[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Notices]
[Pages 16972-16973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8977]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-828]
Notice of Amended Preliminary Determination of Sales at Less Than
Fair Value: Stainless Steel Wire Rod From Taiwan
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
EFFECTIVE DATE: April 7, 1998.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Alexander Amdur,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone: (202) 482-4740 or (202) 482-5346,
respectively.
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 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 Taiwan to reflect
the correction of ministerial errors made in the margin calculations in
that determination. We are publishing this amendment to the preliminary
determination pursuant to 19 CFR 351.224(e).
[[Page 16973]]
Case History
On February 25, 1998, the Department preliminarily determined that
SSWR from Taiwan is being, or is likely to be, sold in the United
States at less than fair value (63 FR 10836, March 5, 1998). On March
5, 1998, we disclosed our calculations for the preliminary
determination to counsel for Walsin Cartech Specialty Steel Corporation
(Walsin), Yieh Hsing Enterprise Corporation, Ltd. (Yieh Hsing) and the
petitioners.
On March 12, 1998, we received a submission, timely filed pursuant
to 19 CFR 351.224(c)(2), from Yieh Hsing, alleging ministerial errors
in the Department's preliminary determination. In its submission, Yieh
Hsing requested that these errors be corrected and an amended
preliminary determination be issued reflecting these changes. We did
not receive ministerial error allegations from the other respondent or
from the petitioners.
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 Yieh Hsing's submission, we have determined that
ministerial errors were made in the margin calculation for Yieh Hsing
in the preliminary determination. Specifically, we inadvertently used
programming language that incorrectly applied a second billet cost
adjustment factor for certain steel grades after these grades had
already been correctly adjusted with grade-specific adjustments.
Furthermore, we also inadvertently double-counted interest revenue in
calculating normal value.
Yieh Hsing also alleged that the Department made ministerial errors
by double-counting another billet cost adjustment; double-counting the
billet cost for a specific grade of billets; triple-counting a grinding
loss adjustment; and failing to use weighted-average U.S. prices. The
Department has determined that these are not ministerial errors under
19 CFR 351.224(f). See Memorandum To Holly Kuga From The Team, dated
March 26, 1998, for a detailed discussion of Yieh Hsing's ministerial
errors allegations and the Department's analysis.
Because the correction of the two ministerial errors results in a
change of at least five absolute percentage points in, and not less
than 25 percent of, the weighted-average dumping margin calculated for
Yieh Hsing in the original (erroneous) preliminary determination, the
Department hereby amends its preliminary determination to correct these
errors. In addition, we have recalculated the ``All Others Rate.'' The
revised weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer margin
percentage
------------------------------------------------------------------------
Walsin Cartech Specialty Steel Corporation................. 27.81
Yieh Hsing Enterprise Corporation, Ltd..................... 2.42
All Others................................................. 12.09
------------------------------------------------------------------------
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
Taiwan that are entered, or withdrawn from warehouse, for consumption
on or after the date of publication of this notice in the Federal
Register at the rates indicated above. The suspension of liquidation
will remain in effect until further notice. The revised company-
specific rate for Yieh Hsing 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 733(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 30, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-8977 Filed 4-6-98; 8:45 am]
BILLING CODE 3510-DS-P
