Countervailing Duty Order on Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Amended Final Results of the First Countervailing Duty Administrative Review, 32123-32124 [2019-14337]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Notices (SCM) Agreement Requires ‘‘Expedited CVD Reviews’’ Comment 2: Whether Reviews Conducted Under Section 751(a)(2)(B) of the Act Are Limited to New Exporters and Producers Comment 3: Whether Reviews Conducted Under Section 751(a) of the Act Cannot Begin Until at Least the Anniversary of the CVD Order and Must Act as the Basis for the Assessment of CVD Duties Comment 4: Whether Section 736(c) of the Act Can Serve as the Basis for Conducting CVD Expedited Reviews Comment 5: Whether Commerce Should Account for Respondents’ Purchases of Subject Merchandise/Rough-Hewn Lumber and Whether Commerce Should Assign the ‘‘All-Others’’ Rate from the CVD Order to the Respondents in the Current Proceeding Comment 6: Whether the Accelerated Capital Cost Allowance (ACCA) for Class 29 Assets Program Is De Jure Specific Comment 7: Whether the Provincial and Federal Logging Tax Credits (PLTC and FLTC) Are Countervailable Comment 8: Whether Business Development Bank of Canada (BDC) Loans Are Specific and Countervailable Comment 9: Whether Commerce Correctly Determined Specificity for Various Tax and Employment Programs Comment 10: Whether the Workforce Skills Development and Recognition Fund (aka, FDRCMO) Is De Facto Specific Comment 11: Whether the Immigrant Investor Program Is De Facto Specific Comment 12: Whether the Tax Credit for Onthe-Job Training Period Is De Facto Specific Comment 13: Whether the Tax Credit for Investments Relating to Manufacturing and Processing Equipment Is De Jure Specific Comment 14: Whether the Scientific Research and Experimental Development (SR&ED) Tax Measure Is De Facto Specific Comment 15: Whether Matra and Sechoirs Should Be Treated Separately Comment 16: Whether Commerce Should Find Groupe Matra To Be Creditworthy Comment 17: Whether Commerce Erred in Its Analysis of Investissement Que´bec (IQ) Guaranteed Loans Comment 18: Whether Commerce Should Continue to Apply Partial Adverse Facts Available (AFA) to the Immigrant Investor Program Comment 19: Whether it Was Proper for Commerce to Consider New Subsidy Allegations in an Expedited Review Comment 20: Whether New Brunswick’s Property Tax Incentives for Private Forest Producers Is Countervailable Comment 21: Whether the Benefit Analysis for New Brunswick’s Property Assessment System Should Be Adjusted Comment 22: Whether Commerce Should Correct Fontaine’s Total Sales Amount Comment 23: Whether Commerce Should Use Fontaine’s Taxes Paid in 2015 to Calculate Receipt of Alleged Benefits During the Period of Review (POR) VerDate Sep<11>2014 17:54 Jul 03, 2019 Jkt 247001 VII. Recommendation [FR Doc. 2019–14338 Filed 7–3–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–882] Countervailing Duty Order on Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Amended Final Results of the First Countervailing Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending the final results of the countervailing duty administrative review of certain coldrolled steel flat products from the Republic of Korea (Korea) to correct a ministerial error. The period of review (POR) is July 29, 2016 through December 31, 2016. DATES: Applicable July 5, 2019. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1121. AGENCY: Memorandum accompanying the Final Results.3 Ministerial Errors Section 751(h) 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 other similar type of unintentional error which the Secretary considers ministerial. As discussed in the Amended Final Issues and Decision Memorandum, Commerce finds that the error alleged by POSCO constitutes a ministerial error within the meaning of 19 CFR 351.224(f).4 Specifically, Commerce made an error in the calculation of the benefit to POSCO from the POSCO’s KORES loans. In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results to correct the ministerial error. Specifically, we are amending the net subsidy rates for POSCO and the non-selected companies under review.5 The revised net subsidy rates are provided below. Amended Final Results As a result of correcting the ministerial error, we determine that the countervailable subsidy rates for the producers/exporters under review are as follows: Background Company In accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(b)(5), on May 24, 2019, Commerce published its final results of the countervailing duty administrative review of certain coldrolled steel flat products from Korea.1 On June 3, 2019, POSCO alleged a calculation error in these Final Results regarding POSCO’s policy loans from the Korea Resources Corporation (KORES).2 We did not receive any other ministerial error comments or rebuttal comments. Scope of the Order The merchandise covered by the order is certain cold-rolled steel flat products. For a complete description of the scope of the order, see the Issues and Decision 1 See Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Final Results of Countervailing Duty Administrative Review, 2016, 84 FR 24087 (May 24, 2019) (Final Results), and accompanying Issues and Decision Memorandum (IDM). 2 See POSCO’s letter ‘‘Certain Cold-Rolled Steel Flat Products from the Republic of Korea, 7/29/ 2016–12/31/2016 Administrative Review, Case No. C–580–882: POSCO’s Ministerial Error Allegation,’’ dated June 3, 2019. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 32123 POSCO ................................. Dongbu Steel Co., Ltd .......... Dongbu Incheon Steel Co., Ltd ..................................... Dongkuk Steel Mill Co., Ltd .. Dongkuk Industries Co., Ltd Hyuk San Profile Co., Ltd ..... Taihan Electric Wire Co., Ltd Union Steel Co., Ltd ............. Subsidy rate (percent ad valorem) 0.54 0.56 0.56 0.56 0.56 0.56 0.56 0.56 Assessment Rates Commerce intends to issue assessment instructions to U.S. Customs 3 See Final Results IDM. Memorandum, ‘‘Allegation of Ministerial Errors in the Final Results of the First Antidumping Duty Administrative Review of Certain Cold-Rolled Steel Flat Products from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Amended Final Issues and Decision Memorandum) at 5. 5 Id. at 5–6. Because we relied on POSCO’s subsidy rates to calculate the rate for non-selected companies under review, we are revising the rate for non-selected companies under review in these amended final results. See Memorandum, ‘‘Countervailing Duty Administrative Review: Certain Cold-Rolled Steel Flat Products from the Republic of Korea; Amended Final Results Rate Calculation for the Non-Selected Companies,’’ dated concurrently with the amended final results. 4 See E:\FR\FM\05JYN1.SGM 05JYN1 32124 Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Notices and Border Protection (CBP) 15 days after the date of publication of these amended final results of review, to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption, on or after January 1, 2016 through December 31, 2016, at the ad valorem rates listed above. Cash Deposit Requirements Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties, in the amounts shown above for the companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after May 24, 2019, the date of publication of the Final Results. For all non-reviewed firms, we will instruct CBP to collect cash deposits at the mostrecent company specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Disclosure We intend to disclose the calculations performed for these amended final results to interested parties within five business days of the date of the publication of this notice in accordance with 19 CFR 351.224(b). Notification to Interested Parties jbell on DSK3GLQ082PROD with NOTICES We are issuing and publishing these results in accordance with sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e). Dated: June 25, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–14337 Filed 7–3–19; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:54 Jul 03, 2019 Jkt 247001 DEPARTMENT OF COMMERCE International Trade Administration Renewable Energy and Energy Efficiency Advisory Committee; Open Meeting International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an open meeting. AGENCY: The Renewable Energy and Energy Efficiency Advisory Committee (REEEAC or the Committee) will hold a meeting on Thursday, July 25, 2019, at the U.S. Department of Commerce Herbert C. Hoover Building in Washington, DC. The meeting is open to the public with registration instructions provided below. DATES: July 25, 2019, from approximately 9 a.m. to 5 p.m. Eastern Standard Time (EST). Members of the public wishing to participate must register in advance with Victoria Gunderson at the contact information below by 5 p.m. EST on Thursday, July 18, 2019, in order to pre-register, including any requests to make comments during the meeting or for accommodations or auxiliary aids. ADDRESSES: To register, please contact Victoria Gunderson, Designated Federal Officer, Office of Energy and Environmental Industries (OEEI), Industry and Analysis, International Trade Administration, U.S. Department of Commerce at (202) 482–7890; email: Victoria.Gunderson@trade.gov. FOR FURTHER INFORMATION CONTACT: Victoria Gunderson, Designated Federal Officer, Office of Energy and Environmental Industries (OEEI), Industry and Analysis, International Trade Administration, U.S. Department of Commerce at (202) 482–7890; email: Victoria.Gunderson@trade.gov. SUPPLEMENTARY INFORMATION: Background: The Secretary of Commerce established the REEEAC pursuant to discretionary authority and in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.), on July 14, 2010. The REEEAC was re-chartered most recently on June 7, 2018. The REEEAC provides the Secretary of Commerce with consensus advice from the private sector on the development and administration of programs and policies to expand the export competitiveness of U.S. renewable energy and energy efficiency products and services. More information regarding the REEEAC is available online at http://export.gov/reee/reeeac. On July 25, 2019, the REEEAC will hold the third in-person meeting of its SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 current charter term. The Committee, with officials from the Department of Commerce and other agencies, will discuss major issues affecting the competitiveness of the U.S. renewable energy and energy efficiency industries, hold subcommittee work sessions to discuss draft recommendations, consider recommendations for approval, and hear about new U.S. government regional energy initiatives. An agenda will be made available by July 18, 2019 upon request. The meeting will be open to the public and will be accessible to people with disabilities. All guests are required to register in advance by the deadline identified under the DATE caption. Requests for auxiliary aids must be submitted by the registration deadline. Last minute requests will be accepted but may be impossible to fill. A limited amount of time before the close of the meeting will be available for oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to two to five minutes per person (depending on number of public participants). Individuals wishing to reserve speaking time during the meeting must contact Ms. Gunderson and submit a brief statement of the general nature of the comments, as well as the name and address of the proposed participant, by 5:00 p.m. EST on Thursday, July 18, 2019. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the International Trade Administration may conduct a lottery to determine the speakers. Speakers are requested to submit a copy of their oral comments by email to Ms. Gunderson for distribution to the participants in advance of the meeting. Any member of the public may submit written comments concerning the REEEAC’s affairs at any time before or after the meeting. Comments may be submitted to the Renewable Energy and Energy Efficiency Advisory Committee, c/o: Victoria Gunderson, Designated Federal Officer, Office of Energy and Environmental Industries, U.S. Department of Commerce; 1401 Constitution Avenue NW, Mail Stop: 28018, Washington, DC 20230. To be considered during the meeting, public comments must be transmitted to the REEEAC prior to the meeting. As such, written comments must be received no later than 5 p.m. EST on Thursday, July 18, 2019. Comments received after that date will be distributed to the members but may not be considered at the meeting. E:\FR\FM\05JYN1.SGM 05JYN1

Agencies

[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Notices]
[Pages 32123-32124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-882]


Countervailing Duty Order on Certain Cold-Rolled Steel Flat 
Products From the Republic of Korea: Amended Final Results of the First 
Countervailing Duty Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the countervailing duty administrative review of certain 
cold-rolled steel flat products from the Republic of Korea (Korea) to 
correct a ministerial error. The period of review (POR) is July 29, 
2016 through December 31, 2016.

DATES: Applicable July 5, 2019.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1121.

Background

    In accordance with section 751(a)(1) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.221(b)(5), on May 24, 2019, Commerce 
published its final results of the countervailing duty administrative 
review of certain cold-rolled steel flat products from Korea.\1\ On 
June 3, 2019, POSCO alleged a calculation error in these Final Results 
regarding POSCO's policy loans from the Korea Resources Corporation 
(KORES).\2\ We did not receive any other ministerial error comments or 
rebuttal comments.
---------------------------------------------------------------------------

    \1\ See Certain Cold-Rolled Steel Flat Products from the 
Republic of Korea: Final Results of Countervailing Duty 
Administrative Review, 2016, 84 FR 24087 (May 24, 2019) (Final 
Results), and accompanying Issues and Decision Memorandum (IDM).
    \2\ See POSCO's letter ``Certain Cold-Rolled Steel Flat Products 
from the Republic of Korea, 7/29/2016-12/31/2016 Administrative 
Review, Case No. C-580-882: POSCO's Ministerial Error Allegation,'' 
dated June 3, 2019.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is certain cold-rolled steel 
flat products. For a complete description of the scope of the order, 
see the Issues and Decision Memorandum accompanying the Final 
Results.\3\
---------------------------------------------------------------------------

    \3\ See Final Results IDM.
---------------------------------------------------------------------------

Ministerial Errors

    Section 751(h) 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 other similar type of unintentional 
error which the Secretary considers ministerial. As discussed in the 
Amended Final Issues and Decision Memorandum, Commerce finds that the 
error alleged by POSCO constitutes a ministerial error within the 
meaning of 19 CFR 351.224(f).\4\ Specifically, Commerce made an error 
in the calculation of the benefit to POSCO from the POSCO's KORES 
loans.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Allegation of Ministerial Errors in the 
Final Results of the First Antidumping Duty Administrative Review of 
Certain Cold-Rolled Steel Flat Products from the Republic of 
Korea,'' dated concurrently with, and hereby adopted by, this notice 
(Amended Final Issues and Decision Memorandum) at 5.
---------------------------------------------------------------------------

    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results to correct the ministerial error. 
Specifically, we are amending the net subsidy rates for POSCO and the 
non-selected companies under review.\5\ The revised net subsidy rates 
are provided below.
---------------------------------------------------------------------------

    \5\ Id. at 5-6. Because we relied on POSCO's subsidy rates to 
calculate the rate for non-selected companies under review, we are 
revising the rate for non-selected companies under review in these 
amended final results. See Memorandum, ``Countervailing Duty 
Administrative Review: Certain Cold-Rolled Steel Flat Products from 
the Republic of Korea; Amended Final Results Rate Calculation for 
the Non-Selected Companies,'' dated concurrently with the amended 
final results.
---------------------------------------------------------------------------

Amended Final Results

    As a result of correcting the ministerial error, we determine that 
the countervailable subsidy rates for the producers/exporters under 
review are as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
POSCO...................................................            0.54
Dongbu Steel Co., Ltd...................................            0.56
Dongbu Incheon Steel Co., Ltd...........................            0.56
Dongkuk Steel Mill Co., Ltd.............................            0.56
Dongkuk Industries Co., Ltd.............................            0.56
Hyuk San Profile Co., Ltd...............................            0.56
Taihan Electric Wire Co., Ltd...........................            0.56
Union Steel Co., Ltd....................................            0.56
------------------------------------------------------------------------

Assessment Rates

    Commerce intends to issue assessment instructions to U.S. Customs

[[Page 32124]]

and Border Protection (CBP) 15 days after the date of publication of 
these amended final results of review, to liquidate shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption, on or after January 1, 2016 through December 31, 2016, at 
the ad valorem rates listed above.

Cash Deposit Requirements

    Commerce intends to instruct CBP to collect cash deposits of 
estimated countervailing duties, in the amounts shown above for the 
companies listed above on shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after May 24, 2019, the 
date of publication of the Final Results. For all non-reviewed firms, 
we will instruct CBP to collect cash deposits at the most-recent 
company specific or all-others rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Disclosure

    We intend to disclose the calculations performed for these amended 
final results to interested parties within five business days of the 
date of the publication of this notice in accordance with 19 CFR 
351.224(b).

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: June 25, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-14337 Filed 7-3-19; 8:45 am]
 BILLING CODE 3510-DS-P