[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Notices]
[Pages 55782-55783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28542]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-405-802]


Certain Cut-to-Length Carbon Steel Plate From Finland: Amended 
Final Determination of Sales at Less Than Fair Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final court decision and amended final determination 
of sales at less than fair value.

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EFFECTIVE DATE: October 28, 1997.

FOR FURTHER INFORMATION CONTACT: Daniel Manzoni or David J. Goldberger, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone (202) 482-1121 or (202) 482-4136, 
respectively.

SUMMARY: On May 13, 1997, the Court of International Trade affirmed the 
Department of Commerce's final remand results in Rautaruukki Oy v. 
United States, Consol. Court No. 93-09-00560-AD, arising out of the 
Department's final determination of sales at less than fair value in 
the antidumping investigation 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 determination of 
sales at less than fair value and we will instruct the U.S. Customs 
Service to change the appropriate cash deposit rate.

SUPPLEMENTARY INFORMATION:

Background

    On July 9, 1993, the Department of Commerce (the Department) 
published its final determination in its investigation of sales at less 
than fair value (LTFV) of certain cut-to-length carbon steel plate from 
Finland (58 FR 37122). On August 19, 1993, the Department published an 
amended final determination (58 FR 44165).
    Subsequently, respondent Rautauruukki Oy and petitioner Inland 
Steel Industries, Inc, and a number of other interested parties, filed 
lawsuits with the Court of International Trade (the Court) challenging 
the final determination. On March 31, 1995, the Court remanded the case 
to the Department and ordered the Department to recalculate the value 
added tax (VAT) according to the Department's new methodology. See 
Rautaruukki Oy v. United States, Slip Op. 95-56, (CIT, March 31, 1995). 
Specifically, the Court ordered that the Department revise its dumping 
margin calculation by multiplying the Finnish VAT rate by United States 
price (USP) and then increasing USP by the resulting amount.
    On remand, in accordance with Federal-Mogul Corp. and The 
Torrington Co. v. United States, Slip Op. 93-194 (CIT, October 7, 
1993), the Department recalculated the margins in this case by applying 
the foreign market tax rate to the price of the United States 
merchandise at the same point in the chain of commerce that the foreign 
market tax was applied to foreign market sales.
    On May 13, 1997, the Court affirmed the final remand results. See 
Rautaruukki Oy v. United States, Slip Op. 97-56 (CIT, May 13, 1997). As 
there is now a final and conclusive court

[[Page 55783]]

decision in this action we are amending our final determination, and we 
will subsequently instruct the U.S. Customs Service to change the 
appropriate cash deposit requirements entries subject to this 
investigation.

Amendment to Final Determination

    Pursuant to 516A(e) of the Tariff Act of 1930, as amended, (the 
Act) we are now amending the final results of this investigation of 
certain cut-to-length carbon steel plate from Finland.
    The recalculated weighted-average margins are as follows:

------------------------------------------------------------------------
                                                                Margin  
               Producer/manufacturer/exporter                 percentage
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Rautaruukki Oy..............................................      40.36 
All Others..................................................      40.36 
------------------------------------------------------------------------

    In August 1993, the U.S. International Trade Commission (the 
Commission) determined that imports of certain cut-to-length carbon 
steel plate from Finland materially injure a U.S. industry. As a 
consequence of the Commission's affirmative determination, these 
products were subject to an antidumping duty order. Since publication 
of the LTFV final determination and order, the Department has 
completed, pursuant to Section 751 of the Act, first and second 
administrative reviews of the antidumping order. As a result, this 
amended final determination does not necessitate a change in cash 
deposit rates nor liquidation of the subject merchandise as the order 
relates to Rautaruukki Oy. However, the Department will instruct the 
U.S. Customs Service to change the appropriate cash deposit 
requirements to 40.36 percent of the entered value of the subject 
merchandise for all other producers/exporters.
    Dated: October 22, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-28542 Filed 10-27-97; 8:45 am]
BILLING CODE 3510-DS-P