Fine Denier Polyester Staple Fiber From the Republic of Korea: Amended Final Results of Antidumping Duty Changed Circumstances Review, 65350-65352 [2019-25775]

Download as PDF 65350 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 http://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. VerDate Sep<11>2014 20:21 Nov 26, 2019 Jkt 250001 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. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 27NON1 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). VerDate Sep<11>2014 20:21 Nov 26, 2019 Jkt 250001 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 Frm 00005 Fmt 4703 Sfmt 4703 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. E:\FR\FM\27NON1.SGM 27NON1 65352 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. VerDate Sep<11>2014 20:21 Nov 26, 2019 Jkt 250001 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: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 27NON1

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \10\ See TAK's Letter, ``Changed Circumstances Review Request,'' 
dated May 23, 2019 at Exhibit 2.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \11\ PSF from Korea Final, 83 FR at 24743.
---------------------------------------------------------------------------

    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