Notice2024-06609
Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review; 2021-2022
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 28, 2024
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 cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea) to correct a ministerial error. The period of review (POR) is September 1, 2021, through August 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 61 (Thursday, March 28, 2024)</title>
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[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Notices]
[Pages 21490-21491]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06609]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold-Rolled Steel Flat Products From the Republic of
Korea: Amended Final Results of Antidumping Duty Administrative Review;
2021-2022
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 cold-rolled steel flat products (cold-rolled steel)
from the Republic of Korea (Korea) to correct a ministerial error. The
period of review (POR) is September 1, 2021, through August 31, 2022.
DATES: Applicable March 28, 2024.
FOR FURTHER INFORMATION CONTACT: Caroline Carroll, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4948.
SUPPLEMENTARY INFORMATION:
Background
On February 23, 2024, Commerce published the Final Results of this
review in the Federal Register.\1\ On February 23, 2024, we received a
timely ministerial error allegation from Steel Dynamics, Inc. (SDI),
the petitioner.\2\ No other party made a ministerial error allegation
or rebutted the petitioner's ministerial error allegation. We are
amending the Final Results to correct the ministerial error raised by
SDI.
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\1\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2021-2022, 89 FR 13689 (February 23, 2024) (Final Results),
and accompanying Issues and Decision Memorandum.
\2\ See Petitioner's Letter, ``Ministerial Error Comments on
Final Dumping Margin of Hyundai Steel Company,'' dated February 23,
2024 (Ministerial Error Allegation).
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' 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
In the Final Results, we made a countervailing duty export subsidy
offset in our calculations for Hyundai Steel Company (Hyundai).\3\ In
its Ministerial Error Allegation, the petitioner noted that while
Commerce intended to adjust Hyundai's U.S. price by a 0.04 percent
export subsidy offset rate, it instead adjusted U.S. price by a four
percent rate.\4\ We agree that we made this ministerial error in the
Final Results and we are amending the Final Results to correct this
ministerial error, pursuant to section 751(h) of the Act and 19 CFR
351.224(e). Correcting this error changes Hyundai's weighted-average
dumping margin from 0.88 percent to 1.35 percent. As a result of these
changes, the rate for the company not selected for individual
examination, KG Dongbu Steel Co., Ltd. (KG Dongbu), also changes from
2.13 percent to 2.28 percent.
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\3\ See Memorandum, ``Amended Final Results Margin Calculation
for Hyundai Steel Company,'' dated concurrently with this notice
(Hyundai Steel Amended Final Calculation Memo).
\4\ See Ministerial Error Allegation.
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For a detailed discussion of the ministerial error, as well as
Commerce's analysis, see Ministerial Error Memorandum.\5\ The
Ministerial Error 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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\5\ See Memorandum, ``Ministerial Error Allegation in the Final
Results,'' dated concurrently with this notice (Ministerial Error
Memorandum); see also Hyundai Steel Amended Final Calculation Memo.
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Amended Final Results
As a result of correcting the ministerial error described above, we
determine that the following estimated weighted-average dumping margins
exists for the period September 1, 2021, through August 31, 2022:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Hyundai Steel Company....................................... 1.35
KG Dongbu Steel Co., Ltd.................................... 2.28
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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 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 review.
In accordance with 19 CFR 351.212(b)(1), for Hyundai, 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.\6\ 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.
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\6\ We note that POSCO/POSCO International's (POSCO's) dumping
margin did not change in these amended final results.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise made during the period of review produced by
Hyundai for which the examined company did not know that the
merchandise that it sold to the intermediary company (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate such entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.
For the company not selected for individual examination, KG Dongbu,
we will instruct CBP to assess antidumping duties at an ad valorem
assessment rate based on the weighted average of the cash deposit rates
calculated for Hyundai and POSCO.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of
[[Page 21491]]
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 amended cash deposit requirements will be effective
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after February 23, 2024, the
publication date of the Final Results, as provided 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 less-than-fair-value (LTFV) 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; and (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 20.33 percent, the all-others rate established in the
LTFV investigation.\7\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\7\ See Certain Cold Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432, 64434 (September
20, 2016).
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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 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 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 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
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these amended final results in
accordance with sections 751(h) and 777(i)(1) of the Act and 19 CFR
351.224(e).
Dated: March 18, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-06609 Filed 3-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 28, 2024.
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