Notice2021-15586
Corrosion-Resistant Steel Products From the Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review; 2018-2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 22, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is amending the final results of the antidumping duty administrative review of the antidumping duty order on certain corrosion resistant steel products (CORE) from the Republic of Korea (Korea) to correct a ministerial error with respect to Dongkuk Steel Mill Co., Ltd. (Dongkuk)'s final margin rate. The period of review is July 1, 2018, through June 30, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 138 (Thursday, July 22, 2021)</title>
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[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38680-38681]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15586]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Corrosion-Resistant Steel Products From the Republic of Korea:
Amended Final Results of Antidumping Duty Administrative Review; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the final
results of the antidumping duty administrative review of the
antidumping duty order on certain corrosion resistant steel products
(CORE) from the Republic of Korea (Korea) to correct a ministerial
error with respect to Dongkuk Steel Mill Co., Ltd. (Dongkuk)'s final
margin rate. The period of review is July 1, 2018, through June 30,
2019.
DATES: Applicable July 22, 2021.
FOR FURTHER INFORMATION CONTACT: Leo Ayala, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3945.
SUPPLEMENTARY INFORMATION:
Background
On May 27, 2021, Commerce published its Final Results.\1\ On June
1, 2021, we received timely-filed ministerial error comments from
Dongkuk alleging that Commerce made a ministerial error in the Final
Results.\2\ No other party made an allegation of ministerial errors.
After reviewing the allegation, we determine that the Final Results
included a ministerial error with respect Dongkuk's final margin rate
calculation. Therefore, we made a change, as described below, to the
Final Results.
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\1\ See Corrosion-Resistant Steel Products from the Republic of
Korea: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2018-2019, 86 FR 28571 (May 27,
2021) (Final Results).
\2\ See Dongkuk's Letter, ``Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Ministerial Error Comments,''
dated June 1, 2021 (Dongkuk Ministerial Allegation).
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Scope of the Order
The products covered by this order is CORE from Korea. For a
complete description of the scope of the order, see the Final Results.
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.''
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\3\ See 19 CFR 351.224(f).
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Ministerial Error
Dongkuk alleged that Commerce made a ministerial error in the Final
Results within the meaning of section 751(h) of the Act and 19 CFR
351.224(f) by incorrectly calculating Dongkuk's total cost of
manufacturing. We agree. Therefore, pursuant to 19 CFR 351.224(e), we
are amending the Final Results to correct this error. This correction
results in a change to Dongkuk's weighted-average dumping margin and
also changes the rate calculated for the non-individually-examined
companies. For a detailed discussion of the ministerial error
allegation, as well as Commerce's analysis, see the Ministerial Error
Memorandum.\4\
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\4\ See Memorandum, ``Corrosion-Resistant Steel Products from
the Republic of Korea: Amended Final Results--Ministerial Error
Allegation in Final of Antidumping Duty Administrative Review,''
dated concurrently with this Federal Register notice (Ministerial
Error Memorandum).
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Amended Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period July 1, 2018, through June 30,
2019:
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Estimated
weighted-average
Exporter/producer dumping margin
(percent)
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Dongkuk Steel Mill Co., Ltd. (Dongkuk).............. 0.66
Non-individually Examined Companies:
POSCO........................................... 0.74
POSCO Coated & Color Steel Co., Ltd............. 0.74
POSCO Daewoo Corporation........................ 0.74
POSCO International Corporation................. 0.74
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[[Page 38681]]
Disclosure
We intend to disclose the calculations performed for these amended
final results 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 the amended final
results of this review.
In accordance with 19 CFR 351.212(b)(1), where Dongkuk reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where Dongkuk did not
report entered value, we calculated the entered value in order to
calculate the assessment rate. Where either Dongkuk's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average of the cash deposit
rates calculated for Dongkuk and Dongbu Steel Co., Ltd.\5\ 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 for future deposits of estimated
duties, where applicable.
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\5\ See Memorandum, ``Antidumping Duty Administrative Review of
Certain Corrosion-Resistant Steel Products from the Republic of
Korea: Amended Final Results Calculation for All Others,'' dated
concurrently with this Federal Register notice.
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by companies included in
these 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.
We intend to issue liquidation instructions for Dongkuk and the
companies covered by the non-reviewed companies' rate to CBP 35 days
after publication of these amended final results of this administrative
review. 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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after May 27, 2021, the date of
publication date of the Final Results of this administrative review, 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 Commerce may have determined 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 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, 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 8.31 percent established in the LTFV investigation.\6\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\6\ See Certain Corrosion-Resistant Steel Products From the
Republic of Korea: Notice of Court Decision Not in Harmony With
Final Determination of Investigation and Notice of Amended Final
Results, 83 FR 39054 (August 8, 2018).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a final 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 amended final results of review
in accordance with sections 751(h) and 777(i) of the Act, and 19 CFR
351.224(e).
Dated: July 15, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-15586 Filed 7-21-21; 8:45 am]
BILLING CODE 3510-DS-P
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