[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Notices]
[Pages 6129-6131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03240]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-856]


Corrosion-Resistant Steel Products From Taiwan: Notice of Court 
Decision Not in Harmony With Final Determination of Antidumping Duty 
Investigation and Notice of Amended Final Determination of 
Investigation

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

SUMMARY: On December 20, 2018, the United States Court of International 
Trade (Court) issued a final judgment in Prosperity Tieh Enterprise 
Co., Ltd. et al. v. United States, Consol. Court No. 16-00138; Slip Op. 
18-175 (CIT Dec. 20, 2018), sustaining the Department of Commerce's 
(Commerce) remand results for the final determination of the 
antidumping investigation of certain corrosion-resistant steel products 
(CORE) from Taiwan, covering the period of investigation (POI) April 1, 
2014, through March 31, 2015. Commerce is notifying the public that the 
Court has made a final judgment that is not in harmony with Commerce's 
amended final determination of the antidumping investigation, and that

[[Page 6130]]

Commerce is amending the final determination.

DATES: Applicable December 30, 2018.

FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-6386.

SUPPLEMENTARY INFORMATION: 

Background

    On June 2, 2016, Commerce published its Final Determination, and on 
July 25, 2016, Commerce published its Amended Final Determination and 
Order concerning the antidumping investigation of CORE from Taiwan.\1\ 
The plaintiffs in this litigation, consisting of the two-mandatory 
respondents, Prosperity Tieh Enterprise Co., Ltd. (Prosperity) and Yieh 
Phui Enterprise Co., Ltd. (Yieh Phui) timely filed complaints with the 
Court challenging certain aspects of Commerce's investigation. The 
petitioners in the investigation, AK Steel Corporation, Nucor 
Corporation, Steel Dynamics, Inc., California Steel Industries, Inc., 
ArcelorMittal USA LLC, and United States Steel Corporation intervened 
as defendant-intervenors.
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    \1\ Certain Corrosion-Resistant Steel Products from Taiwan: 
Final Determination of Sales at Less Than Fair Value and Final 
Affirmative Determination of Critical Circumstances, in Part, 81 FR 
35313 (June 2, 2016), and accompanying Issues and Decision 
Memorandum (IDM) (Final Determination), as amended by Certain 
Corrosion-Resistant Steel Products from India, Italy, the People's 
Republic of China, the Republic of Korea and Taiwan: Amended Final 
Affirmative Antidumping Determination for India and Taiwan, and 
Antidumping Duty Orders, 81 FR 48390 (July 25, 2016) (Amended Final 
Determination and Order).
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    On January 23, 2018, the Court remanded three aspects of Commerce's 
findings, in Prosperity Tieh I.\2\ First, the Court held that 
Commerce's determination to deny Yieh Phui's and Synn Industrial Co., 
Ltd.'s post-sale rebate adjustments ``violated its own regulations,'' 
and remanded to Commerce to ``correct this error.'' \3\ Second, the 
Court remanded Commerce's determination to collapse Prosperity, Yieh 
Phui, and Synn pursuant to its analysis under 19 CFR 351.401(f), 
because ``the collapsing decision was based on erroneous findings of 
fact.'' \4\ Third, the Court remanded Commerce's application of partial 
adverse facts available to Prosperity based on Commerce's finding that 
Prosperity misclassified certain of its products in reporting sales in 
the databases by placing these products in the wrong yield strength 
category.\5\ The Court held that, in reporting its yield strength, 
``Prosperity complied with the instructions as Commerce wrote them.'' 
\6\ The Court ruled that ``Commerce may not use facts otherwise 
available as a substitute for information that is now on the 
administrative record of the investigation, but indicated that ``the 
type of corrective action is a matter for Commerce to decide'' as to 
this remanded issue.\7\
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    \2\ See Prosperity Tieh Enterprise Co., Ltd. et al. v. United 
States, Consol. Court No. 16-00138; Slip Op. 18-5, at 2, 31-32 (CIT 
January 23, 2018) (Prosperity Tieh I).
    \3\ Id. at 6-15.
    \4\ Id. at 15-20.
    \5\ Id. at 20-31.
    \6\ Id. at 28.
    \7\ Id. at 30-31.
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    In its Final Results Redetermination, Commerce: (1) Granted, under 
protest, downward price adjustments to the home market sales price 
equal to the amount of Yieh Phui's post-sale rebates granted to the 
company's home market customers; (2) continued to treat Prosperity, 
Yieh Phui, and Synn as a single-entity consistent with 19 CFR 
351.401(f); and (3) revised, under protest, the Yieh Phui/Prosperity/
Synn entity's weighted-average dumping margin by using Prosperity's 
reported yield strength data.\8\ After accounting for all such changes 
and issues in the Final Results Redetermination, the resulting 
antidumping margin for the Yieh Phui/Prosperity/Synn entity is 3.66 
percent.\9\ On December 20, 2018, the Court sustained the Final Results 
Redetermination, in Prosperity II.\10\
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    \8\ See Final Results of Redetermination Pursuant to Prosperity 
Tieh Enterprise Co., Ltd. et al. v. United States, Consol. Court No. 
16-00138; Slip. Op. 18-5, dated May 23, 2018 (Final Results 
Redetermination).
    \9\ Id. at 31.
    \10\ See Prosperity Tieh Enterprise Co., Ltd. et al. v. United 
States, Consol. Court No. 16-00138, Slip. Op. 18-175 (CIT December 
20, 2018) (Prosperity II) (this opinion was made public on February 
11, 2019).
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Timken Notice

    In its decision in Timken,\11\ as clarified by Diamond 
Sawblades,\12\ the Court of Appeals for the Federal Circuit (Federal 
Circuit) held that, pursuant to section 516A of the Tariff Act of 1930, 
as amended (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.\13\ The Court's December 20, 2018, judgment constitutes a 
final decision of the Court that is not in harmony with Commerce's 
Final Determination and Amended Final Determination and Order. As such, 
Commerce has published this notice in fulfillment of the publication 
requirement of Timken.
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    \11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \13\ See sections 516A(c) and (e) of the Act.
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Amended Final Determination and Amended Order

    Because there is now a final court decision, Commerce is amending 
the Final Determination and Amended Final Determination and Order with 
respect to the weighted-average dumping margin for the Yieh Phui/
Prosperity/Synn entity. Furthermore, in the Amended Final Determination 
and Order, and in accordance with section 735(c)(5)(A) of the Act, for 
companies not individually investigated, we applied an ``all-others'' 
rate of 10.34 percent.\14\ This rate was determined based on assigning 
the Yieh Phui/Prosperity/Synn entity's rate as the all-others rate.\15\ 
As noted above, the Yieh Phui/Prosperity/Synn's amended weighted-
average dumping margin is now 3.66 percent. Therefore, for purposes of 
this amended Final Determination, Commerce will instruct CBP that the 
all-others rate is to be amended to 3.66 percent.\16\ Accordingly, the 
revised weighted-average dumping margin for the collapsed Yieh Phui/
Prosperity/Synn entity and for all-others is as follows:
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    \14\ See Amended Final Determination and Order, 81 FR at 48391; 
Final Determination, 81 FR at 35314.
    \15\ See Final Determination, 81 FR at 35314.
    \16\ See United States Steel Corp. v. United States, Slip Op. 
18-139, at 8 (CIT October 17, 2018).

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Producer                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd., Yieh Phui Enterprise          3.66
 Co., Ltd., and Synn Industrial Co., Ltd....................
All-Others..................................................        3.66
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Cash Deposit Requirements

    Since the Final Determination, Commerce has established a new cash 
deposit rate for Prosperity and Yieh Phui/Synn.\17\ Therefore, this 
amended final determination does not change the

[[Page 6131]]

later-established cash deposit rates for those producers and/or 
exporters. For all-other producers and/or exporters, except for 
companies that subsequently received their own rates in the first 
administrative review,\18\ Commerce will issue revised cash deposit 
instructions to U.S. Customs and Border Protection, adjusting the cash 
deposit rate for all-other producers and/or exporters to 3.66 percent, 
effective December 30, 2018.
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    \17\ See Certain Corrosion-Resistant Steel Products from Taiwan: 
Final Results of Antidumping Administrative Review; 2016-2017, 83 FR 
64527 (December 17, 2018) (First Administrative Review Final 
Results). As a result of this administrative review, Commerce 
continued to treat Yieh Phui and Synn as a single entity and 
determined that Prosperity should no longer be collapsed with Yieh 
Phui and Synn.
    \18\ Id., at 64528.
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    Lastly, we note that, at this time, Commerce remains enjoined by 
Court order from liquidating entries that were produced and/or exported 
by Prosperity and imported by Prosperity Tieh USA, that were the 
subject of the  First Administrative Review Final Results, and that 
were entered, or withdrawn from warehouse, on or after June 2, 2016, up 
to and including June 30, 2017. These entries will remain enjoined 
pursuant to the terms of the injunction during the pendency of any 
appeals process.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e), 751(a)(1), and 777(i)(1) of the Act.

    Dated: February 19, 2019.
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. 2019-03240 Filed 2-25-19; 8:45 am]
 BILLING CODE 3510-DS-P