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