[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Notices]
[Pages 32294-32295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15608]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-421-804]


Cold-Rolled Carbon Steel Flat Products From the Netherlands; 
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 April 15, 1997, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on cold-rolled carbon steel flat products from 
the Netherlands (62 FR 18476). The period of review is August 1, 1994 
through July 31, 1995. On April 21, 1997, the sole respondent, 
Hoogovens Staal BV, and its U.S. subsidiary, Hoogovens Steel USA, Inc. 
(collectively, Hoogovens) filed a timely request that the Department 
correct two ministerial errors in these final results. On May 1, 1997, 
the 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) also filed a timely request for the correction of 
certain ministerial errors in the programming language. We are 
publishing this amendment to the final results of review in accordance 
with 19 CFR 353.28(c).

EFFECTIVE DATE: June 13, 1997.

FOR FURTHER INFORMATION CONTACT: Helen Kramer 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-
0405 or (202) 482-3833, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless 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

    The products covered by this review include cold-rolled (cold-
reduced) carbon steel flat-rolled products, of rectangular shape, 
neither clad, plated nor coated with metal, whether or not painted, 
varnished or coated with plastics or other nonmetallic substances, in 
coils (whether or not in successively superimposed layers) and of a 
width of 0.5 inch or greater, or in straight lengths which, if of a 
thickness less than 4.75 millimeters, are of a width of 0.5 inch or 
greater and which measures at least 10 times the thickness or if of a 
thickness of 4.75 millimeters or more are 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 
7209.15.000, 7209.16.1030, 7209.16.0060, 7209.16.0090, 7209.17.0030, 
7209.17.0060, 7209.17.0090, 7209.18.1530, 7209.18.1560, 7209.18.2550, 
7209.18.6000, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 
7209.90.0000, 7210.70.3000, 7210.90.9000, 7211.23.1500, 7211.23.2000, 
7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6085, 
7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7215.50.0015, 
7215.50.0060, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 
7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 
and 7217.90.5090. Included in this review 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 
``working after rolling'')--for example, products which have been 
beveled or rounded at the edges. Excluded from this review is certain 
shadow mask steel, i.e., aluminum-killed, cold-rolled steel coil that 
is open-coil annealed, has a carbon content of less than 0.002 percent, 
is of 0.003 to 0.012 inch in thickness, 15 to 30 inches in width, and 
has an ultra flat, isotropic surface. These HTS item numbers are 
provided for convenience and Customs purposes. The written description 
remains dispositive.
    The POR is August 1, 1994, through July 31, 1995. This review 
covers entries of certain cold-rolled carbon steel flat

[[Page 32295]]

products from the Netherlands by Hoogovens.

Ministerial Errors in Final Results of Review

    After reviewing Hoogovens' allegation of two ministerial errors in 
the Department's computer program for the final results of review for 
cold-rolled carbon steel flat products from the Netherlands, we agree 
that an ``else'' statement should be inserted in the computer 
programming after each line of adjustments to the reported further 
manufacturing costs for certain invoices. This point was also made by 
petitioners. Further, we agree with Hoogovens that we should not have 
included costs of repacking merchandise further manufactured in the 
United States in the calculation of foreign market value, since we 
included these costs in further manufacturing costs, which are deducted 
from U.S. price in the margin calculation.
    We also agree with petitioners that in adjusting Hoogovens' 
reported further manufacturing costs, we inadvertently omitted port-to-
plant movement expenses for the specific invoices referenced in the 
program. We further agree with petitioners that in calculating the net 
price for CEP transactions, we should have deducted total movement 
expenses instead of inland freight expenses only. For these amended 
final results we have made all of the above corrections.

Amended Final Results of Review

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

------------------------------------------------------------------------
                                                                 Margin 
           Manufacturer/exporter             Period of review  (percent)
------------------------------------------------------------------------
Hoogovens Staal B.V.......................     8/1/94-7/31/95       4.94
------------------------------------------------------------------------

    The Customs Service shall assess antidumping duties on all 
appropriate entries. Individual differences between U.S. price and 
normal value may vary from the percentage 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 
Hoogovens will be the rate indicated above; (2) 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 (3) 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 19.32 percent, the ``all-
other'' rate established in the amended final determination in the LTFV 
investment. See Amended Final Determination Pursuant to CIT Decision: 
Certain Cold-Rolled Carbon Steel Flat Products from the Netherlands, 61 
F.R. 47871.
    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 
reimbersement 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 regulation 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: June 4, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-15608 Filed 6-12-97; 8:45 am]
BILLING CODE 3510-DS-M