[Federal Register Volume 85, Number 175 (Wednesday, September 9, 2020)]
[Notices]
[Pages 55639-55640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19895]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]


Certain Oil Country Tubular Goods From the Republic of Korea: 
Notice of Court Decision Not in Harmony With the Amended Final Results 
in the Antidumping Duty Administrative Review and Notice of Amended 
Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 17, 2020, the United States Court of International 
Trade (CIT) issued its final judgment in NEXTEEL v. United States, 
Court No. 17-00091, sustaining the Department of Commerce (Commerce)'s 
remand redetermination concerning the final results in the antidumping 
duty (AD) administrative review of certain oil country tubular goods 
(OCTG) from the Republic of Korea (Korea), covering the period of 
review (POR) July 18, 2014 through August 31, 2015. Commerce is 
notifying the public that the CIT's final judgment in this case is not 
in harmony with Commerce's final results in the administrative review 
of OCTG from Korea. Pursuant to the CIT's final judgment, Commerce is 
amending the weighted-average dumping margin calculated for SeAH Steel 
Corporation (SeAH), NEXTEEL Co., Ltd. (NEXTEEL), and non-examined 
companies.

DATES: Applicable September 9, 2020.

FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, 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) 482-1979.

SUPPLEMENTARY INFORMATION:

Background

    On April 17 and July 10, 2017, Commerce published the Final 
Results.\1\ NEXTEEL and SeAH challenged the Final Results before the 
CIT.\2\ On January 2, 2019, the CIT remanded Commerce's determination, 
instructing Commerce to reverse its finding of a particular market 
situation (PMS) and provide further explanation or analysis of its 
treatment of SeAH's proprietary grade products and deduction of general 
and administrative (G&A) expenses.\3\ Commerce issued a redetermination 
on remand, under protest, complying with the CIT's instructions to 
reverse its finding of a PMS, and providing further explanation of its 
treatment of SeAH's proprietary grade products and deduction of G&A 
expenses.\4\ On September 4, 2019, the CIT remanded Commerce's 
deduction of G&A expenses for clarification or reconsideration.\5\ 
Commerce issued a second redetermination on remand, providing further 
clarification on its deduction of G&A expenses as U.S. selling 
expenses.\6\ On June 17, 2020, the CIT sustained the Remand Results.\7\
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    \1\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review; 
2014-2015, 82 FR 18105 (April 17, 2017), and accompanying Issues and 
Decision Memorandum (IDM), as amended by Certain Oil Country Goods 
from the Republic of Korea: Amended Final Results of Antidumping 
Duty Administrative Review; 2014-2015, 82 FR 31750 (July 10, 2017) 
(collectively, Final Results).
    \2\ The following companies that were not subject to individual 
examination in the administrative review joined the challenge by 
NEXTEEL and SeAH of the Final Results: AJU Besteel Co., Ltd.; Dongbu 
Incheon Steel; Dongbu Steel Co., Ltd.; Husteel Co., Ltd.; Husteel 
Co., Ltd.; Hyundai Steel Company; and ILJIN Steel Corporation.
    \3\ See NEXTEEL Co. v. United States, Court No. 17-00091, Slip 
Op. 19-1 (CIT January 2, 2019).
    \4\ See Final Results of Redetermination Pursuant to Court 
Remand Oil Country Tubular Goods from the Republic of Korea, Nexteel 
Co. v. United States, Consolidated Court No. 17-00091, Slip Op. 19-
01 (CIT January 2, 2019), dated April 2, 2019.
    \5\ See NEXTEEL Co. v. United States, Court No. 17-00091, Slip 
Op. 19-116 (CIT September 4, 2019).
    \6\ See Final Results of Redetermination Pursuant to Court 
Remand Oil Country Tubular Goods from the Republic of Korea Nexteel 
Co. v. United States, Consolidated Court No. 17-00091, Slip Op. 19-
116 (CIT September 4, 2019), dated November 20, 2019 (Remand 
Results).
    \7\ See Nexteel Co. v. United States, Consolidated Court No. 17-
00091, Slip Op. 20-85 (CIT June 17, 2020), at 14.
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Timken Notice

    In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\ 
the 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 
CIT's June 17, 2020 judgment in this case constitutes a final decision 
of the court that is not in harmony with Commerce's Final Results. This 
notice is published in fulfillment of the publication requirements of 
Timken.
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    \8\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \9\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision, Commerce is amending 
its Final Results. Commerce finds that the revised the weighted-average 
dumping margins are 2.97 percent for SeAH, 3.63 percent for NEXTEEL, 
and 3.30 percent for the non-examined companies.

Cash Deposit Requirements

    The cash deposit rates calculated in the 2014-2015 administrative 
review for SeAH, NEXTEEL, and the non-examined companies subject to 
this litigation, with the exception of Dongbu Steel Co., Ltd., have 
been superseded by cash deposit rates calculated in subsequent 
administrative reviews of the antidumping duty order on OCTG from 
Korea.\10\ Thus, we are not implementing the amended cash deposit rates 
for these companies. For Dongbu Steel Co., Ltd., effective the date of 
publication of this notice, we will instruct Customs and Border 
Protection (CBP) to collect cash deposits of estimated antidumping 
duties at the rate of 3.30 percent.
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    \10\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review; 
2017-2018, 85 FR 41949 (July 13, 2020).
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Liquidation of Suspended Entries

    If the CIT's final judgment is not appealed, or if it is appealed 
and upheld, Commerce will instruct CBP to terminate the suspension of 
liquidation, and to liquidate and to assess duties at the margins shown 
above for entries during the POR that were produced and exported by 
SeAH, NEXTEEL, and the non-examined companies. Consistent with 
Commerce's assessment practice, for entries of subject merchandise 
during the POR produced by SeAH and NEXTEEL for which they did not know 
that the merchandise was destined for the United States, we will 
instruct CBP to liquidate unreviewed entries at the all others rate if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\11\
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    \11\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Finally, during the pendency of litigation, including any appeal, 
Commerce remains enjoined by Court order from liquidating entries that: 
(1) Were the subject of the administrative determination published in 
the Final Results; \12\ (2) were produced and/or exported by any of the 
following: SeAH, NEXTEEL, and the non-examined companies; (3) were 
entered, or were withdrawn from warehouse, for

[[Page 55640]]

consumption on or after July 18, 2014 through August 31, 2015; and (4) 
remain unliquidated as of 5:00 p.m. Eastern Time on June 16, 2017.
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    \12\ See Final Results.
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c)(1) and (e), 705(c)(1)(B), and 777(i)(1) of the Act.

    Dated: September 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-19895 Filed 9-8-20; 8:45 am]
BILLING CODE 3510-DS-P