[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8271]
[[Page Unknown]]
[Federal Register: April 6, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-357-804]
Silicon Metal From Argentina; Amendment to Final Results of
Antidumping Administrative Review
SUMMARY: On December 14, 1993, the Department of Commerce (the
Department) published in the Federal Register the final results of
administrative review of the antidumping duty order on silicon metal
from Argentina. The results covered the period March 29, 1991 through
August 31, 1992. For one firm, Silarsa, we are amending these final
results due to a clerical error.
EFFECTIVE DATE: April 6, 1994.
FOR FURTHER INFORMATION CONTACT: Maureen McPhillips or John Kugelman at
(202) 482-5253, Office of Antidumping Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On December 14, 1993, the Department of Commerce (the Department)
published in the Federal Register (58 FR 65336) the final results of
administrative review of the antidumping duty order on silicon metal
from Argentina (57 FR 48779, September 26, 1991). The review covered
the period March 29, 1991 through August 31, 1992.
Since Silarsa did not respond to the Department's request for cost
of production and constructed value information, for the final results
we relied on best information available (BIA) for Silarsa. As BIA, we
used the dumping margin petitioners had constructed by using the
information on the record of the review.
Subsequent to the publication of the final results, we received
timely allegations of ministerial errors from Silarsa. Silarsa
requested that we correct certain claimed errors in the calculation of
Silarsa's cost of manufacturing (COM) and constructed value (CV), which
affected the final margin we assigned to Silarsa. Silarsa pointed out
that, contrary to basic accounting principles, the Department had
erroneously double-counted the cost of materials by adding ``1992 WIP
(work in process)'' and ``1992 Finished Goods'' to Silarsa's ``1992
Purchases''.
In response, petitioners stated that Silarsa's request was without
foundation. Petitioners noted that the Department assigned Silarsa a
BIA rate of 54.97% because Silarsa terminated its participation in the
review only after the Department initiated a sales-below-cost
investigation based on petitioners' allegations. Petitioners further
asserted that the arguments raised by Silarsa in its clerical error
allegation did not constitute the type of ministerial error discussed
in 19 CFR 353.28(d), which covers ministerial errors of a clerical or
arithmetic nature.
Petitioners contended that Silarsa argued its case in its rebuttal
brief and in its December 23, 1993, clerical error allegation. In
petitioners' view, this attempt by Silarsa to bring its post-decision
reargument of its case under the guise of allowing for identification
of ministerial errors is an abuse of that rule and should be rejected.
On March 2, 1994, the Court of International Trade (CIT), in
Silarsa S.A. v. United States (Court No. 94-01-00030), issued an order
remanding the final results of the 1991-1992 administrative review of
the antidumping duty order on silicon metal from Argentina for the
correction of ministerial errors. We agreed with Silarsa and the CIT
that certain inventory items were double-counted in petitioners'
calculation of Silarsa's cost of materials. On March 17, 1994, the
Department submitted its redetermination on remand to the CIT. On March
24, 1994, the CIT affirmed the Department's redetermination on remand.
Amendment to the Final Results of Review
As a result of our correction of this ministerial error, we have
determined that the weighted-average margin for Silarsa for the period
March 29, 1991 through August 31, 1992 is 24.62 percent.
Accordingly, the Department will determine, and the Customs Service
will assess, antidumping duties on all appropriate entries. The
Department will issue appraisement instructions directly to the Customs
Service.
Furthermore, a cash deposit of 24.62 percent will be effective for
all shipments of the subject merchandise produced by Silarsa and
entered or withdrawn from warehouse for consumption on or after the
publication date of this notice. The cash deposit requirement for
manufacturers/exporters other than Silarsa specified in the final
results of this administrative review remain unaffected by this
amendment.
This notice is published pursuant to section 751(f) of the Tariff
Act of 1930, as amended, and Sec. 353.28 of the Department's
regulations.
Dated: March 31, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-8271 Filed 4-15-94; 8:45 am]
BILLING CODE 3510-DS-M
