[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26159-26160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13178]



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DEPARTMENT OF COMMERCE
[A-428-814, A-428-816]


Certain Cut-To-Length Carbon Steel Plate From Germany: Amendment 
to Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Amendment to Final Results of Antidumping Duty 
Administrative Review.

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SUMMARY: On March 28, 1996, the Department of Commerce published the 
final results of its administrative review

[[Page 26160]]

of the antidumping duty order on certain cut-to-length carbon steel 
plate from Germany. The review covered one manufacturer/exporter and 
the period February 4, 1993, through July 31, 1994. Based on the 
correction of a ministerial error, we are amending the final results.

EFFECTIVE DATE: May 24, 1996.

FOR FURTHER INFORMATION CONTACT: Nancy Decker or Linda Ludwig, Office 
of Agreements Compliance, International Trade Administration, U.S. 
Department of Commerce, Washington, DC 20230; telephone (202) 482-3793.

SUPPLEMENTARY INFORMATION:

Background

    On March 28, 1996, the Department of Commerce (the Department) 
published in the Federal Register the final results of its 
administrative review of the antidumping duty order on certain cut-to-
length carbon steel plate from Germany (61 FR 13834). The review 
covered one manufacturer/exporter, AG der Dillinger Huttenwerke 
(Dillinger), and the period February 4, 1993, through July 31, 1994.
    After publication of our final results, we received a timely 
allegation from petitioners (Bethlehem Steel Corporation, U.S. Steel 
Company, a Unit of USX Corporation, Inland Steel Industries, Inc., 
Geneva Steel, Gulf States Steel Inc. of Alabama, Sharon Steel 
Corporation, and Lukens Steel Company) that the Department had made a 
ministerial error in calculating the final results for plate from 
Germany sold by Dillinger. The respondent filed a timely rebuttal to 
petitioners' ministerial error allegation.
    Petitioners allege that the Department incorrectly applied 
Dillinger's actual-to-theoretical weight conversion factor in the 
conversion of gross unit price. The petitioners state that the gross 
unit price should have been divided, rather than multiplied, by the 
weight conversion factor. The respondent argues that the error alleged 
by petitioners does not qualify as a ministerial error under Section 
353.28(d) of the Department's regulations (19 CFR 353.28(d) (1995)). 
Respondent also argues that if the Department, nevertheless, decides to 
change its methodology, it should also make changes to the conversions 
of expense related data (conversions of home market inland freight, 
home market other expenses, home market global credits and debits, and 
home market credit) to be consistent.
    As defined by section 751(f) of the Tariff Act of 1930, as amended 
(the Act) (19 U.S.C. 1675(f) (1988)), 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' allegation that we should have divided, 
rather than multiplied, gross unit price by the conversion factor. This 
type of unintentional error meets the definition of ministerial error 
contained in the Act. We also agree with respondent's rebuttal that, to 
be consistent, we should also likewise change the conversions of 
expense related data (home market inland freight, home market other 
expenses, home market global credits and debits, and home market 
credit). We have therefore corrected our analysis to divide (rather 
than multiply) the following by the applicable weight conversion 
factor: gross unit price, home market inland freight, home market other 
expenses, home market global credits and debits, and home market 
credit.

Amended Final Results of Review

    As a result of our correction of the ministerial error, we have 
determined the following margin exists for the period February 4, 1993, 
through July 31, 1994:

------------------------------------------------------------------------
                     Manufacturer/exporter                       Margin 
------------------------------------------------------------------------
AG der Dillinger Huttenwerke..................................      2.61
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    We will direct the Customs Service to collect cash deposits of 
estimated antidumping duties on all appropriate entries in accordance 
with the procedures discussed in the final results of this review (61 
FR 13834), as amended by this determination.
    These 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 of this notice and 
shall remain in effect until publication of the final results of the 
next administrative review.
    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 353.26 of 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 is published in accordance with section 751(f) of the 
Tariff Act of 1930, as amended (19 U.S.C. 1675(f)) and 19 CFR 
353.28(c).

    Dated: May 17, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-13178 Filed 5-23-96; 8:45 am]
BILLING CODE 3510-DS-M