83 FR 55696 - Certain Corrosion-Resistant Steel Products From India: Notice of Court Decision Not in Harmony With the Affirmative Final Determination and Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 216 (November 7, 2018)

Page Range		55696-55697
FR Document		2018-24355

On October 23, 2018, the United States Court of International Trade (CIT or the Court) sustained the final results of redetermination pertaining to the countervailing duty (CVD) investigation of certain corrosion-resistant steel products (CORE) from India for the period of investigation from January 1, 2014, through December 31, 2014. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with the Final Determination and Order of the investigation and that Commerce is amending the Final Determination and Order with respect to the CVD cash deposit rate assigned to JSW Steel Limited and JSW Steel Coated Products Limited (collectively JSW).

Federal Register, Volume 83 Issue 216 (Wednesday, November 7, 2018)

[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Notices]
[Pages 55696-55697]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24355]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-864]


Certain Corrosion-Resistant Steel Products From India: Notice of 
Court Decision Not in Harmony With the Affirmative Final Determination 
and Countervailing Duty Order

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

SUMMARY: On October 23, 2018, the United States Court of International 
Trade (CIT or the Court) sustained the final results of redetermination 
pertaining to the countervailing duty (CVD) investigation of certain 
corrosion-resistant steel products (CORE) from India for the period of 
investigation from January 1, 2014, through December 31, 2014. The 
Department of Commerce (Commerce) is notifying the public that the 
final judgment in this case is not in harmony with the Final 
Determination and Order of the investigation and that Commerce is 
amending the Final Determination and Order with respect to the CVD cash 
deposit rate assigned to JSW Steel Limited and JSW Steel Coated 
Products Limited (collectively JSW).

DATES: This order is effective November 2, 2018.

FOR FURTHER INFORMATION CONTACT: Christian Llinas, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone (202) 482-4877.

SUPPLEMENTARY INFORMATION: 

Background

    On June 2, 2016, Commerce published its Final Determination in the 
CVD investigation of CORE from India.\1\ Commerce issued an Amended 
Final Determination explaining its critical circumstances analysis, on 
June 14, 2016.\2\ Commerce published the countervailing duty order 
resulting from the investigation on July 25, 2016.\3\
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    \1\ See Countervailing Duty Investigation of Certain Corrosion-
Resistant Steel Products from India: Final Affirmative 
Determination, 81 FR 35323 (June 2, 2016) (Final Determination) and 
accompanying Issues and Decision Memorandum (IDM).
    \2\ See Countervailing Duty Investigation of Certain Corrosion-
Resistant Steel Products from India: Notice of Correction to Final 
Affirmative Determination; Negative Determination of Critical 
Circumstances, 81 FR 38671 (June 14, 2016) (Amended Final 
Determination).
    \3\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, Republic of Korea and the People's Republic of China: 
Countervailing Duty Order, 81 FR 48387 (July 25, 2016) (Order).
---------------------------------------------------------------------------

    On May 9, 2018, the CIT remanded the Final Determination to 
Commerce.\4\ Specifically, the CIT remanded the Final Determination 
directing Commerce to recalculate JSW's CVD rate without regard to JSW 
Steel (Salav) Limited (Salav), a cross-owned input supplier.\5\ On 
August 7, 2018, Commerce issued its final results of redetermination 
pursuant to remand in accordance with the CIT's order.\6\ On remand, 
Commerce, under respectful protest,\7\ recalculated JSW's CVD rate 
without regard to Salav, and also recalculated the ``all-others'' rate. 
On October 23, 2018, the CIT sustained Commerce's Final 
Redetermination.\8\ The effective date of this notice is November 2, 
2018.
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    \4\ JSW Steel Ltd. and JSW Steel Coated Products Ltd. v. United 
States, Court No. 16-00165, Slip Op. 18-51 (CIT May 9, 2018).
    \5\ Id. at 8-9.
    \6\ See Final Results of Redetermination Pursuant to Court 
Remand JSW Steel Limited and JSW Steel Coated Products Limited v. 
United States, Slip Op. 18-51 (CIT May 9, 2018), dated August 7, 
2018 (Final Redetermination).
    \7\ See Viraj Group, Ltd. v. United States, 343 F.3d 1371 (Fed. 
Cir. 2003).
    \8\ See JSW Steel Ltd. and JSW Steel Coated Products Ltd. v. 
United States, Court No. 16-00165, Slip Op. 18-147 (CIT Oct. 23, 
2018).
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Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ the Court of Appeals for the Federal Circuit (CAFC) held 
that, pursuant to section 516A of the Tariff Act of 1930, as amended 
(the Act), Commerce must publish a notice of a court decision that is 
not ``in harmony'' with a Commerce determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision.\11\ The 
CIT's October 23, 2018, final judgment affirming the Final 
Redetermination constitutes a final decision of the Court that is not 
in harmony with Commerce's Final Determination and Order. This notice 
is published in fulfillment of the publication requirements of Timken 
and section 516A of the Act.
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    \9\ See Timken Co., v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \11\ See Sections 516A(c) and (e) of the Act.
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Amended Final Determination

    Because there is now a final court decision, Commerce is amending 
its Final Determination and Order. Commerce finds that the revised 
countervailable subsidy rate for JSW and the revised ``all-others'' 
rate are as follows:

[[Page 55697]]



------------------------------------------------------------------------
                                                            Net subsidy
                    Producer/exporter                     rate (percent)
------------------------------------------------------------------------
JSW Steel Limited and JSW Steel Coated Products Limited.            4.24
``All-others'' rate.....................................            6.12
------------------------------------------------------------------------

Cash Deposit Requirements

    Because JSW does not have a superseding cash deposit rate, i.e., 
there have been no final results published in subsequent administrative 
reviews for JSW, Commerce will issue revised cash deposit instructions 
to CBP. Commerce will also instruct CBP to collect cash deposits for 
companies covered by the ``all-others'' cash deposit rate according to 
the table above.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c)(1) and (e), 705(c)(1)(B), and 777(i)(1) of the Act.

    Dated: November 1, 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. 2018-24355 Filed 11-6-18; 8:45 am]
 BILLING CODE 3510-DS-P

55696 Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices

• lllmy company is the end-user of the DEPARTMENT OF COMMERCE On May 9, 2018, the CIT remanded
imported product covered by this the Final Determination to Commerce.4
certification, International Trade Administration Specifically, the CIT remanded the Final
Or Determination directing Commerce to
• lllmy company is not the end-user of [C–533–864]
the imported products covered by this
recalculate JSW’s CVD rate without
certification, but I have contacted the end- Certain Corrosion-Resistant Steel regard to JSW Steel (Salav) Limited
user and advised them in writing of the end- Products From India: Notice of Court (Salav), a cross-owned input supplier.5
use requirements for the imported product Decision Not in Harmony With the On August 7, 2018, Commerce issued its
and an official of the end-user has signed a Affirmative Final Determination and final results of redetermination pursuant
copy of this certification; Countervailing Duty Order to remand in accordance with the CIT’s
• This tire cord wire rod shall be used for order.6 On remand, Commerce, under
tire cord applications, which require that the AGENCY: Enforcement and Compliance, respectful protest,7 recalculated JSW’s
tire cord wire rod be drawn into wire with International Trade Administration,
CVD rate without regard to Salav, and
a diameter of 0.405 mm or less; Department of Commerce.
also recalculated the ‘‘all-others’’ rate.
• This tire cord wire rod will not be drawn SUMMARY: On October 23, 2018, the
into wire with a diameter greater than 0.405 On October 23, 2018, the CIT sustained
United States Court of International Commerce’s Final Redetermination.8
mm; Trade (CIT or the Court) sustained the
• I understand that {INSERT NAME OF The effective date of this notice is
final results of redetermination
IMPORTING COMPANY} is required to November 2, 2018.
pertaining to the countervailing duty
maintain a copy of this certification
(including a copy signed by an end-user that
(CVD) investigation of certain corrosion- Timken Notice
is not the importer) and sufficient resistant steel products (CORE) from
India for the period of investigation In its decision in Timken,9 as clarified
documentation supporting this certification
for the later of (1) a period of five years from from January 1, 2014, through December by Diamond Sawblades,10 the Court of
the date of entry or (2) a period of three years 31, 2014. The Department of Commerce Appeals for the Federal Circuit (CAFC)
after the conclusion of any litigation in the (Commerce) is notifying the public that held that, pursuant to section 516A of
United States courts regarding such entries; the final judgment in this case is not in the Tariff Act of 1930, as amended (the
• I understand that {INSERT NAME OF harmony with the Final Determination Act), Commerce must publish a notice
IMPORTING COMPANY} is required to and Order of the investigation and that of a court decision that is not ‘‘in
provide this certification and supporting Commerce is amending the Final harmony’’ with a Commerce
records, upon entry, to U.S. Customs and Determination and Order with respect to determination and must suspend
Border Protection (CBP); the CVD cash deposit rate assigned to liquidation of entries pending a
• I understand that the claims made JSW Steel Limited and JSW Steel Coated ‘‘conclusive’’ court decision.11 The
herein, and the substantiating Products Limited (collectively JSW).
documentation, are subject to verification by CIT’s October 23, 2018, final judgment
CBP and/or the U.S. Department of DATES: This order is effective November affirming the Final Redetermination
Commerce (Commerce); 2, 2018. constitutes a final decision of the Court
• I understand that failure to maintain the FOR FURTHER INFORMATION CONTACT: that is not in harmony with Commerce’s
required certification and/or failure to Christian Llinas, AD/CVD Operations, Final Determination and Order. This
substantiate the claims made herein will Office V, Enforcement and Compliance, notice is published in fulfillment of the
result in: International Trade Administration, publication requirements of Timken and
Æ suspension of liquidation of all U.S. Department of Commerce, 1401 section 516A of the Act.
unliquidated entries (and entries for which Constitution Avenue NW, Washington,
liquidation has not become final) for which DC 20230; telephone (202) 482–4877. Amended Final Determination
these requirements were not met; and
Æ the requirement that the importer post SUPPLEMENTARY INFORMATION: Because there is now a final court
applicable antidumping duty (AD) cash Background decision, Commerce is amending its
deposits equal to the rates as determined by Final Determination and Order.
Commerce; On June 2, 2016, Commerce published Commerce finds that the revised
• I understand that agents of the importer, its Final Determination in the CVD countervailable subsidy rate for JSW
such as brokers, are not permitted to make investigation of CORE from India.1
and the revised ‘‘all-others’’ rate are as
this certification; Commerce issued an Amended Final
• This certification was completed at the
follows:
Determination explaining its critical
time of entry; circumstances analysis, on June 14,
• I am aware that U.S. law (including, but 2016.2 Commerce published the
4 JSW Steel Ltd. and JSW Steel Coated Products

not limited to, 18 U.S.C. 1001) imposes Ltd. v. United States, Court No. 16–00165, Slip Op.
countervailing duty order resulting from 18–51 (CIT May 9, 2018).
criminal sanctions on individuals who the investigation on July 25, 2016.3 5 Id. at 8–9.
knowingly and willfully make material false 6 See Final Results of Redetermination Pursuant
statements to the U.S. government. to Court Remand JSW Steel Limited and JSW Steel
1 See Countervailing Duty Investigation of Certain
IMPORTER SIGNATURE lllllllll Corrosion-Resistant Steel Products from India: Final Coated Products Limited v. United States, Slip Op.
NAME OF COMPANY OFFICIAL lllll Affirmative Determination, 81 FR 35323 (June 2, 18–51 (CIT May 9, 2018), dated August 7, 2018
TITLE lllllllllllllllll 2016) (Final Determination) and accompanying (Final Redetermination).
7 See Viraj Group, Ltd. v. United States, 343 F.3d
DATE lllllllllllllllll Issues and Decision Memorandum (IDM).
2 See Countervailing Duty Investigation of Certain 1371 (Fed. Cir. 2003).
END-USER SIGNATURE (if other than im-
amozie on DSK3GDR082PROD with NOTICES1

8 See JSW Steel Ltd. and JSW Steel Coated
Corrosion-Resistant Steel Products from India:
porter) lllllllllllllllll Notice of Correction to Final Affirmative Products Ltd. v. United States, Court No. 16–00165,
NAME OF COMPANY OFFICIAL lllll Determination; Negative Determination of Critical Slip Op. 18–147 (CIT Oct. 23, 2018).
TITLE lllllllllllllllll Circumstances, 81 FR 38671 (June 14, 2016) 9 See Timken Co., v. United States, 893 F.2d 337

COMPANY NAME llllllllllll (Amended Final Determination). (Fed. Cir. 1990) (Timken).
DATE lllllllllllllllll 3 See Certain Corrosion-Resistant Steel Products 10 See Diamond Sawblades Mfrs. Coalition v.

from India, Italy, Republic of Korea and the United States, 626 F.3d 1374 (Fed. Cir. 2010)
[FR Doc. 2018–24350 Filed 11–6–18; 8:45 am] People’s Republic of China: Countervailing Duty (Diamond Sawblades).
BILLING CODE 3510–DS–P Order, 81 FR 48387 (July 25, 2016) (Order). 11 See Sections 516A(c) and (e) of the Act.

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Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices 55697

decision by NMFS whether to approve
Net subsidy Authority
Producer/exporter rate the proposed hatchery program.
(percent) Under section 4 of the ESA, the
DATES: Comments must be received at Secretary of Commerce is required to
JSW Steel Limited and JSW the appropriate address or fax number adopt such regulations as s/he deems
Steel Coated Products (see ADDRESSES) no later than 5 p.m. necessary and advisable for the
Limited ............................... 4.24 Pacific time on December 7, 2018. conservation of species listed as
‘‘All-others’’ rate .................... 6.12 ADDRESSES: Written comments on the threatened under the ESA. The ESA
application should be addressed to salmon and steelhead 4(d) rule (65 FR
Cash Deposit Requirements NMFS West Coast Region, California 42422, July 10, 2000, as updated in 70
Because JSW does not have a Coastal Office, 1655 Heindon Road, FR 37160, June 28, 2005), specifies
superseding cash deposit rate, i.e., there Arcata, CA 95521, or faxed to (707) 825– categories of activities that contribute to
have been no final results published in 4840. Comments may be submitted by the conservation of ESA-listed
subsequent administrative reviews for email to: TrinityRiverHatchery salmonids and sets out the criteria for
JSW, Commerce will issue revised cash Plan.wcr@noaa.gov. Include in the such activities. Limit 5 of the updated
deposit instructions to CBP. Commerce subject line of the email comment the 4(d) rule (50 CFR 223.203(b)(5)) further
will also instruct CBP to collect cash following identifier: Comments on the provides that the prohibitions of
deposits for companies covered by the Trinity River Hatchery plan. paragraph (a) of the updated 4(d) rule
‘‘all-others’’ cash deposit rate according FOR FURTHER INFORMATION CONTACT: Seth (50 CFR 223.203(a)) do not apply to
to the table above. Naman, at phone number: (707) 825– activities associated with artificial
5180, or via email: Seth.Naman@ propagation programs provided that an
Notification to Interested Parties HGMP has been approved by NMFS in
noaa.gov.
This notice is issued and published in accordance with the salmon and
accordance with sections 516A(c)(1) and SUPPLEMENTARY INFORMATION: steelhead 4(d) rule (65 FR 42422, July
(e), 705(c)(1)(B), and 777(i)(1) of the Act. Species covered in this notice: 10, 2000, as updated in 70 FR 37160,
Dated: November 1, 2018. Coho salmon (O. kisutch): Threatened, June 28, 2005).
James Maeder, naturally produced and artificially Dated: November 1, 2018.
propagated Southern Oregon/Northern Angela Somma,
Associate Deputy Assistant Secretary for
California (SONCC).
Antidumping and Countervailing Duty Chief, Endangered Species Conservation
Operations performing the duties of Deputy Reclamation and CDFW have Division, Office of Protected Resources,
Assistant Secretary for Antidumping and submitted an HGMP to NMFS National Marine Fisheries Service.
Countervailing Duty Operations. describing a hatchery program that [FR Doc. 2018–24384 Filed 11–6–18; 8:45 am]
[FR Doc. 2018–24355 Filed 11–6–18; 8:45 am] releases coho salmon into the upper BILLING CODE 3510–22–P
BILLING CODE 3510–DS–P Trinity River, in northern California, for
consideration pursuant to Limit 5 of the
ESA 4(d) rule for salmon and steelhead. DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE The hatchery program that is the
subject of the NMFS evaluation would National Oceanic and Atmospheric
National Oceanic and Atmospheric Administration
Administration operate to produce coho salmon to
mitigate for lost natural production that Proposed Information Collection;
RIN 0648–XG571 would have occurred in historic Comment Request; Evaluation of the
spawning habitat upstream of the Pacific Islands Managed and Protected
Endangered and Threatened Species; Trinity River Dam and the Lewiston
Take of Anadromous Fish Area Community (PIMPAC)
Dam (i.e., habitat blocked since the
AGENCY: National Marine Fisheries dams were constructed). The program AGENCY:National Oceanic and
Service (NMFS), National Oceanic and would propagate coho salmon smolts Atmospheric Administration (NOAA),
Atmospheric Administration (NOAA), that are derived from the local coho Commerce.
Commerce. salmon population in the Trinity River,
ACTION: Notice.
ACTION: Notice; availability of hatchery matching natural-origin coho salmon
plan and request for comment. with their natural counterparts SUMMARY: The Department of
whenever possible, and striving for a Commerce, as part of its continuing
SUMMARY: Notice is hereby given that high proportion of natural influence effort to reduce paperwork and
the Bureau of Reclamation (average greater than 0.67). Measures respondent burden, invites the general
(Reclamation) and the California would be applied in the hatchery public and other Federal agencies to
Department of Fish and Wildlife program to reduce the risk of incidental take this opportunity to comment on
(CDFW) have submitted a Hatchery and adverse genetic, ecological, and proposed and/or continuing information
Genetics Management Plan (HGMP) demographic effects on natural-origin collections, as required by the
pursuant to the protective regulations salmon populations. Paperwork Reduction Act of 1995.
promulgated for Pacific salmon and As specified in the July 10, 2000, ESA
steelhead under the Endangered Species 4(d) rule for salmon and steelhead (65 DATES:Written comments must be
Act (ESA). The HGMP specifies the FR 42422) and updated June 28, 2005 submitted on or before January 7, 2019.
amozie on DSK3GDR082PROD with NOTICES1

operation of a hatchery program rearing (70 FR 37160), NMFS may approve an ADDRESSES: Direct all written comments
coho salmon in the upper Trinity River HGMP if it meets criteria set forth in 50 to Jennifer Jessup, Departmental
within the State of California. This CFR 223.203(b)(5)(i)(A) through (K). Paperwork Clearance Officer,
document serves to notify the public of Prior to final approval of an HGMP, Department of Commerce, Room 6616,
the availability of the HGMP and NMFS must publish notification 14th and Constitution Avenue NW,
associated draft environmental announcing its availability for public Washington, DC 20230 (or via the
assessment (EA) for comment prior to a review and comment. internet at pracomments@doc.gov).

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Document Created: 2018-11-07 00:04:39
Document Modified: 2018-11-07 00:04:39

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		This order is effective November 2, 2018.
Contact		Christian Llinas, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-4877.
FR Citation		83 FR 55696

83 FR 55696 - Certain Corrosion-Resistant Steel Products From India: Notice of Court Decision Not in Harmony With the Affirmative Final Determination and Countervailing Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 216 (November 7, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration