[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Notices]
[Pages 47169-47170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22462]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-427-811]


Certain Stainless Steel Wire Rods From France: Amended Final 
Results of Antidumping Duty Administrative Review

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

EFFECTIVE DATE: August 30, 1999.

FOR FURTHER INFORMATION CONTACT: Robert Bolling or Rick Johnson, AD/CVD 
Enforcement Group III, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3434 or (202) 482-3818, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Review

    The products covered by this administrative review are certain 
stainless steel wire rods (SSWR), products which are hot-rolled or hot-
rolled annealed, and/or pickled rounds, squares, octagons, hexagons, or 
other shapes, in coils. SSWR are 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 only 
manufactured by hot-rolling, 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. The most 
common size is 5.5 millimeters in diameter.
    The SSWR subject to this review is currently classifiable under 
subheadings 7221.00.0005, 7221.00.0015, 7221.00.0020, 7221.00.0030, 
7221.00.0040, 7221.00.0045, 7221.00.0060, 7221.00.0075, and 
7221.00.0080 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and Customs purposes, our written description of the scope of the order 
is dispositive.

Amendment of Final Results

    On August 28, 1998, the Department of Commerce (the Department) 
published the amended final results of the administrative review of the 
antidumping duty order on certain stainless steel wire rods from France 
(63 FR 45998). This review covered Imphy S.A., and Ugine-Savoie, two 
manufacturers/exporters of the subject merchandise to the United 
States. The period of review (POR) is January 1, 1996, through December 
31, 1996.
    On September 14, 1998, counsel for the petitioning companies, Al 
Tech Specialty Steel Corp., Armco Stainless & Alloy Products, Carpenter 
Technology Corp., Republic Engineered Steels, Talley Metals Technology, 
Inc., United Steelworkers of America, and AFL-CIO/CLC (collectively 
``petitioners'') filed an allegation of a clerical error in a timely 
fashion.
    Petitioners allege that the Department failed to correct a 
ministerial error with respect to the calculation of home market credit 
expenses when the payment date was missing. Petitioners state that the 
Department's amended final program continues to result in an abnormally 
high imputed credit expenses that result in negative home market prices 
for certain sales. Petitioners state that they informed the Department 
of this clerical error in their July 8, 1998 clerical error letter. 
However, according to petitioners, in issuing its amended final results 
the Department did not provide a reason for not amending the program 
for this clerical error, but stated only that ``petitioners have failed 
to point to any specific programming language which is in error, and 
the mere allegation that certain calculated expenses are too high is 
insufficient for finding a ministerial error.'' See Amended Final 
Results of Antidumping Duty Administrative Review, Certain Stainless 
Steel Wire Rods from France; 63 FR 45999, (August 28, 1998). 
Petitioners acknowledge that they did not provide exact programming 
language nor locate the exact cause of the alleged clerical error at 
the time of their original clerical errors comments were filed, 
although petitioners did propose on June 8 that the Department rely on 
respondents' submitted information for credit expenses. Petitioners 
argue that ignoring a clerical error simple because they did not 
identify the programming error within the provided time frame is unfair 
and unlawful. Nevertheless, petitioners have now identify the error, 
and request that the Department correct this clerical error. 
Respondents did not comment on this issue.
    After a review of petitioners' allegation, we agree with 
petitioners that a clerical error was made in the calculation of home 
market credit expense in the amended final results. We have corrected 
our calculation of home market credit expense when the

[[Page 47170]]

pay date is missing in our model match program. For the computer code 
we used to correct this ministerial error, please see the Memorandum 
from Robert A. Bolling to Edward Yang dated April 19, 1999 (``Amended 
Final Calculation Memorandum''), a public version of which is available 
in the Central Records Unit, Room B-099 of the Department of Commerce 
building, 14th Street and Constitution Ave, NW, Washington, DC.

Amended Final Results of Review

    As a result of our review and the correction of the ministerial 
errors described above, we have determined that the following margin 
exists:

------------------------------------------------------------------------
                                                                Margin
          Manufacturer/Exporter              Time period      (percent)
------------------------------------------------------------------------
Imphy/Ugine-Savoie......................    1/1/96-12/31/96         7.19
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. Individual 
differences between United States price and normal value may vary from 
the percentages stated above. This Department will issue appraisement 
instructions directly to the Customs Service. The amended final results 
of this review shall be the basis for the assessment of antidumping 
duties on entries of merchandise covered by this review. For duty 
assessment purposes, we calculated an importer-specific assessment rate 
by aggregating the dumping margins calculated for all U.S. sales to 
each importer and dividing this amount by the total value of subject 
merchandise entered during the POR for each importer.
    Furthermore, the following deposit requirements will be effective, 
upon publication of this notice of amended final results of review for 
all shipments of certain stainless steel wire rods from France entered, 
or withdrawn from warehouse, for consumption on or after the 
publication date, as provided for by section 751(a)(1) of the Act: (1) 
The cash deposit rates for the reviewed companies will be the rates for 
those firms as stated above; (2) for previously investigated companies 
not listed above, 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, or the original 
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 24.51 percent for 
stainless steel wire rods, the all others rate established in the LTFV 
investigations. See Amended Final Determination and Antidumping Duty 
Order: Certain Stainless Steel Wire Rods from France, (59 FR 4022, 
January 28, 1994).
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 353.26 to file a certificate regarding the 
reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 353.34(d) of the Department's 
regulations. Timely notification of return/destruction of APO materials 
or conversion to judicial protective order is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

    Dated: August 19, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-22462 Filed 8-27-99; 8:45 am]
BILLING CODE 3510-DS-P