Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review; 2016-2017, 37988-37990 [2019-16652]
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37988
Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices
232 decisions require subject
merchandise to be admitted to FTZs in
privileged foreign status (19 CFR
146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
September 16, 2019.
A copy of the notification will be
available for public inspection in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Juanita Chen at juanita.chen@trade.gov
or 202–482–1378.
Dated: July 30, 2019.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2019–16665 Filed 8–2–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–106]
Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China:
Postponement of Preliminary
Determination in the Less-Than-FairValue Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable August 5, 2019.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta at (202) 482–2593 or
Rachel Greenberg at (202) 482–0652,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
jspears on DSK3GMQ082PROD with NOTICES
Background
On March 26, 2019, the Department of
Commerce (Commerce) initiated a lessthan-fair-value (LTFV) investigation of
imports of wooden cabinets and vanities
and components thereof from the
People’s Republic of China.1 Currently,
the preliminary determination is due no
later than August 13, 2019.
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Initiation of Less-Than-Fair-Value
Investigation, 84 FR 12587 (April 2, 2019).
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Postponement of Preliminary
Determination
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in a LTFV investigation
within 140 days after the date on which
Commerce initiated the investigation.
However, section 733(c)(1)(A)(b)(1) of
the Act permits Commerce to postpone
the preliminary determination until no
later than 190 days after the date on
which Commerce initiated the
investigation if: (A) The petitioner
makes a timely request for a
postponement; or (B) Commerce
concludes that the parties concerned are
cooperating, that the investigation is
extraordinarily complicated, and that
additional time is necessary to make a
preliminary determination. Under 19
CFR 351.205(e), the petitioner must
submit a request for postponement 25
days or more before the scheduled date
of the preliminary determination and
must state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On July 10, 2019, the petitioner 2
submitted a timely request that
Commerce postpone the preliminary
determination in the LTFV
investigation.3 The petitioner stated that
it requests postponement to allow
Commerce time to sufficiently review
all questionnaires responses and request
clarification and additional information
as necessary.4
For the reasons stated above and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act, is postponing the deadline for
the preliminary determination by 50
days (i.e., 190 days after the date on
which this investigation was initiated).
As a result, Commerce will issue its
preliminary determination no later than
October 2, 2019. In accordance with
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
Notification to Interested Parties
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
2 The petitioner is the American Kitchen Cabinet
Alliance.
3 See Petitioner’s Letter, ‘‘Wooden Cabinets and
Vanities and Components Thereof from the People’s
Republic of China: Request for Postponement of the
Preliminary Determination,’’ dated July 10, 2019.
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Dated: July 23, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2019–16047 Filed 8–2–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–883]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea: Amended
Final Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the final
results of the administrative review of
the antidumping duty (AD) order on
certain hot-rolled steel flat products
(hot-rolled steel) from the Republic of
Korea (Korea) to correct ministerial
errors.
AGENCY:
DATES:
Applicable August 5, 2019.
FOR FURTHER INFORMATION CONTACT:
Justin Neuman, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0486.
SUPPLEMENTARY INFORMATION:
Background
On July 9, 2019, Commerce published
the final results of the first
administrative review of the AD order
on hot-rolled steel from Korea.1 On July
1, 2019, both ArcelorMittal USA LLC
(the petitioner) and POSCO timely filed
ministerial error allegations.2 On July 8,
2019, POSCO and the petitioner filed
comments rebutting each other’s
ministerial error allegations.3
1 See Certain Hot-Rolled Steel Flat Products from
the Republic of Korea: Final Results of
Antidumping Duty Administrative Review; 2016–
2017, 84 FR 32720 (July 9, 2019).
2 See Petitioner’s Letter, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Korea—
Petitioner’s Ministerial Error Allegation Regarding
POSCO’s Margin Calculation in the Final Results,’’
dated July 1, 2019; see also POSCO’s Letter,
‘‘Certain Hot-Rolled Steel Flat Products from the
Republic of Korea, Case No. A–580–883: POSCO’s
Ministerial Error Allegation,’’ dated July 1, 2019.
3 See Petitioner’s Letter, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Korea—
Petitioner’s Response to POSCO’s Ministerial Error
Allegation,’’ dated July 8, 2019; see also POSCO’s
Letter, ‘‘Certain Hot-Rolled Steel Flat Products from
the Republic of Korea, Case No. A–580–883: POSCO
Response to Petitioner’s Ministerial Error
Allegation,’’ dated July 8, 2019.
E:\FR\FM\05AUN1.SGM
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Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices
Legal Framework
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 4 With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any
ministerial error by amending . . . the
final results of review. . . .’’
jspears on DSK3GMQ082PROD with NOTICES
Ministerial Errors
According to the petitioner,
Commerce committed an inadvertent
error within the meaning of section
735(e) of the Act and 19 CFR 351.224(f)
with respect to its calculation of total
cost of manufacturing by excluding the
conversion cost variable. In the formula
used to calculate POSCO’s total cost of
manufacturing, the exclusion of the
conversion cost variable resulted in
POSCO’s total cost of manufacturing
being understated. Accordingly, we
have determined, in accordance with
section 751(h) of the Act and 19 CFR
351.224(f), that an unintentional
ministerial error was made in the Final
Results. Pursuant to 19 CFR 351.224(e),
Commerce is amending the Final
Results to reflect the correction of this
ministerial error. Specifically, we have
recalculated POSCO’s total cost of
manufacturing by including the missing
variable.
The petitioner also alleged that
Commerce inadvertently omitted certain
freight expenses that should be used to
cap freight revenues in the home
market. In the Final Results, we
inadvertently limited the freight
expenses to inland freight—plant/
warehouse to customer, while excluding
inland freight—plant to warehouse and
warehousing. Accordingly, we have
determined, in accordance with section
751(h) of the Act and 19 CFR 351.224(f),
that an unintentional ministerial error
was made in the Final Results. Pursuant
to 19 CFR 351.224(e), Commerce is
amending the Final Results to reflect the
correction of this ministerial error.
Specifically, we have recalculated
POSCO’s home market freight expenses
to include all inland freight, as well as
warehousing, in the formula used to cap
POSCO’s home market freight revenues.
Finally, POSCO alleges that
Commerce made an inadvertent error in
4 See
19 CFR 351.224(f).
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37989
not including an income adjustment in
the calculation of POSCO’s general and
administrative (G&A) expense ratio.
Accordingly, we have determined, in
accordance with section 751(h) of the
Act and 19 CFR 351.224(f), that an
unintentional ministerial error was
made in the Final Results. Pursuant to
19 CFR 351.224(e), Commerce is
amending the Final Results to reflect the
correction of this ministerial error.
Specifically, we have recalculated
POSCO’s G&A expense ratio to include
the missing income adjustment.
The revised calculation to correct the
errors describe above changes the cash
deposit rate for POSCO from 10.11
percent to 11.10 percent. In addition,
because POSCO’s dumping margin was
used in the calculation of the rate for
non-examined companies in the Final
Results, our corrections to POSCO’s
calculation results in an adjustment to
the rate for non-examined companies as
well, to 8.27 percent. For a detailed
discussion of these ministerial errors, as
well as Commerce’s analysis of the
ministerial error allegations, see the
Ministerial Error Memorandum.5
entries of subject merchandise in
accordance with the amended final
results of this review.
Where the respondent reported
reliable entered values, we calculated
importer- (or customer-) specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
entered value of the sales to each
importer (or customer).7 Where
Commerce calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, Commerce will direct CBP
to assess importer- (or customer-)
specific assessment rates based on the
resulting per-unit rates.8 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is greater than
de minimis (i.e., 0.50 percent),
Commerce will instruct CBP to collect
the appropriate duties at the time of
liquidation.9 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Amended Final Results of the Review
Commerce will instruct CBP to liquidate
We are assigning the following
appropriate entries without regard to
weighted-average dumping margins to
antidumping duties.10
the firms listed below for the period
For the companies which were not
March 22, 2016 through September 30,
selected for individual review, we will
2017:
assign an assessment rate based on the
Amended
average of the cash deposit rates
final
calculated for Hyundai Steel Company
Producer or exporter
dumping
(Hyundai Steel) and POSCO. The
margins
amended final results of this review
(percent)
shall be the basis for the assessment of
POSCO/POSCO Daewoo
antidumping duties on entries of
Co., Ltd .............................
11.10 merchandise covered by the amended
Non-examined companies 6 ..
8.27
final results of this review and for future
deposits of estimated duties, where
Disclosure
applicable.11
We intend to disclose the calculation
Consistent with Commerce’s
performed for these amended final
assessment practice, for entries of
results in accordance with 19 CFR
subject merchandise during the POR
351.224(b).
produced by Hyundai Steel and POSCO,
Assessment Rate
or the non-examined companies for
Pursuant to section 751(a)(2)(C) of the which the producer did not know that
its merchandise was destined for the
Act and 19 CFR 351.212(b), Commerce
United States, we will instruct CBP to
shall determine, and U.S. Customs and
liquidate unreviewed entries at the allBorder Protection (CBP) shall assess,
others rate if there is no rate for the
antidumping duties on all appropriate
intermediate company(ies) involved in
5 See Memorandum, ‘‘Ministerial Error
the transaction.12
Memorandum for the Final Results of the 2016–
2017 Administrative Review of the Antidumping
Duty Order on Certain Hot-Rolled Steel Flat
Products from the Republic of Korea,’’ dated
concurrently with this notice (Ministerial Error
Memorandum).
6 The non-examined companies subject to this
review are: Daewoo International Corp.; Dongbu
Steel Co., Ltd.; Dongkuk Industries Co., Ltd.;
Marubeni-Itochu Steel Korea; Soon Hong Trading
Co.; and Sungjin Co.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
7 See
19 CFR 351.212(b)(1).
8 Id.
9 Id.
10 See
19 CFR 351.106(c)(2).
section 751(a)(2)(C) of the Act.
12 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
11 See
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37990
Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively, as appropriate, for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after July 9, 2019,
the date of publication of the Final
Results of this administrative review, as
provided by section 751(a)(2)(C) of the
Act: (1) The cash deposit rate for the
companies listed in these amended final
results will be equal to the weightedaverage dumping margin established in
the amended final results of this review;
(2) for merchandise exported by
producers or exporters not covered in
this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which they were
reviewed; (3) if the exporter is not a firm
covered in this review or the original
less-than-fair-value (LTFV) investigation
but the producer is, the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 5.55
percent,13 the all-others rate established
in the LTFV investigation. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
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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
13 See
Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016).
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18:42 Aug 02, 2019
Jkt 247001
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 the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
These amended final results and
notice are issued and published in
accordance with sections 751(h) and
777(i) of the Act and 19 CFR 351.224(e).
Dated: July 29, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–16652 Filed 8–2–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–819]
Acetone From Spain: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, and Preliminary
Determination of No Shipments
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that acetone from Spain is being, or is
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is January 1, 2018
through December 31, 2018. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable August 5, 2019.
FOR FURTHER INFORMATION CONTACT:
Preston Cox, 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) 482–5041.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on March 18, 2019.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
1 See Acetone from Belgium, the Republic of
Korea, the Kingdom of Saudi Arabia, Singapore, the
Republic of South Africa, and Spain: Initiation of
Less-Than-Fair-Value Investigations, 84 FR 9755
(March 18, 2019) (Initiation Notice).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Memorandum.2 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is acetone from Spain. For
a complete description of the scope of
this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations, the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope). Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.3
In accordance with the comments
discussed below, Commerce is adding a
five percent ‘‘threshold’’ to the scope
description. In accordance with the
threshold, a product is excluded from
the scope of this investigation if the
total acetone component of the product
(regardless of the source or sources)
comprises less than five percent of the
product on a dry weight basis.
Additionally, Commerce has added an
illustrative list of subheadings under
Chapter 38 of the HTSUS that may
include subject acetone. Finally,
Commerce has made other nonsubstantive revisions to the language of
the scope in order to improve clarity.
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Acetone from Spain’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
3 See Memorandum, ‘‘Acetone from Belgium,
Korea, Singapore, South Africa, and Spain: Scope
Comments Preliminary Decision Memorandum,’’
dated July 29, 2019.
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Agencies
[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 37988-37990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16652]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Amended Final Results of Antidumping Duty Administrative Review;
2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the final
results of the administrative review of the antidumping duty (AD) order
on certain hot-rolled steel flat products (hot-rolled steel) from the
Republic of Korea (Korea) to correct ministerial errors.
DATES: Applicable August 5, 2019.
FOR FURTHER INFORMATION CONTACT: Justin Neuman, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0486.
SUPPLEMENTARY INFORMATION:
Background
On July 9, 2019, Commerce published the final results of the first
administrative review of the AD order on hot-rolled steel from
Korea.\1\ On July 1, 2019, both ArcelorMittal USA LLC (the petitioner)
and POSCO timely filed ministerial error allegations.\2\ On July 8,
2019, POSCO and the petitioner filed comments rebutting each other's
ministerial error allegations.\3\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Final Results of Antidumping Duty Administrative Review;
2016-2017, 84 FR 32720 (July 9, 2019).
\2\ See Petitioner's Letter, ``Certain Hot-Rolled Steel Flat
Products from the Republic of Korea--Petitioner's Ministerial Error
Allegation Regarding POSCO's Margin Calculation in the Final
Results,'' dated July 1, 2019; see also POSCO's Letter, ``Certain
Hot-Rolled Steel Flat Products from the Republic of Korea, Case No.
A-580-883: POSCO's Ministerial Error Allegation,'' dated July 1,
2019.
\3\ See Petitioner's Letter, ``Certain Hot-Rolled Steel Flat
Products from the Republic of Korea--Petitioner's Response to
POSCO's Ministerial Error Allegation,'' dated July 8, 2019; see also
POSCO's Letter, ``Certain Hot-Rolled Steel Flat Products from the
Republic of Korea, Case No. A-580-883: POSCO Response to
Petitioner's Ministerial Error Allegation,'' dated July 8, 2019.
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[[Page 37989]]
Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \4\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending . . . the final results of review. . . .''
---------------------------------------------------------------------------
\4\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Errors
According to the petitioner, Commerce committed an inadvertent
error within the meaning of section 735(e) of the Act and 19 CFR
351.224(f) with respect to its calculation of total cost of
manufacturing by excluding the conversion cost variable. In the formula
used to calculate POSCO's total cost of manufacturing, the exclusion of
the conversion cost variable resulted in POSCO's total cost of
manufacturing being understated. Accordingly, we have determined, in
accordance with section 751(h) of the Act and 19 CFR 351.224(f), that
an unintentional ministerial error was made in the Final Results.
Pursuant to 19 CFR 351.224(e), Commerce is amending the Final Results
to reflect the correction of this ministerial error. Specifically, we
have recalculated POSCO's total cost of manufacturing by including the
missing variable.
The petitioner also alleged that Commerce inadvertently omitted
certain freight expenses that should be used to cap freight revenues in
the home market. In the Final Results, we inadvertently limited the
freight expenses to inland freight--plant/warehouse to customer, while
excluding inland freight--plant to warehouse and warehousing.
Accordingly, we have determined, in accordance with section 751(h) of
the Act and 19 CFR 351.224(f), that an unintentional ministerial error
was made in the Final Results. Pursuant to 19 CFR 351.224(e), Commerce
is amending the Final Results to reflect the correction of this
ministerial error. Specifically, we have recalculated POSCO's home
market freight expenses to include all inland freight, as well as
warehousing, in the formula used to cap POSCO's home market freight
revenues.
Finally, POSCO alleges that Commerce made an inadvertent error in
not including an income adjustment in the calculation of POSCO's
general and administrative (G&A) expense ratio. Accordingly, we have
determined, in accordance with section 751(h) of the Act and 19 CFR
351.224(f), that an unintentional ministerial error was made in the
Final Results. Pursuant to 19 CFR 351.224(e), Commerce is amending the
Final Results to reflect the correction of this ministerial error.
Specifically, we have recalculated POSCO's G&A expense ratio to include
the missing income adjustment.
The revised calculation to correct the errors describe above
changes the cash deposit rate for POSCO from 10.11 percent to 11.10
percent. In addition, because POSCO's dumping margin was used in the
calculation of the rate for non-examined companies in the Final
Results, our corrections to POSCO's calculation results in an
adjustment to the rate for non-examined companies as well, to 8.27
percent. For a detailed discussion of these ministerial errors, as well
as Commerce's analysis of the ministerial error allegations, see the
Ministerial Error Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Ministerial Error Memorandum for the Final
Results of the 2016-2017 Administrative Review of the Antidumping
Duty Order on Certain Hot-Rolled Steel Flat Products from the
Republic of Korea,'' dated concurrently with this notice
(Ministerial Error Memorandum).
---------------------------------------------------------------------------
Amended Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period March 22, 2016 through September
30, 2017:
------------------------------------------------------------------------
Amended final
dumping
Producer or exporter margins
(percent)
------------------------------------------------------------------------
POSCO/POSCO Daewoo Co., Ltd............................. 11.10
Non-examined companies \6\.............................. 8.27
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculation performed for these amended
final results in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------
\6\ The non-examined companies subject to this review are:
Daewoo International Corp.; Dongbu Steel Co., Ltd.; Dongkuk
Industries Co., Ltd.; Marubeni-Itochu Steel Korea; Soon Hong Trading
Co.; and Sungjin Co.
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Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the amended final results of this
review.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\7\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer- (or customer-) specific assessment rates based on
the resulting per-unit rates.\8\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\9\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\10\
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\7\ See 19 CFR 351.212(b)(1).
\8\ Id.
\9\ Id.
\10\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the average of the cash deposit
rates calculated for Hyundai Steel Company (Hyundai Steel) and POSCO.
The amended final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the amended final results of this review and for future deposits of
estimated duties, where applicable.\11\
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\11\ See section 751(a)(2)(C) of the Act.
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Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Hyundai Steel and POSCO,
or the non-examined companies for which the producer did not know that
its merchandise was destined for the United States, we will instruct
CBP to liquidate unreviewed entries at the all-others rate if there is
no rate for the intermediate company(ies) involved in the
transaction.\12\
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\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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[[Page 37990]]
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively, as appropriate, for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after July
9, 2019, the date of publication of the Final Results of this
administrative review, as provided by section 751(a)(2)(C) of the Act:
(1) The cash deposit rate for the companies listed in these amended
final results will be equal to the weighted-average dumping margin
established in the amended final results of this review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding in which
they were reviewed; (3) if the exporter is not a firm covered in this
review or the original less-than-fair-value (LTFV) investigation but
the producer is, the cash deposit rate will be the rate established for
the most recently completed segment of this proceeding for the producer
of the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 5.55 percent,\13\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\13\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
These amended final results and notice are issued and published in
accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: July 29, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-16652 Filed 8-2-19; 8:45 am]
BILLING CODE 3510-DS-P