[Federal Register Volume 63, Number 56 (Tuesday, March 24, 1998)]
[Notices]
[Pages 14066-14067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7638]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-843]
Notice of Amended Preliminary Determination of Sales at Less Than
Fair Value: Stainless Steel Wire Rod From Japan
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
EFFECTIVE DATE: March 24, 1998.
FOR FURTHER INFORMATION CONTACT: David Genovese, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, D.C. 20230; telephone:
(202) 482-0498.
The 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. In addition, unless otherwise
indicated, all citations to the Department of Commerce's (the
Department's) regulations are references
[[Page 14067]]
to 19 CFR part 351 (62 FR 27296 (May 19, 1997)).
Amended Preliminary Determination
We are amending the preliminary determination of sales at less than
fair value for stainless steel wire rod (SSWR) from Japan to reflect
the correction of a ministerial error made in a margin calculation in
that determination. We are publishing this amendment to the preliminary
determination pursuant to 19 CFR 351.224(e).
Case History
On February 25, 1998, the Department preliminarily determined that
SSWR from Japan is being, or is likely to be, sold in the United States
at less than fair value (63 FR 10854 (March 5, 1998)). On February 27,
1998, we disclosed our calculations for the preliminary determination
to counsel for Daido Steel Company, Ltd., Hitachi Metals, Ltd.
(Hitachi), and Nippon Steel Corporation. On March 5, 1998, we disclosed
our calculations for the preliminary determination to counsel for the
petitioner.
On March 2 and 4, 1998, we received submissions, timely filed
pursuant to 19 CFR 351.224(c)(2), from Hitachi, alleging ministerial
errors in the Department's preliminary determination. In its
submissions, Hitachi requested that these errors be corrected and an
amended preliminary determination be issued reflecting these changes.
We did not receive comments from any other respondent or from the
petitioner.
Amendment of Preliminary Determination
The Department's regulations provide that the Department will
correct any significant ministerial error by amending the preliminary
determination. See 19 CFR 351.224(e). A significant ministerial error
is an error the correction of which, either singly or in combination
with other errors:
(1) Would result in a change of at least five absolute percentage
points in, but not less than 25 percent of, the weighted-average
dumping margin calculated in the original (erroneous) preliminary
determination; or
(2) Would result in a difference between a weighted-average dumping
margin of zero (or de minimis) and a weighted-average dumping margin of
greater than de minimis, or vice versa. See 19 CFR 351.224(g).
After analyzing Hitachi's submissions, we have determined that a
ministerial error was made in the margin calculation for Hitachi in the
preliminary determination. Specifically, we inadvertently failed to
convert the constructed value unit cost information from a per-kilogram
basis to a per-pound basis, which is the basis on which the U.S. sales
of further manufactured products were reported. See Memorandum To Louis
Apple From The Team, dated March 13, 1998, for a detailed discussion of
Hitachi's ministerial error and the Department's analysis.
Because the correction of this ministerial error results in a zero
margin for Hitachi, the Department hereby amends its preliminary
determination to correct this error. In addition, because section
735(c)(5)(A) of the Act directs the Department to exclude zero margins
from the calculation of the ``All Others Rate,'' we have recalculated
the ``All Others Rate.'' The revised weighted-average dumping margins
are as follows:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/producer/exporter margin
percentage
------------------------------------------------------------------------
Hitachi Metals, Ltd........................................ 0.00
Daido Steel Co., Ltd....................................... 31.38
Nippon Steel Corp.......................................... 24.41
Sanyo Special Steel Co., Ltd............................... 31.38
Sumitomo Electric Industries, Ltd.......................... 31.38
All Others................................................. 26.59
------------------------------------------------------------------------
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 bond on all entries of subject merchandise from
Japan--excepted those produced and exported by Hitachi--at the rates
indicated above, 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. The revised company-specific rate for Hitachi and
the ``All Others'' rate, as well as those rates which have not changed
are listed above.
International Trade Commission Notification
In accordance with section 773(f) of the Act, we have notified the
International Trade Commission of the amended preliminary
determination.
This amended preliminary determination is published pursuant to
section 777(i) of the Act.
Dated: March 18, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-7638 Filed 3-23-98; 8:45 am]
BILLING CODE 3510-DS-P
