[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69637-69638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28667]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-876]


Welded Line Pipe From the Republic of Korea: Amended Final 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is amending the 
final determination in the less-than-fair-value investigation of welded 
line pipe from the Republic of Korea (Korea) to correct a ministerial 
error. The period of investigation is October 1, 2013, through 
September 30, 2014.

DATES: Effective Date: November 10, 2015.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Ross Belliveau, 
AD/CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4136 or (202) 482-4952, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 13, 2015, the Department published the final 
determination in the less-than-fair-value investigation of welded line 
pipe from Korea.\1\ Also on October 13, 2015, the Department received a 
timely allegation from Hyundai Steel Company \2\ (HYSCO) that the 
Department made ministerial errors in applying the conversion cost 
adjustment, the toll processing cost adjustment, and the revisions to 
the date of sale for HYSCO.\3\ On October 14, 2015, the Department 
received a timely allegation from the petitioners \4\ that the 
Department made a ministerial error in the application of the general 
and administrative (G&A) and the financial expense ratios for HYSCO.\5\ 
On October 15, 2015, the Department received comments from Maverick 
Tube Corporation (Maverick) on HYSCO's ministerial error allegation.\6\ 
On October 19, 2015, the Department received

[[Page 69638]]

comments from HYSCO on the petitioners' ministerial error 
allegation.\7\
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    \1\ See Welded Line Pipe From the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value, 80 FR 61366 (October 
13, 2015) (Final Determination).
    \2\ On July 1, 2015 Hyundai HYSCO merged into Hyundai Steel 
Company.
    \3\ See Letter from HYSCO, ``Welded Line Pipe from Korea: 
Ministerial Error Allegation,'' dated October 13, 2015 (HYSCO 
Ministerial Error Allegation).
    \4\ The petitioners include American Cast Iron Pipe Company; 
Energex Tube, a division of JMC Steel Group; Northwest Pipe Company; 
Stupp Corporation, a division of Stupp Bros., Inc.; Tex-Tube 
Company; TMK IPSCO; and Welspun Tubular LLC USA (collectively, the 
petitioners).
    \5\ See Letter from the petitioners, ``Line Pipe from Korea: 
Ministerial Error Allegation'' dated October 14, 2015.
    \6\ See Letter from Maverick, ``Welded Line Pipe from South 
Korea: Response to HYSCO's Ministerial Error Allegations'' October 
15, 2015.
    \7\ See Letter from HYSCO, ``Welded Line Pipe from Korea: 
Response to Petitioners' Ministerial Error Allegation,'' dated 
October 19, 2015.
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    Based on our analysis of the allegations submitted by HYSCO and the 
petitioners, we determined that, with respect to the conversion cost 
adjustment and the toll processing cost adjustment, we did not make 
ministerial errors, as defined by section 735(e) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.224(f).\8\ However, we 
determined that we did make ministerial errors within the meaning of 
section 735(e) of the Act and 19 CFR 351.224(f) with respect to the 
revisions to date of sale and the application of the G&A and financial 
expense ratios.\9\ We revised the margin calculation for HYSCO 
accordingly, and assigned a new All Others rate, as discussed 
below.\10\
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    \8\ See Memorandum entitled ``Allegations of Ministerial Errors 
in the Final Determination,'' dated concurrently with this 
determination and hereby adopted by this notice.
    \9\ Id.
    \10\ Id.
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Scope of the Investigation

    The scope of the investigation appears in Appendix I of the Final 
Determination.

Ministerial Error

    Section 735(e) of the Act, and 19 CFR 351.224(f) define a 
``ministerial error'' as an error ``in addition, subtraction, or other 
arithmetic function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any similar type of unintentional error 
which the Secretary considers ministerial.''
    We analyzed the ministerial error allegations and determined, in 
accordance with section 735(e) of the Act and 19 CFR 351.224(e), that 
we made ministerial errors with respect to the revisions to date of 
sale and the application of the G&A and financial expense ratios. In 
implementing the date of sale methodology to use the earlier of invoice 
date or shipment date, we inadvertently failed to update HYSCO's 
reported date of sale variable to account for invoice and shipment date 
revisions. Therefore, we corrected this error. In addition, we revised 
HYSCO's calculation of the G&A and financial expense ratios cost of 
goods sold denominator to reflect the major input rule and transactions 
disregarded rule adjustments, in order to keep the calculation of the 
ratios on the same basis as the cost of manufacturing to which they are 
applied.\11\ Therefore, we are amending the final determination with 
respect to HYSCO, in accordance with section 735(e) of the Act and 19 
CFR 351.224(e).\12\
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    \11\ We note that the correction of this error did not change 
HYSCO's G&A and financial expense ratios from those in the Final 
Determination.
    \12\ The weighted-average dumping margin for SeAH Steel 
Corporation (SeAH) in the Final Determination has not changed. It 
remains at 2.53 percent.
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Amended Final Determination

    As a result of correcting these ministerial errors, we determine 
that the following weighted-average margins exist for the period 
October 1, 2013, through September 30, 2014:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/exporter                       dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Hyundai HYSCO...........................................            6.23
SeAH Steel Corporation..................................            2.53
All Others..............................................            4.38
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Continuation of Suspension of Liquidation

    The following cash deposit requirements will be effective upon 
publication of this notice for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication of this amended final determination, as provided by section 
735(c)(1)(B) of the Act: (1) The cash deposit rate for HYSCO will be 
the rate we determined in this amended final determination (i.e., 6.23 
percent); (2) the cash deposit rate for SeAH will continue to be that 
identified in the Final Determination (i.e., 2.53 percent); (3) if the 
exporter is not a firm identified in this investigation but the 
producer is, the rate will be the rate established for the producer of 
the subject merchandise; and (4) the rate for all other producers or 
exporters will be 4.38 percent, as indicated above. These suspension of 
liquidation instructions will remain in effect until further notice.

U.S. International Trade Commission

    In accordance with section 735(d) of the Act, we notified the U.S. 
International Trade Commission (ITC) of the Final Determination and our 
amended final determination. As the Final Determination was 
affirmative, in accordance with section 735(b)(3) of the Act, the ITC 
will determine within 45 days of the Final Determination whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that such injury exists, the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.
    This amended final determination notice is published in accordance 
with section 735(e) of the Act and 19 CFR 351.224(e).

    Dated: November 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-28667 Filed 11-9-15; 8:45 am]
 BILLING CODE 3510-DS-P