[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Notices]
[Pages 20570-20572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11149]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-817]
Certain Cut-to-Length Carbon Steel Plate From Brazil: Amendment
of Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amendment of final results of antidumping duty
administrative review.
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SUMMARY: On March 16, 1998, the Department of Commerce (``the
Department'') published the final results of its administrative review
of the antidumping duty order on Certain Cut-to-Length Carbon Steel
Plate from Brazil (63 FR 12744) covering the period August 1, 1995
through July 31, 1996. Based on the correction of certain ministerial
errors made in the final results, we are publishing this amendment.
EFFECTIVE DATE: April 27, 1998.
FOR FURTHER INFORMATION CONTACT: Samantha Denenberg or Linda Ludwig,
Office of AD/CVD Enforcement, Group III, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, D.C. 20230; telephone
(202) 482-0414 or 482-3833, respectively.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 by the Uruguay
Round Agreements Act (``URAA''). In addition, unless otherwise
indicated, all references to the Department's regulations are to 19 CFR
Part 353 (April 1, 1997).
[[Page 20571]]
Scope of This Review
The products covered by this administrative review constitute one
``class or kind'' of merchandise: certain cut-to-length carbon steel
plate. These products include hot-rolled carbon steel universal mill
plates (i.e., flat-rolled products rolled on four faces or in a closed
box pass, of a width exceeding 150 millimeters but not exceeding 1,250
millimeters and of a thickness of not less than 4 millimeters, not in
coils and without patterns in relief), of rectangular shape, neither
clad, plated nor coated with metal, whether or not painted, varnished,
or coated with plastics or other nonmetallic substances; and certain
hot-rolled carbon steel flat-rolled products in straight lengths, of
rectangular shape, hot rolled, neither clad, plated, nor coated with
metal, whether or not painted, varnished, or coated with plastics or
other nonmetallic substances, 4.75 millimeters or more in thickness and
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 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030,
7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and
7212.50.0000. Included 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 ``worked after
rolling'')--for example, products which have been beveled or rounded at
the edges. Excluded is grade X-70 plate. These HTS item numbers are
provided for convenience and Customs purposes. The written description
remains dispositive.
The POR is August 1, 1995, through July 31, 1996. This review
covers entries of Certain Cut-to-Length Carbon Steel Plate by Usinas
Siderurgicas de Minas Gerais (``USIMINAS'') and Companhia Siderurgica
Paulista (``COSIPA''). These two producers/exporters have been
collapsed (``USIMINAS/COSIPA'') and are being treated as one entity for
the purpose of this review.
Background
On March 16, 1998, the Department published the final results of
its administrative review of the antidumping duty order on Certain Cut-
to-Length Carbon Steel Plate from Brazil (63 FR 12744). This review
covers one manufacturer/exporter of the subject merchandise, Usinas
Siderurgicas de Minas Gerais (``USIMINAS'') and Companhia Siderurgica
Paulista (``COSIPA''), for the period August 1, 1995 through July 31,
1996. After publication of our final results, we received timely
allegations from the petitioners that we had made ministerial errors in
calculating the final results. USIMINAS/COSIPA did not file a rebuttal
to the petitioners' ministerial error allegations. We have corrected
our calculations, in which we agree that we made ministerial errors, in
accordance with section 751((h) of the Tariff Act.
In the final results, the ``all others'' cash deposit rate was
incorrectly stated to be 36.00 percent. The correct ``all others'' rate
(from the LTFV investigation) is 75.54 percent. See Final Determination
of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel
Plate from Brazil, 58 FR 37091 (July 9, 1993).
Analysis of Ministerial Error Allegations Received From Interested
Parties
We received two ministerial error allegations from petitioners.
First, petitioners contend that the Department did not consistently
change the variable name for USIMINAS' home market inland freight
expense for all pertinent programs. In the final results, the
Department included USIMINAS' INFLFTCH field in the proper calculation
strands of the model match program, but did not make the corresponding
corrections in the arm's length program. Petitioners further noted that
COSIPA's INLFTCH field (also home market inland freight expense) should
also be included in the movement expense calculation string.
As defined by section 751(h) of the Act, 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 that USIMINAS' INFLFTCH field and COSIPA's INLFTCH field
should be included in the proper calculation strings in the arm's
length program. We have made the suggested corrections for the amended
final results.
Second, petitioners contend that the length of the customer code
field defined in the arm's length program was insufficient. Petitioners
state that the length statement for CUSCODH needs to be changed so that
the results of the arm's length program are correctly applied to the
model match program.
We agree with petitioners that the length statement for the
customer code field needs to be changed. We have made the suggested
corrections for the amended final results.
Amended Final Results of Review
We determine that the following weighted-average margin exists:
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Margin
Manufacturer/exporter Period of review (percent)
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Usinas Siderurgicas de Minas
Gerais (``USIMINAS'')............ 08/01/95-07/31/96 11.70
Companhia Siderurgica Paulista
(``COSIPA'')..................... 08/01/95-07/31/96 11.70
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The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. We will
calculate importer-specific ad valorem duty assessment rates based on
the entered value of each entry of subject merchandise during the POR.
We will direct the Customs Service to collect cash deposits of
estimated antidumping duties on all appropriate entries. The amended
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 date of this notice and will remain in
effect until the 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
[[Page 20572]]
occurred and 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
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. Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested.
This 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
353.22.
Dated: April 16, 1998.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 98-11149 Filed 4-24-98; 8:45 am]
BILLING CODE 3510-DS-P
