[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Notices]
[Pages 47169-47170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22462]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-811]
Certain Stainless Steel Wire Rods From France: Amended Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 30, 1999.
FOR FURTHER INFORMATION CONTACT: Robert Bolling or Rick Johnson, AD/CVD
Enforcement Group III, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3434 or (202) 482-3818, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Review
The products covered by this administrative review are certain
stainless steel wire rods (SSWR), products which are hot-rolled or hot-
rolled annealed, and/or pickled rounds, squares, octagons, hexagons, or
other shapes, in coils. SSWR are made of alloy steels containing, by
weight, 1.2 percent or less of carbon and 10.5 percent or more of
chromium, with or without other elements. These products are only
manufactured by hot-rolling, are normally sold in coiled form, and are
of solid cross section. The majority of SSWR sold in the United States
is round in cross-sectional shape, annealed, and pickled. The most
common size is 5.5 millimeters in diameter.
The SSWR subject to this review is currently classifiable under
subheadings 7221.00.0005, 7221.00.0015, 7221.00.0020, 7221.00.0030,
7221.00.0040, 7221.00.0045, 7221.00.0060, 7221.00.0075, and
7221.00.0080 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheadings are provided for convenience
and Customs purposes, our written description of the scope of the order
is dispositive.
Amendment of Final Results
On August 28, 1998, the Department of Commerce (the Department)
published the amended final results of the administrative review of the
antidumping duty order on certain stainless steel wire rods from France
(63 FR 45998). This review covered Imphy S.A., and Ugine-Savoie, two
manufacturers/exporters of the subject merchandise to the United
States. The period of review (POR) is January 1, 1996, through December
31, 1996.
On September 14, 1998, counsel for the petitioning companies, Al
Tech Specialty Steel Corp., Armco Stainless & Alloy Products, Carpenter
Technology Corp., Republic Engineered Steels, Talley Metals Technology,
Inc., United Steelworkers of America, and AFL-CIO/CLC (collectively
``petitioners'') filed an allegation of a clerical error in a timely
fashion.
Petitioners allege that the Department failed to correct a
ministerial error with respect to the calculation of home market credit
expenses when the payment date was missing. Petitioners state that the
Department's amended final program continues to result in an abnormally
high imputed credit expenses that result in negative home market prices
for certain sales. Petitioners state that they informed the Department
of this clerical error in their July 8, 1998 clerical error letter.
However, according to petitioners, in issuing its amended final results
the Department did not provide a reason for not amending the program
for this clerical error, but stated only that ``petitioners have failed
to point to any specific programming language which is in error, and
the mere allegation that certain calculated expenses are too high is
insufficient for finding a ministerial error.'' See Amended Final
Results of Antidumping Duty Administrative Review, Certain Stainless
Steel Wire Rods from France; 63 FR 45999, (August 28, 1998).
Petitioners acknowledge that they did not provide exact programming
language nor locate the exact cause of the alleged clerical error at
the time of their original clerical errors comments were filed,
although petitioners did propose on June 8 that the Department rely on
respondents' submitted information for credit expenses. Petitioners
argue that ignoring a clerical error simple because they did not
identify the programming error within the provided time frame is unfair
and unlawful. Nevertheless, petitioners have now identify the error,
and request that the Department correct this clerical error.
Respondents did not comment on this issue.
After a review of petitioners' allegation, we agree with
petitioners that a clerical error was made in the calculation of home
market credit expense in the amended final results. We have corrected
our calculation of home market credit expense when the
[[Page 47170]]
pay date is missing in our model match program. For the computer code
we used to correct this ministerial error, please see the Memorandum
from Robert A. Bolling to Edward Yang dated April 19, 1999 (``Amended
Final Calculation Memorandum''), a public version of which is available
in the Central Records Unit, Room B-099 of the Department of Commerce
building, 14th Street and Constitution Ave, NW, Washington, DC.
Amended Final Results of Review
As a result of our review and the correction of the ministerial
errors described above, we have determined that the following margin
exists:
------------------------------------------------------------------------
Margin
Manufacturer/Exporter Time period (percent)
------------------------------------------------------------------------
Imphy/Ugine-Savoie...................... 1/1/96-12/31/96 7.19
------------------------------------------------------------------------
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. Individual
differences between United States price and normal value may vary from
the percentages stated above. This Department will issue appraisement
instructions directly to the Customs Service. The amended final results
of this review shall be the basis for the assessment of antidumping
duties on entries of merchandise covered by this review. For duty
assessment purposes, we calculated an importer-specific assessment rate
by aggregating the dumping margins calculated for all U.S. sales to
each importer and dividing this amount by the total value of subject
merchandise entered during the POR for each importer.
Furthermore, the following deposit requirements will be effective,
upon publication of this notice of amended final results of review for
all shipments of certain stainless steel wire rods from France entered,
or withdrawn from warehouse, for consumption on or after the
publication date, as provided for by section 751(a)(1) of the Act: (1)
The cash deposit rates for the reviewed companies will be the rates for
those firms as stated above; (2) for previously investigated companies
not listed above, the cash deposit rate will continue to be the
company-specific rate published for the most recent period; (3) if the
exporter is not a firm covered in this review, or the original
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 (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 24.51 percent for
stainless steel wire rods, the all others rate established in the LTFV
investigations. See Amended Final Determination and Antidumping Duty
Order: Certain Stainless Steel Wire Rods from France, (59 FR 4022,
January 28, 1994).
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 353.26 to 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 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 section 353.34(d) of the Department's
regulations. Timely notification of return/destruction of APO materials
or conversion to judicial protective order is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.
Dated: August 19, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-22462 Filed 8-27-99; 8:45 am]
BILLING CODE 3510-DS-P
