[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Notices]
[Pages 27260-27261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13047]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-401-805]


Amended Final Results of Antidumping Duty Administrative Review: 
Certain Cut-to-Length Carbon Steel Plate From Sweden

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

ACTION: Amended final results of administrative review.

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SUMMARY: On January 13, 1998, the United States Court of International 
Trade affirmed the Department of Commerce's final remand results 
affecting the final assessment rate for the 1993/94 administrative 
review in the case of certain cut-to-length carbon steel plate from 
Sweden. SSAB Svenkst Stal AB v. United States, Slip Op. 98-3 (CIT 
January 13, 1998). As there is now a final and conclusive court 
decision in this action, we are amending our final results of review, 
and we will instruct the U.S. Customs Service to liquidate entries 
subject to this review.

EFFECTIVE DATE: May 18, 1998.

FOR FURTHER INFORMATION CONTACT: Carrie Blozy or Stephen Jacques, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W. 
Washington, D.C. 20230; telephone: (202) 482-0374 or 482-1391, 
respectively.

Applicable Statue

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Tariff Act''), are references to the provisions 
in effect as of December 31, 1994. In addition, unless otherwise 
indicated, all citations

[[Page 27261]]

to the Department of Commerce's (``the Department's'') regulations are 
to the regulations as codified at 19 CFR Part 353 (April 1, 1997).

SUPPLEMENTARY INFORMATION:

Background

    On April 9, 1996, the Department published its final results of 
administrative review in the case of Certain Cut-to-Length Carbon Steel 
Plate from Sweden; Final Results of Antidumping Duty Administrative 
Review, 61 FR 15772 (``Final Results''). The review covered one 
manufacturer/exporter, SSAB Svenskt Stal AB (``SSAB''), of the subject 
merchandise for the period February 4, 1993, through July 31, 1994. 
Subsequently, SSAB filed a lawsuit with the U.S. Court of International 
Trade (``CIT'') challenging the results.
    In the context of this litigation, the Department requested a 
remand to reconsider the propriety of making an adjustment for post-
sale price adjustments (``PSPAs''). The CIT granted this remand on 
August 29, 1997. On remand, through an examination of the record, the 
Department found that all rebates were made on either a fixed or 
constant percentage-of-sales value or on a fixed and constant Swedish 
Kroner-per-ton of total tonnage sold. Therefore, the Department 
determined that these PSPAs qualified as adjustments to foreign market 
value.
    The Department filed its redetermination with the Court of 
International Trade (``CIT'') on October 29, 1997. See Final Results of 
Redetermination on Remand, SSAB Svenskt Stal AB v. United States, Court 
No. 96-05-01372, Slip Op. 97-123 (August 29, 1997) (``Remand 
Results''). In its Remand Results, the Department stated that it would 
``instruct the Customs Service to collect cash deposits at the above 
rate [of 7.25%] for entries from SSAB of cut-to-length carbon steel 
plate from Sweden'' (Remand Results at 4). Since then, parties and the 
CIT have agreed that such instructions would be incorrect because the 
Department has published subsequent administrative reviews that govern 
future cash deposits. Therefore, cash deposit rates will be governed 
not by the rate published in the Remand Results, but by the most 
recently completed administrative review, according to the Department's 
normal procedures. See Certain Cut-to-Length Carbon Steel Plate from 
Sweden; Final Results of Antidumping Duty Administrative Review, 62 FR 
46947 (September 5, 1997).
    On January 13, 1998, the CIT affirmed the Department's final remand 
results (with the exception noted above), Slip Op. 98-3. As there is 
now a final and conclusive court decision in this action, we are 
amending our final results of review in this matter and we will 
instruct the U.S. Customs Service to liquidate entries subject to this 
review in accordance with the remand results.

Amendment to Final Results

    Pursuant to 516A(e) of the Tariff Act, we are now amending the 
final results of administrative review of the antidumping duty order on 
certain cut-to-length carbon steel plate from Sweden for the period 
February 4, 1993, through July 31, 1994. As a result of the remand 
determination, the final weighted-average margin for SSAB is as 
follows:

------------------------------------------------------------------------
                                                                Margin  
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
SSAB........................................................        7.25
------------------------------------------------------------------------

    Accordingly, the Department shall determine, and the U.S. Customs 
Service shall assess appropriate antidumping duties on entries of the 
subject merchandise manufactured by SSAB. We calculated an importer-
specific ad valorem duty assessment rate for the merchandise based on 
the ratio of the total amount of antidumping duties calculated for the 
examined sales during the POR to the total quantity of sales examined 
during the POR. To determine the amount of antidumping duties on those 
U.S. sales for which the Department assigned a margin based on the best 
information available (``BIA''), we calculated a unit duty rate (based 
on the BIA rate of 24.23%) for all BIA sales. Consequently, the 
assessment rate for SSAB represents a weighted-average of the total 
amount of antidumping duties for non-BIA sales and the total amount of 
antidumping duties for BIA sales. Individual differences between U.S. 
price and normal value may vary from the percentages stated above. The 
Department will issue appraisement instructions to the U.S. Customs 
Service after publication of this amended final results of review.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act.

    Dated: May 7, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-13047 Filed 5-15-98; 8:45 am]
BILLING CODE 3510-DS-P