[Federal Register Volume 66, Number 163 (Wednesday, August 22, 2001)]
[Notices]
[Pages 44114-44115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21181]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-816]


Certain Cut-To-Length Carbon Steel Plate From Germany; Amended 
Final Results of Antidumping Duty Administrative Review in Accordance 
with Court Decision

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

ACTION: Notice of Amended Final Results of Antidumping Duty 
Administrative Review in accordance with Court Decision.

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SUMMARY: On August 25, 2000, the United States Court of Appeals for the 
Federal Circuit (``CAFC''), reversed and remanded a decision by the 
Court of International Trade (``CIT'') which arose from the Department 
of Commerce (``Commerce'') determination on the administrative review 
of certain cut-to-length carbon steel plate from Germany. See U.S. 
Steel Group v. United States, 15 F. Supp. 2d. 892, 898 (CIT 1998) (``US 
Steel Group''). As there is now a final and conclusive court decision 
in this segment, we are amending the final results of reviews in this 
matter and will instruct the U.S. Customs Service to liquidate entries 
subject to these amended final results.

EFFECTIVE DATE: August 21, 2001.

FOR FURTHER INFORMATION CONTACT: Robert Bolling or Alex Villanueva, 
Antidumping/Countervailing Duty Enforcement, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington DC 20230; telephone 
(202) 482-3434 and (202) 482-6412, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 15, 1997, the Department published its final results of 
the administrative review of certain cut-to-length carbon steel plate 
from Germany for one German exporter, AG DER Dillinger Huttenwerke 
(``Dillinger''). See Certain Cut-To-Length Carbon Steel Plate from 
Germany; Final Results of Antidumping Administrative Review, 62 FR 
18395 (April 15, 1997) (``Final Results''). In these final results, the 
Department included movement expenses in ``total expenses'' used to 
calculate CEP profit ratios. See Final Results.
    On July 7, 1998, the CIT sustained the domestic producer's 
challenge that movement expenses should not be included in total 
expenses. On July 7, 1998, the CIT issued an order, instructing 
Commerce to exclude movement expenses in computing ``total expenses.'' 
See US Steel Group 15 F. Supp. 2d. at 892. On September 8, 1998, 
Commerce submitted its recalculated results consistent with the remand 
order to the CIT. In addition, in response to the CIT's remand order, 
we recalculated commissions and declined to retain in the COMMISU 
variable any portion of the intra-company commissions (i.e., excluded 
from COMMISU the amount representing payment from Dillinger to Daval).
    On November 6, 1998 the CIT affirmed the remand. See U.S. Steel 
Group v. United States, No. 97-05-00866, 1998 WL 782011 (CIT) (November 
6, 1998).
    On August 25, 2000, however, the CAFC overturned the CIT's decision 
and upheld the initial determination of the Department, which stated 
that movement expenses should be included in ``total expenses.'' See 
U.S. Steel Group v. United States, Court No. 99-1342 (CAFC August 25, 
2000). On February 22, 2001, the CIT issued an order directing Commerce 
to recalculate Dillinger's CEP profit ratios to include movement 
expenses as part of total expenses. At the same time, the CIT dismissed 
the case.
    We are therefore amending our final results of review for the 
period August 1, 1994 through July 31, 1995. We have recalculated the 
margin for Dillinger. The revised weighted average margin is as 
follows:

------------------------------------------------------------------------
           Manufacturer/exporter                  Margin  [percent]
------------------------------------------------------------------------
Dillinger.................................  0.16 (De minimis)
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    The Department shall determine, and the U.S. Customs Service 
(``Customs'') shall assess, antidumping duties on all

[[Page 44115]]

appropriate entries. In accordance with 19 CFR 351.212(b), we have 
calculated importer-specific assessment rates. With respect to the 
constructed export price sales, we divided the total dumping margins 
for the reviewed sales by the total entered value of those reviewed 
sales for each importer. We will direct Customs to assess any resulting 
non-de minimis percentage margins against the entered Customs values 
for the subject merchandise on each of that importer's entries during 
the review period.
    The Department's decision applies to all entries of merchandise 
subject to this review, or withdrawn from warehouse, for consumption on 
or after August 1, 1994 and before July 31, 1995. The Department will 
order the suspension of liquidation ended for all such entries and will 
instruct Customs to release any cash deposits or bonds.
    For assessment purposes, we have calculated importer-specific duty 
assessment rates for each class or kind of 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 instruct Customs to liquidate without regard to antidumping duty 
rates. The above rate will not affect Dillinger's cash deposit rate 
currently in effect, which continues to be based on the margins found 
to exist in the most recently completed review.
    This notice is published in accordance with section 751(a)(1) of 
the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 351.221.

    Dated: August 14, 2001.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 01-21181 Filed 8-21-01; 8:45 am]
BILLING CODE 3510-DS-P