[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Notices]
[Pages 51274-51275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25109]



[[Page 51274]]

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DEPARTMENT OF COMMERCE
[A-427-806, A-427-807, A-427-808, A-427-809]


Certain Hot-Rolled Carbon Steel Flat Products, Certain Cold-
Rolled Carbon Steel Flat Products, Certain Corrosion-Resistant Carbon 
Steel Flat Products, and Certain Cut-to-Length Carbon Steel Plate From 
France; Notice of Final Court Decision and Amended Final Determinations

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

ACTION: Notice.

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SUMMARY: On May 28, 1996, in the case of Usinor Sacilor v. United 
States, Consol. Court No. 93-09-00592-AD (``Usinor Sacilor''), the 
United States Court of International Trade (the Court) affirmed the 
Department of Commerce's (the Department's) second redeterminations on 
remand arising out of the final determinations of sales at less than 
fair value in the antidumping duty investigations of certain hot-rolled 
carbon steel flat products, certain cold-rolled flat products, certain 
corrosion-resistant flat products, and certain cut-to-length steel 
plate from France. As there is now a final and conclusive court 
decision in this action, we are amending our final determinations in 
this matter and will instruct the U.S. Customs Service to change the 
cash deposit rate and to liquidate certain past entries of the subject 
merchandise.

FOR FURTHER INFORMATION CONTACT:
Edward Easton at (202) 482-1777, Office of AD/CVD Enforcement II, 
Import Administration, International Trade Administration, 14th Street 
and Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 9, 1993, the Department published its final determinations 
of sales at less than fair value in the antidumping duty investigations 
of certain hot-rolled carbon steel flat products, certain cold-rolled 
carbon steel flat products, certain corrosion-resistant carbon steel 
flat products, and certain cut-to-length carbon steel plate from 
France. On August 19, 1993, the Department published amended final 
determinations.
    Subsequently, Usinor Sacilor filed lawsuits with the Court 
challenging the final determinations. On December 19, 1994, the Court 
remanded the cases to the Department on certain of the challenged 
issues. In its opinion, the Court found that the Department had 
improperly rejected Usinor Sacilor's revised and corrected product 
concordance and resorted to the ``best information available'' (BIA). 
The Court directed the Department to accept the concordance. The Court 
also found that the Department had improperly used BIA to remedy Usinor 
Sacilor's having improperly coded a particular grade of hot-rolled 
steel. The Court directed the Department either to use the relevant 
sales as coded or to allow Usinor Sacilor to reclassify them. In 
addition, the Court rejected the Department's selection of the highest 
non-aberrant margin as BIA for the downstream sales of Usinor Scilor's 
majority-owned steel service centers. The Court instructed the 
Department to use, instead, the ``weighted-average calculated margin.'' 
Finally, with regard to the downstream sales of mintory-owned steel 
service centers, the Court instructed the Department to Determine 
whether Usinor Sacilor had operational control over these service 
centers. If the Department were to find that Usinor Sacilor did control 
them, we were to select the highest non-aberrant margin as BIA in a 
manner consistent with the Court's ruling in National Steel Corp. v. 
United States, Slip. Op. 94-194 (December 13, 1994). On the other hand, 
if the Department were to determine that Usinor Sacilor did not control 
the steel service centers in which it had a minority ownership, we were 
to apply the ``weighted-average calculated margin'' as BIA.
    On remand, after finding that Usinor Sacilor lacked operational 
control over the minority-owned service centers, the Department used 
the weighted-average calculated margin as BIA for the downstream sales 
of both the majority-and minority-owned steel service centers. This 
weighted-average calculated BIA margin consisted of individual price-
to-price margins, price-to-constructed value margins, and unchallenged 
BIA margins. The Department also accepted Usinor Sacilor's revised and 
corrected product concordance and allowed the company to correct the 
coding of the miscoded grade of steel. On February 17, 1995, the 
Department filed its required remand results with the Court.
    On November 9, 1995, the Court remanded the Department's 
redeterminations on remand. In this remand opinion, the Court explained 
that it had intended that the Department use a weighted-average 
calculated margin consisting only of price-to-price and price-to-
constructed value margins, not including the unchallenged margins based 
on BIA.
    The Department submitted the recalculated weighted-average margins 
to the Court on January 11, 1996.
    On May 28, 1996, the Court upheld the Department's second set of 
redeterminations. See Usinor Sacilor v. United States, Consol. Ct No. 
93-09-00592-AD, Slip Op. 96-84 (CIT May 28, 1996).
    On June 21, 1996, the Department published a notice of court 
decision pursuant to 19 U.S.C. 1516e(e). Notice of Court Decision and 
Suspension of Liquidation, 61 FR 31921. In that notice, we stated that 
we would suspend liquidation until there was a ``conclusive'' decision 
in the action. Since that notice, the period to appeal has expired and 
no appeal was filed. Therefore, as there is now a final and conclusive 
court decision in this action, we are amending our final 
determinations.

Amendment to Final Determinations

    Pursuant to 19 U.S.C. 1516a(e), we are now amending the final 
determinations in certain hot-rolled carbon steel flat products, 
certain cold-rolled steel flat products, certain corrosion-resistant 
carbon steel flat products, and certain cut-to-length steel plate from 
France.
    The recalculated weighted-average dumping margins for Usinor 
Sacilor and for the ``All Others'' rate are as follows:

Certain Hot-Rolled Carbon Steel Products.........................25.80%
Certain Cold-Rolled Carbon Steel Products........................44.52%
Certain Corrosion-Resistant Carbon Steel Products................29.41%
Certain Cut-to-Length Carbon Steel Plate.........................52.76%

    In August 1993, the U.S. International Trade Commission (the 
Commission) determined that an industry in the United States was not 
materially injured or threatened with material injury, and that the 
establishment of an industry in the United States was not materially 
retarded, by reason of imports of certain hot-rolled carbon steel flat 
products, certain cold-rolled carbon steel flat products, or certain 
cut-to-length carbon steel plate from France. These negative 
determinations had the effect of terminating those investigations and 
no antidumping duty orders were issued concerning those products.
    The Commission also determines that an industry in the United 
States was materially injured or threatened with material injury by 
reason of imports of certain corrosion-resistant carbon steel products 
from France. As a consequence of the Commission's affirmative 
determination, these products were subject to an antidumping order. The 
Department will instruct the U.S.

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Customs Service to change the appropriate cash deposit requirements in 
accordance with the recalculated rate for corrosion-resistant steel 
products and to proceed with liquidation of the subject merchandise 
entered on or after April 6, 1993, and before August 17, 1993. All 
other entries currently are enjoined from liquidation by a preliminary 
injunction issued by the Court in Inland Steel Industries v. United 
States, Consol. Court No. 93-09-00567-CVD.

    Dated: September 23, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-25109 Filed 9-30-96; 8:45 am]
BILLING CODE 3510-DS-M