[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Notices]
[Pages 7535-7536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02562]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-858]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Taiwan:
Notice of Court Decision Not in Harmony With Final Determination of
Antidumping Duty Investigation; and Amended Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 9, 2020, the United States Court of International
Trade (the Court) sustained the final results of redetermination
pertaining to the antidumping duty (AD) investigation of certain carbon
and alloy steel cut-to-length plate (CTL plate) from Taiwan. The
Department of Commerce (Commerce) is notifying the public that the
final judgment in this case is not in harmony with the Amended Final
Determination in the investigation of CTL plate from Taiwan, and that
Commerce is amending the Amended Final Determination with respect to
the application of partial adverse facts available (AFA) in making our
difference-in-merchandise adjustment.
DATES: Applicable January 19, 2020.
FOR FURTHER INFORMATION CONTACT: Paul Walker, 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) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On April 4, 2017, Commerce published the Final Determination of the
AD investigation of CTL plate from Taiwan, in which Commerce applied
partial AFA to China Steel Corporation (China Steel) because: (a) It
failed to provide requested information by the established deadlines or
in the form and manner requested by Commerce; (b) it provided
information in its questionnaire responses that we could not verify as
accurate because our verification revealed errors and failures in China
Steel's cost reporting; and (c) its conduct significantly impeded the
investigation.\1\ Moreover, we found that China Steel failed to
cooperate by not acting to the best of its ability to comply with
Commerce's request for information by not providing timely and accurate
cost data for certain control numbers (CONNUMs), and as such, that the
application of partial AFA was warranted.\2\ The Final Determination
and Amended Final Determination were appealed to the Court by China
Steel, and on August 6, 2019, the Court held that Commerce could not
apply an adverse inference when calculating costs specifically related
to the physical differences of China Steel's products, and remanded the
Amended Final Determination for a redetermination consistent with the
Court's opinion.\3\ In accordance with the Court's Remand Order,
Commerce recalculated a rate for China Steel.\4\ On January 9, 2020,
the Court sustained Commerce's Remand Redetermination.\5\ Therefore,
the effective date of this notice is January 19, 2020.
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\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Taiwan: Final Determination of Sales at Less Than Fair Value and
Final Negative Determination of Critical Circumstances, 82 FR 16372
(April 4, 2017) (Final Determination), and accompanying Issues and
Decision Memorandum (IDM) at Comment 1; see also 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)
(Amended Final Determination), and accompanying Memorandum,
``Amended Final Determination of the Less-Than-Fair-Value
Investigation of Carbon and Alloy Steel Cut-to-Length Plate from
Taiwan: Allegation of Ministerial Error for China Steel
Corporation.''
\2\ Id.
\3\ See China Steel Corp. v. United States, Consol. Court No.
17-00152 (August 6, 2019) (Remand Order).
\4\ See Final Results of Redetermination Pursuant to China Steel
Corp. v. United States, Consol. Court No. 17-00152, Slip. Op. 19-106
(CIT August 6, 2019), dated December 3, 2019 (Remand
Redetermination).
\5\ See China Steel Corp. v. United States, Court No. 17-152,
Slip Op. 20-5 (CIT January 9, 2020).
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[[Page 7536]]
Timken Notice
In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\
the United States Court of Appeals for the Federal Circuit (CAFC) held
that, pursuant to section 516A(c) and (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 Court's January 9, 2020 judgment sustaining Commerce's Remand
Redetermination constitutes a final decision of the Court that is not
in harmony with Commerce's Amended Final Determination. This notice is
published in fulfillment of the publication requirements of Timken and
section 516A of the Act. Commerce will continue the suspension of
liquidation of the subject merchandise pending the expiration of the
period of appeal, or if appealed, pending a final and conclusive court
decision.
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\6\ See Timken Co. v. United States, 893 F. 2d 337, 341 (Fed.
Cir. 1990) (Timken).
\7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court decision, Commerce is amending
the Amended Final Determination. China Steel's rate, as determined in
the Remand Redetermination, is 6.73 percent.
Cash Deposit Requirements
We have revised China Steel's cash deposit rate to 6.73 percent,
and we will issue instructions to U.S. Customs and Border Protection
within five days of the publication of this notice.
Notifications 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: January 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-02562 Filed 2-7-20; 8:45 am]
BILLING CODE 3510-DS-P