Certain Cut-to-Length Carbon Steel Plate From Brazil: Amendment of Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-817]

Certain Cut-to-Length Carbon Steel Plate From Brazil: 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: On March 16, 1998, the Department of Commerce (``the

Department'') published the final results of its administrative review

of the antidumping duty order on Certain Cut-to-Length Carbon Steel

Plate from Brazil (63 FR 12744) covering the period August 1, 1995

through July 31, 1996. Based on the correction of certain ministerial

errors made in the final results, we are publishing this amendment.

EFFECTIVE DATE: April 27, 1998.

FOR FURTHER INFORMATION CONTACT: Samantha Denenberg or Linda Ludwig,

Office of AD/CVD Enforcement, Group III, Import Administration,

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

Street and Constitution Avenue, NW, Washington, D.C. 20230; telephone

(202) 482-0414 or 482-3833, respectively.

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 by the Uruguay

Round Agreements Act (``URAA''). In addition, unless otherwise

indicated, all references to the Department's regulations are to 19 CFR

Part 353 (April 1, 1997).

[[Page 20571]]

Scope of This Review

The products covered by this administrative review constitute one

``class or kind'' of merchandise: certain cut-to-length carbon steel

plate. These products include hot-rolled carbon steel universal mill

plates (i.e., flat-rolled products rolled on four faces or in a closed

box pass, of a width exceeding 150 millimeters but not exceeding 1,250

millimeters and of a thickness of not less than 4 millimeters, not in

coils and without patterns in relief), of rectangular shape, neither

clad, plated nor coated with metal, whether or not painted, varnished,

or coated with plastics or other nonmetallic substances; and certain

hot-rolled carbon steel flat-rolled products in straight lengths, of

rectangular shape, hot rolled, neither clad, plated, nor coated with

metal, whether or not painted, varnished, or coated with plastics or

other nonmetallic substances, 4.75 millimeters or more in thickness and

of a width which exceeds 150 millimeters and measures at least twice

the thickness, as currently classifiable in the Harmonized Tariff

Schedule (HTS) under item numbers 7208.40.3030, 7208.40.3060,

7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000,

7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030,

7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and

7212.50.0000. Included are flat-rolled products of nonrectangular

cross-section where such cross-section is achieved subsequent to the

rolling process (i.e., products which have been ``worked after

rolling'')--for example, products which have been beveled or rounded at

the edges. Excluded is grade X-70 plate. These HTS item numbers are

provided for convenience and Customs purposes. The written description

remains dispositive.

The POR is August 1, 1995, through July 31, 1996. This review

covers entries of Certain Cut-to-Length Carbon Steel Plate by Usinas

Siderurgicas de Minas Gerais (``USIMINAS'') and Companhia Siderurgica

Paulista (``COSIPA''). These two producers/exporters have been

collapsed (``USIMINAS/COSIPA'') and are being treated as one entity for

the purpose of this review.

Background

On March 16, 1998, the Department published the final results of

its administrative review of the antidumping duty order on Certain Cut-

to-Length Carbon Steel Plate from Brazil (63 FR 12744). This review

covers one manufacturer/exporter of the subject merchandise, Usinas

Siderurgicas de Minas Gerais (``USIMINAS'') and Companhia Siderurgica

Paulista (``COSIPA''), for the period August 1, 1995 through July 31,

1996. After publication of our final results, we received timely

allegations from the petitioners that we had made ministerial errors in

calculating the final results. USIMINAS/COSIPA did not file a rebuttal

to the petitioners' ministerial error allegations. We have corrected

our calculations, in which we agree that we made ministerial errors, in

accordance with section 751((h) of the Tariff Act.

In the final results, the ``all others'' cash deposit rate was

incorrectly stated to be 36.00 percent. The correct ``all others'' rate

(from the LTFV investigation) is 75.54 percent. See Final Determination

of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel

Plate from Brazil, 58 FR 37091 (July 9, 1993).

Analysis of Ministerial Error Allegations Received From Interested

Parties

We received two ministerial error allegations from petitioners.

First, petitioners contend that the Department did not consistently

change the variable name for USIMINAS' home market inland freight

expense for all pertinent programs. In the final results, the

Department included USIMINAS' INFLFTCH field in the proper calculation

strands of the model match program, but did not make the corresponding

corrections in the arm's length program. Petitioners further noted that

COSIPA's INLFTCH field (also home market inland freight expense) should

also be included in the movement expense calculation string.

As defined by section 751(h) of the Act, the term ``ministerial

error'' includes errors ``in addition, subtraction, or other arithmetic

function, clerical errors resulting from inaccurate copying,

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

which the [Department] considers ministerial.'' We agree with

petitioners that USIMINAS' INFLFTCH field and COSIPA's INLFTCH field

should be included in the proper calculation strings in the arm's

length program. We have made the suggested corrections for the amended

final results.

Second, petitioners contend that the length of the customer code

field defined in the arm's length program was insufficient. Petitioners

state that the length statement for CUSCODH needs to be changed so that

the results of the arm's length program are correctly applied to the

model match program.

We agree with petitioners that the length statement for the

customer code field needs to be changed. We have made the suggested

corrections for the amended final results.

Amended Final Results of Review

We determine that the following weighted-average margin exists:

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

Margin

Manufacturer/exporter Period of review (percent)

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Usinas Siderurgicas de Minas

Gerais (``USIMINAS'')............ 08/01/95-07/31/96 11.70

Companhia Siderurgica Paulista

(``COSIPA'')..................... 08/01/95-07/31/96 11.70

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The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. We will

calculate importer-specific ad valorem duty assessment rates based on

the entered value of each entry of subject merchandise during the POR.

We will direct the Customs Service to collect cash deposits of

estimated antidumping duties on all appropriate entries. The amended

deposit requirements are effective for all shipments of the subject

merchandise entered, or withdrawn from warehouse, for consumption on or

after the date of publication date of this notice and will remain in

effect until the publication of the final results of the next

administrative review.

This notice serves as a 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 this review period. Failure to comply with this

requirement could result in the Secretary's presumption that

reimbursement of antidumping duties

[[Page 20572]]

occurred and 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

of return/destruction of APO materials or conversion to judicial

protective order is hereby requested. Failure to comply with the

regulations and the terms of an APO is a sanctionable violation. Timely

written notification of the return/destruction of APO materials or

conversion to judicial protective order is hereby requested.

This 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

353.22.

Dated: April 16, 1998.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 98-11149 Filed 4-24-98; 8:45 am]

BILLING CODE 3510-DS-P