Notice2022-20208
Certain Hot-Rolled Steel Flat Products From Australia: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 19, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 30, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in BlueScope Steel LTD. v. United States, Court No. 19-00057, sustaining the U.S. Department of Commerce's (Commerce) remand results pertaining to the administrative review of the antidumping duty (AD) order on certain hot-rolled steel flat products (hot-rolled steel) from Australia covering the period March 22, 2016, through September 30, 2017. 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 BlueScope Steel Ltd. (BSL) and its affiliate BlueScope Steel (AIS) Pty (collectively, BlueScope).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 180 (Monday, September 19, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Notices]
[Pages 57178-57179]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20208]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-809]
Certain Hot-Rolled Steel Flat Products From Australia: Notice of
Court Decision Not in Harmony With the Results of Antidumping
Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 30, 2022, the U.S. Court of International Trade
(CIT) issued its final judgment in BlueScope Steel LTD. v. United
States, Court No. 19-00057, sustaining the U.S. Department of
Commerce's (Commerce) remand results pertaining to the administrative
review of the antidumping duty (AD) order on certain hot-rolled steel
flat products (hot-rolled steel) from Australia covering the period
March 22, 2016, through September 30, 2017. 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 BlueScope Steel Ltd. (BSL) and its affiliate BlueScope Steel (AIS)
Pty (collectively, BlueScope).
DATES: Applicable September 9, 2022.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon, 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) 482-6274.
SUPPLEMENTARY INFORMATION:
Background
On April 30, 2019, Commerce published its Final Results in the
2016-2017 AD administrative review of hot-rolled steel from
Australia.\1\ Commerce applied facts otherwise available, with an
adverse inference, pursuant to sections 776(a) and (b) of the Tariff
Act of 1930, as amended (the Act) to BlueScope because it provided
deficient responses and failed to provide information in the manner and
form requested, thereby significantly impeding the administrative
review and failed to cooperate to the best of its ability with
Commerce's request for information. BlueScope appealed Commerce's Final
Results. On November 30, 2021, the CIT remanded the Final Results to
Commerce to reexamine the record in this case, as well as the use of
facts available with respect to BlueScope.\2\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from Australia:
Final Results of Antidumping Duty Administrative Review; 2016-2017,
84 FR 18241 (April 30, 2019) (Final Results), and accompanying
Issues and Decision Memorandum.
\2\ See BlueScope Steel Ltd. v. United States, 548 F. Supp. 3d
1351 at 1369 (CIT 2021).
---------------------------------------------------------------------------
In its remand redetermination, issued in April 2022, Commerce
reevaluated the information on the record and issued a supplemental
questionnaire to BlueScope identifying the deficiencies in its previous
responses. Based on BlueScope's supplemental response, we recalculated
the period of review weighted-average dumping margin for BlueScope
consistent with record evidence.\3\ The CIT sustained Commerce's Final
Redetermination.\4\
---------------------------------------------------------------------------
\3\ See Final Results of Redetermination Pursuant to Court
Remand, BlueScope Steel LTD. v. United States, Court No. 19-00057,
Slip Op. 21-160, dated April 12, 2022, available at <a href="https://access.trade.gov/Resources/remands/21-160.pdf">https://access.trade.gov/Resources/remands/21-160.pdf</a> (Final
Redetermination).
\4\ See BlueScope Steel Ltd. v. United States, Court No. 19-
00057, Slip Op. 22-102 (CIT August 30, 2022).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to sections 516A(c) and (e) of the Act, Commerce must publish a notice
of a 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 30, 2022, 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.
---------------------------------------------------------------------------
\5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\6\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to BlueScope as follows:
[[Page 57179]]
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
BlueScope Steel (AIS) Pty Ltd., BlueScope Steel Ltd., 4.95
and BlueScope Steel Distribution Pty Ltd...............
------------------------------------------------------------------------
Cash Deposit Requirements
Because BlueScope 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 a CIT order from
liquidating entries that: were (a) produced and/or exported by
BlueScope Steel Ltd. and BlueScope Steel (AIS) Pty Ltd.; (b) subject to
the Final Results; and (c) entered, or withdrawn from warehouse for
consumption, on or after March 22, 2016, up to and including September
30, 2017. 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 and/or exported by BSL and BlueScope Steel
(AIS) Pty Ltd. 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,\7\ we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
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: September 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-20208 Filed 9-16-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 19, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.