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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-401-805]

Amended Final Results of Antidumping Duty Administrative Review:

Certain Cut-to-Length Carbon Steel Plate From Sweden

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Amended final results of administrative review.

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SUMMARY: On January 13, 1998, the United States Court of International

Trade affirmed the Department of Commerce's final remand results

affecting the final assessment rate for the 1993/94 administrative

review in the case of certain cut-to-length carbon steel plate from

Sweden. SSAB Svenkst Stal AB v. United States, Slip Op. 98-3 (CIT

January 13, 1998). As there is now a final and conclusive court

decision in this action, we are amending our final results of review,

and we will instruct the U.S. Customs Service to liquidate entries

subject to this review.

EFFECTIVE DATE: May 18, 1998.

FOR FURTHER INFORMATION CONTACT: Carrie Blozy or Stephen Jacques,

Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230; telephone: (202) 482-0374 or 482-1391,

respectively.

Applicable Statue

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (``the Tariff Act''), are references to the provisions

in effect as of December 31, 1994. In addition, unless otherwise

indicated, all citations

[[Page 27261]]

to the Department of Commerce's (``the Department's'') regulations are

to the regulations as codified at 19 CFR Part 353 (April 1, 1997).

SUPPLEMENTARY INFORMATION:

Background

On April 9, 1996, the Department published its final results of

administrative review in the case of Certain Cut-to-Length Carbon Steel

Plate from Sweden; Final Results of Antidumping Duty Administrative

Review, 61 FR 15772 (``Final Results''). The review covered one

manufacturer/exporter, SSAB Svenskt Stal AB (``SSAB''), of the subject

merchandise for the period February 4, 1993, through July 31, 1994.

Subsequently, SSAB filed a lawsuit with the U.S. Court of International

Trade (``CIT'') challenging the results.

In the context of this litigation, the Department requested a

remand to reconsider the propriety of making an adjustment for post-

sale price adjustments (``PSPAs''). The CIT granted this remand on

August 29, 1997. On remand, through an examination of the record, the

Department found that all rebates were made on either a fixed or

constant percentage-of-sales value or on a fixed and constant Swedish

Kroner-per-ton of total tonnage sold. Therefore, the Department

determined that these PSPAs qualified as adjustments to foreign market

value.

The Department filed its redetermination with the Court of

International Trade (``CIT'') on October 29, 1997. See Final Results of

Redetermination on Remand, SSAB Svenskt Stal AB v. United States, Court

No. 96-05-01372, Slip Op. 97-123 (August 29, 1997) (``Remand

Results''). In its Remand Results, the Department stated that it would

``instruct the Customs Service to collect cash deposits at the above

rate [of 7.25%] for entries from SSAB of cut-to-length carbon steel

plate from Sweden'' (Remand Results at 4). Since then, parties and the

CIT have agreed that such instructions would be incorrect because the

Department has published subsequent administrative reviews that govern

future cash deposits. Therefore, cash deposit rates will be governed

not by the rate published in the Remand Results, but by the most

recently completed administrative review, according to the Department's

normal procedures. See Certain Cut-to-Length Carbon Steel Plate from

Sweden; Final Results of Antidumping Duty Administrative Review, 62 FR

46947 (September 5, 1997).

On January 13, 1998, the CIT affirmed the Department's final remand

results (with the exception noted above), Slip Op. 98-3. As there is

now a final and conclusive court decision in this action, we are

amending our final results of review in this matter and we will

instruct the U.S. Customs Service to liquidate entries subject to this

review in accordance with the remand results.

Amendment to Final Results

Pursuant to 516A(e) of the Tariff Act, we are now amending the

final results of administrative review of the antidumping duty order on

certain cut-to-length carbon steel plate from Sweden for the period

February 4, 1993, through July 31, 1994. As a result of the remand

determination, the final weighted-average margin for SSAB is as

follows:

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

Margin

Manufacturer/exporter (percent)

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SSAB........................................................ 7.25

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Accordingly, the Department shall determine, and the U.S. Customs

Service shall assess appropriate antidumping duties on entries of the

subject merchandise manufactured by SSAB. We calculated an importer-

specific ad valorem duty assessment rate for the merchandise based on

the ratio of the total amount of antidumping duties calculated for the

examined sales during the POR to the total quantity of sales examined

during the POR. To determine the amount of antidumping duties on those

U.S. sales for which the Department assigned a margin based on the best

information available (``BIA''), we calculated a unit duty rate (based

on the BIA rate of 24.23%) for all BIA sales. Consequently, the

assessment rate for SSAB represents a weighted-average of the total

amount of antidumping duties for non-BIA sales and the total amount of

antidumping duties for BIA sales. Individual differences between U.S.

price and normal value may vary from the percentages stated above. The

Department will issue appraisement instructions to the U.S. Customs

Service after publication of this amended final results of review.

This determination is issued and published in accordance with

sections 751(a)(1) and 777(i)(1) of the Tariff Act.

Dated: May 7, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-13047 Filed 5-15-98; 8:45 am]

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