[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Notices]
[Pages 32123-32124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14337]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-882]
Countervailing Duty Order on Certain Cold-Rolled Steel Flat
Products From the Republic of Korea: Amended Final Results of the First
Countervailing Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the final
results of the countervailing duty administrative review of certain
cold-rolled steel flat products from the Republic of Korea (Korea) to
correct a ministerial error. The period of review (POR) is July 29,
2016 through December 31, 2016.
DATES: Applicable July 5, 2019.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1121.
Background
In accordance with section 751(a)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.221(b)(5), on May 24, 2019, Commerce
published its final results of the countervailing duty administrative
review of certain cold-rolled steel flat products from Korea.\1\ On
June 3, 2019, POSCO alleged a calculation error in these Final Results
regarding POSCO's policy loans from the Korea Resources Corporation
(KORES).\2\ We did not receive any other ministerial error comments or
rebuttal comments.
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\1\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Final Results of Countervailing Duty
Administrative Review, 2016, 84 FR 24087 (May 24, 2019) (Final
Results), and accompanying Issues and Decision Memorandum (IDM).
\2\ See POSCO's letter ``Certain Cold-Rolled Steel Flat Products
from the Republic of Korea, 7/29/2016-12/31/2016 Administrative
Review, Case No. C-580-882: POSCO's Ministerial Error Allegation,''
dated June 3, 2019.
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Scope of the Order
The merchandise covered by the order is certain cold-rolled steel
flat products. For a complete description of the scope of the order,
see the Issues and Decision Memorandum accompanying the Final
Results.\3\
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\3\ See Final Results IDM.
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Ministerial Errors
Section 751(h) 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 other similar type of unintentional
error which the Secretary considers ministerial. As discussed in the
Amended Final Issues and Decision Memorandum, Commerce finds that the
error alleged by POSCO constitutes a ministerial error within the
meaning of 19 CFR 351.224(f).\4\ Specifically, Commerce made an error
in the calculation of the benefit to POSCO from the POSCO's KORES
loans.
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\4\ See Memorandum, ``Allegation of Ministerial Errors in the
Final Results of the First Antidumping Duty Administrative Review of
Certain Cold-Rolled Steel Flat Products from the Republic of
Korea,'' dated concurrently with, and hereby adopted by, this notice
(Amended Final Issues and Decision Memorandum) at 5.
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In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results to correct the ministerial error.
Specifically, we are amending the net subsidy rates for POSCO and the
non-selected companies under review.\5\ The revised net subsidy rates
are provided below.
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\5\ Id. at 5-6. Because we relied on POSCO's subsidy rates to
calculate the rate for non-selected companies under review, we are
revising the rate for non-selected companies under review in these
amended final results. See Memorandum, ``Countervailing Duty
Administrative Review: Certain Cold-Rolled Steel Flat Products from
the Republic of Korea; Amended Final Results Rate Calculation for
the Non-Selected Companies,'' dated concurrently with the amended
final results.
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Amended Final Results
As a result of correcting the ministerial error, we determine that
the countervailable subsidy rates for the producers/exporters under
review are as follows:
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Subsidy rate
Company (percent ad
valorem)
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POSCO................................................... 0.54
Dongbu Steel Co., Ltd................................... 0.56
Dongbu Incheon Steel Co., Ltd........................... 0.56
Dongkuk Steel Mill Co., Ltd............................. 0.56
Dongkuk Industries Co., Ltd............................. 0.56
Hyuk San Profile Co., Ltd............................... 0.56
Taihan Electric Wire Co., Ltd........................... 0.56
Union Steel Co., Ltd.................................... 0.56
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Assessment Rates
Commerce intends to issue assessment instructions to U.S. Customs
[[Page 32124]]
and Border Protection (CBP) 15 days after the date of publication of
these amended final results of review, to liquidate shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption, on or after January 1, 2016 through December 31, 2016, at
the ad valorem rates listed above.
Cash Deposit Requirements
Commerce intends to instruct CBP to collect cash deposits of
estimated countervailing duties, in the amounts shown above for the
companies listed above on shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after May 24, 2019, the
date of publication of the Final Results. For all non-reviewed firms,
we will instruct CBP to collect cash deposits at the most-recent
company specific or all-others rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable
violation.
Disclosure
We intend to disclose the calculations performed for these amended
final results to interested parties within five business days of the
date of the publication of this notice in accordance with 19 CFR
351.224(b).
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: June 25, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-14337 Filed 7-3-19; 8:45 am]
BILLING CODE 3510-DS-P