Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices 35069 

7See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

8See Notice of Discontinuation of Policy to Issue 

Liquidation Instructions After 15 Days in 

Applicable Antidumping and Countervailing Duty 

Administrative Proceedings, 86 FR 884 (Jan.15, 

2021). 

9See Ripe Olives from Spain: Antidumping Duty 

Order, 83 FR 37465 (August 1, 2018). 

without reference to antidumping 

duties. 

For entries of subject merchandise 

during the POR produced by each 

respondent for which it did not know 

that its merchandise was destined for 

the United States, we will instruct CBP 

to liquidate unreviewed entries at the 

all-others rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction.7

Consistent with its recent notice,8

Commerce intends to issue assessment 

instructions to CBP no earlier than 35 

days after the date of publication of the 

final results of this review in the 

Federal Register. If a timely summons is 

filed at the U.S. Court of International 

Trade, the assessment instructions will 

direct CBP not to liquidate relevant 

entries until the time for parties to file 

a request for a statutory injunction has 

expired (i.e., within 90 days of 

publication). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication in the Federal Register of 

this notice for all shipments of ripe 

olives entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication as provided by 

section 751(a)(2) of the Act: (1) The cash 

deposit rates for the companies subject 

to this review will be equal to the 

weighted-average dumping margin 

established in the final results of the 

review; (2) for merchandise exported by 

producers or exporters not covered in 

this review but covered in a prior 

completed segment of the proceeding, 

the cash deposit rate will continue to be 

the company-specific rate published in 

the completed segment for the most 

recent period; (3) if the exporter is not 

a firm covered in this review, a prior 

review, or the original investigation but 

the producer has been covered in a prior 

completed segment of this proceeding, 

then the cash deposit rate will be the 

rate established in the completed 

segment for the most recent period for 

the producer of the merchandise; (4) the 

cash deposit rate for all other producers 

or exporters will continue to be 19.98 

percent, the all-others rate established 

in the less-than-fair-value investigation 

for this proceeding.9 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f)(2) to file a 

certificate regarding the reimbursement 

of antidumping duties prior to 

liquidation of the relevant entries 

during this POR. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Notification Regarding Administrative 

Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of the return or destruction 

of APO materials, or conversion to 

judicial protective order, is hereby 

requested. Failure to comply with the 

regulations and terms of an APO is a 

violation subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing these 

results of administrative review in 

accordance with sections 751(a) and 

777(i) of the Act and 19 CFR 

351.221(b)(5). 

Dated: June 25, 2021. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Agro Sevilla 

Comment 1: Home-Market Database 

Comment 2: Constructed Export Price 

Offset 

Comment 3: Major-Input Rule Adjustment 

Angel Camacho 

Comment 4: Price Comparisons for a 

Certain Product Control Number Sold in 

the U.S. Market 

Comment 5: Cost Adjustment to Ending 

Inventory Value 

Comment 6: General and Administrative 

Expenses 

Comment 7: Certain Inland Freight 

Expenses 

Comment 8: Beginning Dates in Programs 

DCoop 

Comment 9: Whether Commerce Should 

Apply Adverse Facts Available to 

Dcoop’s Cost Database 

Comment 10: Application of Adverse Facts 

Available to Dcoop’s General and 

Administrative Expenses 

Comment 11: Early Payment and Quantity 

Discounts 

Comment 12: U.S. Freight and U.S. Indirect 

Selling Expenses 

Comment 13: Rescission of the 

Administrative Review of Dcoop 

VI. Recommendation 

[FR Doc. 2021–14060 Filed 6–30–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–880] 

Heavy Walled Rectangular Welded 

Carbon Steel Pipes and Tubes From 

the Republic of Korea: Notice of Court 

Decision Not in Harmony With the 

Final Results in the Antidumping Duty 

Administrative Review; Notice of 

Amended Final Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On June 24, 2021, the U.S. 

Court of International Trade (CIT) 

sustained the Department of 

Commerce’s (Commerce’s) remand 

results pertaining to the first 

administrative review of the 

antidumping duty order on heavy 

walled rectangular welded carbon steel 

pipes and tubes (HWR) from the 

Republic of Korea (Korea) covering the 

period of review (POR) of March 1, 

2016, through August 31, 2017. 

Commerce is notifying the public that 

the CIT’s final judgment in this case is 

not in harmony with Commerce’s final 

results in the first administrative review 

of HWR from Korea. Consistent with the 

CIT’s final judgment, Commerce is 

amending the weighted-average 

dumping margins calculated for Dong 

A-Steel Company (DOSCO) and Kukje 

Steel Co., Ltd. (Kukje Steel). 

DATES: Applicable July 4, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Alice Maldonado, AD/CVD Operations 

Office II, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4682. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 28, 2019, Commerce 

published its Final Results in the first 


khammond on DSKJM1Z7X2PROD with NOTICES
35070 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices 

1See Heavy Walled Rectangular Welded Carbon 

Steel Pipes and Tubes from the Republic of Korea: 

Final Results of Antidumping Duty Administrative 

Review and Final Determination of No Shipments; 

2016–2017, 84 FR 24471 (May 28, 2019) (Final 

Results). 

2 Id. at 24472. 

3See Dong-A Steel Company v. United States, 475 

F. Supp. 3d 1317 (CIT 2020) (Remand Order). 

4See Final Results of Redetermination Pursuant 

to Court Remand, Consol. Court No. 19–00104, 

dated December 21, 2020 (Final Remand Results) at 

1. 

5See Dong-A Steel Company v. United States, 

Slip Op. 21–79, Consol. Court No. 19–00104 (CIT 

2021) (DOSCO). 

6See Timken Co. v. United States, 893 F.2d 337, 

341 (Fed. Cir. 1990) (Timken). 

7See Diamond Sawblades Mfrs. Coal. v. United 

States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond 

Sawblades). 

8See sections 516A(c) and (e) of the Act. 

9See section 735(c)(5)(A) of the Act; see also 

Heavy Walled Rectangular Welded Carbon Steel 

Pipes and Tubes from the Republic of Korea: 

Preliminary Results of Antidumping Duty 

Administrative Review and Preliminary 

Determination of No Shipments; 2016–2017, 83 FR 

50892 (October 10, 2018), and accompanying 

Preliminary Decision Memorandum at 4 (explaining 

the method for determining the rate applied to 

companies not selected for individual examination), 

method unchanged in the Final Results; and 

Memorandum, ‘‘Calculation of the Review-Specific 

Average Rate for the Final Results of 

Redetermination,’’ dated December 21, 2020. 

10See 19 CFR 351.106(c)(2). 

11For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

administrative review of HWR from 

Korea.1 As reflected in the Final Results, 

Commerce calculated a weightedaverage dumping margin of 20.79 

percent for DOSCO and 12.81 percent 

Kukje Steel, one of the companies 

receiving the review-specific average 

rate.2

DOSCO and Kukje Steel appealed 

Commerce’s Final Results to the CIT. On 

September 29, 2020, the CIT remanded 

for Commerce to explain or reconsider 

its finding of a particular market 

situation (PMS) in the Korean market for 

the hot-rolled coil input and its 

application of a PMS adjustment to the 

respondents’ cost of production (COP).3

On December 22, 2020, Commerce 

issued the First Remand Results, in 

which, under protest, it determined that 

there is no PMS that distorts the COP of 

HWR and recalculated the weightedaverage dumping margin for DOSCO 

without the PMS adjustment to the COP 

for the sales-below-cost test.4 As a 

result, Commerce calculated a revised 

weighted-average dumping margin for 

DOSCO of 11.00 percent. Moreover, as 

a result of Commerce’s recalculation of 

the weighted-average dumping margin 

for DOSCO, Commerce revised the 

review-specific average rate applied to 

Kukje Steel to 7.89 percent. 

On June 24, 2021, the CIT sustained 

Commerce’s Final Remand Results.5

Timken Notice 

In its decision in Timken,6 as clarified 

by Diamond Sawblades,7 the 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 a court decision that is not ‘‘in 

harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision.8 The CIT’s 

June 24, 2021 judgment in this case 

constitutes a final decision of that court 

that is not in harmony with Commerce’s 

Final Results. This notice is published 

in fulfillment of the publication 

requirements of Timken. 

Amended Final Results 

Because there is now a final court 

decision, Commerce is amending its 

Final Results with respect to the 

weighted-average dumping margins for 

DOSCO and Kukje Steel.9 The revised 

weighted-average dumping margins are 

as follows: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

Dong A-Steel Company ........ 11.00 

Kukje Steel Co., Ltd ............. 7.89 

Cash Deposit Requirements 

Because DOSCO and Kukje Steel have 

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. 

Liquidation of Suspended Entries 

During the pendency of litigation, 

including any appeal, Commerce 

remains enjoined by Court order from 

liquidating entries: (1) Produced and/or 

exported by Dong-A Steel Company or 

Kukje Steel Co., Ltd.; (2) the subject of 

the Final Results; (3) entered, or were 

withdrawn from warehouse, for 

consumption on or after March 1, 2016, 

up to and including August 27, 2016, 

and on or after September 12, 2016, up 

to and including August 31, 2017; and 

(4) remain unliquidated as of the date 

the Court issued the applicable statutory 

injunction. These entries will remain 

enjoined pursuant to the terms of the 

injunction during the pendency of any 

appeals process. 

In the event that the CIT’s final 

judgment is not appealed or, if 

appealed, is upheld by a final and 

conclusive court decision, Commerce 

will instruct CBP to assess antidumping 

duties on unliquidated entries of subject 

merchandise produced and/or exported 

by DOSCO and Kukje Steel, in 

accordance with 19 CFR 351.212(b) and 

the Final Remand Results. We will 

instruct CBP to assess antidumping 

duties on all appropriate entries covered 

by this review when the importerspecific 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. 

Consistent with Commerce’s 

assessment practice, for entries of 

subject merchandise during the POR 

produced by DOSCO or Kukje Steel for 

which they did not know that the 

merchandise was destined for the 

United States, we will instruct CBP to 

liquidate unreviewed entries at the all 

others rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction.11

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: June 25, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2021–14048 Filed 6–30–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Five-Year (Sunset) 

Reviews 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In accordance with the Tariff 

Act of 1930, as amended (the Act), the 

Department of Commerce (Commerce) is 

automatically initiating the five-year 

reviews (Sunset Reviews) of the 

antidumping and countervailing duty 

(AD/CVD) order(s) and suspended 

investigation(s) listed below. The 

International Trade Commission (the 

ITC) is publishing concurrently with 

this notice its notice of Institution of 

Five-Year Reviews which covers the 

same order(s) and suspended 

investigation(s). 


khammond on DSKJM1Z7X2PROD with NOTICES