[Federal Register Volume 84, Number 37 (Monday, February 25, 2019)]
[Notices]
[Pages 5991-5993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03130]
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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; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce is amending the final results of
the
[[Page 5992]]
administrative review of the antidumping duty order on certain
corrosion-resistant steel products (CORE) from Taiwan to correct a
ministerial error.
DATES: Applicable February 25, 2019.
FOR FURTHER INFORMATION CONTACT: Emily Halle, 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) 482-0176.
SUPPLEMENTARY INFORMATION:
Background
On December 17, 2018, the Department of Commerce (Commerce)
published its Final Results of the first administrative review of the
antidumping duty order on CORE from Taiwan.\1\ On December 21, 2018, AK
Steel Corporation, the petitioner in this administrative review,
submitted comments alleging ministerial errors in Commerce's Final
Results.\2\ Commerce exercised its discretion to toll all deadlines
affected by the partial federal government closure from December 22,
2018, through the resumption of operations on January 29, 2019.\3\ The
revised deadline for the amended final results decision is now February
25, 2019.
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\1\ See Certain Corrosion-Resistant Steel Products from Taiwan:
Final Results of Antidumping Duty Administrative Review; 2016-2017,
83 FR 64527 (December 17, 2018) (Final Results) and accompanying
Issues and Decision Memorandum (IDM).
\2\ See letter from the petitioner, ``Certain Corrosion-
Resistant Steel Products from Taiwan: Petitioner's Ministerial Error
Comments Regarding Yieh Phui and Synn,'' dated December 21, 2018
(Ministerial Error Allegation).
\3\ See memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
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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.'' \4\ With respect to final results, 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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\4\ See also 19 CFR 351.224(f).
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Amendment to Final Results
Commerce committed an inadvertent error within the meaning of
section 735(e) of the Act and 19 CFR 351.224(f) \5\ with respect to the
U.S credit expense calculation for Yieh Phui Enterprise Co., Ltd. (YP)
and Synn Industrial Co., Ltd. (Synn) (collectively, YP/Synn).\6\
Therefore, 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 the final margin assigned to YP/Synn, which changes
from 2.22 percent to 2.24 percent.\7\ Furthermore, we are revising the
review-specific average rate applicable to Chung Hung Steel
Corporation, which was not selected for individual examination in this
administrative review, as it was based, in part, on the weighted-
average dumping margin assigned to YP/Synn.
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\5\ Id.
\6\ See memorandum, ``Ministerial Error Memorandum for the Final
Results of the 2016-2017 Antidumping Duty Administrative Review of
Certain Corrosion-Resistant Steel Products from Taiwan,'' signed
concurrently with this notice.
\7\ See memorandum, ``Amended Final Results Calculations for YP/
Synn,'' dated concurrently with this decision.
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Amended Final Results of the Review
We determine that, for the period of June 2, 2016, through June 30,
2017, the following weighted-average dumping margins exist:
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\8\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis or based entirely on facts available. See section
735(c)(5)(A) of the Act.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Chung Hung Steel Corporation................................ \8\ 2.60
Yieh Phui Enterprise Co., Ltd. and Synn Industrial Co., Ltd. 2.24
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Disclosure
We intend to disclose the calculation performed for these amended
final results in accordance with 19 CFR 351.224(b).
Antidumping Duty Assessment
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries
covered by this review.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by YP/Synn
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate those entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.
We intend to issue instructions to CBP 15 days after the
publication date of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively for all shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the December 17,
2018, 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 YP/Synn and Chung Hung will be equal
to the weighted-average dumping margins established in these amended
final results of review; (2) for previously reviewed or investigated
companies, including those for which Commerce may have determined they
had no shipments during the POR, 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
manufacturer is, then the cash deposit rate will be the rate
established for the most recently completed segment of this proceeding
for the manufacturer of the merchandise; and (4) if neither the
exporter nor the manufacturer 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 10.34 percent established in
the less-than-fair-value investigation.\9\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\9\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 82 FR 48390 (July 25,
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 POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of
[[Page 5993]]
antidumping and/or countervailing duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties' subject to
administrative protective orders (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/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.
We are issuing and publishing this notice in accordance with
section 735(e) of the Act and 19 CFR 351.224(e) and (f).
Dated: February 19, 2019.
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.
[FR Doc. 2019-03130 Filed 2-22-19; 8:45 am]
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