Stainless Steel Plate From Sweden: Amended Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-401-040]

Stainless Steel Plate From Sweden: 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.

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SUMMARY: On November 16, 1998, the Department of Commerce (the

Department) published the final results of review in the antidumping

duty administrative review on stainless steel plate from Sweden (63 FR

63706). The review covers two manufacturers/ exporters (Avesta

Sheffield AB (Avesta) and Uddeholm Tooling AB, Bohler-Uddeholm

Corporation and Uddeholm Limited (collectively Uddeholm)) of the

subject merchandise to the United States and the period June 1, 1996

through May 31, 1997.

On November 19, 1998, pursuant to section 351.224(c) of the

Department's regulations, Avesta filed a ministerial error allegation

regarding the Department's implementation of the constructed export

price (CEP) offset in calculating a margin for Avesta in the final

results of the review. The Department is publishing these amended final

results to correct this ministerial error.

EFFECTIVE DATE: December 31, 1998.

FOR FURTHER INFORMATION CONTACT: John Totaro or Nithya Nagarajan,

Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, NW.,

Washington, DC 20230; telephone (202) 482-1374 and (202) 482-4243,

respectively.

Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

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

effective January 1, 1995, the effective date of the amendments made to

the Act by the Uruguay Round Agreements Act (``URAA''). In addition,

unless otherwise indicated, all citations to the Department's

regulations are references to the provisions codified at 19 CFR Part

351 (1998), 62 FR 27296 (May 19, 1997).

Ministerial Error in the Final Results of Review

For purposes of calculating the antidumping margin for Avesta for

the POR, as published in the final results, the Department's margin

calculation program calculated a CEP offset in accordance with the

Department's regulations. However, Avesta alleged that the Department's

final results margin calculation program defined the indirect selling

expense variable INDEXUS but did not similarly define the variable

INDEXPU. Avesta argues that the Department incorrectly tied the CEP

offset to INDEXPU instead of INDEXUS. As a result, Avesta's CEP offset

was always equal to zero. Avesta alleged that, as a result of this

ministerial error, Avesta did not receive the CEP offset to which it

was otherwise entitled. Petitioners have not objected to this

allegation of ministerial error.

The Department examined the margin calculation program, and we

agree with Avesta that this is a clerical error within the meaning of

19 CFR 351.224(f), i.e., a clerical error in connecting the calculation

of CEP offset to the variable INDEXPU instead of INDEXUS in the margin

calculation program. We have corrected the program so that the CEP

offset calculation properly references the variable INDEXUS, rather

than INDEXPU.

Amended Final Results of Review

Upon correction of the ministerial error described above, Avesta's

margin, as published in the Federal Register on November 16, 1998, has

been revised from 25.05 percent to 22.67 percent for the period June 1,

1996 through May 31, 1997. The final results margin for Uddeholm

remains unchanged. We will instruct the Customs Service accordingly.

The Department shall determine, and the U.S. Customs Service shall

assess, antidumping duties on all appropriate entries. The Department

shall issue appraisement instructions directly to the Customs Service.

For assessment purposes, we have calculated importer-specific duty

assessment rates 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 entered value of sales examined during the POR.

Individual differences between U.S. price and normal value may vary

from the percentages stated above. As a result of this review, we have

determined that the importer-specific duty assessments rates are

necessary.

Furthermore, the following deposit requirements shall be effective

upon

[[Page 72284]]

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

shipments of stainless steel plate from Sweden entered, or withdrawn

from warehouse, for consumption on or after the publication date, as

provided for by section 751(a)(1) of the Tariff Act: (1) the cash

deposit rate for the reviewed company will be the rate stated above;

(2) for previously investigated or reviewed 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 these reviews, or the original LTFV investigations, 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 these

reviews, the cash deposit rate for this case will continue to be 4.46

percent, which was the ``all others'' rates in the LTFV investigations.

The deposit requirements, 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 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 sections 351.305 and 351.306 of the Department's

regulations. Timely 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.

This amended administrative review and notice are in accordance

with sections 751(a)(1) and 777(i)(1) of the Act (19 U.S.C.

Secs. 1675(a)(1) and 1677(f)(i)(1)) and sections 351.213 and 351.224 of

the Department's regulations.

Dated: December 12, 1998.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 98-34707 Filed 12-30-98; 8:45 am]

BILLING CODE 3510-DS-P