Welded Line Pipe From the Republic of Korea: Amended Final Determination of Sales at Less Than Fair Value, 69637-69638 [2015-28667]

Download as PDF Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–72–2015] asabaliauskas on DSK5VPTVN1PROD with NOTICES Foreign-Trade Zone (FTZ) 57— Charlotte, North Carolina, Notification of Proposed Production Activity, DNP Imagingcomm America Corporation, Subzone 57C, (Dye Sublimation Transfer Ribbon (STR) and STR Photo Printer Packages), Concord, North Carolina The Charlotte Regional Partnership, Inc., grantee of FTZ 57, submitted a notification of proposed production activity to the FTZ Board on behalf of DNP Imagingcomm America Corporation (DNP), operator of Subzone 57C, located in Concord, North Carolina. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on October 27, 2015. DNP already has authority to slit foreign jumbo rolls of thermal transfer ribbons (TTR) and STR and to assemble STR photo printer components (including photo printer packages— printer cartridges and paper) within Subzone 57C. The current request would add certain foreign-status materials and components to the scope of authority. DNP’s new activity would involve manufacturing ink and coating polyethylene terephalate (PET) film to produce finished STR jumbo rolls. The finished STR jumbo rolls would then be slit and combined with other components to make photo cartridges that will be assembled with foreign photo paper to make photo printer packages. Pursuant to 15 CFR 400.14(b), additional FTZ authority would be limited to the specific foreign-status materials/components described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt DNP from customs duty payments on the foreign-status materials/components used in export production. On its domestic sales, DNP would be able to choose the duty rate during customs entry procedures that applies to the photo printer packages (duty-free) for the foreign-status materials/components noted below and in the existing scope of authority. Customs duties also could possibly be deferred or reduced on foreign-status production equipment. The materials/components sourced from abroad include: Talc hydrated magnesium silica; silicone dioxide; polyisocyanate prepolymer; dihydroxy bis ammonium lactate-titanium (IV) 2 VerDate Sep<11>2014 19:41 Nov 09, 2015 Jkt 238001 propanal water; zinc stearyl phosphate; isocyanate resin; 2-H benzotriazol-2YL 4.6-bis 1 methyl 1 phenylethyl phenol; substituted heterocyclic compound; paraffin and hydrocarbon waxes; ethylcarbamate derivative; indophenol derivative; solvent dye (blue, violet, yellow, red); pyrazolone derivative; 2.2(1.2-ethenediyldi-4.1-phenylene) bisbenzoxazole; acrylic copolymer solution; epoxypropoxy propyl; black dye; hydros colloidal alumina; polyaniline-sulfonic acid; vinyl acetal polymers; acrylic resin for coating; polyvinyl butyral; polyester resin; acrylate resin; ethylene glycol monobutyl ether; copolyester; synthetic resin; polyurethane resin; methyl silsesquioxane; plastic tape/labels/film/ cores/flanges/spindles/caps; empty cartridges; smart cards (radio frequency identification devices); 4.5 micron polyethylene terephalate film; and photo paper (duty rates range from free to 6.5%). The request indicates that any foreign-status inputs (including PET film) subject to an antidumping/ countervailing duty (AD/CVD) order will be admitted to the zone in domestic (duty-paid) status (19 CFR Sec. 146.43). Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is December 21, 2015. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. FOR FURTHER INFORMATION CONTACT: Diane Finver at Diane.Finver@trade.gov or (202) 482–1367. Dated: November 4, 2015. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2015–28646 Filed 11–9–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–876] Welded Line Pipe From the Republic of Korea: Amended Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 69637 The Department of Commerce (the Department) is amending the final determination in the less-than-fair-value investigation of welded line pipe from the Republic of Korea (Korea) to correct a ministerial error. The period of investigation is October 1, 2013, through September 30, 2014. SUMMARY: DATES: Effective Date: November 10, 2015. FOR FURTHER INFORMATION CONTACT: David Goldberger or Ross Belliveau, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4136 or (202) 482–4952, respectively. SUPPLEMENTARY INFORMATION: Background On October 13, 2015, the Department published the final determination in the less-than-fair-value investigation of welded line pipe from Korea.1 Also on October 13, 2015, the Department received a timely allegation from Hyundai Steel Company 2 (HYSCO) that the Department made ministerial errors in applying the conversion cost adjustment, the toll processing cost adjustment, and the revisions to the date of sale for HYSCO.3 On October 14, 2015, the Department received a timely allegation from the petitioners 4 that the Department made a ministerial error in the application of the general and administrative (G&A) and the financial expense ratios for HYSCO.5 On October 15, 2015, the Department received comments from Maverick Tube Corporation (Maverick) on HYSCO’s ministerial error allegation.6 On October 19, 2015, the Department received 1 See Welded Line Pipe From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 80 FR 61366 (October 13, 2015) (Final Determination). 2 On July 1, 2015 Hyundai HYSCO merged into Hyundai Steel Company. 3 See Letter from HYSCO, ‘‘Welded Line Pipe from Korea: Ministerial Error Allegation,’’ dated October 13, 2015 (HYSCO Ministerial Error Allegation). 4 The petitioners include American Cast Iron Pipe Company; Energex Tube, a division of JMC Steel Group; Northwest Pipe Company; Stupp Corporation, a division of Stupp Bros., Inc.; TexTube Company; TMK IPSCO; and Welspun Tubular LLC USA (collectively, the petitioners). 5 See Letter from the petitioners, ‘‘Line Pipe from Korea: Ministerial Error Allegation’’ dated October 14, 2015. 6 See Letter from Maverick, ‘‘Welded Line Pipe from South Korea: Response to HYSCO’s Ministerial Error Allegations’’ October 15, 2015. E:\FR\FM\10NON1.SGM 10NON1 69638 Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices comments from HYSCO on the petitioners’ ministerial error allegation.7 Based on our analysis of the allegations submitted by HYSCO and the petitioners, we determined that, with respect to the conversion cost adjustment and the toll processing cost adjustment, we did not make ministerial errors, as defined by section 735(e) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.224(f).8 However, we determined that we did make ministerial errors within the meaning of section 735(e) of the Act and 19 CFR 351.224(f) with respect to the revisions to date of sale and the application of the G&A and financial expense ratios.9 We revised the margin calculation for HYSCO accordingly, and assigned a new All Others rate, as discussed below.10 Scope of the Investigation The scope of the investigation appears in Appendix I of the Final Determination. asabaliauskas on DSK5VPTVN1PROD with NOTICES Ministerial Error Section 735(e) of the Act, and 19 CFR 351.224(f) define a ‘‘ministerial error’’ as an error ‘‘in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any similar type of unintentional error which the Secretary considers ministerial.’’ We analyzed the ministerial error allegations and determined, in accordance with section 735(e) of the Act and 19 CFR 351.224(e), that we made ministerial errors with respect to the revisions to date of sale and the application of the G&A and financial expense ratios. In implementing the date of sale methodology to use the earlier of invoice date or shipment date, we inadvertently failed to update HYSCO’s reported date of sale variable to account for invoice and shipment date revisions. Therefore, we corrected this error. In addition, we revised HYSCO’s calculation of the G&A and financial expense ratios cost of goods sold denominator to reflect the major input rule and transactions disregarded rule adjustments, in order to keep the calculation of the ratios on the same basis as the cost of manufacturing to 7 See Letter from HYSCO, ‘‘Welded Line Pipe from Korea: Response to Petitioners’ Ministerial Error Allegation,’’ dated October 19, 2015. 8 See Memorandum entitled ‘‘Allegations of Ministerial Errors in the Final Determination,’’ dated concurrently with this determination and hereby adopted by this notice. 9 Id. 10 Id. VerDate Sep<11>2014 19:41 Nov 09, 2015 Jkt 238001 which they are applied.11 Therefore, we are amending the final determination with respect to HYSCO, in accordance with section 735(e) of the Act and 19 CFR 351.224(e).12 Amended Final Determination As a result of correcting these ministerial errors, we determine that the following weighted-average margins exist for the period October 1, 2013, through September 30, 2014: Manufacturer/exporter Hyundai HYSCO ................... SeAH Steel Corporation ....... All Others .............................. Weightedaverage dumping margin (percent) 6.23 2.53 4.38 Continuation of Suspension of Liquidation The following cash deposit requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of this amended final determination, as provided by section 735(c)(1)(B) of the Act: (1) The cash deposit rate for HYSCO will be the rate we determined in this amended final determination (i.e., 6.23 percent); (2) the cash deposit rate for SeAH will continue to be that identified in the Final Determination (i.e., 2.53 percent); (3) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; and (4) the rate for all other producers or exporters will be 4.38 percent, as indicated above. These suspension of liquidation instructions will remain in effect until further notice. reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that such injury exists, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. This amended final determination notice is published in accordance with section 735(e) of the Act and 19 CFR 351.224(e). Dated: November 4, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–28667 Filed 11–9–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–984] Drawn Stainless Steel Sinks From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review and Rescission in Part; 2012–2013 U.S. International Trade Commission In accordance with section 735(d) of the Act, we notified the U.S. International Trade Commission (ITC) of the Final Determination and our amended final determination. As the Final Determination was affirmative, in accordance with section 735(b)(3) of the Act, the ITC will determine within 45 days of the Final Determination whether the domestic industry in the United States is materially injured, or threatened with material injury, by Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has conducted an administrative review of the countervailing duty (CVD) order on drawn stainless steel sinks (sinks) from the People’s Republic of China (PRC). The period of review (POR) is August 6, 2012, through December 31, 2013. On May 7, 2015, we published the preliminary results of this administrative review.1 We invited interested parties to comment on the Preliminary Results. After reviewing the comments received, we have made no changes to the Preliminary Results. As such, we continue to find that Guangdong Dongyuan Kitchenware Industrial Co., Ltd. (Dongyuan) received countervailable subsidies during the POR. We also find that Shunde Native Produce Import and Export Co., Ltd. of Guangdong (Native Produce) did not 11 We note that the correction of this error did not change HYSCO’s G&A and financial expense ratios from those in the Final Determination. 12 The weighted-average dumping margin for SeAH Steel Corporation (SeAH) in the Final Determination has not changed. It remains at 2.53 percent. 1 See Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission in Part, and Intent to Rescind the Review in Part; 2012±2013, 80 FR 26226 (May 7, 2015) (Preliminary Results) and accompanying Preliminary Decision Memorandum. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\10NON1.SGM 10NON1

Agencies

[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69637-69638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28667]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-876]


Welded Line Pipe From the Republic of Korea: Amended Final 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is amending the 
final determination in the less-than-fair-value investigation of welded 
line pipe from the Republic of Korea (Korea) to correct a ministerial 
error. The period of investigation is October 1, 2013, through 
September 30, 2014.

DATES: Effective Date: November 10, 2015.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Ross Belliveau, 
AD/CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4136 or (202) 482-4952, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 13, 2015, the Department published the final 
determination in the less-than-fair-value investigation of welded line 
pipe from Korea.\1\ Also on October 13, 2015, the Department received a 
timely allegation from Hyundai Steel Company \2\ (HYSCO) that the 
Department made ministerial errors in applying the conversion cost 
adjustment, the toll processing cost adjustment, and the revisions to 
the date of sale for HYSCO.\3\ On October 14, 2015, the Department 
received a timely allegation from the petitioners \4\ that the 
Department made a ministerial error in the application of the general 
and administrative (G&A) and the financial expense ratios for HYSCO.\5\ 
On October 15, 2015, the Department received comments from Maverick 
Tube Corporation (Maverick) on HYSCO's ministerial error allegation.\6\ 
On October 19, 2015, the Department received

[[Page 69638]]

comments from HYSCO on the petitioners' ministerial error 
allegation.\7\
---------------------------------------------------------------------------

    \1\ See Welded Line Pipe From the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value, 80 FR 61366 (October 
13, 2015) (Final Determination).
    \2\ On July 1, 2015 Hyundai HYSCO merged into Hyundai Steel 
Company.
    \3\ See Letter from HYSCO, ``Welded Line Pipe from Korea: 
Ministerial Error Allegation,'' dated October 13, 2015 (HYSCO 
Ministerial Error Allegation).
    \4\ The petitioners include American Cast Iron Pipe Company; 
Energex Tube, a division of JMC Steel Group; Northwest Pipe Company; 
Stupp Corporation, a division of Stupp Bros., Inc.; Tex-Tube 
Company; TMK IPSCO; and Welspun Tubular LLC USA (collectively, the 
petitioners).
    \5\ See Letter from the petitioners, ``Line Pipe from Korea: 
Ministerial Error Allegation'' dated October 14, 2015.
    \6\ See Letter from Maverick, ``Welded Line Pipe from South 
Korea: Response to HYSCO's Ministerial Error Allegations'' October 
15, 2015.
    \7\ See Letter from HYSCO, ``Welded Line Pipe from Korea: 
Response to Petitioners' Ministerial Error Allegation,'' dated 
October 19, 2015.
---------------------------------------------------------------------------

    Based on our analysis of the allegations submitted by HYSCO and the 
petitioners, we determined that, with respect to the conversion cost 
adjustment and the toll processing cost adjustment, we did not make 
ministerial errors, as defined by section 735(e) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.224(f).\8\ However, we 
determined that we did make ministerial errors within the meaning of 
section 735(e) of the Act and 19 CFR 351.224(f) with respect to the 
revisions to date of sale and the application of the G&A and financial 
expense ratios.\9\ We revised the margin calculation for HYSCO 
accordingly, and assigned a new All Others rate, as discussed 
below.\10\
---------------------------------------------------------------------------

    \8\ See Memorandum entitled ``Allegations of Ministerial Errors 
in the Final Determination,'' dated concurrently with this 
determination and hereby adopted by this notice.
    \9\ Id.
    \10\ Id.
---------------------------------------------------------------------------

Scope of the Investigation

    The scope of the investigation appears in Appendix I of the Final 
Determination.

Ministerial Error

    Section 735(e) of the Act, and 19 CFR 351.224(f) define a 
``ministerial error'' as an error ``in addition, subtraction, or other 
arithmetic function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any similar type of unintentional error 
which the Secretary considers ministerial.''
    We analyzed the ministerial error allegations and determined, in 
accordance with section 735(e) of the Act and 19 CFR 351.224(e), that 
we made ministerial errors with respect to the revisions to date of 
sale and the application of the G&A and financial expense ratios. In 
implementing the date of sale methodology to use the earlier of invoice 
date or shipment date, we inadvertently failed to update HYSCO's 
reported date of sale variable to account for invoice and shipment date 
revisions. Therefore, we corrected this error. In addition, we revised 
HYSCO's calculation of the G&A and financial expense ratios cost of 
goods sold denominator to reflect the major input rule and transactions 
disregarded rule adjustments, in order to keep the calculation of the 
ratios on the same basis as the cost of manufacturing to which they are 
applied.\11\ Therefore, we are amending the final determination with 
respect to HYSCO, in accordance with section 735(e) of the Act and 19 
CFR 351.224(e).\12\
---------------------------------------------------------------------------

    \11\ We note that the correction of this error did not change 
HYSCO's G&A and financial expense ratios from those in the Final 
Determination.
    \12\ The weighted-average dumping margin for SeAH Steel 
Corporation (SeAH) in the Final Determination has not changed. It 
remains at 2.53 percent.
---------------------------------------------------------------------------

Amended Final Determination

    As a result of correcting these ministerial errors, we determine 
that the following weighted-average margins exist for the period 
October 1, 2013, through September 30, 2014:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/exporter                       dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Hyundai HYSCO...........................................            6.23
SeAH Steel Corporation..................................            2.53
All Others..............................................            4.38
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    The following cash deposit requirements will be effective upon 
publication of this notice for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication of this amended final determination, as provided by section 
735(c)(1)(B) of the Act: (1) The cash deposit rate for HYSCO will be 
the rate we determined in this amended final determination (i.e., 6.23 
percent); (2) the cash deposit rate for SeAH will continue to be that 
identified in the Final Determination (i.e., 2.53 percent); (3) if the 
exporter is not a firm identified in this investigation but the 
producer is, the rate will be the rate established for the producer of 
the subject merchandise; and (4) the rate for all other producers or 
exporters will be 4.38 percent, as indicated above. These suspension of 
liquidation instructions will remain in effect until further notice.

U.S. International Trade Commission

    In accordance with section 735(d) of the Act, we notified the U.S. 
International Trade Commission (ITC) of the Final Determination and our 
amended final determination. As the Final Determination was 
affirmative, in accordance with section 735(b)(3) of the Act, the ITC 
will determine within 45 days of the Final Determination whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that such injury exists, the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.
    This amended final determination notice is published in accordance 
with section 735(e) of the Act and 19 CFR 351.224(e).

    Dated: November 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-28667 Filed 11-9-15; 8:45 am]
 BILLING CODE 3510-DS-P