Fine Denier Polyester Staple Fiber From the Republic of Korea: Amended Final Results of Antidumping Duty Changed Circumstances Review, 65350-65352 [2019-25775]
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
In the Austria investigation,
Commerce published the amended
preliminary determination on June 18,
2019.9 Therefore, the extended
provisional measures period for Austria,
beginning on the date of publication of
the amended preliminary
determination, expires on December 15,
2019. Accordingly, provisional
measures for Austria will likely
continue until and through the day
preceding the date of publication of the
ITC’s injury determinations in the
Federal Register. Suspension of
liquidation will continue on the date of
publication of the ITC’s determination
in the Federal Register, as discussed
above.
Estimated Weighted-Average Dumping
Margins
The weighted-average dumping
margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Producer/exporter
Austria
France
Habich GmbH ................
All Others .......................
Socie´te´ Nouvelle des
Couleurs Zinciques.
All Others .......................
25.90
25.90
32.16
32.16
Notifications to Interested Parties
This notice constitutes the
antidumping duty orders with respect to
strontium chromate from Austria and
France pursuant to section 736(a) of the
Act. Interested parties can find a list of
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are issued and published
in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: November 22, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Scope of the Orders
The merchandise covered by these orders
is strontium chromate, regardless of form
(including but not limited to, powder
(sometimes known as granular), dispersions
(sometimes known as paste), or in any
solution). The chemical formula for
strontium chromate is SrCrO4 and the
Chemical Abstracts Service (CAS) registry
number is 7789–06–2.
Strontium chromate that has been blended
with another product or products is included
in the scope if the resulting mix contains 15
percent or more of strontium chromate by
Austria Amended Preliminary
Determination.
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20:21 Nov 26, 2019
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shipments from LSIS during the POR.2
Specifically, CBP indicated that it found
no shipments by LSIS during the POR.3
Thus, based on record evidence, we
preliminary determine that LSIS had no
shipments during the POR. Consistent
with Commerce’s practice, we find that
it is not appropriate to rescind the
review with respect to LSIS but, rather,
to complete the review and issue
appropriate instructions to CBP based
on the final results of this review.4 This
notice serves as a correction notice.
Dated: November 21, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2019–25774 Filed 11–26–19; 8:45 a.m.]
BILLING CODE 3510–DS–P
[FR Doc. 2019–25776 Filed 11–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Correction to the
Preliminary Results of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Joshua DeMoss or John Drury, 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) 482–3362 or (202) 482–0195,
respectively.
On
October 17, 2019, the Department of
Commerce (Commerce) published the
preliminary results of the 2017–2018
administrative review of the
antidumping order for large power
transformers from the Republic of
Korea. Commerce inadvertently stated
that a weight-average dumping margin
exists for LSIS Co., Ltd (LSIS). LSIS
timely notified Commerce that it had no
exports, sales, or entries during the
period of review (POR), August 1, 2017
to July 31, 2018.1 Commerce issued a
no-shipment inquiry to U.S. Customs
and Border Protection (CBP), and CBP
responded that it found no evidence of
SUPPLEMENTARY INFORMATION:
Appendix
9 See
total formula weight. Products with which
strontium chromate may be blended include,
but are not limited to, water and solvents
such as Aromatic 100 Methyl Amyl Ketone
(MAK)/2-Heptanone, Acetone, Glycol Ether
EB, Naphtha Leicht, and Xylene. Subject
merchandise includes strontium chromate
that has been processed in a third country
into a product that otherwise would be
within the scope of these orders if processed
in the country of manufacture of the in-scope
strontium chromate.
The merchandise subject to these orders is
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheading 2841.50.9100. Subject
merchandise may also enter under HTSUS
subheading 3212.90.0050. While the HTSUS
subheadings and CAS registry number are
provided for convenience and customs
purposes, the written description of the
scope is dispositive.
1 See LSIS’s Letter, ‘‘Large Power Transformers
from the Republic of Korea: LSIS Co., Ltd.’s No
Shipment Letter,’’ dated November 1, 2018.
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International Trade Administration
[A–580–893]
Fine Denier Polyester Staple Fiber
From the Republic of Korea: Amended
Final Results of Antidumping Duty
Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the Final
Results of a changed circumstances
review (CCR) of the antidumping duty
(AD) order on fine denier polyester
staple fiber (PSF) from the Republic of
Korea (Korea) to correct certain
ministerial errors.
DATES: Applicable November 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
2 See Memorandum, ‘‘Large Power Transformers
from the Republic of Korea; 2018–2018
Administrative Review: No Shipment Inquiry with
Respect to LSIS,’’ dated October 16, 2019.
3 Id.
4 See, e.g., Certain Frozen Warmwater Shrimp
From Thailand; Preliminary Results of
Antidumping Duty Administrative Review, Partial
Rescission of Review, Preliminary Determination of
No Shipments; 2012–2013, 79 FR 15951, 15952
(March 24, 2014), unchanged in Certain Frozen
Warmwater Shrimp From Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306
(August 28, 2014); Magnesium Metal From the
Russian Federation: Preliminary Results of
Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in
Magnesium Metal From the Russian Federation:
Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
E:\FR\FM\27NON1.SGM
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0835.
April 1, 2019, the date TCK merged into
TAK.5
SUPPLEMENTARY INFORMATION:
Analysis
Background
We agree with TAK. Thus,
Commerce’s determination that TAK is
the successor-in-interest to TCK means
that as of the effective date of
Commerce’s successor-in-interest
determination, subject merchandise
produced and exported by TAK is not
subject to the antidumping duty order
on PSF from Korea. Therefore, entries of
such merchandise should not be subject
to suspension of liquidation, but should
be liquidated without regard to
antidumping duties. For those entries,
we should not have indicated in the
CCR Final Results that we would
‘‘instruct U.S. Customs and Border
Protection to suspend entries of subject
merchandise produced or exported by
TAK at TCK’s current cash deposit rate
of 0.00 percent’’ (emphasis added)
because: (1) PSF produced and exported
by TAK is entitled to the exclusion that
applies to PSF produced and exported
by TCK; and (2) in the underlying
investigation, Commerce instructed CBP
not to suspend liquidation of entries of
PSF produced and exported by TCK.
On the other hand, for PSF produced
by TCK but exported by another entity
to the United States, or merchandise
produced by another entity, and
exported by TCK to the United States,
TAK is the successor-in-interest to TCK,
but like TCK, TAK’s merchandise would
not be excluded from the AD order on
PSF from Korea.
In the CCR Final Results, we also
indicated that our successor-in-interest
determination would take effect upon
publication of the final results of the
CCR.6 This approach is consistent with
the position taken by Commerce in
other CCRs, including two CCRs
covering the same merger but different
AD orders.7 However, we overlooked
the fact that the instant CCR involved a
company that had merchandise which it
had both produced and exported that
was excluded from the AD order on PSF
from Korea, whereas the other CCRs that
used the publication date as the
effective date involved companies
whose merchandise was subject to an
AD order and had a cash deposit rate,
no matter if they produced and/or
On October 2, 2019, Commerce
published the Final Results of a changed
circumstances review (CCR) of the AD
order on PSF from Korea.1 In those
Final Results, Commerce determined,
based on its successor-in-interest
analysis and evidence that Toray
Chemical Korea, Inc. (TCK) merged into
Toray Advanced Materials Korea, Inc.
(TAK), that TAK is the successor-ininterest to TCK. On October 1, 2019,
TAK alleged that Commerce made
certain ministerial errors in the CCR
Final Results.2
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.’’ 3 Commerce’s regulations
(19 CFR 351.224(e)) provide that
Commerce ‘‘will analyze any comments
received and, if appropriate, correct any
ministerial error by amending . . . the
final results of review . . . .’’
TAK’s Comments
According to TAK, Commerce erred
by stating that it would ‘‘instruct U.S.
Customs and Border Protection to
suspend entries of subject merchandise
produced or exported by TAK at TCK
current cash deposit rate of 0.00
percent’’ because TCK was excluded
from the AD order on PSF from Korea
if it both produced and exported PSF
and entries of such merchandise were
not subject to suspension of liquidation
or cash deposit requirements.4 TAK also
alleges that Commerce erred in making
its successor-in-interest determination
effective upon publication of the final
results of the CCR and not effective
1 See Fine Denier Polyester Staple Fiber (PSF)
from the Republic of Korea: Notice of Final Results
of Antidumping Duty Changed Circumstances
Review, 84 FR 52457 (October 2, 2019) (CCR Final
Results).
2 See TAK’s Letter, ‘‘Fine Denier Polyester Staple
Fiber from the Republic of Korea: Request to Correct
Error in Final Results Notice of Changed
Circumstances Review,’’ dated October 1, 2019
(TAK’s Letter).
3 See 19 CFR 351.224(f).
4 See Fine Denier Polyester Staple Fiber From the
People’s Republic of China, India, the Republic of
Korea, and Taiwan: Antidumping Duty Orders, 83
FR 34545 (July 20, 2018).
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TAK’s Letter.
Final Results.
7 See Certain Polyester Staple Fiber From the
Republic of Korea: Notice of Final Results of
Antidumping Duty Changed Circumstances Review,
84 FR 45124 (August 28, 2019); Low Melt Polyester
Staple Fiber From the Republic of Korea: Notice of
Final Results of Antidumping Duty Changed
Circumstances Review, 84 FR 45129 (August 28,
2019).
65351
exported their own merchandise to the
United States.
In Hot-Rolled Lead and Bismuth
Carbon Steel Products, an interested
party argued that ‘‘the Department’s
determination to apply Glynwed’s
antidumping duty deposit rate to
Niagara prospectively from the
publication date of the final results, is
contrary to the Department’s finding
that Niagara is the successor-in-interest
to Glynwed as of May 21, 1999, and
inconsistent with the retroactive
application of Glynwed’s countervailing
duty deposit rate to Niagara.’’ 8 In
response, Commerce explained that the
effective date was applied retroactively
in the countervailing duty case, because
merchandise produced and exported by
the predecessor company to a successorin-interest was excluded from the order:
The basis for Niagara’s apparent
misunderstanding is that it fails to recognize
that Glenwed, the predecessor company to
Niagara, was excluded, ab initio, from the
countervailing duty order, but has always
been subject to the antidumping duty order.
As such, Glenwed, and now its successor-ininterest Niagara, was never liable for any
estimated cash deposits under the
countervailing duty order. Thus, with the
Department’s determination that Niagara is
the successor-in-interest to Glenwed, Niagara
(like Glenwed) is not now, and never was
subject to the . . . order. Therefore, with
respect to the countervailing duty order, it is
appropriate to apply the changed
circumstances-determination retroactively to
May 21, 1999, the date Glenwed became
Niagara . . . However, with respect to the
antidumping duty order, it is appropriate to
change the estimated cash deposit rate for
Niagara only as of the effective date of the
Department’s final changed-circumstances
determination. Because Glenwed was always
subject to the antidumping duty order, it was
always potentially liable for estimated cash
deposits . . . However, because cash
deposits are only estimates of the amount of
antidumping duties that will be due, changes
in cash deposit rates are not made
retroactive.9
The record shows that TCK merged
into TAK on April 1, 2019.10 Because
there is no other information on the
record calling into question the merger
date, and no parties commented on this
matter, consistent with previous
practice as shown, it is appropriate to
apply the effective date retroactively to
April 1, 2019.
Accordingly, we determine, in
accordance with section 751(h) of the
5 See
6 See
PO 00000
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8 Certain Hot-Rolled Lead and Bismuth Carbon
Steel Products From the United Kingdom: Final
Results of Changed-Circumstances Antidumping
and Countervailing Duty Administrative Reviews,
64 FR 66880–66881 (November 30, 1999) (HotRolled Lead and Bismuth Carbon Steel Products).
9 Id.
10 See TAK’s Letter, ‘‘Changed Circumstances
Review Request,’’ dated May 23, 2019 at Exhibit 2.
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
Act and 19 CFR 351.224(f), that we
made a ministerial error in the CCR
Final Results by stating that we would
instruct CBP to suspend entries of
subject merchandise produced or
exported by TAK at a 0.00 percent cash
deposit rate. In fact, for merchandise
both produced and exported by TAK,
we will instruct CBP not to suspend
liquidation of entries of subject
merchandise because that merchandise
is excluded from the AD order on PSF
from Korea. For those entries, we will
also instruct CBP to liquidate such
entries without regard to antidumping
duties. For entries of merchandise
produced, but not exported, or exported,
but not produced, by TAK, the all-others
rate determined in the underlying
investigation 11 will continue to be
applicable.
With respect to the effective date of
these results of a CCR, also in
accordance with section 751(h) of the
Act and 19 CFR 351.224(f), we
determine further that we made a
ministerial error in the CCR Final
Results when we indicated that the
results would be effective upon
publication of the final results notice,
rather than the date of the merger.
Because some of the merchandise
exported by TAK will be excluded from
the AD order on PSF from Korea, the
effective date should be the date of the
merger. Accordingly, pursuant to 19
CFR 351.224(e), we are amending the
Final Results to correct these errors.
Commerce intends to issue
liquidation instructions to CBP 15 days
after publication of these amended final
results of this CCR instructing CBP to
not suspend liquidation of, and to
liquidate without regarding to
antidumping duties, subject
merchandise produced and exported by
TCK’s successor-in-interest, TAK,
entered, or withdrawn from warehouse,
for consumption on or after April 1,
2019.
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 review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
11 PSF
from Korea Final, 83 FR at 24743.
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Notification to Interested Parties
We are issuing this determination and
publishing these final results and notice
in accordance with sections 751(h) and
777(i) of the Act and 19 CFR 351.224(e).
Dated: November 20, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2019–25775 Filed 11–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Meeting of the Civil Nuclear Trade
Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
This notice sets forth the
schedule and proposed agenda for a
meeting of the Civil Nuclear Trade
Advisory Committee (CINTAC).
DATES: The meeting is scheduled for
Thursday, December 19, 2019, from 2:00
p.m. to 4:00 p.m. Eastern Standard Time
(EST). The deadline for members of the
public to register to participate,
including requests to make comments
during the meeting and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting, is
5:00 p.m. EST on Monday, December
16, 2019.
ADDRESSES: The meeting will be held
via conference call. The call-in number
and passcode will be provided by email
to registrants. Requests to register to
participate (including to speak or for
auxiliary aids) and any written
comments should be submitted to: Mr.
Devin Horne, Office of Energy &
Environmental Industries, International
Trade Administration, Room 28018,
1401 Constitution Ave. NW,
Washington, DC 20230. (Fax: 202–482–
5665; email: devin.horne@trade.gov).
Members of the public are encouraged
to submit registration requests and
written comments via email to ensure
timely receipt.
FOR FURTHER INFORMATION CONTACT: Mr.
Devin Horne, Office of Energy &
Environmental Industries, International
Trade Administration, Room 28018,
1401 Constitution Ave. NW,
Washington, DC 20230. (Phone: 202–
482–0775; Fax: 202–482–5665; email:
devin.horne@trade.gov).
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Background: The CINTAC was
established under the discretionary
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act, as amended, 5
U.S.C. App., in response to an identified
need for consensus advice from U.S.
industry to the U.S. Government
regarding the development and
administration of programs to expand
United States exports of civil nuclear
goods and services in accordance with
applicable U.S. laws and regulations,
including advice on how U.S. civil
nuclear goods and services export
policies, programs, and activities will
affect the U.S. civil nuclear industry’s
competitiveness and ability to
participate in the international market.
The Department of Commerce
renewed the CINTAC charter on August
10, 2018. This meeting is being
convened under the sixth charter of the
CINTAC.
Topics to be considered: The agenda
for the meeting on Thursday, December
19, 2019, CINTAC is as follows:
Discussion of activities related to the
U.S. Department of Commerce’s Civil
Nuclear Trade Initiative.
Members of the public wishing to
attend the meeting must notify Mr.
Devin Horne at the contact information
above by 5:00 p.m. EST on Monday,
December 16, 2019 in order to preregister to participate. Please specify
any requests for reasonable
accommodation at least five business
days in advance of the meeting. Last
minute requests will be accepted but
may not receive a timely response. A
limited amount of time will be available
for brief 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 (2) minutes per
person, with a total public comment
period of 20 minutes. Individuals
wishing to reserve speaking time during
the meeting must contact Mr. Horne and
submit a brief statement of the general
nature of the comments and the name
and address of the proposed participant
by 5:00 p.m. EST on Monday, December
16, 2019. If the number of registrants
requesting to make statements is greater
than can be reasonably accommodated
during the meeting, ITA may conduct a
lottery to determine the speakers.
Any member of the public may
submit written comments concerning
the CINTAC’s affairs at any time before
and after the meeting. Comments may
be submitted to the Civil Nuclear Trade
Advisory Committee, Office of Energy &
Environmental Industries, Room 28018,
1401 Constitution Ave. NW,
Washington, DC 20230. For
E:\FR\FM\27NON1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65350-65352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25775]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-893]
Fine Denier Polyester Staple Fiber From the Republic of Korea:
Amended Final Results of Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the Final
Results of a changed circumstances review (CCR) of the antidumping duty
(AD) order on fine denier polyester staple fiber (PSF) from the
Republic of Korea (Korea) to correct certain ministerial errors.
DATES: Applicable November 27, 2019.
FOR FURTHER INFORMATION CONTACT: Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401
[[Page 65351]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0835.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 2019, Commerce published the Final Results of a
changed circumstances review (CCR) of the AD order on PSF from
Korea.\1\ In those Final Results, Commerce determined, based on its
successor-in-interest analysis and evidence that Toray Chemical Korea,
Inc. (TCK) merged into Toray Advanced Materials Korea, Inc. (TAK), that
TAK is the successor-in-interest to TCK. On October 1, 2019, TAK
alleged that Commerce made certain ministerial errors in the CCR Final
Results.\2\
---------------------------------------------------------------------------
\1\ See Fine Denier Polyester Staple Fiber (PSF) from the
Republic of Korea: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 84 FR 52457 (October 2, 2019) (CCR
Final Results).
\2\ See TAK's Letter, ``Fine Denier Polyester Staple Fiber from
the Republic of Korea: Request to Correct Error in Final Results
Notice of Changed Circumstances Review,'' dated October 1, 2019
(TAK's Letter).
---------------------------------------------------------------------------
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.'' \3\ Commerce's regulations (19 CFR 351.224(e)) provide
that Commerce ``will analyze any comments received and, if appropriate,
correct any ministerial error by amending . . . the final results of
review . . . .''
---------------------------------------------------------------------------
\3\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------
TAK's Comments
According to TAK, Commerce erred by stating that it would
``instruct U.S. Customs and Border Protection to suspend entries of
subject merchandise produced or exported by TAK at TCK current cash
deposit rate of 0.00 percent'' because TCK was excluded from the AD
order on PSF from Korea if it both produced and exported PSF and
entries of such merchandise were not subject to suspension of
liquidation or cash deposit requirements.\4\ TAK also alleges that
Commerce erred in making its successor-in-interest determination
effective upon publication of the final results of the CCR and not
effective April 1, 2019, the date TCK merged into TAK.\5\
---------------------------------------------------------------------------
\4\ See Fine Denier Polyester Staple Fiber From the People's
Republic of China, India, the Republic of Korea, and Taiwan:
Antidumping Duty Orders, 83 FR 34545 (July 20, 2018).
\5\ See TAK's Letter.
---------------------------------------------------------------------------
Analysis
We agree with TAK. Thus, Commerce's determination that TAK is the
successor-in-interest to TCK means that as of the effective date of
Commerce's successor-in-interest determination, subject merchandise
produced and exported by TAK is not subject to the antidumping duty
order on PSF from Korea. Therefore, entries of such merchandise should
not be subject to suspension of liquidation, but should be liquidated
without regard to antidumping duties. For those entries, we should not
have indicated in the CCR Final Results that we would ``instruct U.S.
Customs and Border Protection to suspend entries of subject merchandise
produced or exported by TAK at TCK's current cash deposit rate of 0.00
percent'' (emphasis added) because: (1) PSF produced and exported by
TAK is entitled to the exclusion that applies to PSF produced and
exported by TCK; and (2) in the underlying investigation, Commerce
instructed CBP not to suspend liquidation of entries of PSF produced
and exported by TCK.
On the other hand, for PSF produced by TCK but exported by another
entity to the United States, or merchandise produced by another entity,
and exported by TCK to the United States, TAK is the successor-in-
interest to TCK, but like TCK, TAK's merchandise would not be excluded
from the AD order on PSF from Korea.
In the CCR Final Results, we also indicated that our successor-in-
interest determination would take effect upon publication of the final
results of the CCR.\6\ This approach is consistent with the position
taken by Commerce in other CCRs, including two CCRs covering the same
merger but different AD orders.\7\ However, we overlooked the fact that
the instant CCR involved a company that had merchandise which it had
both produced and exported that was excluded from the AD order on PSF
from Korea, whereas the other CCRs that used the publication date as
the effective date involved companies whose merchandise was subject to
an AD order and had a cash deposit rate, no matter if they produced
and/or exported their own merchandise to the United States.
---------------------------------------------------------------------------
\6\ See Final Results.
\7\ See Certain Polyester Staple Fiber From the Republic of
Korea: Notice of Final Results of Antidumping Duty Changed
Circumstances Review, 84 FR 45124 (August 28, 2019); Low Melt
Polyester Staple Fiber From the Republic of Korea: Notice of Final
Results of Antidumping Duty Changed Circumstances Review, 84 FR
45129 (August 28, 2019).
---------------------------------------------------------------------------
In Hot-Rolled Lead and Bismuth Carbon Steel Products, an interested
party argued that ``the Department's determination to apply Glynwed's
antidumping duty deposit rate to Niagara prospectively from the
publication date of the final results, is contrary to the Department's
finding that Niagara is the successor-in-interest to Glynwed as of May
21, 1999, and inconsistent with the retroactive application of
Glynwed's countervailing duty deposit rate to Niagara.'' \8\ In
response, Commerce explained that the effective date was applied
retroactively in the countervailing duty case, because merchandise
produced and exported by the predecessor company to a successor-in-
interest was excluded from the order:
---------------------------------------------------------------------------
\8\ Certain Hot-Rolled Lead and Bismuth Carbon Steel Products
From the United Kingdom: Final Results of Changed-Circumstances
Antidumping and Countervailing Duty Administrative Reviews, 64 FR
66880-66881 (November 30, 1999) (Hot-Rolled Lead and Bismuth Carbon
Steel Products).
The basis for Niagara's apparent misunderstanding is that it
fails to recognize that Glenwed, the predecessor company to Niagara,
was excluded, ab initio, from the countervailing duty order, but has
always been subject to the antidumping duty order. As such, Glenwed,
and now its successor-in-interest Niagara, was never liable for any
estimated cash deposits under the countervailing duty order. Thus,
with the Department's determination that Niagara is the successor-
in-interest to Glenwed, Niagara (like Glenwed) is not now, and never
was subject to the . . . order. Therefore, with respect to the
countervailing duty order, it is appropriate to apply the changed
circumstances-determination retroactively to May 21, 1999, the date
Glenwed became Niagara . . . However, with respect to the
antidumping duty order, it is appropriate to change the estimated
cash deposit rate for Niagara only as of the effective date of the
Department's final changed-circumstances determination. Because
Glenwed was always subject to the antidumping duty order, it was
always potentially liable for estimated cash deposits . . . However,
because cash deposits are only estimates of the amount of
antidumping duties that will be due, changes in cash deposit rates
are not made retroactive.\9\
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\9\ Id.
The record shows that TCK merged into TAK on April 1, 2019.\10\
Because there is no other information on the record calling into
question the merger date, and no parties commented on this matter,
consistent with previous practice as shown, it is appropriate to apply
the effective date retroactively to April 1, 2019.
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\10\ See TAK's Letter, ``Changed Circumstances Review Request,''
dated May 23, 2019 at Exhibit 2.
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Accordingly, we determine, in accordance with section 751(h) of the
[[Page 65352]]
Act and 19 CFR 351.224(f), that we made a ministerial error in the CCR
Final Results by stating that we would instruct CBP to suspend entries
of subject merchandise produced or exported by TAK at a 0.00 percent
cash deposit rate. In fact, for merchandise both produced and exported
by TAK, we will instruct CBP not to suspend liquidation of entries of
subject merchandise because that merchandise is excluded from the AD
order on PSF from Korea. For those entries, we will also instruct CBP
to liquidate such entries without regard to antidumping duties. For
entries of merchandise produced, but not exported, or exported, but not
produced, by TAK, the all-others rate determined in the underlying
investigation \11\ will continue to be applicable.
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\11\ PSF from Korea Final, 83 FR at 24743.
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With respect to the effective date of these results of a CCR, also
in accordance with section 751(h) of the Act and 19 CFR 351.224(f), we
determine further that we made a ministerial error in the CCR Final
Results when we indicated that the results would be effective upon
publication of the final results notice, rather than the date of the
merger. Because some of the merchandise exported by TAK will be
excluded from the AD order on PSF from Korea, the effective date should
be the date of the merger. Accordingly, pursuant to 19 CFR 351.224(e),
we are amending the Final Results to correct these errors.
Commerce intends to issue liquidation instructions to CBP 15 days
after publication of these amended final results of this CCR
instructing CBP to not suspend liquidation of, and to liquidate without
regarding to antidumping duties, subject merchandise produced and
exported by TCK's successor-in-interest, TAK, entered, or withdrawn
from warehouse, for consumption on or after April 1, 2019.
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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification to Interested Parties
We are issuing this determination and publishing these final
results and notice in accordance with sections 751(h) and 777(i) of the
Act and 19 CFR 351.224(e).
Dated: November 20, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-25775 Filed 11-26-19; 8:45 am]
BILLING CODE 3510-DS-P
