[Federal Register Volume 67, Number 118 (Wednesday, June 19, 2002)]
[Notices]
[Pages 41695-41696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15482]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-810]


Notice of Amended Preliminary Determination of Sales at Less Than 
Fair Value; Certain Cold-Rolled Carbon Steel Flat Products From Turkey

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

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

-----------------------------------------------------------------------

EFFECTIVE DATE: June 19, 2002.

FOR FURTHER INFORMATION CONTACT: Melissa Blackledge, or Robert James, 
Antidumping and Countervailing Duty Enforcement Group III, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230, at (202) 482-3518, or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

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 Tariff Act) 
by the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department of Commerce's (the 
Department's) regulations refer to the regulations codified at 19 CFR 
part 351 (2001).

Amendment to the Preliminary Determination

    On April 26, 2002, the Department determined that certain cold-
rolled carbon steel flat products (cold-rolled steel) from Turkey are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV), as provided in section 735(a) of the Tariff Act. See 
Notice of Preliminary Determination of Sales at Less Than Fair Value: 
Certain Cold-Rolled Carbon Steel Flat Products From Turkey, 67 FR 31264 
(May 9, 2002) (Preliminary Determination). On May 7, 2002, respondent 
Borcelik Celik Sanayii ve Ticaret A.S. (Borcelik) timely filed an 
allegation that the Department had made several ministerial errors in 
its preliminary determination. Borcelik requested that we correct the 
errors and publish a notice of amended preliminary determination in the 
Federal Register. See 19 CFR 351.224(e).
    Borcelik's submission alleges the following errors:
     the Department inadvertently omitted programming language 
used to create a model data set for the home market sales file 
containing a single record for each CONNUM and month combination, thus 
obviating our intention to match sales by month;
     the Department inadvertently deducted billing adjustments 
4 and 5 reported by affiliated reseller/service center Kerim Celik in 
the net price calculation when these adjustments should have been 
additions to revenue;
     for sales by Kerim Celik, total costs of producing the 
cold-rolled coil at Borcelik were unintentionally deducted by the 
Department rather than deducting the cost of further processing 
performed by Kerim Celik, reported as TOTCOP, and scrap (SCRAP);
     the Department used inaccurate exchange rates;
     the Department incorrectly recalculated Borcelik's G&A 
expense ratio excluding miscellaneous adjustments to G&A expenses 
reported by respondent;
     the Department relied upon total cost of production, 
instead of total cost of manufacturing, in calculating the twenty 
percent difference-in-merchandise test; and
     the Department unintentionally used the Turkish lira 
prices to calculate normal value, instead of using the U.S. dollar 
prices negotiated for most home market sales.
    See Letter, Dickstein Shapiro Morin & Oshinsky LLP, May 7, 2002 
passim.
    The Department's regulations define a ministerial error as one 
involving ``addition, subtraction, or other arithmetic function, 
clerical error resulting from inaccurate copying, duplication or the 
like, and any other similar type of unintentional error which the 
Secretary considers ministerial.'' 19 CFR 351.224(f). A significant 
ministerial error is defined as an error, the correction of which, 
singly or in combination with other errors, would result in (1) a 
change of at least five absolute percentage points in, but not less 
than 25 percent of, the weighted-average dumping margin calculated in 
the original preliminary determination; or (2) a difference between a 
weighted-average dumping margin of zero or de minimis and a weighted-
average dumping margin of greater than de minimis or vice versa. See 19 
CFR 351.224(g).
    After reviewing respondent's allegations we have determined, in 
accordance with 19 CFR 351.224(e), that the Preliminary Determination 
includes five ministerial errors, which together constitute significant 
ministerial errors. We agree that the following five allegations raised 
by Borcelik constitute significant ministerial errors: i) monthly model 
matching; ii) Kerim Celik's billing adjustments 4 and 5; iii) Kerim 
Celik's further processing costs; iv) improper exchange rates; and v) 
the calculation of differences in merchandise. See Memorandum For 
Richard Weible; ``Allegations of Ministerial Errors; Preliminary 
Determination in the Investigation of Certain Cold-Rolled Carbon Steel 
Flat Products from Turkey'' (Ministerial Errors Memorandum), dated June 
12, 2002, a public version of which is on file in room B-099 of the 
main Commerce building, and the

[[Page 41696]]

Preliminary Determination, 67 FR at 31264.
    The alleged ministerial errors with which we do not agree concern 
(1) the respondent's assertion that the Department inadvertently 
omitted miscellaneous adjustments from the revised G&A ratio and (2) 
the respondent's assertion that we unintentionally used the Turkish 
lira prices in calculating normal value. For a detailed description of 
all of these allegations and, where applicable, our resultant 
corrections, see the Ministerial Errors Memorandum. Therefore, in 
accordance with 19 CFR 351.224(e), we are amending the preliminary 
determination of the antidumping duty investigation of certain cold-
rolled carbon steel flat products from Turkey to reflect the correction 
of significant ministerial errors made in the margin calculation 
regarding Borcelik. The revised weighted-average dumping margins are in 
the ``Amended Preliminary Determination'' section, below.

Scope Of The Investigation

    For purposes of this investigation, the products covered are 
certain cold-rolled (cold-reduced) flat-rolled carbon-quality steel 
products. For a full description of the scope of this investigation, as 
well as a complete discussion of all scope exclusion requests submitted 
in the context of the on-going cold-rolled steel investigations, see 
the ``Scope Appendix'' attached to the Notice of Preliminary 
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled 
Carbon Steel Flat Products from Argentina, 67 FR 31181 (May 9, 2002).

Amended Preliminary Determination

    We are amending the preliminary determination of the antidumping 
duty investigation of certain cold-rolled carbon steel flat products 
from Turkey to reflect the correction of the above-cited ministerial 
errors. The revised preliminary weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                        Weighted-Average
                Manufacturer/Exporter                        Margin
------------------------------------------------------------------------
Borcelik Celik Sanayii ve Ticaret A.S. (Borcelik)....             7.70 %
All Others...........................................             7.70 %
------------------------------------------------------------------------

Suspension Of Liquidation

    In accordance with section 735(c)(1)(B) of the Tariff Act, we are 
directing the United States Customs Service (Customs) to continue 
suspending liquidation on all imports of the subject merchandise from 
Turkey. Customs shall require a cash deposit or the posting of a bond 
equal to the weighted-average amount by which normal value exceeds the 
export price 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 preliminary 
determination.
    This determination is issued and published in accordance with 
section 733(f) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: June 12, 2002
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-15482 Filed 6-18-02; 8:45 am]
BILLING CODE 3510-DS-S