SUPPLEMENTARY INFORMATION:

Background

On December 13, 2023, Commerce published its Final Results in the 2021 CVD administrative review of CTL Plate from Korea.^[1] In the Final Results, Commerce found that POSCO, the sole mandatory respondent, received countervailable subsidies from the Government of Korea (GOK) during the period of review (POR). Commerce calculated an overall net subsidy rate of 0.87 percent ad valorem.^[2]

POSCO appealed Commerce's Final Results. On August 8, 2025, the CIT remanded the Final Results to Commerce, directing Commerce to reconsider the following: (1) Commerce's finding that the provision of electricity for less than adequate renumeration (LTAR) in Korea was de facto specific under section 771(5A)(D)(iii)(III) of the Tariff Act of 1930, as amended (the Act); (2) Commerce's finding that the provision of Korean Emission Trading System (K-ETS) permits provided a financial contribution in the form of revenue forgone within the meaning of 771(5)(D) of the Act; and (3) Commerce's finding that the provision of K-ETS permits is specific under section 771(5A)(D)(i) of the Act.^[3]

In the First Final Remand Redetermination, issued on December 9, 2025, Commerce determined that: (1) there was a lack of evidence on the record to find the provision of electricity for LTAR de facto specific under section 771(5A)(D)(iii)(III) of the Act and therefore found the provision of electricity for LTAR not countervailable; (2) the provision of K-ETS permits by the GOK provided a financial contribution in the form of a direct transfer of funds within the meaning of section 771(5)(D)(i) of the Act; and (3) the provision of K-ETS permits is contingent upon export performance in accordance with sections 771(5A)(A) and (B) of the Act.^[4]

On April 17, 2026, the CIT issued its Second Remand Order  ^[5] which sustained Commerce on its findings regarding (1) provision of electricity for LTAR and (2) the financial contribution of K-ETS permits. However, the CIT found that Commerce's determination that the provision of K-ETS permits was export contingent was not in accordance with law and remanded the third issue, Commerce's specificity finding for the provision of K-ETS permits, to Commerce for further consideration.^[6]

In the Second Final Remand Redetermination,^[7] issued on July 11, ( printed page 70053) 2026, Commerce determined that the provision of K-ETS permits is de facto specific, pursuant to section 771(5A)(D)(iii)(I) of the Act. Based on this analysis, Commerce calculated a revised 0.80 percent total ad valorem subsidy rate for POSCO. On October 27, 2026, the CIT sustained Commerce's Second Final Remand Redetermination.^[8]

Timken Notice

In its decision in Timken,^[9] as clarified by Diamond Sawblades,^[10] the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Act, Commerce must publish a notice of court decision that is not “in harmony” with a Commerce determination and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's October 27, 2026, judgment constitutes a final decision of the CIT that is not in harmony with Commerce's Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken.

Amended Final Results

Because there is now a final court judgment, Commerce is amending its Final Results with respect to POSCO as follows:

Cash Deposit Requirements

Because POSCO has a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to CBP. This notice will not affect the current cash deposit rate.

Liquidation of Suspended Entries

At this time, Commerce remains enjoined by CIT order from liquidating entries that: were produced by POSCO and exported by POSCO International and were entered, or withdrawn from warehouse, for consumption during the period January 1, 2021, through December 31, 2021. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process.

In the event the CIT's ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess countervailing duties on unliquidated entries of subject merchandise produced and/or exported by POSCO in accordance with 19 CFR 351.212(b). We will instruct CBP to assess countervailing duties on all appropriate entries covered by this review when the ad valorem rate is not zero or de minimis. Where an ad valorem subsidy rate is zero or de minimis,^[12] we will instruct CBP to liquidate the appropriate entries without regard to countervailing duties.

Notification to Interested Parties

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

91 FR 70052