Certain Cut-to-Length Carbon Steel Plate From Finland; Notice of Amended Final Results of Administrative Review in Accordance With Final Court Decision

DEPARTMENT OF COMMERCE

International Trade Administration

[A-405-802]

Certain Cut-to-Length Carbon Steel Plate From Finland; Notice of

Amended Final Results of Administrative Review in Accordance With Final

Court Decision

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Amended Final Results of Administrative Review in

Accordance with Final Court Decision on Certain Cut-to-Length Carbon

Steel Plate from Finland.

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SUMMARY: On April 27, 1999, the U.S. Court of International Trade

affirmed in part and reversed in part the Department of Commerce's

remand determination of the final results of the antidumping duty

administrative review of certain cut-to-length carbon steel plate from

Finland. As there is now a final and conclusive court decision in this

action, we are amending our final results.

EFFECTIVE DATE: December 8, 1999.

FOR FURTHER INFORMATION CONTACT: Charles Rast or Linda Ludwig, Import

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

Commerce, 14th Street and Constitution Avenue, NW., Washington, DC

20230; telephone: (202) 482-1324 and (202) 482-3833, respectively.

SUPPLEMENTAL INFORMATION:

Background

On April 15, 1997, the Department of Commerce (the Department)

published the final results of the second administrative review in

Certain Cut-to-Length Carbon Steel Plate from Finland, 62 FR 18468

(April 15, 1997) (Final Results), covering the period August 1, 1994

through July 31, 1995. In the Final Results the Department treated

subject merchandise produced to different grade ``A'' shipbuilding

specifications as non-identical merchandise. The Department also used

facts available as normal value (NV) for home market sales of wide flat

products or beveled plate. The Department used as facts available 32.80

percent ad valorem, the weighted-average duty rate from the original

less than fair value (LTFV) investigation.

Subsequent to the publication of the Department's Final Results,

both respondent Rautaruukki Oy (Rautaruukki) and petitioners appealed

the Final Results to the U.S. Court of International Trade (the Court).

Respondent argued that the Department should have treated all grade

``A'' shipbuilding steel as identical merchandise. Petitioners argued

that, as facts available, the Department should have used the rate

which resulted from the court challenge to the original LTFV

investigation. See Rautaruukki Oy v. United States, Slip Op. 97-56

(CIT, May 13, 1997); Certain Cut-to-Length Carbon Steel Plate from

Finland: Amended Final Determination of Sales at Less Than Fair Value,

62 FR 55782, 55783 (October 28, 1997).

Based on these challenges the Court remanded the Final Results. See

[[Page 68670]]

Rautaruukki Oy v. United States, Slip Op. 98-112 (CIT, August 4, 1998).

On remand, the Court instructed the Department to (1) use as facts

available for wide flats and beveled plate products the revised

weighted-average rate of 40.36 percent from the original investigation,

and (2) obtain additional grade ``A'' shipbuilding plate information

from the respondent Rautaruukki and reconsider its decision on

identical product matches.

On October 30, 1998, the Department filed its remand determination

with the Court. In its determination, the Department maintained that

the specifications for grade ``A'' shipbuilding steel in this case are

not identical for model-match purposes. The Department noted that, in

any event, treating grade ``A'' shipbuilding plate produced to

different specifications as identical merchandise would not have

affected the calculated dumping margin. Additionally, the Department

used a partial facts available rate of 40.36 percent which resulted in

a margin of 30.70 percent for the period August 1, 1994 through July

31, 1995.

On April 27, 1999, the Court sustained the Department's use of the

revised partial facts available rate in recalculating a weighted-

average duty rate. The Court reversed the Department's remand

determination as it relates to the treatment of grade ``A''

merchandise. In this regard, the Court instructed Commerce to

recalculate the dumping margin, treating all grade ``A'' steel plate as

identical merchandise. See Rautaruukki Oy v. United States, Slip Op.

99-39 (CIT, April 27, 1999). Despite this instruction, the Court did

not remand the final results to the Department, nor did the Court

request that the Department inform the Court of its actions.

Pursuant to the Court's order, we have placed on the record in this

case the margin calculation program in which we treated all grade ``A''

shipbuilding steel plate as identical merchandise. The results of the

recalculation did not affect the margin calculation specified in the

Department's remand determination.

Amendment to Final Results of Review

Because there is now a final and conclusive decision in the court

proceeding, effective as of the publication date of this notice, the

following final weighted-average dumping margin exists:

Certain Cut-to-Length Carbon Steel

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Weighted-

Producer/Manufacturer/exporter average

margin

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Rautaruukki Oy............................................. 30.70

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The Department will instruct the Customs Service to change the cash

deposit requirements in accordance with the above rate and assess

antidumping duties on all appropriate entries. The Department will

issue appraisement instructions directly to the Customs Service.

Dated: November 10, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 99-31796 Filed 12-7-99; 8:45 am]

BILLING CODE 3510-DS-P