Notice of Amended Final Results of Antidumping Duty Administrative Reviews: Certain Cold-Rolled Carbon Steel Flat Products From Korea; Certain Corrosion-Resistant Carbon Steel Flat Products from Korea

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-815, A-580-816]

Notice of Amended Final Results of Antidumping Duty

Administrative Reviews: Certain Cold-Rolled Carbon Steel Flat Products

From Korea; Certain Corrosion-Resistant Carbon Steel Flat Products from

Korea

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of amendment to final results of Antidumping Duty

Administrative Review.

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

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 certain cold-rolled carbon steel flat

products from Korea, and certain corrosion-resistant carbon steel flat

products from Korea (62 FR 18404). The period of review (POR) is August

1, 1994, through July 31, 1995. On April 23, 1997, Pohang Iron and

Steel Co., Ltd. (POSCO) alleged, in a timely fashion, that the

Department had made six ministerial errors with respect to the final

results for POSCO and the companies collapsed with POSCO (Pohang Coated

Steel Co., Ltd. (POCOS) and Pohang Steel Industries Co., Ltd. (PSI)),

collectively referred to below as the POSCO Group. POSCO therefore

requested that we amend the final results of the review as published on

April 15, 1997. On April 30, 1997, petitioners asserted that none of

the issues raised by POSCO in its April 23, 1997, submission

constituted ministerial errors.

The Department has determined that one of the alleged errors is in

fact a ministerial error. We have corrected the error in question and

recalculated the dumping margins for the POSCO Group. The margin for

cold-rolled products has changed from 0.54 percent to 0.49 percent, and

the margin for corrosion-resistant products remains at 0.09 percent.

EFFECTIVE DATE: June 20, 1997.

FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Alain Letort, 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

202/482-1395 (Bezirganian) or 202/482-4243 (Letort), fax 202/482-1388.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the statute are

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

date of the amendments made to the Tariff Act of 1930 (the 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).

Background

On April 15, 1997, the Department published the final results of

its administrative reviews of the antidumping duty orders on certain

cold-rolled and corrosion-resistant carbon steel flat products from

Korea, for the period August 1, 1994 through July 31, 1995 (62 FR

18404). The reviews covered shipments of the merchandise from Korea by

the POSCO Group that entered the United States during the period August

1, 1994 through July 31, 1995.

Subsequent to the publication of the final results, POSCO alleged,

in a timely fashion, that the Department had made six ministerial

errors with respect to the final results for the POSCO Group. POSCO

therefore requested that we amend the final results of the review as

published on April 15, 1997. Petitioners

[[Page 33588]]

subsequently asserted that none of the alleged errors cited by POSCO

constituted ministerial errors.

Section 353.28(d) of the Department's regulations defines a

``ministerial error'' as ``an error in addition, subtraction, or other

arithmetic function, clerical error resulting from inaccurate copying,

duplication, or the like, and any other type of unintentional error

which the Secretary considers ministerial.'' 19 CFR Sec. 353.28(d). The

first error that POSCO alleged was the Department's failure to reflect

in its margin calculations the methodology explicitly stated in the

final results with regard to the deduction from U.S. price of one-half

of the POSTRADE markup. See the May 2, 1997, memorandum from Steve

Bezirganian for John Kugelman. We agree with POSCO that this

constituted a ministerial error as defined by 19 CFR Sec. 353.28(d),

and have corrected the error in question.

The Department has determined that the other five ministerial

errors alleged by POSCO are not ministerial errors. See the May 2,

1997, memorandum from Steve Bezirganian for John Kugelman. Therefore,

we did not amend the final results on those five points.

Amended Final Results of Review

As a result of the correction, we have determined that the

following de minimis percentage weighted-average margins exist for the

period August 1, 1994 through July 31, 1995:

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

Weighted-

average

Manufacturer/producer/exporter margin

(percent)

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

Certain Cold-Rolled Carbon Steel Flat Products

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

POSCO...................................................... 0.49

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

Certain Corrosion-Resistant Carbon Steel Flat Products

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

POSCO...................................................... 0.09

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

The Department shall determine, and the United States Customs

Service shall assess, antidumping duties on all appropriate entries.

The Department shall issue appraisement instructions directly to the

Customs Service.

Furthermore, the following deposit requirements shall be effective,

upon publication of this notice for all shipments of the subject

merchandise from Korea that are entered, or withdrawn from warehouse,

for consumption, on or after the date of publication of this notice, as

provided by section 751(a)(1) of the Tariff Act of 1930, as amended

(``the Act''): (1) The cash deposit rates for POSCO and the collapsed

companies (POCOS and PSI) shall be zero percent; (2) for previously

reviewed or investigated companies not listed above, the cash deposit

rate shall continue to be the company-specific rate published for the

most recent period; (3) if the exporter is not a firm covered in these

reviews, or the original investigations, but the manufacturer is, the

cash deposit rate shall be that 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 these or any

previous reviews, the cash deposit rate will continue to be 14.44

percent (for certain cold-rolled carbon steel flat products) and 17.70

percent (for certain corrosion-resistant carbon steel flat products),

which were the ``all others'' rates in the LTFV investigations.

These deposit requirements, when imposed, shall remain in effect

until publication of the final results of the next administrative

review.

This notice also serves as final reminder to importers of their

responsibility to file a certificate regarding the reimbursement of

antidumping duties prior to liquidation of the relevant entries during

this 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 notice also is the only reminder to parties subject to

administrative protective order (APO) of their responsibility

concerning the return or destruction of proprietary information

disclosed under APO in accordance with 19 CFR Sec. 353.34(d). Failure

to comply is a violation of the APO.

These amended final results of administrative review and notice are

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

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

Dated: June 13, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-16244 Filed 6-19-97; 8:45 am]

BILLING CODE 3510-DS-P