Certain Corrosion-Resistant Steel Products From Taiwan: Amended Final Results of Antidumping Duty Administrative Review; 2020-2021, 13779-13781 [2023-04498]
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Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Notices
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–12–2023]
Approval of Expansion of Subzone
18F; Lam Research Corporation;
Stockton, California
On January 9, 2023, the Acting
Executive Secretary of the ForeignTrade Zones (FTZ) Board docketed an
application submitted by the City of San
Jose, grantee of FTZ 18, requesting an
expansion of Subzone 18F subject to the
existing activation limit of FTZ 18, on
behalf of Lam Research Corporation, in
Stockton, California.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (88 FR 2323, January 13,
2023). The FTZ staff examiner reviewed
the application and determined that it
meets the criteria for approval. Pursuant
to the authority delegated to the FTZ
Board Executive Secretary (15 CFR Sec.
400.36(f)), the application to expand
Subzone 18F was approved on February
28, 2023, subject to the FTZ Act and the
Board’s regulations, including Section
400.13, and further subject to FTZ 18’s
2,000-acre activation limit.
Dated: February 28, 2023.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2023–04472 Filed 3–3–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 10–6A001]
Export Trade Certificate of Review
Notice of issuance of an
amended Export Trade Certificate of
Review to Alaska Longline Cod
Commission (‘‘ALCC’’), Application No.
10–6A001.
ACTION:
The Secretary of Commerce,
through the Office of Trade and
Economic Analysis (‘‘OTEA’’), issued an
amended Export Trade Certificate of
Review (‘‘Certificate’’) to ALCC on
February 16, 2023.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, OTEA,
International Trade Administration, by
telephone at (202) 482–5131 (this is not
a toll-free number) or email at etca@
trade.gov.
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SUMMARY:
Title III of
the Export Trading Company Act of
SUPPLEMENTARY INFORMATION:
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19:26 Mar 03, 2023
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1982 (15 U.S.C. 4011–21) (‘‘the Act’’)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. An Export Trade Certificate of
Review protects the holder and the
members identified in the Certificate
from State and Federal government
antitrust actions and from private treble
damage antitrust actions for the export
conduct specified in the Certificate and
carried out in compliance with its terms
and conditions. The regulations
implementing Title III are found at 15
CFR part 325. OTEA is issuing this
notice pursuant to 15 CFR 325.6(b),
which requires the Secretary of
Commerce to publish a summary of the
certification in the Federal Register.
Under Section 305(a) of the Act and 15
CFR 325.11(a), any person aggrieved by
the Secretary’s determination may,
within 30 days of the date of this notice,
bring an action in any appropriate
district court of the United States to set
aside the determination on the ground
that the determination is erroneous.
13779
ALCC also plans to export byproducts
of ALCC frozen-at-sea, headed and
gutted Alaska cod: cod heads; cod
collars; cod roe; cod chu; cod milt; and
ray wings. The cod heads, cod collars,
cod roe, cod chu, and cod milt are
derived from parts of the Alaska cod
remaining after the heading-and-gutting
of the cod to produce frozen-at-sea
headed and gutted Alaska cod. The ray
wings are derived from various species
of skate, which are caught incidentally
while targeting Alaska cod.
ALCC’s Membership remains the
same following the amendment.
The effective date of the amended
certificate is October 21, 2022, the date
on which ALCC’s application to amend
was deemed submitted.
Dated: February 28, 2023.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2023–04461 Filed 3–3–23; 8:45 am]
BILLING CODE 3510–DR–P
Description of Certified Conduct
ALCC’s Certificate has been amended
as follows:
1. Under Export Trade, changed
references of Export Product to Export
Products
2. Added the following six products
as Export Products within the meaning
of section 325.2(j) of the Regulations (15
CFR 325.2(j)):
a. cod heads
b. cod collars
c. cod roe
d. cod chu
e. cod milt
f. ray wings
3. Changed the reference to Export
Product in the following sentence:
Change ‘‘Frozen-at-sea means that the
Export Product is frozen on the catcherprocessor vessel while at-sea
immediately after being headed and
gutted.’’ to ‘‘Frozen-at-sea means that
the Alaska cod is frozen on the catcherprocessor vessel while at-sea
immediately after being headed and
gutted.’’
Under Export Trade in the Certificate,
the Export Products are as follows:
Export Products
ALCC plans to export frozen at-sea,
headed and gutted, Alaska cod (Gadus
macrocephalus), also known as Pacific
cod. Headed and gutted means the head
and viscera are removed prior to
freezing. Frozen-at-sea means that the
Alaska cod is frozen on the longline
catcher-processor vessel while at-sea
immediately after being headed and
gutted.
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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; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
final results of the administrative review
of the antidumping duty order on
certain corrosion-resistant steel
products (CORE) from Taiwan to correct
certain ministerial errors. The period of
review is July 1, 2020, through June 30,
2021.
DATES: Applicable March 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Patrick Barton or Matthew Palmer, 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) 482–0012 or (202) 482–1678,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2023, the Commerce
published its Final Results of the 2020–
2021 administrative review of the
antidumping duty order on CORE from
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13780
Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Notices
Taiwan.1 On February 2, 2023,
Commerce disclosed its calculations to
interested parties and provided
interested parties with the opportunity
to submit ministerial error comments.2
On February 7, 2023, Cleveland-Cliffs
Inc. (the petitioner), timely submitted
ministerial error comments regarding
Commerce’s Final Results.3 On February
10, 2023, Prosperity Tieh Enterprise,
Co., Ltd. (Prosperity), a mandatory
respondent in this administrative
review, timely submitted ministerial
error comments regarding Commerce’s
Final Results.4 Commerce is amending
its Final Results to correct certain
ministerial errors alleged by the
petitioner.
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
{Commerce} considers ministerial.’’ 5
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 Errors
lotter on DSK11XQN23PROD with NOTICES1
In the final results of the review,
Commerce made inadvertent errors
within the meaning of section 751(h) of
the Act and 19 CFR 351.224(f) with
respect to the calculation of Prosperity’s
and Yieh Phui Enterprise Co., Ltd.’s
(Yieh Phui) weighted-average costs and
actual production quantities.
Accordingly, Commerce determines
that, in accordance with section 751(h)
of the Act and 19 CFR 351.224(f), it
made certain ministerial errors in the
Final Results.
1 See Certain Corrosion-Resistant Steel Products
from Taiwan: Final Results of Antidumping Duty
Administrative Review and Final Determination of
No Shipments; 2020–2021, 88 FR 7408 (February 3,
2023) (Final Results), and accompanying Issues and
Decision Memorandum.
2 See Memorandum, ‘‘Deadline for Ministerial
Error Comments for the Final Results,’’ dated
February 2, 2023.
3 See Petitioner’s Letter, ‘‘Certain CorrosionResistant Steel Products from Taiwan: Petitioner’s
Ministerial Error Comments,’’ dated February 7,
2023.
4 See Prosperity’s Letter, ‘‘Corrosion-Resistant
Steel Products from Taiwan, 7/1/2020–6/30/2021
Administrative Review, Case No. A–583–856:
Ministerial Error Comments,’’ dated February 10,
2023.
5 See 19 CFR 351.224(f).
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19:26 Mar 03, 2023
Jkt 259001
For a complete description and
analysis of the specific inadvertent
errors, and the petitioner’s and
Prosperity’s ministerial error
allegations, please see the
accompanying Ministerial Error
Allegations Memorandum.6 The
Ministerial Error Allegations
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov.
Pursuant to 19 CFR 351.224(e),
Commerce is amending the Final
Results to reflect the correction of these
ministerial errors in the calculation of
the weighted-average dumping margins
assigned to Prosperity and Yieh Phui in
the Final Results, which change from
3.64 and 2.88 percent, respectively, to
3.74 and 4.89 percent, respectively.7
Furthermore, we are revising the
review-specific, weighted-average
dumping margin applicable to the
company not selected for individual
examination (i.e., Sheng Yu Steel Co.,
Ltd. (Sheng Yu)) in this administrative
review, which is based on Prosperity’s
and Yieh Phui’s weighted-average
dumping margins.8 We calculated
Sheng Yu’s weighted-average dumping
margin as the weighted average of the
weighted-average dumping margins
determined for the two mandatory
respondents where the weights are the
publicly ranged quantities sold by each
of the mandatory respondents.
Amended Final Results of Review
As a result of correcting these
ministerial errors, Commerce
determines that, for the period of July 1,
2020, through June 30, 2021, the
following weighted-average dumping
margins exist:
6 See Memorandum, ‘‘Ministerial Error
Allegations,’’ dated concurrently with this notice
(Ministerial Error Allegations Memorandum).
7 Id.; see also Final Results, 88 FR at 7409.
8 In the case of two mandatory respondents, our
practice is to calculate: (A) a weighted average of
the dumping margins calculated for the mandatory
respondents; (B) a simple average of the dumping
margins calculated for the mandatory respondents;
and (C) a weighted average of the dumping margins
calculated for the mandatory respondents using
each company’s publicly ranged values for the
merchandise under consideration. We compare (B)
and (C) to (A) and select the rate closest to (A) as
the most appropriate rate for all other companies.
See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Results of
Antidumping Duty Administrative Review; 2014–
2016, 82 FR 31555, 31556 (July 7, 2017). We have
applied that practice here. See Memorandum,
‘‘Calculation of the All-Others’ Rate in the
Amended Final Results,’’ dated concurrently with
this notice.
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Sfmt 4703
Exporter or producer
Prosperity Tieh Enterprise Co.,
Ltd ...........................................
Sheng Yu Steel Co., Ltd ............
Yieh Phui Enterprise Co., Ltd .....
Weightedaverage
dumping
margin
(percent)
3.74
4.14
4.89
Disclosure
We intend to disclose the calculations
performed for these amended final
results to parties in this review within
five days of the date of publication of
this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
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 these
amended final results of the
administrative review.
In accordance with 19 CFR
351.212(b)(1), we calculated importerspecific ad valorem antidumping duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the examined sales for each importer
to the total entered value of the sales for
each importer. Where an importerspecific antidumping duty assessment
rate is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1),
Commerce will instruct CBP to liquidate
the appropriate entries without regard to
antidumping duties. Commerce’s
‘‘automatic assessment’’ will apply to
entries of subject merchandise during
the period of review produced by
companies included in these amended
final results of review for which the
reviewed companies did not know that
the merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, 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.
For the companies which were not
selected for individual examination, we
will instruct CBP to assess antidumping
duties at an ad valorem assessment rate
equal to the weighted- average dumping
margins determined in these amended
final results. The amended final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
amended final results of this review and
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Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
for future deposits of estimated duties,
where applicable.9
Normally, Commerce would issue
appropriate assessment instructions to
CBP 35 days after the date of
publication of the amended final results
of this review in the Federal Register,
to liquidate shipments of subject
merchandise produced and exported by
Yieh Phui entered, or withdrawn from
warehouse, for consumption during the
July 1, 2020 through June 30, 2021
period of review. However, on February
15, 2023, the U.S. Court of International
Trade (the Court) enjoined liquidation
of entries produced and exported by
Yieh Phui, that are subject to the Final
Results.10 Accordingly, Commerce will
not instruct CBP to assess antidumping
duties on those enjoined entries
pending resolution of the associated
liquidation.
For Prosperity and Sheng Yu,
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
amended final results of this review in
the Federal Register. If a timely
summons is filed at the U.S. Court of
International Trade, the assessment
instructions will direct CBP not to
liquidate relevant entries until the time
for parties to file a request for a statutory
injunction has expired (i.e., within 90
days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively for all shipments of subject
merchandise that entered, or were
withdrawn from warehouse, for
consumption on or after February 3,
2023, 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 the companies listed
above will be equal to the weightedaverage dumping margin established in
these amended final results of review;
(2) for producers or exporters not
covered in this review but covered in a
prior segment of the proceeding, 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 producer is, then the cash
deposit rate will be the rate established
for the most recently completed segment
of this proceeding for the producer of
the merchandise; and (4) if neither the
9 See
section 751(a)(2)(C) of the Act.
Court issued a statutory injunction under
CIT case number 16–00138 (April 8, 2020).
10 The
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19:26 Mar 03, 2023
Jkt 259001
exporter nor the producer 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 less-than-fair-value
investigation.11 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
DEPARTMENT OF COMMERCE
Notification to Importers
AGENCY:
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 Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (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: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–04498 Filed 3–3–23; 8:45 am]
13781
International Trade Administration
[A–583–803]
Light-Walled Welded Rectangular
Carbon Steel Tubing From Taiwan:
Continuation of Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) order on light-walled welded
rectangular carbon steel tubing (LWR
tubing) from Taiwan would likely lead
to a continuation or recurrence of
dumping and material injury to an
industry in the United States,
Commerce is publishing a notice of
continuation of the AD order on LWR
tubing from Taiwan.
DATES:
Applicable March 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Claudia Cott, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4270.
SUPPLEMENTARY INFORMATION:
Background
On March 27, 1989, Commerce
published the AD order on LWR tubing
from Taiwan.1 On July 1, 2022,
Commerce initiated,2 and the ITC
instituted,3 a sunset review of the Order,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).
As a result of its review, Commerce
determined, pursuant to sections
751(c)(1) and 752(c) of the Act, that
revocation of the Order would likely
lead to continuation or recurrence of
dumping, and, therefore, notified the
ITC of the magnitude of the margins of
dumping rates likely to prevail should
the Order be revoked.4 On February 28,
2023, the ITC published its
determination that revocation of the
BILLING CODE 3510–DS–P
11 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).
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Fmt 4703
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1 See Antidumping Duty Order; Light-Walled
Welded Rectangular Carbon Steel Tubing from
Taiwan, 54 FR 12467(March 27, 1989) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 87
FR 39459 (July 1, 2022).
3 See Light-Walled Rectangular Pipe and Tube
from Taiwan; Institution of a Five-Year Review, 87
FR 39562 (July 1, 2022).
4 See Light-Walled Welded Rectangular Carbon
Steel Tubing from Taiwan: Final Results of the
Expedited Sunset Review of the Antidumping Duty
Order, 87 FR 64437 (October 25, 2022), and
accompanying Issues and Decision Memorandum.
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]]>Agencies
[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Notices]
[Pages 13779-13781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04498]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan: Amended
Final Results of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
final results of the administrative review of the antidumping duty
order on certain corrosion-resistant steel products (CORE) from Taiwan
to correct certain ministerial errors. The period of review is July 1,
2020, through June 30, 2021.
DATES: Applicable March 6, 2023.
FOR FURTHER INFORMATION CONTACT: Patrick Barton or Matthew Palmer, 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) 482-0012 or (202)
482-1678, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2023, the Commerce published its Final Results of
the 2020-2021 administrative review of the antidumping duty order on
CORE from
[[Page 13780]]
Taiwan.\1\ On February 2, 2023, Commerce disclosed its calculations to
interested parties and provided interested parties with the opportunity
to submit ministerial error comments.\2\ On February 7, 2023,
Cleveland-Cliffs Inc. (the petitioner), timely submitted ministerial
error comments regarding Commerce's Final Results.\3\ On February 10,
2023, Prosperity Tieh Enterprise, Co., Ltd. (Prosperity), a mandatory
respondent in this administrative review, timely submitted ministerial
error comments regarding Commerce's Final Results.\4\ Commerce is
amending its Final Results to correct certain ministerial errors
alleged by the petitioner.
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from Taiwan:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2020-2021, 88 FR 7408 (February 3,
2023) (Final Results), and accompanying Issues and Decision
Memorandum.
\2\ See Memorandum, ``Deadline for Ministerial Error Comments
for the Final Results,'' dated February 2, 2023.
\3\ See Petitioner's Letter, ``Certain Corrosion-Resistant Steel
Products from Taiwan: Petitioner's Ministerial Error Comments,''
dated February 7, 2023.
\4\ See Prosperity's Letter, ``Corrosion-Resistant Steel
Products from Taiwan, 7/1/2020-6/30/2021 Administrative Review, Case
No. A-583-856: Ministerial Error Comments,'' dated February 10,
2023.
---------------------------------------------------------------------------
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 {Commerce{time} considers
ministerial.'' \5\ 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 . . . .''
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Errors
In the final results of the review, Commerce made inadvertent
errors within the meaning of section 751(h) of the Act and 19 CFR
351.224(f) with respect to the calculation of Prosperity's and Yieh
Phui Enterprise Co., Ltd.'s (Yieh Phui) weighted-average costs and
actual production quantities. Accordingly, Commerce determines that, in
accordance with section 751(h) of the Act and 19 CFR 351.224(f), it
made certain ministerial errors in the Final Results.
For a complete description and analysis of the specific inadvertent
errors, and the petitioner's and Prosperity's ministerial error
allegations, please see the accompanying Ministerial Error Allegations
Memorandum.\6\ The Ministerial Error Allegations Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Ministerial Error Allegations,'' dated
concurrently with this notice (Ministerial Error Allegations
Memorandum).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.224(e), Commerce is amending the Final
Results to reflect the correction of these ministerial errors in the
calculation of the weighted-average dumping margins assigned to
Prosperity and Yieh Phui in the Final Results, which change from 3.64
and 2.88 percent, respectively, to 3.74 and 4.89 percent,
respectively.\7\ Furthermore, we are revising the review-specific,
weighted-average dumping margin applicable to the company not selected
for individual examination (i.e., Sheng Yu Steel Co., Ltd. (Sheng Yu))
in this administrative review, which is based on Prosperity's and Yieh
Phui's weighted-average dumping margins.\8\ We calculated Sheng Yu's
weighted-average dumping margin as the weighted average of the
weighted-average dumping margins determined for the two mandatory
respondents where the weights are the publicly ranged quantities sold
by each of the mandatory respondents.
---------------------------------------------------------------------------
\7\ Id.; see also Final Results, 88 FR at 7409.
\8\ In the case of two mandatory respondents, our practice is to
calculate: (A) a weighted average of the dumping margins calculated
for the mandatory respondents; (B) a simple average of the dumping
margins calculated for the mandatory respondents; and (C) a weighted
average of the dumping margins calculated for the mandatory
respondents using each company's publicly ranged values for the
merchandise under consideration. We compare (B) and (C) to (A) and
select the rate closest to (A) as the most appropriate rate for all
other companies. See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2014-2016, 82 FR 31555, 31556 (July 7, 2017).
We have applied that practice here. See Memorandum, ``Calculation of
the All-Others' Rate in the Amended Final Results,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
Amended Final Results of Review
As a result of correcting these ministerial errors, Commerce
determines that, for the period of July 1, 2020, through June 30, 2021,
the following weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd......................... 3.74
Sheng Yu Steel Co., Ltd..................................... 4.14
Yieh Phui Enterprise Co., Ltd............................... 4.89
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed for these amended
final results to parties in this review within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
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 these amended final
results of the administrative review.
In accordance with 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem antidumping duty assessment rates based on the
ratio of the total amount of dumping calculated for the examined sales
for each importer to the total entered value of the sales for each
importer. Where an importer-specific antidumping duty assessment rate
is zero or de minimis within the meaning of 19 CFR 351.106(c)(1),
Commerce will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties. Commerce's ``automatic assessment'' will
apply to entries of subject merchandise during the period of review
produced by companies included in these amended final results of review
for which the reviewed companies did not know that the merchandise they
sold to the intermediary (e.g., a reseller, trading company, or
exporter) was destined for the United States. In such instances, 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.
For the companies which were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem assessment rate equal to the weighted- average dumping margins
determined in these amended final results. The amended final results of
this review shall be the basis for the assessment of antidumping duties
on entries of merchandise covered by the amended final results of this
review and
[[Page 13781]]
for future deposits of estimated duties, where applicable.\9\
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\9\ See section 751(a)(2)(C) of the Act.
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Normally, Commerce would issue appropriate assessment instructions
to CBP 35 days after the date of publication of the amended final
results of this review in the Federal Register, to liquidate shipments
of subject merchandise produced and exported by Yieh Phui entered, or
withdrawn from warehouse, for consumption during the July 1, 2020
through June 30, 2021 period of review. However, on February 15, 2023,
the U.S. Court of International Trade (the Court) enjoined liquidation
of entries produced and exported by Yieh Phui, that are subject to the
Final Results.\10\ Accordingly, Commerce will not instruct CBP to
assess antidumping duties on those enjoined entries pending resolution
of the associated liquidation.
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\10\ The Court issued a statutory injunction under CIT case
number 16-00138 (April 8, 2020).
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For Prosperity and Sheng Yu, Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the amended final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively for all shipments of subject merchandise that entered, or
were withdrawn from warehouse, for consumption on or after February 3,
2023, 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 the companies listed above will be
equal to the weighted-average dumping margin established in these
amended final results of review; (2) for producers or exporters not
covered in this review but covered in a prior segment of the
proceeding, 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 producer is, then
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
merchandise; and (4) if neither the exporter nor the producer 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 less-than-fair-value investigation.\11\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\11\ 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).
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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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (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: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-04498 Filed 3-3-23; 8:45 am]
BILLING CODE 3510-DS-P
