[Federal Register Volume 63, Number 178 (Tuesday, September 15, 1998)]
[Notices]
[Pages 49330-49331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24772]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-469-807]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Stainless Steel Wire Rod From Spain

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

EFFECTIVE DATE: September 15, 1998.

FOR FURTHER INFORMATION CONTACT: Howard Smith or Wendy Frankel, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-5193 or (202) 482-5849, 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 (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
(Department's) regulations are to the regulations at 19 CFR part 351, 
62 FR 27296 (May 19, 1997).

Amendment to the Final Determination

    On July 20, 1998, in accordance with section 735(a) of the Act, the 
Department made a final determination that stainless steel wire rod 
(SSWR) from Spain is being, or is likely to be, sold in the United 
States at less than fair value. See Notice of Final Determination of 
Sales at Less Than Fair Value: Stainless Steel Wire Rod From Spain, 63 
FR 40391 (July 29, 1998) (final determination). On August 3, 1998, 
petitioners filed a timely allegation that the Department had made a 
ministerial error in its final determination. Specifically, petitioners 
assert that while the Department found in its final determination that 
the reported cost of production (COP) and constructed value (CV) should 
be increased by the amount of an inventory write-down that respondent 
subtracted from reported costs, the Department made an arithmetic error 
in adjusting the reported costs which inadvertently decreased, rather 
than increased costs by the inventory write-down.
    We have determined, in accordance with 19 CFR 351.224, that a 
ministerial error was made in adjusting the COP and CV that were 
reported in the final determination. For a detailed discussion of the 
alleged ministerial error, see the memorandum from Howard Smith to 
Holly Kuga on the subject, ``Ministerial Error Allegation'' regarding 
the antidumping duty investigation of stainless steel wire rod from 
Spain--final determination, dated August 20, 1998.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of the antidumping duty investigation of 
stainless steel wire rod from Spain. The revised weighted-average 
dumping margins are in the ``Antidumping Duty Order'' section below.

Scope of Order

    For purposes of this investigation, SSWR comprises products that 
are hot-rolled or hot-rolled annealed and/or pickled and/or descaled 
rounds, squares, octagons, hexagons or other shapes, in coils, that may 
also be coated with a lubricant containing copper, lime or oxalate. 
SSWR is made of alloy steels containing, by weight, 1.2 percent or less 
of carbon and 10.5 percent or more of chromium, with or without other 
elements. These products are manufactured only by hot-rolling or hot-
rolling, annealing, and/or pickling and/or descaling, are normally sold 
in coiled form, and are of solid cross-section. The majority of SSWR 
sold in the United States is round in cross-sectional shape, annealed 
and pickled, and later cold-finished into stainless steel wire or 
small-diameter bar.
    The most common size for such products is 5.5 millimeters or 0.217 
inches in diameter, which represents the smallest size that normally is 
produced on a rolling mill and is the size that most wire-drawing 
machines are set up to draw. The range of SSWR sizes normally sold in 
the United States is between 0.20 inches and 1.312 inches diameter. Two 
stainless steel grades, SF20T and K-M35FL, are excluded from the scope 
of the investigation. The chemical makeup for the excluded grades is as 
follows:

SF20T

Carbon--0.05 max
Manganese--2.00 max
Phosphorous--0.05 max
Sulfur--0.15 max
Silicon--1.00 max
Chromium--19.00/21.00
Molybdenum--1.50/2.50
Lead--added (0.10/0.30)
Tellurium--added (0.03 min)

K-M35FL

Carbon--0.015 max
Silicon--0.70/1.00
Manganese--0.40 max
Phosphorous--0.04 max
Sulfur--0.03 max
Nickel--0.30 max
Chromium--12.50/14.00
Lead--0.10/0.30
Aluminum--0.20/0.35
    The products subject to this order are currently classifiable under 
subheadings 7221.00.0005, 7221.00.0015, 7221.00.0030, 7221.00.0045, and 
7221.00.0075 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the merchandise is 
dispositive.

Antidumping Duty Order

    On September 8, 1998, in accordance with section 735(d) of the Act, 
the U.S. International Trade Commission (ITC) notified the Department 
that a U.S. industry is materially injured by reason of imports of 
stainless steel wire rod from Spain, pursuant to section 735(b)(1)(A) 
of the Act. Therefore, in accordance with section 736(a)(1) of the Act, 
the Department will direct the

[[Page 49331]]

United States Customs Service to assess, upon further advice by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the constructed export price of the 
merchandise for all relevant entries of stainless steel wire rod from 
Spain. These antidumping duties will be assessed on all unliquidated 
entries of stainless steel wire rod from Spain entered, or withdrawn 
from warehouse, for consumption on or after March 5, 1998, the date on 
which the Department published its preliminary determination notice in 
the Federal Register (63 FR 10849).
    On or after the date of publication of this notice in the Federal 
Register, U.S. customs officers must require, at the same time as 
importers would normally deposit estimated duties, the cash deposits 
listed below for the subject merchandise. The ``All Others'' rate 
applies to all exporters of stainless steel wire rod not specifically 
listed below.
    The revised final weighted-average margins are as follows:

------------------------------------------------------------------------
                                             Original     Revised  final
     Manufacturer/producer/exporter        final margin       margin    
                                            percentage      percentage  
------------------------------------------------------------------------
Roldan, S.A.............................            4.72            4.73
All Others..............................            4.72            4.73
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
stainless steel wire rod from Spain, pursuant to section 736(a) of the 
Act. Interested parties may contact the Central Records Unit, Room B-
099 of the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: September 10, 1998.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration
[FR Doc. 98-24772 Filed 9-14-98; 8:45 am]
BILLING CODE 3510-DS-P