[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)
------------------------------------------------------------------------
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