[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Notices]
[Pages 17270-17271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06401]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-837]


Certain Cut-to-Length Carbon-Quality Steel Plate From Korea: 
Notice of Court Decision Not in Harmony With the Results of 
Countervailing Duty Administrative Review; Notice of Amended Final 
Results

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

SUMMARY: On March 18, 2022, the U.S. Court of International Trade (CIT) 
issued its final judgment in Hyundai Steel Company v. United States, 
Court no. 21-00012, sustaining the Department of Commerce (Commerce)'s 
final remand results pertaining to the administrative review of the 
countervailing duty (CVD) order on certain cut-to-length carbon-quality 
steel plate (CTL plate) from Korea covering the period January 1, 2018, 
through December 31, 2018. Commerce is notifying the public that the 
CIT's final judgment is not in harmony with Commerce's final results of 
the administrative review, and that Commerce is amending the final 
results with respect to the countervailable subsidy rate assigned to 
Hyundai Steel Company (Hyundai Steel).

DATES: Applicable March 28, 2022.

FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1009.

SUPPLEMENTARY INFORMATION: 

Background

    On December 28, 2020, Commerce published its Final Results in the 
2018 CVD administrative review of CTL plate from Korea. Commerce 
determined that a countervailable ad valorem subsidy rate of 0.50 
existed for Hyundai Steel during the period of review.\1\
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    \1\ See Certain Cut-to-Length Carbon-Quality Steel Plate from 
the Republic of Korea: Final Results of Countervailing Duty 
Administrative Review; Calendar Year 2018, 85 FR 84296 (December 28, 
2020) (Final Results).

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[[Page 17271]]

    Hyundai Steel appealed Commerce's Final Results. On November 9, 
2021, the CIT granted Commerce's request for a voluntary remand of its 
determination of the countervailability of the reduction for sewerage 
fees program in the Final Results.\2\
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    \2\ See Order Granting Motion to Remand Case, Hyundai Steel v. 
United States, Court No. 21-00012 (November 9, 2021) (Remand Order).
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    In its final remand redetermination, issued on February 4, 2022, 
Commerce found that the reduction for sewerage fees program was not 
countervailable.\3\ On March 18, 2022, the CIT sustained Commerce's 
final redetermination.\4\
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    \3\ See Final Results of Redetermination Pursuant to Court 
Remand, Court No. 21-00012, dated February 4, 2022.
    \4\ See Judgment Sustaining Remand Redetermination, Court No. 
21-00012, dated March 18, 2022.
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Timken Notice

    In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\ 
the U.S. Court of Appeals for the Federal Circuit 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 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 March 18, 
2022, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Results. Thus, this notice is published 
in fulfillment of the publication requirements of Timken.
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    \5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \6\ See Diamond Sawblades Manufacturers 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 judgment, Commerce is amending 
its Final Results with respect to Hyundai Steel as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel...............................................      * 0.49
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* Indicates a de minimis subsidy rate.

Cash Deposit Requirements

    Because Hyundai Steel has a superseding cash deposit rate, i.e., 
there have been final results published in a subsequent administrative 
review, we will not issue revised cash deposit instructions to U.S. 
Customs and Border Protection (CBP). This notice will not affect the 
current cash deposit rate.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were produced and/or exported by Hyundai 
Steel, and were entered, or withdrawn from warehouse, for consumption 
during the period January 1, 2018, through December 31, 2018. These 
entries will remain enjoined pursuant to the terms of the injunction 
during the pendency of any appeals process.
    In the event the CIT's ruling is not appealed, or, if appealed, 
upheld by a final and conclusive court decision, Commerce intends to 
instruct CBP to assess countervailing duties on unliquidated entries of 
subject merchandise produced and/or exported by Hyundai Steel in 
accordance with 19 CFR 351.212(b). We will instruct CBP to assess 
countervailing duties on all appropriate entries covered by this review 
when the ad valorem rate is not zero or de minimis. Where an ad valorem 
subsidy rate is zero or de minimis,\7\ we will instruct CBP to 
liquidate the appropriate entries without regard to countervailing 
duties.
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    \7\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties

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

    Dated: March 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-06401 Filed 3-25-22; 8:45 am]
BILLING CODE 3510-DS-P