[Federal Register Volume 64, Number 141 (Friday, July 23, 1999)]
[Notices]
[Pages 39970-39971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18855]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-122-833]


Amended Preliminary Antidumping Determination: Live Cattle From 
Canada

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

EFFECTIVE DATE: July 23, 1999.

FOR FURTHER INFORMATION CONTACT: Gabriel Adler or Kris Campbell, Office 
of AD/CVD Enforcement 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-1442 
or (202) 482-3813, respectively.

Amendment of Preliminary Determination

    The Department of Commerce (the Department) is amending the 
preliminary determination in the antidumping investigation of live 
cattle from Canada. This amended preliminary determination results in 
revised antidumping rates.
    On June 30, 1999, the Department issued its affirmative preliminary 
determination in this proceeding. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value: Live Cattle from 
Canada, 64 FR 36847 (July 8, 1999). In the preliminary determination, 
we provided notice that we were considering issuing an amended 
preliminary determination based on the following facts:

    Immediately prior to the date of the determination (on June 29th 
and 30th), the respondents filed revised U.S., home market, and cost 
databases. Our initial examination of the information indicates 
that, for at least one company, the antidumping rate calculated 
using such data may differ significantly from the rates listed 
below. We will examine this data further and, if we find that the 
errors corrected result in a rate that differs substantially from 
the rates as calculated for this preliminary determination, we may 
issue an amended preliminary determination for any such company.

Id. at 36848.
    On July 1, 1999, we confirmed that the corrections contained in the 
revised data filed prior to the preliminary determination result in a 
substantial change to the antidumping rate for one company (Schaus). 
This company's June 30th filing corrected a number of errors, found in 
preparing for verification, to the company's U.S., home market, and 
cost databases, including omissions of cost items that had previously 
resulted in significantly understated costs prior to the correction of 
these errors. The company's corrected data results in a change to its 
antidumping rate from 5.43 percent to 15.69 percent.
    On July 12, 1999, Schaus filed a submission indicating that it was 
ceasing its participation in this investigation. In this submission, 
Schaus stated that, ``[f]rom the very beginning of this investigation, 
Schaus has sought to cooperate to the best of its ability'' but that it 
was unable to continue due to resource constraints. See Letter from 
Schaus Land & Cattle Company to the Department, July 12, 1999, at 1-2. 
Schaus also stated its intent to withdraw certain information from the 
record in this investigation, specifying that it wished to withdraw 
``its responses to Sections B, C, and D of the Department's 
questionnaire and its supplemental submissions pertaining to those 
sections.'' Id.
    Given that Schaus declined, subsequent to the preliminary 
determination, to cooperate further in this proceeding, we may 
determine for the final determination that Schaus will be subject to 
the facts available. However, their withdrawal after the preliminary 
determination does not prevent corrections of the preliminary 
determination to accurately reflect the information on the record at 
the time it was made. To do otherwise would allow manipulation of the 
administrative process in a manner that prevents the determination of 
accurate antidumping rates, and would thwart the proper administration 
of the antidumping law. Accordingly, we are implementing the 
corrections referred to in our preliminary determination, based on the 
significant corrections to errors in Schaus's data as provided in its 
June 30th submission. In so doing, we have determined that under these 
facts (i.e., a pre-preliminary correction by the respondent of 
significant errors as acknowledged in the Department's Notice of 
Preliminary Determination, which results in a corrected rate that 
differs substantially from the prior rate, and Schaus's post-
preliminary withdrawal of information), correction of the preliminary 
antidumping duty rate is warranted.
    Therefore, we are amending our preliminary determination to revise 
the antidumping rate for Schaus, along with the corresponding 
correction to the ``all others'' rate, as listed below. Suspension of 
liquidation will be revised accordingly and parties shall be notified 
of this determination, in accordance with sections 733(d) and (f) of 
the Act.

[[Page 39971]]

    The revised weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                          margin
                                                              percentage
------------------------------------------------------------------------
Cor Van Raay...............................................         4.49
Groenenboom................................................         3.90
JGL........................................................         3.94
Pound Maker................................................       * 0.18
Riverside/Grandview........................................         6.81
Schaus.....................................................        15.69
All Others.................................................        5.57
------------------------------------------------------------------------
* de minimis.

    This determination is published pursuant to sections 733(d) and 
777(i)(1) of the Act.

    Dated: July 16, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-18855 Filed 7-22-99; 8:45 am]
BILLING CODE 3510-DS-P