[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70646-70647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22454]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-876]


Welded Line Pipe From the Republic of Korea: Notice of Court 
Decision Not in Harmony With the Final Results of the Antidumping Duty 
Administrative Review; Notice of Amended Final Results

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

SUMMARY: On July 14, 2023, the U.S. Court of International Trade (CIT) 
issued its final judgment in NEXTEEL Co., Ltd. et al. v. United States, 
Slip. Op. 23-103, Consol. Court No. 20-03898 (CIT 2023), sustaining the 
U.S. Department of Commerce's (Commerce) second final results of 
redetermination pertaining to the administrative review of the 
antidumping duty order on welded line pipe (WLP) from the Republic of 
Korea (Korea) covering the period of review (POR) December 1, 2017, 
through November 30, 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 margins assigned to NEXTEEL Co., 
Ltd. (NEXTEEL), SeAH Steel Corporation (SeAH), and non-selected 
respondents Husteel Co., Ltd. (Husteel) and Hyundai Steel Company/
Hyundai HYSCO (Hyundai Steel).

DATES: Applicable July 24, 2023.

FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office 
IX, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-6172.

SUPPLEMENTARY INFORMATION: 

Background

    On November 30, 2020, Commerce published its final results in the 
2017-2018 antidumping duty administrative review of WLP from Korea.\1\ 
Commerce calculated weighted-average dumping margins of 15.07 percent 
for NEXTEEL, 9.33 percent for SeAH, and 11.60 percent for the non-
selected respondents.\2\
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    \1\ See Welded Line Pipe From the Republic of Korea: Final 
Results of Antidumping Duty Administrative Review; 2017-2018, 85 FR 
76517 (November 30, 2020) (Final Results), and accompanying Issues 
and Decision Memorandum.
    \2\ Id.
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    Husteel, Hyundai Steel, NEXTEEL, and SeAH appealed Commerce's Final 
Results. On April 19, 2022, the CIT remanded the Final Results to 
Commerce regarding its: (1) particular market situation (PMS) 
determination and resulting adjustment to the reported cost of 
production (COP) for WLP for SeAH and for purposes of calculating 
constructed value (CV) for NEXTEEL; (2) application of the PMS 
adjustment to SeAH for purposes of the sales-below COP test; (3) 
adjustment to NEXTEEL's CV to account for sales of non-prime products; 
(4) reclassification of NEXTEEL's reported losses relating to the 
suspended production of certain product lines; (5) denial of a 
constructed export price (CEP) offset for SeAH; and (6) calculation of 
the rate assigned to non-examined companies in light of any adjustments 
made to the calculations for either of the mandatory respondents 
stemming from the remand.\3\
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    \3\ See NEXTEEL Co., Ltd. et al. v. United States, 569 F. Supp. 
3d 1354 (CIT 2022).
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    In its First Remand Results, issued on July 18, 2022, Commerce 
recalculated NEXTEEL and SeAH's weighted-average dumping margins 
without making a PMS adjustment.\4\ In addition, Commerce recalculated 
NEXTEEL's weighted-average margin based on the actual costs of prime 
and non-prime merchandise reported by NEXTEEL. The revised weighted-
average dumping margins for NEXTEEL and SeAH were 1.12 percent and zero 
percent, respectively, and the resulting review-specific rate for the 
non-selected respondents was 1.12. percent.\5\
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    \4\ See Final Results of Remand Redetermination Pursuant to 
Court Remand, NEXTEEL Co., Ltd. et al. v. United States, Consol. 
Court No. 20-03898, Slip Op. 22-37 (CIT April 19, 2022), dated July 
15, 2022 (First Remand Results), available at https://access.trade.gov/resources/remands/22-37.pdf.
    \5\ Id. at 2.
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    The CIT sustained Commerce's First Remand Results on all issues 
except for the reclassification of NEXTEEL's reported losses relating 
to the suspended production of certain product lines.\6\ The CIT again 
remanded the Final Results to Commerce for: (1) clarification on 
whether NEXTEEL suspended production on the lines in question for all 
or only part of the POR; and (2) explanation of why NEXTEEL's costs as 
reported for those lines would not be ``reasonably reflective of the 
cost associated with the production and sale of merchandise,'' if 
NEXTEEL suspended production for only part of the POR, consistent with 
section 773(f)(1)(A) of the Tariff Act of 1930, as amended (the 
Act).\7\ In its Second Remand Results, issued on March 3, 2023, 
Commerce provided clarification on the period of suspension for certain 
of NEXTEEL's production lines and explanation of why it is appropriate 
to include the suspension losses as part of NEXTEEL's general and 
administrative expenses. Because Commerce made no changes to the 
calculation of the weighted-average dumping margin for NEXTEEL, the 
weighted-average dumping margin for NEXTEEL did not change from that 
presented in the First Remand Results (i.e., 1.12 percent).\8\

[[Page 70647]]

The CIT sustained Commerce's Second Remand Results on July 14, 2023.\9\
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    \6\ See NEXTEEL Co., Ltd. et al. v. United States, 601 F. Supp. 
3d 1373 (CIT 2022).
    \7\ Id.
    \8\ See Final Results of Remand Redetermination Pursuant to 
Court Remand, NEXTEEL Co., Ltd. et al. v. United States, Consol. 
Court No. 20-03898, Slip Op. 22-135 (CIT December 6, 2022), dated 
March 3, 2023 (Second Remand Results), available at https://access.trade.gov/resources/remands/22-135.pdf, at 2.
    \9\ See NEXTEEL Co., Ltd. et al. v. United States, Slip. Op. 23-
103, Consol. Court No. 20-03898 (CIT 2023).
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Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ the U.S. Court of Appeals for the Federal Circuit held 
that, pursuant to section 516A(c) and (e) of 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 July 14, 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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    \10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ See Diamond Sawblades Mfrs. Coal. 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 Husteel, Hyundai Steel, NEXTEEL, and 
SeAH for the period December 1, 2017, through November 30, 2018, as 
follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                        dumping
                                                              margin
                                                             (percent)
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NEXTEEL Co., Ltd........................................            1.12
SeAH Steel Corporation..................................            0.00
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Review-Specific Average Rate Applicable to the Following Companies: \12\
------------------------------------------------------------------------
Husteel Co., Ltd........................................            1.12
Hyundai Steel Company/Hyundai HYSCO.....................            1.12
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Cash Deposit Requirements

    Because NEXTEEL, SeAH, and the non-selected companies Husteel and 
Hyundai Steel have 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 rates for those exporters/producers.
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    \12\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act. Husteel and Hyundai Steel are the only two 
companies not selected for individual review in this administrative 
review that have unliquidated entries subject to this litigation. 
Commerce has already liquidated entries for the other non-selected 
respondents in this administrative review.
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Liquidation of Suspended Entries

    Because the CIT's ruling has not been appealed, Commerce intends to 
instruct CBP to assess antidumping duties on unliquidated entries of 
subject merchandise produced and/or exported by NEXTEEL, SeAH, and the 
non-selected companies, Husteel and Hyundai Steel, 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,\13\ 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
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    \13\ 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: October 4, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-22454 Filed 10-11-23; 8:45 am]
BILLING CODE 3510-DS-P