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

DEPARTMENT OF COMMERCE

[A-469-805]

Correction of Ministerial Errors in Preliminary Antidumping Duty

Determination: Stainless Steel Bar From Spain

Agency: Import Administration, International Trade Administration,

Commerce.

EFFECTIVE DATE: September 13, 1994.

FOR FURTHER INFORMATION CONTACT: Mary J. Jenkins 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) 482-1756 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 Spain was being sold at less than fair value (59 FR 39740,

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

performed in our preliminary determination to counsel for respondent

Roldan, S.A. (Roldan), and petitioners, pursuant to their requests. On

August 8, 1994, and August 11, 1994, we received submissions from

Roldan and petitioners, respectively, alleging a ministerial error in

the Department's preliminary determination calculation. Both parties

alleged that the Department did not convert the unit prices for marine

insurance expenses incurred on U.S. sales from Spanish pesetas to U.S.

dollars for purposes of calculating its preliminary antidumping duty

margins. The Department subsequently determined that a ministerial

error did not occur when it performed its margin calculation. (For

specific details of this allegation and our analysis, see Memorandum

from Richard W. Moreland to Barbara R. Stafford dated August 15, 1994).

On August 23, 1994, Roldan requested that the Department reconsider

its decision that it did not make a ministerial error in its handling

of marine insurance for the preliminary determination, and therefore

correct the preliminary determination. We have reconsidered our earlier

decision and now conclude that we made a ministerial error when

calculating the preliminary margin. (See memorandum from Richard W.

Moreland to Barbara R. Stafford dated August 31, 1994).

This error constitutes a significant ministerial error within the

meaning of the Department's proposed regulation regarding preliminary

determinations, in that its correction will result in a difference of

no less than 5 absolute percentage points, i.e., between a dumping

margin of 25.21 percent and a dumping margin of 1.92 percent.

Therefore, we are amending Roldan's preliminary dumping margin. See

section 353.15(g)(4)(ii) of the Department's proposed regulations (57

FR 1131, January 10, 1992). We have converted the unit prices for

marine insurance expenses from Spanish pesetas to U.S. dollars for

purposes of deducting the movement expense from U.S. price and for

purposes of making the VAT adjustment. The corrected dumping margins

are 1.92 percent for Roldan and 4.68 percent for ``all others.''

Suspension of Liquidation

We are directing the Customs Service to correct our request to

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

for all entries of SSB from Spain for Roldan and for ``all others''.

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 Spain 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)

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

Roldan, S.A....................................... 25.21 1.92

Acenor, S.A....................................... 8.96 8.96

All others........................................ 17.89 4.68

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

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. 94-22558 Filed 9-12-94; 8:45 am]

BILLING CODE 3510-DS-P