Notice of Amended Preliminary Determination of Sales at Less Than Fair Value: Stainless Steel Wire Rod From Taiwan

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-828]

Notice of Amended Preliminary Determination of Sales at Less Than

Fair Value: Stainless Steel Wire Rod From Taiwan

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

Department of Commerce.

EFFECTIVE DATE: April 7, 1998.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Alexander Amdur,

Import Administration, International Trade Administration, U.S.

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

Washington, D.C. 20230; telephone: (202) 482-4740 or (202) 482-5346,

respectively.

The 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. In addition, unless otherwise

indicated, all citations to the Department of Commerce's (the

Department's) regulations are references to 19 CFR part 351 (62 FR

27296 (May 19, 1997)).

Amended Preliminary Determination

We are amending the preliminary determination of sales at less than

fair value for stainless steel wire rod (SSWR) from Taiwan to reflect

the correction of ministerial errors made in the margin calculations in

that determination. We are publishing this amendment to the preliminary

determination pursuant to 19 CFR 351.224(e).

[[Page 16973]]

Case History

On February 25, 1998, the Department preliminarily determined that

SSWR from Taiwan is being, or is likely to be, sold in the United

States at less than fair value (63 FR 10836, March 5, 1998). On March

5, 1998, we disclosed our calculations for the preliminary

determination to counsel for Walsin Cartech Specialty Steel Corporation

(Walsin), Yieh Hsing Enterprise Corporation, Ltd. (Yieh Hsing) and the

petitioners.

On March 12, 1998, we received a submission, timely filed pursuant

to 19 CFR 351.224(c)(2), from Yieh Hsing, alleging ministerial errors

in the Department's preliminary determination. In its submission, Yieh

Hsing requested that these errors be corrected and an amended

preliminary determination be issued reflecting these changes. We did

not receive ministerial error allegations from the other respondent or

from the petitioners.

Amendment of Preliminary Determination

The Department's regulations provide that the Department will

correct any significant ministerial error by amending the preliminary

determination. See 19 CFR 351.224(e). A significant ministerial error

is an error the correction of which, either singly or in combination

with other errors:

(1) Would result in a change of at least five absolute percentage

points in, but not less than 25 percent of, the weighted-average

dumping margin calculated in the original (erroneous) preliminary

determination; or

(2) Would result in a difference between a weighted-average dumping

margin of zero (or de minimis) and a weighted-average dumping margin of

greater than de minimis, or vice versa. See 19 CFR 351.224(g).

After analyzing Yieh Hsing's submission, we have determined that

ministerial errors were made in the margin calculation for Yieh Hsing

in the preliminary determination. Specifically, we inadvertently used

programming language that incorrectly applied a second billet cost

adjustment factor for certain steel grades after these grades had

already been correctly adjusted with grade-specific adjustments.

Furthermore, we also inadvertently double-counted interest revenue in

calculating normal value.

Yieh Hsing also alleged that the Department made ministerial errors

by double-counting another billet cost adjustment; double-counting the

billet cost for a specific grade of billets; triple-counting a grinding

loss adjustment; and failing to use weighted-average U.S. prices. The

Department has determined that these are not ministerial errors under

19 CFR 351.224(f). See Memorandum To Holly Kuga From The Team, dated

March 26, 1998, for a detailed discussion of Yieh Hsing's ministerial

errors allegations and the Department's analysis.

Because the correction of the two ministerial errors results in a

change of at least five absolute percentage points in, and not less

than 25 percent of, the weighted-average dumping margin calculated for

Yieh Hsing in the original (erroneous) preliminary determination, the

Department hereby amends its preliminary determination to correct these

errors. In addition, we have recalculated the ``All Others Rate.'' The

revised weighted-average dumping margins are as follows:

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

Weighted-

average

Exporter/manufacturer margin

percentage

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

Walsin Cartech Specialty Steel Corporation................. 27.81

Yieh Hsing Enterprise Corporation, Ltd..................... 2.42

All Others................................................. 12.09

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

Suspension of Liquidation

In accordance with section 733(d)(2) of the Act, the Department

will direct the U.S. Customs Service to continue to require a cash

deposit or posting of bond on all entries of subject merchandise from

Taiwan that are entered, or withdrawn from warehouse, for consumption

on or after the date of publication of this notice in the Federal

Register at the rates indicated above. The suspension of liquidation

will remain in effect until further notice. The revised company-

specific rate for Yieh Hsing and the ``All Others'' rate, as well as

those rates which have not changed, are listed above.

International Trade Commission Notification

In accordance with section 733(f) of the Act, we have notified the

International Trade Commission of the amended preliminary

determination.

This amended preliminary determination is published pursuant to

section 777(i) of the Act.

Dated: March 30, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-8977 Filed 4-6-98; 8:45 am]

BILLING CODE 3510-DS-P