94-22558. Correction of Ministerial Errors in Preliminary Antidumping Duty Determination: Stainless Steel Bar From Spain

[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: 94-22558]


[[Page Unknown]]

[Federal Register: September 13, 1994]


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DEPARTMENT OF COMMERCE
[A-469-805]

 

Correction of Ministerial Errors in Preliminary Antidumping Duty 
Determination: Stainless Steel Bar From Spain

Agency: Import Administration, International Trade Administration, 
Commerce.

EFFECTIVE DATE: September 13, 1994.

FOR FURTHER INFORMATION CONTACT: Mary J. Jenkins 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 [phone] or [phone], 
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 Spain was being sold at less than fair value (59 FR 39740, 
August 4, 1994). On August 4, 1994, we disclosed the calculations 
performed in our preliminary determination to counsel for respondent 
Roldan, S.A. (Roldan), and petitioners, pursuant to their requests. On 
August 8, 1994, and August 11, 1994, we received submissions from 
Roldan and petitioners, respectively, alleging a ministerial error in 
the Department's preliminary determination calculation. Both parties 
alleged that the Department did not convert the unit prices for marine 
insurance expenses incurred on U.S. sales from Spanish pesetas to U.S. 
dollars for purposes of calculating its preliminary antidumping duty 
margins. The Department subsequently determined that a ministerial 
error did not occur when it performed its margin calculation. (For 
specific details of this allegation and our analysis, see Memorandum 
from Richard W. Moreland to Barbara R. Stafford dated August 15, 1994).
    On August 23, 1994, Roldan requested that the Department reconsider 
its decision that it did not make a ministerial error in its handling 
of marine insurance for the preliminary determination, and therefore 
correct the preliminary determination. We have reconsidered our earlier 
decision and now conclude that we made a ministerial error when 
calculating the preliminary margin. (See memorandum from Richard W. 
Moreland to Barbara R. Stafford dated August 31, 1994).
    This error constitutes a significant ministerial error within the 
meaning of the Department's proposed regulation regarding preliminary 
determinations, in that its correction will result in a difference of 
no less than 5 absolute percentage points, i.e., between a dumping 
margin of 25.21 percent and a dumping margin of 1.92 percent. 
Therefore, we are amending Roldan's preliminary dumping margin. See 
section 353.15(g)(4)(ii) of the Department's proposed regulations (57 
FR 1131, January 10, 1992). We have converted the unit prices for 
marine insurance expenses from Spanish pesetas to U.S. dollars for 
purposes of deducting the movement expense from U.S. price and for 
purposes of making the VAT adjustment. The corrected dumping margins 
are 1.92 percent for Roldan and 4.68 percent for ``all others.''

Suspension of Liquidation

    We are directing the Customs Service to correct our request to 
suspend liquidation in accordance with section 733(d)(1) of the Act, 
for all entries of SSB from Spain for Roldan and for ``all others''.
    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 Spain 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)
------------------------------------------------------------------------
Roldan, S.A.......................................      25.21       1.92
Acenor, S.A.......................................       8.96       8.96
All others........................................      17.89      4.68 
------------------------------------------------------------------------

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. 94-22558 Filed 9-12-94; 8:45 am]
BILLING CODE 3510-DS-P