[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69637-69638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28667]
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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\
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\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.
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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\
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\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.
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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\
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\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.
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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:
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Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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Hyundai HYSCO........................................... 6.23
SeAH Steel Corporation.................................. 2.53
All Others.............................................. 4.38
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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