Certain Cut-to-Length Carbon Steel Plate From Finland: Amended Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE

International Trade Administration

[A-405-802]

Certain Cut-to-Length Carbon Steel Plate From Finland: Amended

Final Determination of Sales at Less Than Fair Value

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final court decision and amended final determination

of sales at less than fair value.

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EFFECTIVE DATE: October 28, 1997.

FOR FURTHER INFORMATION CONTACT: Daniel Manzoni or David J. Goldberger,

Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, NW,

Washington, DC 20230; telephone (202) 482-1121 or (202) 482-4136,

respectively.

SUMMARY: On May 13, 1997, the Court of International Trade affirmed the

Department of Commerce's final remand results in Rautaruukki Oy v.

United States, Consol. Court No. 93-09-00560-AD, arising out of the

Department's final determination of sales at less than fair value in

the antidumping investigation of certain cut-to-length carbon steel

plate from Finland. As there is now a final and conclusive court

decision in this action, we are amending our final determination of

sales at less than fair value and we will instruct the U.S. Customs

Service to change the appropriate cash deposit rate.

SUPPLEMENTARY INFORMATION:

Background

On July 9, 1993, the Department of Commerce (the Department)

published its final determination in its investigation of sales at less

than fair value (LTFV) of certain cut-to-length carbon steel plate from

Finland (58 FR 37122). On August 19, 1993, the Department published an

amended final determination (58 FR 44165).

Subsequently, respondent Rautauruukki Oy and petitioner Inland

Steel Industries, Inc, and a number of other interested parties, filed

lawsuits with the Court of International Trade (the Court) challenging

the final determination. On March 31, 1995, the Court remanded the case

to the Department and ordered the Department to recalculate the value

added tax (VAT) according to the Department's new methodology. See

Rautaruukki Oy v. United States, Slip Op. 95-56, (CIT, March 31, 1995).

Specifically, the Court ordered that the Department revise its dumping

margin calculation by multiplying the Finnish VAT rate by United States

price (USP) and then increasing USP by the resulting amount.

On remand, in accordance with Federal-Mogul Corp. and The

Torrington Co. v. United States, Slip Op. 93-194 (CIT, October 7,

1993), the Department recalculated the margins in this case by applying

the foreign market tax rate to the price of the United States

merchandise at the same point in the chain of commerce that the foreign

market tax was applied to foreign market sales.

On May 13, 1997, the Court affirmed the final remand results. See

Rautaruukki Oy v. United States, Slip Op. 97-56 (CIT, May 13, 1997). As

there is now a final and conclusive court

[[Page 55783]]

decision in this action we are amending our final determination, and we

will subsequently instruct the U.S. Customs Service to change the

appropriate cash deposit requirements entries subject to this

investigation.

Amendment to Final Determination

Pursuant to 516A(e) of the Tariff Act of 1930, as amended, (the

Act) we are now amending the final results of this investigation of

certain cut-to-length carbon steel plate from Finland.

The recalculated weighted-average margins are as follows:

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

Margin

Producer/manufacturer/exporter percentage

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

Rautaruukki Oy.............................................. 40.36

All Others.................................................. 40.36

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In August 1993, the U.S. International Trade Commission (the

Commission) determined that imports of certain cut-to-length carbon

steel plate from Finland materially injure a U.S. industry. As a

consequence of the Commission's affirmative determination, these

products were subject to an antidumping duty order. Since publication

of the LTFV final determination and order, the Department has

completed, pursuant to Section 751 of the Act, first and second

administrative reviews of the antidumping order. As a result, this

amended final determination does not necessitate a change in cash

deposit rates nor liquidation of the subject merchandise as the order

relates to Rautaruukki Oy. However, the Department will instruct the

U.S. Customs Service to change the appropriate cash deposit

requirements to 40.36 percent of the entered value of the subject

merchandise for all other producers/exporters.

Dated: October 22, 1997.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 97-28542 Filed 10-27-97; 8:45 am]

BILLING CODE 3510-DS-P