[Federal Register Volume 63, Number 178 (Tuesday, September 15, 1998)]
[Notices]
[Pages 49332-49334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24775]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-828]
Notice of Amendment of Final Determination of Sales at Less Than
Fair Value and Antidumping Duty Order: Stainless Steel Wire Rod From
Taiwan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 15, 1998.
FOR FURTHER INFORMATION CONTACT: Alexander Amdur, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone: (202) 482-5346.
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 (the
[[Page 49333]]
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, the Department made its final determination that
stainless steel wire rod (SSWR) from Taiwan 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 Taiwan, 63 FR 40461 (July 29, 1998) (final
determination). We disclosed our calculations for the final
determination to counsel for Walsin Cartech Specialty Steel Corporation
(Walsin) and Yieh Hsing Enterprise Corporation, Ltd. (Yieh Hsing) on
July 23, 1998; and to counsel for the petitioners (AL Tech Specialty
Steel Corp., Carpenter Technology Corp., Republic Engineered Steels,
Talley Metals Technology, Inc., and the United Steel Workers of
America, AFL-CIO/CLC), on July 27, 1998.
On August 3, 1998, we received a submission, timely filed pursuant
to 19 CFR 351.224(c)(2), from the petitioners, alleging ministerial
errors pertaining to Walsin's margin calculation in the Department's
final determination. In its submission, the petitioners requested that
these errors be corrected. On August 7, 1998, Walsin submitted comments
on the petitioners' allegations. We did not receive ministerial error
allegations from Walsin or from Yieh Hsing, the other respondent.
After analyzing the petitioner's submission, we have determined, in
accordance with 19 CFR 351.224, that ministerial errors were made in
the margin calculation for Walsin in the final determination.
Specifically, we inadvertently recalculated Walsin's short-term credit
expenses for home market sales based on Walsin's home market gross unit
price, rather than on the gross unit price net of discounts. We also
inadvertently failed to use the lowest per-unit expense reported by
Walsin in its May 13, 1998 submission for inventory carrying costs for
home market sales, as we intended. Furthermore, we also inadvertently
used an incorrect figure as the percent of Walsin's total purchases of
copper from an affiliate, and we did not apply the appropriate
resulting adjustment factors to all of the steel grades that we
intended to adjust. See Memorandum To Holly Kuga From The Team, dated
August 20, 1998, for a detailed discussion of the petitioners'
ministerial errors allegations and the Department's analysis.
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 Taiwan. The revised weighted-average
dumping margins are in the ``Antidumping 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 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 Taiwan, 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 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 export
price or constructed export price of the merchandise for all relevant
entries of stainless steel wire rod from Taiwan. These antidumping
duties will be assessed on all unliquidated entries of stainless steel
wire rod from Taiwan, except those produced and exported by Yieh Hsing,
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 10836).
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, except those produced and
exported by Yieh Hsing. 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 final
Manufacturer/producer/ exporter margin margin
percentage percentage
------------------------------------------------------------------------
Walsin Cartech Specialty Steel Corporation...... 8.24 8.29
Yieh Hsing Enterprise Corporation, Ltd.......... .02 \1\
All Others...................................... 8.24 8.29
------------------------------------------------------------------------
\1\ No revision.
Pursuant to section 735(c)(5)(A) of the Act, the Department has
excluded any de minimis margins from the calculation of the ``All
Others Rate.''
This notice constitutes the antidumping duty order with respect to
[[Page 49334]]
stainless steel wire rod from Taiwan, 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. 98-24775 Filed 9-14-98; 8:45 am]
BILLING CODE 3510-DS-P