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Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices not in harmony with Commerces 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 4820410.
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
On December 20, 2019, the Court remanded aspects of the Final Results to Commerce for further consideration.4
The Court remanded Commerces 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 Commerces use of total AFA
pending Commerces redetermination on remand. 6 In its First Remand Redetermination, issued in March 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.
4 See Venus Wire Industries Pvt. Ltd. v. United States, Court No. 1800113, Slip Op. 19170
December 20, 2019 Venus Wire I.
5 Id., at 1521. 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. 19170 at 22.

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2020,7 Commerce provided the explanation sought by the Court.8
On August 14, 2020, the Court sustained Commerces use of the NWR
Test but the Court determined that Commerces 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 Courts 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
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 516Ac 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 Courts January 28, 2021, judgment constitutes a final decision of that court that is not in harmony with Commerces 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.
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 7 See Venus Wire Industries Pvt. Ltd. v. United States, Court No. 1800113, Slip Op. 19170, Results of Redetermination Pursuant to Court Remand, dated March 31, 2020 First Remand Redetermination.
8 Id. at 44.
9 See Venus Wire Industries Pvt. Ltd. v. United States, Court No. 1800113, Slip Op. 20118
August 14, 2020.
10 See Venus Wire Industries Pvt. Ltd. v. United States, Court No. 1800113, Slip Op. 20118, 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. 1800113, Slip Op. 219 January 28, 2021.
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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Venus for the period July 1, 2015
through June 30, 2016 is as follows: 14

Exporter or producer
Weightedaverage dumping margin percent
Venus

0.64

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
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.
Notification to Interested Parties This notice is issued and published in accordance with sections 516Ae1, 751b, and 777i1 of the Act.
Dated: February 3, 2021.
James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
FR Doc. 202102725 Filed 2921; 8:45 am BILLING CODE 3510DSP

DEPARTMENT OF COMMERCE
International Trade Administration A583869

Passenger Vehicle and Light Truck Tires From Taiwan: Amended Preliminary Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: On January 6, 2021, the Department of Commerce Commerce published its preliminary determination in the less-than-fair-value investigation of passenger vehicle and light truck PVLT tires from Taiwan in the Federal Register. Commerce is amending this preliminary determination to correct a significant ministerial error.
DATES: Applicable February 10, 2021.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang or Lauren Caserta, AD/
CVD Operations, Enforcement and Compliance, International Trade AGENCY:

14 See
Second Remand Redetermination at 10.
at 15.
16 See, e.g., Stainless Steel Bar from India: Final Results of Antidumping Duty Administrative Review; 20182019, 85 FR 74985 November 24, 2020.
15 Id.

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