Certain Corrosion-Resistant Steel Products From Taiwan: Amended Final Results of Antidumping Duty Administrative Review; 2017-2018, 23758-23759 [2020-09104]

Download as PDF 23758 Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Notices publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction 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 the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(l) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: April 20, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. jbell on DSKJLSW7X2PROD with NOTICES Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Separate Rates VI. Discussion of the Issues Comment 1: Whether to Calculate a Margin for NTSF Comment 2: Selection of Surrogate Country Comment 3: Applying Adverse Facts Available (AFA) to NTSF Vinh Long’s Farming Factors Comment 4: Surrogate Value (SV) for Movement Expenses Comment 5: Net-to-Gross-Weight Conversion for Movement Expenses Comment 6: Whether to Grant IDI a Separate Rate VII. Recommendation VerDate Sep<11>2014 20:00 Apr 28, 2020 Jkt 250001 Appendix II The Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty (AD) order on certain corrosion-resistant steel products (CORE) from Taiwan to correct a ministerial error. DATES: Applicable April 29, 2020. FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6386. SUPPLEMENTARY INFORMATION: SUMMARY: Vietnam-wide Entity 1. An Giang Agriculture and Food ImportExport Joint Stock Company (also known as Afiex, An Giang Agriculture and Foods Import-Export Joint Stock Company, An Giang Agriculture and Food Import-Export Company, An Giang Agriculture and Foods Import and Export Company, or An Giang Agriculture and Foods Import-Export Company) 2. An My Fish Joint Stock Company (also known as Anmyfish or Anmyfishco) 3. An Phu Seafood Corporation (also known as ASEAFOOD or An Phu Seafood Corp.) 4. Asia Commerce Fisheries Joint Stock Company (also known as Acomfish JSC or Acomfish) 5. Binh An Seafood Joint Stock Company (also known as Binh An or Binh An Seafood Joint Stock Co.) 6. Cuu Long Fish Import-Export Corporation (also known as CL Panga Fish) 7. Cuu Long Fish Joint Stock Company (also known as CL-Fish, CL–FISH CORP, or Cuu Long Fish Joint Stock Company) 8. Da Nang Seaproducts Import-Export Corporation (also known as Da Nang or Da Nang Seaproducts Import/Export Corp.) 9. East Sea Seafoods LLC (also known as ESS LLC, ESS, ESS JVC, East Sea Seafoods Limited Liability Company, East Sea Seafoods Joint Venture Co., Ltd.) 10. Hiep Thanh Seafood Joint Stock Company (also known as Hiep Thanh or Hiep Thanh Seafood Joint Stock Co.) 11. International Development & Investment Corporation (also known as IDI or International Development and Investment Corporation) 12. Ngoc Ha Co. Ltd. Food Processing and Trading (also known as Ngoc Ha or Ngoc Ha Co., Ltd. Foods Processing and Trading) 13. Quang Minh Seafood Company Limited (also known as Quang Minh, Quang Minh Seafood Co., Ltd., or Quang Minh Seafood Co.) 14. Saigon-Mekong Fishery Co., Ltd. (also known as SAMEFICO or Saigon Mekong Fishery Co., Ltd.) 15. Sunrise Corporation 16. TG Fishery Holdings Corporation (also known as TG) [FR Doc. 2020–09089 Filed 4–28–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Background On March 24, 2020, Commerce published its Final Results of the second administrative review of the AD order on CORE from Taiwan.1 On March 20, 2020, Prosperity Tieh Enterprise Co., Ltd. (Prosperity), one of the respondents in this administrative review, timely submitted comments alleging a ministerial error in Commerce’s 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 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. . . .’’ Ministerial Error Commerce committed an inadvertent, unintentional error within the meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect to our treatment of certain U.S. sales that were invoiced prior to the imposition of section 232 duties but entered after the imposition of the 232 duties. Specifically, we inadvertently treated the amount that Prosperity charged its customers to cover 232 duties as the amount of 232 [A–583–856] Certain Corrosion-Resistant Steel Products From Taiwan: Amended Final Results of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 1 See Certain Corrosion-Resistant Steel Products from Taiwan: Final Results of Antidumping Duty Administrative Review; 2017–2018, 85 FR 16613 (March 24, 2020) (Final Results). 2 See Prosperity’s Letter, ‘‘Corrosion-Resistant Steel Products from Taiwan, 7/1/2017–6/30/2018 Administrative Review, Case No. A–583–856: Ministerial Error Comments,’’ dated March 20, 2020. 3 See 19 CFR 351.224(f). E:\FR\FM\29APN1.SGM 29APN1 Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Notices Cash Deposit Requirements The following cash deposit requirements will be effective retroactively for all shipments of subject merchandise that entered, or withdrawn from warehouse, for consumption on or after the March 24, 2020, the date of publication of the Final Results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Prosperity will be equal to the weighted-average dumping margin established in these amended final results of review; (2) for previously reviewed or investigated Amended Final Results of the Review companies, including those for which Commerce may have determined they As a result of correcting the had no shipments during the POR, the ministerial error described above, cash deposit rate will continue to be the Commerce determines that, for the company-specific rate published for the period of July 1, 2017 through June 30, most recently completed segment of this 2018, the following weighted-average proceeding; (3) if the exporter is not a dumping margin exists: firm covered in this review or another completed segment of this proceeding, Weightedaverage but the manufacturer is, then the cash Exporter/producer dumping deposit rate will be the rate established margin for the most recently completed segment (percent) of this proceeding for the manufacturer of the merchandise; and (4) if neither Prosperity Tieh Enterprise Co., Ltd ............................. 0.60 the exporter nor the manufacturer is a firm covered in this or any previously completed segment of this proceeding, Disclosure then the cash deposit rate will be the ‘‘all-others’’ rate of 3.66 percent We intend to disclose the calculation established in the amended final of the performed for these amended final less-than-fair-value investigation.6 results in accordance with 19 CFR These cash deposit requirements, when 351.224(b). imposed, shall remain in effect until Antidumping Duty Assessment further notice. duties paid, and therefore mistakenly reduced, rather than increased, U.S. price by that amount. Accordingly, Commerce determines that, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), it made a ministerial error 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 in the calculation of the final margin assigned to Prosperity, which changes from 3.48 percent to 0.60 percent.4 jbell on DSKJLSW7X2PROD with NOTICES Normally, Commerce would issue appropriate assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these amended final results of review, to liquidate shipments of subject merchandise produced and/or exported by Prosperity entered, or withdrawn from warehouse, for consumption during the July 1, 2017 through June 30, 2018 period of review. However, on April 8, 2020, the Court enjoined liquidation of entries produced and exported by Prosperity, and imported by Prosperity Tieh USA, that are subject to the Final Results.5 Accordingly, Commerce will not instruct CBP to assess antidumping duties on those enjoined entries pending resolution of the associated liquidation. 4 See Memorandum, ‘‘Certain Corrosion-Resistant Steel Products from Taiwan: Prosperity Tieh Enterprise Co., Ltd.—Amended Final Results Calculation in the 2017–2018 Antidumping Duty Administrative Review,’’ dated concurrently with this decision. 5 The Court issued a statutory injunction under case number 16–00138 (April 8, 2020). VerDate Sep<11>2014 20:00 Apr 28, 2020 Jkt 250001 Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance 6 See Corrosion-Resistant Steel Products from Taiwan: Notice of Court Decision Not in Harmony With Final Determination of Antidumping Duty Investigation and Notice of Amended Final Determination of Investigation, 84 FR 6129 (February 26, 2019). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 23759 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 or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties The 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: April 23, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–09104 Filed 4–28–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–114] Certain Glass Containers From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain glass containers (glass containers) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2019 through June 30, 2019. Interested parties are invited to comment on this preliminary determination. DATES: Applicable April 29, 2020. FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Aleksandras Nakutis, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6412 or (202) 482–3147, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation E:\FR\FM\29APN1.SGM 29APN1

Agencies

[Federal Register Volume 85, Number 83 (Wednesday, April 29, 2020)]
[Notices]
[Pages 23758-23759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09104]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-856]


Certain Corrosion-Resistant Steel Products From Taiwan: 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 corrosion-resistant steel products (CORE) from Taiwan to 
correct a ministerial error.

DATES: Applicable April 29, 2020.

FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-6386.

SUPPLEMENTARY INFORMATION:

Background

    On March 24, 2020, Commerce published its Final Results of the 
second administrative review of the AD order on CORE from Taiwan.\1\ On 
March 20, 2020, Prosperity Tieh Enterprise Co., Ltd. (Prosperity), one 
of the respondents in this administrative review, timely submitted 
comments alleging a ministerial error in Commerce's Final Results.\2\
---------------------------------------------------------------------------

    \1\ See Certain Corrosion-Resistant Steel Products from Taiwan: 
Final Results of Antidumping Duty Administrative Review; 2017-2018, 
85 FR 16613 (March 24, 2020) (Final Results).
    \2\ See Prosperity's Letter, ``Corrosion-Resistant Steel 
Products from Taiwan, 7/1/2017-6/30/2018 Administrative Review, Case 
No. A-583-856: Ministerial Error Comments,'' dated March 20, 2020.
---------------------------------------------------------------------------

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, unintentional error within the 
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect 
to our treatment of certain U.S. sales that were invoiced prior to the 
imposition of section 232 duties but entered after the imposition of 
the 232 duties. Specifically, we inadvertently treated the amount that 
Prosperity charged its customers to cover 232 duties as the amount of 
232

[[Page 23759]]

duties paid, and therefore mistakenly reduced, rather than increased, 
U.S. price by that amount. Accordingly, Commerce determines that, in 
accordance with section 751(h) of the Act and 19 CFR 351.224(e), it 
made a ministerial error 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 in the calculation of the final 
margin assigned to Prosperity, which changes from 3.48 percent to 0.60 
percent.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Certain Corrosion-Resistant Steel Products 
from Taiwan: Prosperity Tieh Enterprise Co., Ltd.--Amended Final 
Results Calculation in the 2017-2018 Antidumping Duty Administrative 
Review,'' dated concurrently with this decision.
---------------------------------------------------------------------------

Amended Final Results of the Review

    As a result of correcting the ministerial error described above, 
Commerce determines that, for the period of July 1, 2017 through June 
30, 2018, the following weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd.....................            0.60
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculation performed for these amended 
final results in accordance with 19 CFR 351.224(b).

Antidumping Duty Assessment

    Normally, Commerce would issue appropriate assessment instructions 
to U.S. Customs and Border Protection (CBP) 15 days after the date of 
publication of these amended final results of review, to liquidate 
shipments of subject merchandise produced and/or exported by Prosperity 
entered, or withdrawn from warehouse, for consumption during the July 
1, 2017 through June 30, 2018 period of review. However, on April 8, 
2020, the Court enjoined liquidation of entries produced and exported 
by Prosperity, and imported by Prosperity Tieh USA, that are subject to 
the Final Results.\5\ Accordingly, Commerce will not instruct CBP to 
assess antidumping duties on those enjoined entries pending resolution 
of the associated liquidation.
---------------------------------------------------------------------------

    \5\ The Court issued a statutory injunction under case number 
16-00138 (April 8, 2020).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively for all shipments of subject merchandise that entered, or 
withdrawn from warehouse, for consumption on or after the March 24, 
2020, the date of publication of the Final Results of this 
administrative review, as provided for by section 751(a)(2)(C) of the 
Act: (1) The cash deposit rate for Prosperity will be equal to the 
weighted-average dumping margin established in these amended final 
results of review; (2) for previously reviewed or investigated 
companies, including those for which Commerce may have determined they 
had no shipments during the POR, the cash deposit rate will continue to 
be the company-specific rate published for the most recently completed 
segment of this proceeding; (3) if the exporter is not a firm covered 
in this review or another completed segment of this proceeding, 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 3.66 percent established in the 
amended final of the less-than-fair-value investigation.\6\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \6\ See Corrosion-Resistant Steel Products from Taiwan: Notice 
of Court Decision Not in Harmony With Final Determination of 
Antidumping Duty Investigation and Notice of Amended Final 
Determination of Investigation, 84 FR 6129 (February 26, 2019).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of 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 or destruction of APO materials 
or conversion to judicial protective order is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.

Notification to Interested Parties

    The 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: April 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-09104 Filed 4-28-20; 8:45 am]
BILLING CODE 3510-DS-P