Chrome-Plated Lug Nuts From the People's Republic of China; Amendment of Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-808]

Chrome-Plated Lug Nuts From the People's Republic of China;

Amendment of Final Results of Antidumping Duty Administrative Review

ACTION: Notice of Amendment to Final Results of the Antidumping Duty

Administrative Review of Chrome-Plated Lug Nuts from the People's

Republic of China.

AGENCY: Import Administration, International Trade Administration, U.S.

Department of Commerce.

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SUMMARY: On October 7, 1998, the Department of Commerce (the

Department) published the final results of its administrative review of

the antidumping order on chrome-plated lug nuts (lug nuts) from the

People's Republic of China (PRC). See Chrome-Plated Lug Nuts From the

People's Republic of China; Final Results of Antidumping Duty Review,

63 FR 53872 (October 7, 1998) (final results). The review covered the

period September 1, 1996 through August 31, 1997.

We gave interested parties the opportunity to provide comments

concerning ministerial errors. We received comments from Jiangsu Rudong

Grease Gun Factory (Rudong) alleging a ministerial error. After

considering this comment, we have amended the final results of the

review.

EFFECTIVE DATE: December 1, 1998.

FOR FURTHER INFORMATION CONTACT: Thomas Gilgunn or Maureen Flannery,

Antidumping/Countervailing Duty Enforcement Group III, Office 9, Import

Administration, International Trade Administration, U.S. Department of

Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230;

telephone (202) 482-0648 and (202) 482-3020, respectively.

Applicable Statute

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 (the Act) by the

Uruguay Round Agreements Act. In addition, unless otherwise indicated,

all citations to the Department's regulations are to the provisions

codified at 19 CFR part 353 (April 1, 1997).

Scope of Review

The products covered by this review are one-piece and two-piece

chrome-plated and nickel-plated lug nuts from the PRC. The subject

merchandise includes chrome-plated and nickel-plated lug nuts, finished

or unfinished, which are more than \11/16\ inches (17.45 millimeters)

in height and which have a hexagonal (hx) size of at least \3/4\ inches

(19.05 millimeters) but not over one inch (25.4 millimeters), plus or

minus \1/16\ of an inch (1.59 millimeters). The term ``unfinished''

refers to unplated and/or unassembled chrome-plated lug nuts. The

subject merchandise is used for securing wheels to cars, vans, trucks,

utility vehicles, and trailers. Excluded from the order are zinc-plated

lug nuts, finished or unfinished, stainless steel capped lug nuts, and

chrome-plated lock nuts.

The merchandise under review is currently classifiable under item

7318.16.00 of the Harmonized Tariff Schedule of the United States

(HTSUS). Although the HTSUS subheading is provided for convenience and

customs purposes, the written description of the merchandise is

dispositive.

Amendment of Final Results

Rudong alleges that the Department made a clerical error in

calculating the Indian inflation factor it applied to certain surrogate

Indian data. In the preliminary results, Rudong states, for certain

inputs the Department used surrogate Indian data obtained from the

period September through December 1996. This surrogate Indian data was

adjusted upwards by an average inflation index for the period of

September through December 1996. In the final results, the Department

extended its use of surrogate Indian data to include newly available

data for the months of January through May 1997. Rudong contends that

the Department should have therefore extended its inflation index to

include inflation data for the months of January through May 1997.

We agree with Rudong. The Indian inflation index should cover the

same period as the surrogate Indian data. Therefore, the Indian

inflation index applied to steel wire rod data should be extended to

include the months of January through May 1997. This affects the

calculations of steel wire rod value as this is the only value for

which the data period was expanded in the final results. As defined by

section 751(h)

[[Page 66120]]

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.''

The Department's error in not extending the inflation index period when

it expanded the data period was clearly an oversight of this nature.

Therefore, we are amending the final results.

Amended Final Results of Review

We determine that the following dumping margins exist:

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

Margin

Manufacturer/exporter Time period (percent)

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

Jiangsu Rudong, Grease Gun Factory..... 9/1/96-8/31/97 1.23

PRC-Wide rate.......................... 9/1/96-8/31/97 44.99

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The Department shall determine, and the Customs Service shall

assess, antidumping duties on all appropriate entries. Individual

differences between export price and normal value (NV) may vary from

the percentage stated above for Rudong. We have calculated importer-

specific duty assessment rates for lug nuts by dividing the total

dumping margins (calculated as the difference between NV and export

price) for each importer/customer by the total number of units sold to

that importer/customer. We will direct Customs to assess the resulting

per-unit dollar amount against each unit of merchandise in each of the

importer's/customer's entries during the review period. The Department

will issue appraisement instructions directly to the Customs Service.

Furthermore, the following deposit rates will be effective upon

publication of this notice of final results of review for all shipments

of lug nuts from the PRC entered, or withdrawn from warehouse, for

consumption on or after the publication date, as provided for by

section 751(a)(2)(C) of the Act: (1) for Rudong, which was found to

merit a separate rate for the final results of this review, the cash

deposit rate will be 1.23 percent; (2) for all other PRC exporters, the

cash deposit rate will be the PRC-wide rate; and (3) for non-PRC

exporters of subject merchandise from the PRC, the cash deposit rate

will be the rate applicable to a PRC supplier of that exporter.

These deposit rates, when imposed, shall remain in effect until

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 351.402(f) 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 occurred and subsequent assessment

of double antidumping duties.

Notification to Interested Parties

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 351.306. See 63 FR 24391, 24403 (May 4,

1998). Timely written notification of the 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.

This administrative review and notice are in accordance with

section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 351.221.

Dated: November 23, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-31981 Filed 11-30-98; 8:45 am]

BILLING CODE 3510-DS-P