[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Notices]
[Pages 9008-9009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3961]
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DEPARTMENT OF COMMERCE
[A-570-834]
Amendment to Preliminary Determination of Sales at Less Than Fair
Value: Disposable Lighters From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 16, 1995.
FOR FURTHER INFORMATION CONTACT: Julie Anne Osgood or Todd Hansen,
Office of Countervailing Investigations, U.S. Department of Commerce,
Room B099, 14th and Constitution Avenue, NW., Washington, DC 20230;
telephone (202) 482-0167 and 482-1276, respectively.
Scope of Investigation
The products covered by this investigation are disposable pocket
lighters, whether or not refillable, whose fuel is butane, isobutane,
propane, or other liquefied hydrocarbon, or a [[Page 9009]] mixture
containing any of these, whose vapor pressure at 75 degrees Fahrenheit
(24 degrees Celsius) exceeds a gauge pressure of 15 pounds per square
inch. Non-refillable pocket lighters are imported under subheading
9613.10.0000 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). Refillable, disposable pocket lighters would be imported
under subheading 9613.20.0000. Although the HTSUS subheadings are
provided for convenience and Customs purposes, our written description
of the scope of this proceeding is dispositive.
Case History
On December 5, 1994 (59 FR 64191, December 13, 1994), the
Department of Commerce (``the Department'') made its affirmative
preliminary determination of sales at less than fair value in the
above-referenced investigation. On December 8, 1994, we disclosed our
calculations for the preliminary determination to counsel for PolyCity
Industrial Ltd. (``PolyCity''), a respondent in this investigation.
On December 13, 1994, counsel for PolyCity alleged that ministerial
errors had occurred in the calculations and requested that these errors
be corrected and an amended preliminary determination be issued
reflecting these corrections. On December 16, 1994, petitioners
submitted comments regarding PolyCity's ministerial error allegations.
On January 10, 1995, counsel for PolyCity again requested that the
Department amend the preliminary determination to correct for
ministerial errors.
PolyCity alleged that for a particular U.S. sale, the Department
made its first ministerial error when it used an incorrect value for
ocean freight in the calculation of U.S. price. Rather than use the
figure reported in its supplemental response, PolyCity argues that the
Department erred when it used the figure provided on the computer
diskette accompanying the response. According to PolyCity, the
narrative portion of the response rather than the spreadsheet provided
on diskette contained the correct value for ocean freight. We disagree
that this constitutes a ministerial error. Rather, we believe that this
issue should be addressed at verification where the correct value for
ocean freight can be established.
The second ministerial error alleged by counsel for PolyCity
involved the calculation of transportation costs for the various
components used in the production of disposable lighters. According to
PolyCity, the Department used the inland freight figures reported in
PolyCity's supplemental response incorrectly. Rather than using the
reported inland freight as transportation costs per unit of measure
(i.e., cost per kilogram), the Department erred in treating the inland
freight costs as transportation costs per component. PolyCity maintains
that in order to obtain the transportation cost per lighter associated
with each item, the Department should have multiplied the reported
freight price for that item by the quantity of the item used in
producing a lighter. Based on these comments and the Department's own
analysis, we found that a significant ministerial error had been made.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute and to the
Department's regulations are references to the provisions as they
existed on December 31, 1994. References to the Proposed Regulations,
are provided solely for further explanation of the Department's AD
practice with respect to amended preliminary determinations. Although
the Department has withdrawn the particular rulemaking proceeding
pursuant to which the Proposed Regulations were issued, the subject
matter of these regulations is being considered in connection with an
ongoing rulemaking proceeding which, among other things, is intended to
conform the Department's regulations to the Uruguay Round Agreements
Act. See 60 FR 80 (January 3, 1995).
Amendment of Preliminary Determination
It is not our normal practice to amend preliminary determinations
since these determinations only establish estimated margins, which are
subject to verification, and which may change in the final
determination. However, the Department has stated that it will amend a
preliminary determination to correct for significant ministerial
errors. (See Proposed Rules and Notice of Amended Preliminary
Determination of Sales at Less than Fair Value: Fresh Cut Roses from
Colombia, 59 FR 51554 (October 12, 1994) and Amendment to Preliminary
Determination of Sales at Less than Fair Value: Sweaters Wholly or in
Chief Weight of Man-Made Fiber from Hong Kong, 55 FR 19289 (May 9,
1990).) Given the facts of this investigation, as noted above, the
Department hereby amends its preliminary determination to correct for
the ministerial error involved. The revised estimated margin for
PolyCity is 39.37%.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will direct the U.S. Customs Service to continue to require a cash
deposit or posting of a bond for all entries of subject merchandise
from the PRC for all respondents, as set forth in the original
preliminary determination, and for PolyCity, at the newly calculated
rate, that are entered, or withdrawn from warehouse, for consumption on
or after the date of publication of this notice in the Federal
Register. The suspension of liquidation will remain in effect until
further notice.
ITC Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of the amended preliminary determination. If our final
determination is affirmative, the ITC will determine whether imports of
the subject merchandise are materially injuring, or threaten material
injury to, the U.S. industry within 45 days after our final
determination.
This notice is published pursuant to section 733(f) of the Act and
19 CFR 353.13(a)(4).
Dated: February 9, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-3961 Filed 2-15-95; 8:45 am]
BILLING CODE 3510-DS-P
