[Federal Register Volume 67, Number 82 (Monday, April 29, 2002)]
[Notices]
[Pages 20956-20958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10482]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-815, A-580-816]


Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Cold-Rolled and Corrosion Resistant Carbon Steel 
Products from Korea

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

ACTION: Notice of Amended Final Results of Antidumping Duty 
Administrative Review of Cold-Rolled and Corrosion Resistant Carbon 
Steel Products from the Republic of Korea.

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DATES: April 29, 2002.

FOR FURTHER INFORMATION CONTACT: Mesbah Motamed, AD/CVD Enforcement 
Group III, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482-
1382.

SUPPLEMENTARY INFORMATION:

The 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's 
regulations are to the regulations codified at 19 CFR part 351 (2001).

Scope Of The Reviews

    The review of ``certain cold-rolled carbon steel flat products'' 
covers cold-rolled (cold-reduced) carbon steel flat-rolled products, of 
rectangular shape, neither clad, plated nor coated with metal, whether 
or not painted, varnished or coated with plastics or other nonmetallic 
substances, in coils (whether or not in successively superimposed 
layers) and of a width of 0.5 inch or greater, or in straight lengths 
which, if of a thickness less than 4.75 millimeters, are of a width of 
0.5 inch or greater and which measures at least 10 times the thickness, 
or if of a thickness of 4.75 millimeters or more are of a width which 
exceeds 150 millimeters and measures at least twice the thickness, as 
currently classifiable in the Harmonized Tariff Schedule (``HTS'') 
under item numbers 7209.15.0000, 7209.16.0030, 7209.16.0060, 
7209.16.0090, 7209.17.0030, 7209.17.0060, 7209.17.0090, 7209.18.1530, 
7209.18.1560, 7209.18.2550, 7209.18.6000, 7209.25.0000, 7209.26.0000, 
7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7210.90.9000, 
7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 
7211.23.6060, 7211.23.6085, 7211.29.2030, 7211.29.2090, 7211.29.4500, 
7211.29.6030, 7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
7212.50.0000, 7215.50.0015, 7215.50.0060, 7215.50.0090, 7215.90.5000, 
7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 
7217.90.5030, 7217.90.5060, 7217.90.5090. Included in this review are 
flat-rolled products of nonrectangular cross-section where such cross-
section is achieved subsequent to the rolling process (i.e., products 
which have been ``worked after rolling'') for example, products which 
have been beveled or rounded at the edges. Excluded from this review is 
certain shadow mask steel, i.e., aluminum-killed, cold-rolled steel 
coil that is open-coil annealed, has a carbon content of less than 
0.002 percent, is of 0.003 to 0.012 inch in thickness, 15 to 30 inches 
in width, and has an ultra flat, isotropic surface.
    The review of ``certain corrosion-resistant carbon steel flat 
products'' covers flat-rolled carbon steel products, of rectangular 
shape, either clad, plated, or coated with corrosion-resistant metals 
such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based 
alloys, whether or not corrugated or painted, varnished or coated with 
plastics or other nonmetallic substances in addition to the metallic 
coating, in coils (whether or not in successively superimposed layers) 
and of a width of 0.5 inch or greater, or in straight lengths which, if 
of a thickness less than 4.75 millimeters, are of a width of 0.5 inch 
or greater and which measures at least 10 times the thickness or if of 
a thickness of 4.75 millimeters or more are of a width which exceeds 
150 millimeters and measures at least twice the thickness, as currently 
classifiable in the HTS under item numbers 7210.30.0030, 7210.30.0060, 
7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.61.0000, 7210.69.0000, 
7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 
7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 
7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7212.60.0000, 
7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 
7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090. 
Included in this review are flat-rolled products of non-rectangular 
cross-section where such cross-section is achieved subsequent to the 
rolling process (i.e., products which have been ``worked after 
rolling'') for example, products which have been beveled or rounded at 
the edges. Excluded from this review are flat-rolled steel products 
either plated or coated with tin, lead, chromium, chromium oxides, both 
tin and lead (``terne plate''), or both chromium and chromium oxides 
(``tin-free steel''), whether or not painted, varnished or coated with 
plastics or other nonmetallic substances in addition to the metallic 
coating. Also excluded from this review are clad products in straight 
lengths of 0.1875 inch or more in composite thickness and of a width 
which exceeds 150 millimeters and measures at least twice the 
thickness. Also excluded from this review are certain clad stainless 
flat-rolled products, which are three-layered corrosion-resistant 
carbon steel flat-rolled products less than 4.75 millimeters in 
composite thickness that consist of a carbon steel flat-rolled product 
clad on both sides with stainless steel in a 20%-60%-20% ratio.
    These HTS item numbers are provided for convenience and U.S. 
Customs purposes. The written descriptions remain dispositive.

Amendment Of Final Results

    On March 11, 2002, the Department of Commerce (``the Department'') 
issued its final results for certain cold-rolled and corrosion 
resistant carbon steel flat products from Korea. The period of review 
for cold-rolled products is

[[Page 20957]]

August 1, 1999 through December 31, 1999, and the period of review for 
corrosion resistant products is August 1, 1999 through July 31, 2000. 
See Notice of Final Results of Antidumping Duty Administrative Reviews; 
Certain Cold-Rolled and Corrosion Resistant Carbon Steel Flat Products 
from Korea, 67 FR 11976, (March 18, 2002), (``Final Results'').
    On March 18, 2002, respondent Union Steel Manufacturing Co., Ltd. 
(``Union'') timely filed an allegation that the Department made a 
ministerial error in the final results. Petitioners did not submit any 
comments in reply to this ministerial error allegation.
    On March 19, 2002, petitioners timely filed an allegation that the 
Department made a ministerial error in the final results of Pohang Iron 
and Steel Co., Ltd et al (``POSCO''). POSCO timely submitted its 
rebuttal comments on March 25, 2002.
    Section 735(e) of the Act defines a ``ministerial error'' to 
include ``errors in addition, subtraction, or other arithmetic 
function, clerical errors resulting from inaccurate copy, duplication, 
or the like, and any other type of unintentional error which the 
administrative authority considers ministerial.'' See also section 
351.224(f) of the Department's regulations. The Department is revising 
its dumping margin calculation as a result of a ministerial error in 
the calculation of Union's and POSCO's indirect selling expense ratio. 
The resulting margins are listed below.

Allegation of a Ministerial Error Regarding Union

    Union contends that the Department, in its Final Results, 
erroneously calculated its indirect selling expense (``ISE'') ratio for 
its sales of cold-rolled and corrosion resistant products. 
Specifically, in calculating the corrosion resistant ISE ratio, Union 
argues that the Department applied a value for Union's total sales that 
was not POR-specific. Additionally, according to Union, the Department 
applied non-Union-specific values for Union's interest expenses and 
income for both cold-rolled and corrosion-resistant products.

Department's Position

    We agree with Union. Our Final Results inadvertently overstated 
Union's indirect selling expense ratio by using certain values that 
were not specific to either the POR or Union, thus generating an 
inaccurate dumping margin. We have updated this calculation. These 
changes do not alter the dumping margin on cold-rolled steel products 
from Union. For more details surrounding these corrections, see 
Analysis for the Amended Final Results in the Administrative Review of 
the Antidumping Duty Order on Cold-Rolled and Corrosion Resistant 
Carbon Steel Products from Korea- Union Steel Manufacturing Co., Ltd. 
(``Union's Analysis Memo'').

Allegation of a Ministerial Error Regarding POSCO

    Petitioners argue that the Department used amounts for POSCO's 
interest expenses and income that were not POR-specific. The use of 
these incorrect amounts, according to petitioners, generated an 
understatement of POSCO's ISE ratio. According to petitioners, the 
Department should use the POR-specific values submitted by POSCO in its 
calculation of the ISE ratio.
    POSCO objects to petitioners' arguments and claims the Department's 
calculations reflect methodological decisions, not ministerial errors, 
as they are not errors in ``addition, subtraction, or other arithmetic 
function, clerical error resulting from the inaccurate copying, 
duplication, or the like, and any other similar type of unintentional 
error which the Secretary considers ministerial.'' POSCO contends that 
the calculations, as detailed and referenced in the analysis memo, 
reflect the deliberate intention of the Department to calculate POSCO's 
ISE ratio in a particular manner.

Department's Position

    We agree with petitioners that the Department's calculation 
contained two ministerial errors in the use of the calendar year 2000 
interest expenses and calendar year 2000 interest income. The 
Department intended to calculate POR-specific values for the ISE ratio 
but inadvertently used the wrong values. The Department has corrected 
the program accordingly. For more details surrounding this corrections, 
see Analysis for the Amended Final Results of the Seventh 
Administrative Reviews of Certain Cold-Rolled and Corrosion-Resistant 
Carbon Steel Flat Products from Korea- Pohang Iron and Steel Co., Ltd., 
Pohang Coated Steel Co., Ltd., and Pohang Steel Industries Co., Ltd., 
(``POSCO's Analysis Memo'').

Conclusion

    We are amending the final results of the antidumping duty 
administrative review of cold-rolled and corrosion resistant carbon 
steel products from Korea to reflect the correction of the above-cited 
ministerial errors. The amended final results are as follows:

 
------------------------------------------------------------------------
         Certain Corrosion-Resistant Carbon Steel Flat Products
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                                                      Weighted-Average
          Producer/ Manufacturer/Exporter                  Margin
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The POSCO Group...................................           0.86
Union.............................................           0.27
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[[Page 20958]]

    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    April 18, 2002
Bernard Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-10482 Filed 4-26-02; 8:45 am]
BILLING CODE 3510-DS-S