Certain Uncoated Paper From Portugal: Amended Final Results of Antidumping Duty Administrative Review; 2017-2018, 71376-71377 [2019-27935]
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71376
Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices
11. Iquique Disc, Inc., Seattle, WA
12. M/V Savage, Inc., Seattle, WA
13. North Pacific Fishing, LLC,
Kirkland, WA
14. North Star Fishing Company LLC,
Seattle, WA
15. North Star Vessel, LLC, Seattle, WA
16. O’Hara Corporation, Rockland, ME
17. O’Hara DISC, Inc., Rockland, ME
18. Ocean Peace, Inc., Seattle, WA
19. Rebecca Irene Vessel, LLC, Seattle,
WA
20. The Fishing Company of Alaska,
Inc., Seattle, WA
21. Unimak Vessel, LLC, Seattle, WA
22. United States Seafoods, LLC, Seattle,
WA
23. US Fishing, LLC, Kirkland, WA
24. USS International, Inc., Seattle, WA
The effective date of the Certificate is
September 24, 2019, the date on which
AGC’s application was deemed
submitted.
Dated: December 19, 2019.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2019–27867 Filed 12–26–19; 8:45 am]
Ministerial Error
DEPARTMENT OF COMMERCE
International Trade Administration
[A–471–807]
Certain Uncoated Paper From
Portugal: Amended Final Results of
Antidumping Duty Administrative
Review; 2017–2018
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 uncoated paper (uncoated paper)
from Portugal to correct a ministerial
error.
AGENCY:
DATES:
Applicable December 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Rachel Greenberg, or Robert Scully, 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) 482–0652 or (202) 482–0572,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 20, 2019, Commerce
published in Final Results of the second
VerDate Sep<11>2014
18:44 Dec 26, 2019
Jkt 250001
Amended Final Results of the Review
As a result of correcting the
ministerial error described above, we
determine that the weighted-average
dumping margin for Navigator exists for
the period March 1, 2017 through
February 28, 2018:
Exporter/producer
Weightedaverage
dumping margin
(percent)
The Navigator Company, S.A
4.37
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 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. . . .’’
BILLING CODE 3510–DR–P
jbell on DSKJLSW7X2PROD with NOTICES
administrative review of the AD order
on uncoated paper from Portugal and
completed the disclosure of all
calculation materials to interested
parties.1 On November 19, 2019, The
Navigator Company S.A. (Navigator),
the mandatory respondent in this
administrative review, timely filed a
ministerial error allegation regarding the
Final Results.2
Commerce committed an inadvertent
error within the meaning of section
751(h) of the Act and 19 CFR 351.224(f),
by failing to use the most current
databases to calculate the margin, which
incorporated ‘‘minor corrections’’
accepted by Commerce during
verification.4 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 now revised the
calculation to include the latest version
of Navigator’s databases. This correction
results in a change to Navigator’s
weighted-average dumping margin. For
a detailed discussion of this ministerial
error, as well as Commerce’s analysis,
see Ministerial Error Memorandum.5
1 See Certain Uncoated Paper From Portugal:
Final Results of the Antidumping Duty
Administrative Review; 2017–2018, 84 FR 64040
(November 20, 2019) (Final Results).
2 See Navigator’s Letter, ‘‘Certain Uncoated Paper
from Portugal: Ministerial Error Allegation,’’ dated
November 19, 2019.
3 See 19 CFR 351.224(f).
4 See Memorandum, ‘‘Verification of the Sales
Response of The Navigator Company, S.A. in the
Antidumping Duty Administrative Review of
Certain Uncoated Paper From Portugal,’’ dated
August 21, 2019, at 1–2 and VE–1.
5 See Memorandum, ‘‘Amended Final Results of
the 2017–2018 Administrative Review of the
Antidumping Duty Order of Certain Uncoated Paper
from Portugal: Allegations of Ministerial Error’’
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
Disclosure
We intend to disclose the calculation
performed for these amended final
results in accordance with 19 CFR
351.224(b).
Antidumping Duty Assessment
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, 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.
Pursuant to 19 CFR351.212(b)(1), we
will calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of antidumping
duties calculated for each importer’s
examined sales and the total entered
value of the sales. For entries of subject
merchandise during the period of
review 6 produced by the respondent for
which it did not know 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. We intend to issue
liquidation instructions to CBP 15 days
after publication of this notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after November 20,
2019, the date of the publication of the
Final Results, as provided by section
751(a)(2)(c) of the Act: (1) The cash
deposit rate for each specific company
listed above will be that established in
the amended final results; (2) for
previously reviewed or investigated
companies, including those for which
(Ministerial Error Memorandum) (December 17,
2019).
6 The period of review is March 1, 2018 through
February 28, 2019.
E:\FR\FM\27DEN1.SGM
27DEN1
Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices
Commerce may have determined had no
shipments during the period of review,
the cash deposit will continue to be the
company-specific rate published for the
most recent completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this or an earlier review,
or the original-less-than-fair-value
(LTFV) investigation, but the
manufacturer is, then the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the manufacturer of the
merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previously
completed segment of this proceeding,
then the cash deposit rate will be the
all-others rate of 7.80 percent
established in the LTFV investigation.7
These deposit requirements, when
imposed, shall remain in effect until
further notice.
[FR Doc. 2019–27935 Filed 12–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–045]
1-Hydroxyethylidene-1, 1Diphosphonic Acid From the People’s
Republic of China: Notice of Court
Decision Not in Harmony With Final
Determination and Notice of Amended
Final Determination of Antidumping
Duty Investigation
This notice serves as a reminder to
parties subject to administrative
protective order (APO) to their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 10, 2019, the
United States Court of International
Trade (the Court) sustained the final
results of redetermination pertaining to
the antidumping duty (AD)
investigation of 1-Hydroxyethylidene-1,
1-Diphosphonic Acid (HEDP) from the
People’s Republic of China (China)
covering the period July 1, 2015 through
December 31, 2015. The Department of
Commerce (Commerce) is notifying the
public that the final judgment in this
case is not in harmony with the results
of the final determination and
subsequent amended final
determination, and that Commerce is
amending the final determination with
respect to the margin assigned to
Nanjing University of Chemical
Technology Changzhou Wujin Water
Quality Stabilizer Factory and Nantong
Uniphos Chemicals Co., Ltd.
(collectively, WW Group).
DATES: Applicable December 20, 2019.
FOR FURTHER INFORMATION CONTACT:
Raymond Lowman, 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) 482–7459.
SUPPLEMENTARY INFORMATION:
Notification to Interested Parties
Background
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).
On March 23, 2017, Commerce
published its Final Determination in the
investigation of HEDP from China.1 On
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 251.402(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.
Administrative Protective Order
jbell on DSKJLSW7X2PROD with NOTICES
Dated: December 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
7 See Certain Uncoated Paper From Portugal:
Final Determination of Sales at Less than Fair
Value and Final Negative Determination of Critical
Circumstances, 81 FR 3105 (January 20, 2016).
VerDate Sep<11>2014
18:44 Dec 26, 2019
Jkt 250001
AGENCY:
1 See 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid From the Peoples Republic of China: Final
Determination of Sales at Less Than Fair Value, 82
FR 14876 (March 23, 2017) (Final Determination),
and accompanying Issues and Decision
Memorandum.
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
71377
May 18, 2017, Commerce amended the
Final Determination to correct
ministerial errors.2 On May 10, 2018, at
the request of Commerce, the Court
remanded the Final Determination to
Commerce to reconsider two issues: (1)
Commerce’s use of the financial
statement from CYDSA S.A.B. de C.V.
(CYDSA) for purposes of calculating
surrogate financial ratios, and (2)
Commerce’s calculation of the surrogate
value for ocean freight.3 On remand,
Commerce found that reliance on
CYDSA’s financial statement was
appropriate, and revised its ocean
freight calculation to ensure that it did
not double count certain fees.4 On
December 10, 2019, the Court sustained
Commerce’s determination, finding that
Commerce’s decision that CYDSA’s
financial statement was the best
available information to calculate
surrogate financial ratios and
Commerce’s determination of a
surrogate value for ocean freight are
supported by substantial evidence and
in accordance with the law.5
Timken Notice
In its decision in Timken,6 as clarified
by Diamond Sawblades,7 the Court of
Appeals for the Federal Circuit (CAFC)
held that, pursuant to section 516A of
the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice
of a court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The
Court’s December 10, 2019 judgment
sustaining the Final Remand
Redetermination constitutes a final
decision of the Court that is not in
harmony with Commerce’s Final
Determination. This notice is published
in fulfillment of the publication
requirements of Timken.
2 See 1-Hydroxyethylidene-1, 1-Diphosphonic
Acid From the Peoples Republic of China: Amended
Final Determination of Sales at Less Than Fair
Value, and Antidumping Duty Order, 82 FR 22807
(May 18, 2017).
3 See Nantong Uniphos Chemicals Co., Ltd., et al.
v. United States, CIT Court No. 17–00151, Slip Op.
19–156 (December 10, 2019), at 2 n.2.
4 See Final Results of Voluntary Redetermination
Pursuant to Remand Nantong Uniphos Chemicals
Co., Ltd., et al. v. United States, Consol. Court No.
17–00151 (July 2018) (Final Remand
Redetermination).
5 See Nantong Uniphos Chemicals Co., Ltd., et al.
v. United States, CIT Court No. 17–00151, Slip Op.
19–156 (December 10, 2019).
6 See Timken Co., v. United States, 893 F. 2d 337
(Fed. Cir. 1990) (Timken).
7 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F. 3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
E:\FR\FM\27DEN1.SGM
27DEN1
]]>Agencies
[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71376-71377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27935]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-471-807]
Certain Uncoated Paper From Portugal: Amended Final Results of
Antidumping Duty Administrative Review; 2017-2018
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 uncoated paper (uncoated paper) from Portugal to correct a
ministerial error.
DATES: Applicable December 27, 2019.
FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, or Robert Scully,
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) 482-0652 or (202)
482-0572, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 20, 2019, Commerce published in Final Results of the
second administrative review of the AD order on uncoated paper from
Portugal and completed the disclosure of all calculation materials to
interested parties.\1\ On November 19, 2019, The Navigator Company S.A.
(Navigator), the mandatory respondent in this administrative review,
timely filed a ministerial error allegation regarding the Final
Results.\2\
---------------------------------------------------------------------------
\1\ See Certain Uncoated Paper From Portugal: Final Results of
the Antidumping Duty Administrative Review; 2017-2018, 84 FR 64040
(November 20, 2019) (Final Results).
\2\ See Navigator's Letter, ``Certain Uncoated Paper from
Portugal: Ministerial Error Allegation,'' dated November 19, 2019.
---------------------------------------------------------------------------
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\ 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. . . .''
---------------------------------------------------------------------------
\3\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Error
Commerce committed an inadvertent error within the meaning of
section 751(h) of the Act and 19 CFR 351.224(f), by failing to use the
most current databases to calculate the margin, which incorporated
``minor corrections'' accepted by Commerce during verification.\4\
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 now revised the calculation to
include the latest version of Navigator's databases. This correction
results in a change to Navigator's weighted-average dumping margin. For
a detailed discussion of this ministerial error, as well as Commerce's
analysis, see Ministerial Error Memorandum.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Verification of the Sales Response of The
Navigator Company, S.A. in the Antidumping Duty Administrative
Review of Certain Uncoated Paper From Portugal,'' dated August 21,
2019, at 1-2 and VE-1.
\5\ See Memorandum, ``Amended Final Results of the 2017-2018
Administrative Review of the Antidumping Duty Order of Certain
Uncoated Paper from Portugal: Allegations of Ministerial Error''
(Ministerial Error Memorandum) (December 17, 2019).
---------------------------------------------------------------------------
Amended Final Results of the Review
As a result of correcting the ministerial error described above, we
determine that the weighted-average dumping margin for Navigator exists
for the period March 1, 2017 through February 28, 2018:
------------------------------------------------------------------------
Weighted-
average dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
The Navigator Company, S.A............................. 4.37
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculation performed for these amended
final results in accordance with 19 CFR 351.224(b).
Antidumping Duty Assessment
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, 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.
Pursuant to 19 CFR351.212(b)(1), we will calculate importer-
specific assessment rates on the basis of the ratio of the total amount
of antidumping duties calculated for each importer's examined sales and
the total entered value of the sales. For entries of subject
merchandise during the period of review \6\ produced by the respondent
for which it did not know 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. We intend to issue liquidation
instructions to CBP 15 days after publication of this notice.
---------------------------------------------------------------------------
\6\ The period of review is March 1, 2018 through February 28,
2019.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after November 20,
2019, the date of the publication of the Final Results, as provided by
section 751(a)(2)(c) of the Act: (1) The cash deposit rate for each
specific company listed above will be that established in the amended
final results; (2) for previously reviewed or investigated companies,
including those for which
[[Page 71377]]
Commerce may have determined had no shipments during the period of
review, the cash deposit will continue to be the company-specific rate
published for the most recent completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this or an earlier review, or the original-less-than-fair-
value (LTFV) investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recently
completed segment of this proceeding for the manufacturer of the
merchandise; and (4) if neither the exporter nor the manufacturer is a
firm covered in this or any previously completed segment of this
proceeding, then the cash deposit rate will be the all-others rate of
7.80 percent established in the LTFV investigation.\7\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\7\ See Certain Uncoated Paper From Portugal: Final
Determination of Sales at Less than Fair Value and Final Negative
Determination of Critical Circumstances, 81 FR 3105 (January 20,
2016).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 251.402(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.
Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (APO) to their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
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: December 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-27935 Filed 12-26-19; 8:45 am]
BILLING CODE 3510-DS-P
