[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Notices]
[Pages 7344-7345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03822]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-812]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria:
Notice of Court Decision Not in Harmony With Final Determination in
Less Than Fair Value Investigation and Notice of Amended Final
Determination and Order Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 12, 2019, the United States Court of International
Trade (CIT or the Court) sustained the final results of redetermination
pertaining to the less-than-fair-value (LTFV) investigation of certain
carbon and alloy steel cut-to-length plate (CTL plate) from Austria for
the period of investigation from April 1, 2015, through March 31, 2016.
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 cash
deposit rate assigned to voestalpine Grobblech GmbH, voestalpine Steel
Service Center GmbH, Bohler Edelstahl GmbH & Co KG, Bohler Bleche GmbH
& Co KG, and Bohler International GmbH, (collectively, voestalpine) and
the all-others rate.
DATES: Applicable February 22, 2019.
FOR FURTHER INFORMATION CONTACT: Madeline Heeren, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-9179.
SUPPLEMENTARY INFORMATION:
Background
On April 4, 2017, Commerce published its affirmative Final
Determination of sales at less than fair value, in which it determined
a weighted-average dumping margin of 53.72 percent for voestalpine.\1\
The antidumping duty order was published on May 25, 2017.\2\ The Final
Determination was appealed to the CIT by voestalpine, and on July 9,
2018, the CIT sustained, in part, and remanded, in part, Commerce's
Final Determination.\3\ Specifically, the Court remanded the Final
Determination directing Commerce to design a model-match methodology
that accounts for commercially significant physical differences among
products due to alloy content and to recalculate dumping margins in
accordance with the revised model-match methodology.\4\ On October 9,
2018, Commerce issued its final results of redetermination pursuant to
remand in accordance with the CIT's order.\5\ On remand, Commerce,
under respectful protest,\6\ used the alternative model-match
methodology voestalpine proposed during the investigation to account
for all commercially significant physical differences, including alloy
content, and recalculated voestalpine's weighted-average dumping margin
and the all-others rate using the revised model-match methodology.\7\
On February 12, 2019, the CIT sustained Commerce's Remand
Redetermination.\8\ Therefore, the effective date of this notice is
February 22, 2019.
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\1\ In accordance with section 771(33)(F) of the Act, we
determined that the following companies were affiliated and should
be treated as a single entity for purposes of the investigation:
voestalpine Grobblech, voestalpine Steel Service Center GmbH, Bohler
Edelstahl GmbH & Co KG, Bohler Bleche GmbH & Co KG, and Bohler
International GmbH. See Certain Carbon and Alloy Steel Cut-To-Length
Plate from Austria: Final Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances,
82 FR 16366, 16367 (April 4, 2017) (Final Determination) and
accompanying Issues and Decision Memorandum (IDM).
\2\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096 (May 25, 2017) (Order).
\3\ See Bohler Bleche GmbH & Co. KG, et al., v. United States,
324 F. Supp. 3d 1344 (CIT July 9, 2018) (Bohler)
\4\ Id. at 1354-1355.
\5\ See Final Results of Redetermination Pursuant to Court Order
Bohler Bleche GmbH & Co. KG, v. United States, Court No. 17-00163,
Slip Op. 18-86 (CIT July 9, 2018), dated October 9, 2018 (Remand
Redetermination), available at http://enforcement.trade.gov/remands/index.html.
\6\ See Viraj Grp., Ltd. v. United States, 343 F.3d 1371, 1376
(Fed. Cir. 2003).
\7\ See Remand Redetermination.
\8\ See Bohler Bleche GmbH & Co. KG, et al., v. United States,
Court No. 17-00163, Slip Op. 19-19 (CIT February 12, 2019).
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Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ the United States 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
[[Page 7345]]
determination and must suspend liquidation of entries pending a
``conclusive'' court decision.\11\ The CIT's February 12, 2019 judgment
sustaining Commerce's Remand 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 and Amended Order
Because there is now a final court decision, Commerce is amending
the Final Determination and Order with respect to the margin assigned
to voestalpine and all other producers and exporters. The revised
weight-averaged dumping margin for voestalpine and the all-others rate
for the period April 1, 2015, through March 31, 2016, are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
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Bohler Bleche GmbH & Co KG.................................. 28.57
Bohler Edelstahl GmbH & Co KG
Bohler International GmbH...................................
voestalpine Grobblech GmbH..................................
voestalpine Steel Service Center GmbH.......................
All-Others.................................................. 28.57
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Cash Deposit Requirements
Because voestalpine does not have a superseding cash deposit rate,
i.e., there have been no final results published in subsequent
administrative reviews for voestalpine, Commerce will instruct U.S.
Customs and Border Protection (CBP) to collect the revised cash deposit
rates listed above for voestalpine and companies covered by the all-
others rate, effective February 22, 2019.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c)(1) and (e), 735(c)(1)(B), and 777(i)(1) of the Act.
Dated: February 26, 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. 2019-03822 Filed 3-1-19; 8:45 am]
BILLING CODE 3510-DS-P