82 FR 56220 - Carbon and Alloy Steel Wire Rod From the Republic of Korea: Amended Preliminary Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 227 (November 28, 2017)
International Trade Administration
Federal Register Volume 82, Issue 227 (November 28, 2017)
| Page Range | 56220-56221 | |
| FR Document | 2017-25658 |
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)] [Notices] [Pages 56220-56221] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25658] [[Page 56220]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-891] Carbon and Alloy Steel Wire Rod From the Republic of Korea: Amended Preliminary Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 31, 2017, the Department of Commerce (Department) published in the Federal Register the Preliminary Determination \1\ of the antidumping duty investigation of carbon and alloy steel wire rod (wire rod) from the Republic of Korea (Korea). The Department is amending the Preliminary Determination of the investigation to correct a significant ministerial error. --------------------------------------------------------------------------- \1\ See Carbon and Alloy Steel Wire Rod from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Negative Determination of Critical Circumstances, 82 FR 50386 (October 31, 2017) (Preliminary Determination); see also the petitioners' November 1, 2017 letter, ``Petitioners' Ministerial Error Allegations Concerning POSCO'' (Ministerial Error Allegation). --------------------------------------------------------------------------- DATES: Effective November 28, 2017. FOR FURTHER INFORMATION CONTACT: Lingjun Wang, 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) 482-2316. SUPPLEMENTARY INFORMATION: Background On October 31, 2017, the Department published in the Federal Register the Preliminary Determination of wire rod from Korea. On November 1, 2017, Gerdau Ameristeel US Inc., Keystone Consolidated Industries, Inc., and Charter Steel (collectively, the petitioners) alleged that the Department made a significant ministerial error in the Preliminary Determination. Scope of the Investigation The product covered by this investigation is wire rod from Korea. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in the Appendix to this notice. Significant Ministerial Error A ministerial error is defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.'' A significant ministerial error is defined in 19 CFR 351.224(g) as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated in the original (erroneous) preliminary determination; or (2) a difference between a weighted-average dumping margin of zero or de minimis and a weighted- average dumping margin of greater than de minimis or vice versa. Further, 19 CFR 351.224(e) provides that the Department ``will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination.'' Ministerial Error Allegation The petitioners allege that the Department failed to convert the product matching control number (CONNUM)-specific per-unit import duty cost amounts that were denominated in Korean won to U.S. dollars when it granted POSCO a duty drawback adjustment to U.S. price.\2\ The petitioners also maintain that correcting this error results in an increase of more than five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin, thereby meeting the definition of ``significant'' pursuant to 19 CFR 351.224(g)(1).\3\ --------------------------------------------------------------------------- \2\ See DOC October 24, 2014 Memorandum: ``Cost of Production and Constructed Value Calculation Adjustments for the Preliminary Determination--POSCO,'' and DOC October 24, 2014 Memorandum ``Preliminary Determination Margin Calculation for POSCO.'' \3\ See Ministerial Error Allegation. --------------------------------------------------------------------------- We agree with the petitioners' allegation. The CONNUM-specific per- unit duty cost amount that forms the basis of our duty-drawback adjustment was in Korean won.\4\ The Department inadvertently failed to convert CONNUM-specific per-unit duty cost amount to U.S. dollars when adjusting U.S. price in the margin calculation program.\5\ This error constitutes a ministerial error within the meaning of 19 CFR 351.224(f).\6\ Moreover, correcting this ministerial error changes the margin from 10.09 percent to 40.80 percent, thereby making this error significant pursuant to 19 CFR 351.224(g)(1).\7\ --------------------------------------------------------------------------- \4\ See POSCO August 23, 2017 Response to Supplemental Section D Questionnaire at SD-12 and Exhibit SD-10, and POSCO October 11, 2017 Response to Second Supplemental Section D Questionnaire at SD2-6 and Exhibit SD2-7. \5\ See DOC October 24, 2017 Memorandum: ``Cost of Production and Constructed Value Calculation Adjustments for the Preliminary Determination--POSCO'' at 4, and DOC October 24, 2017 Memorandum: ``Preliminary Determination Margin Calculation for POSCO'' at 5. \6\ See DOC Memorandum: ``Allegation and Analysis of Ministerial Error in the Preliminary Determination,'' dated concurrently with this memorandum (Ministerial Error Analysis Memorandum). \7\ See DOC Memorandum: ``Amended Preliminary Determination Margin Calculation for POSCO,'' dated concurrently with this memorandum (Amended Preliminary Calculation Memorandum). --------------------------------------------------------------------------- Amended Preliminary Determination We are amending the preliminary determination of sales at less- than-fair-value for wire rod from Korea to reflect the correction of a ministerial error made in the margin calculation for POSCO. In addition, because the preliminary ``All-Others'' rate was based on the estimated weighted-average dumping margin calculated for POSCO, we are also amending the ``All-Others'' rate. As a result of the correction of the ministerial error, the revised weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/manufacturer dumping margin (percent) ------------------------------------------------------------------------ POSCO....................................................... 40.80 All[dash]Others............................................. 40.80 ------------------------------------------------------------------------ Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised according to the rates established in this amended preliminary determination, in accordance with section 733(d) and (f) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.224. Because the rates are increasing from the Preliminary Determination, the amended cash deposit rates will be effective on the date of publication of this notice in the Federal Register. International Trade Commission Notification In accordance with section 733(f) of the Act, we notified the International Trade Commission of our amended preliminary determination. Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the amended preliminary determination, in accordance with 19 CFR 351.224. [[Page 56221]] This amended preliminary determination is issued and published in accordance with sections 733(f) and 777(i) of the Act and 19 CFR 351.224(e). Dated: November 20, 2017. Gary Taverman Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigation The products covered by this investigation are certain hot- rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, less than 19.00 mm in actual solid cross-sectional diameter. Specifically excluded are steel products possessing the above-noted physical characteristics and meeting the Harmonized Tariff Schedule of the United States (HTSUS) definitions for (a) stainless steel; (b) tool steel; (c) high-nickel steel; (d) ball bearing steel; or (e) concrete reinforcing bars and rods. Also excluded are free cutting steel (also known as free machining steel) products (i.e., products that contain by weight one or more of the following elements: 0.1 percent or more of lead, 0.05 percent or more of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of phosphorous, more than 0.05 percent of selenium, or more than 0.01 percent of tellurium). All products meeting the physical description of subject merchandise that are not specifically excluded are included in this scope. The products under investigation are currently classifiable under subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3093; 7213.91.4500, 7213.91.6000, 7213.99.0030, 7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020, 7227.90.6030, and 7227.90.6035 of the HTSUS. Products entered under subheadings 7213.99.0090 and 7227.90.6090 of the HTSUS also may be included in this scope if they meet the physical description of subject merchandise above. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. [FR Doc. 2017-25658 Filed 11-27-17; 8:45 am] BILLING CODE 3510-DS-P
![56220 Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices
DEPARTMENT OF COMMERCE inaccurate copying, duplication, or the 19 CFR 351.224(f).6 Moreover,
like, and any other similar type of correcting this ministerial error changes
International Trade Administration unintentional error which the Secretary the margin from 10.09 percent to 40.80
[A–580–891] considers ministerial.’’ A significant percent, thereby making this error
ministerial error is defined in 19 CFR significant pursuant to 19 CFR
Carbon and Alloy Steel Wire Rod From 351.224(g) as a ministerial error, the 351.224(g)(1).7
the Republic of Korea: Amended correction of which, singly or in
combination with other errors, would Amended Preliminary Determination
Preliminary Determination of Sales at
Less Than Fair Value result in: (1) A change of at least five We are amending the preliminary
absolute percentage points in, but not determination of sales at less-than-fair-
AGENCY: Enforcement and Compliance, less than 25 percent of, the weighted- value for wire rod from Korea to reflect
International Trade Administration, average dumping margin calculated in the correction of a ministerial error
Department of Commerce. the original (erroneous) preliminary made in the margin calculation for
SUMMARY: On October 31, 2017, the determination; or (2) a difference POSCO. In addition, because the
Department of Commerce (Department) between a weighted-average dumping preliminary ‘‘All-Others’’ rate was based
published in the Federal Register the margin of zero or de minimis and a on the estimated weighted-average
Preliminary Determination 1 of the weighted-average dumping margin of dumping margin calculated for POSCO,
antidumping duty investigation of greater than de minimis or vice versa. we are also amending the ‘‘All-Others’’
carbon and alloy steel wire rod (wire Further, 19 CFR 351.224(e) provides rate. As a result of the correction of the
rod) from the Republic of Korea (Korea). that the Department ‘‘will analyze any ministerial error, the revised weighted-
The Department is amending the comments received and, if appropriate, average dumping margins are as follows:
Preliminary Determination of the correct any significant ministerial error
investigation to correct a significant by amending the preliminary Weighted-
ministerial error. determination.’’ average
Exporter/manufacturer dumping
DATES: Effective November 28, 2017. margin
Ministerial Error Allegation
FOR FURTHER INFORMATION CONTACT: (percent)
The petitioners allege that the
Lingjun Wang, AD/CVD Operations,
Department failed to convert the POSCO ....................................... 40.80
Office VII, Enforcement and
product matching control number All-Others .................................... 40.80
Compliance, International Trade
(CONNUM)-specific per-unit import
Administration, U.S. Department of
duty cost amounts that were Amended Cash Deposits and
Commerce, 1401 Constitution Avenue
denominated in Korean won to U.S. Suspension of Liquidation
NW., Washington, DC 20230; telephone:
dollars when it granted POSCO a duty
(202) 482–2316. The collection of cash deposits and
drawback adjustment to U.S. price.2 The
SUPPLEMENTARY INFORMATION: suspension of liquidation will be
petitioners also maintain that correcting
revised according to the rates
Background this error results in an increase of more
established in this amended preliminary
than five absolute percentage points in,
On October 31, 2017, the Department determination, in accordance with
but not less than 25 percent of, the
published in the Federal Register the section 733(d) and (f) of the Tariff Act
weighted-average dumping margin,
Preliminary Determination of wire rod of 1930, as amended (the Act) and 19
thereby meeting the definition of
from Korea. On November 1, 2017, ‘‘significant’’ pursuant to 19 CFR CFR 351.224. Because the rates are
Gerdau Ameristeel US Inc., Keystone 351.224(g)(1).3 increasing from the Preliminary
Consolidated Industries, Inc., and We agree with the petitioners’ Determination, the amended cash
Charter Steel (collectively, the allegation. The CONNUM-specific per- deposit rates will be effective on the
petitioners) alleged that the Department unit duty cost amount that forms the date of publication of this notice in the
made a significant ministerial error in basis of our duty-drawback adjustment Federal Register.
the Preliminary Determination. was in Korean won.4 The Department International Trade Commission
Scope of the Investigation inadvertently failed to convert Notification
CONNUM-specific per-unit duty cost
The product covered by this In accordance with section 733(f) of
amount to U.S. dollars when adjusting
investigation is wire rod from Korea. For the Act, we notified the International
U.S. price in the margin calculation
a full description of the scope of this Trade Commission of our amended
program.5 This error constitutes a
investigation, see the ‘‘Scope of the preliminary determination.
ministerial error within the meaning of
Investigation,’’ in the Appendix to this Disclosure
notice. 2 See DOC October 24, 2014 Memorandum: ‘‘Cost
of Production and Constructed Value Calculation
We intend to disclose the calculations
Significant Ministerial Error Adjustments for the Preliminary Determination— performed to parties in this proceeding
A ministerial error is defined in 19 POSCO,’’ and DOC October 24, 2014 Memorandum within five days after public
‘‘Preliminary Determination Margin Calculation for announcement of the amended
CFR 351.224(f) as ‘‘an error in addition, POSCO.’’
subtraction, or other arithmetic 3 See Ministerial Error Allegation.
preliminary determination, in
function, clerical error resulting from 4 See POSCO August 23, 2017 Response to accordance with 19 CFR 351.224.
Supplemental Section D Questionnaire at SD–12
ethrower on DSK3G9T082PROD with NOTICES
1 See Carbon and Alloy Steel Wire Rod from the and Exhibit SD–10, and POSCO October 11, 2017 6 See DOC Memorandum: ‘‘Allegation and
Republic of Korea: Preliminary Affirmative Response to Second Supplemental Section D Analysis of Ministerial Error in the Preliminary
Determination of Sales at Less Than Fair Value, Questionnaire at SD2–6 and Exhibit SD2–7. Determination,’’ dated concurrently with this
and Preliminary Negative Determination of Critical 5 See DOC October 24, 2017 Memorandum: ‘‘Cost memorandum (Ministerial Error Analysis
Circumstances, 82 FR 50386 (October 31, 2017) of Production and Constructed Value Calculation Memorandum).
(Preliminary Determination); see also the Adjustments for the Preliminary Determination— 7 See DOC Memorandum: ‘‘Amended Preliminary
petitioners’ November 1, 2017 letter, ‘‘Petitioners’ POSCO’’ at 4, and DOC October 24, 2017 Determination Margin Calculation for POSCO,’’
Ministerial Error Allegations Concerning POSCO’’ Memorandum: ‘‘Preliminary Determination Margin dated concurrently with this memorandum
(Ministerial Error Allegation). Calculation for POSCO’’ at 5. (Amended Preliminary Calculation Memorandum).
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![Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices 56221
This amended preliminary the Office of Management and Budget http://www.cftc.gov that it may deem to
determination is issued and published (‘‘OMB’’) for review and comment. The be inappropriate for publication, such as
in accordance with sections 733(f) and ICR describes the nature of the obscene language. All submissions that
777(i) of the Act and 19 CFR 351.224(e). information collection and its expected have been redacted or removed that
Dated: November 20, 2017. costs and burden. contain comments on the merits of the
Gary Taverman DATES: Comments must be submitted on ICR will be retained in the public
Deputy Assistant Secretary for Antidumping or before December 28, 2017. comment file and will be considered as
and Countervailing Duty Operations, ADDRESSES: Comments regarding the required under the Administrative
performing the non-exclusive functions and burden estimated or any other aspect of Procedure Act and other applicable
duties of the Assistant Secretary for the information collection, including laws, and may be accessible under the
Enforcement and Compliance. suggestions for reducing the burden, Freedom of Information Act.
Appendix may be submitted directly to the Office FOR FURTHER INFORMATION CONTACT:
of Information and Regulatory Affairs Lauren Bennett, Special Counsel, 202–
Scope of the Investigation 418–5290, email: lbennett@cftc.gov,
(‘‘OIRA’’) in OMB, within 30 days of the
The products covered by this investigation notice’s publication, by either of the Division of Swap Dealer and
are certain hot-rolled products of carbon steel following methods. Please identify the Intermediary Oversight, Commodity
and alloy steel, in coils, of approximately
round cross section, less than 19.00 mm in comments by OMB Control No. 3038– Futures Trading Commission and refer
actual solid cross-sectional diameter. 0091. to OMB Control No. 3038–0062.
Specifically excluded are steel products • By email addressed to: SUPPLEMENTARY INFORMATION:
possessing the above-noted physical OIRAsubmissions@omb.eop.gov or Title: Off-Exchange Foreign Currency
characteristics and meeting the Harmonized • By mail addressed to: The Office of Transactions (OMB Control No. 3038–
Tariff Schedule of the United States (HTSUS) Information and Regulatory Affairs,
definitions for (a) stainless steel; (b) tool
0062). This is a request for an extension
Office of Management and Budget, of a currently approved information
steel; (c) high-nickel steel; (d) ball bearing Attention Desk Officer for the
steel; or (e) concrete reinforcing bars and collection.
rods. Also excluded are free cutting steel
Commodity Futures Trading Abstract: Part 5 of the Commission’s
(also known as free machining steel) Commission, 725 17th Street NW., regulations under the CEA establishes
products (i.e., products that contain by Washington, DC 20503. rules applicable to retail foreign
weight one or more of the following A copy of all comments submitted to exchange dealers (‘‘RFEDs’’), futures
elements: 0.1 percent or more of lead, 0.05 OIRA should be sent to the Commodity commission merchants (‘‘FCMs’’),
percent or more of bismuth, 0.08 percent or Futures Trading Commission (the
more of sulfur, more than 0.04 percent of introducing brokers (‘‘IBs’’), commodity
‘‘Commission’’) by either of the trading advisors (‘‘CTAs’’), and
phosphorous, more than 0.05 percent of following methods. The copies should
selenium, or more than 0.01 percent of commodity pool operators (‘‘CPOs’’)
tellurium). All products meeting the physical
refer to ‘‘OMB Control No. 3038–0062.’’ engaged in the offer and sale of off-
description of subject merchandise that are • By mail addressed to: Christopher exchange forex contracts to retail
not specifically excluded are included in this Kirkpatrick, Secretary of the customers. Specifically:
scope. Commission, Commodity Futures
• Regulation 5.5 requires RFEDs,
The products under investigation are Trading Commission, Three Lafayette
currently classifiable under subheadings
FCMs, and IBs to distribute risk
Centre, 1155 21st Street NW.,
7213.91.3011, 7213.91.3015, 7213.91.3020, disclosure statements to new retail forex
Washington, DC 20581;
customers.
7213.91.3093; 7213.91.4500, 7213.91.6000, • By Hand Delivery/Courier to the
7213.99.0030, 7227.20.0030, 7227.20.0080,
same address; or • Regulation 5.6 requires RFEDs and
7227.90.6010, 7227.90.6020, 7227.90.6030, FCMs to report any failures to maintain
and 7227.90.6035 of the HTSUS. Products • Through the Commission’s Web site
at http://comments.cftc.gov. Please the minimum capital required by
entered under subheadings 7213.99.0090 and Commission regulations.
7227.90.6090 of the HTSUS also may be follow the instructions for submitting
included in this scope if they meet the comments through the Web site. • Regulation 5.8 requires RFEDs and
physical description of subject merchandise A copy of the supporting statements FCMs to calculate their total retail forex
above. Although the HTSUS subheadings are for the collection of information obligation.
provided for convenience and customs discussed herein may be obtained by • Regulation 5.10 requires RFEDs to
purposes, the written description of the visiting http://RegInfo.gov. maintain and preserve certain risk
scope of this proceeding is dispositive. assessment documentation.
All comments must be submitted in
[FR Doc. 2017–25658 Filed 11–27–17; 8:45 am] English, or if not, accompanied by an • Regulation 5.11(a)(1) requires
BILLING CODE 3510–DS–P English translation. Comments will be RFEDs to submit certain risk assessment
posted as received to http:// documentation to the Commission
www.cftc.gov. You should submit only within 60 days of the effective date of
COMMODITY FUTURES TRADING information that you wish to make their registration.
COMMISSION available publicly. If you wish the • Regulation 5.11(a)(2) requires
Commission to consider information RFEDs to submit certain financial
Agency Information Collection that you believe is exempt from documentation to the Commission
Activities Under OMB Review disclosure under the Freedom of within 105 calendar days of the end of
AGENCY: Commodity Futures Trading Information Act, a petition for each fiscal year. RFEDs must also
Commission. confidential treatment of the exempt submit additional information, if
ethrower on DSK3G9T082PROD with NOTICES
ACTION: Notice. information may be submitted according requested, regarding affiliates’ financial
to the procedures established in § 145.9 impact on an RFED’s organizational
SUMMARY: In compliance with the of the Commission’s regulations. The structure.
Paperwork Reduction Act of 1995 Commission reserves the right, but shall • Regulation 5.12(a) requires RFED
(‘‘PRA’’), this notice announces that the have no obligation, to review, pre- applicants to submit a Form 1–FR–FCM
Information Collection Request (‘‘ICR’’) screen, filter, redact, refuse or remove concurrently with their registration
abstracted below has been forwarded to any or all of your submission from application.
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Document Created: 2017-11-28 01:51:20
Document Modified: 2017-11-28 01:51:20
| 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 November 28, 2017. | |
| Contact | Lingjun Wang, 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) 482-2316. | |
| FR Citation | 82 FR 56220 |
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