[Federal Register Volume 67, Number 45 (Thursday, March 7, 2002)]
[Notices]
[Pages 10382-10384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5645]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-830]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Stainless Steel Bar From Germany

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

ACTION: Notice of amended final determination of sales at less than 
fair value and Antidumping Duty Order.

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EFFECTIVE DATE: March 7, 2002.

FOR FURTHER INFORMATION CONTACT: Andrew McAllister or Craig Matney, 
(202) 482-1174 or (202) 482-1778, respectively; Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230.

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

[[Page 10383]]

to the Department of Commerce (``Department'') regulations are to 19 
CFR part 351 (April 2000).

Scope of Order

    For purposes of this order, 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 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 Germany is being 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 Germany, 67 FR 3159 (January 23, 2002) (``SSB Germany 
Final Determination''). On January 28, 2002, we received ministerial 
error allegations, timely filed pursuant to 19 CFR 351.224(c)(2), from 
the BGH Group of Companies (``BGH''), Edelstahl Witten-Krefeld GmbH 
(``EWK'') and Krupp Edelstahlprofile (``KEP'') regarding the 
Department's final margin calculations. \1\ BGH, EWK and KEP 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). 
BGH's submission alleges that the Department inadvertently failed to 
fully incorporate certain intended revisions to variable cost of 
manufacturing and to factory overhead in its programming language. EWK 
and KEP assert that there was a flaw in the programming language used 
for model matching.
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    \1\ We did not receive ministerial error allegations concerning 
the final determination margin calculations for Walzwerke Einsal 
GmbH (``Einsal'').
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    The petitioners in this proceeding did not submit comments on the 
BGH, EWK or KEP's ministerial error allegations.
    In accordance with section 735(e) of the Act, we have determined 
that ministerial errors in the calculation of BGH's home market 
variable cost of manufacturing and factory overhead were made in our 
final margin calculations. Also, we have determined that there were 
ministerial errors in the computer programming in our final margin 
calculations for EWK and KEP. In addition, because the margin programs 
are identical in this respect for each of the four respondents in this 
investigation, we have revised the final determination margin programs 
for all four respondents. 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 Germany'' dated February 22, 2002, which is on file in 
the Central Records Unit (``CRU''), room B-099 of the main Department 
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 Germany to correct these ministerial errors. 
The ``All Others'' rate has been revised as well. The revised final 
weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                  Original     Revised
                                                 weighted-    weighted-
             Exporter/manufacturer                average      average
                                                   margin       margin
                                                 percentage   percentage
------------------------------------------------------------------------
BGH...........................................        16.62        13.63
Einsal........................................         4.31         4.17
EWK...........................................        15.54        15.40
KEP...........................................        32.24        32.32
All Others....................................        17.77        16.96
------------------------------------------------------------------------

Antidumping Duty Order

    In accordance with section 735(a) of the Act, the Department 
published its final determination that stainless steel bar from Germany 
is being, or is likely to be, sold in the United States at LTFV. See 
SSB Germany Final Determination. On February 28, 2002, the 
International Trade Commission notified the Department of its final 
determination pursuant to section 735(b)(1)(A)(i) of the Act that an 
industry in the United States is materially injured by reason of LTFV 
imports of subject merchandise from Germany. Therefore, in accordance 
with section 736(a)(1) of the Act, the Department will direct the 
Customs Service 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 stainless steel bar from 
Germany. 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 August 2, 2001, 
the date on which the Department published its notice of affirmative 
preliminary determination in the Federal Register (66 FR 40214).
    On or after the date of publication of this notice in the Federal 
Register, Customs Service officers must require, at the same time as 
importers would normally deposit estimated duties, a cash deposit equal 
to the estimated weighted-average antidumping duty margins as noted 
below. The ``All Others'' rate applies to all exporters of subject 
merchandise not specifically listed. The weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                                               Revised
                                                              weighted-
                   Exporter/manufacturer                       average
                                                                margin
                                                              percentage
------------------------------------------------------------------------
BGH........................................................        13.63
Einsal.....................................................         4.17
EWK........................................................        15.40
KEP........................................................        32.32
All Others.................................................        16.96
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to

[[Page 10384]]

stainless steel bar from Germany, pursuant to section 736(a) of the 
Act. Interested parties may contact the Department's CRU 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 and 19 CFR 351.211.

    Dated: March 4, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-5645 Filed 3-6-02; 8:45 am]
BILLING CODE 3510-DS-P