[Federal Register Volume 71, Number 170 (Friday, September 1, 2006)]
[Notices]
[Pages 52063-52064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14533]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-830]


Stainless Steel Bar from Germany: Amended Final Results of 
Antidumping Duty Administrative Review

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

EFFECTIVE DATE: September 1, 2006.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Audrey Twyman, 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0182 or (202) 482-3534, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 28, 2006, the Department of Commerce (the ``Department'') 
published in the Federal Register the final results of the third 
administrative review of stainless steel bar from Germany.\1\ This 
review covered the period March 1, 2004, through February 28, 2005. On 
July 31, 2006, Carpenter Technology Corp., Crucible Specialty Metals 
Division of Crucible Materials Corp., and Electralloy Corp. 
(collectively, ``petitioners'') submitted ministerial error allegations 
filed pursuant to 19 CFR 351.224(c). On August 7, 2006, BGH Edelstahl 
Freital GmbH, BGH Edelstahl Lippendorf GmbH, BGH Edelstahl Lugau GmbH, 
and BGH Edelstahl Siegen GmbH (collectively, ``BGH'') submitted 
rebuttal comments. Based on these submissions, we made changes to the 
margin calculation of BGH. The amended final weighted-average dumping 
margin for BGH is listed below in the section entitled ``Amended Final 
Results.''
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    \1\ See Stainless Steel Bar from Germany: Final Results of 
Antidumping Duty Administrative Review, 71 FR 42802 (July 28, 2006) 
(``Final Results'').
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Scope of the Order

    For the purposes of the order, the term ``stainless steel bar'' 
includes articles of stainless steel in straight lengths that have been 
either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise 
cold-finished, or ground, having a uniform solid cross section along 
their whole length in the shape of circles, segments of circles, ovals, 
rectangles (including squares), triangles, hexagons, octagons, or other 
convex polygons. Stainless steel bar includes cold-finished stainless 
steel bars that are turned or ground in straight lengths, whether 
produced from hot-rolled bar or from straightened and cut rod or wire, 
and reinforcing bars that have indentations, ribs, grooves, or other 
deformations produced during the rolling process.
    Except as specified above, the term does not include stainless 
steel semi-finished products, cut length flat-rolled products (i.e., 
cut length rolled products which if less than 4.75 mm in thickness have 
a width measuring at least 10 times the thickness, or if 4.75 mm or 
more in thickness having a width which exceeds 150 mm and measures at 
least twice the thickness), products that have been cut from stainless 
steel sheet, strip or plate, wire (i.e., cold-formed products in coils, 
of any uniform solid cross section along their whole length, which do 
not conform to the definition of flat-rolled products), angles, shapes 
and sections.
    The stainless steel bar subject to this review is currently 
classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 
7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 
7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of 
the United States (``HTSUS''). Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.

Amended Final Results

    After analyzing the submissions, we have determined in accordance 
with section 735(e) of the Tariff Act of 1930, as amended (``the Act'') 
and 19 CFR 351.224 that we made ministerial errors in the margin 
calculation for BGH. The ministerial errors affected the U.S. credit 
expense calculation. These errors were: 1) the Department did not 
recalculate the credit expense after revising the payment date for some 
U.S. sales, 2) the Department incorrectly used a U.S. dollar interest 
rate on U.S. sales that were made in euros, and 3) the Department's 
programming language did not properly apply the revised U.S. interest 
rate to all U.S. sales made in U.S. dollars.
    For a detailed discussion of the ministerial error allegations and 
the Department's analysis, see Memorandum from Team through Susan H. 
Kuhbach to Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, entitled ``Ministerial Error Allegations,'' dated 
August 28, 2006.
    We are amending the final determination of the antidumping duty 
administrative review of stainless steel bar from Germany to reflect 
the correction of the above-cited ministerial errors. As a result of 
corrections of the ministerial errors in the Final Results, the revised 
final weighted-average dumping margin is as follows:

[[Page 52064]]



------------------------------------------------------------------------
                                  Original weighted-   Revised weighted-
      Exporter/manufacturer         average margin      average margin
                                      percentage          percentage
------------------------------------------------------------------------
BGH Edelstahl Freital GmbH, BGH         0.62 percent        0.73 percent
 Edelstahl Lippendorf GmbH, BGH
 Edelstahl Lugau GmbH, and BGH
 Edelstahl Siegen GmbH..........
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have 
calculated exporter/importer (or customer)-specific assessment rates 
for merchandise subject to this review. To determine whether the duty 
assessment rates were de minimis, in accordance with the requirement 
set forth in 19 CFR 351.106(c)(2), we calculated importer (or 
customer)-specific ad valorem rates by aggregating the dumping margins 
calculated for all U.S. sales to that importer (or customer) and 
dividing this amount by the total value of the sales to that importer 
(or customer).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003, (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period of review produced by companies 
included in these final results of review for which the reviewed 
companies did not know their merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    The Department will issue appropriate assessment instructions 
directly to CBP within 15 days of publication of these amended final 
results of review.

Cash Deposit Rates

    The following antidumping duty deposits will be required on all 
shipments of stainless steel bar from Germany entered, or withdrawn 
from warehouse, for consumption, effective on or after the publication 
date of the amended final results of this administrative review, as 
provided by section 751(a)(1) of the Act: (1) the cash deposit rate for 
the reviewed company will be the rate listed above (except no cash 
deposit will be required if a company's weighted-average margin is de 
minimis, i.e., less than 0.5 percent); (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, the 
previous review, or the original investigation, but the manufacturer 
is, the cash deposit rate will be the rate established for the most 
recent period for the manufacturer of the merchandise; and (4) if 
neither the exporter nor the manufacturer is a firm covered in this or 
any previous reviews, the cash deposit rate will be 16.96 percent, the 
``all others'' rate established in Notice of Final Determination of 
Sales at Less Than Fair Value: Stainless Steel Bar from Germany, 67 FR 
3159 (January 23, 2002) and Notice of Amended Final Determination of 
Sales at Less Than Fair Value and Antidumping Duty Order: Stainless 
Steel Bar from Germany, 67 FR 10382 (March 7, 2002).
    These cash deposit requirements shall remain in effect until 
publication of the final results of the next administrative review.
    We are issuing and publishing these results and this notice in 
accordance with section 751(h) of the Act and 19 CFR 351.224(e).

    Dated: August 28, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-14533 Filed 8-31-06; 8:45 am]
BILLING CODE 3510-DS-S