Calcium Aluminate Flux From France; Amended Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-812]

Calcium Aluminate Flux From France; 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.

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

SUMMARY: On February 4, 1997, the Department of Commerce (the

Department) published the final results of its administrative review of

the antidumping duty order on calcium aluminate flux (CA flux) from

France (62 FR 5200). The period of review is June 15, 1994 through May

31, 1995. On February 18, 1997, the sole respondent, Lafarge

Aluminates, and its U.S. subsidiary, Lafarge Calcium Aluminates, Inc.

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

correct a ministerial error in these final results. We are publishing

this amendment to the final results of review in accordance with 19 CFR

353.28(c).

EFFECTIVE DATE: March 28, 1997.

FOR FURTHER INFORMATION CONTACT:

Maureen McPhillips 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) 482-3019 or (202) 482-3833,

respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

Unles 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

Imports covered by this review are shipments of CA Flux, other than

white, high purity CA flux. This product contains by weight more than

32 percent but less than 65 percent alumina and more than one percent

each of iron and silica.

CA flux is currently classified under the Harmonized Tariff

Schedule of the United States (HTSUS) subheading 2523.10.0000. The

HTSUS is provided for convenience and U.S. Customs' purposes only. The

written description of the scope of this order remains dispositive.

This review covers the period June 15, 1994 through May 31, 1995.

Ministerial Error in Final Results of Review

After reviewing Lafarge's allegation of a ministerial error in the

Department's final results of CA flux from France, we agree that

misplaced parentheses in the computer program resulted in the failure

to multiply the per-unit U.S. cost of manufacture (COM) by the quantity

when calculating the U.S. cost of goods sold (COGS) to derive profit

based on the total costs, total revenues, and total expenses for all

subject merchandise during the period of review. The intent of the

Department was clearly to include total, not per-unit, revenue, costs

and expenses in the profit calculation as we did for revenue, and all

components of selling expenses and movement charges. For these amended

final results we have multiplied all components of the COGS, including

the COM, by the quantity in order to correctly include the total COGS

in the calculation of profit.

[[Page 14886]]

Amended Final Results of Review

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

determined the margin to be:

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

Margin

Company Period of review (percent)

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

Lafarge Fondu Inter'l, Inc................ 6/15/94-5/31/95 11.71

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

The Customs Service shall assess antidumping duties on all

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

normal value may vary from the percentages 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

Lafarge will be the rate indicated above; (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 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 (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 37.93 percent, the ``all-others'' rate established in the

LTFV investigation, 59 FR 5994 (February 9, 1994).

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

reimbursement 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 regulations 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: March 20, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-7964 Filed 3-27-97; 8:45 am]

BILLING CODE 3510-DS-M