Commerce is not bound by its prior determinations. Hyundai Elec. & Energy Sys. Co. v. United States, 15 F.4th 1078, 1089 (Fed. Cir. 2021) ("We have rejected the notion that Commerce is forever bound by its past practices. Instead, each administrative review is a separate exercise of Commerce's authority that allows for different conclusions based on different facts in the record."
There have been third, fourth, and fifth administrative reviews, and appeals of the third and fifth administrative reviews previously reached the Federal Circuit. The subject matter of those appeals is unrelated to the issue now before us. SeeHyundai Heavy Indus. Co., Ltd. v. United States , 819 Fed. Appx. 937 (Fed Cir. 2020) (third review); Hyundai Elec. & Energy Sys. Co., Ltd. v. United States , 15 F.4th 1078 (Fed. Cir. 2021) (fifth review). This appeal of the second review concerns the application of 19 U.S.C. ยง 1677m(d), which requires Commerce to notify and permit a party to remedy or explain any deficiency in information provided during an investigation.