03-10197. Notice of Correction to the Amended Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan

AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

ACTION:

Notice of correction to the Amended Antidumping Duty Orders.

EFFECTIVE DATE:

March 11, 2003.

FOR FURTHER INFORMATION CONTACT:

Robert Bolling at [phone] or Robert James at [phone], Antidumping and Countervailing Duty Enforcement Group III, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230.

Background

On March 11, 2003, the Department published in the Federal Register the amended antidumping duty orders on certain stainless steel plate in coils (stainless steel plate) from Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan. See Amended Antidumping Duty Orders; Certain Stainless Steel Plate in Coils from Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 68 FR 11520 (March 11, 2003) (Amended Antidumping Duty Orders).

In the amended antidumping duty orders, the Department inadvertently failed to convert certain old HTS numbers to their new designated HTS number in the Scope of the Orders section. Due to changes in the HTS numbers, subheadings 7219.12.00.05, 7219.12.00.20, 7219.12.00.25, 7219.12.00.50, 7219.12.00.55, 7219.12.00.65, 7219.12.00.70, and 7219.12.00.80 are replaced by 7219.12.00.06, 7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 7219.12.00.66, 7219.12.00.71, and 7219.12.00.81. We are now correcting the scope of the orders section to reflect those changes. As we note below and in the Amended Antidumping Duty Orders, the HTS subheadings are provided for convenience and Customs purposes; the written description of the merchandise subject to these orders is dispositive. See Scope of the Orders section below. Additionally, the Federal Register is going to correct an inadvertent error it made in the publication of the “All Others” rate for South Africa.

Scope of the Orders

The product covered by these orders is certain stainless steel plate in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject plate products are flat-rolled products, 254 mm or over in width and 4.75 mm or more in thickness, in coils, and annealed or otherwise heat treated and pickled or otherwise descaled. The subject plate may also be further processed (e.g., cold-rolled, polished, etc.) provided that it maintains the specified dimensions of plate following such processing. Excluded from the scope of these orders are the following: (1) Plate not in coils, (2) plate that is not annealed or otherwise heat treated and pickled or otherwise descaled, (3) sheet and strip, and (4) flat bars.

The merchandise subject to this review is currently classifiable in the Harmonized Tariff Schedule of the United States (HTS) at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTS subheadings are provided for convenience and Customs purposes, the written description of the merchandise subject to these orders is dispositive.

Amended Antidumping Duty Orders and Suspension of Liquidation

In accordance with section 736(a)(1) of the Tariff Act, the Department will direct Customs officers to assess, upon further advice by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise for all relevant entries of stainless steel plate in coils, as described in the “Scope of the Orders” section above, from Belgium, Canada, Italy, Korea, South Africa and Taiwan. These antidumping duties will be assessed on all unliquidated entries of stainless steel plate in coils, other than cold-rolled stainless steel plate in coils, from Belgium, Canada, Italy, Korea, South Africa and Taiwan entered, or withdrawn from warehouse, for consumption on or after November 4, 1998, the date on which the Department published its notices of preliminary determination in the Federal Register (63 FR 59524 through 59544).

Furthermore, effective March 11, 2003, we will instruct the Customs service to require cash deposits on all entries of cold-rolled stainless steel plate in coils, as well as other stainless steel plate in coils subject to these orders, in accordance with the Court's December 12, 2002 opinion in Allegheny Ludlum v. United States.

For unreviewed producers, and for “All Others,” the applicable weighted-average margins are those established in the original final determinations. For those producers that have been reviewed the applicable weighted-average margins are those established in the investigation or the most recently completed final results of an antidumping administrative review, as noted below:

Producer/manufacturer/exporter	Cash deposit rate percentage
Belgium:
ALZ, N.V	3.84 (67 FR 64352)
All Others	9.86
Canada:
Atlas Stainless Steel (Sammi Atlas)	15.35
All Others	11.10
Italy:
ThyssenKrupp Acciai Speciali Terni SpA (TKAST)	0.00 (67 FR 63618)
All Others	39.69
Republic of Korea:
Pohang Iron & Steel Co., Ltd	1.19 (66 FR 64017)
All Others	6.08 (66 FR 45279)
South Africa:
Columbus Stainless	1 37.77
All Others	1 37.77
Taiwan:
Yieh United Steel Corporation (YUSCO)	8.02 (67 FR 40914)
YUSCO/Ta Chen	10.20
All Others	7.39
1 In accordance with section 772(c)(1)(C) of the Tariff Act the cash deposit rate for South Africa has been reduced by 3.86 percent to account for export subsidies found in the concurrent countervailing duty investigation (See Final Affirmative Countervailing Duty Determination: Stainless Steel Plate in Coils From South Africa, 64 FR 15553, March 31, 1999), Antidumping Duty Orders, and Memorandum to Bernard Carreau, “Ministerial Error Allegations * * * in the Final Determination of the Countervailing Duty Investigation of Certain Stainless Steel Wire Rod [sic] from South Africa,” April 30, 1999.

Customs officers must require, at the same time as importers would normally deposit estimated duties on this merchandise, cash deposits equal to the rates presently in effect. This notice constitutes the amended antidumping duty orders with respect to certain stainless steel plate in coils from Belgium, Canada, Italy, Korea, South Africa and Taiwan. Interested parties may contact the Department's Central Records Unit, room B-099 of the main Commerce building, for copies of an updated list of antidumping duty orders currently in effect.

These amended orders are published in accordance with section 736(a) of the Tariff Act of 1930, as amended.

Dated: April 4, 2003.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.