[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59652-59653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23643]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-816]
Certain Corrosion-Resistant Carbon Steel Flat Products From the
Republic of Korea: Notice of Court Decision Not in Harmony With Final
Results of Administrative Review and Notice of Amended Final Results of
Administrative Review; 2005-2006
SUMMARY: On August 8, 2013, the United States Court of International
Trade (``CIT'' or ``Court'') entered final judgment sustaining the
Department of Commerce's (``Department'') final results of the remand
redetermination \1\ relating to the thirteenth administrative review of
the antidumping duty order on certain corrosion-resistant carbon steel
flat products (``CORE'') from the Republic of Korea (``Korea''),
pursuant to the CIT's remand order in Union Steel v. United States, 753
F. Supp. 2d 1317 (CIT 2011) (``Union II''). Consistent with the
decision of the United States Court of Appeals for the Federal Circuit
(``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition
v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond
Sawblades''), the Department is notifying the public that the final CIT
judgment in this case is not in harmony with the Department's final
results of administrative review and is amending its final results of
the administrative review of the antidumping duty order on CORE from
Korea covering the period of review (``POR'') of August 1, 2005 through
July 31, 2006, with respect to the weighted-average dumping margin
assigned to Union Steel Manufacturing Co., Ltd. (``Union'').
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\1\ See Final Remand Results of Redetermination Pursuant to
Remand, CIT Court No. 08-00101 (April 11, 2011) (``Second Remand
Results'').
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DATES: Effective August 19, 2013.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, Office 8, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-4161.
SUPPLEMENTARY INFORMATION:
Background
The Department published the final results of the thirteenth
administrative review of the antidumping duty order on CORE from Korea
on March 17,
[[Page 59653]]
2008.\2\ Union subsequently filed a timely complaint with the CIT to
challenge various aspects of the Final Results.
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\2\ See Certain Corrosion-Resistant Carbon Steel Flat Products
from the Republic of Korea: Notice of Final Results of the
Thirteenth Administrative Review, 73 FR 14220 (March 17, 2008)
(``Final Results'').
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On September 28, 2009, the Court granted the Department's request
for voluntary remand to provide additional explanation with regard to
the model-match criteria as applied to Union.\3\ On December 28, 2009,
the Department filed initial remand results providing that explanation,
but without changing its methodology or recalculating Union's weighted-
average dumping margin.\4\ On January 11, 2011, the Court again
remanded for the Department to reconsider its position with regard to
the model-match criteria as applied to Union.\5\ On April 11, 2011, the
Department revised its position with regard to the model-match criteria
as applied to Union and recalculated Union's weighted-average margin
from 4.35 percent in the Final Results to 3.59 percent.\6\ On November
21, 2011, the Court sustained the Department's remand redetermination
regarding the model-match criteria.\7\ On August 8, 2013, after
disposition of remaining issues, the Court entered final judgment.\8\
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\3\ See Union Steel v. United States, 645 F. Supp. 2d 1298 (CIT
2009).
\4\ See Final Remand Results of Redetermination Pursuant to
Remand, CIT Court No. 08-00101 (December 28, 2009).
\5\ See Union II.
\6\ See Second Remand Results.
\7\ See Union Steel v. United States, 804 F. Supp. 2d 1356 (CIT
2011).
\8\ See Union Steel v. United States, Court No. 08-00101, Slip
Op. 13-105 (CIT Aug. 8, 2013).
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Timken Notice
In its decision in Timken, as clarified by Diamond Sawblades, the
CAFC held that, pursuant to section 516A(c) of the Tariff Act of 1930,
as amended (``the Act''), the Department must publish a notice of a
court decision that is not ``in harmony'' with a Department
determination and must suspend liquidation of entries pending a
``conclusive'' court decision. The CIT's August 8, 2013, judgment in
this case constitutes a final decision of that court that is not in
harmony with the Department's final results of the administrative
review. This notice is published in fulfillment of the publication
requirements of Timken. Accordingly, the Department will continue the
suspension of liquidation of the subject merchandise pending expiration
of the period of appeal or, if appealed, pending a final and conclusive
court decision. Because the antidumping duty order on CORE from Korea
has been revoked effective February 14, 2012, cash deposits are no
longer in effect.\9\
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\9\ See Corrosion-Resistant Carbon Steel Flat Products from
Germany and the Republic of Korea: Revocation of Antidumping and
Countervailing Duty Orders, 78 FR 16832 (March 19, 2013)
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Amended Final Results
Because there is now a final court decision with respect to this
case, the Department is amending its Final Results with respect to
Union's weighted-average dumping margins for the period August 1, 2005
through July 31, 2006.\10\ The revised weighted-average dumping margin
is as follows:
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\10\ The remaining weighted-average dumping margins from the
Final Results remain unchanged.
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Weighted-average
Manufacturer/exporter dumping margin
(percent)
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Union Steel Manufacturing Co., Ltd.................. 3.59
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In the event that the CIT's ruling is not appealed, or if appealed,
upheld by the CAFC, the Department will instruct CBP to liquidate
entries of subject merchandise in accordance with 19 CFR
351.212(b).\11\
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\11\ See Final Results, 73 FR at 14221.
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This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: September 19, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-23643 Filed 9-26-13; 8:45 am]
BILLING CODE 3510-DS-P