Notice2024-00398
Certain Carbon and Alloy Steel Cut-to-Length Plate From the Federal Republic of Germany: Notice of Court Decision Not in Harmony With the Amended Final Determination of Antidumping Investigation; Notice of Second Amended Final Determination
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Published
January 11, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On December 21, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in AG der Dillinger H[uuml]ttenwerke v. United States, Court No. 17-00158, sustaining the U.S. Department of Commerce's (Commerce) fourth final results of redetermination pertaining to the antidumping duty (AD) investigation of certain carbon and alloy steel cut-to-length plate (CTL plate) from the Federal Republic of Germany (Germany) covering the period April 1, 2015, through March 31, 2016. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's amended final determination and Commerce is amending the amended final determination with respect to the dumping margins assigned to AG Der Dillinger H[uuml]ttenwerke (Dillinger) and all other producers and exporters of subject merchandise.
Full Text
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<title>Federal Register, Volume 89 Issue 8 (Thursday, January 11, 2024)</title>
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[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Notices]
[Pages 1882-1883]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00398]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-844]
Certain Carbon and Alloy Steel Cut-to-Length Plate From the
Federal Republic of Germany: Notice of Court Decision Not in Harmony
With the Amended Final Determination of Antidumping Investigation;
Notice of Second Amended Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 21, 2023, the U.S. Court of International Trade
(CIT) issued its final judgment in AG der Dillinger H[uuml]ttenwerke v.
United States, Court No. 17-00158, sustaining the U.S. Department of
Commerce's (Commerce) fourth final results of redetermination
pertaining to the antidumping duty (AD) investigation of certain carbon
and alloy steel cut-to-length plate (CTL plate) from the Federal
Republic of Germany (Germany) covering the period April 1, 2015,
through March 31, 2016. Commerce is notifying the public that the CIT's
final judgment is not in harmony with Commerce's amended final
determination and Commerce is amending the amended final determination
with respect to the dumping margins assigned to AG Der Dillinger
H[uuml]ttenwerke (Dillinger) and all other producers and exporters of
subject merchandise.
DATES: Applicable December 31, 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 April 4, 2017, Commerce published its final determination in the
AD investigation of CTL plate from Germany.\1\ After correcting
ministerial errors in the Final Determination, on May 25, 2017,
Commerce published the Amended Final Determination, calculating
estimated weighted-average dumping margins of: 5.52 percent for
Dillinger; 22.90 percent for Ilsenburger Grobblech GmbH, Salzgitter
Mannesmann Grobblech GmbH, Salzgitter Flachstahl GmbH, and Salzgitter
Mannesmann International GmbH (collectively, Salzgitter); and 21.04
percent for all other producers and exporters.\2\ In this same notice,
Commerce published its AD order on CTL plate from Germany.
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\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Federal Republic of Germany: Final Determination of Sales at
Less Than Fair Value, 82 FR 16360 (April 4, 2017) (Final
Determination).
\2\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096 (May 25, 2017) (Amended Final Determination).
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Dillinger and Salzgitter appealed Commerce's Amended Final
Determination. On July 16, 2019, the CIT remanded to Commerce to
reconsider its application of partial adverse facts available (AFA) to
certain downstream home market sales reported by Dillinger.\3\ Pursuant
to Dillinger Germany I, Commerce reconsidered how it applied partial
AFA to these sales.\4\
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\3\ See AG der Dillinger H[uuml]ttenwerke v. United States, 399
F. Supp. 3d 1247 (CIT 2019) (Dillinger Germany I).
\4\ See Final Results of Redetermination Pursuant to Court
Remand, Certain Carbon and Alloy Steel Cut-to-Length Plate from
Germany, Court No. 17-00158, Slip Op. 19-87 (CIT July 16, 2019),
dated October 8, 2019, available at <a href="https://access.trade.gov/resources/remands/index.html">https://access.trade.gov/resources/remands/index.html</a>.
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On August 18, 2021, in Dillinger Germany II, the CIT remanded to
Commerce to consider its reallocation of costs between prime and non-
prime steel plate for Dillinger, among other Dillinger cost issues, as
well as the application of a partial AFA methodology to certain
downstream home market sales reported by Salzgitter.\5\ In parallel
with Dillinger Germany II, the CIT issued a separate memorandum and
order sustaining Commerce's rejection of Dillinger's proposed quality
code for sour service pressure vessel plate and staying Dillinger's
challenge to Commerce's rejection of the proposed quality code for sour
service petroleum transport plate pending the outcome of the cost
issues on remand.\6\
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\5\ See AG der Dillinger H[uuml]ttenwerke v. United States, 534
F. Supp. 3d 1403 (CIT 2021) (Dillinger Germany II).
\6\ See Memorandum and Order, ECF No. 121 (August 18, 2021).
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On September 23, 2022, in Dillinger Germany III, the CIT remanded
to Commerce to again reconsider its selection of the facts otherwise
available for determining the cost of production of Dillinger's non-
prime products.\7\ On June 23, 2023, in Dillinger Germany IV, the CIT
sustained Commerce's determination to assign the ``likely
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selling price'' recorded Dillinger's books and records as the cost of
production for non-prime plate and the application of partial AFA to
Salzgittter.\8\ However, the CIT remanded Commerce's model-match
methodology, related specifically to Commerce's rejection of
Dillinger's proposed quality code for sour service petroleum transport
plate, for further explanation or, if appropriate, reconsideration in
light of Commerce's approach in Bohler.\9\
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\7\ See AG der Dillinger H[uuml]ttenwerke v. United States, 592
F. Supp. 3d 1344 (CIT 2022) (Dillinger Germany III).
\8\ See AG der Dillinger H[uuml]ttenwerke v. United States,
Court No. 17-00158, Slip Op. 23-94 (CIT 2023) (Dillinger Germany
IV).
\9\ See Dillinger Germany IV, Court No. 17-00158, Slip Op. 23-94
at 4 and 25; see also Bohler Bleche GMBH & Co. KG v. United States,
324 F. Supp. 3d 1344 (CIT 2018) (Bohler).
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In its final results of redetermination, issued on September 6,
2023, Commerce reconsidered its rejection of Dillinger's proposed
quality code for sour service petroleum transport plate and included
this quality code in the control numbers used in Dillinger's margin
calculations.\10\ As a result of this change, Dillinger's final
estimated weighted-average dumping margin became 4.99 percent. The CIT
sustained Commerce's final results of redetermination.\11\ While this
revision to Dillinger's margin did not affect the calculation of the
all-others rate, Commerce revised the all-others rate to be 20.99
percent in the Second Remand Redetermination.\12\ The CIT sustained
this aspect of Commerce's redetermination.\13\
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\10\ See Final Results of Redetermination Pursuant to Court
Remand; Certain Carbon and Alloy Steel Cut-to-Length Plate from
Germany, Court No. 17-00158, Slip Op. 23-94 (CIT June 23, 2023),
dated September 6, 2023, available at <a href="https://access.trade.gov/resources/remands/index.html">https://access.trade.gov/resources/remands/index.html</a>.
\11\ See AG Der Dillinger H[uuml]ttenwerke, v. United States,
Court No. 17-00158, Slip Op. 23-187 (CIT 2023).
\12\ See Final Results of Redetermination Pursuant to Court
Remand; Certain Carbon and Alloy Steel Cut-to-Length Plate from
Germany, Court No. 17-00158, Slip. Op. 21-101 (CIT August 18, 2021),
dated January 19, 2022 (Second Remand Redetermination), available at
<a href="https://access.trade.gov/resources/remands/index.html">https://access.trade.gov/resources/remands/index.html</a>. As a result
of this redetermination, Commerce reinstated the dumping margin for
Salzgitter of 22.90 percent calculated in the Amended Final
Determination.
\13\ See Dillinger Germany III.
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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(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 December 21, 2023, judgment constitutes a final decision of
the CIT that is not in harmony with Commerce's Amended Final
Determination. Thus, this notice is published in fulfillment of the
publication requirements of Timken.
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\14\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\15\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Amended Final Determination with respect to Dillinger and all other
producers and/or exporters as follows:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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AG Der Dillinger H[uuml]ttenwerke........................... 4.99
All Others.................................................. 20.99
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Cash Deposit Requirements
Because Dillinger 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 all other producers and exporters,
Commerce will issue revised cash deposit instructions to CBP.
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: January 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-00398 Filed 1-10-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 11, 2024.
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