Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Countervailing Duty Administrative Review; Notice of Amended Final Results

Issuing agencies

Abstract

On October 27, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in POSCO v. United States Consol. Court No. 24-00006, Slip Op. 26-131, sustaining the U.S. Department of Commerce (Commerce)'s second remand results pertaining to the administrative review of the countervailing duty (CVD) order on of certain carbon and alloy steel cut-to-length plate (CTL Plate) from the Republic of Korea (Korea) covering the period January 1, 2021, through December 31, 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 countervailable subsidy rate assigned to POSCO Co., Ltd. (POSCO).

Full Text

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<title>Federal Register, Volume 91 Issue 214 (Friday, November 6, 2026)</title>
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[Federal Register Volume 91, Number 214 (Friday, November 6, 2026)]
[Notices]
[Pages 70052-70053]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22706]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-888]


Certain Carbon and Alloy Steel Cut-to-Length Plate From the 
Republic of Korea: Notice of Court Decision Not in Harmony With the 
Results of Countervailing Duty Administrative Review; Notice of Amended 
Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On October 27, 2026, the U.S. Court of International Trade 
(CIT) issued its final judgment in POSCO v. United States Consol. Court 
No. 24-00006, Slip Op. 26-131, sustaining the U.S. Department of 
Commerce (Commerce)'s second remand results pertaining to the 
administrative review of the countervailing duty (CVD) order on of 
certain carbon and alloy steel cut-to-length plate (CTL Plate) from the 
Republic of Korea (Korea) covering the period January 1, 2021, through 
December 31, 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 countervailable subsidy rate assigned to POSCO Co., 
Ltd. (POSCO).

DATES: Applicable November 6, 2026.

FOR FURTHER INFORMATION CONTACT: Rachel Accorsi or Joshua Nixon, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-7472 or (202) 
482-8361, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 13, 2023, Commerce published its Final Results in the 
2021 CVD administrative review of CTL Plate from Korea.\1\ In the Final 
Results, Commerce found that POSCO, the sole mandatory respondent, 
received countervailable subsidies from the Government of Korea (GOK) 
during the period of review (POR). Commerce calculated an overall net 
subsidy rate of 0.87 percent ad valorem.\2\
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    \1\ See Carbon and Alloy Steel Cut-to-Length Plate from the 
Republic of Korea: Final Results of Countervailing Duty 
Administrative Review; 2021, 88 FR 86318 (December 13, 2023) (Final 
Results), and accompanying Issues and Decision Memorandum.
    \2\ See Final Results, 88 FR at 86319.
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    POSCO appealed Commerce's Final Results. On August 8, 2025, the CIT 
remanded the Final Results to Commerce, directing Commerce to 
reconsider the following: (1) Commerce's finding that the provision of 
electricity for less than adequate renumeration (LTAR) in Korea was de 
facto specific under section 771(5A)(D)(iii)(III) of the Tariff Act of 
1930, as amended (the Act); (2) Commerce's finding that the provision 
of Korean Emission Trading System (K-ETS) permits provided a financial 
contribution in the form of revenue forgone within the meaning of 
771(5)(D) of the Act; and (3) Commerce's finding that the provision of 
K-ETS permits is specific under section 771(5A)(D)(i) of the Act.\3\
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    \3\ See POSCO v. United States, 794 F.Supp.3d 1402 (CIT 2025) 
(Remand Order).
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    In the First Final Remand Redetermination, issued on December 9, 
2025, Commerce determined that: (1) there was a lack of evidence on the 
record to find the provision of electricity for LTAR de facto specific 
under section 771(5A)(D)(iii)(III) of the Act and therefore found the 
provision of electricity for LTAR not countervailable; (2) the 
provision of K-ETS permits by the GOK provided a financial contribution 
in the form of a direct transfer of funds within the meaning of section 
771(5)(D)(i) of the Act; and (3) the provision of K-ETS permits is 
contingent upon export performance in accordance with sections 
771(5A)(A) and (B) of the Act.\4\
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    \4\ See Final Results of Redetermination Pursuant to Second 
Court Remand: POSCO v. United States, Court No. 24 00006, Slip Op. 
25-100, dated December 9, 2025 (First Final Remand Redetermination), 
available at <a href="https://access.trade.gov/FinalRemandRedetermination">https://access.trade.gov/FinalRemandRedetermination</a>.
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    On April 17, 2026, the CIT issued its Second Remand Order \5\ which 
sustained Commerce on its findings regarding (1) provision of 
electricity for LTAR and (2) the financial contribution of K-ETS 
permits. However, the CIT found that Commerce's determination that the 
provision of K-ETS permits was export contingent was not in accordance 
with law and remanded the third issue, Commerce's specificity finding 
for the provision of K-ETS permits, to Commerce for further 
consideration.\6\
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    \5\ See POSCO v. United States, 829 F.Supp.3d 1298 (CIT 2026) 
(Second Remand Order).
    \6\ Id. at 15-17.
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    In the Second Final Remand Redetermination,\7\ issued on July 11,

[[Page 70053]]

2026, Commerce determined that the provision of K-ETS permits is de 
facto specific, pursuant to section 771(5A)(D)(iii)(I) of the Act. 
Based on this analysis, Commerce calculated a revised 0.80 percent 
total ad valorem subsidy rate for POSCO. On October 27, 2026, the CIT 
sustained Commerce's Second Final Remand Redetermination.\8\
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    \7\ See Final Results of Redetermination Pursuant to Second 
Court Remand: POSCO v. United States, Court No. 24 00006, Slip Op. 
26-36, dated July 22, 2026 (Second Final Remand Redetermination), 
available at <a href="https://access.trade.gov/FinalRemandRedetermination">https://access.trade.gov/FinalRemandRedetermination</a>.
    \8\ See POSCO v. United States, Consol. Court No. 24-00006, Slip 
Op. 26-131 (October 27, 2026).
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Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ the U.S. Court of Appeals for the Federal Circuit held 
that, pursuant to section 516A(c) and (e) of 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 October 27, 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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    \9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \10\ 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 POSCO as follows:
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    \11\ As discussed in Certain Carbon and Alloy Steel Cut-to-
Length Plate from the Republic of Korea: Preliminary Results and 
Partial Rescission of Countervailing Duty Administrative Review; 
2021, 88 FR 37019 (June 6, 2023), Commerce found the following 
companies to be cross-owned with POSCO: Pohang Scrap Recycling 
Distribution Center Co. Ltd.; POSCO Chemical Co., Ltd.; POSCO M-Tech 
Co., Ltd.; POSCO Nippon Steel RHF Joint Venture Co., Ltd.; POSCO SPS 
Co., Ltd.; and POSCO Terminal Co., Ltd. The subsidy rate applies to 
all cross-owned companies. We note that POSCO has an affiliated 
trading company through which it exported certain subject 
merchandise during the POR, POSO International (aka POSCO 
International Corporation). POSCO International was not selected as 
a mandatory respondent but was examined in the context of POSCO. 
Therefore, there is not an established countervailing duty rate for 
POSCO International; POSCO International's subsidies are accounted 
for in POSCO's total subsidy rate. Instead, entries of subject 
merchandise exported by POSCO International will receive the rate of 
the producer listed on the U.S. Customs and Border Protection (CBP) 
entry form. Thus, the subsidy rate applied to POSCO and POSCO's 
cross-owned companies is also applied to POSCO International for 
entries of subject merchandise produced by POSCO.

------------------------------------------------------------------------
                                                      Subsidy rate for
                                                    January 1, 2021, to
                Producer/exporter                    December 31, 2021
                                                    (percent ad valorem)
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POSCO Co., Ltd.\11\..............................                   0.80
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Cash Deposit Requirements

    Because POSCO 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 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 POSCO and exported by POSCO 
International and were entered, or withdrawn from warehouse, for 
consumption during the period January 1, 2021, through December 31, 
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 countervailing duties on unliquidated entries of 
subject merchandise produced and/or exported by POSCO in accordance 
with 19 CFR 351.212(b). We will instruct CBP to assess countervailing 
duties on all appropriate entries covered by this review when the ad 
valorem rate is not zero or de minimis. Where an ad valorem subsidy 
rate is zero or de minimis,\12\ we will instruct CBP to liquidate the 
appropriate entries without regard to countervailing duties.
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    \12\ 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: November 3, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2026-22706 Filed 11-5-26; 8:45 am]
BILLING CODE 3510-DS-P


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