Notice2022-19631
Certain Oil Country Tubular Goods From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results
Primary source
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Published
September 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 29, 2022, the U.S. Court of International Trade (the Court or CIT) issued its final judgment in SeAH Steel Corporation v. United States, Consol. Court No. 20-00150, Slip Op. 22-101, sustaining the U.S. Department of Commerce's (Commerce) remand results pertaining to the administrative review of the antidumping duty (AD) order on certain oil country tubular goods (OCTG) from the Republic of Korea (Korea) covering the period September 1, 2017, through August 31, 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 margin assigned to SeAH Steel Corporation (SeAH).
Full Text
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<title>Federal Register, Volume 87 Issue 174 (Friday, September 9, 2022)</title>
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[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Notices]
[Pages 55396-55397]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19631]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods From the Republic of Korea:
Notice of Court Decision Not in Harmony With the Results of Antidumping
Duty Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 29, 2022, the U.S. Court of International Trade (the
Court or CIT) issued its final judgment in SeAH Steel Corporation v.
United States, Consol. Court No. 20-00150, Slip Op. 22-101, sustaining
the U.S. Department of Commerce's (Commerce) remand results pertaining
to the administrative review of the antidumping duty (AD) order on
certain oil country tubular goods (OCTG) from the Republic of Korea
(Korea) covering the period September 1, 2017, through August 31, 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 margin assigned to SeAH Steel Corporation (SeAH).
DATES: Applicable September 8, 2022.
FOR FURTHER INFORMATION CONTACT: Frank Schmitt or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4880 or (202) 482-6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 13, 2020, Commerce published its Final Results in the 2017-
2018 AD administrative review of OCTG from Korea.\1\ In this
administrative review, Commerce selected two mandatory respondents for
individual examination: Hyundai Steel Company (Hyundai Steel) and SeAH.
Commerce calculated weighted-average dumping margins of 0.00 percent
for Hyundai Steel, 3.96 percent for SeAH, and 3.96 percent for the non-
examined companies in the Final Results.\2\ SeAH
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challenged the Final Results on multiple grounds.\3\
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\1\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Final Results of Antidumping Duty Administrative Review;
2017-2018, 85 FR 41949 (July 13, 2020) (Final Results), and
accompanying Issues and Decision Memorandum.
\2\ Id.
\3\ See generally SeAH Steel Corp. v. United States, 539 F.
Supp. 3d 1341 (CIT 2022) (Remand Order).
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In its Remand Order, the Court sustained Commerce's determination
with respect to two issues: (1) the calculation of profit as included
in SeAH's constructed export price; \4\ and (2) the exclusion of
freight revenue in calculating SeAH's constructed export price.\5\
However, the Court remanded two of Commerce's determinations:
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\4\ Id., 539 F. Supp. 3d at 1366.
\5\ Id.
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1. Particular market situation (PMS), finding that substantial
record evidence does not support Commerce's cumulative determination
that a PMS existed in Korea for the 2017-2018 period of review (POR),
thus, the issue required further consideration or explanation.\6\
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\6\ Id.
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2. The application of Cohen's d test, as part of the differential
pricing analysis, for further explanation of whether potential limits
on the applicability of the Cohen's d test as enumerated in Stupp \7\
were satisfied or whether those limits need not be observed when
Commerce uses the Cohen's d test.\8\
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\7\ See Stupp v. United States, 5 F.4th 1341 (Fed. Cir. 2021)
(Stupp).
\8\ See Remand Order, 539 F. Supp. 3d at 1351 and 1366.
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In its final results of redetermination pursuant to the Remand
Order issued on July 16, 2021, Commerce reconsidered the two
determinations listed above.\9\ In the Redetermination, Commerce:
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\9\ See Final Results of Redetermination Pursuant to Court
Remand, SeAH Steel Corp. v. United States, Consolidated Court No.
20-00150, Slip. Op. 21-146 (CIT October 19, 2021), dated January 24,
2022 (Redetermination).
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1. Reversed the PMS finding and removed the adjustment from the
margin calculations for SeAH.
2. Determined that it was not necessary to address the issue of
applicability of the Cohen's d test because, having reversed the PMS
finding, the weighted-average dumping margin is either zero or de
minimis regardless of which comparison method is used, thus rendering
the differential pricing analysis moot.
As a result, Commerce recalculated the weighted-average dumping
margin for SeAH, which changed from 3.96 percent to 0.00 percent.\10\
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\10\ Id.
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On August 29, 2022, the CIT issued its final judgment in SeAH Steel
Corporation v. United States, Consol. Court No. 20-00150, Slip Op. 22-
101, fully sustaining Commerce's Redetermination: \11\
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\11\ See SeAH Steel Corporation v. United States, Consol. Court
No. 20-00150, Slip Op. 22-101 (CIT August 29, 2022) (SeAH Steel
Judgement).
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(1) The CIT sustained Commerce's Redetermination with respect to
the PMS determination and adjustment.\12\
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\12\ Id. at 10-11.
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(2) The CIT sustained Commerce's Redetermination with respect to
not applying the differential pricing analysis to calculate SeAH's
dumping margin because SeAH's dumping margin is either zero or de
minimis, regardless of which comparison method is used.\13\
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\13\ Id. at 12.
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Timken Notice
In its decision in Timken,\14\ as clarified by Diamond
Sawblades,\15\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a notice of a court decision not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The Court's August 29,
2022, judgment sustaining the Redetermination constitutes a final
decision of the Court that is not in harmony with Commerce's Final
Results. This notice is published in fulfillment of the publication
requirement of Timken.
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\14\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\15\ See Diamond Sawblades Mfrs. 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 decision, Commerce is amending
the Final Results with respect to SeAH for the period September 1,
2017, through August 31, 2018. The revised dumping margin is as
follows:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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SeAH Steel Corporation..................................... 0.00
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Cash Deposit Requirements
Because SeAH has had 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.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were produced and exported by SeAH, and were
entered, or withdrawn from warehouse, for consumption during the period
September 1, 2017, through August 31, 2018. Liquidation of 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 ADs on unliquidated entries of subject
merchandise produced and exported by SeAH, in accordance with 19 CFR
351.212(b). We will instruct CBP to assess ADs 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,\16\ we will instruct
CBP to liquidate the appropriate entries without regard to ADs.
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\16\ 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
516(A)(c) and (e) and 777(i)(1) of the Act.
Dated: September 6, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19631 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 9, 2022.
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