80 FR 42477 - Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review; 2012-2013
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 137 (July 17, 2015)
International Trade Administration
Federal Register Volume 80, Issue 137 (July 17, 2015)
| Page Range | 42477-42478 | |
| FR Document | 2015-17622 |
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)] [Notices] [Pages 42477-42478] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17622] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-809] Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review; 2012- 2013 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is amending the final results of the administrative review of the antidumping duty order on circular welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea) to correct a ministerial error.\1\ The period of review is November 1, 2012, through October 31, 2013. --------------------------------------------------------------------------- \1\ See Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2012-2013, 80 FR 32937 (June 10, 2015) (Final Results) and accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- DATES: Effective date: July 17, 2015. FOR FURTHER INFORMATION CONTACT: Joseph Shuler or Jennifer Meek, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington DC 20230; telephone (202) 482-1293 or (202) 482-2778, respectively. Background On June 5, 2015, the Department disclosed to interested parties its calculations for the Final Results.\2\ On June 10, 2015, we received a timely ministerial error allegation from domestic interested parties (Allied Tube & Conduit and TMK IPSCO) regarding the Department's margin calculation for Hyundai HYSCO (HYSCO).\3\ --------------------------------------------------------------------------- \2\ See ``Final Results Calculation Memorandum for Hyundai HYSCO,'' dated June 3, 2015. \3\ See ``Circular Welded Non-Alloy Steel Pipe from Korea: Ministerial Error Comments,'' dated June 10, 2015. --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the order is circular welded non-alloy steel pipe and tube. The product is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive.\4\ --------------------------------------------------------------------------- \4\ For a complete description of the scope of the order, see the Issues and Decision Memorandum accompanying the Final Results. --------------------------------------------------------------------------- Ministerial Error Section 751(h) of the Tariff Act of 1930, as amended (``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 similar type of unintentional error which the Secretary considers ministerial.'' We analyzed the ministerial error allegation and determined, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), that we made a ministerial error in our calculation of HYSCO's margin for the Final Results by inadvertently excluding from the comparison market program certain of HYSCO's home market sales observations. In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results with respect to HYSCO.\5\ The revised weighted-average dumping margin for HYSCO is detailed below. --------------------------------------------------------------------------- \5\ See Memorandum from Joseph Shuler, International Trade Analyst, to James Maeder, Senior Director, Office I, ``Ministerial Error Allegation in the 2012-2013 Administrative Review of the Antidumping Duty Order on Circular Welded Non-Alloy Steel Pipe from Republic of Korea.'' --------------------------------------------------------------------------- Amended Final Results As a result of correcting this ministerial error, we determine that the following weighted-average dumping margin exists for the period November 1, 2012, through October 31, 2013: ------------------------------------------------------------------------ Weighted- average Producer/exporter dumping margin (percent) ------------------------------------------------------------------------ Hyundai HYSCO............................................. 0.81 ------------------------------------------------------------------------ Assessment Rates Pursuant to section 751(a)(2)(A) and (C) of the Act, and 19 CFR 351.212(b)(1), the Department 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 final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these amended final results of review. For assessment purposes, HYSCO reported the name of the importer of record and the entered value for all of their sales to the United States during the period of review (POR). Accordingly, we calculated importer-specific ad valorem antidumping duty assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales and the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). Where an importer- specific assessment rate is zero or de minimis (i.e., less than 0.5 percent), we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties in accordance with 19 CFR 351.106(c)(2). For entries of subject merchandise during the POR produced by HYSCO for which it did not know were destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company or companies involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). [[Page 42478]] Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of amended 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)(C) of the Act: (1) The cash deposit rate for HYSCO will be equal to the respective weighted-average dumping margin established in the final results of this review; (2) for merchandise exported by manufacturers or exporters not covered in this 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 in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original 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 subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 4.80 percent, the ``all others'' rate established pursuant to a court decision.\6\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \6\ See Circular Welded Non-Alloy Steel Pipe From Korea: Notice of Final Court Decision and Amended Final Determination, 60 FR 55833 (November 3, 1995). --------------------------------------------------------------------------- Notification to Importers Regarding the Reimbursement of Duties 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 the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (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 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. Disclosure We will disclose the calculations used in our analysis to parties to these proceedings within five days of the date of publication of this notice pursuant to 19 CFR 351.224(b). These amended final results of administrative review are issued and published in accordance with sections 751(h) and 777(i)(1) of the Actand 19 CFR 351.224(f). Dated: July 10, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-17622 Filed 7-16-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices 42477
Estimated Time per Response: 16 to FOR FURTHER INFORMATION CONTACT: to HYSCO.5 The revised weighted-
66 minutes per response. Joseph Shuler or Jennifer Meek, AD/ average dumping margin for HYSCO is
Estimated Total Annual Burden CVD Operations, Office I, Enforcement detailed below.
Hours: 38 hours. and Compliance, International Trade
Amended Final Results
Estimated Total Annual Cost to Administration, U.S. Department of
Public: 0. Commerce, 14th Street and Constitution As a result of correcting this
Avenue NW., Washington DC 20230; ministerial error, we determine that the
IV. Request for Comments following weighted-average dumping
telephone (202) 482–1293 or (202) 482–
Comments are invited on: (a) Whether 2778, respectively. margin exists for the period November
the proposed collection of information 1, 2012, through October 31, 2013:
is necessary for the proper performance Background
of the functions of the agency, including Weighted-
On June 5, 2015, the Department average
whether the information shall have disclosed to interested parties its Producer/exporter dumping
practical utility; (b) the accuracy of the calculations for the Final Results.2 On margin
agency’s estimate of the burden June 10, 2015, we received a timely (percent)
(including hours and cost) of the ministerial error allegation from
proposed collection of information; (c) Hyundai HYSCO ....................... 0.81
domestic interested parties (Allied Tube
ways to enhance the quality, utility, and & Conduit and TMK IPSCO) regarding
clarity of the information to be Assessment Rates
the Department’s margin calculation for
collected; and (d) ways to minimize the Hyundai HYSCO (HYSCO).3 Pursuant to section 751(a)(2)(A) and
burden of the collection of information (C) of the Act, and 19 CFR 351.212(b)(1),
on respondents, including through the Scope of the Order the Department has determined, and
use of automated collection techniques The merchandise subject to the order U.S. Customs and Border Protection
or other forms of information is circular welded non-alloy steel pipe (CBP) shall assess, antidumping duties
technology. and tube. The product is currently on all appropriate entries of subject
Comments submitted in response to classified under the following merchandise in accordance with the
this notice will be summarized and/or Harmonized Tariff Schedule of the final results of this review. The
included in the request for OMB United States (HTSUS) subheadings: Department intends to issue assessment
approval of this information collection; 7306.30.10.00, 7306.30.50.25, instructions to CBP 15 days after the
they also will become a matter of public 7306.30.50.32, 7306.30.50.40, date of publication of these amended
record. 7306.30.50.55, 7306.30.50.85, and final results of review.
7306.30.50.90. Although the HTSUS For assessment purposes, HYSCO
Sheleen Dumas, reported the name of the importer of
Departmental PRA Lead, Office of the Chief
numbers are provided for convenience
and customs purposes, the written record and the entered value for all of
Information Officer. their sales to the United States during
[FR Doc. 2015–17598 Filed 7–16–15; 8:45 am]
product description remains
dispositive.4 the period of review (POR).
BILLING CODE 3510–33–P Accordingly, we calculated importer-
Ministerial Error specific ad valorem antidumping duty
assessment rates on the basis of the ratio
DEPARTMENT OF COMMERCE Section 751(h) of the Tariff Act of
of the total amount of dumping
1930, as amended (‘‘the Act’’), and 19
calculated for the importer’s examined
International Trade Administration CFR 351.224(f) define a ‘‘ministerial sales and the total entered value of those
error’’ as an error ‘‘in addition, same sales in accordance with 19 CFR
[A–580–809] subtraction, or other arithmetic 351.212(b)(1). Where an importer-
function, clerical error resulting from specific assessment rate is zero or de
Circular Welded Non-Alloy Steel Pipe inaccurate copying, duplication, or the minimis (i.e., less than 0.5 percent), we
From the Republic of Korea: Amended like, and any similar type of will instruct CBP to liquidate the
Final Results of Antidumping Duty unintentional error which the Secretary appropriate entries without regard to
Administrative Review; 2012–2013 considers ministerial.’’ We analyzed the antidumping duties in accordance with
ministerial error allegation and 19 CFR 351.106(c)(2).
AGENCY: Enforcement and Compliance, determined, in accordance with section
International Trade Administration, For entries of subject merchandise
751(h) of the Act and 19 CFR 351.224(e), during the POR produced by HYSCO for
Department of Commerce. that we made a ministerial error in our which it did not know were destined for
SUMMARY: The Department of Commerce calculation of HYSCO’s margin for the the United States, we will instruct CBP
(the Department) is amending the final Final Results by inadvertently excluding to liquidate unreviewed entries at the
results of the administrative review of from the comparison market program all-others rate if there is no rate for the
the antidumping duty order on circular certain of HYSCO’s home market sales intermediate company or companies
welded non-alloy steel pipe (CWP) from observations. involved in the transaction. For a full
the Republic of Korea (Korea) to correct In accordance with section 751(h) of discussion of this clarification, see
a ministerial error.1 The period of the Act and 19 CFR 351.224(e), we are Antidumping and Countervailing Duty
review is November 1, 2012, through amending the Final Results with respect Proceedings: Assessment of
October 31, 2013.
srobinson on DSK5SPTVN1PROD with NOTICES
Antidumping Duties, 68 FR 23954 (May
DATES: Effective date: July 17, 2015. 2 See ‘‘Final Results Calculation Memorandum for 6, 2003).
Hyundai HYSCO,’’ dated June 3, 2015.
1 See Circular Welded Non-Alloy Steel Pipe From 3 See ‘‘Circular Welded Non-Alloy Steel Pipe 5 See Memorandum from Joseph Shuler,
the Republic of Korea: Final Results of from Korea: Ministerial Error Comments,’’ dated International Trade Analyst, to James Maeder,
Antidumping Duty Administrative Review; 2012– June 10, 2015. Senior Director, Office I, ‘‘Ministerial Error
2013, 80 FR 32937 (June 10, 2015) (Final Results) 4 For a complete description of the scope of the Allegation in the 2012–2013 Administrative Review
and accompanying Issues and Decision order, see the Issues and Decision Memorandum of the Antidumping Duty Order on Circular Welded
Memorandum. accompanying the Final Results. Non-Alloy Steel Pipe from Republic of Korea.’’
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![42478 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
Cash Deposit Requirements proprietary information in this segment Coalition (WTTC).1 On July 1, 2015,
The following cash deposit of the proceeding. Timely written WTTC timely withdrew its request for
requirements will be effective upon notification of the return or destruction an administrative review of all 50
publication of the notice of amended of APO materials, or conversion to companies.2 No other party requested a
final results of administrative review for judicial protective order, is hereby review.
all shipments of subject merchandise requested. Failure to comply with the
Rescission of Review
entered or withdrawn from warehouse, regulations and the terms of an APO is
for consumption, on or after the date of a sanctionable violation. Pursuant to 19 CFR 351.213(d)(1), the
publication as provided by section Department will rescind an
Disclosure administrative review in whole or in
751(a)(2)(C) of the Act: (1) The cash
deposit rate for HYSCO will be equal to We will disclose the calculations used part, if the party that requested a review
the respective weighted-average in our analysis to parties to these withdraws its request within 90 days of
dumping margin established in the final proceedings within five days of the date the date of publication of notice of
results of this review; (2) for of publication of this notice pursuant to initiation of the requested review. In
merchandise exported by manufacturers 19 CFR 351.224(b). this case, WTTC withdrew its request
These amended final results of for review within the 90-day deadline,
or exporters not covered in this review
administrative review are issued and and no other party requested an
but covered in a prior segment of the
published in accordance with sections administrative review of the CVD order.
proceeding, the cash deposit rate will
751(h) and 777(i)(1) of the Actand 19 Therefore, in accordance with 19 CFR
continue to be the company-specific rate
CFR 351.224(f). 351.213(d)(1), we are rescinding this
published for the most recently
completed segment of this proceeding in Dated: July 10, 2015. review in its entirety.
which that manufacturer or exporter Paul Piquado, Assessment
participated; (3) if the exporter is not a Assistant Secretary for Enforcement and
The Department will instruct U.S.
firm covered in this review, a prior Compliance.
Customs and Border Protection (CBP) to
review, or the original investigation but [FR Doc. 2015–17622 Filed 7–16–15; 8:45 am]
assess CVDs on all entries of wind
the manufacturer is, the cash deposit BILLING CODE 3510–DS–P
towers from the PRC during the period
rate will be the rate established for the
January 1, 2014, through December 31,
most recently completed segment of this
2014, at rates equal to the cash deposit
proceeding for the manufacturer of DEPARTMENT OF COMMERCE
of estimated CVDs required at the time
subject merchandise; and (4) the cash
International Trade Administration of entry, or withdrawal from warehouse,
deposit rate for all other manufacturers
for consumption, in accordance with 19
or exporters will continue to be 4.80 [C–570–982] CFR 351.212(c)(1)(i). The Department
percent, the ‘‘all others’’ rate established
intends to issue appropriate assessment
pursuant to a court decision.6 These Utility Scale Wind Towers From the
instructions to CBP 15 days after the
cash deposit requirements, when People’s Republic of China:
publication of this notice.
imposed, shall remain in effect until Rescission of Countervailing Duty
further notice. Administrative Review; 2014 Notifications
Notification to Importers Regarding the AGENCY: Enforcement and Compliance, This notice serves as a final reminder
Reimbursement of Duties International Trade Administration, to parties subject to administrative
Department of Commerce. protective order (APO) of their
This notice serves as a final reminder
SUMMARY: The Department of Commerce responsibility concerning the return or
to importers of their responsibility
(the Department) is rescinding its destruction of proprietary information
under 19 CFR 351.402(f)(2) to file a
administrative review of the disclosed under APO, in accordance
certificate regarding the reimbursement
countervailing duty (CVD) order on with 19 CFR 351.305.(a)(3). Timely
of antidumping duties prior to
utility scale wind towers (wind towers) written notification of the return or
liquidation of the relevant entries
from the People’s Republic of China destruction of APO materials or
during this review period. Failure to
(PRC) for the period January 1, 2014, conversion to judicial protective order is
comply with this requirement could
through December 31, 2014. hereby requested. Failure to comply
result in the Department’s presumption
with the regulations and the terms of an
that reimbursement of antidumping DATES: Effective date: July 17, 2015.
APO is a violation which is subject to
duties occurred and the subsequent FOR FURTHER INFORMATION CONTACT: sanction.
assessment of doubled antidumping Kristen Johnson, AD/CVD Operations, This notice is issued and published in
duties. Office III, Enforcement and Compliance, accordance with sections 751(a)(1) and
Notification Regarding Administrative International Trade Administration, 777(i)(1) of the Tariff Act of 1930, as
Protective Order U.S. Department of Commerce, 14th amended, and 19 CFR 351.213(d)(4).
Street and Constitution Avenue NW.,
This notice also serves as a reminder Washington, DC 20230; telephone: (202) Dated: July 10, 2015.
to parties subject to administrative 482–4793. Christian Marsh,
protective order (APO) of their Deputy Assistant Secretary for Antidumping
SUPPLEMENTARY INFORMATION:
responsibility concerning the and Countervailing Duty Operations.
disposition of proprietary information Background [FR Doc. 2015–17621 Filed 7–16–15; 8:45 am]
srobinson on DSK5SPTVN1PROD with NOTICES
disclosed under APO in accordance The Department initiated an BILLING CODE 3510–DS–P
with 19 CFR 351.305(a)(3), which administrative review of the CVD order
continues to govern business on wind towers from the PRC with 1 See Initiation of Antidumping and
respect to 50 companies for the period Countervailing Duty Administrative Reviews, 80 FR
6 See Circular Welded Non-Alloy Steel Pipe From 18202 (April 3, 2015).
Korea: Notice of Final Court Decision and Amended
January 1, 2014, through December 31, 2 See Letter from the WTTC regarding
Final Determination, 60 FR 55833 (November 3, 2014, based on a request by the ‘‘Withdrawal of Request for Administrative
1995). petitioner, the Wind Tower Trade Review’’ (July 1, 2015).
VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4703 Sfmt 9990 E:\FR\FM\17JYN1.SGM 17JYN1](https://thefederalregister.org/doc/80_FR_42614/page/2.svg)
Document Created: 2018-02-23 09:21:10
Document Modified: 2018-02-23 09:21:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective date: July 17, 2015. | |
| Contact | Joseph Shuler or Jennifer Meek, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington DC 20230; telephone (202) 482-1293 or (202) 482-2778, respectively. | |
| FR Citation | 80 FR 42477 |
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