[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