[Federal Register Volume 60, Number 141 (Monday, July 24, 1995)]
[Notices]
[Pages 37875-37876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18138]
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DEPARTMENT OF COMMERCE
[A-570-840]
Amended Preliminary Determination of Sales at Less Than Fair
Value: Antidumping Duty Investigation of Manganese Metal From the
People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 24, 1995.
FOR FURTHER INFORMATION CONTACT: David Boyland or Sue Strumbel, Office
of Countervailing Investigations, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4198
and 482-1442, respectively.
Scope of Investigation
The scope of this investigation, manganese metal, is fully
described in the preliminary determination (see Notice of Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination: Manganese Metal from the People's Republic of
China 60 FR 3182, (June 14, 1995)).
Case History
On June 6, 1995, the Department of Commerce (the Department) made
its affirmative preliminary determination of sales at less than fair
value in the above-cited investigation concerning subject merchandise
from the People's Republic of China. On June 20, 1995, respondents in
this investigation, China National Electronics Import & Export Hunan
Company (CEIEC), China Hunan International Economic Development
Corporation (HIED), China Metallurgical Import & Export Hunan Corp.
(CMIECHN), and Minmetal Precious & Rare Minerals Import & Export Co.
(Minmetal), alleged that the Department made two ministerial errors in
the preliminary determinations and requested that the Department
correct these ministerial errors accordingly.
Amendment of Preliminary Determination
Since a preliminary determination only establishes estimated
margins, which are subject to verification and which may change at the
final determination, the Department does not routinely amend
preliminary determinations. However, the Department has stated that it
will amend a preliminary determination to correct significant
ministerial errors (see Amendment to Preliminary Determination of Sales
at Less Than Fair Value: Certain Welded Stainless Steel Pipes from
Taiwan, 57 FR 33492 (July 29, 1992).)
In the preliminary determination of this investigation, the
calculation of HIED's foreign market value (FMV) double counted
material input costs. Additionally, with respect to HIED and the other
companies for which margins were calculated, the Department added
freight to the input cost of manganese ore. (Note: the addition of
freight was despite the fact that the Department determined that
freight costs were already reflected in the input cost of manganese ore
(see June 6, 1995 concurrence memorandum to the Deputy Assistant
Secretary)).
The Department considers the above-referenced errors to be
ministerial errors pursuant to 19 CFR 353.28(d) (see June 29, 1995
Clerical Error Memorandum to the Deputy Assistant Secretary). With
respect to HIED's original margin at the preliminary determination, the
correction of these errors results in a change which is (1) greater
than 5 absolute percentage points, and is (2) greater than 25 percent
of the margin at the preliminary determination. Accordingly, these
errors are considered significant ministerial errors. The ministerial
errors alleged by respondents that relate to all other companies are
not significant and therefore will not be corrected in this amended
preliminary notice.
At the preliminary determination, HIED's margin was the highest
calculated margin and was higher than the highest margin in the
petition, as recalculated by the Department. Accordingly, HIED's margin
was used as the PRC-wide rate. Because Minmetal's margin is now the
highest calculated margin and is higher than the highest margin in the
petition, as recalculated by the Department, Minmetal's margin is now
the PRC-wide rate.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will direct the U.S. Customs Service to continue to require a cash
deposit or posting of bond on all entries of subject merchandise from
the People's Republic of China at the rates indicated below, that are
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of this notice in the Federal Register. The
suspension of liquidation will remain in effect until further notice.
The revised company-specific rate for HIED and the PRC-wide rate, as
well as those rates which have not changed are as follows:
------------------------------------------------------------------------
Margin
Manufacturer/producer/exporter percent
------------------------------------------------------------------------
CEIEC......................................................... 132.22
CMIECHN/CNIECHN............................................... 82.44
HIED.......................................................... 57.18
Minmetal...................................................... 148.24
PRC-Wide Rate................................................. 148.24
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ITC Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of the amended preliminary determination. If our final
determination is affirmative, the ITC will determine whether imports of
the subject merchandise are materially injuring, or threaten material
[[Page 37876]]
injury to, the U.S. industry, before the later of 120 days after the
date of the original preliminary determination (June 6, 1995) or 45
days after our final determination.
This notice is published pursuant to section 733(f) of the Act and
19 CFR 353.15(a)(4).
Dated: July 17, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-18138 Filed 7-21-95; 8:45 am]
BILLING CODE 3510-DS-P