[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56220-56221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25658]



[[Page 56220]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-891]


Carbon and Alloy Steel Wire Rod From the Republic of Korea: 
Amended Preliminary Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 31, 2017, the Department of Commerce (Department) 
published in the Federal Register the Preliminary Determination \1\ of 
the antidumping duty investigation of carbon and alloy steel wire rod 
(wire rod) from the Republic of Korea (Korea). The Department is 
amending the Preliminary Determination of the investigation to correct 
a significant ministerial error.
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    \1\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Korea: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, and Preliminary Negative Determination of Critical 
Circumstances, 82 FR 50386 (October 31, 2017) (Preliminary 
Determination); see also the petitioners' November 1, 2017 letter, 
``Petitioners' Ministerial Error Allegations Concerning POSCO'' 
(Ministerial Error Allegation).

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DATES: Effective November 28, 2017.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, 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) 482-2316.

SUPPLEMENTARY INFORMATION:

Background

    On October 31, 2017, the Department published in the Federal 
Register the Preliminary Determination of wire rod from Korea. On 
November 1, 2017, Gerdau Ameristeel US Inc., Keystone Consolidated 
Industries, Inc., and Charter Steel (collectively, the petitioners) 
alleged that the Department made a significant ministerial error in the 
Preliminary Determination.

Scope of the Investigation

    The product covered by this investigation is wire rod from Korea. 
For a full description of the scope of this investigation, see the 
``Scope of the Investigation,'' in the Appendix to this notice.

Significant Ministerial Error

    A ministerial error is defined in 19 CFR 351.224(f) as ``an error 
in addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' A significant ministerial error is defined in 19 CFR 
351.224(g) as a ministerial error, the correction of which, singly or 
in combination with other errors, would result in: (1) A change of at 
least five absolute percentage points in, but not less than 25 percent 
of, the weighted-average dumping margin calculated in the original 
(erroneous) preliminary determination; or (2) a difference between a 
weighted-average dumping margin of zero or de minimis and a weighted-
average dumping margin of greater than de minimis or vice versa. 
Further, 19 CFR 351.224(e) provides that the Department ``will analyze 
any comments received and, if appropriate, correct any significant 
ministerial error by amending the preliminary determination.''

Ministerial Error Allegation

    The petitioners allege that the Department failed to convert the 
product matching control number (CONNUM)-specific per-unit import duty 
cost amounts that were denominated in Korean won to U.S. dollars when 
it granted POSCO a duty drawback adjustment to U.S. price.\2\ The 
petitioners also maintain that correcting this error results in an 
increase of more than five absolute percentage points in, but not less 
than 25 percent of, the weighted-average dumping margin, thereby 
meeting the definition of ``significant'' pursuant to 19 CFR 
351.224(g)(1).\3\
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    \2\ See DOC October 24, 2014 Memorandum: ``Cost of Production 
and Constructed Value Calculation Adjustments for the Preliminary 
Determination--POSCO,'' and DOC October 24, 2014 Memorandum 
``Preliminary Determination Margin Calculation for POSCO.''
    \3\ See Ministerial Error Allegation.
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    We agree with the petitioners' allegation. The CONNUM-specific per-
unit duty cost amount that forms the basis of our duty-drawback 
adjustment was in Korean won.\4\ The Department inadvertently failed to 
convert CONNUM-specific per-unit duty cost amount to U.S. dollars when 
adjusting U.S. price in the margin calculation program.\5\ This error 
constitutes a ministerial error within the meaning of 19 CFR 
351.224(f).\6\ Moreover, correcting this ministerial error changes the 
margin from 10.09 percent to 40.80 percent, thereby making this error 
significant pursuant to 19 CFR 351.224(g)(1).\7\
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    \4\ See POSCO August 23, 2017 Response to Supplemental Section D 
Questionnaire at SD-12 and Exhibit SD-10, and POSCO October 11, 2017 
Response to Second Supplemental Section D Questionnaire at SD2-6 and 
Exhibit SD2-7.
    \5\ See DOC October 24, 2017 Memorandum: ``Cost of Production 
and Constructed Value Calculation Adjustments for the Preliminary 
Determination--POSCO'' at 4, and DOC October 24, 2017 Memorandum: 
``Preliminary Determination Margin Calculation for POSCO'' at 5.
    \6\ See DOC Memorandum: ``Allegation and Analysis of Ministerial 
Error in the Preliminary Determination,'' dated concurrently with 
this memorandum (Ministerial Error Analysis Memorandum).
    \7\ See DOC Memorandum: ``Amended Preliminary Determination 
Margin Calculation for POSCO,'' dated concurrently with this 
memorandum (Amended Preliminary Calculation Memorandum).
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Amended Preliminary Determination

    We are amending the preliminary determination of sales at less-
than-fair-value for wire rod from Korea to reflect the correction of a 
ministerial error made in the margin calculation for POSCO. In 
addition, because the preliminary ``All-Others'' rate was based on the 
estimated weighted-average dumping margin calculated for POSCO, we are 
also amending the ``All-Others'' rate. As a result of the correction of 
the ministerial error, the revised weighted-average dumping margins are 
as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter/manufacturer                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
POSCO.......................................................       40.80
All[dash]Others.............................................       40.80
------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates established in this amended 
preliminary determination, in accordance with section 733(d) and (f) of 
the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.224. 
Because the rates are increasing from the Preliminary Determination, 
the amended cash deposit rates will be effective on the date of 
publication of this notice in the Federal Register.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we notified the 
International Trade Commission of our amended preliminary 
determination.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224.

[[Page 56221]]

    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: November 20, 2017.
Gary Taverman
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The products covered by this investigation are certain hot-
rolled products of carbon steel and alloy steel, in coils, of 
approximately round cross section, less than 19.00 mm in actual 
solid cross-sectional diameter. Specifically excluded are steel 
products possessing the above-noted physical characteristics and 
meeting the Harmonized Tariff Schedule of the United States (HTSUS) 
definitions for (a) stainless steel; (b) tool steel; (c) high-nickel 
steel; (d) ball bearing steel; or (e) concrete reinforcing bars and 
rods. Also excluded are free cutting steel (also known as free 
machining steel) products (i.e., products that contain by weight one 
or more of the following elements: 0.1 percent or more of lead, 0.05 
percent or more of bismuth, 0.08 percent or more of sulfur, more 
than 0.04 percent of phosphorous, more than 0.05 percent of 
selenium, or more than 0.01 percent of tellurium). All products 
meeting the physical description of subject merchandise that are not 
specifically excluded are included in this scope.
    The products under investigation are currently classifiable 
under subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 
7213.91.3093; 7213.91.4500, 7213.91.6000, 7213.99.0030, 
7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020, 
7227.90.6030, and 7227.90.6035 of the HTSUS. Products entered under 
subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS also may be 
included in this scope if they meet the physical description of 
subject merchandise above. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of this proceeding is dispositive.

[FR Doc. 2017-25658 Filed 11-27-17; 8:45 am]
BILLING CODE 3510-DS-P