[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60638-60639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19042]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-884]


Certain Hot-Rolled Steel Flat Products From the Republic of 
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 August 21, 2023, the U.S. Court of International Trade 
(CIT) issued its final judgment in Hyundai Steel Company v. United 
States, Court No. 21-00536, sustaining the U.S. Department of Commerce 
(Commerce)'s remand results pertaining to the administrative review of 
the countervailing duty (CVD) order on certain hot-rolled steel flat 
products (HRS) from the Republic of Korea (Korea) covering the period 
January 1, 2018, through December 31, 2018. Commerce is notifying the 
public that the CIT's final judgement 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 August 31, 2023.

FOR FURTHER INFORMATION CONTACT: Nathan James, 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) 482-5305.

SUPPLEMENTARY INFORMATION: 

Background

    On August 26, 2021, Commerce published its Final Results of the 
2018 CVD administrative review of HRS from Korea.\1\ Commerce 
determined that Hyundai Steel received countervailable subsidies from 
the Government of Korea (GOK) under various programs, including the 
Reduction for Sewerage Fees program and the Provision of Port Usage 
Rights at the Port of Incheon program.\2\ With respect to the sewerage 
fees program, we found that Hyundai Steel's reduced sewerage bill 
reflected revenue forgone, and we calculated a 0.01 percent ad valorem 
subsidy rate for the program.\3\ With respect to the Port of Incheon 
program, we found that Hyundai Steel received a financial contribution 
in the form of revenue forgone, because the GOK gave Hyundai Steel the 
right to collect berthing income and harbor facility usage fees which 
otherwise would have been collected by the GOK.\4\
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    \1\ See Certain Hot-Rolled Steel Flat Products from the Republic 
of Korea: Final Results of Countervailing Duty Administrative 
Review; 2018, 86 FR 47621 (August 26, 2021) (Final Results), and 
accompanying Issues and Decision Memorandum (IDM).
    \2\ See Final Results IDM at Comments 2 and 3.
    \3\ Id. at 7 and Comment 3.
    \4\ Id. at 7 and Comment 2.
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    Hyundai Steel appealed Commerce's Final Results. On February 10, 
2023, the CIT remanded Commerce's determination that the Port of 
Incheon program conferred a benefit; the CIT also, at Commerce's 
request, remanded Commerce's determination related to the sewerage fees 
program.\5\
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    \5\ See Hyundai Steel Company v. United States, Court No. 21-
00536, Slip Op. 23-15 (CIT 2023).
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    In its final remand redetermination, issued in April 2023, Commerce 
reexamined the Reduction for Sewerage Fees program and determined that 
the program was not countervailable. We also provided further 
explanation for our determination that the Port of Incheon program 
should be analyzed as a revenue forgone subsidy program and that it 
conferred a benefit. We adjusted the final subsidy rate calculation 
from the previous rate of 0.51 percent for Hyundai Steel to a new 
subsidy rate of 0.50 percent.\6\ The CIT sustained Commerce's final 
results of redetermination.\7\
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    \6\ See Final Results of Redetermination Pursuant to Court 
Remand, Hyundai Steel Company v. United States, Court No. 21-00536, 
Slip Op. 23-15 (CIT February 10, 2023), dated April 7, 2023, 
available at https://access.trade.gov/resources/remands/23-15.pdf.
    \7\ See Hyundai Steel Company v. United States, Court No. 21-
00536, Slip. Op. 23-121, at 13.
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Timken Notice

    In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\ 
the U.S. Court of Appeals for the Federal Circuit held that, pursuant 
to sections 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 August 21, 
2023, 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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    \8\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \9\ 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 the subsidy rate assigned to Hyundai 
Steel as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                        Company                            (percent  ad
                                                             valorem)
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Hyundai Steel Company \10\.............................            0.50
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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 for Hyundai Steel.
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    \10\ This company is also known as Hyundai Steel Co., Ltd.
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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 Co., Ltd., (a/k/a Hyundai Steel Company or 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

[[Page 60639]]

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,\11\ we will instruct CBP to liquidate the 
appropriate entries without regard to countervailing duties.
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    \11\ 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: August 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19042 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-DS-P