[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Notices]
[Pages 11553-11555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4663]


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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 
Not 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 Not to Revoke in Part.

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SUMMARY: We are amending our final results of the 1998-99 
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 Not to Revoke in Part, 
published on January 16, 2001 (66 FR 3543), to reflect the correction 
of ministerial errors made in the final results for corrosion resistant 
carbon steel flat products. We are publishing this amendment to the 
final results in accordance with 19 CFR part 351 (1999).

EFFECTIVE DATE: February 26, 2001.

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Abdelali Elouaradia, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington DC 20230; telephone (202) 482-0197 and (202) 482-1374, 
respectively.

SUPPLEMENTARY INFORMATION:

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 (1999).

Background

    On September 8, 2000, the Department of Commerce (the Department) 
published in the Federal Register (65 FR 54481) the preliminary results 
of its 1998-99 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. The Department published the 
final results of review on January 16, 2001 (66 FR 3543).
    On January 16, 2001, we received timely allegations from 
petitioners (Bethlehem Steel Corporation, U.S. Steel Group (a unit of 
USX Corporation), Inland Steel Industries, Inc., AK Steel Corporation, 
LTV Steel Co., Inc. and National) that the Department made ministerial 
errors in the final results of reviews regarding Continuous Colour 
Coat, Ltd (CCC). Respondents did not submit any comments in reply to 
these ministerial error allegations.

[[Page 11554]]

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 
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

CCC

    Comment 1: Petitioners allege that, for CCC, the Department did not 
include indirect selling expenses in the home market, as reported by 
CCC in its questionnaire response, in its calculation of total cost of 
production and constructed value (CV).
    Department's Position: In its calculations the Department had 
intended to include indirect selling expenses in the calculation of 
total cost of production and of CV. This omission constitutes a 
ministerial error in accordance with section 351.224(f) of the 
Department's regulations. Accordingly, for these amended final results, 
we have corrected this error by including the reported indirect selling 
expenses in our calculations of total cost of production and CV in our 
model match program.
    Comment 2: Petitioners state that, for CCC, the Department 
incorrectly subtracted packing expenses in its calculations of net 
price, for cost test purposes, because packing expenses are included in 
the total cost of production. Moreover, petitioners assert that to make 
a proper cost to price comparison, packing expenses have to be included 
in both calculations. Finally, petitioners argue that the Department 
also failed to subtract the movement expenses from the gross unit 
price.
    Department's Position: We agree with petitioners on both issues. We 
incorrectly subtracted CCC's packing expenses, instead of movement 
expenses, from gross unit price to arrive at a net price for cost 
comparison. For these amended final results, we have corrected the 
ministerial errors by only subtracting movement expenses to arrive at a 
gross unit price, for cost comparison purposes, inclusive of packing.
    As a result of these corrections, the margin for corrosion-
resistant carbon steel flat products from Canada for CCC has changed 
from 1.81 percent to 2.11 percent.

Amended Final Results of Review

    Upon review of the submitted allegations, the Department has 
determined that the following margins exist for the period August 1, 
1998, through July 31, 1999:

[[Page 11555]]



------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Certain Corrosion-Resistant Carbon Steel Flat Products:
    Continous Colour Coat, Ltd.............................         2.11
    Dofasco Inc. and Sorevco Inc...........................         0.51
Certain Cut-to-Length Carbon Steel Plate:
    Clayson Steel Co.......................................         0.27
    Gerdau MRM Steel Co....................................         0.00
    Metaux Russel Inc......................................        68.70
------------------------------------------------------------------------

    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 amended 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 rate 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.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and (a)(2)(A) of the Act (19 U.S.C. 
1675(a)) and 19 CFR 351.213 and 19 CFR 351.221(b)(5). Effective January 
20, 2001, Bernard T. Carreau is fulfilling the duties of the Assistant 
Secretary for Import Administration.

    Dated: February 16, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 01-4663 Filed 2-23-01; 8:45 am]
BILLING CODE 3510-DS-P