Certain Corrosion-Resistant Carbon Steel Flat Products and Certain Cut-to-Length Carbon Steel Plate From Canada: Amended Final Results of Antidumping Duty Administrative Reviews and Determination to Revoke in Part

Federal RegisterFeb 16, 1999

Ask Donna

What actually matters in this document.

Text

DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-822, A-122-823]

Certain Corrosion-Resistant Carbon Steel Flat Products and

Certain Cut-to-Length Carbon Steel Plate From Canada: Amended Final

Results of Antidumping Duty Administrative Reviews and Determination to

Revoke in Part

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

Department of Commerce.

ACTION: Notice of Amended Final Results of the Antidumping Duty

Administrative Review of Certain Corrosion-Resistant Carbon Steel Flat

Products and Certain Cut-to-Length Carbon Steel Plate From Canada and

Determination to Revoke in Part.

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

SUMMARY: We are amending our final results of the 1996-97

administrative reviews of the antidumping duty orders on Certain

Corrosion Resistant Carbon Steel Products and Certain Cut-to-Length

Carbon Steel Plate From Canada and Determination to Revoke in Part,

published on January 13, 1999 (64 FR 2173), to reflect the correction

of ministerial errors made in the model match and margin calculation in

the final results for corrosion resistant carbon flat products, and in

the Final Results of Review section of the notice for plate. We are

publishing this amendment to the final results in accordance with 19

CFR 353.28(c).

EFFECTIVE DATE: February 16, 1999.

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Maureen Flannery, Import

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

Commerce, 14th Street and Constitution Avenue, N.W., Washington DC

20230; telephone (202) 482-0197 or (202) 482-3020, respectively.

Applicable Statute

Unless otherwise stated, 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 (URAA). In addition, unless otherwise

indicated, all citations to the Department's regulations are to 19 CFR

part 351 (1998).

SUPPLEMENTARY INFORMATION:

Background

On July 10, 1998, the Department of Commerce (the Department)

published the preliminary results of its 1996-97 administrative reviews

of the antidumping duty orders on certain corrosion-resistant carbon

steel flat products and certain cut-to-length carbon steel plate from

Canada. We published the final results of review on January 13, 1999

(64 FR 2173). On January 22, 1999, we received a timely allegation from

petitioners (Bethlehem Steel Corporation, U.S. Steel Group (a unit of

USX Corporation), Inland Steel Industries, Inc., Gulf States Steel Inc.

of Alabama, Sharon Steel Corporation, Geneva Steel, and Lukens Steel

Company) that the Department made ministerial errors in the final

results. On January 27, 1998, respondent, Dofasco, Inc. and Sorevco,

Inc. (collectively Dofasco), filed a response to petitioners' comments

on ministerial errors.

Scope of Review

The products covered by these administrative reviews constitute two

separate ``classes or kinds'' of merchandise: (1) certain corrosion-

resistant carbon steel flat products, and (2) certain cut-to-length

carbon steel plate.

The first class or kind, certain corrosion-resistant steel,

includes flat-rolled carbon steel products, of rectangular shape,

either clad, plated, or coated with corrosion-resistant metals such as

zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys,

whether or not corrugated or painted, varnished or coated with plastics

or other nonmetallic substances in addition to the metallic coating, in

coils (whether or not in successively superimposed layers) and of a

width of 0.5 inch or greater, or in straight lengths which, if of a

thickness less than 4.75 millimeters, are of a width of 0.5 inch or

greater and which measures at least 10 times the thickness or if of a

thickness of 4.75 millimeters or more are of a width which exceeds 150

millimeters and measures at least twice the thickness, as currently

classifiable in the Harmonized Tariff Schedule (HTS) under item numbers

7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0090,

7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090,

7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030,

7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000,

7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000, 7215.90.5000,

7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030,

7217.90.5060, and 7217.90.5090. Included in this review are corrosion-

resistant flat-rolled products of non-rectangular cross-section where

such cross-section is achieved subsequent to the rolling process (i.e.,

products which have been ``worked after rolling'')--for example,

products which have been beveled or rounded at the edges. Excluded from

this review are flat-rolled steel products either plated or coated with

tin, lead, chromium, chromium oxides, both tin and lead (``terne

plate''), or both chromium and chromium oxides (``tin-free steel''),

whether or not painted, varnished or coated with plastics or other

nonmetallic substances in addition to the metallic coating. Also

excluded from this review are clad products in straight lengths of

0.1875 inch or more in composite thickness and of a width which exceeds

150 millimeters and measures at least twice the thickness. Also

excluded from this review are certain clad stainless flat-rolled

products, which are three-layered corrosion-resistant carbon steel

flat-rolled products less than 4.75 millimeters in composite thickness

that consist of a carbon steel flat-rolled product clad on both sides

with stainless steel in a 20%-60%-20% ratio.

The second class or kind, certain cut-to-length plate, includes

hot-rolled carbon steel universal mill plates (i.e., flat-rolled

products rolled on four faces or in a closed box pass, of a width

exceeding 150 millimeters but not exceeding 1,250 millimeters and of a

thickness of not less than 4 millimeters, not in coils and without

patterns in relief), of rectangular shape, neither clad, plated nor

coated with metal, whether or not painted, varnished, or coated with

plastics or other nonmetallic substances; and certain hot-rolled carbon

steel flat-rolled products in straight lengths, of rectangular shape,

hot rolled, neither clad, plated, nor coated with metal, whether or not

[[Page 7623]]

painted, varnished, or coated with plastics or other nonmetallic

substances, 4.75 millimeters or more in thickness and of a width which

exceeds 150 millimeters and measures at least twice the thickness, as

currently classifiable in the HTS under item numbers 7208.40.3030,

7208.40.3060, and 7208.51.0030, 7208.51.0045, 7208.51.0060,

7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000,

7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000,

7212.40.5000, 7212.50.0000. Included in this review are flat-rolled

products of non-rectangular cross-section where such cross-section is

achieved subsequent to the rolling process (i.e., products which have

been ``worked after rolling'')--for example, products which have been

beveled or rounded at the edges. Excluded from this review is grade X-

70 plate. Also excluded is cut-to-length carbon steel plate meeting the

following criteria: (1) 100% dry steel plates, virgin steel, no scrap

content (free of Cobalt-60 and other radioactive nuclides); (2) .290

inches maximum thickness, plus 0.0, minus .030 inches; (3) 48.00 inch

wide, plus .05, minus 0.0 inches; (4) 10 foot lengths, plus 0.5, minus

0.0 inches; (5) flatness, plus/minus 0.5 inch over 10 feet; (6) AISI

1006; (7) tension leveled; (8) pickled and oiled; and (9) carbon

content, 0.3 to 0.8 (maximum).

With respect to both classes or kinds, the HTS item numbers are

provided for convenience and Customs purposes. The written description

remains dispositive of the scope of these reviews.

Amended Final Results

On January 22, 1999, petitioners alleged that the Department made

ministerial errors in calculating the final antidumping duty margin

with respect to Dofasco, one of the respondents in the review of

corrosion-resistant steel. Petitioners alleged that the fields

referenced in certain lines of the model match section of the program

do not correspond to the fields established earlier in the program to

weight the various reduction processes. We agree that we did not use

the proper values for the weights for the reduction process, to

coincide with the reporting requirements reflected in the Department's

letter to respondent of November 7, 1997. We have amended the final

results by replacing the incorrect values of the weights with the

correct ones.

We also agree with petitioners that we incorrectly calculated the

total U.S. direct selling expenses before we calculated a revised U.S.

credit expense in the margin calculation program. Dofasco commented

that petitioners failed to take into consideration the currency

conversion calculation in their proposed language for the credit

expense calculation. We have moved the revised credit expense

calculation so that the revised credit expenses will be included in the

calculation of the U.S. direct selling expenses. We further agree with

petitioner that the program did not adjust for missing values in the

actual payment days field. We have changed the language in the margin

program to include the missing values. We also agree with Dofasco's

comment, however, and our credit calculation reflects currency

conversion. As a result of these corrections, the margin for corrosion-

resistant carbon steel flat products from Canada for Dofasco has

changed from 0.98 percent to 1.00 percent. No other margins were

affected.

We also note that the Department inadvertently included Stelco Inc.

(Stelco) in its language concerning the revocation of the antidumping

duty order on certain cut-to-length carbon steel plate from Canada in

the Final Results of the Review section of the final results notice. As

clearly outlined in the section Determination Not to Revoke in Part:

Stelco Cut-to-Length Carbon Steel Plate and Corrosion-Resistant Steel

Flat Products, and Determination to Revoke in Part: Algoma Cut-To-

Length Carbon Steel Plate, and our response to petitioners' comment 2,

we are not revoking the order in part with respect to Stelco.

Amended Final Results of Review

Upon review of the submitted allegation, the Department has

determined that the following margins exist for the period August 1,

1996, through July 31, 1997:

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

Margin

Manufacturer/exporter (percent)

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

Corrosion Resistant Steel:

Dofasco.................................................. 1.00

CCC...................................................... 2.26

Stelco................................................... 2.73

Cut-to-Length Plate:

Algoma................................................... *0.23

MRM...................................................... 0.00

Stelco................................................... 0.00

Forsyth.................................................. 68.70

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

*De minimis.

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

assess, antidumping duties on all appropriate entries. For assessment

purposes, we have calculated importer-specific ad valorem duty

assessment rates for the merchandise based on the ratio of the total

amount of antidumping duties calculated for the examined sales to the

total quantity of sales examined. The Department will issue

appraisement instructions directly to the Customs Service.

Furthermore, the following deposit requirements will be effective

upon publication of these final results for all shipments of the

subject merchandise entered, or withdrawn from warehouse, for

consumption on or after the publication date as provided by section

751(a)(1) of the Act: (1) The cash deposit rate for each reviewed

company will be the rates stated above (except that no deposit will be

required for firms with zero or de minimis margins, i.e., margins less

than 0.5 percent); (2) for exporters not covered in this review, but

covered in the less-than-fair-value (LTFV) investigation or a previous

review, 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 this review, a previous review, or the original LTFV

investigation, 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) the cash deposit rate for all other

manufacturers or exporters will continue to be the ``all others'' rates

established in the LTFV investigations, which were 18.71 percent for

corrosion-resistant steel products and 61.88 percent for plate (see

Amended Final Determination of Sales at Less than Fair Value and Anti-

Dumping Orders: Certain Corrosion Resistant Carbon Steel Flat Products

and Certain Cut-to-Length Carbon Steel Plate from Canada, 60 FR 49582

(September 26, 1995)). These deposit requirements, when imposed, shall

remain in effect until publication of the final results of the next

administrative reviews.

We are revoking the antidumping duty order on certain cut-to-length

carbon steel plate from Canada with respect to Algoma, in accordance

with section 751(d) of the Act and 19 CFR 353.25(a)(2). In accordance

with 19 CFR 351.222(f)(3), this revocation applies to all entries of

the subject merchandise from Canada entered, or withdrawn from

warehouse, for consumption on or after August 1, 1997. This date is a

correction from the date stated in our notice of final results. The

Department will order the suspension of liquidation ended for all such

entries and will instruct the Customs Service to release any bonds and

refund with interest any cash deposits on entries made on or after

August 1, 1997.

[[Page 7624]]

These administrative reviews and this notice are in accordance with

section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1) and 19 CFR 351.213

and 19 CFR 351.221(b)(5).

Date: February 4, 1999.

Richard W. Moreland,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-3693 Filed 2-12-99; 8:45 am]

BILLING CODE 3510-DS-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Certain Corrosion-Resistant Carbon Steel Flat Products and Certain Cut-to-Length Carbon Steel Plate From Canada: Amended Final Results of Antidumping Duty Administrative Reviews and Determination to Revoke in Part · 64 FR 7622 | Frix