[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Notices]
[Pages 877-878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00050]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-863]


Certain Corrosion-Resistant Steel Products From India: Notice of 
Court Decision Not in Harmony With Amended Final Determination in Less 
Than Fair Value Investigation; Notice of Amended Final Determination 
Pursuant to Court Decision; and Notice of Revocation of Antidumping 
Duty Order, in Part

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

SUMMARY: On December 18, 2019, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (Commerce) remand 
redetermination pertaining to the less-than-fair-value (LTFV) 
investigation of certain corrosion-resistant steel products (corrosion-
resistant steel) from India. Commerce is notifying the public that the 
final judgment in this case is not in harmony with Commerce's amended 
final determination in the LTFV investigation of corrosion-resistant 
steel from India. Pursuant to the CIT's final judgment, Uttam Galva 
Steels Ltd. (Uttam Galva) is being excluded from the order.

DATES: Applicable December 28, 2019.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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) 482-2593.

SUPPLEMENTARY INFORMATION: 

Background

    The litigation in Uttam Galva Steels Limited v. United States 
relates to Commerce's final determination in the LTFV investigation 
covering corrosion-resistant steel from India.\1\ In its Amended Final 
Determination and Order, Commerce reached affirmative determinations 
for mandatory respondents Uttam Galva,\2\ as well as JSW Steel Ltd. and 
its wholly-owned affiliate JSW Steel Coated Products Limited 
(collectively, JSW).\3\ Uttam Galva appealed the Amended Final 
Determination and Order to the CIT, and on April 18, 2018, the CIT 
remanded Commerce's Amended Final Determination and Order.\4\ In its 
opinion, the CIT found that Commerce's duty drawback calculation was 
unreasonable and not in accordance with the law and instructed Commerce 
to recalculate Uttam Galva's duty drawback adjustment.\5\
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    \1\ Court No. 16-00162, Slip Op. 2019-168 (CIT December 18, 
2019); see Certain Corrosion-Resistant Steel Products from India: 
Final Determination of Sales at Less Than Fair Value and Final 
Negative Determination of Critical Circumstances, 81 FR 35329 (June 
2, 2016), and accompanying Issues and Decision Memorandum; 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); see also Certain Corrosion-Resistant Steel 
Products from India, Italy, the People's Republic of China, the 
Republic of Korea, and Taiwan: Notice of Correction to the 
Antidumping Duty Orders, 81 FR 58475 (August 25, 2016).
    \2\ In the underlying investigation, we found Uttam Galva Steels 
Limited and its affiliated companies Uttam Value Steels Limited, 
Atlantis International Services Company Ltd., Uttam Galva Steels, 
Netherlands, B.V., and Uttam Galva Steels (BVI) Limited 
(collectively, Uttam Galva), to comprise a single entity. See Final 
Determination, 81 FR at 35330 n.13.
    \3\ Id.
    \4\ See Uttam Galva Steels Ltd v. United States, 311 F. Supp. 3d 
1345 (CIT 2018).
    \5\ Id., 311 F. Supp. at 1357.
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    On August 16, 2018, Commerce filed Remand Results with the CIT, 
recalculating Uttam Galva's duty drawback adjustment.\6\ On March 12, 
2019, the CIT remanded the Remand Results to Commerce for a second 
redetermination.\7\ On May 29, 2019, Commerce filed its Second Remand 
Results with the CIT, wherein it revised its duty drawback calculation 
for a second time.\8\ On December 18, 2019, the CIT sustained 
Commerce's Second Remand Results.\9\
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    \6\ See ``Final Results of Redetermination Pursuant to Court 
Remand, Uttam Galva Steels Limited v. United States, Court No. 16-
00162, Slip Op. 18-44 (CIT 2018),'' dated August 16, 2018 (Remand 
Results).
    \7\ See Uttam Galva Steels Ltd. v. United States, 374 F. Supp. 
3d 1360 (CIT 2019).
    \8\ See ``Final Results of Redetermination Pursuant to Court 
Remand, Uttam Galva Steels Limited v. United States, Court No. 16-
00162, Slip Op. 19-34 (CIT 2019),'' dated May 29, 2019 (Second 
Remand Results).
    \9\ See Uttam Galva Steels Ltd. v. United States, Court No. 16-
00162, Slip Op. 2019-168 (CIT December 18, 2019).
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Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the United States Court of Appeals for the Federal 
Circuit held that, pursuant to section 516A(e) 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. The CIT's December 18, 2019 final judgment sustaining 
Commerce's Second Remand Results constitutes a final decision of the 
Court that is not in harmony with Commerce's Amended Final 
Determination and Order. This notice is published in fulfillment of the 
publication requirements of Timken.
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    \10\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).

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[[Page 878]]

Amended Final Determination

    Because there is now a final court decision, Commerce is amending 
the Final Determination and Amended Final Determination and Order with 
respect to Uttam Galva and the all-others rate. The revised weighted-
average dumping margins for Uttam Galva and all other exporters for the 
period April 1, 2014 through March 31, 2015, are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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Uttam Galva Steels Limited; Uttam Value Steels Limited;             0.00
 Atlantis International Services Company Ltd.; Uttam
 Galva Steels, Netherlands, B.V.; Uttam Galva Steels
 (BVI) Limited..........................................
All Others..............................................       \12\ 4.43
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Partial Exclusion From Antidumping Duty Order
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    \12\ As explained in the Second Remand Results, because Uttam 
Galva's antidumping duty margin is now 0.00 percent, its rate is no 
longer factored in the calculation of the all-others rate and the 
rate calculated for JSW is now the all-others rate. Further, 
although the dumping margin calculated for JSW and published in the 
Amended Final Determination and Order continues to be 4.43 percent, 
the adjustment for export subsidies results in a cash deposit rate 
of 0.47 percent. See Second Remand Results at 17.
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    Pursuant to section 735(a)(4) of the Act, Commerce ``shall 
disregard any weighted average dumping margin that is de minimis as 
defined in section 733(b)(3) of the Act.'' \13\ Furthermore, section 
735(c)(2) of the Act states that ``the investigation shall be 
terminated upon publication of that negative determination'' and 
Commerce shall ``terminate the suspension of liquidation'' and 
``release any bond or other security, and refund any cash deposit.'' 
\14\ As a result of this amended final determination, in which Commerce 
has calculated an estimated weighted-average dumping margin of 0.00 
percent for Uttam Galva, Commerce is hereby excluding merchandise 
produced and exported by Uttam Galva from the antidumping duty 
order.\15\ Accordingly, Commerce will direct U.S. Customs and Border 
Protection (CBP) to release any bonds or other security and refund cash 
deposits pertaining to any suspended entries from Uttam Galva. This 
exclusion does not apply to any other companies (except those that 
comprise a single entity with Uttam Galva, which are listed in the 
table above).\16\
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    \13\ Section 733(b)(3) of the Act defines de minimis dumping 
margin as ``less than 2 percent ad valorem or the equivalent 
specific rate for the subject merchandise.''
    \14\ See sections 735(c)(2)(A) and (B) of the Act.
    \15\ See Second Remand Results at 22.
    \16\ See supra, fn. 2.
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    However, pursuant to Timken, the suspension of liquidation must 
continue during the pendency of the appeals process. Thus, we will 
instruct CBP to suspend liquidation of all unliquidated entries from 
Uttam Galva at a cash deposit rate of 0.00 percent which are entered, 
or withdrawn from warehouse, for consumption after December 28, 2019, 
which is ten days after the CIT's final decision, in accordance with 
section 516A of the Act.\17\ If the CIT's ruling is not appealed, or if 
appealed and upheld, Commerce will instruct CBP to terminate the 
suspension of liquidation and to liquidate entries produced and 
exported by Uttam Galva without regard to antidumping duties. As a 
result of the exclusion, Commerce will not initiate any new 
administrative reviews of Uttam Galva's entries pursuant to the 
antidumping duty order.\18\
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    \17\ See, e.g., Drill Pipe from the People's Republic of China: 
Notice of Court Decision Not in Harmony with International Trade 
Commission's Injury Determination, Revocation of Antidumping and 
Countervailing Duty Orders Pursuant to Court Decision, and 
Discontinuation of Countervailing Duty Administrative Review, 79 FR 
78037, 78038 (December 29, 2014); High Pressure Steel Cylinders From 
the People's Republic of China: Notice of Court Decision Not in 
Harmony With Final Determination in Less Than Fair Value 
Investigation, Notice of Amended Final Determination Pursuant to 
Court Decision, Notice of Revocation of Antidumping Duty Order in 
Part, and Discontinuation of Fifth Antidumping Duty Administrative 
Review, 82 FR 46758, 46760 (October 6, 2017).
    \18\ See Amended Final Determination and Order. Currently there 
are no ongoing administrative reviews of this order.
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    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that: (1) Were produced and exported by Uttam Galva 
Steels Limited, and were entered, or withdrawn from warehouse, for 
consumption on or after July 1, 2017, up to and including June 30, 
2018; and (2) were produced and/or exported by Uttam Value Steels 
Limited, and were entered, or withdrawn from warehouse, for consumption 
on or after July 1, 2017, up to and including June 30, 2018. 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(c)(1) and (e) of the Act.

    Dated: December 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-00050 Filed 1-7-20; 8:45 am]
 BILLING CODE 3510-DS-P