[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26159-26160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13178]
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DEPARTMENT OF COMMERCE
[A-428-814, A-428-816]
Certain Cut-To-Length Carbon Steel Plate From Germany: Amendment
to Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Amendment to Final Results of Antidumping Duty
Administrative Review.
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SUMMARY: On March 28, 1996, the Department of Commerce published the
final results of its administrative review
[[Page 26160]]
of the antidumping duty order on certain cut-to-length carbon steel
plate from Germany. The review covered one manufacturer/exporter and
the period February 4, 1993, through July 31, 1994. Based on the
correction of a ministerial error, we are amending the final results.
EFFECTIVE DATE: May 24, 1996.
FOR FURTHER INFORMATION CONTACT: Nancy Decker or Linda Ludwig, Office
of Agreements Compliance, International Trade Administration, U.S.
Department of Commerce, Washington, DC 20230; telephone (202) 482-3793.
SUPPLEMENTARY INFORMATION:
Background
On March 28, 1996, the Department of Commerce (the Department)
published in the Federal Register the final results of its
administrative review of the antidumping duty order on certain cut-to-
length carbon steel plate from Germany (61 FR 13834). The review
covered one manufacturer/exporter, AG der Dillinger Huttenwerke
(Dillinger), and the period February 4, 1993, through July 31, 1994.
After publication of our final results, we received a timely
allegation from petitioners (Bethlehem Steel Corporation, U.S. Steel
Company, a Unit of USX Corporation, Inland Steel Industries, Inc.,
Geneva Steel, Gulf States Steel Inc. of Alabama, Sharon Steel
Corporation, and Lukens Steel Company) that the Department had made a
ministerial error in calculating the final results for plate from
Germany sold by Dillinger. The respondent filed a timely rebuttal to
petitioners' ministerial error allegation.
Petitioners allege that the Department incorrectly applied
Dillinger's actual-to-theoretical weight conversion factor in the
conversion of gross unit price. The petitioners state that the gross
unit price should have been divided, rather than multiplied, by the
weight conversion factor. The respondent argues that the error alleged
by petitioners does not qualify as a ministerial error under Section
353.28(d) of the Department's regulations (19 CFR 353.28(d) (1995)).
Respondent also argues that if the Department, nevertheless, decides to
change its methodology, it should also make changes to the conversions
of expense related data (conversions of home market inland freight,
home market other expenses, home market global credits and debits, and
home market credit) to be consistent.
As defined by section 751(f) of the Tariff Act of 1930, as amended
(the Act) (19 U.S.C. 1675(f) (1988)), the term ``ministerial error''
includes errors ``in addition, subtraction, or other arithmetic
function, clerical errors resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which the [Department] considers ministerial.''
We agree with petitioners' allegation that we should have divided,
rather than multiplied, gross unit price by the conversion factor. This
type of unintentional error meets the definition of ministerial error
contained in the Act. We also agree with respondent's rebuttal that, to
be consistent, we should also likewise change the conversions of
expense related data (home market inland freight, home market other
expenses, home market global credits and debits, and home market
credit). We have therefore corrected our analysis to divide (rather
than multiply) the following by the applicable weight conversion
factor: gross unit price, home market inland freight, home market other
expenses, home market global credits and debits, and home market
credit.
Amended Final Results of Review
As a result of our correction of the ministerial error, we have
determined the following margin exists for the period February 4, 1993,
through July 31, 1994:
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Manufacturer/exporter Margin
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AG der Dillinger Huttenwerke.................................. 2.61
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We will direct the Customs Service to collect cash deposits of
estimated antidumping duties on all appropriate entries in accordance
with the procedures discussed in the final results of this review (61
FR 13834), as amended by this determination.
These deposit requirements are effective for all shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice and
shall remain in effect until publication of the final results of the
next administrative review.
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 353.26 of file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period.
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 is published in accordance with section 751(f) of the
Tariff Act of 1930, as amended (19 U.S.C. 1675(f)) and 19 CFR
353.28(c).
Dated: May 17, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-13178 Filed 5-23-96; 8:45 am]
BILLING CODE 3510-DS-M
