[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Notices]
[Pages 2999-3000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-196]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-808]


Stainless Steel Plate in Coil From Belgium: Amended Final Results 
of Antidumping Duty Administrative Review

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

SUMMARY: On December 14, 2004, the Department of Commerce (the 
Department) published the final results of its administrative review of 
the antidumping duty order on stainless steel plate in coils from 
Belgium for the period May 1, 2002, through April 30, 2003. See 
Stainless Steel Plate in Coils from Belgium: Final Results of 
Antidumping Duty Administrative Review, 69 FR 74495 (December 14, 2004) 
(Final Results). We are amending our Final Results to correct 
ministerial errors alleged by Ugine and ALZ Belgium (Respondent) 
pursuant to section 751(h) of the Tariff Act of 1930, as amended (the 
Act).

EFFECTIVE DATE: January 19, 2005.

FOR FURTHER INFORMATION CONTACT: Toni Page or Elfi Blum, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1398 or (202) 482-0197, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Antidumping Duty Order

    Effective March 11, 2003, in accordance with Allegheny Ludlum Corp. 
v. United States, 287 F.3d 1365 (Fed. Cir. 2002) remanded to CIT No. 
99-06-00361, slip op. 2002-147 (CIT Dec. 12, 2002), and Notice of 
Amended Antidumping Duty Orders: Certain Stainless Steel Plate in Coils 
from Belgium, Canada, Italy, the Republic of Korea, South Africa, and 
Taiwan, 68 FR 11520 (March 11, 2003), the scope of this order was 
amended. Therefore, for purposes of this review, there were separate 
scopes in effect during the period of review (POR).

Scope of Order From May 1, 2002 Through March 10, 2003

    The product covered by this order is certain stainless steel plate 
in coils. Stainless steel is an alloy steel containing, by weight, 1.2 
percent or less of carbon and 10.5 percent or more of chromium, with or 
without other elements. The subject plate products are flat-rolled 
products, 254 mm or over in width and 4.75 mm or more in thickness, in 
coils, and annealed or otherwise heat treated and pickled or otherwise 
descaled. The subject plate may also be further processed (e.g., cold-
rolled, polished, etc.) provided that it maintains the specified 
dimensions of plate following such processing. Excluded from the scope 
of this order are the following: (1) Plate not in coils, (2) plate that 
is not annealed or otherwise heat treated and pickled or otherwise 
descaled, (3) sheet and strip, and (4) flat bars. In addition, certain 
cold-rolled stainless steel plate in coils is also excluded from the 
scope of this order. The excluded cold-rolled stainless steel plate in 
coils is defined as that merchandise which meets the physical 
characteristics described above that has undergone a cold-reduction 
process that reduced the thickness of the steel by 25 percent or more, 
and has been annealed and pickled after this cold reduction process.
    The merchandise subject to this order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTS) at 
subheadings: 7219110030, 7219110060, 7219120005, 7219120020, 
7219120025, 7219120050, 7219120055, 7219120065, 7219120070, 7219120080, 
7219900010, 7219900020, 7219900025, 7219900060, 7219900080, 7220110000, 
7220201010, 7220201015, 7220201060, 7220201080, 7220206005, 7220206010, 
7220206015, 7220206060, 7220206080, 7220900010, 7220900015, 7220900060, 
and 7220900080. Although the HTS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of this order is dispositive.

Scope of Order on or After March 11, 2003

    The product covered by this order is certain stainless steel plate 
in coils. Stainless steel is an alloy steel containing, by weight, 1.2 
percent or less of carbon and 10.5 percent or more of chromium, with or 
without other elements. The subject plate products are flat-rolled 
products, 254 mm or over in width and 4.75 mm or more in thickness, in 
coils, and annealed or otherwise heat treated and pickled or otherwise 
descaled. The subject plate may also be further processed (e.g., cold-
rolled, polished, etc.) provided that it maintains the specified 
dimensions of plate following such processing. Excluded from the scope 
of this order are the following: (1) Plate not in coils, (2) plate that 
is not annealed or otherwise heat treated and pickled or otherwise 
descaled, (3) sheet and strip, and (4) flat bars.
    The merchandise subject to this order is currently classifiable in 
the HTS at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 
7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 
7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 
7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 
7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 
7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 
7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise subject to these orders is 
dispositive.

Amendment of Final Results

    On December 14, 2004, the Department published the Final Results

[[Page 3000]]

of the administrative review of the antidumping duty order on stainless 
steel plate in coils for the period May 1, 2002, through April 30, 
2003. See Final Results. In accordance with section 751(h) of the Act 
and 19 CFR 351.224(c)(2), on December 14, 2004, Respondent timely filed 
an allegation that the Department made ministerial errors in the final 
results. The Department is amending the Final Results to correct these 
errors, as detailed below.
    First, Respondent states that the Department expressed its 
intention to correct certain gross unit prices in the home market sales 
database based on pre-verification corrections, as stated in the 
Memorandum to The File from Toni Page and Elfi Blum through Maria 
MacKay: Analysis for Ugine & ALZ, N.V. Belgium (U&A Belgium) for the 
Final Results of the Fourth Administrative Review of Stainless Steel 
Plate in Coils (SSPC) from Belgium, dated December 7, 2004 (Analysis 
Memorandum).
    Respondent further states that the Department, in making those 
changes in the home market (HM) sales program, identifies the sales to 
be corrected by referring to the observation number of those sales. 
However, Respondent contends, the observation numbers identified in the 
Department's HM sales program are not the observation numbers of the 
sales the Department intended to correct. Respondent provided a list of 
the observation numbers Respondent claims are the correct numbers,\1\ 
and states that the Department should use these numbers in identifying 
the appropriate sales. Second, Respondent alleges that the Department, 
when recalculating the HM credit expense to account for a revision to 
the HM short-term borrowing rate in the HM sales program, inadvertently 
subtracted the date of payment from the date of shipment. The 
appropriate method for determining credit expenses, Respondent argues, 
is to subtract the date of shipment from the date of payment. Third, 
Respondent argues, that the Department failed to re-calculate inventory 
carrying cost based on the revised short-term borrowing rate. 
Petitioners did not file comments in response to Respondent's 
ministerial error allegations.
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    \1\ Respondent attached the sales verification exhibit 1, 
showing the invoice number, the skid number, the originally reported 
gross unit price, the corrected gross unit price, and the weight of 
the skid.
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    The Act, and 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.'' See section 751(h) of the Act 
and 19 CFR 351.224(f).
    After reviewing Respondent's allegations, we have determined, in 
accordance with section 751(h) of the Act and 19 CFR 351.224, that the 
three allegations constitute ministerial errors. Regarding its first 
allegation, we agree with Respondent that the Department inadvertently 
identified the incorrect observation numbers for those sales with a 
revised gross unit price. See Analysis Memorandum, p. 2-3. Further, as 
Respondent alleged, when recalculating credit expenses based on the 
revised interest rate obtained at verification, we erroneously 
subtracted the pay date from the ship date to arrive at the credit 
period instead of subtracting ship date from pay date. We also agree 
with Respondent's final allegation that we inadvertently failed to 
recalculate the inventory carrying costs based on the revised interest 
rate. Therefore, we are amending the Final Results to correct the 
above-mentioned ministerial errors. All changes to the programming 
language in the HM sales program can be found in the analysis 
memorandum for the amended final results. See Memorandum to The File 
from Toni Page and Elfi Blum through Maria MacKay: Analysis for Ugine & 
ALZ, N.V. Belgium (U&A Belgium) for the Amended Final Results of the 
Fourth Administrative Review of Stainless Steel Plate in Coils (SSPC) 
from Belgium, dated January 13, 2005 (Amended Final Analysis Memo). As 
a result of corrections of the ministerial errors in the Final Results, 
the revised weight-averaged dumping margin is as follows:

------------------------------------------------------------------------
           Manufacturer/exporter             Revised  margin  (percent)
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Ugine & ALZ Belgium.......................  2.71
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    With respect to Ugine & ALZ, N.V. Belgium (U&A Belgium), the 
Department will issue appropriate assessment instructions to U.S. 
Customs and Border Protection (CBP) within 15 days of publication of 
the amended final results of review. Accordingly, the Department will 
determine, and CBP will assess, antidumping duties on all entries of 
subject merchandise from U&A Belgium during the period May 1, 2002, 
through April 30, 2003, in accordance with these amended final results. 
The revised cash deposit rate for U&A Belgium shown above is effective 
on all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice, and will remain in effect until publication of the final 
results of the next administrative review.
    Consequently, we are issuing and publishing these amended final 
results and notice in accordance with sections 751(a)(1), 751(h), and 
777(i) of the Act, and 19 CFR 351.224(f).

    Dated: January 12, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-196 Filed 1-18-05; 8:45 am]
BILLING CODE 3510-DS-P