[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Notices]
[Pages 14960-14961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7445]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-807]


Certain Hot-Rolled Carbon Steel Flat Products From the 
Netherlands: Notice of Court Decision Not in Harmony With Final Results 
of Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: April 2, 2009

FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0408 or (202) 482-0649, respectively.
SUMMARY: On March 24, 2009, the United States Court of International 
Trade (the Court) sustained the remand redetermination issued by the 
Department of Commerce (the Department) pursuant to the Court's remand 
order in the final results of the administrative review of the 
antidumping duty order on certain hot-rolled carbon steel flat products 
from the Netherlands. See Corus Staal v. US, Court No. 07-221, Slip Op 
09-21 CIT (March 24, 2009) (Corus Staal Judgment).
    This case arises out of the Department's Final Results and Amended 
Final Results for the period of review (POR) period November 1, 2004, 
through October 31, 2005. See Certain Hot-Rolled Carbon Steel Flat 
Products from the Netherlands; Final Results of Antidumping Duty 
Administrative Review, 72 FR 28676 (May 22, 2007), and Accompanying 
Issues and Decision Memorandum at Comment 6 (Final Results); see also 
Certain Hot-Rolled Carbon Steel Flat Products from the Netherlands; 
Amended Final Results of the Antidumping Duty Administrative Review, 72 
FR 34441 (June 22, 2007) (Amended Results). Consistent with the 
decision of the United States Court of Appeals for the Federal Circuit 
(Federal Circuit) in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (Timken), the Department is notifying the public that Corus 
Staal Judgment is not in harmony with the Department's Final Results 
and the Amended Final Results.

SUPPLEMENTARY INFORMATION:  Pursuant to the remand order of the Court 
in Corus Staal BV v. United States, Slip Op. 08-144 (CIT, December 29, 
2008) (Corus Staal), the Department released the Draft Results of 
Redetermination

[[Page 14961]]

Pursuant to Court Remand to interested parties on January 16, 2009. 
Corus and ArcelorMittal USA. Inc. (ArcelorMittal), domestic interested 
party, submitted comments on January 23, 2009. Corus and domestic 
producer U.S. Steel Corporation (U.S. Steel) submitted rebuttal 
comments on January 28, 2009.
    On February 20, 2009, the Department filed its final results of 
redetermination pursuant to Corus Staal with the CIT. See Final Results 
of Redetermination Pursuant to Court Remand, Corus Staal BV v. United 
States Court No. 07-00221, Slip Op. 08-144 (CIT December 29, 2008) 
(Final Redetermination). In the Final Redetermination, the Department 
amended the final results of the 2004-2005 administrative review to 
rescind our duty absorption finding with respect to Corus Staal BV 
(Corus), ``consistent with the Federal Circuit's interpretation of 19 
U.S.C. 1675(a)(4) in Agro Dutch Indus. Ltd. v. United States, 508 F.3d 
1024, 1028 (Fed. Cir. 2007) (Agro Dutch).'' See Corus Staal at 26. 
Specifically, we no longer found that Corus absorbed antidumping duties 
during the period of review since Corus was, itself, the importer of 
record. This redetermination did not affect either the weighted-average 
margin or assessment rate calculated for Corus for the relevant period 
of review.
    On March 24, 2009, the Court sustained all aspects of the remand 
redetermination. The Court reaffirmed the Department's calculation of 
Corus Staal's dumping margin during the administrative review and 
affirmed the Department's reversal of its duty absorption finding. 
Further, the Court also affirmed the Department's authority to issue 
instructions to U.S. Customs and Border Protection (CBP) to levy 
antidumping duties on entries.
    In Timken, 893 F.2d at 341, the Federal Circuit held that, pursuant 
to section 516A(e) 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 Court's 
decision in Corus Staal Judgment on March 24, 2009, constitutes a final 
decision of the court that is not in harmony with the Department's 
Final Results and Amended Final Results. 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 the expiration of the period of appeal or, if 
appealed, pending a final and conclusive court decision. In the event 
the Court's ruling is not appealed or, if appealed, upheld by the 
Federal Circuit the Department will instruct CBP to assess antidumping 
duties on entries of the subject merchandise during the POR based on 
the Amended Final Results.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: March 27, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-7445 Filed 4-1-09; 8:45 am]
BILLING CODE 3510-DS-P