98-34707. Stainless Steel Plate From Sweden: Amended Final Results of Antidumping Duty Administrative Review

[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Notices]
[Pages 72283-72284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34707]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-401-040]


Stainless Steel Plate From Sweden: Amended Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Amended Final Results of Antidumping Duty 
Administrative Review.

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SUMMARY: On November 16, 1998, the Department of Commerce (the 
Department) published the final results of review in the antidumping 
duty administrative review on stainless steel plate from Sweden (63 FR 
63706). The review covers two manufacturers/ exporters (Avesta 
Sheffield AB (Avesta) and Uddeholm Tooling AB, Bohler-Uddeholm 
Corporation and Uddeholm Limited (collectively Uddeholm)) of the 
subject merchandise to the United States and the period June 1, 1996 
through May 31, 1997.
    On November 19, 1998, pursuant to section 351.224(c) of the 
Department's regulations, Avesta filed a ministerial error allegation 
regarding the Department's implementation of the constructed export 
price (CEP) offset in calculating a margin for Avesta in the final 
results of the review. The Department is publishing these amended final 
results to correct this ministerial error.

EFFECTIVE DATE: December 31, 1998.

FOR FURTHER INFORMATION CONTACT: John Totaro or Nithya Nagarajan, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone [phone] and [phone], 
respectively.

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended, (``the Act'') are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department's 
regulations are references to the provisions codified at 19 CFR Part 
351 (1998), 62 FR 27296 (May 19, 1997).

Ministerial Error in the Final Results of Review

    For purposes of calculating the antidumping margin for Avesta for 
the POR, as published in the final results, the Department's margin 
calculation program calculated a CEP offset in accordance with the 
Department's regulations. However, Avesta alleged that the Department's 
final results margin calculation program defined the indirect selling 
expense variable INDEXUS but did not similarly define the variable 
INDEXPU. Avesta argues that the Department incorrectly tied the CEP 
offset to INDEXPU instead of INDEXUS. As a result, Avesta's CEP offset 
was always equal to zero. Avesta alleged that, as a result of this 
ministerial error, Avesta did not receive the CEP offset to which it 
was otherwise entitled. Petitioners have not objected to this 
allegation of ministerial error.
    The Department examined the margin calculation program, and we 
agree with Avesta that this is a clerical error within the meaning of 
19 CFR 351.224(f), i.e., a clerical error in connecting the calculation 
of CEP offset to the variable INDEXPU instead of INDEXUS in the margin 
calculation program. We have corrected the program so that the CEP 
offset calculation properly references the variable INDEXUS, rather 
than INDEXPU.

Amended Final Results of Review

    Upon correction of the ministerial error described above, Avesta's 
margin, as published in the Federal Register on November 16, 1998, has 
been revised from 25.05 percent to 22.67 percent for the period June 1, 
1996 through May 31, 1997. The final results margin for Uddeholm 
remains unchanged. We will instruct the Customs Service accordingly.
    The Department shall determine, and the U.S. Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
shall issue appraisement instructions directly to the Customs Service. 
For assessment purposes, we have calculated importer-specific duty 
assessment rates for the merchandise based on the ratio of the total 
amount of antidumping duties calculated for the examined sales during 
the POR to the total entered value of sales examined during the POR. 
Individual differences between U.S. price and normal value may vary 
from the percentages stated above. As a result of this review, we have 
determined that the importer-specific duty assessments rates are 
necessary.
    Furthermore, the following deposit requirements shall be effective 
upon

[[Page 72284]]

publication of this notice of amended final results of review for all 
shipments of stainless steel plate from Sweden entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(1) of the Tariff Act: (1) the cash 
deposit rate for the reviewed company will be the rate stated above; 
(2) for previously investigated or reviewed companies not listed above, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in these reviews, or the original LTFV investigations, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
if neither the exporter nor the manufacturer is a firm covered in these 
reviews, the cash deposit rate for this case will continue to be 4.46 
percent, which was the ``all others'' rates in the LTFV investigations. 
The deposit requirements, 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 the subsequent 
assessment of double antidumping duties.
    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 sections 351.305 and 351.306 of the Department's 
regulations. Timely notification of 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 amended administrative review and notice are in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act (19 U.S.C. 
Secs. 1675(a)(1) and 1677(f)(i)(1)) and sections 351.213 and 351.224 of 
the Department's regulations.

    Dated: December 12, 1998.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 98-34707 Filed 12-30-98; 8:45 am]
BILLING CODE 3510-DS-P