[Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
[Notices]
[Pages 7622-7624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3693]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-122-822, A-122-823]


Certain Corrosion-Resistant Carbon Steel Flat Products and 
Certain Cut-to-Length Carbon Steel Plate From Canada: Amended Final 
Results of Antidumping Duty Administrative Reviews and Determination to 
Revoke in Part

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

ACTION: Notice of Amended Final Results of the Antidumping Duty 
Administrative Review of Certain Corrosion-Resistant Carbon Steel Flat 
Products and Certain Cut-to-Length Carbon Steel Plate From Canada and 
Determination to Revoke in Part.

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SUMMARY: We are amending our final results of the 1996-97 
administrative reviews of the antidumping duty orders on Certain 
Corrosion Resistant Carbon Steel Products and Certain Cut-to-Length 
Carbon Steel Plate From Canada and Determination to Revoke in Part, 
published on January 13, 1999 (64 FR 2173), to reflect the correction 
of ministerial errors made in the model match and margin calculation in 
the final results for corrosion resistant carbon flat products, and in 
the Final Results of Review section of the notice for plate. We are 
publishing this amendment to the final results in accordance with 19 
CFR 353.28(c).

EFFECTIVE DATE: February 16, 1999.

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Maureen Flannery, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington DC 
20230; telephone (202) 482-0197 or (202) 482-3020, respectively.

Applicable Statute

    Unless otherwise stated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to 19 CFR 
part 351 (1998).

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 1998, the Department of Commerce (the Department) 
published the preliminary results of its 1996-97 administrative reviews 
of the antidumping duty orders on certain corrosion-resistant carbon 
steel flat products and certain cut-to-length carbon steel plate from 
Canada. We published the final results of review on January 13, 1999 
(64 FR 2173). On January 22, 1999, we received a timely allegation from 
petitioners (Bethlehem Steel Corporation, U.S. Steel Group (a unit of 
USX Corporation), Inland Steel Industries, Inc., Gulf States Steel Inc. 
of Alabama, Sharon Steel Corporation, Geneva Steel, and Lukens Steel 
Company) that the Department made ministerial errors in the final 
results. On January 27, 1998, respondent, Dofasco, Inc. and Sorevco, 
Inc. (collectively Dofasco), filed a response to petitioners' comments 
on ministerial errors.

Scope of Review

    The products covered by these administrative reviews constitute two 
separate ``classes or kinds'' of merchandise: (1) certain corrosion-
resistant carbon steel flat products, and (2) certain cut-to-length 
carbon steel plate.
    The first class or kind, certain corrosion-resistant steel, 
includes flat-rolled carbon steel products, of rectangular shape, 
either clad, plated, or coated with corrosion-resistant metals such as 
zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, 
whether or not corrugated or painted, varnished or coated with plastics 
or other nonmetallic substances in addition to the metallic coating, in 
coils (whether or not in successively superimposed layers) and of a 
width of 0.5 inch or greater, or in straight lengths which, if of a 
thickness less than 4.75 millimeters, are of a width of 0.5 inch or 
greater and which measures at least 10 times the thickness or if of a 
thickness of 4.75 millimeters or more are of a width which exceeds 150 
millimeters and measures at least twice the thickness, as currently 
classifiable in the Harmonized Tariff Schedule (HTS) under item numbers 
7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0090, 
7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 
7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 
7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 
7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 
7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 
7217.90.5060, and 7217.90.5090. Included in this review are corrosion-
resistant flat-rolled products of non-rectangular cross-section where 
such cross-section is achieved subsequent to the rolling process (i.e., 
products which have been ``worked after rolling'')--for example, 
products which have been beveled or rounded at the edges. Excluded from 
this review are flat-rolled steel products either plated or coated with 
tin, lead, chromium, chromium oxides, both tin and lead (``terne 
plate''), or both chromium and chromium oxides (``tin-free steel''), 
whether or not painted, varnished or coated with plastics or other 
nonmetallic substances in addition to the metallic coating. Also 
excluded from this review are clad products in straight lengths of 
0.1875 inch or more in composite thickness and of a width which exceeds 
150 millimeters and measures at least twice the thickness. Also 
excluded from this review are certain clad stainless flat-rolled 
products, which are three-layered corrosion-resistant carbon steel 
flat-rolled products less than 4.75 millimeters in composite thickness 
that consist of a carbon steel flat-rolled product clad on both sides 
with stainless steel in a 20%-60%-20% ratio.
    The second class or kind, certain cut-to-length plate, includes 
hot-rolled carbon steel universal mill plates (i.e., flat-rolled 
products rolled on four faces or in a closed box pass, of a width 
exceeding 150 millimeters but not exceeding 1,250 millimeters and of a 
thickness of not less than 4 millimeters, not in coils and without 
patterns in relief), of rectangular shape, neither clad, plated nor 
coated with metal, whether or not painted, varnished, or coated with 
plastics or other nonmetallic substances; and certain hot-rolled carbon 
steel flat-rolled products in straight lengths, of rectangular shape, 
hot rolled, neither clad, plated, nor coated with metal, whether or not

[[Page 7623]]

painted, varnished, or coated with plastics or other nonmetallic 
substances, 4.75 millimeters or more in thickness and of a width which 
exceeds 150 millimeters and measures at least twice the thickness, as 
currently classifiable in the HTS under item numbers 7208.40.3030, 
7208.40.3060, and 7208.51.0030, 7208.51.0045, 7208.51.0060, 
7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 
7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 
7212.40.5000, 7212.50.0000. Included in this review are flat-rolled 
products of non-rectangular cross-section where such cross-section is 
achieved subsequent to the rolling process (i.e., products which have 
been ``worked after rolling'')--for example, products which have been 
beveled or rounded at the edges. Excluded from this review is grade X-
70 plate. Also excluded is cut-to-length carbon steel plate meeting the 
following criteria: (1) 100% dry steel plates, virgin steel, no scrap 
content (free of Cobalt-60 and other radioactive nuclides); (2) .290 
inches maximum thickness, plus 0.0, minus .030 inches; (3) 48.00 inch 
wide, plus .05, minus 0.0 inches; (4) 10 foot lengths, plus 0.5, minus 
0.0 inches; (5) flatness, plus/minus 0.5 inch over 10 feet; (6) AISI 
1006; (7) tension leveled; (8) pickled and oiled; and (9) carbon 
content, 0.3 to 0.8 (maximum).
    With respect to both classes or kinds, the HTS item numbers are 
provided for convenience and Customs purposes. The written description 
remains dispositive of the scope of these reviews.

Amended Final Results

    On January 22, 1999, petitioners alleged that the Department made 
ministerial errors in calculating the final antidumping duty margin 
with respect to Dofasco, one of the respondents in the review of 
corrosion-resistant steel. Petitioners alleged that the fields 
referenced in certain lines of the model match section of the program 
do not correspond to the fields established earlier in the program to 
weight the various reduction processes. We agree that we did not use 
the proper values for the weights for the reduction process, to 
coincide with the reporting requirements reflected in the Department's 
letter to respondent of November 7, 1997. We have amended the final 
results by replacing the incorrect values of the weights with the 
correct ones.
    We also agree with petitioners that we incorrectly calculated the 
total U.S. direct selling expenses before we calculated a revised U.S. 
credit expense in the margin calculation program. Dofasco commented 
that petitioners failed to take into consideration the currency 
conversion calculation in their proposed language for the credit 
expense calculation. We have moved the revised credit expense 
calculation so that the revised credit expenses will be included in the 
calculation of the U.S. direct selling expenses. We further agree with 
petitioner that the program did not adjust for missing values in the 
actual payment days field. We have changed the language in the margin 
program to include the missing values. We also agree with Dofasco's 
comment, however, and our credit calculation reflects currency 
conversion. As a result of these corrections, the margin for corrosion-
resistant carbon steel flat products from Canada for Dofasco has 
changed from 0.98 percent to 1.00 percent. No other margins were 
affected.
    We also note that the Department inadvertently included Stelco Inc. 
(Stelco) in its language concerning the revocation of the antidumping 
duty order on certain cut-to-length carbon steel plate from Canada in 
the Final Results of the Review section of the final results notice. As 
clearly outlined in the section Determination Not to Revoke in Part: 
Stelco Cut-to-Length Carbon Steel Plate and Corrosion-Resistant Steel 
Flat Products, and Determination to Revoke in Part: Algoma Cut-To-
Length Carbon Steel Plate, and our response to petitioners' comment 2, 
we are not revoking the order in part with respect to Stelco.

Amended Final Results of Review

    Upon review of the submitted allegation, the Department has 
determined that the following margins exist for the period August 1, 
1996, through July 31, 1997:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Corrosion Resistant Steel:
  Dofasco..................................................         1.00
  CCC......................................................         2.26
  Stelco...................................................         2.73
Cut-to-Length Plate:
  Algoma...................................................        *0.23
  MRM......................................................         0.00
  Stelco...................................................         0.00
  Forsyth..................................................       68.70
------------------------------------------------------------------------
*De minimis.

    The Department will determine, and the U.S. Customs Service shall 
assess, antidumping duties on all appropriate entries. For assessment 
purposes, we have calculated importer-specific ad valorem duty 
assessment rates for the merchandise based on the ratio of the total 
amount of antidumping duties calculated for the examined sales to the 
total quantity of sales examined. The Department will issue 
appraisement instructions directly to the Customs Service.
    Furthermore, the following deposit requirements will be effective 
upon publication of these final results for all shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date as provided by section 
751(a)(1) of the Act: (1) The cash deposit rate for each reviewed 
company will be the rates stated above (except that no deposit will be 
required for firms with zero or de minimis margins, i.e., margins less 
than 0.5 percent); (2) for exporters not covered in this review, but 
covered in the less-than-fair-value (LTFV) investigation or a previous 
review, the cash deposit rate will continue to be the company-specific 
rate published for the most recent period; (3) if the exporter is not a 
firm covered in this review, a previous review, or the original LTFV 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be the ``all others'' rates 
established in the LTFV investigations, which were 18.71 percent for 
corrosion-resistant steel products and 61.88 percent for plate (see 
Amended Final Determination of Sales at Less than Fair Value and Anti-
Dumping Orders: Certain Corrosion Resistant Carbon Steel Flat Products 
and Certain Cut-to-Length Carbon Steel Plate from Canada, 60 FR 49582 
(September 26, 1995)). These deposit requirements, when imposed, shall 
remain in effect until publication of the final results of the next 
administrative reviews.
    We are revoking the antidumping duty order on certain cut-to-length 
carbon steel plate from Canada with respect to Algoma, in accordance 
with section 751(d) of the Act and 19 CFR 353.25(a)(2). In accordance 
with 19 CFR 351.222(f)(3), this revocation applies to all entries of 
the subject merchandise from Canada entered, or withdrawn from 
warehouse, for consumption on or after August 1, 1997. This date is a 
correction from the date stated in our notice of final results. The 
Department will order the suspension of liquidation ended for all such 
entries and will instruct the Customs Service to release any bonds and 
refund with interest any cash deposits on entries made on or after 
August 1, 1997.

[[Page 7624]]

    These administrative reviews and this notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1) and 19 CFR 351.213 
and 19 CFR 351.221(b)(5).

    Date: February 4, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-3693 Filed 2-12-99; 8:45 am]
BILLING CODE 3510-DS-P