of Redetermination Pursuant to Court Remand,
al., v. United States and Steel Dynamic Inc., et al., dated June 6, 2018, at 26.
Background Consol. Court No. 16–00225, Slip Op. 18–18 (CIT 11 See POSCO et al., and AK Steel Corporation,
2018) (Remand Order).
amozie on DSK3GDR082PROD with NOTICES1
On July 29, 2016, Commerce 4 See Remand Order at 26.
et al., v. United States and Steel Dynamic Inc., et
al.; Consol. Court No. 16–00225, Slip Op. 18–1115
published its Final Determination.1 5 Id. at 26–27.
(CIT September 10, 2018).
Upon consideration of ministerial error 6 Id. at 49.
12 See Timken Co. v. United States, 893 F.2d 337
allegations, Commerce issued an 7 Id. at 57–58. See also Bottom Mount
(Fed. Cir. 1990) (Timken).
Amended Final Determination and Combination Refrigerator-Freezers from the
13 See Diamond Sawblades Mfrs. Coalition v.
Republic of Korea: Final Affirmative Countervailing
Duty Determination, 77 FR 17410 (March 26, 2012) United States, 626 F.3d 1374 (Fed. Cir. 2010)
1 See Final Determination, 81 FR 49943. (Refrigerators from Korea Final Determination) and (Diamond Sawblades).
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![48278 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices
Dated: September 19, 2018. Preliminary Determination.3 The terephthalate resin from Indonesia.
James Maeder, petitioners 4 and Indorama 5 filed case Commerce did not receive any scope
Associate Deputy Assistant Secretary for and rebuttal briefs.6 A summary of the comments subsequent to the
Antidumping and Countervailing Duty events that occurred since Commerce Preliminary Determination and,
Operations performing the duties of Deputy published the Preliminary therefore, the scope has not been revised
Assistant Secretary for Antidumping and Determination, as well as a full since the Preliminary Determination.
Countervailing Duty Operations. discussion of the issues raised by For a complete description of the scope
[FR Doc. 2018–20724 Filed 9–21–18; 8:45 am] interested parties for this final of this investigation, see Appendix I.
BILLING CODE 3510–DS–P determination, may be found in the
Issues and Decision Memorandum.7 The Period of Investigation
Issues and Decision Memorandum is a The POI is July 1, 2016, through June
DEPARTMENT OF COMMERCE public document and is on file 30, 2017.
electronically via Enforcement and
International Trade Administration Verification
Compliance’s Antidumping and
[A–560–832] Countervailing Duty Centralized As provided in section 782(i) of the
Electronic Service System (ACCESS). Act, we conducted the cost and sales
Polyethylene Terephthalate Resin ACCESS is available to registered users verifications in Indonesia and the
From Indonesia: Final Determination of at http://access.trade.gov, and it is United States between May 4, 2018, and
Sales at Less Than Fair Value, and available to all parties in the Central June 22, 2018. We used standard
Final Affirmative Determination of Records Unit, Room B8024 of the main verification procedures, including an
Critical Circumstances, in Part Commerce building. In addition, a examination of relevant accounting and
complete version of the Issues and production records, and original source
AGENCY: Enforcement and Compliance,
Decision Memorandum can be accessed documents provided by the
International Trade Administration,
directly at http://enforcement.trade.gov/ respondents.
Department of Commerce.
SUMMARY: The Department of Commerce frn/. The signed and electronic versions
Final Affirmative Determination of
(Commerce) determines that imports of of the Issues and Decision
Critical Circumstances, in Part
polyethylene terephthalate (PET) resin Memorandum are identical in content.
For this final determination, as
from Indonesia is being sold in the Scope of the Investigation explained in detail in the accompanying
United States at less than fair value
The product covered by this Issues and Decision Memorandum, we
(LTFV), as provided in section 735 of
investigation is polyethylene determine that critical circumstances
the Tariff Act of 1930, as amended (the
exist for the Indorama Producers, but do
Act). 3 Id. at 19700; see also Memorandum, ‘‘Case Brief
not exist for ‘‘all other’’ producers or
DATES: Applicable September 24, 2018. Deadline Extension for the Antidumping Duty exporters not individually examined.8
FOR FURTHER INFORMATION CONTACT: Investigation of Polyethylene Terephthalate Resin
from Brazil,’’ dated July 10, 2018. Analysis of Comments Received
Caitlin Monks or Gene Calvert, AD/CVD 4 DAK Americas, M&G Polymers USA, LLC, and
Operations, Office VII, Enforcement and Nan Ya Plastics Corporation, America (collectively, All issues raised in the case and
Compliance, International Trade the petitioners). rebuttal briefs by parties in this
Administration, U.S. Department of 5 In the Preliminary Determination, in accordance
investigation are addressed in the Issues
Commerce, 1401 Constitution Avenue with section 771(33)(F) of the Act, we found the
following companies affiliated: PT. Indo-Rama
and Decision Memorandum, which is
NW, Washington, DC 20230; telephone: Synthetics Tbk (Indorama Synthetics), Indorama hereby adopted by this notice. A list of
(202) 482–2670 or (202) 482–3586, Ventures Alphapet Holdings, Inc. (Alphapet), the issues raised is attached to this
respectively. Indorama Ventures Indonesia (Ventures Indonesia), notice as Appendix II.
PT. Indorama Polypet Indonesia (Polypet), and
SUPPLEMENTARY INFORMATION: Indorama Polymers Public Company Ltd. Use of Facts Otherwise Available and
(Polymers). Further, we collapsed, pursuant to 19 Adverse Inferences
Background CFR 351.401(f), the following three Indonesian
On April 24, 2018 Commerce producers into a single entity: Indorama Synthetics, For purposes of this final
Ventures Indonesia, and Polypet, collectively determination, Commerce relied on
published in the Federal Register its referred to as Indorama Producers throughout this
preliminary affirmative determination of final determination. See PDM at 6–11. We have facts otherwise available with an
critical circumstances, in part.1 On May made no changes to these findings in our final adverse inference when calculating the
4, 2018, Commerce published in the determination. We received responses from the margin for the Indorama Producers (a
Indorama Producers, and their U.S. affiliate, collapsed entity comprised of three
Federal Register the preliminary Alphapet, which we refer to collectively as
affirmative determination of sales at Indorama throughout this final determination. producers),9 pursuant to sections
LTFV in the antidumping duty (AD) 6 See Petitioners’ Case Brief, ‘‘Petitioners’ Case 776(a)(1) and (2)(A)(C)(D) and 776(b) of
investigation of PET resin from Brief,’’ dated August 15, 2018 (Petitioners’ Case the Act. For further information
Indonesia.2 Commerce invited Brief); see also Indorama’s Case Brief, regarding the use of facts available and
‘‘Polyethylene Terephthalate Resin (‘PET Resin’)
comments from interested parties on the from Indonesia: Administrative Case Brief,’’ dated
adverse inferences, see the Issues and
August 16, 2018 (Indorama’s Case Brief); see also Decision Memorandum.
1 See Antidumping Duty Investigations on Petitioners’ Rebuttal Brief, ‘‘Petitioners’ Rebuttal
Polyethylene Terephthalate Resin from Indonesia, Brief,’’ dated August 22, 2018 (Petitioners’ Rebuttal Changes Since the Preliminary
the Republic of Korea, and Taiwan; Preliminary Brief); see also Indorama’s Revised Rebuttal Brief, Determination
Determination of Critical Circumstances, 83 FR ‘‘Polyethylene Terephthalate Resin (‘PET Resin’)
Based on our analysis of the
amozie on DSK3GDR082PROD with NOTICES1
17791 (April 24, 2018) (Preliminary Critical from Indonesia: Rebuttal Brief,’’ dated August 24,
Circumstances Determination). 2018 (Indorama’s Rebuttal Brief). comments received and our findings at
2 See Polyethylene Terephthalate Resin from 7 See Memorandum, ‘‘Issues and Decision verification, we are now relying on facts
Brazil: Preliminary Determination of Sales at Less Memorandum for the Final Affirmative available in determining a dumping
Than Fair Value, Postponement of Final Determination in the Less-Than-Fair-Value
Determination, and Extension of Provisional Investigation of Polyethylene Terephthalate Resin
margin for the Indorama Producers.
Measures, 83 FR 19699 (May 4, 2018) (Preliminary from Indonesia,’’ dated concurrently with, and
8 See Issues and Decision Memorandum at IV.
Determination) and accompanying Preliminary hereby adopted by, this notice (Issues and Decision
Decision Memorandum (PDM). Memorandum). 9 See supra n.4.
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Document Created: 2018-09-22 00:32:47
Document Modified: 2018-09-22 00:32:47
| 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 | Applicable September 20, 2018. | |
| Contact | Yasmin Bordas at (202) 482-3813, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 48277 |
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