Stainless Steel Bar From India: Notice of Court Decision Not in Harmony With Final Results of Changed Circumstances Review of the Antidumping Duty Order and Notice of Amended Final Results of Review
| Published date | 10 February 2021 |
| Record Number | 2021-02725 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 86 Issue 26 (Wednesday, February 10, 2021)
[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Notices]
[Pages 8884-8885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02725]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A 533-810]
Stainless Steel Bar From India: Notice of Court Decision Not in
Harmony With Final Results of Changed Circumstances Review of the
Antidumping Duty Order and Notice of Amended Final Results of Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 28, 2021, the U.S. Court of International Trade
(the Court) entered final judgment sustaining the final results of
remand redetermination pursuant to court order by the U.S. Department
of Commerce (Commerce) pertaining to the changed circumstances review
of the antidumping duty (AD) order on stainless steel bar (SSB) from
India. Commerce is notifying the public that the final judgment in this
case is
[[Page 8885]]
not in harmony with Commerce's final results in the changed
circumstances review of SSB from India, and that Commerce is amending
the final results.
DATES: Applicable February 7, 2021.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
On April 20, 2018, Commerce published its final results of the
changed circumstances review of SSB from India.\1\ In the Final
Results, we determined that Venus Wire Industries Pvt. Ltd. and its
affiliates Precision Metals, Sieves Manufacturers (India) Pvt. Ltd.,
and Hindustan Inox Ltd. (collectively, Venus) is not the manufacturer
of the stainless steel bar (SSB) that it purchased from unaffiliated
suppliers and processed in India prior to exportation to the United
States.\2\ Because most of the unaffiliated suppliers did not provide
their costs, we applied total adverse facts available (AFA) with
respect to Venus.\3\
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\1\ See Stainless Steel Bar from India: Final Results of Changed
Circumstances Review and Reinstatement of Certain Companies in the
Antidumping Duty Order, 83 FR 17529 (April 20, 2018) (Final
Results), and accompanying Issues and Decision Memorandum (IDM).
\2\ See Final Results IDM at Comment 1.
\3\ Id.
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On December 20, 2019, the Court remanded aspects of the Final
Results to Commerce for further consideration.\4\ The Court remanded
Commerce's determination in order to explain or reconsider its use of
the NWR Test over the substantial transformation test.\5\ In this
decision, the Court deferred consideration of Venus' arguments
regarding ``Commerce's use of total AFA pending Commerce's
redetermination on remand.'' \6\ In its First Remand Redetermination,
issued in March 2020,\7\ Commerce provided the explanation sought by
the Court.\8\
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\4\ See Venus Wire Industries Pvt. Ltd. v. United States, Court
No. 18-00113, Slip Op. 19-170 (December 20, 2019) (Venus Wire I).
\5\ Id., at 15-21. The ``NWR Test'' refers to the analysis we
used to determine whether a respondent was the producer of subject
merchandise in Notice of Final Determination of Sales at Less Than
Fair Value: Narrow Woven Ribbons with Woven Selvedge from Taiwan, 75
FR 41804 (July 19, 2010), and accompanying IDM at Comment 20.
\6\ See Venus Wire I, Slip. Op. 19-170 at 22.
\7\ See Venus Wire Industries Pvt. Ltd. v. United States, Court
No. 18-00113, Slip Op. 19-170, ``Results of Redetermination Pursuant
to Court Remand,'' dated March 31, 2020 (First Remand
Redetermination).
\8\ Id. at 44.
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On August 14, 2020, the Court sustained Commerce's use of the NWR
Test but the Court determined that Commerce's use of AFA with respect
to Venus to be unsupported by substantial evidence and remanded the
Final Results a second time.\9\ In its second remand redetermination,
issued in November 2020, Commerce explained that, although it continues
to believe that the use of AFA is appropriate for Venus, it was
complying with the Court's opinion by calculating a margin for Venus
without the use of AFA under respectful protest.\10\ The Court
sustained the Second Remand Redetermination in full.\11\
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\9\ See Venus Wire Industries Pvt. Ltd. v. United States, Court
No. 18-00113, Slip Op. 20-118 (August 14, 2020).
\10\ See Venus Wire Industries Pvt. Ltd. v. United States, Court
No. 18-00113, Slip Op. 20-118, ``Results of Redetermination Pursuant
to Court Remand,'' dated November 9, 2020 (Second Remand
Redetermination).
\11\ See Venus Wire Industries Pvt. Ltd. v. United States, Court
No. 18-00113, Slip Op. 21-9 (January 28, 2021).
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Timken Notice
In its decision in Timken,\12\ as clarified by Diamond
Sawblades,\13\ the Court of Appeals for the Federal Circuit held that,
pursuant to section 516A(c) 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 Court's January
28, 2021, judgment 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. Accordingly,
Commerce will continue suspension of liquidation of subject merchandise
pending expiration of the period of appeal or, if appealed, pending a
final and conclusive court decision.
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\12\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\13\ See Diamond Sawblades Mfrs. 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 decision, Commerce is amending
the Final Results with respect to Venus. The revised antidumping duty
margin for Venus for the period July 1, 2015 through June 30, 2016 is
as follows: \14\
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\14\ See Second Remand Redetermination at 10.
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Venus..................................................... 0.64
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Because the revised antidumping duty margin for Venus remains above
de minimis, Venus will remain reinstated in the AD order on SSB from
India.\15\
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\15\ Id. at 15.
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Amended Cash Deposit Rates
Because Venus has been subject to a subsequent administrative
review which established a revised cash deposit rate for Venus,\16\
Commerce will not issue revised cash deposit instructions to U.S.
Customs and Border Protection.
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\16\ See, e.g., Stainless Steel Bar from India: Final Results of
Antidumping Duty Administrative Review; 2018-2019, 85 FR 74985
(November 24, 2020).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(e)(1), 751(b), and 777(i)(1) of the Act.
Dated: February 3, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-02725 Filed 2-9-21; 8:45 am]
BILLING CODE 3510-DS-P
