Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Notices 28807 

1See Petitioner’s Letter, ‘‘Petition (Vol. I–IV) for 

the Imposition of Antidumping Duties on Imports 

of Emulsion Styrene-Butadiene Rubber from Czech 

Republic, Italy, and Russia,’’ dated November 12, 

2021 (Petition). 

2See Emulsion Styrene-Butadiene Rubber from 

the Czech Republic, Italy, and the Russian 

Federation: Initiation of Less-Than-Fair-Value 

Investigations, 86 FR 70447 (December 10, 2021). 

3See Emulsion Styrene-Butadiene Rubber from 

Italy: Preliminary Affirmative Determination of 

Sales at Less Than Fair Value, 87 FR 25447 (April 

29, 2022) (Preliminary Determination), and 

accompanying Preliminary Decision Memorandum. 

4See Petitioner’s Letter, ‘‘Emulsion StyreneButadiene Rubber from Italy: Petitioner’s 

Withdrawal of Antidumping Duty Petition Alleging 

Sales of ESBR from Italy at LTFV (Vol. III),’’ dated 

May 2, 2022. 

1See Steel Concrete Reinforcing Bar from Taiwan: 

Final Results of Antidumping Duty Administrative 

Review; 2017–2018, 85 FR 63505 (October 8, 2020) 

(Final Results). 

2 Id. 

3 Id. 

4See Power Steel Co., Ltd. v. United States, Court 

No. 20–03771, Slip. Op. 21–173 (CIT December 23, 

2021). 

5 Id. at 6–7. 

Critical Circumstances 

VIII. Currency Conversion 

IX. Adjustments to Cash Deposit Rates for 

Export Subsidies in Companion CVD 

Investigation 

X. Recommendation 

[FR Doc. 2022–10051 Filed 5–10–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–844] 

Emulsion Styrene-Butadiene Rubber 

From Italy: Termination of Less-ThanFair-Value Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on a withdrawal of the 

antidumping duty petition on emulsion 

styrene-butadiene rubber (ESBR) from 

Italy by Lion Elastomers LLC (the 

petitioner), we are terminating this lessthan-fair-value (LTFV) investigation. 

DATES: Applicable May 11, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Zachary Le Vene, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–0056. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 12, 2021, Commerce 

received a petition concerning imports 

of ESBR from Italy, filed in proper form 

by the petitioner.1 Commerce published 

the notice of initiation of this 

investigation on December 10, 2021.2

On April 29, 2022, Commerce published 

its preliminary determination in the 

LTFV investigation of ESBR from Italy.3

On May 2, 2022, the petitioner 

submitted a letter withdrawing the 

Petition with respect to Italy.4

Section 351.207(b)(1) of Commerce’s 

regulations stipulates that the Secretary 

may terminate an investigation, 

provided it has concluded that 

termination of the investigation is in the 

public interest. Because the petitioner 

has withdrawn its Petition with respect 

to Italy, Commerce has concluded that 

termination is in the public interest, 

pursuant to 19 CFR 351.207(b)(1). 

Accordingly, pursuant to section 

734(a)(1)(A) of the Tariff Act of 1930, as 

amended (the Act), 19 CFR 

351.207(b)(1), and based on the 

petitioner’s letter withdrawing the 

Petition, we are terminating this LTFV 

investigation. 

Termination of the Investigation 

In accordance with section 

734(a)(1)(A) of the Act and 19 CFR 

351.207(b)(1), upon the petitioner’s 

withdrawal of the Petition, we are 

terminating the LTFV investigation of 

ESBR from Italy. 

Suspension of Liquidation 

In the Preliminary Determination, 

Commerce determined weightedaverage dumping margins for exporters 

of ESBR from Italy that were above de 

minimis. Because Commerce is 

terminating this LTFV investigation, we 

will instruct U.S. Customs and Border 

Protection to terminate suspension of 

liquidation and refund any cash 

deposits of estimated antidumping 

duties for entries of ESBR form Italy. 

Dated: May 5, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2022–10121 Filed 5–10–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–583–859] 

Steel Concrete Reinforcing Bar From 

Taiwan: Notice of Court Decision Not 

in Harmony With the Results of 

Antidumping Duty Administrative 

Review; Notice of Amended Final 

Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On April 28, 2022, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Power Steel 

Co., Ltd. v. United States, Court no. 20– 

03771, sustaining the Department of 

Commerce (Commerce)’s first remand 

results pertaining to the administrative 

review of the antidumping duty (AD) 

order on steel concrete reinforced bar 

(rebar) from Taiwan covering the period 

March 7, 2017, through September 30, 

2018. 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 Power Steel Co., Ltd. (Power 

Steel). 

DATES: Applicable May 8, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Jacob Saude, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–0981. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 8, 2020, Commerce 

published its final results in the 2017– 

2018 AD administrative review of rebar 

from Taiwan.1 In the Final Results, 

Commerce deducted section 232 duties 

from export price for all of Power Steel’s 

transactions because Commerce found 

that the documents Power Steel 

submitted did not support its claim that 

section 232 duties were not included in 

U.S. price for certain transactions.2

Commerce calculated a weightedaverage dumping margin of 3.27 

percent.3

Power Steel appealed Commerce’s 

Final Results. On December 23, 2021, 

the CIT sustained, in part, and 

remanded, in part, aspects of the Final 

Results.4 The CIT sustained Commerce’s 

interpretation that section 232 duties are 

‘‘United States import duties’’ that are 

deducted from export price under 

section 772(c)(2)(A) of the Tariff Act of 

1930, as amended (the Act). The CIT 

remanded Commerce’s determination 

that Power Steel paid section 232 duties 

for all its U.S. sales.5 The CIT found the 

evidence Power Steel submitted during 

the administrative review ‘‘appears to be 

ambiguous if considered in a vacuum’’ 

and further found that certain 

information Power Steel submitted to 

the CIT, some of which was not 

previously on Commerce’s record, ‘‘may 

show that Power Steel did not pay the 


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28808 Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Notices 

6 Id. at 10–11. 

7See Final Results of Remand Redetermination, 

Power Steel Co., Ltd. v. United States, Court No. 20– 

03771, Slip. Op. 21–173, dated April 8, 2022, (Final 

Results of Remand Redetermination). 

8See Power Steel Co., Ltd. v. United States, Court 

No. 20–3771, Slip. Op. 22–39 (CIT April 28, 2022). 

9See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

10See Diamond Sawblades Manufacturers 

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

2010) (Diamond Sawblades). 

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

12 Id. 

1See Oil Country Tubular Goods from Argentina, 

Mexico, and the Russian Federation: Initiation of 

Less-Than-Fair-Value Investigations, 86 FR 60205 

(November 1, 2021) (Initiation Notice). 

2See Oil Country Tubular Goods from Argentina, 

Mexico, and the Russian Federation: Postponement 

of Preliminary Determinations in the Less-ThanFair-Value Investigations, 87 FR 9034 (February 17, 

2022). 

3See Memorandum, ‘‘Oil Country Tubular Goods 

from Mexico: Decision Memorandum for 

Preliminary Affirmative Determinations of Sales at 

Less Than Fair Value and Critical Circumstances,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Preliminary Decision Memorandum). 

{s}ection 232 duties for the disputed 

transactions and that therefore they 

were not part of the sales price used to 

establish base {export price}.’’ 6

In its final remand redetermination, 

issued on April 8, 2022, Commerce 

found that the record supported Power 

Steel’s claim that it did not pay section 

232 duties on two of its U.S. sales, and 

thus, that section 232 duties were not 

included in the gross unit price that was 

used as the basis for export price. 

Commerce recalculated the weightedaverage dumping margin for Power 

Steel, which changed from 3.27 percent 

in the Final Results to 0.01 percent.7

Thus, Commerce found that Power Steel 

did not make sales at less than normal 

value during the period of review. The 

CIT sustained Commerce’s final 

redetermination.8

Timken Notice 

In its decision in Timken,9 as clarified 

by Diamond Sawblades,10 the Court of 

Appeals for the Federal Circuit held 

that, pursuant to sections 516A(c) and 

(e) of 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 

April 28, 2022, 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 Power 

Steel as follows: 

Company Final results 

(percent) 

Final results of remand 

redetermination 

(percent) 

Power Steel Co., Ltd ............................................................................................................... 3.27 * 0.01 

* (de minimis). 

Cash Deposit Requirements 

Commerce will issue revised cash 

deposit instructions to U.S. Customs 

and Border Protection (CBP). 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that: Were produced and/or 

exported by Power Steel, and were 

entered, or withdrawn from warehouse, 

for consumption during the period 

March 7, 2017, through September 30, 

2018, excluding the period September 3, 

2017, through September 14, 2017. 

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 Power Steel 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.11 Where an import-specific 

ad valorem assessment rate is zero or de 

minimis,12 we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping 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: May 5, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2022–10077 Filed 5–10–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–856] 

Oil Country Tubular Goods From 

Mexico: Preliminary Affirmative 

Determinations of Sales at Less Than 

Fair Value and Critical Circumstances, 

Postponement of Final Determination, 

and Extension of Provisional Measures 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that oil country tubular goods (OCTG) 

from Mexico are being, or are likely to 

be, sold in the United States at less than 

fair value (LTFV). The period of 

investigation (POI) is October 1, 2020, 

through September 30, 2021. Interested 

parties are invited to comment on this 

preliminary determination. 

DATES: Applicable May 11, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bradshaw or Yang Jin Chun, AD/ 

CVD Operations, Office VI, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–3896 or (202) 482–5760, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this LTFV 

investigation on November 1, 2021.1 On 

February 17, 2022, Commerce 

postponed the preliminary 

determination of this investigation until 

May 4, 2022.2 For a complete 

description of the events that followed 

the initiation of this investigation, see 

the Preliminary Decision 

Memorandum.3 A list of sections in the 

Preliminary Decision Memorandum is 


jspears on DSK121TN23PROD with NOTICES1