Synopsis:
The US Department of Commerce has amended the final results of the administrative review of the antidumping duty order on certain cold-rolled steel flat products from South Korea to correct a ministerial error. The amendment comes after Steel Dynamics, the petitioner, pointed out the error in a timely allegation following the publication of the original final results on February 23, 2024.
Article:
In a surprising turn of events, the U.S. Department of Commerce (Commerce) has taken the unusual step of amending the final results of its administrative review of the antidumping duty order on certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea). This unexpected move comes in response to a ministerial error allegation made by Steel Dynamics, Inc. (SDI), the petitioner in the case, which covered the period of review (POR) from September 1, 2021, through August 31, 2022.
The original final results of the administrative review were published by Commerce in the Federal Register on February 23, 2024, setting the stage for the implementation of the determined antidumping duty margins. However, on the same day, SDI filed a timely allegation asserting that Commerce had made a ministerial error in its calculations. This allegation prompted Commerce to reevaluate its findings and ultimately led to the decision to amend the final results.
Ministerial errors, while not uncommon in the complex world of international trade investigations, are unintentional mistakes that can have significant consequences for the parties involved. In this case, SDI's vigilance in identifying and reporting the error within the prescribed timeframe allowed Commerce to take corrective action and ensure the accuracy of the antidumping duty margins.
Interestingly, no other party submitted a ministerial error allegation or provided rebuttal comments in response to SDI's claim. This absence of contradictory evidence or arguments likely streamlined Commerce's decision-making process and facilitated the swift amendment of the final results.
As a result of correcting the ministerial error raised by SDI, Commerce has determined that, for the period of review spanning September 1, 2021, through August 31, 2022, the following estimated weighted-average dumping margins exist for the Korean exporters and producers under review:
- Hyundai Steel Company: 1.35%
- KG Dongbu Steel Co., Ltd: 2.28%
These revised figures replace the margins originally published in the final results and will serve as the basis for assessing antidumping duties on entries of cold-rolled steel from Korea during the relevant period.
The amended final results underscore the importance of thoroughness and attention to detail in the administration of antidumping duty orders. The ministerial error allegation mechanism serves as a crucial safeguard, allowing interested parties to bring potential mistakes to Commerce's attention and ensuring that the final determinations accurately reflect the facts and data on record.
Moreover, this case highlights the significant impact that a petitioner can have on the outcome of an administrative review. SDI's actions, from its participation throughout the review process to its timely filing of the ministerial error allegation, played a pivotal role in shaping the final results and, consequently, the level of antidumping duties to be assessed on Korean exports of cold-rolled steel.
Conclusion:
The amendment of the final results of the administrative review of the antidumping duty order on certain cold-rolled steel flat products from the Republic of Korea serves as a reminder of the intricate nature of international trade investigations and the importance of vigilance and accuracy in the process. By correcting the ministerial error identified by SDI, the U.S. Department of Commerce has demonstrated its commitment to fairness and transparency in the administration of trade remedies.
Source: STEELGURU
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