[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Notices]
[Pages 55696-55697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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).
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    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]]



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