2019-15744. Countervailing Duty Order on Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Amended Final Results of the First Administrative Review  

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    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.

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    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.

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    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.

    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]

    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]

    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.

    Amended Final Results

    CompanySubsidy rate (percent valorem) 7
    POSCO0.54
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    Hyundai Steel Co., Ltd0.58
    DCE Inc0.56
    Dong Chuel America Inc0.56
    Dongbu Steel Co., Ltd0.56
    Dongkuk Industries Co., Ltd0.56
    Hyewon Sni Corporation (H.S.I.)0.56
    Soon Hong Trading Co., Ltd0.56
    Sung-A Steel Co., Ltd0.56

    Assessment Rates

    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).

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    Dated: July 18, 2019.

    Jeffrey I. Kessler,

    Assistant Secretary for Enforcement and Compliance.

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    Footnotes

    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).

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    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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    3.  See Final Results and accompanying IDM.

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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).

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    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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    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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    7.  The rate for non-selected companies under review remains unchanged from the Final Results.

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    [FR Doc. 2019-15744 Filed 7-23-19; 8:45 am]

    BILLING CODE 3510-DS-P

Document Information

Published:
07/24/2019
Department:
International Trade Administration
Entry Type:
Notice
Document Number:
2019-15744
Dates:
Applicable July 24, 2019.
Pages:
35604-35605 (2 pages)
Docket Numbers:
C-580-884
PDF File:
2019-15744.Pdf
Supporting Documents:
» Requests for Nominations: Trade Promotion Coordinating Committee
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Drawn Stainless Steel Sinks from the People's Republic of China; Recission
» Determinations of Sales at Less than Fair Value: Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil, South Africa, and Republic of Turkey
» Meetings: United States Travel and Tourism Advisory Board
» Investigations; Determinations, Modifications, and Rulings, etc.: Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Republic of Turkey
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Cut-to-Length Plate from People's Republic of China
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Pasta from Italy
» Determinations of Sales at Less Than Fair Value: Truck and Bus Tires From People's Republic of China
» Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Initiation of Five-Year (Sunset) Review