[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Notices]
[Pages 14885-14886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7964]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-427-812]


Calcium Aluminate Flux From France; Amended Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of Amended Final Results of Antidumping Duty 
Administrative Review.

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SUMMARY: On February 4, 1997, the Department of Commerce (the 
Department) published the final results of its administrative review of 
the antidumping duty order on calcium aluminate flux (CA flux) from 
France (62 FR 5200). The period of review is June 15, 1994 through May 
31, 1995. On February 18, 1997, the sole respondent, Lafarge 
Aluminates, and its U.S. subsidiary, Lafarge Calcium Aluminates, Inc. 
(collectively, Lafarge) filed a timely request that the Department 
correct a ministerial error in these final results. We are publishing 
this amendment to the final results of review in accordance with 19 CFR 
353.28(c).

EFFECTIVE DATE: March 28, 1997.

FOR FURTHER INFORMATION CONTACT:
Maureen McPhillips or Linda Ludwig, AD/CVD Enforcement Group III, 
Office 8, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3019 or (202) 482-3833, 
respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unles otherwise stated, all citations to the Tariff Act are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act by the Uruguay Round 
Agreements Act (URAA). In addition, unless otherwise indicated, all 
citations to the Department's regulations are to the current 
regulations, as amended by the interim regulations published in the 
Federal Register on May 11, 1995 (60 FR 25130).

Scope of the Review

    Imports covered by this review are shipments of CA Flux, other than 
white, high purity CA flux. This product contains by weight more than 
32 percent but less than 65 percent alumina and more than one percent 
each of iron and silica.
    CA flux is currently classified under the Harmonized Tariff 
Schedule of the United States (HTSUS) subheading 2523.10.0000. The 
HTSUS is provided for convenience and U.S. Customs' purposes only. The 
written description of the scope of this order remains dispositive. 
This review covers the period June 15, 1994 through May 31, 1995.

Ministerial Error in Final Results of Review

    After reviewing Lafarge's allegation of a ministerial error in the 
Department's final results of CA flux from France, we agree that 
misplaced parentheses in the computer program resulted in the failure 
to multiply the per-unit U.S. cost of manufacture (COM) by the quantity 
when calculating the U.S. cost of goods sold (COGS) to derive profit 
based on the total costs, total revenues, and total expenses for all 
subject merchandise during the period of review. The intent of the 
Department was clearly to include total, not per-unit, revenue, costs 
and expenses in the profit calculation as we did for revenue, and all 
components of selling expenses and movement charges. For these amended 
final results we have multiplied all components of the COGS, including 
the COM, by the quantity in order to correctly include the total COGS 
in the calculation of profit.

[[Page 14886]]

Amended Final Results of Review

    As a result of our correction of a ministerial error, we have 
determined the margin to be:

------------------------------------------------------------------------
                                                                 Margin 
                  Company                    Period of review  (percent)
------------------------------------------------------------------------
Lafarge Fondu Inter'l, Inc................    6/15/94-5/31/95     11.71 
------------------------------------------------------------------------

    The Customs Service shall assess antidumping duties on all 
appropriate entries. Individual differences between U.S. price and 
normal value may vary from the percentages stated above. The Department 
will issue appraisement instructions concerning the respondent directly 
to the U.S. Customs Service.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise, entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
these amended final results of administrative review, as provided for 
by section 751(a)(1) of the Tariff Act: (1) the cash deposit rate for 
Lafarge will be the rate indicated above; (2) for previously reviewed 
or investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or in the original LTFV investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review conducted by the Department, the cash deposit 
rate will be 37.93 percent, the ``all-others'' rate established in the 
LTFV investigation, 59 FR 5994 (February 9, 1994).
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice serves as the 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 these review periods. 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 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 or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of the APO is a sanctionable 
violation.
    These amended final results of 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 353.28(c).

    Dated: March 20, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-7964 Filed 3-27-97; 8:45 am]
BILLING CODE 3510-DS-M