[Federal Register Volume 66, Number 230 (Thursday, November 29, 2001)]
[Notices]
[Pages 59566-59568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29674]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-806]


Notice of Amended Final Antidumping Duty Determination and 
Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products 
From Romania

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

EFFECTIVE DATE: November 29, 2001.

FOR FURTHER INFORMATION CONTACT: Christopher Riker or Charles Riggle, 
Group II, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0186, (202) 482-0650, respectively.

The Applicable Statute and Regulations

    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 (URAA). In addition, unless otherwise 
indicated, all citations to the Department of Commerce (the Department) 
regulations refer to the regulations codified at 19 CFR part 351 
(2000).

Scope of Order

    For purposes of this order, the products covered are certain hot-
rolled carbon steel flat products of a rectangular shape, of a width of 
0.5 inch or greater, neither clad, plated, nor coated with metal and 
whether or not painted, varnished, or coated with plastics or other 
non-metallic substances, in coils (whether or not in successively 
superimposed layers), regardless of thickness, and in straight length, 
of a thickness of less than 4.75 mm and of a width measuring at least 
10 times the thickness. Universal mill plate (i.e., flat-rolled 
products rolled on four faces or in a closed box pass, of a width 
exceeding 150 mm, but not exceeding 1250 mm, and of a thickness of not 
less than 4.0 mm, not in coils and without patterns in relief) of a 
thickness not less than 4.0 mm is not included within the scope of this 
order.
    Specifically included within the scope of this order are vacuum 
degassed, fully stabilized (commonly referred to as interstitial-free 
(IF)) steels, high strength low alloy (HSLA) steels, and the substrate 
for motor lamination steels. IF steels are recognized as low carbon 
steels with micro-alloying levels of elements such as titanium or 
niobium (also commonly referred to as columbium), or both, added to 
stabilize carbon and nitrogen elements. HSLA steels are recognized as 
steels with micro-alloying levels of elements such as chromium, copper, 
niobium, vanadium, and molybdenum. The substrate for motor lamination 
steels contains micro-alloying levels of elements such as silicon and 
aluminum.
    Steel products to be included in the scope of this order, 
regardless of definitions in the Harmonized Tariff Schedule of the 
United States (HTSUS), are products in which: (i) Iron predominates, by 
weight, over each of the other contained elements; (ii) the carbon 
content is 2 percent or less, by weight; and (iii) none of the elements 
listed below exceeds the quantity, by weight, respectively indicated:
     1.80 percent of manganese,
     2.25 percent of silicon,
     1.00 percent of copper,
     0.50 percent of aluminum,
     1.25 percent of chromium,

[[Page 59567]]

     0.30 percent of cobalt,
     0.40 percent of lead,
     1.25 percent of nickel,
     0.30 percent of tungsten,
     0.10 percent of molybdenum,
     0.10 percent of niobium,
     0.15 percent of vanadium or
     0.15 percent of zirconium.
    All products that meet the physical and chemical description 
provided above are within the scope of this order unless otherwise 
excluded. The following products, by way of example, are outside or 
specifically excluded from the scope of this order:
     Alloy hot-rolled steel products in which at least one of 
the chemical elements exceeds those listed above (including, e.g., 
American Society for Testing and Materials (ASTM) specifications A543, 
A387, A514, A517, A506). Society of Automotive Engineers (SAE)/American 
Iron & Steel Institute (AISI) grades of series 2300 and higher.
     Ball bearing steels, as defined in the HTSUS.
     Tool steels, as defined in the HTSUS.
     Silico-manganese (as defined in the HTSUS) or silicon 
electrical steel with a silicon level exceeding 2.25 percent.
     ASTM specifications A710 and A736.
     USS abrasion-resistant steels (USS AR 400, USS AR 500).
     All products (proprietary or otherwise) based on an alloy 
ASTM specification (sample specifications: ASTM A506, A507).
     Non-rectangular shapes, not in coils, which are the result 
of having been processed by cutting or stamping and which have assumed 
the character of articles or products classified outside chapter 72 of 
the HTSUS.
    The merchandise subject to this order is classified in the HTSUS at 
subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00, 
7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60, 
7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60, 
7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30, 
7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90, 
7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00, 
7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00, 
7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30, 
7211.19.75.60, and 7211.19.75.90. Certain hot-rolled carbon steel flat 
products covered by this order, including: vacuum degassed fully 
stabilized; high strength low alloy; and the substrate for motor 
lamination steel may also enter under the following tariff numbers: 
7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00, 
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30, 
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00, 
7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise 
may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 
7212.40.10.00, 7212.40.50.00, and 7212.50.00.00.
    Although the HTSUS subheadings are provided for convenience and 
U.S. Customs purposes, the written description of the merchandise 
subject to this proceeding is dispositive.

Amended Final Determination

    In accordance with section 735(a) of the Act, on September 28, 
2001, the Department published its affirmative final determination of 
the antidumping duty investigation of certain hot-rolled carbon steel 
flat products from Romania (Notice of Final Determination of 
Antidumping Duty Investigation: Certain Hot-Rolled Carbon Steel Flat 
Products from Romania, 66 FR 49625). On October 5 and 9, 2001, we 
received ministerial error allegations, timely filed pursuant to 
Sec. 351.224(c)(2) of the Department's regulations, from the 
respondents \1\ and certain petitioners,\2\ respectively, regarding the 
Department's final margin calculations. On October 10, 2001, we 
received rebuttal comments from these petitioners.
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    \1\ The respondents are Sidex, S.A. (Sidex), Sidex Trading SRL, 
Sidex International Plc (collectively, the Sidex Exporters), 
Metalexportimport S.A. (MEI), Metanef S.A. (Metanef) and Metagrimex 
Business Group S.A. (Metagrimex).
    \2\ These petitioners are Bethlehem Steel Corporation, LTC Steel 
Company, Inc., National Steel Corporation, and United States Steel 
LLC.
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    The respondents alleged that the Department (1) Erred in not using 
the purchase price of sulphuric acid from Bulgaria in its cost of 
production calculations, (2) mistakenly increased electricity 
consumption by almost 30 percent rather than the intended 10 percent, 
and (3) incorrectly assumed that several shipments of raw materials 
were transported by barge when they had in fact been transported by 
train or truck. The petitioners argued that the Department erroneously 
calculated the non-depreciation overhead rate, and failed to apply the 
total overhead rate to certain sales in its margin calculations. The 
petitioners also rebutted the respondents' claim that the Department 
should have used the purchase price of Bulgarian sulphuric acid in its 
cost of production calculation.
    In accordance with section 735(e) of the Act, we have determined 
that ministerial errors were made in our final margin calculation in 
the adjustment of electricity consumption and the application of the 
total overhead rate for certain sales. For a detailed analysis of these 
allegations, and the Department's position, see the October 24, 2001 
Memorandum to Bernard T. Carreau from Charles Riggle, regarding 
Ministerial Error Allegations on file in room B-099 of the Main 
Commerce building (Ministerial Error Memo).
    This determination is based on a re-examination of the calculations 
performed to obtain constructed value and the final dumping margins. We 
determined that all other errors alleged by both parties were 
methodological and not ministerial, as defined in section 735(e) of the 
Act. In addition, we discovered that two factor inputs were mistakenly 
assigned incorrect surrogate freight values based on incorrect freight 
distances. We have determined that these errors also meet the 
definition of a ministerial error. For a more detailed analysis, see 
the Ministerial Error Memo. We notified the U.S. International Trade 
Commission (ITC) of the changes in the margins resulting from the 
Department's corrections of its ministerial errors on October 26, 2001.
    On November 13, 2001, in accordance with section 735(d) of the Act, 
the ITC notified the Department that a U.S. industry is materially 
injured within the meaning of section 735(b)(1)(A) of the Act by reason 
of imports of certain hot-rolled carbon steel flat products from 
Romania.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct the United States Customs Service (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 or constructed export price of the merchandise 
for all relevant entries of certain hot-rolled carbon steel flat 
products from Romania. These antidumping duties will be assessed on all 
unliquidated entries of imports of the subject merchandise that are 
entered, or withdrawn from warehouse, for consumption on or after May 
3, 2001, the date of publication of the preliminary determination in 
the Federal Register.
    On or after the date of publication of this notice in the Federal 
Register, U.S. Customs officers must require, at the same time as 
importers would normally deposit estimated duties, cash deposits for 
the subject merchandise equal to the

[[Page 59568]]

estimated weighted-average dumping margins listed below.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              percentage
------------------------------------------------------------------------
Sidex Trading, SRL & Sidex International, Plc..............        16.34
Metanef, S.A...............................................        21.59
Metagrimex, S.A............................................        16.29
Metalexportimport,S.A......................................        18.04
Romania-Wide...............................................        88.62
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
certain hot-rolled carbon steel flat products from Romania, pursuant to 
section 736(a) of the Act. Interested parties may contact the 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 issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211.

    Dated: November 20, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-29674 Filed 11-28-01; 8:45 am]
BILLING CODE 3510-DS-P