[Federal Register Volume 67, Number 36 (Friday, February 22, 2002)]
[Notices]
[Pages 8228-8229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4267]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-829]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Bar From Italy

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

ACTION: Notice of Amended Final Determination of Sales at Less Than 
Fair Value.

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EFFECTIVE DATES: February 22, 2002.

FOR FURTHER INFORMATION CONTACT: Jarrod Goldfeder, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-0189.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of Commerce 
(``Department'') regulations are to 19 CFR part 351 (April 2000).

Scope of the Investigation

    For purposes of this investigation, the term ``stainless steel 
bar'' includes articles of stainless steel in straight lengths that 
have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or 
otherwise cold-finished, or ground, having a uniform solid cross 
section along their whole length in the shape of circles, segments of 
circles, ovals, rectangles (including squares), triangles, hexagons, 
octagons, or other convex polygons. Stainless steel bar includes cold-
finished stainless steel bars that are turned or ground in straight 
lengths, whether produced from hot-rolled bar or from straightened and 
cut rod or wire, and reinforcing bars that have indentations, ribs, 
grooves, or other deformations produced during the rolling process.
    Except as specified above, the term does not include stainless 
steel semi-finished products, cut length flat-rolled products (i.e., 
cut length rolled products which if less than 4.75 mm in thickness have 
a width measuring at least 10 times the thickness, or if 4.75 mm or 
more in thickness having a width which exceeds 150 mm and measures at 
least twice the thickness), products that have been cut from stainless 
steel sheet, strip or plate, wire (i.e., cold-formed products in coils, 
of any uniform solid cross section along their whole length, which do 
not conform to the definition of flat-rolled products), and angles, 
shapes and sections.
    The stainless steel bar subject to this investigation is currently 
classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 
7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 
7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of 
the United States (``HTSUS''). Although the HTSUS subheadings are 
provided for

[[Page 8229]]

convenience and customs purposes, the written description of the scope 
of this investigation is dispositive.

Amended Final Determination

    On January 15, 2002, the Department determined that stainless steel 
bar from Italy is being, or is likely to be, sold in the United States 
at less than fair value (``LTFV''), as provided in section 735(a) of 
the Act. See Notice of Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Bar from Italy, 67 FR 3155 (January 23, 2002) 
(``SSB Italy Final Determination''). On January 22, 2002, we received 
ministerial error allegations, timely filed pursuant to 19 CFR 
351.224(c)(2), from Rodacciai S.p.A. (``Rodacciai'') regarding the 
Department's final margin calculations. Rodacciai requested that we 
correct the errors and publish a notice of amended final determination 
in the Federal Register, pursuant to 19 CFR 351.224(e). Rodacciai's 
submission alleges that the Department inadvertently used the ``date of 
sale'' variable rather than the ``date of shipment'' variable when 
recalculating U.S. credit expenses.
    The petitioners in this proceeding did not submit any comments on 
Rodacciai's ministerial error allegation.
    In accordance with section 735(e) of the Act, we have determined 
that a ministerial error in the calculation of Rodacciai's U.S. credit 
expenses was made in our final margin calculations. For a detailed 
discussion of the above-cited ministerial error allegation and the 
Department's analysis, see Memorandum to Richard W. Moreland, 
``Allegation of Ministerial Error; Final Determination in the 
Antidumping Duty Investigation of Stainless Steel Bar from Italy'' 
dated February 14, 2002, which is on file in room B-099 of the main 
Commerce building.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of the antidumping duty investigation of 
stainless steel bar from Italy to correct this ministerial error. The 
revised final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                              Revised
                                             Original        weighted-
          Exporter/manufacturer              weighted-    average margin
                                          average margin      average
                                            percentage      percentage
------------------------------------------------------------------------
Acciaierie Valbruna Srl/Acciaierie                  2.50            2.50
 Bolzano S.p.A..........................
Acciaiera Foroni SpA....................            7.07            7.07
Trafilerie Bedini, Srl..................            1.70            1.70
Rodacciai S.p.A.........................            5.89            3.83
Cogne Acciai Speciali Srl...............           33.00           33.00
All Others..............................            3.81            3.81
------------------------------------------------------------------------
* Pursuant to 19 CFR 351.204(d)(3), we have excluded rates calculated
  for voluntary respondents (i.e., Rodacciai and Trafilerie Bedini, Srl)
  from the calculation of the all-others rate under section 735(c)(5) of
  the Act.
** Pursuant to section 735(c)(5)(A), we have excluded from the
  calculation of the all-others rate margins which are zero or de
  minimis, or determined entirely on facts available.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the U.S. Customs Service (``Customs'') to continue to suspend 
liquidation of all imports of stainless steel bar from Italy, except 
for subject merchandise produced by Bedini (which has a de minimis 
weighted-average margin). Customs shall require a cash deposit or the 
posting of a bond equal to the weighted-average amount by which the 
normal value exceeds the export price or constructed export price, as 
appropriate, as indicated in the chart above. These suspension of 
liquidation instructions will remain in effect until further notice.

ITC Notification

    In accordance with section 735(d) of the Tariff Act, we have 
notified the International Trade Commission of our amended final 
determination.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: February 14, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-4267 Filed 2-21-02; 8:45 am]
BILLING CODE 3510-DS-P