[Federal Register Volume 85, Number 83 (Wednesday, April 29, 2020)]
[Notices]
[Pages 23758-23759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09104]
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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; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the final
results of the administrative review of the antidumping duty (AD) order
on certain corrosion-resistant steel products (CORE) from Taiwan to
correct a ministerial error.
DATES: Applicable April 29, 2020.
FOR FURTHER INFORMATION CONTACT: Shanah Lee, 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) 482-6386.
SUPPLEMENTARY INFORMATION:
Background
On March 24, 2020, Commerce published its Final Results of the
second administrative review of the AD order on CORE from Taiwan.\1\ On
March 20, 2020, Prosperity Tieh Enterprise Co., Ltd. (Prosperity), one
of the respondents in this administrative review, timely submitted
comments alleging a ministerial error in Commerce's Final Results.\2\
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\1\ See Certain Corrosion-Resistant Steel Products from Taiwan:
Final Results of Antidumping Duty Administrative Review; 2017-2018,
85 FR 16613 (March 24, 2020) (Final Results).
\2\ See Prosperity's Letter, ``Corrosion-Resistant Steel
Products from Taiwan, 7/1/2017-6/30/2018 Administrative Review, Case
No. A-583-856: Ministerial Error Comments,'' dated March 20, 2020.
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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
Commerce committed an inadvertent, unintentional error within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect
to our treatment of certain U.S. sales that were invoiced prior to the
imposition of section 232 duties but entered after the imposition of
the 232 duties. Specifically, we inadvertently treated the amount that
Prosperity charged its customers to cover 232 duties as the amount of
232
[[Page 23759]]
duties paid, and therefore mistakenly reduced, rather than increased,
U.S. price by that amount. Accordingly, Commerce determines that, in
accordance with section 751(h) of the Act and 19 CFR 351.224(e), it
made a ministerial error in the Final Results. 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 the final
margin assigned to Prosperity, which changes from 3.48 percent to 0.60
percent.\4\
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\4\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from Taiwan: Prosperity Tieh Enterprise Co., Ltd.--Amended Final
Results Calculation in the 2017-2018 Antidumping Duty Administrative
Review,'' dated concurrently with this decision.
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Amended Final Results of the Review
As a result of correcting the ministerial error described above,
Commerce determines that, for the period of July 1, 2017 through June
30, 2018, the following weighted-average dumping margin exists:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Prosperity Tieh Enterprise Co., Ltd..................... 0.60
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Disclosure
We intend to disclose the calculation performed for these amended
final results in accordance with 19 CFR 351.224(b).
Antidumping Duty Assessment
Normally, Commerce would issue appropriate 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 produced and/or exported by Prosperity
entered, or withdrawn from warehouse, for consumption during the July
1, 2017 through June 30, 2018 period of review. However, on April 8,
2020, the Court enjoined liquidation of entries produced and exported
by Prosperity, and imported by Prosperity Tieh USA, that are subject to
the Final Results.\5\ Accordingly, Commerce will not instruct CBP to
assess antidumping duties on those enjoined entries pending resolution
of the associated liquidation.
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\5\ The Court issued a statutory injunction under case number
16-00138 (April 8, 2020).
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Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively for all shipments of subject merchandise that entered, or
withdrawn from warehouse, for consumption on or after the March 24,
2020, 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 Prosperity will be equal to the
weighted-average dumping margin established in these amended final
results of review; (2) for previously reviewed or investigated
companies, including those for which Commerce may have determined they
had no shipments during the POR, 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
manufacturer is, then the cash deposit rate will be the rate
established for the most recently completed segment of this proceeding
for the manufacturer of the merchandise; and (4) if neither the
exporter nor the manufacturer 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
amended final of the less-than-fair-value investigation.\6\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\6\ 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 Secretary's presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (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: April 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-09104 Filed 4-28-20; 8:45 am]
BILLING CODE 3510-DS-P