[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Notices]
[Pages 16972-16973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8977]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-583-828]


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

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

EFFECTIVE DATE: April 7, 1998.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Alexander Amdur, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone: (202) 482-4740 or (202) 482-5346, 
respectively.

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 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 Taiwan to reflect 
the correction of ministerial errors made in the margin calculations in 
that determination. We are publishing this amendment to the preliminary 
determination pursuant to 19 CFR 351.224(e).

[[Page 16973]]

Case History

    On February 25, 1998, the Department preliminarily determined that 
SSWR from Taiwan is being, or is likely to be, sold in the United 
States at less than fair value (63 FR 10836, March 5, 1998). On March 
5, 1998, we disclosed our calculations for the preliminary 
determination to counsel for Walsin Cartech Specialty Steel Corporation 
(Walsin), Yieh Hsing Enterprise Corporation, Ltd. (Yieh Hsing) and the 
petitioners.
    On March 12, 1998, we received a submission, timely filed pursuant 
to 19 CFR 351.224(c)(2), from Yieh Hsing, alleging ministerial errors 
in the Department's preliminary determination. In its submission, Yieh 
Hsing requested that these errors be corrected and an amended 
preliminary determination be issued reflecting these changes. We did 
not receive ministerial error allegations from the other respondent or 
from the petitioners.

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 Yieh Hsing's submission, we have determined that 
ministerial errors were made in the margin calculation for Yieh Hsing 
in the preliminary determination. Specifically, we inadvertently used 
programming language that incorrectly applied a second billet cost 
adjustment factor for certain steel grades after these grades had 
already been correctly adjusted with grade-specific adjustments. 
Furthermore, we also inadvertently double-counted interest revenue in 
calculating normal value.
    Yieh Hsing also alleged that the Department made ministerial errors 
by double-counting another billet cost adjustment; double-counting the 
billet cost for a specific grade of billets; triple-counting a grinding 
loss adjustment; and failing to use weighted-average U.S. prices. The 
Department has determined that these are not ministerial errors under 
19 CFR 351.224(f). See Memorandum To Holly Kuga From The Team, dated 
March 26, 1998, for a detailed discussion of Yieh Hsing's ministerial 
errors allegations and the Department's analysis.
    Because the correction of the two ministerial errors results in a 
change of at least five absolute percentage points in, and not less 
than 25 percent of, the weighted-average dumping margin calculated for 
Yieh Hsing in the original (erroneous) preliminary determination, the 
Department hereby amends its preliminary determination to correct these 
errors. In addition, we have recalculated the ``All Others Rate.'' The 
revised weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                              Weighted- 
                                                               average  
                   Exporter/manufacturer                        margin  
                                                              percentage
------------------------------------------------------------------------
Walsin Cartech Specialty Steel Corporation.................        27.81
Yieh Hsing Enterprise Corporation, Ltd.....................         2.42
All Others.................................................        12.09
------------------------------------------------------------------------

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 
Taiwan that are entered, or withdrawn from warehouse, for consumption 
on or after the date of publication of this notice in the Federal 
Register at the rates indicated above. The suspension of liquidation 
will remain in effect until further notice. The revised company-
specific rate for Yieh Hsing 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 733(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 30, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-8977 Filed 4-6-98; 8:45 am]
BILLING CODE 3510-DS-P