[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Notices]
[Pages 69720-69722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27407]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-885]
Phosphor Copper From the Republic of Korea: Final Results of
Antidumping Duty Administrative Review; 2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Bongsan
Co., Ltd. (Bongsan) did not make U.S. sales of phosphor copper from the
Republic of Korea (Korea) below normal value during the period of
review (POR), October 14, 2016 through March 31, 2018.
DATES: Applicable December 19, 2019.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson, 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) 482-3797.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on June 17, 2019.\1\ For
a history of events that occurred since the Preliminary Results, see
the Issues and Decision Memorandum.\2\
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\1\ See Phosphor Copper from the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review; 2016-2018, 84 FR
28009 (June 17, 2019) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Phosphor Copper from the Republic of
Korea: Issues and Decision Memorandum for the Final Results of
Antidumping Duty administrative Review; 2016-2018,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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On August 13, 2019, Commerce postponed the final results of this
[[Page 69721]]
review until December 13, 2019.\3\ On September 24, 2019, Commerce
issued post preliminary results of the particular market situation and
pricing agreement alleged by the petitioner.\4\
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\3\ See Memorandum, ``Phosphor Copper from the Republic of
Korea: Extension of Time Limit for the Final Results of Antidumping
Duty Administrative Review; 2016-2018,'' dated August 13, 2019.
\4\ See Memorandum, ``Post Preliminary Analysis of Particular
Market Situation Allegation and Pricing Agreement Allegation in the
Antidumping Duty Administrative Review: Phosphor Copper from the
Republic of Korea; 2016-2018,'' dated September 24, 2019.
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Scope of the Order 5
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\5\ See Phosphor Copper from the Republic of Korea: Antidumping
Duty Order, 82 FR 18893 (April 24, 2017) (Order).
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The product covered by this order is phosphor copper from Korea.
For a complete description of the scope of this order, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the Issues and Decision Memorandum and are identified in
the appendix to this notice. The Issues and Decision 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, and to all parties in the Central Records
Unit, Room B8024 of the main Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have revised
the reported financial expense ratio to the preliminary margin
calculations for Bongsan.\6\
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\6\ See Memorandum, ``Final Results in the Antidumping Duty
Administrative Review of Phosphor Copper from the Republic of Korea
(2016-2018): Sales and Cost of Production Calculation Memorandum for
Bongsan Co., Ltd.,'' dated concurrently with this notice.
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Final Results
As a result of this review, Commerce determines the following
weighted-average dumping margin for Bongsan for the period October 14,
2016 through March 31, 2018:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Bongsan Co., Ltd............................................ 0.00
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine,
and U.S. Customs and Border Protections (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. For Bongsan, we will calculate
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). When either Bongsan's weighted-average dumping margin is
zero or de minimis (i.e., less than 0.5 percent), or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by
Bongsan for which it did not know its merchandise was destined for the
United States, 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.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for
Bongsan will be equal to the weighted-average dumping margin
established in the final results of this administrative review, except
if that rate is de minimis, in which situation the cash deposit rate
will be zero; (2) for merchandise exported by a producer or exporter
not covered in this administrative 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, a prior review, or the original less-than-fair-value
(LTFV) investigation, 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 subject merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 8.43 percent, the all-others rate established in the
LTFV investigation.
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an 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/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 this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: December 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Particular Market Situation and Pricing Agreement Allegations
V. Changes Made Since the Preliminary Results
VI. Analysis of Comments
[[Page 69722]]
Comment 1: Adverse Facts Available (AFA) to Bongsan
Comment 2: Cost-Based Particular Market Situation (PMS)
Comment 3: Bongsan's Costs on a Quarterly-Average Basis
Comment 4: Bongsan's Financial Expense Ratio
VII. Recommendation
[FR Doc. 2019-27407 Filed 12-18-19; 8:45 am]
BILLING CODE 3510-DS-P