Brass Sheet and Strip From the Netherlands; Amendment of Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-701]

Brass Sheet and Strip From the Netherlands; Amendment of Final

Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Amendment of Final Results of Antidumping Duty

Administrative Review.

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SUMMARY: The Department of Commerce (the Department) is amending its

final results of administrative review, published on January 19, 1996,

of the antidumping duty order on brass sheet and strip from the

Netherlands, to reflect the correction of ministerial errors in those

final results.

EFFECTIVE DATE: June 19, 1997.

FOR FURTHER INFORMATION CONTACT: Thomas Killiam or John Kugelman, 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) 482-2704 or (202) 482-0649, respectively.

Applicable Statute and Regulations

Unless otherwise stated, all citations to the statute and the

regulations are references to the provisions as they existed on

December 31, 1994.

SUPPLEMENTARY INFORMATION:

Background

The Department published the final results of antidumping

administrative review on January 19, 1996 (61 FR 1324). The respondent

is Outokumpu Copper Rolled Products B.V. (OBV). The petitioners are

Hussey Copper, Ltd., The Miller Company, Olin Corporation, Revere

Copper Products, Inc., International Association of Machinists and

Aerospace Workers, International Union, Allied Industrial Workers of

America (AFL-CIO), Mechanics Educational Society of America (Local 56),

and United Steelworkers of America (AFL-CIO/CLC).

On February 12, 1996, we received timely allegations from OBV and

the petitioners that the Department had made certain ministerial errors

in the final results. The Department agreed that certain of the

allegations constituted ministerial errors but the Department was

unable to issue a determination correcting these errors before the

petitioners filed a complaint with the Court of International Trade

(CIT), challenging the final results of review. Therefore, the

Department requested leave from the CIT to correct these errors. On

August 1, 1996, the CIT granted the Department leave to correct the

errors.

Scope of the Review

Imports covered by this review are shipments of brass sheet and

strip, other than leaded and tinned brass sheet and strip, from the

Netherlands. The chemical composition of the products under review is

currently defined in the Copper Development Association (C.D.A.) 200

Series or the Unified Numbering System (U.N.S.) C20000 series. This

review does not cover products the chemical compositions of which are

defined by other C.D.A. or U.N.S. series. The merchandise is currently

classified under Harmonized Tariff Schedule (HTS) item numbers

7409.21.00 and 7409.29.20. The HTS item numbers are provided for

convenience and Customs purposes. The written description remains

dispositive.

Amended Final Results of Review

The respondent alleged that the Department inadvertently used

shipment date as the date of sale, in calculating foreign market value

(FMV) and in making foreign exchange rate conversions. The respondent

also alleged that the Department improperly failed to convert the

constructed value corresponding to a particular U.S. sale from guilders

per kilogram to dollars per pound.

The petitioners alleged that for U.S. sales with further

manufacturing in the United States, the Department failed to subtract

the full amount of allocated direct and indirect selling expenses from

U.S. price. The petitioners also alleged that, although the final

results analysis memorandum states that the Department treated certain

U.S. payments for specific sales as indirect selling expenses rather

than as commissions, and there were no other claims for U.S. commission

expenses for the sales in question, in the computer program the

Department deducted home market indirect selling expenses from FMV as

an offset to U.S. ``commissions'' for these same U.S. sales. Finally,

the petitioners alleged that the Department incorrectly included

several below-cost home market sales when calculating FMV.

As noted above, we have reviewed each of these alleged errors, and

we agree that they constitute ministerial errors. Therefore, we have

amended our final results accordingly.

Amended Final Results of Review

After correcting the final results for the above ministerial

errors, the Department has determined that the following margin exists:

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

Percent

Manufacturer/exporter Period margin

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

Outokumpu Copper........................... 8/1/90-7/31/91 5.85

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

The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. Individual

differences between the U.S. price and FMV may vary from the above

percentage. The Department will issue appraisement instructions

directly to the Customs Service.

Furthermore, the following deposit requirements will be effective

for all shipments of subject merchandise entered, or withdrawn from

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

amended final

[[Page 33396]]

results, as provided for by section 751(a)(1) of the Act.

(1) The cash deposit rate for OBV will be 5.85%;

(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, a prior

review, or the original less-than-fair-value (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

(4) 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 16.99 percent, the ``all others'' rate established

in the LTFV investigation.

This notice serves as a reminder to importers of their

responsibility under 19 CFR 353.26 to file a certificate regarding the

reimbursement of antidumping duties prior to liquidation of the

relevant entries during the review period. 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 amendment of the final results of review and this notice are

in accordance with section 751(f) of the Act (19 U.S.C. 1675(f)) and 19

CFR 353.28(c)(1995).

Dated: June 10, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-16047 Filed 6-18-97; 8:45 am]

BILLING CODE 3510-DS-P