98-29550. Notice of Preliminary Determination of Sales at Less Than Fair Value; Stainless Steel Plate in Coils From South Africa  

  • [Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)]
    [Notices]
    [Pages 59540-59544]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-29550]
    
    
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    DEPARTMENT OF COMMERCE
    
    International Trade Administration
    [A-791-805]
    
    
    Notice of Preliminary Determination of Sales at Less Than Fair 
    Value; Stainless Steel Plate in Coils From South Africa
    
    AGENCY: Import Administration, International Trade Administration, 
    Department of Commerce.
    
    ACTION: Notice of preliminary determination of sales at less than fair 
    value.
    
    EFFECTIVE DATE: November 4, 1998.
    
    FOR FURTHER INFORMATION CONTACT: Robert James at (202) 482-5222 or John 
    Kugelman at (202) 482-0649, Antidumping and Countervailing Duty 
    Enforcement Group III, Import Administration, International Trade 
    Administration, U.S. Department of Commerce, 14th Street and 
    Constitution Avenue, NW, Washington, DC 20230.
    
    Applicable Statute and Regulations
    
        Unless otherwise indicated, all citations to the Tariff Act of 
    1930, as amended (the Tariff Act), are to the provisions effective 
    January 1, 1995, the effective date of the amendments made to the 
    Tariff Act by the Uruguay Round Agreements Act (URAA). In addition, 
    unless otherwise indicated, all citations to the Department's 
    regulations are to the regulations codified at 19 CFR Part 351 (April 
    1, 1998).
    
    Preliminary Determination
    
        We preliminarily determine that stainless steel plate in coil 
    (SSPC) from South Africa is being, or is likely to be, sold in the 
    United States at less than fair value (LTFV), as provided in section 
    733 of the Tariff Act. The estimated margins of sales at LTFV are shown 
    in the ``Suspension of Liquidation'' section of this notice.
    
    Case History
    
        On April 20, 1998, the Department initiated antidumping duty 
    investigations of imports of stainless steel plate in coils from 
    Belgium, Canada, Italy, the Republic of South Africa (South Africa), 
    South Korea, and Taiwan. See Initiation of Antidumping Duty 
    Investigations: Stainless Steel Plate in Coils From Belgium, Canada, 
    Italy, Republic of South Africa, South Korea and Taiwan, 63 FR 20580, 
    (April 27, 1998). Since the initiation of this investigation the 
    following events have occurred:
        The Department set aside a period for all interested parties to 
    raise issues regarding product coverage. On May 8, 1998, Armco Inc., J 
    & L Specialty Steel, Inc., Lukens, Inc., North American Stainless, 
    United Steelworkers of America, AFL-CIO/CLC, Butler Armco Independent 
    Union, and Zanesville Armco Independent Organization, Inc. 
    (petitioners) 1 filed comments aimed at clarifying the scope 
    of these investigations.
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        \1\ On August 28, 1998, petitioners amended the antidumping duty 
    petitions to include Allegheny Ludlum Corporation as an additional 
    petitioner.
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        During May 1998, the Department requested information from the U.S. 
    Embassy in Pretoria to identify producers/exporters of the subject 
    merchandise. On May 15, 1998, the Department also requested comments 
    from petitioners, a potential respondent, Columbus Stainless 
    (Columbus), and the Embassy of South Africa regarding the criteria to 
    be used for model matching purposes. Petitioners submitted comments on 
    our proposed model matching criteria on May 21, 1998.
        Also on May 21, 1998, the United States International Trade 
    Commission (the Commission) notified the Department of its affirmative 
    preliminary injury determination in this case.
        The Department subsequently issued its antidumping questionnaire to 
    Columbus on May 27, 1998. The questionnaire is divided into five parts; 
    we requested that Columbus respond to section A (general information, 
    corporate structure, sales practices, and merchandise produced), 
    section B (home market or third-country sales), and section C (U.S. 
    sales). Columbus submitted its response to section A of the 
    questionnaire on June 24, 1998; Columbus's responses to sections B and 
    C followed on July 20, 1998.
        Petitioners filed comments on Columbus's questionnaire responses in 
    July and August 1998. We issued a supplemental questionnaire for 
    Sections A, B, and C to Columbus on August 18, 1998, to which Columbus 
    responded on September 8, 1998.
        On July 29, 1998, petitioners made a timely request for a thirty-
    day postponement of the preliminary determination pursuant to section 
    733(c)(1)(A) of the Tariff Act. The Department determined that these 
    concurrent investigations are extraordinarily complicated and that 
    additional time would be required beyond the thirty days requested by 
    petitioners for the Department to make its preliminary determinations. 
    On August 14, 1998, we postponed the preliminary determination until no 
    later than October 27, 1998. See Stainless Steel Plate in Coils From 
    Belgium, Canada, Italy, South Africa, South Korea and Taiwan; Notice of 
    Postponement of Preliminary Determinations in Antidumping Duty 
    Investigations, 63 FR 44840 (August 21, 1998).
        On August 7, 1998, petitioners timely filed an allegation that 
    Columbus's sales of the foreign like product were at prices below its 
    cost of production. After analyzing petitioner's allegation and 
    soliciting additional clarification from petitioners, on August 24, 
    1998, we requested that Columbus respond to section D (cost of 
    production (COP) and constructed value (CV)) of our original 
    questionnaire. Columbus filed its response on September 30, 1998. We 
    solicited additional information on Columbus's COP in a supplemental 
    questionnaire issued October 6, 1998. Columbus timely filed its 
    response on October 19, 1998.
        The Department issued an additional supplemental sales 
    questionnaire on October 15, 1998; Columbus's response to this 
    questionnaire is due October 30, 1998.
    
    Scope of the Investigation
    
        For purposes of this investigation, the product covered is certain 
    stainless steel plate in coils. Stainless steel is an alloy steel 
    containing, by weight, 1.2 percent or less of carbon and 10.5 percent 
    or more of chromium, with or without other elements. The subject plate 
    products are flat-rolled products, 254 mm or over in width and 4.75 mm 
    or more in thickness, in coils, and
    
    [[Page 59541]]
    
    annealed or otherwise heat treated and pickled or otherwise descaled. 
    The subject plate may also be further processed (e.g., cold-rolled, 
    polished, etc.) provided that it maintains the specified dimensions of 
    plate following such processing. Excluded from the scope of this 
    petition are the following: (1) Plate not in coils, (2) plate that is 
    not annealed or otherwise heat treated and pickled or otherwise 
    descaled, (3) sheet and strip, and (4) flat bars.
        The merchandise subject to this investigation is currently 
    classifiable in the Harmonized Tariff Schedule of the United States 
    (HTS) at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.05, 
    7219.12.00.20, 7219.12.00.25, 7219.12.00.50, 7219.12.00.55, 
    7219.12.00.65, 7219.12.00.70, 7219.12.00.80, 7219.31.00.10, 
    7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 
    7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 
    7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 
    7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 
    7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTS 
    subheadings are provided for convenience and Customs purposes, the 
    written description of the merchandise under investigation is 
    dispositive.
    
    Period of Investigation
    
        The period of investigation (POI) is January 1, 1997 through 
    December 31, 1997.
    
    Fair Value Comparisons
    
        To determine whether sales of SSPC from South Africa to the United 
    States were made at less than fair value, we compared export price (EP) 
    to the normal value (NV), as described in the ``Export Price'' and 
    ``Normal Value'' sections of this notice, below. In accordance with 
    section 777A(d)(1)(A)(i) of the Tariff Act, we calculated weighted-
    average EPs for comparison to weighted-average NVs or CVs.
    
    Transactions Investigated
    
        For its home market and U.S. sales Columbus reported the date of 
    invoice as the date of sale, in keeping with the Department's stated 
    preference for using the invoice date as the date of sale. Columbus 
    further stated that the invoice date represented the date when the 
    essential terms of sales, i.e., price and quantity, are definitively 
    set, and that up to the invoice date, these terms were subject to 
    change. However, petitioners have alleged that the sales documentation 
    provided by Columbus does not appear to support Columbus's claims that 
    price and quantity may change at any time between the order acceptance 
    date and the final invoice date. On August 18, 1998, the Department 
    requested that Columbus provide additional information concerning the 
    nature and frequency of price and quantity changes occurring between 
    the date of order and date of invoice. Based on our analysis of the 
    information submitted by Columbus, we found that we required additional 
    information to determine if date of invoice is the appropriate date of 
    sale. On October 15, 1998, the Department sent an additional 
    questionnaire to Columbus, requesting that it report sales during the 
    POI for which Columbus had issued an order acceptance, in addition to 
    those sales invoiced during the POI. However, Columbus's response to 
    this supplemental request for information is not due until October 30, 
    1998; therefore for the preliminary determination, the Department is 
    using the invoice date as the date of sale for both home market and 
    U.S. sales. We intend to revisit this issue upon receiving Columbus's 
    supplemental response, and we will incorporate and verify the revised 
    data, as appropriate, in our analysis for the final determination.
    
    Product Comparisons
    
        In accordance with section 771(16) of the Tariff Act, we considered 
    all products produced by the respondent covered by the description in 
    the ``Scope of the Investigation'' section, above, and sold in the home 
    market during the POI, to be foreign like products for purposes of 
    determining appropriate product comparisons to U.S. sales. Where there 
    were no sales of identical merchandise in the home market to compare to 
    U.S. sales, we compared U.S. sales to the next most similar foreign 
    like product on the basis of the characteristics and reporting 
    instructions listed in the Department's questionnaire.
    
    Level of Trade
    
        In accordance with section 773(a)(1)(B) of the Tariff Act, to the 
    extent practicable, we determine NV based on sales in the comparison 
    market at the same level of trade (LOT) as the EP transaction. The NV 
    LOT is that of the starting-price sales in the comparison market or, 
    when NV is based on CV, that of the sales from which we derive selling, 
    general and administrative (SG&A) expenses and profit. For EP it is the 
    level of the sale from the exporter to the importer. If the sales being 
    compared are at different LOTs, and the difference affects price 
    comparability, as manifested in a pattern of consistent price 
    differences between the sales on which NV is based and the U.S. sales 
    being compared, we make a LOT adjustment under section 773(a)(7)(A) of 
    the Tariff Act.
        To determine whether home market sales are at a different LOT than 
    U.S. sales we apply a two-part test. First, we examine whether the home 
    market sales are at different stages in the marketing process than the 
    U.S. sales. The marketing process in both markets begins with goods 
    being sold by the producer and extends to the sale to the final end 
    user. The chain of distribution between the producer and the final user 
    may have many or few links, and each respondent's sales occur at some 
    point along this chain. For sales to the United States, the 
    respondent's sales are generally to an importer, whether affiliated or 
    unaffiliated. We review and compare the distribution chains in the home 
    market and the United States, including the selling functions, classes 
    of customers, and the level of selling expenses incurred at each 
    claimed LOT. Unless sales being compared are at different stages in the 
    marketing process, the Department will not find a difference in LOT 
    even if selling functions are different.
        Second, we examine the selling functions performed at the different 
    LOTs. If the LOTs in the two markets are different, the selling 
    functions performed in selling to each LOT should also be different. 
    Therefore, unless we find that there are different selling functions 
    and different stages in the marketing process for the sales to the U.S. 
    and home markets, we will not determine that there are, in fact, 
    separate LOTs. Different LOTs necessarily involve different selling 
    functions; however, differences in selling functions, even substantial 
    ones, are not alone sufficient to establish that different LOTs exist. 
    Differences in LOTs are characterized by purchasers at different stages 
    of marketing and by sellers performing qualitatively different 
    functions in selling to these purchasers.
        If we compare U.S. sales to home market sales made at a different 
    LOT, we will make an adjustment to NV if the difference in LOTs affects 
    price comparability. In turn, we determine any effect on price 
    comparability by examining sales at different LOTs in the comparison 
    market. Any effect on price comparability must be manifested by a 
    pattern of consistent price differences between the home market sales 
    used for comparison and the sales at the LOT of the export transaction. 
    See, e.g.,
    
    [[Page 59542]]
    
    Polytetraflourethylene Resin From Italy; Preliminary Results of 
    Antidumping Duty Administrative Review, 62 FR 26285 (May 13, 1997). To 
    quantify the price differences, we calculate the difference in the 
    average of the net prices of the same merchandise sold at different 
    LOTs. We use the average percentage difference between these net prices 
    to adjust NV when the LOT of the NV sale is different from that of the 
    export sale. If there is no pattern of price differences, then no LOT 
    adjustment is necessary. Finally, for CEP sales, if the NV LOT is more 
    remote from the factory than the CEP level and there is no basis for 
    determining whether the difference in the levels between NV and CEP 
    affects price comparability, we adjust NV under section 773(a)(7)(B) of 
    the Tariff Act (the CEP offset provision). See, e.g., Notice of Final 
    Determination of Sales at Less Than Fair Value: Certain Cut-to-Length 
    Carbon Steel Plate from South Africa, 62 FR 61731 (November 19, 1997).
        In this case Columbus stated that its selling activities differ 
    very little between home market and export sales, noting that it does 
    not ``maintain a distribution network of our own, nor do we maintain an 
    inventory in any market * * *. The only difference between our home 
    market sales and our exports is the physical delivery distance, and the 
    fact that we use agents to solicit and administer our customers' orders 
    in our export markets.'' Columbus's June 24, 1998 Section A response at 
    12 and 13. In order to confirm independently the absence of separate 
    LOTs within or between the U.S. and home markets, we examined 
    Columbus's questionnaire responses for indications that Columbus's 
    sales functions differed qualitatively or quantitatively among customer 
    categories. Where possible, we further examined whether each selling 
    function was performed for a substantial portion of sales.
        In the home market Columbus sold to distributors and end users, and 
    claims a single LOT existed. Based upon our examination of information 
    supplied by Columbus in its original and supplemental questionnaire 
    responses, we agree that only one LOT existed for Columbus in the home 
    market. Columbus provided no strategic or economic planning services, 
    market research, business development services, personnel training, 
    procurement, or inventory maintenance services for either end-user or 
    distributor customers. Both categories of customers received similar 
    degrees of packing, after-sales services, and freight and delivery 
    arrangements. Finally, Columbus provided a limited degree of 
    advertising directed at its customers' customers, primarily in the form 
    of advertising in industry journals.
        For its U.S. sales Columbus reported sales through its agents to 
    two customer categories, i.e., distributors and end-users. To determine 
    whether, in fact, a single stage of marketing existed, we examined the 
    selling functions as reflected in the starting price to the 
    unaffiliated U.S. customer. Columbus provided delivery services to the 
    U.S. port designated by the customer for all of its U.S. sales. 
    Columbus also provided technical assistance, as needed. For certain 
    sales of grade 3Cr12 stainless steel, Columbus provided a higher degree 
    of these technical services due to the specialized applications to 
    which 3Cr12 stainless steel is aimed. We find preliminarily that 
    Columbus provided the same level of selling functions, with the sole 
    exception being the additional technical services offered for sales of 
    3Cr12 steel. This single exception, however, is not sufficient to 
    warrant a finding that Columbus sells at two distinct LOTs in the 
    United States. Accordingly, we preliminarily agree with Columbus that 
    its EP sales constitute a single LOT.
        When comparing Columbus's sales at its EP LOT to its home market 
    LOT, we found that Columbus provided little or no strategic or economic 
    planning, market research, engineering services, or post-sale 
    warehousing at either the EP or home market LOT. Columbus provided 
    limited advertising services in the home market while providing none at 
    the EP level. All packing expenses at either LOT were borne by 
    Columbus, and freight arrangements were similar (in the activities 
    performed) in both markets. Columbus provided similar degrees of after-
    sales and technical support at both the EP and home market LOT, with 
    the exception noted above for sales of 3Cr12 steel. Our analysis of the 
    selling functions performed by Columbus in both markets leads us to 
    conclude that sales within or between the markets were made at the same 
    LOT. We have not, therefore, made a LOT adjustment because all price 
    comparisons are at the same LOT and an adjustment pursuant to section 
    773(a)(7)(A) of the Tariff Act is not appropriate.
    
    Export Price
    
        We calculated the price of United States sales based on EP, in 
    accordance with section 772(a) of the Tariff Act, because the subject 
    merchandise was sold to the first unaffiliated purchasers in the United 
    States prior to the date of importation and because record evidence did 
    not support basing price on CEP. We calculated EP based upon packed 
    prices to unaffiliated customers in the United States. Where 
    appropriate, we made deductions from the starting price for foreign 
    inland freight, ocean freight, foreign handling, marine insurance, 
    foreign warehousing expenses, and U.S. customs duties. We also made 
    adjustments for credit and, where appropriate, credit insurance costs.
    
    Normal Value
    
        In order to determine whether there was a sufficient volume of 
    sales in the home market to serve as a viable basis for calculating NV 
    (i.e., the aggregate volume of home market sales of the foreign like 
    product was equal to or greater than five percent of the aggregate 
    volume of U.S. sales) we compared the respondent's volume of home 
    market sales of the foreign like product to the volume of U.S. sales of 
    the subject merchandise, in accordance with section 773(a)(1)(C) of the 
    Tariff Act. As Columbus's aggregate volume of home market sales of the 
    foreign like product was greater than five percent of its aggregate 
    volume of U.S. sales of the subject merchandise, we determined that the 
    home market was viable. Therefore, we have based NV on home market 
    sales in the usual commercial quantities and in the ordinary course of 
    trade.
    
    Cost of Production Analysis
    
        A timely allegation filed by petitioners provided the Department 
    with reasonable grounds to believe or suspect that Columbus's sales of 
    the foreign like product were made at prices which represent less than 
    the cost of production. See section 773(b)(2)(A) of the Tariff Act. 
    Accordingly, on August 24, 1998, the Department initiated a COP 
    investigation to determine whether Columbus's sales in South Africa 
    were made at prices less than the COP. In accordance with section 
    773(b)(3) of the Tariff Act, we calculated COP based on the sum of 
    Columbus's cost of materials and fabrication for the foreign like 
    product, plus an amount for G&A, interest expenses, and packing costs.
        We used the information from Columbus's section D supplemental 
    questionnaire response to calculate COP. However, while the 
    Department's questionnaire instructed Columbus to submit a single COP 
    for each product sold (i.e., each CONNUM), weighted by quantity 
    produced during the POI, Columbus instead provided simple average COPs 
    based on quarterly costs. In addition, Columbus reported multiple COPs 
    (i.e., different amounts) for the same CONNUM. To conduct our
    
    [[Page 59543]]
    
    cost test for this preliminary determination we have calculated a 
    single average COP for each CONNUM, weighted by sales quantity, as this 
    is the only information currently available on the record. We have 
    requested additional data from Columbus, including COPs weighted by 
    production quantity, and will analyze these new data for our final 
    determination.
        We compared the weighted-average COP for Columbus to home market 
    sales prices of the foreign like product, as required under section 
    773(b) of the Tariff Act. In determining whether to disregard home 
    market sales made at prices less than the COP, we examined whether such 
    sales were made (i) in substantial quantities over an extended period 
    of time, and (ii) at prices which permitted the recovery of all costs 
    within a reasonable period of time. On a product-specific basis, we 
    compared COP to home market prices, less any applicable movement 
    charges, early payment and other discounts, and direct and indirect 
    selling expenses.
        Pursuant to section 773(b)(2)(C)(i) of the Tariff Act, where less 
    than twenty percent of a respondent's sales of a given product were at 
    prices less than the COP, we did not disregard any below-cost sales of 
    that product because we determined that the below-cost sales were not 
    made in ``substantial quantities.'' Where twenty percent or more of a 
    respondent's sales of a given product during the POI were at prices 
    less than the COP, we determined such sales to have been made in 
    substantial quantities, in accordance with section 773(b)(2)(C)(i) of 
    the Tariff Act. In addition, we determined that such below-cost sales 
    were made within an extended period of time, in accordance with section 
    773(b)(2)(B) of the Tariff Act. In such cases, pursuant to section 
    773(b)(2)(D) of the Tariff Act, we also determined that such sales were 
    not made at prices which would permit recovery of all costs within a 
    reasonable period of time. Therefore, we disregarded the below-cost 
    sales. Where all sales of a specific product were at prices below the 
    COP, we disregarded all sales of that product.
        Our cost test for Columbus revealed that less than twenty percent 
    of Columbus's home market sales of certain products were at prices 
    below Columbus's COP. We retained all such sales in our analysis. For 
    other products, more than twenty percent of Columbus's sales were at 
    below-cost prices. In such cases we disregarded the below-cost sales, 
    while retaining the above-cost sales for our analysis. See Preliminary 
    Determination Analysis Memorandum, October 27, 1998, a public version 
    of which is on file in room B-099 of the main Commerce building.
    
    Constructed Value
    
        In accordance with section 773(e)(1) of the Tariff Act, we 
    calculated CV based on the sum of respondent's cost of materials, 
    fabrication, SG&A, interest expenses, and profit. In accordance with 
    section 773(e)(2)(A) of the Tariff Act, we based SG&A and profit on the 
    amounts incurred and realized by Columbus in connection with the 
    production and sale of the foreign like product in the ordinary course 
    of trade for consumption in the foreign country. We used the CV data 
    Columbus supplied in its section D supplemental questionnaire response. 
    However, while the Department's questionnaire instructed Columbus to 
    submit a single CV for each product sold (i.e., each CONNUM), weighted 
    by quantity produced during the POI, Columbus provided simple average 
    COPs based on quarterly costs. In addition, Columbus reported multiple 
    CVs (i.e., different amounts) for the same CONNUM. To calculate CV for 
    this preliminary determination we have calculated a single average CV 
    for each CONNUM, weighted by sales quantity, as this is the only 
    information currently available on the record. We have requested 
    additional data from Columbus, including CVs weighted by production 
    quantity, and will analyze these data for our final determination.
    
    Price-to-Price Comparisons
    
        For those sales at prices which were at or above the COP, we based 
    NV on Columbus's sales to unaffiliated home market customers. We made 
    adjustments, where appropriate, for physical differences in the 
    merchandise in accordance with section 773(a)(6)(C)(ii) of the Tariff 
    Act.
        Columbus's home market prices were reported net of certain volume 
    discounts. We made additional deductions for early payment discounts, 
    inland freight, and inland insurance and packing. Furthermore, we made 
    circumstance-of-sale (COS) adjustments in accordance with section 
    773(a)(6) of the Tariff Act. We deducted credit expenses and mandatory 
    assessments of the South African Stainless Steel Development 
    Association. Finally, we increased NV by adding U.S. direct selling 
    expenses and packing costs incurred in the home market for U.S. sales, 
    in accordance with section 773(a)(6)(A) of the Tariff Act.
    
    Price-to-CV Comparisons
    
        In accordance with section 773(a)(4) of the Tariff Act, we based NV 
    on CV if we were unable to find a home market match of such or similar 
    merchandise. We calculated CV based on the costs of materials and 
    fabrication employed in producing the subject merchandise, SG&A, and 
    profit. In accordance with section 773(a)(2)(A) of the Tariff Act, we 
    based SG&A expense and profit on the amounts incurred and realized by 
    the respondent in connection with the production and sale of the 
    foreign like product in the ordinary course of trade for consumption in 
    South Africa. For selling expenses, we used the weighted-average home 
    market selling expenses. Where appropriate, we made adjustments to CV 
    in accordance with section 773(a)(8) of the Tariff Act. For comparisons 
    to EP, we made COS adjustments by deducting home market direct selling 
    expenses and adding U.S. direct selling expenses.
    
    Currency Conversion
    
        We made currency conversions into U.S. dollars based on the 
    exchange rates in effect on the dates of the U.S. sales, as certified 
    by the Federal Reserve Bank, in accordance with section 773A(a) of the 
    Tariff Act.
    
    Verification
    
        As provided in section 782(i) of the Tariff Act, we will verify all 
    information relied upon in making our final determination.
    
    Suspension of Liquidation
    
        In accordance with section 733(d) of the Tariff Act, we are 
    directing the Customs Service to suspend liquidation of all imports of 
    subject merchandise that are entered, or withdrawn from warehouse, for 
    consumption on or after the date of publication of this notice in the 
    Federal Register. We will instruct the Customs Service to require a 
    cash deposit or the posting of a bond equal to the weighted-average 
    amount by which the NV exceeds the export price, as indicated below. 
    These suspension-of-liquidation instructions will remain in effect 
    until further notice. The weighted-average dumping margins are as 
    follows:
    
    ------------------------------------------------------------------------
                                                                  Weighted-
                       Exporter/Manufacturer                       average
                                                                    margin
    ------------------------------------------------------------------------
    Columbus Stainless.........................................        31.79
    All Others.................................................        31.79
    ------------------------------------------------------------------------
    
    Commission Notification
    
        In accordance with section 733(f) of the Tariff Act, we have 
    notified the Commission of our determination. If our final 
    determination is affirmative, the Commission will determine before the
    
    [[Page 59544]]
    
    later of 120 days after the date of this preliminary determination or 
    45 days after our final determination whether imports of stainless 
    steel plate in coils are materially injuring, or threaten material 
    injury to, the U.S. industry.
    
    Public Comment
    
        Case briefs or other written comments may be submitted to the 
    Assistant Secretary for Import Administration no later than fifty days 
    after the date of publication of this notice, and rebuttal briefs, 
    limited to issues raised in case briefs, no later than fifty-five days 
    after the date of publication of this preliminary determination. A list 
    of authorities used and an executive summary of issues should accompany 
    any briefs submitted to the Department. This summary should be limited 
    to five pages total, including footnotes. In accordance with section 
    774 of the Tariff Act, we will hold a public hearing, if requested, to 
    afford interested parties an opportunity to comment on arguments raised 
    in case or rebuttal briefs. Tentatively, any hearing will be held 
    fifty-seven days after publication of this notice at the U.S. 
    Department of Commerce, 14th Street and Constitution Avenue, N.W., 
    Washington, D.C. 20230, at a time and location to be determined. 
    Parties should confirm by telephone the date, time, and location of the 
    hearing 48 hours before the scheduled time.
        Interested parties who wish to request a hearing, or to participate 
    if one is requested, must submit a written request to the Assistant 
    Secretary for Import Administration, U.S. Department of Commerce, Room 
    1870, within 30 days of the date of publication of this notice. 
    Requests should contain: (1) The party's name, address, and telephone 
    number; (2) the number of participants; and (3) a list of the issues to 
    be discussed. At the hearing, each party may make an affirmative 
    presentation only on issues raised in that party's case brief, and may 
    make rebuttal presentations only on arguments included in that party's 
    rebuttal brief. See 19 CFR 351.310(c). We intend to issue our final 
    determination in this investigation no later than January 10, 1999.
        This determination is issued and published in accordance with 
    sections 733(d) and 777(i)(1) of the Tariff Act.
    
        Dated: October 27, 1998.
    Robert S. LaRussa,
    Assistant Secretary for Import Administration.
    [FR Doc. 98-29550 Filed 11-3-98; 8:45 am]
    BILLING CODE 3510-DS-P
    
    
    

Document Information

Effective Date:
11/4/1998
Published:
11/04/1998
Department:
International Trade Administration
Entry Type:
Notice
Action:
Notice of preliminary determination of sales at less than fair value.
Document Number:
98-29550
Dates:
November 4, 1998.
Pages:
59540-59544 (5 pages)
Docket Numbers:
A-791-805
PDF File:
98-29550.pdf