[Federal Register Volume 66, Number 180 (Monday, September 17, 2001)]
[Notices]
[Pages 48025-48026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23174]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-862]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Foundry Coke Products From The 
People's Republic of China

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

ACTION: Notice of antidumping duty order and amendment to final 
determination.

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EFFECTIVE DATE: September 17, 2001.

FOR FURTHER INFORMATION CONTACT: Doreen Chen, Alex Villanueva, Marlene 
Hewitt, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0193, 482-6412, 482-1385, 
respectively.

The Applicable Statute

    Unless otherwise indicated, 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. In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
regulations at 19 CFR part 351 (April 2000).

Scope of Investigation

    For purposes of this investigation, the product covered is coke 
larger than 100 mm (4 inches) in maximum diameter and at least 50 
percent of which is retained on a 100-mm (4 inch) sieve, of a kind used 
in foundries.
    The foundry coke products subject to this investigation were 
classifiable under subheading 2704.00.00.10 (as of Jan. 1, 2000) and 
are currently classifiable under subheading 2704.00.00.11 (as of July 
1, 2000) 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 this investigation is dispositive.

Antidumping Duty Order

    In accordance with section 735(a) of the Tariff Act, the Department 
made its final determination that foundry coke from the People's 
Republic of China (``PRC'') is being sold at less than fair value. See 
Notice of Final Determination of Sales at Less Than Fair Value: Foundry 
Coke Products from the People's Republic of China (``PRC'') (``Foundry 
Coke Final''), 66 FR 39487 (July 31, 2001). We received ministerial 
error allegations from respondents and upon consideration of these 
allegations, we issued an Amended Final Determination. See Notice of 
Amended Final Determination of Sales at Less Than Fair Value: Foundry 
Coke from the PRC (``Foundry Coke Amended Final''), 66 FR 45962 (August 
31, 2001).
    On August 30, 2001, CITIC Trading Co., Ltd (``CITIC''), an exporter 
of the

[[Page 48026]]

merchandise subject to the above-referenced investigation, submitted a 
ministerial error allegation with respect to the Foundry Coke Amended 
Final. Respondent argued that in calculating the margin, the Department 
arrived at an incorrect total U.S. price. According to the respondent, 
the Department used the U.S. price for only the first shipment when 
calculating the total U.S. price. Moreover, the respondent argued that 
the Department should have calculated the total price on a weighted-
average of both the first and second shipments. We did not receive 
comments on the respondent's ministerial error allegation of August 30, 
2001, from any other interested parties. We agree with the respondent 
that the Department did not reference the correct U.S. price when 
calculating the margin and should have used the weighted-average U.S. 
price when calculating the total U.S. price. Accordingly, we have 
revised the margin calculation program using the appropriate weighted-
average U.S. price between both shipments. See Analysis Memo for the 
Amended Final Determination of the Antidumping Duty Investigation of 
Foundry Coke Products from the PRC: CITIC, August 31, 2001 at 2.
    On September 5, 2001, in accordance with section 735(d) of the Act, 
the International Trade Commission (``the Commission'') notified the 
Department of its final determination pursuant to section 
735(b)(1)(A)(e) of the Tariff Act that an industry in the United States 
is materially injured by reason of less-than-fair-value imports of 
subject merchandise from the PRC. Therefore, in accordance with section 
736(a)(1) of the Act, the Department will direct U.S. Customs to 
assess, upon further advice by the Department, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price of the merchandise for all relevant entries of foundry 
coke from the PRC. These antidumping duties will be assessed on all 
unliquidated entries of foundry coke form the PRC entered, or withdrawn 
from the warehouse, for consumption on or after March 8, 2001, the date 
on which the Department published its Notice of Preliminary 
Determination of Sales at Less Than Fair Value: Foundry Coke From the 
People's Republic of China. (66 FR 13885). On of after that date, 
Customs must require, at the same time as importers would normally 
deposit estimated duties on this merchandise, a cash deposit equal to 
the estimated weighted-average antidumping duty margins as noted below. 
The ``All Others'' rates apply to all exporters of subject merchandise 
not specifically listed. The weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Weighted
                                                               average/
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Shanxi Dajin International (Group) Co. Ltd.................       101.62
Sinochem International Co., Ltd............................       105.91
Minmetals Townlord Technology Co. Ltd......................        75.58
CITIC Trading Company, Ltd.................................        48.55
PRC-Wide Rate..............................................       214.89
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
foundry coke from the PRC. Interested parties may contact the 
Department's Central Records Unit, Room B-099 of the main Commerce 
building, for copies of an updated list of antidumping duty orders 
currently in effect.
    This order is published in accordance with section 736(a) of the 
Act.

    Dated: September 10, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-23174 Filed 9-14-01; 8:45 am]
BILLING CODE 3510-DS-P