[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Notices]
[Pages 24432-24433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07379]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-874]


Certain Hot-Rolled Steel Flat Products From Japan: 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 March 26, 2024, the U.S. Court of International Trade (CIT) 
issued its final judgment in Optima Steel International, LLC v. United 
States, Court No. 1:23-cv-00108 (CIT March 26, 2024), sustaining the 
U.S. Department of Commerce's (Commerce) final remand results 
pertaining to the antidumping duty administrative review on certain 
hot-rolled steel flat products from Japan, covering the period of 
review (POR) October 1, 2020, through September 30, 2021. Commerce is 
notifying the public that the CIT's final judgment is not in harmony 
with the final results of the administrative review, and that Commerce 
is amending its final results.

DATES: Applicable April 6, 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 November 29, 2021, Commerce initiated an administrative review 
with respect to two producers/exporters of subject merchandise, Nippon 
Steel Corporation/Nippon Steel Nisshin Co., Ltd./Nippon Steel Trading 
Corporation (collectively, NSC) and Tokyo Steel Manufacturing Co., Ltd. 
(Tokyo Steel).\1\ On February 23, 2022, we selected NSC, the producer/
exporter accounting for the largest volume of subject merchandise 
entered during the POR, as the mandatory respondent.\2\ On March 4, 
2022, Tokyo Steel requested that Commerce reconsider the respondent 
selection and treat Tokyo Steel as a voluntary respondent.\3\ 
Thereafter, we issued a memorandum in which we determined that Commerce 
is unable to individually examine Tokyo Steel as a voluntary respondent 
in this administrative review.\4\ On March 18, 2022, Tokyo Steel 
submitted its section A questionnaire response as a voluntary 
respondent.\5\ On April 15 and 18, 2022 Tokyo Steel submitted its 
sections B, C, and D questionnaire responses.\6\ On May 4, 2023, 
Commerce published its final results for the 2020-2021 review.\7\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 67685 (November 29, 2021).
    \2\ See Memorandum ``Respondent Selection for the 2020-2021 
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel 
Flat Products from Japan,'' dated February 23, 2022.
    \3\ See Tokyo Steel's Letter, ``Tokyo Steel's Request for 
Reconsideration of Respondent Selection and Request for Voluntary 
Respondent Treatment in the Alternative; Certain Hot-Rolled Steel 
Flat Products from Japan,'' dated March 4, 2022.
    \4\ See Memorandum ``Respondent Selection for the 2020-2021 
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel 
Flat Products from Japan,'' dated April 6, 2022.
    \5\ See Tokyo Steel's Letter, ``Tokyo Steel's Section A 
Questionnaire Response,'' dated March 18, 2022.
    \6\ See Tokyo Steel's Letters, ``Tokyo Steel's Section B 
Questionnaire Response,'' dated April 15, 2022; ``Tokyo Steel's 
Section C Questionnaire Response,'' dated April 15, 2022; and 
``Tokyo Steel's Section D Questionnaire Response,'' dated April 18, 
2022.
    \7\ See Certain Hot-Rolled Steel Flat Products from Japan: Final 
Results of Antidumping Duty Administrative Review; 2020-2021, 88 FR 
28500 (May 4, 2023) (Final Results), and accompanying Issues and 
Decision Memorandum.
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    On August 9, 2023, Optima Steel International LLC (Optima), an 
importer of Tokyo Steel, challenged Commerce's Final Results for 
Commerce's failure to treat Tokyo Steel as a second mandatory 
respondent. Commerce requested a remand to conduct a review of Tokyo 
Steel's entries for the 2020-2021 review period, which the CIT granted 
on August 11, 2023. On March 12, 2024, Commerce issued its final 
results of redetermination calculating an estimated weighted-average 
dumping margin of 5.20 percent for Tokyo Steel.\8\ On March 26, 2024, 
the CIT sustained Commerce's Final Redetermination.\9\
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    \8\ See Final Results of Redetermination Pursuant to Court 
Remand, Optima Steel International, LLC v. United States, Court No. 
1:23-cv-00108 (CIT August 11, 2023), dated March 12, 2024 (Final 
Redetermination).
    \9\ See Optima Steel International v. United States, Court No. 
1:23-cv-00108 (CIT March 26, 2024).
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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 Tariff Act of 1930, as 
amended (the Act), Commerce must publish a notice of a court decision 
that is not ``in harmony'' with a Commerce determination and must 
suspend

[[Page 24433]]

liquidation of entries pending a ``conclusive'' court decision. The 
CIT's March 26, 2024, judgment constitutes a final decision of the CIT 
that is not in harmony with Commerce's Final Results. 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 Tokyo Steel's weighted-average 
dumping margin as follows:

------------------------------------------------------------------------
                                                               Weighted
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Tokyo Steel Manufacturing Co., Ltd.........................        5.20
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Tokyo 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.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were produced by Tokyo Steel and imported by 
Optima Steel International, LLC and were entered, or withdrawn from 
warehouse, for consumption during the period October 1, 2020, through 
September 30, 2021. 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 by Tokyo Steel and imported by Optima 
Steel International, LLC in accordance with 19 CFR 351.212(b), where 
appropriate.
    Commerce intends to 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 
importer-specific ad valorem assessment rate is zero or de minimis, 
Commerce intends to instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.

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: April 2, 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. 2024-07379 Filed 4-5-24; 8:45 am]
BILLING CODE 3510-DS-P