[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Notices]
[Pages 35604-35605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15744]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Countervailing Duty Order on Certain Hot-Rolled Steel Flat
Products From the Republic of Korea: Amended Final Results of the First
Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the final
results of the administrative review of the countervailing duty (CVD)
order on certain hot-rolled steel flat products (hot-rolled steel) from
the Republic of Korea (Korea) to correct a ministerial error. The
period of review (POR) is August 12, 2016 through December 31, 2016.
DATES: Applicable July 24, 2019.
FOR FURTHER INFORMATION CONTACT: Hannah Falvey, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4889.
SUPPLEMENTARY INFORMATION:
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 June 19, 2019, Commerce
published its final results of the administrative review of the CVD
order of hot-rolled steel from Korea.\1\ On June 24, 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 Hot-Rolled Steel Flat Products from the Republic
of Korea: Final Results of the Countervailing Duty Administrative
Review, 2016, 84 FR 28461 (June 19, 2019) (Final Results), and
accompanying Issues and Decision Memorandum (IDM).
\2\ See POSCO's Letter, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea, 8/12/2016-12/31/2016 Administrative
Review, Case No. C-580-884: POSCO's Ministerial Error Allegation,''
dated June 24, 2019.
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Scope of the Order
The merchandise covered by the order is certain hot-rolled steel
flat products from Korea. 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 and accompanying 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 POSCO's KORES loans.\5\
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\4\ See Memorandum, ``Allegation of Ministerial Errors in the
Final Results of the First Antidumping Duty Administrative Review of
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,''
dated concurrently with, and herby adopted by, this notice (Amended
Final Issues and Decision Memorandum).
\5\ See Memorandum, ``Countervailing Duty Review of Certain Hot-
Rolled Steel Flat Products from the Republic of Korea: Final Results
Calculations for POSCO,'' dated June 11, 2019.
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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 rate for POSCO.\6\ The
revised net subsidy rate is provided below.
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\6\ Id. Because we relied on POSCO's subsidy rates to calculate
the rate for non-selected companies under review, we are revising
the calculation for non-selected companies under review in these
amended final results. After this revision, the rate for non-
selected companies is unchanged from the Final Results. See
Memorandum, ``Countervailing Duty Administrative Review: Certain
Hot-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
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Subsidy rate
Company (percent
valorem) \7\
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POSCO................................................... 0.54
[[Page 35605]]
Hyundai Steel Co., Ltd.................................. 0.58
DCE Inc................................................. 0.56
Dong Chuel America Inc.................................. 0.56
Dongbu Steel Co., Ltd................................... 0.56
Dongkuk Industries Co., Ltd............................. 0.56
Hyewon Sni Corporation (H.S.I.)......................... 0.56
Soon Hong Trading Co., Ltd.............................. 0.56
Sung-A Steel Co., Ltd................................... 0.56
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Assessment Rates
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\7\ The rate for non-selected companies under review remains
unchanged from the Final Results.
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Commerce intends to issue assessment instructions to U.S. Customs
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, from August 12, 2016 through December 31, 2016, at the ad
valorem rates listed above.
Cash Deposit Rate
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 June 19, 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 amended final results in
accordance with sections 751(h) and 777(i)(1) of the Act, and 19 CFR
351.224(e).
Dated: July 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-15744 Filed 7-23-19; 8:45 am]
BILLING CODE 3510-DS-P