[Federal Register Volume 63, Number 56 (Tuesday, March 24, 1998)]
[Notices]
[Pages 14066-14067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7638]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-588-843]


Notice of Amended Preliminary Determination of Sales at Less Than 
Fair Value: Stainless Steel Wire Rod From Japan

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

EFFECTIVE DATE: March 24, 1998.

FOR FURTHER INFORMATION CONTACT: David Genovese, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, D.C. 20230; telephone: 
(202) 482-0498.

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department of Commerce's (the 
Department's) regulations are references

[[Page 14067]]

to 19 CFR part 351 (62 FR 27296 (May 19, 1997)).

Amended Preliminary Determination

    We are amending the preliminary determination of sales at less than 
fair value for stainless steel wire rod (SSWR) from Japan to reflect 
the correction of a ministerial error made in a margin calculation in 
that determination. We are publishing this amendment to the preliminary 
determination pursuant to 19 CFR 351.224(e).

Case History

    On February 25, 1998, the Department preliminarily determined that 
SSWR from Japan is being, or is likely to be, sold in the United States 
at less than fair value (63 FR 10854 (March 5, 1998)). On February 27, 
1998, we disclosed our calculations for the preliminary determination 
to counsel for Daido Steel Company, Ltd., Hitachi Metals, Ltd. 
(Hitachi), and Nippon Steel Corporation. On March 5, 1998, we disclosed 
our calculations for the preliminary determination to counsel for the 
petitioner.
    On March 2 and 4, 1998, we received submissions, timely filed 
pursuant to 19 CFR 351.224(c)(2), from Hitachi, alleging ministerial 
errors in the Department's preliminary determination. In its 
submissions, Hitachi requested that these errors be corrected and an 
amended preliminary determination be issued reflecting these changes. 
We did not receive comments from any other respondent or from the 
petitioner.

Amendment of Preliminary Determination

    The Department's regulations provide that the Department will 
correct any significant ministerial error by amending the preliminary 
determination. See 19 CFR 351.224(e). A significant ministerial error 
is an error the correction of which, either singly or in combination 
with other errors:
    (1) Would result in a change of at least five absolute percentage 
points in, but not less than 25 percent of, the weighted-average 
dumping margin calculated in the original (erroneous) preliminary 
determination; or
    (2) Would result in a difference between a weighted-average dumping 
margin of zero (or de minimis) and a weighted-average dumping margin of 
greater than de minimis, or vice versa. See 19 CFR 351.224(g).
    After analyzing Hitachi's submissions, we have determined that a 
ministerial error was made in the margin calculation for Hitachi in the 
preliminary determination. Specifically, we inadvertently failed to 
convert the constructed value unit cost information from a per-kilogram 
basis to a per-pound basis, which is the basis on which the U.S. sales 
of further manufactured products were reported. See Memorandum To Louis 
Apple From The Team, dated March 13, 1998, for a detailed discussion of 
Hitachi's ministerial error and the Department's analysis.
    Because the correction of this ministerial error results in a zero 
margin for Hitachi, the Department hereby amends its preliminary 
determination to correct this error. In addition, because section 
735(c)(5)(A) of the Act directs the Department to exclude zero margins 
from the calculation of the ``All Others Rate,'' we have recalculated 
the ``All Others Rate.'' The revised weighted-average dumping margins 
are as follows:

------------------------------------------------------------------------
                                                              Weighted- 
                                                               average  
               Manufacturer/producer/exporter                   margin  
                                                              percentage
------------------------------------------------------------------------
Hitachi Metals, Ltd........................................         0.00
Daido Steel Co., Ltd.......................................        31.38
Nippon Steel Corp..........................................        24.41
Sanyo Special Steel Co., Ltd...............................        31.38
Sumitomo Electric Industries, Ltd..........................        31.38
All Others.................................................        26.59
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will direct the U.S. Customs Service to continue to require a cash 
deposit or posting of bond on all entries of subject merchandise from 
Japan--excepted those produced and exported by Hitachi--at the rates 
indicated above, that are entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register. The suspension of liquidation will remain in effect 
until further notice. The revised company-specific rate for Hitachi and 
the ``All Others'' rate, as well as those rates which have not changed 
are listed above.

International Trade Commission Notification

    In accordance with section 773(f) of the Act, we have notified the 
International Trade Commission of the amended preliminary 
determination.
    This amended preliminary determination is published pursuant to 
section 777(i) of the Act.

    Dated: March 18, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-7638 Filed 3-23-98; 8:45 am]
BILLING CODE 3510-DS-P