[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Notices]
[Pages 21490-21491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06609]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-881]


Certain Cold-Rolled Steel Flat Products From the Republic of 
Korea: Amended Final Results of Antidumping Duty Administrative Review; 
2021-2022

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 cold-rolled steel flat products (cold-rolled steel) 
from the Republic of Korea (Korea) to correct a ministerial error. The 
period of review (POR) is September 1, 2021, through August 31, 2022.

DATES: Applicable March 28, 2024.

FOR FURTHER INFORMATION CONTACT: Caroline Carroll, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4948.

SUPPLEMENTARY INFORMATION:

Background

    On February 23, 2024, Commerce published the Final Results of this 
review in the Federal Register.\1\ On February 23, 2024, we received a 
timely ministerial error allegation from Steel Dynamics, Inc. (SDI), 
the petitioner.\2\ No other party made a ministerial error allegation 
or rebutted the petitioner's ministerial error allegation. We are 
amending the Final Results to correct the ministerial error raised by 
SDI.
---------------------------------------------------------------------------

    \1\ See Certain Cold-Rolled Steel Flat Products from the 
Republic of Korea: Final Results of Antidumping Duty Administrative 
Review; 2021-2022, 89 FR 13689 (February 23, 2024) (Final Results), 
and accompanying Issues and Decision Memorandum.
    \2\ See Petitioner's Letter, ``Ministerial Error Comments on 
Final Dumping Margin of Hyundai Steel Company,'' dated February 23, 
2024 (Ministerial Error Allegation).
---------------------------------------------------------------------------

Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' 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 . . .''

Ministerial Error

    In the Final Results, we made a countervailing duty export subsidy 
offset in our calculations for Hyundai Steel Company (Hyundai).\3\ In 
its Ministerial Error Allegation, the petitioner noted that while 
Commerce intended to adjust Hyundai's U.S. price by a 0.04 percent 
export subsidy offset rate, it instead adjusted U.S. price by a four 
percent rate.\4\ We agree that we made this ministerial error in the 
Final Results and we are amending the Final Results to correct this 
ministerial error, pursuant to section 751(h) of the Act and 19 CFR 
351.224(e). Correcting this error changes Hyundai's weighted-average 
dumping margin from 0.88 percent to 1.35 percent. As a result of these 
changes, the rate for the company not selected for individual 
examination, KG Dongbu Steel Co., Ltd. (KG Dongbu), also changes from 
2.13 percent to 2.28 percent.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Amended Final Results Margin Calculation 
for Hyundai Steel Company,'' dated concurrently with this notice 
(Hyundai Steel Amended Final Calculation Memo).
    \4\ See Ministerial Error Allegation.
---------------------------------------------------------------------------

    For a detailed discussion of the ministerial error, as well as 
Commerce's analysis, see Ministerial Error Memorandum.\5\ The 
Ministerial Error 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.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Ministerial Error Allegation in the Final 
Results,'' dated concurrently with this notice (Ministerial Error 
Memorandum); see also Hyundai Steel Amended Final Calculation Memo.
---------------------------------------------------------------------------

Amended Final Results

    As a result of correcting the ministerial error described above, we 
determine that the following estimated weighted-average dumping margins 
exists for the period September 1, 2021, through August 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel Company.......................................        1.35
KG Dongbu Steel Co., Ltd....................................        2.28
------------------------------------------------------------------------

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 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 review.
    In accordance with 19 CFR 351.212(b)(1), for Hyundai, 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.\6\ 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.
---------------------------------------------------------------------------

    \6\ We note that POSCO/POSCO International's (POSCO's) dumping 
margin did not change in these amended final results.
---------------------------------------------------------------------------

    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise made during the period of review produced by 
Hyundai for which the examined company did not know that the 
merchandise that it sold to the intermediary company (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, we will instruct CBP to liquidate such entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.
    For the company not selected for individual examination, KG Dongbu, 
we will instruct CBP to assess antidumping duties at an ad valorem 
assessment rate based on the weighted average of the cash deposit rates 
calculated for Hyundai and POSCO.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of

[[Page 21491]]

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 amended cash deposit requirements will be effective 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after February 23, 2024, the 
publication date of the Final Results, as provided 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 less-than-fair-value (LTFV) 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; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 20.33 percent, the all-others rate established in the 
LTFV investigation.\7\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \7\ See Certain Cold Rolled Steel Flat Products from Brazil, 
India, the Republic of Korea, and the United Kingdom: Amended Final 
Affirmative Antidumping Determinations for Brazil and the United 
Kingdom and Antidumping Duty Orders, 81 FR 64432, 64434 (September 
20, 2016).
---------------------------------------------------------------------------

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 review period. Failure to comply 
with this requirement could result in 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 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 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

    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: March 18, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-06609 Filed 3-27-24; 8:45 am]
BILLING CODE 3510-DS-P