Notice2023-04498
Certain Corrosion-Resistant Steel Products From Taiwan: Amended Final Results of Antidumping Duty Administrative Review; 2020-2021
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
March 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 43 (Monday, March 6, 2023)</title>
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[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Notices]
[Pages 13779-13781]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04498]
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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
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.
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\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.
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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 . . . .''
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\5\ See 19 CFR 351.224(f).
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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 <a href="https://access.trade.gov">https://access.trade.gov</a>.
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\6\ See Memorandum, ``Ministerial Error Allegations,'' dated
concurrently with this notice (Ministerial Error Allegations
Memorandum).
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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.
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\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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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:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Prosperity Tieh Enterprise Co., Ltd......................... 3.74
Sheng Yu Steel Co., Ltd..................................... 4.14
Yieh Phui Enterprise Co., Ltd............................... 4.89
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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
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</html>Indexed from Federal Register on March 6, 2023.
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