Notice2024-07379
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
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
April 8, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 68 (Monday, April 8, 2024)</title>
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[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Notices]
[Pages 24432-24433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
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Weighted
average
Producer/exporter dumping
margin
(percent)
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Tokyo Steel Manufacturing Co., Ltd......................... 5.20
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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
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