[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17813-17814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05170]



[[Page 17813]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-879]


Certain Corrosion-Resistant Steel Products From the Republic of 
Korea: Notice of Court Decision Not in Harmony With the Final Results 
of Countervailing Duty Administrative Review; Notice of Amended Final 
Results

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

SUMMARY: On February 20, 2024, the U.S. Court of International Trade 
(CIT) issued its final judgment in Hyundai Steel Co. v. United States, 
Court No. 21-00304, sustaining the U.S. Department of Commerce 
(Commerce)'s remand results pertaining to the administrative review of 
the countervailing duty (CVD) order on certain corrosion-resistant 
steel products (CORE) from the Republic of Korea (Korea) covering the 
period January 1, 2018, through December 31, 2018 (POR). 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).

DATES: Applicable March 1, 2024.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-2371.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2021, Commerce published its Final Results of the 2018 
CVD administrative review of CORE from Korea.\1\ Commerce determined 
that Hyundai 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'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 received a financial contribution in the form of revenue 
forgone, because the GOK gave Hyundai the right to collect berthing 
income and harbor facility usage fees which otherwise would have been 
collected by the GOK. We calculated a 0.01 percent ad valorem subsidy 
rate for the Port of Incheon program.\4\
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    \1\ See Certain Corrosion-Resistant Steel Products from the 
Republic of Korea: Final Results and Partial Rescission of 
Countervailing Duty Administrative Review; 2018, 86 FR 29237 (June 
1, 2021) (Final Results), and accompanying Issues and Decision 
Memorandum (IDM).
    \2\ See Final Results IDM at Comments 2 and 3.
    \3\ Id. at 6-7 and Comment 3.
    \4\ Id. at 7 and Comment 2.
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    Hyundai appealed Commerce's Final Results. On January 11, 2022, the 
CIT, at Commerce's request, remanded Commerce's determination related 
to the sewerage fees program.\5\ Thus, in its first remand 
redetermination, issued April 11, 2022, Commerce reexamined the 
Reduction for Sewerage Fees program and determined that the program was 
not countervailable. On September 26, 2023, the CIT sustained 
Commerce's first remand determination, and further remanded Commerce's 
final determination that the Port of Incheon program conferred a 
benefit.\6\ In its second remand redetermination, issued January 24, 
2024, Commerce reexamined the Port of Incheon program and determined 
that the program does not provide a measurable benefit. As a result of 
these two remand redeterminations, we adjusted the final subsidy rate 
calculation from the previous rate of 0.51 percent for Hyundai to a new 
subsidy rate of 0.49 percent.\7\ On February 20, 2024, the CIT 
sustained Commerce's second remand redetermination.\8\
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    \5\ See Hyundai Steel Co. v. United States, Court No. 21-00304, 
ECF No. 26 (CIT January 11 2022).
    \6\ Hyundai Steel Co. v. United States, 658 F. Supp. 3d 1331 
(CIT September 26, 2023).
    \7\ See Final Results of Redetermination Pursuant to Court 
Remand, Hyundai Steel Co. v. United States, Court No. 21-00304 (CIT 
January 11, 2022), dated April 11, 2022; see also, Final Results of 
Redetermination Pursuant to Court Remand, Hyundai Steel Co. v. 
United States, Court No. 21-00304, Slip Op. 23-142 (CIT September 
26, 2023), dated January 23, 2024.
    \8\ See Hyundai Steel Company v. United States, Court No. 21-
00304, ECF No. 60 (CIT Feb. 20, 2024).
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Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ 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 February 20, 2024, 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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    \9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \10\ 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 
as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Hyundai Steel Company...................................          * 0.49
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* De minimis.

Cash Deposit Requirements

    Because Hyundai 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.

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 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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[[Page 17814]]

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 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-05170 Filed 3-11-24; 8:45 am]
BILLING CODE 3510-DS-P