[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Notices]
[Pages 57178-57179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20208]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-809]


Certain Hot-Rolled Steel Flat Products From Australia: Notice of 
Court Decision Not in Harmony With the Results of Antidumping 
Administrative Review; Notice of Amended Final Results

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

SUMMARY: On August 30, 2022, the U.S. Court of International Trade 
(CIT) issued its final judgment in BlueScope Steel LTD. v. United 
States, Court No. 19-00057, sustaining the U.S. Department of 
Commerce's (Commerce) remand results pertaining to the administrative 
review of the antidumping duty (AD) order on certain hot-rolled steel 
flat products (hot-rolled steel) from Australia covering the period 
March 22, 2016, through September 30, 2017. 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 BlueScope Steel Ltd. (BSL) and its affiliate BlueScope Steel (AIS) 
Pty (collectively, BlueScope).

DATES: Applicable September 9, 2022.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6274.

SUPPLEMENTARY INFORMATION: 

Background

    On April 30, 2019, Commerce published its Final Results in the 
2016-2017 AD administrative review of hot-rolled steel from 
Australia.\1\ Commerce applied facts otherwise available, with an 
adverse inference, pursuant to sections 776(a) and (b) of the Tariff 
Act of 1930, as amended (the Act) to BlueScope because it provided 
deficient responses and failed to provide information in the manner and 
form requested, thereby significantly impeding the administrative 
review and failed to cooperate to the best of its ability with 
Commerce's request for information. BlueScope appealed Commerce's Final 
Results. On November 30, 2021, the CIT remanded the Final Results to 
Commerce to reexamine the record in this case, as well as the use of 
facts available with respect to BlueScope.\2\
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    \1\ See Certain Hot-Rolled Steel Flat Products from Australia: 
Final Results of Antidumping Duty Administrative Review; 2016-2017, 
84 FR 18241 (April 30, 2019) (Final Results), and accompanying 
Issues and Decision Memorandum.
    \2\ See BlueScope Steel Ltd. v. United States, 548 F. Supp. 3d 
1351 at 1369 (CIT 2021).
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    In its remand redetermination, issued in April 2022, Commerce 
reevaluated the information on the record and issued a supplemental 
questionnaire to BlueScope identifying the deficiencies in its previous 
responses. Based on BlueScope's supplemental response, we recalculated 
the period of review weighted-average dumping margin for BlueScope 
consistent with record evidence.\3\ The CIT sustained Commerce's Final 
Redetermination.\4\
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    \3\ See Final Results of Redetermination Pursuant to Court 
Remand, BlueScope Steel LTD. v. United States, Court No. 19-00057, 
Slip Op. 21-160, dated April 12, 2022, available at https://access.trade.gov/Resources/remands/21-160.pdf (Final 
Redetermination).
    \4\ See BlueScope Steel Ltd. v. United States, Court No. 19-
00057, Slip Op. 22-102 (CIT August 30, 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 sections 516A(c) and (e) of 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 August 30, 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 BlueScope as follows:

[[Page 57179]]



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                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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BlueScope Steel (AIS) Pty Ltd., BlueScope Steel Ltd.,               4.95
 and BlueScope Steel Distribution Pty Ltd...............
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Cash Deposit Requirements

    Because BlueScope 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 a CIT order from 
liquidating entries that: were (a) produced and/or exported by 
BlueScope Steel Ltd. and BlueScope Steel (AIS) Pty Ltd.; (b) subject to 
the Final Results; and (c) entered, or withdrawn from warehouse for 
consumption, on or after March 22, 2016, up to and including September 
30, 2017. 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 BSL and BlueScope Steel 
(AIS) Pty Ltd. 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,\7\ we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping 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: September 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-20208 Filed 9-16-22; 8:45 am]
BILLING CODE 3510-DS-P