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[Federal Register Volume 90, Number 22 (Tuesday, February 4, 2025)]
[Notices]
[Pages 8924-8925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02166]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]

Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
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 January 15, 2025, the U.S. Court of International Trade 
(CIT) issued its final judgment in Wheatland Tube v. United States, 
Court no. 22-00160, sustaining the U.S. Department of Commerce 
(Commerce)'s first remand results pertaining to the administrative 
review of the antidumping duty (AD) order on circular welded non-alloy 
steel pipe (CWP) from the Republic of Korea (Korea) covering the period 
November 1, 2019 through October 31, 2020. 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 Husteel Co., Ltd. (Husteel), Hyundai Steel Company (Hyundai), and 
the companies not selected for individual examination.

DATES: Applicable January 24, 2025.

FOR FURTHER INFORMATION CONTACT: Dusten Hom, AD/CVD Operations, Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-5075.

SUPPLEMENTARY INFORMATION:

Background

    On May 4, 2022, Commerce published its Final Results in the 2019-
2020 AD administrative review of CWP from Korea. Commerce granted a 
constructed export price (CEP) offset to both Hyundai and Husteel 
(collectively, the mandatory respondents). The calculated weighted-
average dumping margins for Hyundai and Husteel were 4.07 percent and 
1.97 percent, respectively. Furthermore, the review specific rate 
assigned to companies not selected for individual examination was 3.21 
percent.\1\
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    \1\ See Circular Welded Non-Alloy Steel Pipe from the Republic 
of Korea: Final Results of Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2019-2020, 87 FR 26343 (May 
4, 2022) (Final Results).
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    Wheatland Tube appealed Commerce's Final Results. On August 3, 
2023, the CIT remanded the Final Results to Commerce to: (1) provide 
the mandatory respondents with notice of deficiency in their respective 
submissions supporting their claims that home market sales during the 
period of review were at a more advanced level of trade (LOT) than the 
CEP level of trade; and (2) provide, to the extent practicable, an 
opportunity to remedy or explain the deficiencies identified in the 
Final Results.\2\ Commerce subsequently issued a supplemental 
questionnaire on remand to each of the mandatory respondents 
identifying deficiencies and requesting information regarding their 
respective LOT analyses. In its Final Redetermination, issued in 
November 2023, Commerce denied a CEP offset to both of the mandatory 
respondents and recalculated the weighted-average dumping margins for 
both Hyundai and Husteel without a CEP offset, and revised the review 
specific rate assigned to companies not selected for individual 
examination.\3\ The CIT sustained Commerce's Final Redetermination.\4\
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    \2\ See Wheatland Tube v. United States, 650 F. Supp. 3d 1379, 
1383 (CIT 2023).
    \3\ See Final Results of Redetermination Pursuant to Court 
Remand, Wheatland Tube v. United States, Court No. 22-00160, Slip 
Op. 23-112 (CIT June 9, 2023), dated November 1, 2023 (Final 
Redetermination).
    \4\ See Wheatland Tube v. United States, Court No. 22-00160, 
Slip Op. 25-5 (CIT January 15, 2025).
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Timken Notice

    In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\ 
the U.S. Court of Appeals for the Federal Circuit held that, pursuant 
to section 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 January 15, 
2025, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Results. Thus, this notice is published

[[Page 8925]]

in fulfillment of the publication requirements of Timken.
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    \5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \6\ 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 Husteel, Hyundai, and the companies 
not selected for individual examination as follows:
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    \7\ We note that the rates for Hyundai Steel Company and Husteel 
Co., Ltd. were in inadvertently switched in the Final 
Redetermination. The correct rates were listed in the Draft Results 
of Redetermination Pursuant to Court Remand, Wheatland Tube v. 
United States, et al. Court No. 22-00160, Slip Op. 23-112 (CIT June 
9, 2023) and remained unchanged in the Final Redetermination.
    \8\ See the appendix to this notice for an exhaustive list of 
all non-individually examined companies.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                                                               dumping
                     Producer/exporter                         margin
                                                              (percent)
                                                                 \7\
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Hyundai Steel Company.....................................          2.42
Husteel Co., Ltd..........................................          4.95
Non-Selected Companies \8\................................          3.91
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Cash Deposit Requirements

    Because Hyundai, Husteel, and each of the companies not selected 
for individual examination listed in the appendix all have a 
superseding cash deposit rate, i.e., there have been final results 
published in a subsequent administrative review,\9\ 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 rates for 
those exporters/producers.
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    \9\ See Circular Welded Non-Alloy Steel Pipe from the Republic 
of Korea: Final Results of Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2021-2022; Correction, 89 
FR 49842 (June 12, 2024).
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Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were produced and/or exported by: Husteel; 
Hyundai; Aju Besteel; Bookook Steel; Chang Won Bending; Dae Ryung; 
Daewoo Shipbuilding & Marine Engeineering (DSME); Daiduck Piping; Dong 
Yang Steel Pipe; Dongbu Steel (also known as Dongbu Steel Co., Ltd.); 
Eew Korea Company; Hyundai Rb; Kiduck Industries; Kum Kang Kind; Kumsoo 
Connecting; Miju Steel Mfg. (also known as Miju Steel Manufacturing); 
Nexteel Co., Ltd. (also known as Nexteel); Samkang M&T; Seah Fs; Seah 
Steel (also known as Seah Steel Corporation); Steel Flower; Vesta Co., 
Ltd.; and Ycp Co.; and were entered, or withdrawn from warehouse, for 
consumption during the period November 1, 2019 through October 31, 
2020. 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 antidumping duties on unliquidated entries of 
subject merchandise produced and/or exported by the companies listed 
above 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,\10\ we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
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    \10\ 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: January 24, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2025-02166 Filed 2-3-25; 8:45 am]
BILLING CODE 3510-DS-P
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