[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