[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Notices]
[Pages 32294-32295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15608]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-804]
Cold-Rolled Carbon Steel Flat Products From the Netherlands;
Amended Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended final results of Antidumping Duty
Administrative Review.
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SUMMARY: On April 15, 1997, the Department of Commerce (the Department)
published the final results of its administrative review of the
antidumping duty order on cold-rolled carbon steel flat products from
the Netherlands (62 FR 18476). The period of review is August 1, 1994
through July 31, 1995. On April 21, 1997, the sole respondent,
Hoogovens Staal BV, and its U.S. subsidiary, Hoogovens Steel USA, Inc.
(collectively, Hoogovens) filed a timely request that the Department
correct two ministerial errors in these final results. On May 1, 1997,
the 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) also filed a timely request for the correction of
certain ministerial errors in the programming language. We are
publishing this amendment to the final results of review in accordance
with 19 CFR 353.28(c).
EFFECTIVE DATE: June 13, 1997.
FOR FURTHER INFORMATION CONTACT: Helen Kramer or Linda Ludwig, AD/CVD
Enforcement Group III, Office 8, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0405 or (202) 482-3833, respectively.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise stated, all citations to the Tariff Act are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act by the Uruguay Round
Agreements Act (URAA). In addition, unless otherwise indicated, all
citations to the Department's regulations are to the current
regulations, as amended by the interim regulations published in the
Federal Register on May 11, 1995 (60 FR 25130).
Scope of the Review
The products covered by this review include cold-rolled (cold-
reduced) carbon steel flat-rolled products, of rectangular shape,
neither clad, plated nor coated with metal, whether or not painted,
varnished or coated with plastics or other nonmetallic substances, in
coils (whether or not in successively superimposed layers) and of a
width of 0.5 inch or greater, or in straight lengths which, if of a
thickness less than 4.75 millimeters, are of a width of 0.5 inch or
greater and which measures at least 10 times the thickness or if of a
thickness of 4.75 millimeters or more are of a width which exceeds 150
millimeters and measures at least twice the thickness, as currently
classifiable in the Harmonized tariff Schedule (HTS) under item numbers
7209.15.000, 7209.16.1030, 7209.16.0060, 7209.16.0090, 7209.17.0030,
7209.17.0060, 7209.17.0090, 7209.18.1530, 7209.18.1560, 7209.18.2550,
7209.18.6000, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000,
7209.90.0000, 7210.70.3000, 7210.90.9000, 7211.23.1500, 7211.23.2000,
7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6085,
7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7215.50.0015,
7215.50.0060, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000,
7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060,
and 7217.90.5090. Included in this review are flat-rolled products of
nonrectangular cross-section where such cross-section is achieved
subsequent to the rolling process (i.e., products which have been
``working after rolling'')--for example, products which have been
beveled or rounded at the edges. Excluded from this review is certain
shadow mask steel, i.e., aluminum-killed, cold-rolled steel coil that
is open-coil annealed, has a carbon content of less than 0.002 percent,
is of 0.003 to 0.012 inch in thickness, 15 to 30 inches in width, and
has an ultra flat, isotropic surface. These HTS item numbers are
provided for convenience and Customs purposes. The written description
remains dispositive.
The POR is August 1, 1994, through July 31, 1995. This review
covers entries of certain cold-rolled carbon steel flat
[[Page 32295]]
products from the Netherlands by Hoogovens.
Ministerial Errors in Final Results of Review
After reviewing Hoogovens' allegation of two ministerial errors in
the Department's computer program for the final results of review for
cold-rolled carbon steel flat products from the Netherlands, we agree
that an ``else'' statement should be inserted in the computer
programming after each line of adjustments to the reported further
manufacturing costs for certain invoices. This point was also made by
petitioners. Further, we agree with Hoogovens that we should not have
included costs of repacking merchandise further manufactured in the
United States in the calculation of foreign market value, since we
included these costs in further manufacturing costs, which are deducted
from U.S. price in the margin calculation.
We also agree with petitioners that in adjusting Hoogovens'
reported further manufacturing costs, we inadvertently omitted port-to-
plant movement expenses for the specific invoices referenced in the
program. We further agree with petitioners that in calculating the net
price for CEP transactions, we should have deducted total movement
expenses instead of inland freight expenses only. For these amended
final results we have made all of the above corrections.
Amended Final Results of Review
As a result of our correction of ministerial errors, we have
determined the margin to be:
------------------------------------------------------------------------
Margin
Manufacturer/exporter Period of review (percent)
------------------------------------------------------------------------
Hoogovens Staal B.V....................... 8/1/94-7/31/95 4.94
------------------------------------------------------------------------
The Customs Service shall assess antidumping duties on all
appropriate entries. Individual differences between U.S. price and
normal value may vary from the percentage stated above. The Department
will issue appraisement instructions concerning the respondent directly
to the U.S. Customs Service.
Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise, entered, or withdrawn
from warehouse, for consumption on or after the publication date of
these amended final results of administrative review, as provided for
by section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for
Hoogovens will be the rate indicated above; (2) if the exporter is not
a firm covered in this review, a prior review, or in the original LTFV
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (3) if neither the exporter nor the manufacturer
is a firm covered in this or any previous review conducted by the
Department, the cash deposit rate will be 19.32 percent, the ``all-
other'' rate established in the amended final determination in the LTFV
investment. See Amended Final Determination Pursuant to CIT Decision:
Certain Cold-Rolled Carbon Steel Flat Products from the Netherlands, 61
F.R. 47871.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
This notice serves as the final reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbersement of antidumping duties prior to liquidation of the
relevant entries during these review periods. 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 also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulation and the terms of the APO is a sanctionable
violation.
These amended final results of administrative review and notice are
in accordance with section 751(a)(1) of the Tariff Act (19 U.S.C.
1675(a)(1)) and 19 CFR 353.28(c).
Dated: June 4, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-15608 Filed 6-12-97; 8:45 am]
BILLING CODE 3510-DS-M
