Notice of Amendment of Final Determination of Sales at Less Than Fair Value: Certain Steel Concrete Reinforcing Bars From Turkey

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-807]

Notice of Amendment of Final Determination of Sales at Less Than

Fair Value: Certain Steel Concrete Reinforcing Bars From Turkey

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: April 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Shawn Thompson at (202) 482-1776, or Cameron Werker at (202) 482-3874,

AD/CVD Enforcement, Group II, Office 5, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W., Washington, D.C. 20230.

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 by the Uruguay

Rounds Agreements Act (URAA).

Amendment to the Final Determination

We are amending the final determination of sales at less than fair

value of certain steel concrete reinforcing bars from Turkey, to

reflect the correction of a ministerial error made in the margin

calculation of one of the respondents in that determination. We are

publishing this amendment to the final determination in accordance with

section 353.28(c) of the Department's regulations.

Scope of Investigation

The product covered by this investigation is all stock deformed

steel concrete reinforcing bars (``rebar'') sold in straight lengths

and coils. This includes all hot-rolled deformed rebar, rolled from

billet steel, rail steel, axle steel, or low-alloy steel. It excludes

(i) plain round rebar, (ii) rebar that a processor has further worked

or fabricated, and (iii) all coated rebar. Deformed rebar is currently

classifiable in the Harmonized Tariff Schedule of the United States

(HTSUS) under item numbers 7213.110.00 and 7214.20.00. The HTSUS

subheadings are provided for convenience and customs purposes. The

written description of the scope of this investigation is dispositive.

Case History

In accordance with section 735(d) of the Tariff Act of 1930, as

amended (the Act), on March 4, 1997, the Department published its final

determination that rebar from Turkey was being, or was likely to be,

sold in the United States at less than fair value (62 FR 9737).

Subsequent to the final determination, we received allegations that the

Department made ministerial errors in the margin calculations for one

of the respondents, Habas Sinai Ve Tibbi Gazalar Istihsal Endustrisi

A.S. (Habas).

Amendment of Final Determination

On March 12, 1997, Habas submitted allegations that two ministerial

errors were made in the Department's final determination. Specifically,

Habas asserts that the Department did not incorporate the verified

costs for billets produced by Habas during the first four months of the

POI. In addition, Habas argues that the Department made a manifest

error by changing to constructed value as the basis for normal value,

rather than using the home market sales data that the Department used

for the preliminary determination. On March 19, 1997, petitioners

responded to Habas' ministerial error allegations.

Concerning the allegation with respect to billet costs, we agree

with Habas and have corrected the ministerial error pursuant to section

735(e) of the Act and section 353.28(c) of the Department's

regulations. However, concerning Habas' allegation that the Department

made a ministerial error in rejecting Habas' home market sales data, we

disagree. As described in the Department's final determination, we

fully intended to reject Habas' home market sales data and base normal

value on constructed value. For a detailed discussion of the alleged

ministerial errors and the department's analysis, see, memorandum from

the Team to Louis Apple, Acting Office Director, regarding Ministerial

Error Allegations in the Final Determination of Rebar From Turkey,

dated March 24, 1997. The revised final weighted-average dumping

margins are as follows:

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

Original Revised

final final

Manufacturer/producer/exporter margin margin

percentage percentage

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

Colakoglu....................................... 9.84 9.84

Ekinciler....................................... 18.68 18.68

Habas........................................... 19.15 18.54

IDC............................................. 41.80 41.80

Metas........................................... 30.16 30.16

All Others...................................... 16.25 16.06

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

Continuation of Suspension of Liquidation

In accordance with Sec. 735(c) of the Act, we are directing the

Customs Service to continue to suspend liquidation of all entries of

rebar from all companies except Colakoglu that are entered, or

withdrawn from warehouse, for consumption on or after July 12, 1996,

which is 90 days prior to the date of publication of the notice of the

preliminary determination in the Federal Register. Regarding Colakoglu,

we are directing the Customs Service to continue to suspend liquidation

of all entries of rebar from Colakoglu that are entered, or withdrawn

from warehouse, for consumption on or after October 10, 1996, the date

of publication of our preliminary determination in the Federal

Register. We will instruct the Customs Service to require a cash

deposit or the posting of a bond equal to the weighted-average amount

by which normal value exceeds export price, as indicated in the chart

above. This suspension of liquidation will remain in effect until

further notice.

Notification of International Trade Commission (ITC)

In accordance with Sec. 735(d) of the Act, we have notified the ITC

of our determination. If the ITC determines that material injury, or

threat of material injury, does not exist, the proceeding will be

terminated and all securities posted will be refunded or canceled. If

the ITC determines that such injury does exist, the Department will

issue an antidumping duty order directing Customs officials to assess

antidumping duties on all imports of the subject merchandise entered,

or withdrawn from warehouse, for consumption on or after the effective

date of the suspension of liquidation.

This determination is published pursuant to Sec. 735(d) of the Act.

Dated: March 27, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-8767 Filed 4-4-97; 8:45 am]

BILLING CODE 3510-DS-M