[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Notices]
[Pages 38063-38064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13774]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
Notice of Court Decision Not in Harmony With the Results of Antidumping 
Duty Administrative Review; Notice of Amended Final Results

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

SUMMARY: On June 16, 2022, the U.S. Court of International Trade (CIT) 
issued its final judgment in Nexteel Co., Ltd., et al. v. United 
States, Consol. Court no. 20-03868, sustaining the U.S. Department of 
Commerce (Commerce)'s first remand results pertaining to the 
administrative review of the antidumping duty (AD) order on circular 
welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea) 
covering the period November 1, 2017, through October 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 
dumping margin assigned to Nexteel Co., Ltd., SeAh Steel Corporation, 
and Hyundai Steel Company.

DATES: Applicable June 27, 2022.

FOR FURTHER INFORMATION CONTACT: Dusten Hom, AD/CVD Operations, Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482- 5075.

SUPPLEMENTARY INFORMATION:

Background

    On November 6, 2020, Commerce published its Final Results in the 
2017-2018 AD administrative review of CWP from Korea.\1\ Commerce 
determined in the Final Results that a particular market situation 
(PMS) existed with respect to the respondents' purchases of hot-rolled 
coil (HRC), the primary input for the production of subject 
merchandise, and, accordingly, we made an adjustment to the cost of 
production for the purposes calculating normal value when based upon 
home

[[Page 38064]]

market sales and for the purposes of the sales-below-cost test.\2\
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    \1\ See Circular Welded Non-Alloy Steel Pipe from the Republic 
of Korea: Final Results of Antidumping Duty Administrative Review; 
2017-2018, 85 FR 71055 (November 6, 2020) (Final Results), and 
accompanying Issues and Decision Memorandum (IDM).
    \2\ See Final Results IDM at Comment 1.
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    Nexteel Co., Ltd., Hyundai Steel Company, and SeAh Steel 
Corporation appealed Commerce's Final Results. On September 27, 2021, 
the CIT remanded the Final Results to Commerce, holding that Commerce 
is not permitted to make a PMS adjustment to the cost of production as 
an alternative calculation methodology when using normal value based on 
home market sales, and that Commerce cannot adjust cost of production 
for purposes of the sales-below-cost test.\3\
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    \3\ See Nexteel Co., Ltd., et al. v. United States, Consol. 
Court No. 20-03868, Slip Op. 21-132 (CIT September 27, 2021).
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    In its final remand redetermination, issued in October 2021, 
Commerce removed the PMS adjustment when calculating its dumping margin 
but continued to find that a PMS existed in Korea for HRC during the 
period of review.\4\ The CIT sustained Commerce's final 
redetermination.\5\
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    \4\ See Final Results of Redetermination Pursuant to Court Order 
Nexteel Co., Ltd., et al. v. United States, Court No. 20-03868, Slip 
Op. 21-132 (CIT September 27, 2021), dated October 29, 2021.
    \5\ See Nexteel Co., Ltd., et al. v. United States, Consol. 
Court No. 20-03868, Slip Op. 22-69 (CIT June 16, 2022).
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
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 June 16, 
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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    \6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \7\ 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 mandatory respondent Nexteel Co., 
Ltd., and the non-examined companies (SeAh Steel Corporation and 
Hyundai Steel Company) as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                           Company                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Nexteel Co., Ltd............................................        1.63
Non-Examined Companies (SeAH Steel Corporation and Hyundai          2.35
 Steel Company).............................................
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Cash Deposit Requirements

    Because Nexteel Co., Ltd., SeAh Steel Corporation, and Hyundai 
Steel Company have superseding cash deposit rates, 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 Nexteel Co., 
Ltd., Hyundai Steel Company, and SeAh Steel Corporation, and were 
entered, or withdrawn from warehouse, for consumption during the period 
November 1, 2017, through October 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 antidumping duties on unliquidated entries of 
subject merchandise produced and/or exported by Nexteel Co., Ltd., 
Hyundai Steel Company, and SeAh Steel Corporation in accordance with 19 
CFR 351.212(b). We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific ad valorem assessment rate is not zero or de minimis. Where an 
import-specific ad valorem assessment rate is zero or de minimis,\8\ we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
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    \8\ 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: June 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-13774 Filed 6-24-22; 8:45 am]
BILLING CODE 3510-DS-P