[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Notices]
[Pages 33395-33396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16047]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-421-701]


Brass Sheet and Strip From the Netherlands; Amendment of Final 
Results of Antidumping Duty Administrative Review

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

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

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SUMMARY: The Department of Commerce (the Department) is amending its 
final results of administrative review, published on January 19, 1996, 
of the antidumping duty order on brass sheet and strip from the 
Netherlands, to reflect the correction of ministerial errors in those 
final results.

EFFECTIVE DATE: June 19, 1997.

FOR FURTHER INFORMATION CONTACT: Thomas Killiam or John Kugelman, 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) 482-2704 or (202) 482-0649, respectively.

Applicable Statute and Regulations

    Unless otherwise stated, all citations to the statute and the 
regulations are references to the provisions as they existed on 
December 31, 1994.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the final results of antidumping 
administrative review on January 19, 1996 (61 FR 1324). The respondent 
is Outokumpu Copper Rolled Products B.V. (OBV). The petitioners are 
Hussey Copper, Ltd., The Miller Company, Olin Corporation, Revere 
Copper Products, Inc., International Association of Machinists and 
Aerospace Workers, International Union, Allied Industrial Workers of 
America (AFL-CIO), Mechanics Educational Society of America (Local 56), 
and United Steelworkers of America (AFL-CIO/CLC).
    On February 12, 1996, we received timely allegations from OBV and 
the petitioners that the Department had made certain ministerial errors 
in the final results. The Department agreed that certain of the 
allegations constituted ministerial errors but the Department was 
unable to issue a determination correcting these errors before the 
petitioners filed a complaint with the Court of International Trade 
(CIT), challenging the final results of review. Therefore, the 
Department requested leave from the CIT to correct these errors. On 
August 1, 1996, the CIT granted the Department leave to correct the 
errors.

Scope of the Review

    Imports covered by this review are shipments of brass sheet and 
strip, other than leaded and tinned brass sheet and strip, from the 
Netherlands. The chemical composition of the products under review is 
currently defined in the Copper Development Association (C.D.A.) 200 
Series or the Unified Numbering System (U.N.S.) C20000 series. This 
review does not cover products the chemical compositions of which are 
defined by other C.D.A. or U.N.S. series. The merchandise is currently 
classified under Harmonized Tariff Schedule (HTS) item numbers 
7409.21.00 and 7409.29.20. The HTS item numbers are provided for 
convenience and Customs purposes. The written description remains 
dispositive.

Amended Final Results of Review

    The respondent alleged that the Department inadvertently used 
shipment date as the date of sale, in calculating foreign market value 
(FMV) and in making foreign exchange rate conversions. The respondent 
also alleged that the Department improperly failed to convert the 
constructed value corresponding to a particular U.S. sale from guilders 
per kilogram to dollars per pound.
    The petitioners alleged that for U.S. sales with further 
manufacturing in the United States, the Department failed to subtract 
the full amount of allocated direct and indirect selling expenses from 
U.S. price. The petitioners also alleged that, although the final 
results analysis memorandum states that the Department treated certain 
U.S. payments for specific sales as indirect selling expenses rather 
than as commissions, and there were no other claims for U.S. commission 
expenses for the sales in question, in the computer program the 
Department deducted home market indirect selling expenses from FMV as 
an offset to U.S. ``commissions'' for these same U.S. sales. Finally, 
the petitioners alleged that the Department incorrectly included 
several below-cost home market sales when calculating FMV.
    As noted above, we have reviewed each of these alleged errors, and 
we agree that they constitute ministerial errors. Therefore, we have 
amended our final results accordingly.

Amended Final Results of Review

    After correcting the final results for the above ministerial 
errors, the Department has determined that the following margin exists:

------------------------------------------------------------------------
                                                                 Percent
           Manufacturer/exporter                   Period        margin 
------------------------------------------------------------------------
Outokumpu Copper...........................     8/1/90-7/31/91      5.85
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. Individual 
differences between the U.S. price and FMV may vary from the above 
percentage. The Department will issue appraisement instructions 
directly to the Customs Service.
    Furthermore, the following deposit requirements will be effective 
for all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
amended final

[[Page 33396]]

results, as provided for by section 751(a)(1) of the Act.
    (1) The cash deposit rate for OBV will be 5.85%;
    (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 the original less-than-fair-value (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 16.99 percent, the ``all others'' rate established 
in the LTFV investigation.
    This notice serves as a 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 the 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 amendment of the final results of review and this notice are 
in accordance with section 751(f) of the Act (19 U.S.C. 1675(f)) and 19 
CFR 353.28(c)(1995).

    Dated: June 10, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-16047 Filed 6-18-97; 8:45 am]
BILLING CODE 3510-DS-P