[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38680-38681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15586]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-878]


Corrosion-Resistant Steel Products From the Republic of Korea: 
Amended Final Results of Antidumping Duty Administrative Review; 2018-
2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the antidumping duty administrative review of the 
antidumping duty order on certain corrosion resistant steel products 
(CORE) from the Republic of Korea (Korea) to correct a ministerial 
error with respect to Dongkuk Steel Mill Co., Ltd. (Dongkuk)'s final 
margin rate. The period of review is July 1, 2018, through June 30, 
2019.

DATES: Applicable July 22, 2021.

FOR FURTHER INFORMATION CONTACT: Leo Ayala, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-3945.

SUPPLEMENTARY INFORMATION:

Background

    On May 27, 2021, Commerce published its Final Results.\1\ On June 
1, 2021, we received timely-filed ministerial error comments from 
Dongkuk alleging that Commerce made a ministerial error in the Final 
Results.\2\ No other party made an allegation of ministerial errors. 
After reviewing the allegation, we determine that the Final Results 
included a ministerial error with respect Dongkuk's final margin rate 
calculation. Therefore, we made a change, as described below, to the 
Final Results.
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    \1\ See Corrosion-Resistant Steel Products from the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2018-2019, 86 FR 28571 (May 27, 
2021) (Final Results).
    \2\ See Dongkuk's Letter, ``Certain Corrosion-Resistant Steel 
Products from the Republic of Korea: Ministerial Error Comments,'' 
dated June 1, 2021 (Dongkuk Ministerial Allegation).
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Scope of the Order

    The products covered by this order is CORE from Korea. For a 
complete description of the scope of the order, see the Final Results.

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

    Dongkuk alleged 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 incorrectly calculating Dongkuk's total cost of 
manufacturing. We agree. Therefore, pursuant to 19 CFR 351.224(e), we 
are amending the Final Results to correct this error. This correction 
results in a change to Dongkuk's weighted-average dumping margin and 
also changes the rate calculated for the non-individually-examined 
companies. For a detailed discussion of the ministerial error 
allegation, as well as Commerce's analysis, see the Ministerial Error 
Memorandum.\4\
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    \4\ See Memorandum, ``Corrosion-Resistant Steel Products from 
the Republic of Korea: Amended Final Results--Ministerial Error 
Allegation in Final of Antidumping Duty Administrative Review,'' 
dated concurrently with this Federal Register notice (Ministerial 
Error Memorandum).
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Amended Final Results of the Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period July 1, 2018, through June 30, 
2019:

------------------------------------------------------------------------
                                                           Estimated
                                                       weighted-average
                  Exporter/producer                     dumping margin
                                                           (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd. (Dongkuk)..............                0.66
Non-individually Examined Companies:
    POSCO...........................................                0.74
    POSCO Coated & Color Steel Co., Ltd.............                0.74
    POSCO Daewoo Corporation........................                0.74
    POSCO International Corporation.................                0.74
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[[Page 38681]]

Disclosure

    We intend to disclose the calculations performed for these amended 
final results 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 the amended final 
results of this review.
    In accordance with 19 CFR 351.212(b)(1), where Dongkuk reported the 
entered value of its U.S. sales, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales for which entered value was reported. Where Dongkuk did not 
report entered value, we calculated the entered value in order to 
calculate the assessment rate. Where either Dongkuk's weighted-average 
dumping margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), or an importer-specific rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the average of the cash deposit 
rates calculated for Dongkuk and Dongbu Steel Co., Ltd.\5\ The amended 
final results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the amended 
final results of this review and for future deposits of estimated 
duties, where applicable.
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    \5\ See Memorandum, ``Antidumping Duty Administrative Review of 
Certain Corrosion-Resistant Steel Products from the Republic of 
Korea: Amended Final Results Calculation for All Others,'' dated 
concurrently with this Federal Register notice.
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    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by companies included in 
these final results of review for which the reviewed companies did not 
know that the merchandise they sold to the intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, 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.
    We intend to issue liquidation instructions for Dongkuk and the 
companies covered by the non-reviewed companies' rate to CBP 35 days 
after publication of these amended final results of this administrative 
review. 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 cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after May 27, 2021, the date of 
publication date of the Final Results of this administrative review, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for each specific company listed above will be that established in the 
amended final results; (2) for previously reviewed or investigated 
companies, including those for which Commerce may have determined 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 in which the company participated; (3) if 
the exporter is not a firm covered in this or an earlier review, or the 
original less-than-fair-value (LTFV) investigation, but the 
manufacturer is, 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 8.31 percent established in the LTFV investigation.\6\ 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \6\ See Certain Corrosion-Resistant Steel Products From the 
Republic of Korea: Notice of Court Decision Not in Harmony With 
Final Determination of Investigation and Notice of Amended Final 
Results, 83 FR 39054 (August 8, 2018).
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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 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 doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a final reminder to parties subject to 
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 
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: July 15, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-15586 Filed 7-21-21; 8:45 am]
BILLING CODE 3510-DS-P