[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29635-29636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09729]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-883]


Certain Hot-Rolled Steel Flat Products From the Republic of 
Korea: Amended Final Results of Antidumping Duty Administrative Review 
in Part; 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, in part, of the antidumping 
duty order on certain hot-rolled steel flat products from the Republic 
of Korea (Korea), covering the period of review (POR) October 1, 2020, 
through September 30, 2021, to correct a ministerial error.

DATES: Applicable May 8, 2023.

FOR FURTHER INFORMATION CONTACT: Christopher Williams, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5166.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Final Results of this review in the Federal 
Register on April 20, 2023.\1\ On April 24, 2023, we received a timely 
submitted ministerial error allegation from Hyundai Steel Company 
(Hyundai Steel).\2\ We are amending the Final Results to correct the 
ministerial error raised by Hyundai Steel.
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    \1\ See Certain Hot-Rolled Steel Flat Products from the Republic 
of Korea: Final Results of Antidumping Duty Administrative Review; 
2020-2021, 88 FR 24387 (April 20, 2023) (Final Results).
    \2\ See Hyundai Steel's Letter, ``Hyundai Steel's Comments on 
Ministerial Error in Final Results,'' dated April 24, 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 administering authority considers 
ministerial.'' \3\ 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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    \3\ See 19 CFR 351.224(f).
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Ministerial Error

    We agree with Hyundai Steel that Commerce made a ministerial error 
in the Final Results within the meaning of section 751(h) of the Act 
and 19 CFR 351.224(f) by inadvertently not updating the program with 
revised cost data from the Final Results when merging it with U.S. sale 
data, resulting in an incorrect margin calculation for Hyundai Steel. 
Accordingly, 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 Hyundai Steel's antidumping duty margin rate, which 
changes from 0.88 percent to 0.84 percent.
    For a detailed discussion of Commerce's analysis, see the 
Ministerial Error Memorandum and Amended Final Results Analysis 
Memorandum.\4\ Furthermore, we are amending the rate for the companies 
not selected for individual examination in this review based on the 
weighted-average dumping margins calculated for the mandatory 
respondents,\5\ which changes from 0.88 percent to 0.84 percent.
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    \4\ See Memoranda, ``Ministerial Error Memorandum for the Final 
Results of the Antidumping Duty Administrative Review; 2020-2021: 
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,'' 
dated concurrently with, and hereby adopted by, this notice 
(Ministerial Error Memorandum); and ``Amended Final Results for 
Hyundai Steel Company,'' dated concurrently with this notice 
(Amended Final Results Analysis Memorandum).
    \5\ The margin for the other mandatory respondent, POSCO 
(Commerce treated POSCO and POSCO International Corporation as a 
single entity) remains unchanged from the Final Results and 
continues to be 0.00 percent.
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Amended Final Results of Review

    As a result of correcting the ministerial error described above, 
Commerce determines that the following weighted-average dumping margins 
exist for the period October 1, 2020, through September 30, 2021:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Producer/exporter                          margin
                                                            (percent)
------------------------------------------------------------------------
Hyundai Steel Company..................................            0.84
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    Review-Specific Average Rate Applicable to the Following Companies:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Del Trading Inc.........................................            0.84
Dongkuk Industries Co., Ltd.............................            0.84
Dongkuk Steel Mill Co., Ltd.............................            0.84
Gs Global Corp..........................................            0.84
Gs Holdings Corp........................................            0.84
KG Dongbu Steel Co., Ltd................................            0.84
Marubeni-Itochu Steel Korea, Ltd........................            0.84
Samsung C and T Corporation.............................            0.84
Snp Ltd.................................................            0.84
Soon Ho Co., Ltd........................................            0.84
Soon Hong Trading Co. Ltd...............................            0.84
Sungjin Co., Ltd........................................            0.84
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in connection with 
these amended final results of review to parties in this review within 
five days after public announcement of the amended final results, or if 
there is no public announcement, 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 will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the amended final 
results of this review.
    For Hyundai Steel, we calculated importer-specific assessment rates 
on the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales and the total entered value of those 
sales in accordance with 19 CFR 351.212(b)(1). Where an importer-
specific assessment rate is de minimis (i.e., less than 0.5 percent), 
the entries by that importer will be liquidated without regard to 
antidumping duties. Because POSCO's weighted-average dumping margin was 
not changed in these amended final results, we will continue to 
instruct CBP to liquidate POSCO's entries without

[[Page 29636]]

regard to duties in accordance with 19 CFR 351.106(c)(1).
    For entries of subject merchandise during the POR produced by 
Hyundai Steel for which it did not know that its merchandise was 
destined for the United States, 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 identified above that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rate established in these amended final results of review.
    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

    Upon publication of this notice in the Federal Register, the 
following amended cash deposit requirements will be retroactively 
effective for all shipments of subject merchandise that entered, or 
were withdrawn from warehouse, for consumption on or after April 20, 
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 amended 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 merchandise exported by 
producers or exporters not covered in this review but covered in a 
prior completed segment of the proceeding, the cash deposit rate will 
continue to be the company-specific rate published in the completed 
segment for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original investigation 
but the producer has been covered in a prior completed segment of this 
proceeding, then the cash deposit rate will be the rate established in 
the completed segment for the most recent period for the producer of 
the merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 6.05 percent, the all-others rate 
established in the less-than-fair-value investigation for this 
proceeding.\6\ These amended cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \6\ See Order, 81 FR at 67963, 67965.
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Notification to Importers

    This notice 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 and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing 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 return or destruction of proprietary information 
disclosed under the 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 terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these amended final results of review 
in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: May 2, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-09729 Filed 5-5-23; 8:45 am]
BILLING CODE 3510-DS-P