[Federal Register Volume 69, Number 212 (Wednesday, November 3, 2004)]
[Notices]
[Pages 64027-64028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3000]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-854]


Notice of Amended Preliminary Determination of Sales At Not Less 
Than Fair Value: Certain Circular Welded Carbon Quality Line Pipe from 
the Republic of Korea

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

ACTION: Notice of Amended Preliminary Determination of Sales at Not 
Less Than Fair Value.

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EFFECTIVE DATE: November 3, 2004.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Patrick Edwards 
at (202) 482-0182 and (202) 482-8029, respectively; AD/CVD Operations, 
Office 7, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

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 2001).

Amendment of Preliminary Determination

    The Department is amending the preliminary determination in the 
antidumping investigation of certain circular welded carbon quality 
line pipe from the Republic of Korea. This amended preliminary 
determination results in a revised antidumping rate for respondent 
Hyundai HYSCO and the all others rate in this case.

Scope of Investigation

    The scope of this investigation includes certain circular welded 
carbon quality steel line pipe of a kind used in oil and gas pipelines, 
over 32 mm (1 [bdfrac14] inches) in nominal diameter (1.660 inch actual 
outside diameter) and not more than 406.4 mm (16 inches) in outside 
diameter, regardless of wall thickness, surface finish (black, or 
coated with any coatings compatible with line pipe), and regardless of 
end finish (plain end, beveled ends for welding, threaded ends or 
threaded and coupled, as well as any other special end finishes), and 
regardless of stenciling. The merchandise subject to this investigation 
may be classified in the Harmonized Tariff Schedule of the United 
States (``HTSUS'') at heading 7306 and subheadings 7306.10.10.10, 
730610.10.50, 7306.10.50.10, and 7306.10.50.50. The tariff 
classifications are provided for convenience and customs purposes; 
however, the written description of the scope of the investigation is 
dispositive.

Background

    On September 29, 2004, the Department issued its affirmative 
preliminary determination in this proceeding. See Notice of Affirmative 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination: Certain Circular Welded Carbon 
Quality Line Pipe from Korea, 69 FR 59885 (October 6, 2004) 
(``Preliminary Determination''). The Department's Preliminary 
Determination covered manufacturers/exporters, Hyundai HYSCO 
(``HYSCO'') and SeAH Steel Corporation Ltd. (``SeAH'').
    On October 4, 2004, the Department received from HYSCO a timely 
allegation of ministerial errors in the preliminary determination. 
HYSCO alleged that the Department made a significant ministerial error. 
The alleged ministerial error was in the Department's recalculation of 
HYSCO's financial expense ratio. Specifically, HYSCO claims that the 
Department used the wrong currency denomination (single won instead of 
1,000 won) in the gains and losses on currency forward transactions 
figures.

Significant Ministerial Error

    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 (erroneous) 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).
    In this instance, the original preliminary determination resulted 
in a weighted-average margin of 6.49 percent for HYSCO and for the 
``All Others'' rate. Recalculation of the financial expense ratio using 
the correct denomination in the gains and losses on currency forward 
transactions results in a de minimis weighted-average dumping margin, 
thus meeting the requirements under 19 CFR 351.224(g)(2).

Amended Determination

    The Department has reviewed its preliminary calculations and agrees 
that the Department made a ministerial error within the meaning of 19 
CFR 351.224(f) in its recalculation of HYSCO's financial expense with 
regard to the calculation of the gains and losses on currency forward 
transactions using the wrong currency denomination. For a detailed 
analysis, see the November 1, 2004, Memorandum to Richard O. Weible 
from Margaret Pusey and Brandon Farlander regarding the Analysis of

[[Page 64028]]

Allegation of Ministerial Error for Hyundai HYSCO Co., Ltd. on file in 
the Department's Central Records Unit, Room B-099 of the Herbert H. 
Hoover Building, 1401 Constitution Avenue, N.W., Washington, D.C. As a 
result of our analysis of HYSCO's allegation, we are amending our 
preliminary determination to revise the antidumping rates in accordance 
with 19 CFR 351.224(e).
    We will revise our suspension of liquidation instructions to U.S. 
Customs and Border Protection (CBP), instructing CBP that no suspension 
of liquidation is required at this time, since both respondents in this 
proceeding now have de minimis rates. Parties will be notified of this 
amended determination, in accordance with section 733(d) and (f) of the 
Act.
    The following weighted-average dumping margins apply:

------------------------------------------------------------------------
                                                       Weighted-average
                Exporter/manufacturer                       margin
                                                         (percentage)
------------------------------------------------------------------------
Hyundai HYSCO.......................................             1.31\1\
SeAH Steel Corporation Ltd..........................                1.19
All Others Rate.....................................                 0.0
------------------------------------------------------------------------
De minimis

    The All Others rate is derived exclusive of all zero and de minimis 
margins and margins based entirely on adverse facts available. The All 
Others rate has been amended, and applies to all entries of the subject 
merchandise except for entries from exporters/producers that are 
identified individually above.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we are directing 
CBP not to suspend liquidation of all imports of certain circular 
welded carbon quality line pipe from the Republic of Korea entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this amended preliminary determination in the Federal 
Register. CBP shall not 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, as indicated above, because we have calculated de 
minimis margins. These instructions not to suspend liquidation will 
remain in effect until further notice.

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our determination of sales at not less than fair value.
    This determination is issued and published pursuant to sections 
733(f) and 777(i)(1) of the Tariff Act.

    Dated: October 27, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-3000 Filed 11-2-04; 8:45 am]
BILLING CODE 3510-DS-S