[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Notices]
[Pages 13779-13781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04498]


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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; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) is amending the 
final results of the administrative review of the antidumping duty 
order on certain corrosion-resistant steel products (CORE) from Taiwan 
to correct certain ministerial errors. The period of review is July 1, 
2020, through June 30, 2021.

DATES: Applicable March 6, 2023.

FOR FURTHER INFORMATION CONTACT: Patrick Barton or Matthew Palmer, 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) 482-0012 or (202) 
482-1678, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On February 3, 2023, the Commerce published its Final Results of 
the 2020-2021 administrative review of the antidumping duty order on 
CORE from

[[Page 13780]]

Taiwan.\1\ On February 2, 2023, Commerce disclosed its calculations to 
interested parties and provided interested parties with the opportunity 
to submit ministerial error comments.\2\ On February 7, 2023, 
Cleveland-Cliffs Inc. (the petitioner), timely submitted ministerial 
error comments regarding Commerce's Final Results.\3\ On February 10, 
2023, Prosperity Tieh Enterprise, Co., Ltd. (Prosperity), a mandatory 
respondent in this administrative review, timely submitted ministerial 
error comments regarding Commerce's Final Results.\4\ Commerce is 
amending its Final Results to correct certain ministerial errors 
alleged by the petitioner.
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    \1\ See Certain Corrosion-Resistant Steel Products from Taiwan: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2020-2021, 88 FR 7408 (February 3, 
2023) (Final Results), and accompanying Issues and Decision 
Memorandum.
    \2\ See Memorandum, ``Deadline for Ministerial Error Comments 
for the Final Results,'' dated February 2, 2023.
    \3\ See Petitioner's Letter, ``Certain Corrosion-Resistant Steel 
Products from Taiwan: Petitioner's Ministerial Error Comments,'' 
dated February 7, 2023.
    \4\ See Prosperity's Letter, ``Corrosion-Resistant Steel 
Products from Taiwan, 7/1/2020-6/30/2021 Administrative Review, Case 
No. A-583-856: Ministerial Error Comments,'' dated February 10, 
2023.
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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 {Commerce{time}  considers 
ministerial.'' \5\ With respect to final results of administrative 
reviews, 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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    \5\ See 19 CFR 351.224(f).
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Ministerial Errors

    In the final results of the review, Commerce made inadvertent 
errors within the meaning of section 751(h) of the Act and 19 CFR 
351.224(f) with respect to the calculation of Prosperity's and Yieh 
Phui Enterprise Co., Ltd.'s (Yieh Phui) weighted-average costs and 
actual production quantities. Accordingly, Commerce determines that, in 
accordance with section 751(h) of the Act and 19 CFR 351.224(f), it 
made certain ministerial errors in the Final Results.
    For a complete description and analysis of the specific inadvertent 
errors, and the petitioner's and Prosperity's ministerial error 
allegations, please see the accompanying Ministerial Error Allegations 
Memorandum.\6\ The Ministerial Error Allegations Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov.
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    \6\ See Memorandum, ``Ministerial Error Allegations,'' dated 
concurrently with this notice (Ministerial Error Allegations 
Memorandum).
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    Pursuant to 19 CFR 351.224(e), Commerce is amending the Final 
Results to reflect the correction of these ministerial errors in the 
calculation of the weighted-average dumping margins assigned to 
Prosperity and Yieh Phui in the Final Results, which change from 3.64 
and 2.88 percent, respectively, to 3.74 and 4.89 percent, 
respectively.\7\ Furthermore, we are revising the review-specific, 
weighted-average dumping margin applicable to the company not selected 
for individual examination (i.e., Sheng Yu Steel Co., Ltd. (Sheng Yu)) 
in this administrative review, which is based on Prosperity's and Yieh 
Phui's weighted-average dumping margins.\8\ We calculated Sheng Yu's 
weighted-average dumping margin as the weighted average of the 
weighted-average dumping margins determined for the two mandatory 
respondents where the weights are the publicly ranged quantities sold 
by each of the mandatory respondents.
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    \7\ Id.; see also Final Results, 88 FR at 7409.
    \8\ In the case of two mandatory respondents, our practice is to 
calculate: (A) a weighted average of the dumping margins calculated 
for the mandatory respondents; (B) a simple average of the dumping 
margins calculated for the mandatory respondents; and (C) a weighted 
average of the dumping margins calculated for the mandatory 
respondents using each company's publicly ranged values for the 
merchandise under consideration. We compare (B) and (C) to (A) and 
select the rate closest to (A) as the most appropriate rate for all 
other companies. See Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Final Results of Antidumping Duty 
Administrative Review; 2014-2016, 82 FR 31555, 31556 (July 7, 2017). 
We have applied that practice here. See Memorandum, ``Calculation of 
the All-Others' Rate in the Amended Final Results,'' dated 
concurrently with this notice.
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Amended Final Results of Review

    As a result of correcting these ministerial errors, Commerce 
determines that, for the period of July 1, 2020, through June 30, 2021, 
the following weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd.........................        3.74
Sheng Yu Steel Co., Ltd.....................................        4.14
Yieh Phui Enterprise Co., Ltd...............................        4.89
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for these amended 
final results to parties in this review within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with these amended final 
results of the administrative review.
    In accordance with 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem antidumping duty assessment rates based on the 
ratio of the total amount of dumping calculated for the examined sales 
for each importer to the total entered value of the sales for each 
importer. Where an importer-specific antidumping duty assessment rate 
is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), 
Commerce will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties. Commerce's ``automatic assessment'' will 
apply to entries of subject merchandise during the period of review 
produced by companies included in these amended final results of review 
for which the reviewed companies did not know that the merchandise they 
sold to the intermediary (e.g., a reseller, trading company, or 
exporter) was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.
    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem assessment rate equal to the weighted- average dumping margins 
determined in these amended final results. The amended final results of 
this review shall be the basis for the assessment of antidumping duties 
on entries of merchandise covered by the amended final results of this 
review and

[[Page 13781]]

for future deposits of estimated duties, where applicable.\9\
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    \9\ See section 751(a)(2)(C) of the Act.
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    Normally, Commerce would issue appropriate assessment instructions 
to CBP 35 days after the date of publication of the amended final 
results of this review in the Federal Register, to liquidate shipments 
of subject merchandise produced and exported by Yieh Phui entered, or 
withdrawn from warehouse, for consumption during the July 1, 2020 
through June 30, 2021 period of review. However, on February 15, 2023, 
the U.S. Court of International Trade (the Court) enjoined liquidation 
of entries produced and exported by Yieh Phui, that are subject to the 
Final Results.\10\ Accordingly, Commerce will not instruct CBP to 
assess antidumping duties on those enjoined entries pending resolution 
of the associated liquidation.
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    \10\ The Court issued a statutory injunction under CIT case 
number 16-00138 (April 8, 2020).
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    For Prosperity and Sheng Yu, Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the amended final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively for all shipments of subject merchandise that entered, or 
were withdrawn from warehouse, for consumption on or after February 3, 
2023, 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 the companies listed above will be 
equal to the weighted-average dumping margin established in these 
amended final results of review; (2) for producers or exporters not 
covered in this review but covered in a prior segment of the 
proceeding, 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 producer is, then 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the producer of the 
merchandise; and (4) if neither the exporter nor the producer 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 3.66 percent 
established in the less-than-fair-value investigation.\11\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \11\ See Corrosion-Resistant Steel Products from Taiwan: Notice 
of Court Decision Not in Harmony with Final Determination of 
Antidumping Duty Investigation and Notice of Amended Final 
Determination of Investigation, 84 FR 6129 (February 26, 2019).
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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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 return or 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.

Notification to Interested Parties

    The amended final results and notice are issued and published in 
accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-04498 Filed 3-3-23; 8:45 am]
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