Correction of Ministerial Errors in Preliminary Antidumping Duty Determination: Stainless Steel Bar From Italy

DEPARTMENT OF COMMERCE

[A-475-813]

Correction of Ministerial Errors in Preliminary Antidumping Duty

Determination: Stainless Steel Bar From Italy

Agency: Import Administration, International Trade Administration,

Commerce.

EFFECTIVE DATE: September 13, 1994.

FOR FURTHER INFORMATION CONTACT: V. Irene Darzenta or Katherine

Johnson, Office of Antidumping Investigations, Import Administration,

U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,

Washington, D.C. 20230; telephone (202) 482-6320 or (202) 482-4929,

respectively.

Amended Preliminary Determination

In accordance with section 733(b) of the Tariff Act of 1930, as

amended (the Act), on July 28, 1994, the Department of Commerce (the

Department) made its preliminary determination that stainless steel bar

(SSB) from Italy was being sold at less than fair value (59 FR 39736,

August 4, 1994). On August 3 and 4, 1994, we disclosed the calculations

performed in our preliminary determination to counsel for respondent

Acciaierie Valbruna S.r.l. (Valbruna) and petitioners, respectively,

pursuant to their requests. On August 10, 1994, and August 11, 1994, we

received timely submissions from Valbruna and petitioners,

respectively, alleging ministerial errors in the Department's

preliminary determination calculations. (For specific details of these

allegations and our analysis of them, see Memorandum from David L.

Binder to Richard W. Moreland dated August 29, 1994.)

Respondent claimed that the Department: (1) Incorrectly added to

the home market gross unit prices certain freight charges associated

with one of their warehouses that should have been deducted; (2) did

not convert home market indirect selling expenses and commissions to

the appropriate unit of measure in its margin analysis; and (3)

incorrectly calculated the impact of the value added tax (VAT) on the

home market indirect selling expense offset (ESP offset) by adding the

VAT adjustment relevant to the ESP offset to FMV, rather than deducting

it.

Petitioners claimed that the Department: (1) Incorrectly calculated

a differences-in-merchandise (difmer) adjustment for U.S. sales with

identical home market product matches; (2) incorrectly added the home

market freight expenses associated with one of Valbruna's warehouses to

the home market gross unit prices in testing whether Valbruna's related

party sales prices were at arm's-length; (3) did not convert home

market indirect selling expenses and commissions to the appropriate

unit of measurement in calculating the commission offset and ESP offset

caps; and (4) incorrectly calculated the VAT tax impact on ESP sales.

We agree that the errors alleged by the parties are ministerial

errors. These errors, taken together, will constitute a significant

ministerial error within the meaning of the Department's proposed

regulation regarding preliminary determinations, in that their

correction will result in a difference between a dumping margin of de

minimis and a margin of greater than de minimis. See section

353.15(g)(4)(ii) of the Department's proposed regulations (57 FR 1131,

January 10, 1992); See also Correction of Ministerial Errors in

Preliminary Antidumping Duty Determination: Sillcomanganese from

Ukraine, 59 FR 37969, July 26, 1994. Therefore, in accordance with the

procedures set forth in that proposed regulations, we are amending

Valbruna's preliminary dumping margin. The corrected dumping margin for

Valbruna is 0.44 percent and that for ``All Others'' is 6.13 percent.

Suspension of Liquidation

We are directing Customs Service to correct our request to suspend

liquidation, made in accordance with section 733(d)(1) of the Act, for

all entries of SSB from Italy. We are directing the Customs Service to

discontinue suspension of liquidation of all entries of SSB from Italy

for Valbruna that are entered, or withdrawn from warehouse, for

consumption on or after August 4, 1994, the date of publication of our

preliminary determination notice in the Federal Register. Because

Valbruna's dumping margin is de minimis, and de minimis margins are not

included within the all other rate, we are directing the Customs

Service to correct the All Others rate so that it will only reflect the

rate for Foroni S.p.A., the only other company investigated. We are

instructing the U.S. Customs Service that any cash deposits or bonds

collected with respect to SSB from Italy for Valbruna should be

released or refunded.

In accordance with section 733(d)(1) of the Act, we are directing

the Customs Service to continue to suspend liquidation of all entries

of SSB from Italy for Foroni S.p.A. and All Others that are entered, or

withdrawn from warehouse, for consumption on or after August 4, 1994,

the date of publication of our preliminary determination notice in the

Federal Register. The Customs Service shall require a cash deposit or

the posting of a bond equal to the revised estimated preliminary

dumping margins, as shown below. The suspension of liquidation will

remain in effect until further notice. The weighted-average dumping

margins are as follows:

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

Original Revised

Manufacturer/producer/exporter margin margin

(percent) (percent)

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

Acciaierie Valbruna S.R.L..................... 0.57 0.44% de

minimis

Foroni S.p.A.................................. 6.13 6.13

All Others.................................... 4.11 6.13

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

Notification of International Trade Commission (ITC)

In accordance with section 733(f) of the Act, we have notified the

ITC of our amended preliminary determination.

This amended preliminary determination is published in accordance

with Section 733(f) of the Act.

Dated: September 2, 1994.

Paul L. Joffe,

Acting Assistant Secretary for Import Administration.

[FR Doc. 94-22557 Filed 9-12-94; 8:45 am]

BILLING CODE 3510-DS-P