Notice2025-17779
Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy: 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 15, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On September 3, 2025, the U.S. Court of International Trade (CIT) issued its final judgment in Officine Tecnosider SRL v. United States, Court no. 23-00001, sustaining the U.S. Department of Commerce (Commerce)'s second remand results pertaining to the administrative review of the antidumping duty (AD) order on certain carbon and alloy steel cut-to-length plate (CTL Plate) from Italy covering the period May 1, 2020, through April 30, 2021. 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 Officine Tecnosider s.r.l. (OTS).
Full Text
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<title>Federal Register, Volume 90 Issue 176 (Monday, September 15, 2025)</title>
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[Federal Register Volume 90, Number 176 (Monday, September 15, 2025)]
[Notices]
[Pages 44367-44368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17779]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy:
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 September 3, 2025, the U.S. Court of International Trade
(CIT) issued its final judgment in Officine Tecnosider SRL v. United
States, Court no. 23-00001, sustaining the U.S. Department of Commerce
(Commerce)'s second remand results pertaining to the administrative
review of the antidumping duty (AD) order on certain carbon and alloy
steel cut-to-length plate (CTL Plate) from Italy covering the period
May 1, 2020, through April 30, 2021. 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 Officine
Tecnosider s.r.l. (OTS).
DATES: Applicable September 15, 2025.
FOR FURTHER INFORMATION CONTACT: Rebecca M. Janz, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2972.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 2022, Commerce published its Final Results in the
2020-2021 AD administrative review of CTL plate from Italy.\1\ In the
Final Results,
[[Page 44368]]
Commerce determined to rely on OTS's reported annual cost of production
(COP) data rather than applying the quarterly cost methodology.\2\ OTS
appealed Commerce's Final Results, and, on May 15, 2023, the CIT
granted Commerce's request for a voluntary remand to reconsider whether
to apply the quarterly cost methodology to OTS's cost data.\3\
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\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Italy: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2020-2021, 87 FR 75219
(December 8, 2022) (Final Results), and accompanying Issues and
Decision Memorandum (IDM).
\2\ Id. at Comment 7.
\3\ See Order Granting Unopposed Motion to Voluntarily Remand
Case, Officine Tecnosider SRL v. United States, Court No. 23-00001
(CIT May 15, 2023).
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In its first remand redetermination, issued in September 2023,
Commerce determined it was appropriate to apply the quarterly cost
methodology to OTS's COP data and recalculated OTS's weighted-average
dumping margin.\4\ On September 17, 2023, the CIT remanded for a second
time, instructing Commerce to explain why Commerce's test for applying
a quarterly cost methodology is adequate to address a situation where
there is only one quarter of U.S. sales data.\5\
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\4\ See Final Results of Redetermination Pursuant to Court
Remand, Officine Tecnosider SRL v. United States, Court No. 23-00001
(CIT May 15, 2023), dated September 11, 2023.
\5\ See Officine Tecnosider SRL v. United States, Slip Op. No.
24-102, Court No. 23-00001 (CIT September 17, 2024).
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In its second remand redetermination, issued in January 2025,
Commerce continued to find it appropriate to apply the quarterly cost
methodology to OTS's COP data and provided additional analysis and
explanation of this finding.\6\ The CIT sustained Commerce's Second
Redetermination.\7\
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\6\ See Final Results of Second Redetermination Pursuant to
Court Remand, Officine Tecnosider SRL v. United States, Slip. Op.
24-102 (CIT September 17, 2024), dated January 15, 2025 (Second
Redetermination).
\7\ See Officine Tecnosider SRL v. United States, Slip Op. No.
25-116, Court No. 23-00001 (CIT September 3, 2025).
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Timken Notice
In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\
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 September 3,
2025 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.
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\8\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\9\ See Diamond Sawblades Manufacturers 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 judgment, Commerce is amending
its Final Results with respect to OTS as follows:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Officine Tecnosider s.r.l.................................. 0.00
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Cash Deposit Requirements
Because OTS 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 and exported by OTS and were
entered, or withdrawn from warehouse, for consumption during the period
May 1, 2020, through April 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 liquidate these entries without regard to
dumping duties.\10\
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\10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102-03 (February 14,
2012); see also 19 CFR 351.106(c)(2).
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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 10, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-17779 Filed 9-12-25; 8:45 am]
BILLING CODE 3510-DS-P
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