[Federal Register Volume 69, Number 140 (Thursday, July 22, 2004)]
[Notices]
[Pages 43801-43803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16743]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-807]


Certain Hot-Rolled Carbon Steel Flat Products From the 
Netherlands; Amended Final Results of Antidumping Duty Administrative 
Review

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

ACTION: Notice of amended final results of antidumping duty 
administrative review.

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SUMMARY: On June 16, 2004, the Department of Commerce (the Department) 
published in the Federal Register its notice of final results of the 
antidumping duty administrative review of certain hot-rolled carbon 
steel flat products from the Netherlands for the period May 3, 2001 
through October 31, 2002. See Certain Hot-Rolled Carbon Steel Flat 
Products from the Netherlands; Final Results of Antidumping Duty 
Administrative Review, 69 FR 33630 (June 16, 2004). On June 15, 2004, 
in accordance with 19 CFR 351.224(c)(2), we received a timely-filed 
ministerial error allegation from respondent, Corus Staal BV 
(Corus).\1\ We did not receive ministerial error allegations from 
petitioners.\2\ Based on our analysis of Corus' ministerial error 
allegation, the Department has revised the antidumping duty margin for 
Corus. Accordingly, we are amending our final results.
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    \1\ We released disclosure documents to respondent and 
petitioners on June 9, 2004, thereby making June 14, 2004 the 
deadline for submitting ministerial error comments. However, in 
response to a request by respondent, we extended the deadline by one 
day, until June 15, 2004.
    \2\ Petitioners are United States Steel Corporation and Nucor 
Corporation.

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EFFECTIVE DATE: July 22, 2004.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, 
Antidumping and Countervailing Duty Enforcement Group III, Office 
Eight, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230, telephone: (202) 482-2657 or (202) 482-0649, 
respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Review

    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 lengths, 
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 
review. 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

[[Page 43802]]

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 (HTS), 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, or
    2.25 percent of silicon, or
    1.00 percent of copper, or
    0.50 percent of aluminum, or
    1.25 percent of chromium, or
    0.30 percent of cobalt, or
    0.40 percent of lead, or
    1.25 percent of nickel, or
    0.30 percent of tungsten, or
    0.10 percent of molybdenum, or
    0.10 percent of niobium, or
    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., ASTM 
specifications A543, A387, A514, A517, A506).
     Society of Automotive Engineers (SAE)/American Iron and 
Steel Institute (AISI) grades of series 2300 and higher.
    sbull; Ball bearings steels, as defined in the HTS.
    sbull; Tool steels, as defined in the HTS.
     Silico-manganese (as defined in the HTS) or silicon 
electrical steel with a silicon level exceeding 2.25 percent.
    sbull; ASTM specifications A710 and A736.
    sbull; 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 HTS.
    The merchandise subject to this order is classified in the HTS 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 flat-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 HTS 
subheadings are provided for convenience and U.S. Customs purposes, the 
written description of the scope of this order is dispositive.

Amended Final Results of Review

    On June 15, 2004, Corus timely filed, pursuant to 19 CFR 
351.224(c)(2), an allegation that the Department made one ministerial 
error in its final results. For EP transactions with a sale date (i.e., 
invoice date) prior to importation, Corus states the Department used 
date of entry to select the transactions used in its analysis. Corus 
alleges that for these transactions, the Department erred by using the 
entry date for purposes of currency conversions rather than date of 
sale. Therefore, Corus requests that the Department correct this error 
by using date of sale for currency conversions for those EP 
transactions with a sale date prior to importation. Petitioners 
submitted no rebuttal comments to this ministerial error allegation.
    We agree with Corus. The Tariff Act of 1930, as amended (the Tariff 
Act), as well as the Department's regulations, define a ministerial 
error as one involving ``addition, subtraction, or other arithmetic 
function, clerical errors resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the Secretary considers ministerial.'' See section 751(h) of the 
Tariff Act and 19 CFR 351.224(f). The Department's regulations also 
provide that ``[i]n an antidumping proceeding, the Secretary will 
convert foreign currencies into United States dollars using the rate of 
exchange on the date of sale of the subject merchandise.'' See 19 CFR 
351.415(a). For purposes of our analysis, in utilizing entry date to 
select EP sales with a sale date prior to importation, we 
unintentionally set date of sale equal to entry date for those 
transactions. Because invoice date should have been used as date of 
sale for those transactions for purposes of currency conversions, we 
have corrected this inadvertent error by using date of sale for 
purposes of currency conversions. See lines 2601, 2608, and 2901 of the 
amended U.S. sales program.
    In accordance with 19 CFR 351.224(e), we have amended the final 
results of the 2001-2002 antidumping duty administrative review of 
certain hot-rolled carbon steel flat products from the Netherlands, as 
noted above. As a result of this correction, Corus' margin decreased 
from 4.94 percent to 4.80 percent ad valorem.
    The Department shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries. As a result of the Court of International Trade's decision in 
Corus Staal BV et al. v. United States, Consol. Court No. 02-00003, 
Slip Op. 03-127 (CIT September 29, 2003), we will not assess duties on 
merchandise that entered between October 30, 2001 and November 28, 
2001, inclusive. For more information, see Certain Hot-Rolled Carbon 
Steel Flat Products From The Netherlands: Notice of Final Court 
Decision and Suspension of Liquidation, 68 FR 60912 (October 24, 2003). 
Thus, in accordance with 19 CFR 351.212(b)(1), we will calculate an 
importer-specific ad valorem assessment rate for merchandise based on 
the ratio of the total amount of antidumping duties calculated for the 
examined sales made during the POR to the total customs value of the 
sales used to calculate those duties. Where the importer-specific 
assessment rate is above de minimis, we will instruct CBP to assess 
duties on all appropriate entries of subject merchandise by that 
importer. This rate will be assessed uniformly on all entries of that 
particular importer made during the periods May 3, 2001 through October 
29, 2001 and November 29, 2001 through October 31, 2002. The Department 
will issue appropriate assessment instructions directly to CBP within 
15 days of publication of the final results of review.

[[Page 43803]]

    The amended cash deposit requirement is effective for all shipments 
of subject merchandise manufactured by Corus entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice and shall remain in effect until publication of the final 
results of the next administrative review.
    These amended final results are issued and published in accordance 
with section 751(h) of the Tariff Act and 19 CFR 351.224.

    Dated: July 14, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-16743 Filed 7-21-04; 8:45 am]
BILLING CODE 3510-DS-P