[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Notices]
[Pages 27260-27261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13047]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-401-805]
Amended Final Results of Antidumping Duty Administrative Review:
Certain Cut-to-Length Carbon Steel Plate From Sweden
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Amended final results of administrative review.
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SUMMARY: On January 13, 1998, the United States Court of International
Trade affirmed the Department of Commerce's final remand results
affecting the final assessment rate for the 1993/94 administrative
review in the case of certain cut-to-length carbon steel plate from
Sweden. SSAB Svenkst Stal AB v. United States, Slip Op. 98-3 (CIT
January 13, 1998). As there is now a final and conclusive court
decision in this action, we are amending our final results of review,
and we will instruct the U.S. Customs Service to liquidate entries
subject to this review.
EFFECTIVE DATE: May 18, 1998.
FOR FURTHER INFORMATION CONTACT: Carrie Blozy or Stephen Jacques,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.
Washington, D.C. 20230; telephone: (202) 482-0374 or 482-1391,
respectively.
Applicable Statue
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (``the Tariff Act''), are references to the provisions
in effect as of December 31, 1994. In addition, unless otherwise
indicated, all citations
[[Page 27261]]
to the Department of Commerce's (``the Department's'') regulations are
to the regulations as codified at 19 CFR Part 353 (April 1, 1997).
SUPPLEMENTARY INFORMATION:
Background
On April 9, 1996, the Department published its final results of
administrative review in the case of Certain Cut-to-Length Carbon Steel
Plate from Sweden; Final Results of Antidumping Duty Administrative
Review, 61 FR 15772 (``Final Results''). The review covered one
manufacturer/exporter, SSAB Svenskt Stal AB (``SSAB''), of the subject
merchandise for the period February 4, 1993, through July 31, 1994.
Subsequently, SSAB filed a lawsuit with the U.S. Court of International
Trade (``CIT'') challenging the results.
In the context of this litigation, the Department requested a
remand to reconsider the propriety of making an adjustment for post-
sale price adjustments (``PSPAs''). The CIT granted this remand on
August 29, 1997. On remand, through an examination of the record, the
Department found that all rebates were made on either a fixed or
constant percentage-of-sales value or on a fixed and constant Swedish
Kroner-per-ton of total tonnage sold. Therefore, the Department
determined that these PSPAs qualified as adjustments to foreign market
value.
The Department filed its redetermination with the Court of
International Trade (``CIT'') on October 29, 1997. See Final Results of
Redetermination on Remand, SSAB Svenskt Stal AB v. United States, Court
No. 96-05-01372, Slip Op. 97-123 (August 29, 1997) (``Remand
Results''). In its Remand Results, the Department stated that it would
``instruct the Customs Service to collect cash deposits at the above
rate [of 7.25%] for entries from SSAB of cut-to-length carbon steel
plate from Sweden'' (Remand Results at 4). Since then, parties and the
CIT have agreed that such instructions would be incorrect because the
Department has published subsequent administrative reviews that govern
future cash deposits. Therefore, cash deposit rates will be governed
not by the rate published in the Remand Results, but by the most
recently completed administrative review, according to the Department's
normal procedures. See Certain Cut-to-Length Carbon Steel Plate from
Sweden; Final Results of Antidumping Duty Administrative Review, 62 FR
46947 (September 5, 1997).
On January 13, 1998, the CIT affirmed the Department's final remand
results (with the exception noted above), Slip Op. 98-3. As there is
now a final and conclusive court decision in this action, we are
amending our final results of review in this matter and we will
instruct the U.S. Customs Service to liquidate entries subject to this
review in accordance with the remand results.
Amendment to Final Results
Pursuant to 516A(e) of the Tariff Act, we are now amending the
final results of administrative review of the antidumping duty order on
certain cut-to-length carbon steel plate from Sweden for the period
February 4, 1993, through July 31, 1994. As a result of the remand
determination, the final weighted-average margin for SSAB is as
follows:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
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SSAB........................................................ 7.25
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Accordingly, the Department shall determine, and the U.S. Customs
Service shall assess appropriate antidumping duties on entries of the
subject merchandise manufactured by SSAB. We calculated an importer-
specific ad valorem duty assessment rate for the merchandise based on
the ratio of the total amount of antidumping duties calculated for the
examined sales during the POR to the total quantity of sales examined
during the POR. To determine the amount of antidumping duties on those
U.S. sales for which the Department assigned a margin based on the best
information available (``BIA''), we calculated a unit duty rate (based
on the BIA rate of 24.23%) for all BIA sales. Consequently, the
assessment rate for SSAB represents a weighted-average of the total
amount of antidumping duties for non-BIA sales and the total amount of
antidumping duties for BIA sales. Individual differences between U.S.
price and normal value may vary from the percentages stated above. The
Department will issue appraisement instructions to the U.S. Customs
Service after publication of this amended final results of review.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act.
Dated: May 7, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-13047 Filed 5-15-98; 8:45 am]
BILLING CODE 3510-DS-P
