[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39054-39055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16898]


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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\
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    \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.
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    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\
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    \4\ See Hyundai Steel Company v. United States, Court No. 16-
00161, Slip Op. 18-2 (Hyundai v. U.S.).
    \5\ Id.
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    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\
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    \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).
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    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.
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    \11\ See Hyundai Steel Company v. United States, CIT Slip Op. 
18-2, Ct. No. 16-00161 (June 22, 2018).
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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.
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    \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).
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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\
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    \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.''
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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