[Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
[Notices]
[Pages 33587-33588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16244]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-815, A-580-816]
Notice of Amended Final Results of Antidumping Duty
Administrative Reviews: Certain Cold-Rolled Carbon Steel Flat Products
From Korea; Certain Corrosion-Resistant Carbon Steel Flat Products from
Korea
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 April 15, 1997, the Department of Commerce (the Department)
published the final results of its administrative review of the
antidumping duty order on certain cold-rolled carbon steel flat
products from Korea, and certain corrosion-resistant carbon steel flat
products from Korea (62 FR 18404). The period of review (POR) is August
1, 1994, through July 31, 1995. On April 23, 1997, Pohang Iron and
Steel Co., Ltd. (POSCO) alleged, in a timely fashion, that the
Department had made six ministerial errors with respect to the final
results for POSCO and the companies collapsed with POSCO (Pohang Coated
Steel Co., Ltd. (POCOS) and Pohang Steel Industries Co., Ltd. (PSI)),
collectively referred to below as the POSCO Group. POSCO therefore
requested that we amend the final results of the review as published on
April 15, 1997. On April 30, 1997, petitioners asserted that none of
the issues raised by POSCO in its April 23, 1997, submission
constituted ministerial errors.
The Department has determined that one of the alleged errors is in
fact a ministerial error. We have corrected the error in question and
recalculated the dumping margins for the POSCO Group. The margin for
cold-rolled products has changed from 0.54 percent to 0.49 percent, and
the margin for corrosion-resistant products remains at 0.09 percent.
EFFECTIVE DATE: June 20, 1997.
FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Alain Letort, 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
202/482-1395 (Bezirganian) or 202/482-4243 (Letort), fax 202/482-1388.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the 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).
Background
On April 15, 1997, the Department published the final results of
its administrative reviews of the antidumping duty orders on certain
cold-rolled and corrosion-resistant carbon steel flat products from
Korea, for the period August 1, 1994 through July 31, 1995 (62 FR
18404). The reviews covered shipments of the merchandise from Korea by
the POSCO Group that entered the United States during the period August
1, 1994 through July 31, 1995.
Subsequent to the publication of the final results, POSCO alleged,
in a timely fashion, that the Department had made six ministerial
errors with respect to the final results for the POSCO Group. POSCO
therefore requested that we amend the final results of the review as
published on April 15, 1997. Petitioners
[[Page 33588]]
subsequently asserted that none of the alleged errors cited by POSCO
constituted ministerial errors.
Section 353.28(d) of the Department's regulations defines a
``ministerial error'' as ``an error in addition, subtraction, or other
arithmetic function, clerical error resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which the Secretary considers ministerial.'' 19 CFR Sec. 353.28(d). The
first error that POSCO alleged was the Department's failure to reflect
in its margin calculations the methodology explicitly stated in the
final results with regard to the deduction from U.S. price of one-half
of the POSTRADE markup. See the May 2, 1997, memorandum from Steve
Bezirganian for John Kugelman. We agree with POSCO that this
constituted a ministerial error as defined by 19 CFR Sec. 353.28(d),
and have corrected the error in question.
The Department has determined that the other five ministerial
errors alleged by POSCO are not ministerial errors. See the May 2,
1997, memorandum from Steve Bezirganian for John Kugelman. Therefore,
we did not amend the final results on those five points.
Amended Final Results of Review
As a result of the correction, we have determined that the
following de minimis percentage weighted-average margins exist for the
period August 1, 1994 through July 31, 1995:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/producer/exporter margin
(percent)
------------------------------------------------------------------------
Certain Cold-Rolled Carbon Steel Flat Products
------------------------------------------------------------------------
POSCO...................................................... 0.49
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Certain Corrosion-Resistant Carbon Steel Flat Products
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POSCO...................................................... 0.09
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The Department shall determine, and the United States Customs
Service shall assess, antidumping duties on all appropriate entries.
The Department shall issue appraisement instructions directly to the
Customs Service.
Furthermore, the following deposit requirements shall be effective,
upon publication of this notice for all shipments of the subject
merchandise from Korea that are entered, or withdrawn from warehouse,
for consumption, on or after the date of publication of this notice, as
provided by section 751(a)(1) of the Tariff Act of 1930, as amended
(``the Act''): (1) The cash deposit rates for POSCO and the collapsed
companies (POCOS and PSI) shall be zero percent; (2) for previously
reviewed or investigated companies not listed above, the cash deposit
rate shall continue to be the company-specific rate published for the
most recent period; (3) if the exporter is not a firm covered in these
reviews, or the original investigations, but the manufacturer is, the
cash deposit rate shall be that 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 these or any
previous reviews, the cash deposit rate will continue to be 14.44
percent (for certain cold-rolled carbon steel flat products) and 17.70
percent (for certain corrosion-resistant carbon steel flat products),
which were the ``all others'' rates in the LTFV investigations.
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
This notice also serves as final reminder to importers of their
responsibility to 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 also is the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR Sec. 353.34(d). Failure
to comply is a violation of the APO.
These amended final results of administrative review and notice are
in accordance with section 751(a)(1) of the Act (19 U.S.C.
Sec. 1675(a)(1)) and 19 CFR Sec. 353.28(c).
Dated: June 13, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-16244 Filed 6-19-97; 8:45 am]
BILLING CODE 3510-DS-P