[Federal Register Volume 65, Number 188 (Wednesday, September 27, 2000)]
[Notices]
[Pages 58044-58045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24851]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-814, A-428-815]


Amended Final Determinations of Sales at Less Than Fair Value: 
Certain Cold-Rolled and Corrosion Resistant Carbon Steel Flat Products 
From Germany

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

ACTION: Amendment to final determinations of antidumping duty 
investigations in accordance with decision upon remand.

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SUMMARY: We are amending the ``all others'' cash deposit rate to 21.66% 
ad valorem for certain cold-rolled carbon steel flat products from 
Germany and 10.02% ad valorem for corrosion resistant carbon steel flat 
products from Germany.

EFFECTIVE DATE: September 27, 2000.

FOR FURTHER INFORMATION CONTACT: Cynthia Thirumalai, Office 1, Group 1, 
AD/CVD Enforcement, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington DC 20230; telephone (202) 482-4087.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions in effect 
as of December 31, 1994. In addition, unless otherwise indicated, all 
citations to the Department of Commerce's (the Department's) 
regulations refer to 19 CFR part 353 (April 1997).

Background

    On April 27, 1995, the United States Court of International Trade 
(CIT) remanded to the Department the amended final determinations in 
the antidumping duty investigations of certain cold-rolled and 
corrosion resistant carbon steel flat products from Germany. See 
Thyssen Stahl AG v. United States, 886 F. Supp. 23 (CIT 1995) (see also 
Notice of Final Determination of Sales at Less Than Fair Value; Certain 
Hot-Rolled Carbon Steel Flat Products, Certain Cold-Rolled Carbon Steel 
Flat Products, Certain Corrosion-Resistant Carbon Steel Flat Products 
and Certain Cut-to-Length Carbon Steel Flat Products From Germany, 58 
FR 37136 (July 9, 1993), as amended, 58 FR 44170 (August 19, 1993)). In 
its remand, the CIT instructed the Department to recalculate the 
dumping margins for Thyssen Stahl AG (Thyssen) by 1) disallowing the 
adjustment for currency hedging gains on U.S. sales, and 2) multiplying 
the rate of the German value-added tax (VAT) by the U.S. price and then 
increasing that price by the resultant amount (while not subtracting 
the VAT from the home market price). On June 27, 1995, the Department 
filed its results of redetermination pursuant to the CIT's order.
    Following the Court of Appeals for the Federal Circuit's (CAFC's) 
decision with respect to the VAT methodology in Federal Mogul Corp. v. 
United States, 63 F.3d 1572 (Fed.Cir. 1995) (Federal Mogul), the 
Department requested a second remand in these cases to conform the VAT 
methodology in the above-referenced investigations to that resulting 
from Federal Mogul. The CIT granted the Department's request for a 
second remand in Slip Op. 95-183 (November 17, 1995). Pursuant to 
Federal Mogul, the Department changed its treatment of home market 
consumption taxes by adding to U.S. price the absolute amount of such 
taxes incurred on the comparison home market sales. On January 22, 
1996, the Department filed its revised final remand results.

[[Page 58045]]

    On May 12, 1997, the CIT affirmed the final revised remand 
determinations in Thyssen Stahl AG v. United States Slip Op. 97-55 (May 
12, 1997). That decision was appealed. On July 27, 1998, the CAFC 
affirmed the decision of the CIT in Thyssen Stahl AG v. United States, 
Slip Op. 97-1509 (July 27, 1998).
    In light of the final and conclusive court decision in this action, 
we are amending the ``all others'' cash deposit rate from 19.03% to 
21.66% ad valorem for cold-rolled and from 4.18% to 10.02% ad valorem 
for corrosion resistant carbon steel flat products from Germany. We are 
not amending the cash deposit rates for Thyssen because they have been 
superseded by subsequent administrative reviews for this company.

Amended Final Determination

    As there is now a final and conclusive court decision in this 
action, we are amending the amended final determinations on certain 
cold-rolled and corrosion resistant carbon steel flat products from 
Germany, pursuant to section 516A(e) of the Act. As a result of these 
remand redeterminations, the recalculated final weighted-average 
margins are as follows:

------------------------------------------------------------------------
                                                                Margin
               Manufacturer/producer/exporter                 percentage
------------------------------------------------------------------------
Cold-Rolled:
  Klockner Stahl GmbH......................................        23.54
  Thyssen Stahl AG.........................................        20.64
  All Others...............................................        21.66
Corrosion Resistant:
  Thyssen Stahl AG.........................................        10.02
  All Others...............................................        10.02
------------------------------------------------------------------------

Cash Deposit Instructions

    The ``all others'' cash deposit rates of 21.66% ad valorem for 
cold-rolled and 10.02% ad valorem for corrosion resistant carbon steel 
flat products from Germany will be effective upon publication of this 
notice of amended final determinations on all shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date.
    These amended final determinations and notice are in accordance 
with sections 736(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 
353.20(a)(4) (1994).

    Dated: September 20, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-24851 Filed 9-26-00; 8:45 am]
BILLING CODE 3510-DS-P