[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22557]
[[Page Unknown]]
[Federal Register: September 13, 1994]
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DEPARTMENT OF COMMERCE
[A-475-813]
Correction of Ministerial Errors in Preliminary Antidumping Duty
Determination: Stainless Steel Bar From Italy
Agency: Import Administration, International Trade Administration,
Commerce.
EFFECTIVE DATE: September 13, 1994.
FOR FURTHER INFORMATION CONTACT: V. Irene Darzenta or Katherine
Johnson, Office of Antidumping Investigations, Import Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, D.C. 20230; telephone (202) 482-6320 or (202) 482-4929,
respectively.
Amended Preliminary Determination
In accordance with section 733(b) of the Tariff Act of 1930, as
amended (the Act), on July 28, 1994, the Department of Commerce (the
Department) made its preliminary determination that stainless steel bar
(SSB) from Italy was being sold at less than fair value (59 FR 39736,
August 4, 1994). On August 3 and 4, 1994, we disclosed the calculations
performed in our preliminary determination to counsel for respondent
Acciaierie Valbruna S.r.l. (Valbruna) and petitioners, respectively,
pursuant to their requests. On August 10, 1994, and August 11, 1994, we
received timely submissions from Valbruna and petitioners,
respectively, alleging ministerial errors in the Department's
preliminary determination calculations. (For specific details of these
allegations and our analysis of them, see Memorandum from David L.
Binder to Richard W. Moreland dated August 29, 1994.)
Respondent claimed that the Department: (1) Incorrectly added to
the home market gross unit prices certain freight charges associated
with one of their warehouses that should have been deducted; (2) did
not convert home market indirect selling expenses and commissions to
the appropriate unit of measure in its margin analysis; and (3)
incorrectly calculated the impact of the value added tax (VAT) on the
home market indirect selling expense offset (ESP offset) by adding the
VAT adjustment relevant to the ESP offset to FMV, rather than deducting
it.
Petitioners claimed that the Department: (1) Incorrectly calculated
a differences-in-merchandise (difmer) adjustment for U.S. sales with
identical home market product matches; (2) incorrectly added the home
market freight expenses associated with one of Valbruna's warehouses to
the home market gross unit prices in testing whether Valbruna's related
party sales prices were at arm's-length; (3) did not convert home
market indirect selling expenses and commissions to the appropriate
unit of measurement in calculating the commission offset and ESP offset
caps; and (4) incorrectly calculated the VAT tax impact on ESP sales.
We agree that the errors alleged by the parties are ministerial
errors. These errors, taken together, will constitute a significant
ministerial error within the meaning of the Department's proposed
regulation regarding preliminary determinations, in that their
correction will result in a difference between a dumping margin of de
minimis and a margin of greater than de minimis. See section
353.15(g)(4)(ii) of the Department's proposed regulations (57 FR 1131,
January 10, 1992); See also Correction of Ministerial Errors in
Preliminary Antidumping Duty Determination: Sillcomanganese from
Ukraine, 59 FR 37969, July 26, 1994. Therefore, in accordance with the
procedures set forth in that proposed regulations, we are amending
Valbruna's preliminary dumping margin. The corrected dumping margin for
Valbruna is 0.44 percent and that for ``All Others'' is 6.13 percent.
Suspension of Liquidation
We are directing Customs Service to correct our request to suspend
liquidation, made in accordance with section 733(d)(1) of the Act, for
all entries of SSB from Italy. We are directing the Customs Service to
discontinue suspension of liquidation of all entries of SSB from Italy
for Valbruna that are entered, or withdrawn from warehouse, for
consumption on or after August 4, 1994, the date of publication of our
preliminary determination notice in the Federal Register. Because
Valbruna's dumping margin is de minimis, and de minimis margins are not
included within the all other rate, we are directing the Customs
Service to correct the All Others rate so that it will only reflect the
rate for Foroni S.p.A., the only other company investigated. We are
instructing the U.S. Customs Service that any cash deposits or bonds
collected with respect to SSB from Italy for Valbruna should be
released or refunded.
In accordance with section 733(d)(1) of the Act, we are directing
the Customs Service to continue to suspend liquidation of all entries
of SSB from Italy for Foroni S.p.A. and All Others that are entered, or
withdrawn from warehouse, for consumption on or after August 4, 1994,
the date of publication of our preliminary determination notice in the
Federal Register. The Customs Service shall require a cash deposit or
the posting of a bond equal to the revised estimated preliminary
dumping margins, as shown below. The suspension of liquidation will
remain in effect until further notice. The weighted-average dumping
margins are as follows:
------------------------------------------------------------------------
Original Revised
Manufacturer/producer/exporter margin margin
(percent) (percent)
------------------------------------------------------------------------
Acciaierie Valbruna S.R.L..................... 0.57 0.44% de
minimis
Foroni S.p.A.................................. 6.13 6.13
All Others.................................... 4.11 6.13
------------------------------------------------------------------------
Notification of International Trade Commission (ITC)
In accordance with section 733(f) of the Act, we have notified the
ITC of our amended preliminary determination.
This amended preliminary determination is published in accordance
with Section 733(f) of the Act.
Dated: September 2, 1994.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-22557 Filed 9-12-94; 8:45 am]
BILLING CODE 3510-DS-P
