80 FR 69637 - Welded Line Pipe From the Republic of Korea: Amended Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 217 (November 10, 2015)
International Trade Administration
Federal Register Volume 80, Issue 217 (November 10, 2015)
| Page Range | 69637-69638 | |
| FR Document | 2015-28667 |
[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)] [Notices] [Pages 69637-69638] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28667] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-876] Welded Line Pipe From the Republic of Korea: Amended Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is amending the final determination in the less-than-fair-value investigation of welded line pipe from the Republic of Korea (Korea) to correct a ministerial error. The period of investigation is October 1, 2013, through September 30, 2014. DATES: Effective Date: November 10, 2015. FOR FURTHER INFORMATION CONTACT: David Goldberger or Ross Belliveau, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4136 or (202) 482-4952, respectively. SUPPLEMENTARY INFORMATION: Background On October 13, 2015, the Department published the final determination in the less-than-fair-value investigation of welded line pipe from Korea.\1\ Also on October 13, 2015, the Department received a timely allegation from Hyundai Steel Company \2\ (HYSCO) that the Department made ministerial errors in applying the conversion cost adjustment, the toll processing cost adjustment, and the revisions to the date of sale for HYSCO.\3\ On October 14, 2015, the Department received a timely allegation from the petitioners \4\ that the Department made a ministerial error in the application of the general and administrative (G&A) and the financial expense ratios for HYSCO.\5\ On October 15, 2015, the Department received comments from Maverick Tube Corporation (Maverick) on HYSCO's ministerial error allegation.\6\ On October 19, 2015, the Department received [[Page 69638]] comments from HYSCO on the petitioners' ministerial error allegation.\7\ --------------------------------------------------------------------------- \1\ See Welded Line Pipe From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 80 FR 61366 (October 13, 2015) (Final Determination). \2\ On July 1, 2015 Hyundai HYSCO merged into Hyundai Steel Company. \3\ See Letter from HYSCO, ``Welded Line Pipe from Korea: Ministerial Error Allegation,'' dated October 13, 2015 (HYSCO Ministerial Error Allegation). \4\ The petitioners include American Cast Iron Pipe Company; Energex Tube, a division of JMC Steel Group; Northwest Pipe Company; Stupp Corporation, a division of Stupp Bros., Inc.; Tex-Tube Company; TMK IPSCO; and Welspun Tubular LLC USA (collectively, the petitioners). \5\ See Letter from the petitioners, ``Line Pipe from Korea: Ministerial Error Allegation'' dated October 14, 2015. \6\ See Letter from Maverick, ``Welded Line Pipe from South Korea: Response to HYSCO's Ministerial Error Allegations'' October 15, 2015. \7\ See Letter from HYSCO, ``Welded Line Pipe from Korea: Response to Petitioners' Ministerial Error Allegation,'' dated October 19, 2015. --------------------------------------------------------------------------- Based on our analysis of the allegations submitted by HYSCO and the petitioners, we determined that, with respect to the conversion cost adjustment and the toll processing cost adjustment, we did not make ministerial errors, as defined by section 735(e) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.224(f).\8\ However, we determined that we did make ministerial errors within the meaning of section 735(e) of the Act and 19 CFR 351.224(f) with respect to the revisions to date of sale and the application of the G&A and financial expense ratios.\9\ We revised the margin calculation for HYSCO accordingly, and assigned a new All Others rate, as discussed below.\10\ --------------------------------------------------------------------------- \8\ See Memorandum entitled ``Allegations of Ministerial Errors in the Final Determination,'' dated concurrently with this determination and hereby adopted by this notice. \9\ Id. \10\ Id. --------------------------------------------------------------------------- Scope of the Investigation The scope of the investigation appears in Appendix I of the Final Determination. Ministerial Error Section 735(e) 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 similar type of unintentional error which the Secretary considers ministerial.'' We analyzed the ministerial error allegations and determined, in accordance with section 735(e) of the Act and 19 CFR 351.224(e), that we made ministerial errors with respect to the revisions to date of sale and the application of the G&A and financial expense ratios. In implementing the date of sale methodology to use the earlier of invoice date or shipment date, we inadvertently failed to update HYSCO's reported date of sale variable to account for invoice and shipment date revisions. Therefore, we corrected this error. In addition, we revised HYSCO's calculation of the G&A and financial expense ratios cost of goods sold denominator to reflect the major input rule and transactions disregarded rule adjustments, in order to keep the calculation of the ratios on the same basis as the cost of manufacturing to which they are applied.\11\ Therefore, we are amending the final determination with respect to HYSCO, in accordance with section 735(e) of the Act and 19 CFR 351.224(e).\12\ --------------------------------------------------------------------------- \11\ We note that the correction of this error did not change HYSCO's G&A and financial expense ratios from those in the Final Determination. \12\ The weighted-average dumping margin for SeAH Steel Corporation (SeAH) in the Final Determination has not changed. It remains at 2.53 percent. --------------------------------------------------------------------------- Amended Final Determination As a result of correcting these ministerial errors, we determine that the following weighted-average margins exist for the period October 1, 2013, through September 30, 2014: ------------------------------------------------------------------------ Weighted- average Manufacturer/exporter dumping margin (percent) ------------------------------------------------------------------------ Hyundai HYSCO........................................... 6.23 SeAH Steel Corporation.................................. 2.53 All Others.............................................. 4.38 ------------------------------------------------------------------------ Continuation of Suspension of Liquidation The following cash deposit requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of this amended final determination, as provided by section 735(c)(1)(B) of the Act: (1) The cash deposit rate for HYSCO will be the rate we determined in this amended final determination (i.e., 6.23 percent); (2) the cash deposit rate for SeAH will continue to be that identified in the Final Determination (i.e., 2.53 percent); (3) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; and (4) the rate for all other producers or exporters will be 4.38 percent, as indicated above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission In accordance with section 735(d) of the Act, we notified the U.S. International Trade Commission (ITC) of the Final Determination and our amended final determination. As the Final Determination was affirmative, in accordance with section 735(b)(3) of the Act, the ITC will determine within 45 days of the Final Determination whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that such injury exists, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. This amended final determination notice is published in accordance with section 735(e) of the Act and 19 CFR 351.224(e). Dated: November 4, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-28667 Filed 11-9-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices 69637
DEPARTMENT OF COMMERCE propanal water; zinc stearyl phosphate; SUMMARY: The Department of Commerce
isocyanate resin; 2-H benzotriazol-2YL (the Department) is amending the final
Foreign-Trade Zones Board 4.6-bis 1 methyl 1 phenylethyl phenol; determination in the less-than-fair-value
[B–72–2015] substituted heterocyclic compound; investigation of welded line pipe from
paraffin and hydrocarbon waxes; the Republic of Korea (Korea) to correct
Foreign-Trade Zone (FTZ) 57— ethylcarbamate derivative; indophenol a ministerial error. The period of
Charlotte, North Carolina, Notification derivative; solvent dye (blue, violet, investigation is October 1, 2013, through
of Proposed Production Activity, DNP yellow, red); pyrazolone derivative; 2.2- September 30, 2014.
Imagingcomm America Corporation, (1.2-ethenediyldi-4.1-phenylene)
Subzone 57C, (Dye Sublimation bisbenzoxazole; acrylic copolymer DATES: Effective Date: November 10,
Transfer Ribbon (STR) and STR Photo solution; epoxypropoxy propyl; black 2015.
Printer Packages), Concord, North dye; hydros colloidal alumina; FOR FURTHER INFORMATION CONTACT:
Carolina polyaniline-sulfonic acid; vinyl acetal David Goldberger or Ross Belliveau,
polymers; acrylic resin for coating; AD/CVD Operations, Office II,
The Charlotte Regional Partnership, polyvinyl butyral; polyester resin;
Inc., grantee of FTZ 57, submitted a Enforcement and Compliance,
acrylate resin; ethylene glycol
notification of proposed production International Trade Administration,
monobutyl ether; copolyester; synthetic
activity to the FTZ Board on behalf of U.S. Department of Commerce, 14th
resin; polyurethane resin; methyl
DNP Imagingcomm America Street and Constitution Avenue NW.,
silsesquioxane; plastic tape/labels/film/
Corporation (DNP), operator of Subzone Washington, DC 20230; telephone: (202)
cores/flanges/spindles/caps; empty
57C, located in Concord, North 482–4136 or (202) 482–4952,
cartridges; smart cards (radio frequency
Carolina. The notification conforming to respectively.
identification devices); 4.5 micron
the requirements of the regulations of
polyethylene terephalate film; and SUPPLEMENTARY INFORMATION:
the FTZ Board (15 CFR 400.22) was
photo paper (duty rates range from free
received on October 27, 2015. Background
DNP already has authority to slit to 6.5%). The request indicates that any
foreign jumbo rolls of thermal transfer foreign-status inputs (including PET
film) subject to an antidumping/ On October 13, 2015, the Department
ribbons (TTR) and STR and to assemble published the final determination in the
STR photo printer components countervailing duty (AD/CVD) order
will be admitted to the zone in domestic less-than-fair-value investigation of
(including photo printer packages— welded line pipe from Korea.1 Also on
printer cartridges and paper) within (duty-paid) status (19 CFR Sec. 146.43).
Public comment is invited from October 13, 2015, the Department
Subzone 57C. The current request received a timely allegation from
would add certain foreign-status interested parties. Submissions shall be
addressed to the FTZ Board’s Executive Hyundai Steel Company 2 (HYSCO) that
materials and components to the scope the Department made ministerial errors
of authority. DNP’s new activity would Secretary at the address below. The
closing period for their receipt is in applying the conversion cost
involve manufacturing ink and coating adjustment, the toll processing cost
polyethylene terephalate (PET) film to December 21, 2015.
A copy of the notification will be adjustment, and the revisions to the date
produce finished STR jumbo rolls. The of sale for HYSCO.3 On October 14,
available for public inspection at the
finished STR jumbo rolls would then be 2015, the Department received a timely
Office of the Executive Secretary,
slit and combined with other allegation from the petitioners 4 that the
Foreign-Trade Zones Board, Room
components to make photo cartridges Department made a ministerial error in
21013, U.S. Department of Commerce,
that will be assembled with foreign the application of the general and
1401 Constitution Avenue NW.,
photo paper to make photo printer administrative (G&A) and the financial
Washington, DC 20230–0002, and in the
packages. Pursuant to 15 CFR 400.14(b), expense ratios for HYSCO.5 On October
‘‘Reading Room’’ section of the FTZ
additional FTZ authority would be 15, 2015, the Department received
Board’s Web site, which is accessible
limited to the specific foreign-status comments from Maverick Tube
via www.trade.gov/ftz.
materials/components described in the Corporation (Maverick) on HYSCO’s
submitted notification (as described FOR FURTHER INFORMATION CONTACT:
Diane Finver at Diane.Finver@trade.gov ministerial error allegation.6 On October
below) and subsequently authorized by 19, 2015, the Department received
the FTZ Board. or (202) 482–1367.
Production under FTZ procedures Dated: November 4, 2015. 1 See Welded Line Pipe From the Republic of
could exempt DNP from customs duty Elizabeth Whiteman, Korea: Final Determination of Sales at Less Than
payments on the foreign-status Acting Executive Secretary. Fair Value, 80 FR 61366 (October 13, 2015) (Final
materials/components used in export [FR Doc. 2015–28646 Filed 11–9–15; 8:45 am]
Determination).
production. On its domestic sales, DNP 2 On July 1, 2015 Hyundai HYSCO merged into
BILLING CODE 3510–DS–P Hyundai Steel Company.
would be able to choose the duty rate 3 See Letter from HYSCO, ‘‘Welded Line Pipe
during customs entry procedures that from Korea: Ministerial Error Allegation,’’ dated
applies to the photo printer packages DEPARTMENT OF COMMERCE October 13, 2015 (HYSCO Ministerial Error
(duty-free) for the foreign-status Allegation).
materials/components noted below and International Trade Administration 4 The petitioners include American Cast Iron Pipe
in the existing scope of authority. Company; Energex Tube, a division of JMC Steel
asabaliauskas on DSK5VPTVN1PROD with NOTICES
[A–580–876] Group; Northwest Pipe Company; Stupp
Customs duties also could possibly be Corporation, a division of Stupp Bros., Inc.; Tex-
deferred or reduced on foreign-status Welded Line Pipe From the Republic of Tube Company; TMK IPSCO; and Welspun Tubular
production equipment. Korea: Amended Final Determination LLC USA (collectively, the petitioners).
The materials/components sourced of Sales at Less Than Fair Value
5 See Letter from the petitioners, ‘‘Line Pipe from
from abroad include: Talc hydrated Korea: Ministerial Error Allegation’’ dated October
14, 2015.
magnesium silica; silicone dioxide; AGENCY: Enforcement and Compliance, 6 See Letter from Maverick, ‘‘Welded Line Pipe
polyisocyanate prepolymer; dihydroxy International Trade Administration, from South Korea: Response to HYSCO’s
bis ammonium lactate-titanium (IV) 2 Department of Commerce. Ministerial Error Allegations’’ October 15, 2015.
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![69638 Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices
comments from HYSCO on the which they are applied.11 Therefore, we reason of imports or sales (or the
petitioners’ ministerial error allegation.7 are amending the final determination likelihood of sales) for importation of
Based on our analysis of the with respect to HYSCO, in accordance the subject merchandise. If the ITC
allegations submitted by HYSCO and with section 735(e) of the Act and 19 determines that such injury exists, the
the petitioners, we determined that, CFR 351.224(e).12 Department will issue an antidumping
with respect to the conversion cost Amended Final Determination duty order directing CBP to assess, upon
adjustment and the toll processing cost further instruction by the Department,
As a result of correcting these antidumping duties on all imports of the
adjustment, we did not make ministerial ministerial errors, we determine that the
errors, as defined by section 735(e) of subject merchandise entered or
following weighted-average margins withdrawn from warehouse, for
the Tariff Act of 1930, as amended (the exist for the period October 1, 2013,
Act) and 19 CFR 351.224(f).8 However, consumption on or after the effective
through September 30, 2014: date of the suspension of liquidation.
we determined that we did make
ministerial errors within the meaning of Weighted-
This amended final determination
section 735(e) of the Act and 19 CFR average notice is published in accordance with
351.224(f) with respect to the revisions Manufacturer/exporter dumping section 735(e) of the Act and 19 CFR
margin 351.224(e).
to date of sale and the application of the (percent)
G&A and financial expense ratios.9 We Dated: November 4, 2015.
revised the margin calculation for Hyundai HYSCO ................... 6.23 Paul Piquado,
HYSCO accordingly, and assigned a SeAH Steel Corporation ....... 2.53 Assistant Secretary for Enforcement and
new All Others rate, as discussed All Others .............................. 4.38 Compliance.
below.10 [FR Doc. 2015–28667 Filed 11–9–15; 8:45 am]
Continuation of Suspension of BILLING CODE 3510–DS–P
Scope of the Investigation Liquidation
The scope of the investigation appears The following cash deposit
in Appendix I of the Final requirements will be effective upon DEPARTMENT OF COMMERCE
Determination. publication of this notice for all
shipments of subject merchandise International Trade Administration
Ministerial Error entered, or withdrawn from warehouse,
for consumption on or after the [C–570–984]
Section 735(e) of the Act, and 19 CFR
publication of this amended final
351.224(f) define a ‘‘ministerial error’’ as Drawn Stainless Steel Sinks From the
determination, as provided by section
an error ‘‘in addition, subtraction, or People’s Republic of China: Final
735(c)(1)(B) of the Act: (1) The cash
other arithmetic function, clerical error deposit rate for HYSCO will be the rate Results of Countervailing Duty
resulting from inaccurate copying, we determined in this amended final Administrative Review and Rescission
duplication, or the like, and any similar determination (i.e., 6.23 percent); (2) the in Part; 2012–2013
type of unintentional error which the cash deposit rate for SeAH will continue
Secretary considers ministerial.’’ to be that identified in the Final AGENCY: Enforcement and Compliance,
We analyzed the ministerial error Determination (i.e., 2.53 percent); (3) if International Trade Administration,
allegations and determined, in the exporter is not a firm identified in Department of Commerce.
accordance with section 735(e) of the this investigation but the producer is, SUMMARY: The Department of Commerce
Act and 19 CFR 351.224(e), that we the rate will be the rate established for (the Department) has conducted an
made ministerial errors with respect to the producer of the subject administrative review of the
the revisions to date of sale and the merchandise; and (4) the rate for all countervailing duty (CVD) order on
application of the G&A and financial other producers or exporters will be drawn stainless steel sinks (sinks) from
expense ratios. In implementing the 4.38 percent, as indicated above. These the People’s Republic of China (PRC).
date of sale methodology to use the suspension of liquidation instructions The period of review (POR) is August 6,
earlier of invoice date or shipment date, will remain in effect until further notice. 2012, through December 31, 2013. On
we inadvertently failed to update May 7, 2015, we published the
HYSCO’s reported date of sale variable U.S. International Trade Commission preliminary results of this
to account for invoice and shipment In accordance with section 735(d) of administrative review.1 We invited
date revisions. Therefore, we corrected the Act, we notified the U.S. interested parties to comment on the
this error. In addition, we revised International Trade Commission (ITC) of Preliminary Results. After reviewing the
HYSCO’s calculation of the G&A and the Final Determination and our comments received, we have made no
financial expense ratios cost of goods amended final determination. As the changes to the Preliminary Results. As
sold denominator to reflect the major Final Determination was affirmative, in such, we continue to find that
input rule and transactions disregarded accordance with section 735(b)(3) of the Guangdong Dongyuan Kitchenware
rule adjustments, in order to keep the Act, the ITC will determine within 45 Industrial Co., Ltd. (Dongyuan) received
calculation of the ratios on the same days of the Final Determination whether countervailable subsidies during the
basis as the cost of manufacturing to the domestic industry in the United POR. We also find that Shunde Native
asabaliauskas on DSK5VPTVN1PROD with NOTICES
States is materially injured, or Produce Import and Export Co., Ltd. of
7 See Letter from HYSCO, ‘‘Welded Line Pipe threatened with material injury, by Guangdong (Native Produce) did not
from Korea: Response to Petitioners’ Ministerial
Error Allegation,’’ dated October 19, 2015. 11 We note that the correction of this error did not 1 See Drawn Stainless Steel Sinks From the
8 See Memorandum entitled ‘‘Allegations of
change HYSCO’s G&A and financial expense ratios People's Republic of China: Preliminary Results of
Ministerial Errors in the Final Determination,’’ from those in the Final Determination. Countervailing Duty Administrative Review,
dated concurrently with this determination and 12 The weighted-average dumping margin for Rescission in Part, and Intent to Rescind the Review
hereby adopted by this notice. SeAH Steel Corporation (SeAH) in the Final in Part; 2012±2013, 80 FR 26226 (May 7, 2015)
9 Id.
Determination has not changed. It remains at 2.53 (Preliminary Results) and accompanying
10 Id. percent. Preliminary Decision Memorandum.
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Document Created: 2018-03-01 11:25:09
Document Modified: 2018-03-01 11:25:09
| 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: November 10, 2015. | |
| Contact | David Goldberger or Ross Belliveau, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4136 or (202) 482-4952, respectively. | |
| FR Citation | 80 FR 69637 |
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