Cold-Rolled Carbon Steel Flat Products From the Netherlands; Amended Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-804]

Cold-Rolled Carbon Steel Flat Products From the Netherlands;

Amended Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of amended final results of Antidumping Duty

Administrative Review.

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SUMMARY: On April 15, 1997, the Department of Commerce (the Department)

published the final results of its administrative review of the

antidumping duty order on cold-rolled carbon steel flat products from

the Netherlands (62 FR 18476). The period of review is August 1, 1994

through July 31, 1995. On April 21, 1997, the sole respondent,

Hoogovens Staal BV, and its U.S. subsidiary, Hoogovens Steel USA, Inc.

(collectively, Hoogovens) filed a timely request that the Department

correct two ministerial errors in these final results. On May 1, 1997,

the petitioners (Bethlehem Steel Corporation, U.S. Steel Company (a

Unit of USX Corporation), Inland Steel Industries, Inc., Geneva Steel,

Gulf States Steel Inc. of Alabama, Sharon Steel Corporation, and Lukens

Steel Company) also filed a timely request for the correction of

certain ministerial errors in the programming language. We are

publishing this amendment to the final results of review in accordance

with 19 CFR 353.28(c).

EFFECTIVE DATE: June 13, 1997.

FOR FURTHER INFORMATION CONTACT: Helen Kramer or Linda Ludwig, AD/CVD

Enforcement Group III, Office 8, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-

0405 or (202) 482-3833, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

Unless otherwise stated, all citations to the Tariff Act are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act by the Uruguay Round

Agreements Act (URAA). In addition, unless otherwise indicated, all

citations to the Department's regulations are to the current

regulations, as amended by the interim regulations published in the

Federal Register on May 11, 1995 (60 FR 25130).

Scope of the Review

The products covered by this review include cold-rolled (cold-

reduced) carbon steel flat-rolled products, of rectangular shape,

neither clad, plated nor coated with metal, whether or not painted,

varnished or coated with plastics or other nonmetallic substances, in

coils (whether or not in successively superimposed layers) and of a

width of 0.5 inch or greater, or in straight lengths which, if of a

thickness less than 4.75 millimeters, are of a width of 0.5 inch or

greater and which measures at least 10 times the thickness or if of a

thickness of 4.75 millimeters or more are of a width which exceeds 150

millimeters and measures at least twice the thickness, as currently

classifiable in the Harmonized tariff Schedule (HTS) under item numbers

7209.15.000, 7209.16.1030, 7209.16.0060, 7209.16.0090, 7209.17.0030,

7209.17.0060, 7209.17.0090, 7209.18.1530, 7209.18.1560, 7209.18.2550,

7209.18.6000, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000,

7209.90.0000, 7210.70.3000, 7210.90.9000, 7211.23.1500, 7211.23.2000,

7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6085,

7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080,

7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7215.50.0015,

7215.50.0060, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000,

7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060,

and 7217.90.5090. Included in this review are flat-rolled products of

nonrectangular cross-section where such cross-section is achieved

subsequent to the rolling process (i.e., products which have been

``working after rolling'')--for example, products which have been

beveled or rounded at the edges. Excluded from this review is certain

shadow mask steel, i.e., aluminum-killed, cold-rolled steel coil that

is open-coil annealed, has a carbon content of less than 0.002 percent,

is of 0.003 to 0.012 inch in thickness, 15 to 30 inches in width, and

has an ultra flat, isotropic surface. These HTS item numbers are

provided for convenience and Customs purposes. The written description

remains dispositive.

The POR is August 1, 1994, through July 31, 1995. This review

covers entries of certain cold-rolled carbon steel flat

[[Page 32295]]

products from the Netherlands by Hoogovens.

Ministerial Errors in Final Results of Review

After reviewing Hoogovens' allegation of two ministerial errors in

the Department's computer program for the final results of review for

cold-rolled carbon steel flat products from the Netherlands, we agree

that an ``else'' statement should be inserted in the computer

programming after each line of adjustments to the reported further

manufacturing costs for certain invoices. This point was also made by

petitioners. Further, we agree with Hoogovens that we should not have

included costs of repacking merchandise further manufactured in the

United States in the calculation of foreign market value, since we

included these costs in further manufacturing costs, which are deducted

from U.S. price in the margin calculation.

We also agree with petitioners that in adjusting Hoogovens'

reported further manufacturing costs, we inadvertently omitted port-to-

plant movement expenses for the specific invoices referenced in the

program. We further agree with petitioners that in calculating the net

price for CEP transactions, we should have deducted total movement

expenses instead of inland freight expenses only. For these amended

final results we have made all of the above corrections.

Amended Final Results of Review

As a result of our correction of ministerial errors, we have

determined the margin to be:

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

Margin

Manufacturer/exporter Period of review (percent)

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

Hoogovens Staal B.V....................... 8/1/94-7/31/95 4.94

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

The Customs Service shall assess antidumping duties on all

appropriate entries. Individual differences between U.S. price and

normal value may vary from the percentage stated above. The Department

will issue appraisement instructions concerning the respondent directly

to the U.S. Customs Service.

Furthermore, the following deposit requirements will be effective

for all shipments of the subject merchandise, entered, or withdrawn

from warehouse, for consumption on or after the publication date of

these amended final results of administrative review, as provided for

by section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for

Hoogovens will be the rate indicated above; (2) if the exporter is not

a firm covered in this review, a prior review, or in the original LTFV

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 (3) if neither the exporter nor the manufacturer

is a firm covered in this or any previous review conducted by the

Department, the cash deposit rate will be 19.32 percent, the ``all-

other'' rate established in the amended final determination in the LTFV

investment. See Amended Final Determination Pursuant to CIT Decision:

Certain Cold-Rolled Carbon Steel Flat Products from the Netherlands, 61

F.R. 47871.

These deposit requirements shall remain in effect until publication

of the final results of the next administrative review.

This notice serves as the final reminder to importers of their

responsibility under 19 CFR 353.26 to file a certificate regarding the

reimbersement of antidumping duties prior to liquidation of the

relevant entries during these review periods. Failure to comply with

this requirement could result in the Secretary's presumption that

reimbursement of antidumping duties occurred and the subsequent

assessment of double antidumping duties.

This notice also serves as a reminder to parties subject to

administrative protective order (APO) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR 353.34(d). Timely written notification or

conversion to judicial protective order is hereby requested. Failure to

comply with the regulation and the terms of the APO is a sanctionable

violation.

These amended final results of administrative review and notice are

in accordance with section 751(a)(1) of the Tariff Act (19 U.S.C.

1675(a)(1)) and 19 CFR 353.28(c).

Dated: June 4, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-15608 Filed 6-12-97; 8:45 am]

BILLING CODE 3510-DS-M