[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Notices]
[Pages 14885-14886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7964]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-812]
Calcium Aluminate Flux From France; 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.
-----------------------------------------------------------------------
SUMMARY: On February 4, 1997, the Department of Commerce (the
Department) published the final results of its administrative review of
the antidumping duty order on calcium aluminate flux (CA flux) from
France (62 FR 5200). The period of review is June 15, 1994 through May
31, 1995. On February 18, 1997, the sole respondent, Lafarge
Aluminates, and its U.S. subsidiary, Lafarge Calcium Aluminates, Inc.
(collectively, Lafarge) filed a timely request that the Department
correct a ministerial error in these final results. We are publishing
this amendment to the final results of review in accordance with 19 CFR
353.28(c).
EFFECTIVE DATE: March 28, 1997.
FOR FURTHER INFORMATION CONTACT:
Maureen McPhillips or Linda Ludwig, AD/CVD Enforcement Group III,
Office 8, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-3019 or (202) 482-3833,
respectively.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unles otherwise stated, all citations to the Tariff Act are
references 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 current
regulations, as amended by the interim regulations published in the
Federal Register on May 11, 1995 (60 FR 25130).
Scope of the Review
Imports covered by this review are shipments of CA Flux, other than
white, high purity CA flux. This product contains by weight more than
32 percent but less than 65 percent alumina and more than one percent
each of iron and silica.
CA flux is currently classified under the Harmonized Tariff
Schedule of the United States (HTSUS) subheading 2523.10.0000. The
HTSUS is provided for convenience and U.S. Customs' purposes only. The
written description of the scope of this order remains dispositive.
This review covers the period June 15, 1994 through May 31, 1995.
Ministerial Error in Final Results of Review
After reviewing Lafarge's allegation of a ministerial error in the
Department's final results of CA flux from France, we agree that
misplaced parentheses in the computer program resulted in the failure
to multiply the per-unit U.S. cost of manufacture (COM) by the quantity
when calculating the U.S. cost of goods sold (COGS) to derive profit
based on the total costs, total revenues, and total expenses for all
subject merchandise during the period of review. The intent of the
Department was clearly to include total, not per-unit, revenue, costs
and expenses in the profit calculation as we did for revenue, and all
components of selling expenses and movement charges. For these amended
final results we have multiplied all components of the COGS, including
the COM, by the quantity in order to correctly include the total COGS
in the calculation of profit.
[[Page 14886]]
Amended Final Results of Review
As a result of our correction of a ministerial error, we have
determined the margin to be:
------------------------------------------------------------------------
Margin
Company Period of review (percent)
------------------------------------------------------------------------
Lafarge Fondu Inter'l, Inc................ 6/15/94-5/31/95 11.71
------------------------------------------------------------------------
The Customs Service shall assess antidumping duties on all
appropriate entries. Individual differences between U.S. price and
normal value may vary from the percentages stated above. The Department
will issue appraisement instructions concerning the respondent directly
to the U.S. Customs Service.
Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise, entered, or withdrawn
from warehouse, for consumption on or after the publication date of
these amended final results of administrative review, as provided for
by section 751(a)(1) of the Tariff Act: (1) the cash deposit rate for
Lafarge will be the rate indicated above; (2) for previously reviewed
or investigated 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 this review, a
prior review, or in the original LTFV investigation, 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 this
or any previous review conducted by the Department, the cash deposit
rate will be 37.93 percent, the ``all-others'' rate established in the
LTFV investigation, 59 FR 5994 (February 9, 1994).
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
This notice serves as the final reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during these review periods. 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 19 CFR 353.34(d). Timely written notification or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of the APO is a sanctionable
violation.
These amended final results of administrative review and notice are
in accordance with section 751(a)(1) of the Tariff Act (19 U.S.C.
1675(a)(1)) and 19 CFR 353.28(c).
Dated: March 20, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-7964 Filed 3-27-97; 8:45 am]
BILLING CODE 3510-DS-M
