60638 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 

1See Certain Hot-Rolled Steel Flat Products from 

the Republic of Korea: Final Results of 

Countervailing Duty Administrative Review; 2018, 

86 FR 47621 (August 26, 2021) (Final Results), and 

accompanying Issues and Decision Memorandum 

(IDM). 

2See Final Results IDM at Comments 2 and 3. 

3 Id. at 7 and Comment 3. 

4 Id. at 7 and Comment 2. 

5See Hyundai Steel Company v. United States, 

Court No. 21–00536, Slip Op. 23–15 (CIT 2023). 

6See Final Results of Redetermination Pursuant 

to Court Remand, Hyundai Steel Company v. 

United States, Court No. 21–00536, Slip Op. 23–15 

(CIT February 10, 2023), dated April 7, 2023, 

available at https://access.trade.gov/resources/ 

remands/23-15.pdf. 

7See Hyundai Steel Company v. United States, 

Court No. 21–00536, Slip. Op. 23–121, at 13. 

8See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

9See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

10This company is also known as Hyundai Steel 

Co., Ltd. 

and the subsequent assessment of 

double AD duties. 

Notification to Interested Parties 

We are issuing and publishing the 

preliminary results of this 

administrative review in accordance 

with sections 751(a)(l) and 777(i)(l) of 

the Act, and 19 CFR 351.213 and 19 

CFR 351.221(b)(4). 

Dated: August 28, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–19021 Filed 9–1–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–580–884] 

Certain Hot-Rolled Steel Flat Products 

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 August 21, 2023, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Hyundai 

Steel Company v. United States, Court 

No. 21–00536, sustaining the U.S. 

Department of Commerce (Commerce)’s 

remand results pertaining to the 

administrative review of the 

countervailing duty (CVD) order on 

certain hot-rolled steel flat products 

(HRS) from the Republic of Korea 

(Korea) covering the period January 1, 

2018, through December 31, 2018. 

Commerce is notifying the public that 

the CIT’s final judgement 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 countervailable 

subsidy rate assigned to Hyundai Steel 

Company (Hyundai Steel). 

DATES: Applicable August 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Nathan James, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–5305. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 26, 2021, Commerce 

published its Final Results of the 2018 

CVD administrative review of HRS from 

Korea.1 Commerce determined that 

Hyundai Steel received countervailable 

subsidies from the Government of Korea 

(GOK) under various programs, 

including the Reduction for Sewerage 

Fees program and the Provision of Port 

Usage Rights at the Port of Incheon 

program.2 With respect to the sewerage 

fees program, we found that Hyundai 

Steel’s reduced sewerage bill reflected 

revenue forgone, and we calculated a 

0.01 percent ad valorem subsidy rate for 

the program.3 With respect to the Port 

of Incheon program, we found that 

Hyundai Steel received a financial 

contribution in the form of revenue 

forgone, because the GOK gave Hyundai 

Steel the right to collect berthing 

income and harbor facility usage fees 

which otherwise would have been 

collected by the GOK.4

Hyundai Steel appealed Commerce’s 

Final Results. On February 10, 2023, the 

CIT remanded Commerce’s 

determination that the Port of Incheon 

program conferred a benefit; the CIT 

also, at Commerce’s request, remanded 

Commerce’s determination related to 

the sewerage fees program.5

In its final remand redetermination, 

issued in April 2023, Commerce 

reexamined the Reduction for Sewerage 

Fees program and determined that the 

program was not countervailable. We 

also provided further explanation for 

our determination that the Port of 

Incheon program should be analyzed as 

a revenue forgone subsidy program and 

that it conferred a benefit. We adjusted 

the final subsidy rate calculation from 

the previous rate of 0.51 percent for 

Hyundai Steel to a new subsidy rate of 

0.50 percent.6 The CIT sustained 

Commerce’s final results of 

redetermination.7

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 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 

August 21, 2023, 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. 

Amended Final Results 

Because there is now a final court 

judgment, Commerce is amending its 

Final Results with respect to the subsidy 

rate assigned to Hyundai Steel as 

follows: 

Company 

Subsidy rate 

(percent 

ad valorem) 

Hyundai Steel Company 10 ... 0.50 

Cash Deposit Requirements 

Because Hyundai 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 

Hyundai Steel. 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that: were produced and/or 

exported by Hyundai Steel Co., Ltd., (a/ 

k/a Hyundai Steel Company or Hyundai 

Steel), and were entered, or withdrawn 

from warehouse, for consumption 

during the period January 1, 2018, 

through December 31, 2018. 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 60639 

11See 19 CFR 351.106(c)(2). 

1See 1,1,1,2-Tetrafluoroethane (R–134a) from the 

People’s Republic of China: Preliminary Results of 

Antidumping Duty Administrative Review, Partial 

Rescission, and Preliminary Determination of No 

Shipments; 2021–2022, 88 FR 27861 (May 3, 2023) 

(Preliminary Results), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Decision Memorandum for 

the Final Results of Antidumping Duty 

Administrative Review: 1,1,1,2-Tetrafluoroethane 

(R–134a) from the People’s Republic of China; 

2021–2022,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

3See 1,1,1,2-Tetrafluoroethane (R–134a) from the 

People’s Republic of China: Antidumping Duty 

Order, 82 FR 18422 (April 19, 2017) (Order). 

4See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694 (October 24, 2011) (Assessment Practice 

Refinement); see also ‘‘Assessment Rates’’ section, 

below. 

5See Antidumping Proceedings: Announcement 

of Change in Department Practice for Respondent 

Selection in Antidumping Duty Proceedings and 

Conditional Review of the Nonmarket Economy 

Entity in NME Antidumping Duty Proceedings, 78 

FR 65963, 65969–70 (November 4, 2013). 

6See Order, 82 FR at 18423. 

merchandise produced and/or exported 

by Hyundai Steel 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,11 we will instruct CBP to 

liquidate the appropriate entries 

without regard to countervailing 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: August 29, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–19042 Filed 9–1–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–044] 

1,1,1,2-Tetrafluoroethane (R–134a) 

From the People’s Republic of China: 

Final Results of Antidumping Duty 

Administrative Review and Final 

Determination of No Shipments; 2021– 

2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

1,1,1,2-Tetrafluoroethane (R–134a) from 

the People’s Republic of China (China) 

was sold in the United States at less 

than normal value during the period of 

review (POR), April 1, 2021, through 

March 31, 2022. In addition, Commerce 

determines that certain companies had 

no shipments during the POR or did not 

establish their eligibility for a separate 

rate. 

DATES: Applicable September 5, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Barton or David Lindgren, AD/ 

CVD Operations, Office III, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–0012 or (202) 482–1671, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 3, 2023, Commerce published 

the Preliminary Results of this review in 

the Federal Register and invited 

interested parties to comment on those 

results.1 For a summary of the events 

that occurred since the Preliminary 

Results, see the Issues and Decision 

Memorandum.2 Commerce conducted 

this administrative review in 

accordance with section 751(a)(1)(B) of 

the Tariff Act of 1930, as amended (the 

Act). 

Scope of the Order 3

The merchandise covered by the 

Order is R–134a from China. For a 

complete description of the scope, see 

the Issues and Decision Memorandum. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs are addressed in the 

Issues and Decision Memorandum. A 

list of the issues that parties raised and 

to which we responded in the Issues 

and Decision Memorandum is attached 

at Appendix to this notice. The Issues 

and Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 

version of the Issues and Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Final Determination of No Shipments 

In the Preliminary Results, we 

preliminarily found that T.T. 

International Co., Ltd. (TTI) had no 

shipments of subject merchandise 

during the POR. Following the 

publication of the Preliminary Results, 

we received no comments from 

interested parties regarding TTI, nor has 

any party submitted record evidence 

which would call our preliminary 

determination of no shipments into 

question. Therefore, for the final results, 

we continue to find that TTI had no 

shipments of subject merchandise 

during the POR. Accordingly, we will 

issue appropriate instructions that are 

consistent with our ‘‘automatic 

assessment’’ clarification for TTI.4

The China-Wide Entity 

Aside from the company for which we 

made a final no-shipment 

determination, Commerce considers all 

other companies for which a review was 

requested, and which did not 

demonstrate separate rate eligibility, to 

be part of the China-wide entity. 

Specifically, because Zhejiang Quhua 

Fluor-Chemistry Co., Ltd. (Zhejiang 

Quhua) did not establish its eligibility 

for a separate rate in this administrative 

review, we consider Zhejiang Quhua to 

be part of the China-wide entity. 

Because no party requested a review of 

the China-wide entity, and Commerce 

no longer considers the China-wide 

entity as an exporter conditionally 

subject to administrative reviews,5 we 

did not conduct a review of the Chinawide entity. Thus, the weighted-average 

dumping margin for the China-wide 

entity rate (i.e., 167.02 percent) is not 

subject to change.6

Final Results of Review 

Commerce determines that the 

following weighted-average dumping 

margin exists for the period April 1, 

2021, through March 31, 2022: 

Exporter 

Weighted-average 

dumping margin 

(percent) 

Zhejiang Sanmei Chemical Ind. Co., Ltd./Jiangsu Sanmei Chemical Ind. Co., Ltd./Fujian Qingliu Dongying Chemical Ind. Co. 

Ltd .............................................................................................................................................................................................. 147.08 


ddrumheller on DSK120RN23PROD with NOTICES1