Notice2023-09729
Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review in Part; 2020-2021
Primary source
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Published
May 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review, in part, of the antidumping duty order on certain hot-rolled steel flat products from the Republic of Korea (Korea), covering the period of review (POR) October 1, 2020, through September 30, 2021, to correct a ministerial error.
Full Text
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<title>Federal Register, Volume 88 Issue 88 (Monday, May 8, 2023)</title>
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[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29635-29636]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09729]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Amended Final Results of Antidumping Duty Administrative Review
in Part; 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, in part, of the antidumping
duty order on certain hot-rolled steel flat products from the Republic
of Korea (Korea), covering the period of review (POR) October 1, 2020,
through September 30, 2021, to correct a ministerial error.
DATES: Applicable May 8, 2023.
FOR FURTHER INFORMATION CONTACT: Christopher Williams, 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) 482-5166.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Final Results of this review in the Federal
Register on April 20, 2023.\1\ On April 24, 2023, we received a timely
submitted ministerial error allegation from Hyundai Steel Company
(Hyundai Steel).\2\ We are amending the Final Results to correct the
ministerial error raised by Hyundai Steel.
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\1\ See Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Final Results of Antidumping Duty Administrative Review;
2020-2021, 88 FR 24387 (April 20, 2023) (Final Results).
\2\ See Hyundai Steel's Letter, ``Hyundai Steel's Comments on
Ministerial Error in Final Results,'' dated April 24, 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 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
We agree with Hyundai Steel 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 inadvertently not updating the program with
revised cost data from the Final Results when merging it with U.S. sale
data, resulting in an incorrect margin calculation for Hyundai Steel.
Accordingly, 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 Hyundai Steel's antidumping duty margin rate, which
changes from 0.88 percent to 0.84 percent.
For a detailed discussion of Commerce's analysis, see the
Ministerial Error Memorandum and Amended Final Results Analysis
Memorandum.\4\ Furthermore, we are amending the rate for the companies
not selected for individual examination in this review based on the
weighted-average dumping margins calculated for the mandatory
respondents,\5\ which changes from 0.88 percent to 0.84 percent.
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\4\ See Memoranda, ``Ministerial Error Memorandum for the Final
Results of the Antidumping Duty Administrative Review; 2020-2021:
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice
(Ministerial Error Memorandum); and ``Amended Final Results for
Hyundai Steel Company,'' dated concurrently with this notice
(Amended Final Results Analysis Memorandum).
\5\ The margin for the other mandatory respondent, POSCO
(Commerce treated POSCO and POSCO International Corporation as a
single entity) remains unchanged from the Final Results and
continues to be 0.00 percent.
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Amended Final Results of Review
As a result of correcting the ministerial error described above,
Commerce determines that the following weighted-average dumping margins
exist for the period October 1, 2020, through September 30, 2021:
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Weighted-
average dumping
Producer/exporter margin
(percent)
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Hyundai Steel Company.................................. 0.84
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Review-Specific Average Rate Applicable to the Following Companies:
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Weighted-
average
Producer/exporter dumping margin
(percent)
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Del Trading Inc......................................... 0.84
Dongkuk Industries Co., Ltd............................. 0.84
Dongkuk Steel Mill Co., Ltd............................. 0.84
Gs Global Corp.......................................... 0.84
Gs Holdings Corp........................................ 0.84
KG Dongbu Steel Co., Ltd................................ 0.84
Marubeni-Itochu Steel Korea, Ltd........................ 0.84
Samsung C and T Corporation............................. 0.84
Snp Ltd................................................. 0.84
Soon Ho Co., Ltd........................................ 0.84
Soon Hong Trading Co. Ltd............................... 0.84
Sungjin Co., Ltd........................................ 0.84
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Disclosure
We intend to disclose the calculations performed in connection with
these amended final results of review to parties in this review within
five days after public announcement of the amended final results, or if
there is no public announcement, 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 will determine, 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.
For Hyundai Steel, we calculated importer-specific assessment rates
on the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales and the total entered value of those
sales in accordance with 19 CFR 351.212(b)(1). Where an importer-
specific assessment rate is de minimis (i.e., less than 0.5 percent),
the entries by that importer will be liquidated without regard to
antidumping duties. Because POSCO's weighted-average dumping margin was
not changed in these amended final results, we will continue to
instruct CBP to liquidate POSCO's entries without
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regard to duties in accordance with 19 CFR 351.106(c)(1).
For entries of subject merchandise during the POR produced by
Hyundai Steel for which it did not know that its merchandise was
destined for the United States, 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 identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rate established in these amended final results of review.
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
Upon publication of this notice in the Federal Register, the
following amended cash deposit requirements will be retroactively
effective for all shipments of subject merchandise that entered, or
were withdrawn from warehouse, for consumption on or after April 20,
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 amended 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 merchandise exported by
producers or exporters not covered in this review but covered in a
prior completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published in the completed
segment for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original investigation
but the producer has been covered in a prior completed segment of this
proceeding, then the cash deposit rate will be the rate established in
the completed segment for the most recent period for the producer of
the merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 6.05 percent, the all-others rate
established in the less-than-fair-value investigation for this
proceeding.\6\ These amended cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\6\ See Order, 81 FR at 67963, 67965.
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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 and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing 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 return or destruction of proprietary information
disclosed under the 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/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: May 2, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-09729 Filed 5-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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