[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Notices]
[Pages 66119-66120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31981]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-808]
Chrome-Plated Lug Nuts From the People's Republic of China;
Amendment of Final Results of Antidumping Duty Administrative Review
ACTION: Notice of Amendment to Final Results of the Antidumping Duty
Administrative Review of Chrome-Plated Lug Nuts from the People's
Republic of China.
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
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SUMMARY: On October 7, 1998, the Department of Commerce (the
Department) published the final results of its administrative review of
the antidumping order on chrome-plated lug nuts (lug nuts) from the
People's Republic of China (PRC). See Chrome-Plated Lug Nuts From the
People's Republic of China; Final Results of Antidumping Duty Review,
63 FR 53872 (October 7, 1998) (final results). The review covered the
period September 1, 1996 through August 31, 1997.
We gave interested parties the opportunity to provide comments
concerning ministerial errors. We received comments from Jiangsu Rudong
Grease Gun Factory (Rudong) alleging a ministerial error. After
considering this comment, we have amended the final results of the
review.
EFFECTIVE DATE: December 1, 1998.
FOR FURTHER INFORMATION CONTACT: Thomas Gilgunn or Maureen Flannery,
Antidumping/Countervailing Duty Enforcement Group III, Office 9, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230;
telephone (202) 482-0648 and (202) 482-3020, respectively.
Applicable Statute
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act. In addition, unless otherwise indicated,
all citations to the Department's regulations are to the provisions
codified at 19 CFR part 353 (April 1, 1997).
Scope of Review
The products covered by this review are one-piece and two-piece
chrome-plated and nickel-plated lug nuts from the PRC. The subject
merchandise includes chrome-plated and nickel-plated lug nuts, finished
or unfinished, which are more than \11/16\ inches (17.45 millimeters)
in height and which have a hexagonal (hx) size of at least \3/4\ inches
(19.05 millimeters) but not over one inch (25.4 millimeters), plus or
minus \1/16\ of an inch (1.59 millimeters). The term ``unfinished''
refers to unplated and/or unassembled chrome-plated lug nuts. The
subject merchandise is used for securing wheels to cars, vans, trucks,
utility vehicles, and trailers. Excluded from the order are zinc-plated
lug nuts, finished or unfinished, stainless steel capped lug nuts, and
chrome-plated lock nuts.
The merchandise under review is currently classifiable under item
7318.16.00 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading is provided for convenience and
customs purposes, the written description of the merchandise is
dispositive.
Amendment of Final Results
Rudong alleges that the Department made a clerical error in
calculating the Indian inflation factor it applied to certain surrogate
Indian data. In the preliminary results, Rudong states, for certain
inputs the Department used surrogate Indian data obtained from the
period September through December 1996. This surrogate Indian data was
adjusted upwards by an average inflation index for the period of
September through December 1996. In the final results, the Department
extended its use of surrogate Indian data to include newly available
data for the months of January through May 1997. Rudong contends that
the Department should have therefore extended its inflation index to
include inflation data for the months of January through May 1997.
We agree with Rudong. The Indian inflation index should cover the
same period as the surrogate Indian data. Therefore, the Indian
inflation index applied to steel wire rod data should be extended to
include the months of January through May 1997. This affects the
calculations of steel wire rod value as this is the only value for
which the data period was expanded in the final results. As defined by
section 751(h)
[[Page 66120]]
Act, the term ``ministerial error'' includes errors ``in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the [Department] considers ministerial.''
The Department's error in not extending the inflation index period when
it expanded the data period was clearly an oversight of this nature.
Therefore, we are amending the final results.
Amended Final Results of Review
We determine that the following dumping margins exist:
------------------------------------------------------------------------
Margin
Manufacturer/exporter Time period (percent)
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Jiangsu Rudong, Grease Gun Factory..... 9/1/96-8/31/97 1.23
PRC-Wide rate.......................... 9/1/96-8/31/97 44.99
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The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. Individual
differences between export price and normal value (NV) may vary from
the percentage stated above for Rudong. We have calculated importer-
specific duty assessment rates for lug nuts by dividing the total
dumping margins (calculated as the difference between NV and export
price) for each importer/customer by the total number of units sold to
that importer/customer. We will direct Customs to assess the resulting
per-unit dollar amount against each unit of merchandise in each of the
importer's/customer's entries during the review period. The Department
will issue appraisement instructions directly to the Customs Service.
Furthermore, the following deposit rates will be effective upon
publication of this notice of final results of review for all shipments
of lug nuts from the PRC entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) for Rudong, which was found to
merit a separate rate for the final results of this review, the cash
deposit rate will be 1.23 percent; (2) for all other PRC exporters, the
cash deposit rate will be the PRC-wide rate; and (3) for non-PRC
exporters of subject merchandise from the PRC, the cash deposit rate
will be the rate applicable to a PRC supplier of that exporter.
These deposit rates, when imposed, shall remain in effect until
publication of the final results of the next administrative review.
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and subsequent assessment
of double antidumping duties.
Notification to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. See 63 FR 24391, 24403 (May 4,
1998). Timely written notification of the return/destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 351.221.
Dated: November 23, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-31981 Filed 11-30-98; 8:45 am]
BILLING CODE 3510-DS-P
