Certain Hot-Rolled Steel Flat Products From Japan: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results

Issuing agencies

Abstract

On April 8, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in Nippon Steel Corporation vs the United States, Consol. Court no. 21-00533, 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 hot-rolled steel flat products from Japan covering the period October 1, 2018, through September 30, 2019. 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 Nippon Steel Corporation (Nippon Steel).

Full Text

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<title>Federal Register, Volume 91 Issue 166 (Friday, August 28, 2026)</title>
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[Federal Register Volume 91, Number 166 (Friday, August 28, 2026)]
[Notices]
[Pages 55513-55514]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17619]


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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 Results of Antidumping 
Administrative Review; Notice of Amended Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 8, 2026, the U.S. Court of International Trade (CIT) 
issued its final judgment in Nippon Steel Corporation vs the United 
States, Consol. Court no. 21-00533, 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 
hot-rolled steel flat products from Japan covering the period October 
1, 2018, through September 30, 2019. 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 Nippon 
Steel Corporation (Nippon Steel).

DATES: Applicable April 18, 2026.

FOR FURTHER INFORMATION CONTACT: David Duffeck, 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) 482-3524.

SUPPLEMENTARY INFORMATION:

Background

    On Augst 26, 2021, Commerce published its Final Results in the 
2018-2019 AD administrative review of

[[Page 55514]]

certain hot-rolled steel flat products from Japan. Commerce calculated 
a weighted-average dumping margin of 11.70 percent.\1\
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    \1\ See Certain Hot-Rolled Steel Flat Products from Japan: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2018-2019, 86 FR 47615 (August 26, 
2021) (Final Results).
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    Nippon Steel challenged Commerce's Final Results, regarding 
Commerce's application of partial adverse inference to Nippon Steel's 
home market affiliates' unreported downstream sales and Commerce's 
decision to deduct section 232 of the Trade Expansion Act of 1962 duty 
payments from the U.S. price of subject merchandise. On August 1, 2022, 
Commerce completed a partial voluntary remand, granted by the CIT, to 
add certain separately-reported service-related revenue to the U.S. 
price and revised Nippon Steel's rate of dumping for the POR to 10.12 
percent.\2\
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    \2\ See Final Results of Remand Redetermination Pursuant to 
Court Remand, Nippon Steel Corporation v. United States, Consol. 
Court No. 21-00533, dated August 1, 2022 (First Remand 
Redetermination).
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    On October 10, 2024, the CIT affirmed, in part, and remanded, in 
part, Commerce's Final Results as amended by the First Remand 
Redetermination.\3\ The CIT remanded Commerce to reconsider or further 
explain Commerce's decision to apply facts available with an adverse 
inference to certain Nippon Steel home market affiliates' unreported 
downstream sales.\4\ On October 10, 2024, Commerce issued its Second 
Remand Redetermination, in which Commerce further explained its 
decision to continue to apply an adverse inference to Nippon Steel's 
home market affiliates' unreported downstream sales and the CIT 
sustained Commerce's second redetermination.\5\ On April 8, 2026, the 
CIT issued its final judgement sustaining Commerce's Final Results, as 
amended by the First Remand Redetermination and Second Remand 
Redetermination.\6\
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    \3\ See Nippon Steel Corporation v. United States, 732 F.Supp.3d 
1353 (CIT 2024).
    \4\ Id.
    \5\ See Final Results of Remand Redetermination Pursuant to 
Court Remand, Nippon Steel Corporation v. United States, Consol. 
Court No. 21-00533, Slip Op. 24-112 (CIT October 10, 2024), dated 
January 8, 2025 (Second Remand Redetermination).
    \6\ See Nippon Steel Corporation v. United States, 829 F.Supp.3d 
1274 (CIT 2026).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the U.S. Court of Appeals for the Federal Circuit held that, pursuant 
to sections 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 April 8, 
2026, 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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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ 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 Nippon Steel as follows:

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                                                              Weighted-
                                                               average
                          Company                              dumping
                                                                margin
                                                              (percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./          10.12
 Nippon Steel Trading Corporation..........................
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Cash Deposit Requirements

    Because Nippon 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 for Nippon Steel. For all exporters/producers 
that do not have a superseding cash deposit rate, Commerce will issue 
revised cash deposit instructions to CBP.

Liquidation of Suspended Entries

    As no parties have appealed the CIT's ruling and the appeals period 
is now lapsed, the Court's decision is final and conclusive. Commerce 
intends to instruct CBP to assess antidumping duties on unliquidated 
entries of subject merchandise produced and/or exported by Nippon Steel 
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,\9\ we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
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    \9\ 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 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: August 26, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2026-17619 Filed 8-27-26; 8:45 am]
BILLING CODE 3510-DS-P


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