Carbon and Alloy Steel Wire Rod From the Republic of Korea: Amended Preliminary Determination of Sales at Less Than Fair Value, 56220-56221 [2017-25658]
Download as PDF
<![CDATA[
56220
Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–891]
Carbon and Alloy Steel Wire Rod From
the Republic of Korea: Amended
Preliminary Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 31, 2017, the
Department of Commerce (Department)
published in the Federal Register the
Preliminary Determination 1 of the
antidumping duty investigation of
carbon and alloy steel wire rod (wire
rod) from the Republic of Korea (Korea).
The Department is amending the
Preliminary Determination of the
investigation to correct a significant
ministerial error.
DATES: Effective November 28, 2017.
FOR FURTHER INFORMATION CONTACT:
Lingjun Wang, 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) 482–2316.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 31, 2017, the Department
published in the Federal Register the
Preliminary Determination of wire rod
from Korea. On November 1, 2017,
Gerdau Ameristeel US Inc., Keystone
Consolidated Industries, Inc., and
Charter Steel (collectively, the
petitioners) alleged that the Department
made a significant ministerial error in
the Preliminary Determination.
Scope of the Investigation
The product covered by this
investigation is wire rod from Korea. For
a full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in the Appendix to this
notice.
Significant Ministerial Error
ethrower on DSK3G9T082PROD with NOTICES
A ministerial error is defined in 19
CFR 351.224(f) as ‘‘an error in addition,
subtraction, or other arithmetic
function, clerical error resulting from
1 See Carbon and Alloy Steel Wire Rod from the
Republic of Korea: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
and Preliminary Negative Determination of Critical
Circumstances, 82 FR 50386 (October 31, 2017)
(Preliminary Determination); see also the
petitioners’ November 1, 2017 letter, ‘‘Petitioners’
Ministerial Error Allegations Concerning POSCO’’
(Ministerial Error Allegation).
VerDate Sep<11>2014
19:51 Nov 27, 2017
Jkt 244001
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which the Secretary
considers ministerial.’’ A significant
ministerial error is defined in 19 CFR
351.224(g) as a ministerial error, the
correction of which, singly or in
combination with other errors, would
result in: (1) A change of at least five
absolute percentage points in, but not
less than 25 percent of, the weightedaverage dumping margin calculated in
the original (erroneous) preliminary
determination; or (2) a difference
between a weighted-average dumping
margin of zero or de minimis and a
weighted-average dumping margin of
greater than de minimis or vice versa.
Further, 19 CFR 351.224(e) provides
that the Department ‘‘will analyze any
comments received and, if appropriate,
correct any significant ministerial error
by amending the preliminary
determination.’’
Ministerial Error Allegation
The petitioners allege that the
Department failed to convert the
product matching control number
(CONNUM)-specific per-unit import
duty cost amounts that were
denominated in Korean won to U.S.
dollars when it granted POSCO a duty
drawback adjustment to U.S. price.2 The
petitioners also maintain that correcting
this error results in an increase of more
than five absolute percentage points in,
but not less than 25 percent of, the
weighted-average dumping margin,
thereby meeting the definition of
‘‘significant’’ pursuant to 19 CFR
351.224(g)(1).3
We agree with the petitioners’
allegation. The CONNUM-specific perunit duty cost amount that forms the
basis of our duty-drawback adjustment
was in Korean won.4 The Department
inadvertently failed to convert
CONNUM-specific per-unit duty cost
amount to U.S. dollars when adjusting
U.S. price in the margin calculation
program.5 This error constitutes a
ministerial error within the meaning of
19 CFR 351.224(f).6 Moreover,
correcting this ministerial error changes
the margin from 10.09 percent to 40.80
percent, thereby making this error
significant pursuant to 19 CFR
351.224(g)(1).7
Amended Preliminary Determination
We are amending the preliminary
determination of sales at less-than-fairvalue for wire rod from Korea to reflect
the correction of a ministerial error
made in the margin calculation for
POSCO. In addition, because the
preliminary ‘‘All-Others’’ rate was based
on the estimated weighted-average
dumping margin calculated for POSCO,
we are also amending the ‘‘All-Others’’
rate. As a result of the correction of the
ministerial error, the revised weightedaverage dumping margins are as follows:
Exporter/manufacturer
Weightedaverage
dumping
margin
(percent)
POSCO .......................................
All-Others ....................................
40.80
40.80
Amended Cash Deposits and
Suspension of Liquidation
The collection of cash deposits and
suspension of liquidation will be
revised according to the rates
established in this amended preliminary
determination, in accordance with
section 733(d) and (f) of the Tariff Act
of 1930, as amended (the Act) and 19
CFR 351.224. Because the rates are
increasing from the Preliminary
Determination, the amended cash
deposit rates will be effective on the
date of publication of this notice in the
Federal Register.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we notified the International
Trade Commission of our amended
preliminary determination.
Disclosure
2 See
DOC October 24, 2014 Memorandum: ‘‘Cost
of Production and Constructed Value Calculation
Adjustments for the Preliminary Determination—
POSCO,’’ and DOC October 24, 2014 Memorandum
‘‘Preliminary Determination Margin Calculation for
POSCO.’’
3 See Ministerial Error Allegation.
4 See POSCO August 23, 2017 Response to
Supplemental Section D Questionnaire at SD–12
and Exhibit SD–10, and POSCO October 11, 2017
Response to Second Supplemental Section D
Questionnaire at SD2–6 and Exhibit SD2–7.
5 See DOC October 24, 2017 Memorandum: ‘‘Cost
of Production and Constructed Value Calculation
Adjustments for the Preliminary Determination—
POSCO’’ at 4, and DOC October 24, 2017
Memorandum: ‘‘Preliminary Determination Margin
Calculation for POSCO’’ at 5.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
announcement of the amended
preliminary determination, in
accordance with 19 CFR 351.224.
6 See DOC Memorandum: ‘‘Allegation and
Analysis of Ministerial Error in the Preliminary
Determination,’’ dated concurrently with this
memorandum (Ministerial Error Analysis
Memorandum).
7 See DOC Memorandum: ‘‘Amended Preliminary
Determination Margin Calculation for POSCO,’’
dated concurrently with this memorandum
(Amended Preliminary Calculation Memorandum).
E:\FR\FM\28NON1.SGM
28NON1
Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices
This amended preliminary
determination is issued and published
in accordance with sections 733(f) and
777(i) of the Act and 19 CFR 351.224(e).
Dated: November 20, 2017.
Gary Taverman
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigation
The products covered by this investigation
are certain hot-rolled products of carbon steel
and alloy steel, in coils, of approximately
round cross section, less than 19.00 mm in
actual solid cross-sectional diameter.
Specifically excluded are steel products
possessing the above-noted physical
characteristics and meeting the Harmonized
Tariff Schedule of the United States (HTSUS)
definitions for (a) stainless steel; (b) tool
steel; (c) high-nickel steel; (d) ball bearing
steel; or (e) concrete reinforcing bars and
rods. Also excluded are free cutting steel
(also known as free machining steel)
products (i.e., products that contain by
weight one or more of the following
elements: 0.1 percent or more of lead, 0.05
percent or more of bismuth, 0.08 percent or
more of sulfur, more than 0.04 percent of
phosphorous, more than 0.05 percent of
selenium, or more than 0.01 percent of
tellurium). All products meeting the physical
description of subject merchandise that are
not specifically excluded are included in this
scope.
The products under investigation are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015, 7213.91.3020,
7213.91.3093; 7213.91.4500, 7213.91.6000,
7213.99.0030, 7227.20.0030, 7227.20.0080,
7227.90.6010, 7227.90.6020, 7227.90.6030,
and 7227.90.6035 of the HTSUS. Products
entered under subheadings 7213.99.0090 and
7227.90.6090 of the HTSUS also may be
included in this scope if they meet the
physical description of subject merchandise
above. Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this proceeding is dispositive.
[FR Doc. 2017–25658 Filed 11–27–17; 8:45 am]
BILLING CODE 3510–DS–P
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
ethrower on DSK3G9T082PROD with NOTICES
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995
(‘‘PRA’’), this notice announces that the
Information Collection Request (‘‘ICR’’)
abstracted below has been forwarded to
SUMMARY:
VerDate Sep<11>2014
19:51 Nov 27, 2017
Jkt 244001
the Office of Management and Budget
(‘‘OMB’’) for review and comment. The
ICR describes the nature of the
information collection and its expected
costs and burden.
DATES: Comments must be submitted on
or before December 28, 2017.
ADDRESSES: Comments regarding the
burden estimated or any other aspect of
the information collection, including
suggestions for reducing the burden,
may be submitted directly to the Office
of Information and Regulatory Affairs
(‘‘OIRA’’) in OMB, within 30 days of the
notice’s publication, by either of the
following methods. Please identify the
comments by OMB Control No. 3038–
0091.
• By email addressed to:
OIRAsubmissions@omb.eop.gov or
• By mail addressed to: The Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Attention Desk Officer for the
Commodity Futures Trading
Commission, 725 17th Street NW.,
Washington, DC 20503.
A copy of all comments submitted to
OIRA should be sent to the Commodity
Futures Trading Commission (the
‘‘Commission’’) by either of the
following methods. The copies should
refer to ‘‘OMB Control No. 3038–0062.’’
• By mail addressed to: Christopher
Kirkpatrick, Secretary of the
Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW.,
Washington, DC 20581;
• By Hand Delivery/Courier to the
same address; or
• Through the Commission’s Web site
at https://comments.cftc.gov. Please
follow the instructions for submitting
comments through the Web site.
A copy of the supporting statements
for the collection of information
discussed herein may be obtained by
visiting https://RegInfo.gov.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments will be
posted as received to https://
www.cftc.gov. You should submit only
information that you wish to make
available publicly. If you wish the
Commission to consider information
that you believe is exempt from
disclosure under the Freedom of
Information Act, a petition for
confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the Commission’s regulations. The
Commission reserves the right, but shall
have no obligation, to review, prescreen, filter, redact, refuse or remove
any or all of your submission from
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
56221
https://www.cftc.gov that it may deem to
be inappropriate for publication, such as
obscene language. All submissions that
have been redacted or removed that
contain comments on the merits of the
ICR will be retained in the public
comment file and will be considered as
required under the Administrative
Procedure Act and other applicable
laws, and may be accessible under the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
Lauren Bennett, Special Counsel, 202–
418–5290, email: lbennett@cftc.gov,
Division of Swap Dealer and
Intermediary Oversight, Commodity
Futures Trading Commission and refer
to OMB Control No. 3038–0062.
SUPPLEMENTARY INFORMATION:
Title: Off-Exchange Foreign Currency
Transactions (OMB Control No. 3038–
0062). This is a request for an extension
of a currently approved information
collection.
Abstract: Part 5 of the Commission’s
regulations under the CEA establishes
rules applicable to retail foreign
exchange dealers (‘‘RFEDs’’), futures
commission merchants (‘‘FCMs’’),
introducing brokers (‘‘IBs’’), commodity
trading advisors (‘‘CTAs’’), and
commodity pool operators (‘‘CPOs’’)
engaged in the offer and sale of offexchange forex contracts to retail
customers. Specifically:
• Regulation 5.5 requires RFEDs,
FCMs, and IBs to distribute risk
disclosure statements to new retail forex
customers.
• Regulation 5.6 requires RFEDs and
FCMs to report any failures to maintain
the minimum capital required by
Commission regulations.
• Regulation 5.8 requires RFEDs and
FCMs to calculate their total retail forex
obligation.
• Regulation 5.10 requires RFEDs to
maintain and preserve certain risk
assessment documentation.
• Regulation 5.11(a)(1) requires
RFEDs to submit certain risk assessment
documentation to the Commission
within 60 days of the effective date of
their registration.
• Regulation 5.11(a)(2) requires
RFEDs to submit certain financial
documentation to the Commission
within 105 calendar days of the end of
each fiscal year. RFEDs must also
submit additional information, if
requested, regarding affiliates’ financial
impact on an RFED’s organizational
structure.
• Regulation 5.12(a) requires RFED
applicants to submit a Form 1–FR–FCM
concurrently with their registration
application.
E:\FR\FM\28NON1.SGM
28NON1
]]>Agencies
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56220-56221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25658]
[[Page 56220]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-891]
Carbon and Alloy Steel Wire Rod From the Republic of Korea:
Amended Preliminary Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 31, 2017, the Department of Commerce (Department)
published in the Federal Register the Preliminary Determination \1\ of
the antidumping duty investigation of carbon and alloy steel wire rod
(wire rod) from the Republic of Korea (Korea). The Department is
amending the Preliminary Determination of the investigation to correct
a significant ministerial error.
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Wire Rod from the Republic of
Korea: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, and Preliminary Negative Determination of Critical
Circumstances, 82 FR 50386 (October 31, 2017) (Preliminary
Determination); see also the petitioners' November 1, 2017 letter,
``Petitioners' Ministerial Error Allegations Concerning POSCO''
(Ministerial Error Allegation).
---------------------------------------------------------------------------
DATES: Effective November 28, 2017.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, 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) 482-2316.
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2017, the Department published in the Federal
Register the Preliminary Determination of wire rod from Korea. On
November 1, 2017, Gerdau Ameristeel US Inc., Keystone Consolidated
Industries, Inc., and Charter Steel (collectively, the petitioners)
alleged that the Department made a significant ministerial error in the
Preliminary Determination.
Scope of the Investigation
The product covered by this investigation is wire rod from Korea.
For a full description of the scope of this investigation, see the
``Scope of the Investigation,'' in the Appendix to this notice.
Significant Ministerial Error
A ministerial error is defined in 19 CFR 351.224(f) as ``an error
in addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' A significant ministerial error is defined in 19 CFR
351.224(g) as a ministerial error, the correction of which, singly or
in combination with other errors, would result in: (1) A change of at
least five absolute percentage points in, but not less than 25 percent
of, the weighted-average dumping margin calculated in the original
(erroneous) preliminary determination; or (2) a difference between a
weighted-average dumping margin of zero or de minimis and a weighted-
average dumping margin of greater than de minimis or vice versa.
Further, 19 CFR 351.224(e) provides that the Department ``will analyze
any comments received and, if appropriate, correct any significant
ministerial error by amending the preliminary determination.''
Ministerial Error Allegation
The petitioners allege that the Department failed to convert the
product matching control number (CONNUM)-specific per-unit import duty
cost amounts that were denominated in Korean won to U.S. dollars when
it granted POSCO a duty drawback adjustment to U.S. price.\2\ The
petitioners also maintain that correcting this error results in an
increase of more than five absolute percentage points in, but not less
than 25 percent of, the weighted-average dumping margin, thereby
meeting the definition of ``significant'' pursuant to 19 CFR
351.224(g)(1).\3\
---------------------------------------------------------------------------
\2\ See DOC October 24, 2014 Memorandum: ``Cost of Production
and Constructed Value Calculation Adjustments for the Preliminary
Determination--POSCO,'' and DOC October 24, 2014 Memorandum
``Preliminary Determination Margin Calculation for POSCO.''
\3\ See Ministerial Error Allegation.
---------------------------------------------------------------------------
We agree with the petitioners' allegation. The CONNUM-specific per-
unit duty cost amount that forms the basis of our duty-drawback
adjustment was in Korean won.\4\ The Department inadvertently failed to
convert CONNUM-specific per-unit duty cost amount to U.S. dollars when
adjusting U.S. price in the margin calculation program.\5\ This error
constitutes a ministerial error within the meaning of 19 CFR
351.224(f).\6\ Moreover, correcting this ministerial error changes the
margin from 10.09 percent to 40.80 percent, thereby making this error
significant pursuant to 19 CFR 351.224(g)(1).\7\
---------------------------------------------------------------------------
\4\ See POSCO August 23, 2017 Response to Supplemental Section D
Questionnaire at SD-12 and Exhibit SD-10, and POSCO October 11, 2017
Response to Second Supplemental Section D Questionnaire at SD2-6 and
Exhibit SD2-7.
\5\ See DOC October 24, 2017 Memorandum: ``Cost of Production
and Constructed Value Calculation Adjustments for the Preliminary
Determination--POSCO'' at 4, and DOC October 24, 2017 Memorandum:
``Preliminary Determination Margin Calculation for POSCO'' at 5.
\6\ See DOC Memorandum: ``Allegation and Analysis of Ministerial
Error in the Preliminary Determination,'' dated concurrently with
this memorandum (Ministerial Error Analysis Memorandum).
\7\ See DOC Memorandum: ``Amended Preliminary Determination
Margin Calculation for POSCO,'' dated concurrently with this
memorandum (Amended Preliminary Calculation Memorandum).
---------------------------------------------------------------------------
Amended Preliminary Determination
We are amending the preliminary determination of sales at less-
than-fair-value for wire rod from Korea to reflect the correction of a
ministerial error made in the margin calculation for POSCO. In
addition, because the preliminary ``All-Others'' rate was based on the
estimated weighted-average dumping margin calculated for POSCO, we are
also amending the ``All-Others'' rate. As a result of the correction of
the ministerial error, the revised weighted-average dumping margins are
as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
POSCO....................................................... 40.80
All[dash]Others............................................. 40.80
------------------------------------------------------------------------
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates established in this amended
preliminary determination, in accordance with section 733(d) and (f) of
the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.224.
Because the rates are increasing from the Preliminary Determination,
the amended cash deposit rates will be effective on the date of
publication of this notice in the Federal Register.
International Trade Commission Notification
In accordance with section 733(f) of the Act, we notified the
International Trade Commission of our amended preliminary
determination.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the amended
preliminary determination, in accordance with 19 CFR 351.224.
[[Page 56221]]
This amended preliminary determination is issued and published in
accordance with sections 733(f) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: November 20, 2017.
Gary Taverman
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The products covered by this investigation are certain hot-
rolled products of carbon steel and alloy steel, in coils, of
approximately round cross section, less than 19.00 mm in actual
solid cross-sectional diameter. Specifically excluded are steel
products possessing the above-noted physical characteristics and
meeting the Harmonized Tariff Schedule of the United States (HTSUS)
definitions for (a) stainless steel; (b) tool steel; (c) high-nickel
steel; (d) ball bearing steel; or (e) concrete reinforcing bars and
rods. Also excluded are free cutting steel (also known as free
machining steel) products (i.e., products that contain by weight one
or more of the following elements: 0.1 percent or more of lead, 0.05
percent or more of bismuth, 0.08 percent or more of sulfur, more
than 0.04 percent of phosphorous, more than 0.05 percent of
selenium, or more than 0.01 percent of tellurium). All products
meeting the physical description of subject merchandise that are not
specifically excluded are included in this scope.
The products under investigation are currently classifiable
under subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020,
7213.91.3093; 7213.91.4500, 7213.91.6000, 7213.99.0030,
7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020,
7227.90.6030, and 7227.90.6035 of the HTSUS. Products entered under
subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS also may be
included in this scope if they meet the physical description of
subject merchandise above. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the scope of this proceeding is dispositive.
[FR Doc. 2017-25658 Filed 11-27-17; 8:45 am]
BILLING CODE 3510-DS-P
