[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Notices]
[Pages 6585-6587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3119]


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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

[A-427-816, A-533-817, A-560-805, A-475-826, A-588-847, A-580-836]


Notice of Amendment of Final Determinations of Sales at Less Than 
Fair Value and Antidumping Duty Orders: Certain Cut-To-Length Carbon-
Quality Steel Plate Products From France, India, Indonesia, Italy, 
Japan and the Republic of Korea

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

EFFECTIVE DATE: February 10, 2000.

FOR FURTHER INFORMATION CONTACT: Howard Smith or Brian C. Smith, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-1766 or (202) 482-5193, 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 (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of 
Commerce's (``the Department's'') regulations are to the regulations at 
19 CFR Part 351 (1999).

Amendment to the Final Determination

    On December 13, 1999, the Department made its final determinations 
that certain cut-to-length carbon-quality steel plate products from 
France, India, Indonesia, Italy, Japan and the Republic of Korea are 
being, or are likely to be, sold in the United States at less than fair 
value. See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Cut-To-Length Carbon-Quality Steel Plate Products from 
France, 64 FR 73143, (India) 64 FR 73126, (Indonesia) 64 FR 73164, 
(Italy) 64 FR 73234, (Japan) 64 FR 73215, and the (Republic of Korea) 
64 FR 73196 (December 29, 1999) (``Final Determinations''). In December 
1999, the Department disclosed its calculations for the final 
determinations to all interested parties. In December 1999, and January 
2000, the Department received timely allegations of ministerial errors 
in its margin calculations for certain respondents. Specifically, the 
Department received ministerial error allegations in the final 
determinations for France, Indonesia, Italy, and the Republic of Korea. 
After analyzing the ministerial error allegations in accordance with 19 
CFR 351.224, we have determined the following:

France

    In calculating the final margin for the respondent Usinor S.A., the 
Department improperly calculated the constructed export price (``CEP'') 
offset where U.S. sales were compared to constructed value. 
Specifically, the Department failed to include home market inventory 
carrying costs in the indirect selling expenses used to calculate the 
CEP offset. For a detailed discussion of the ministerial error 
allegations for France and the Department's analysis thereof, see the 
Memorandum, Ministerial Error Allegations Regarding the Final 
Determination, to Holly A. Kuga, Acting Deputy Assistant Secretary, AD/
CVD Enforcement Group II, from the France Team, dated January 28, 2000. 
In accordance with 19 CFR 351.224(e), we are amending the final 
determination of the antidumping duty investigation of certain cut-to-
length carbon-quality steel plate products from France. Correcting the 
ministerial error changes the final weighted-average dumping margin for 
Usinor S.A. and the ``All Others'' rate from 10.43 percent to 10.41 
percent.

Indonesia

    In calculating the final margin for the respondent PT Gunawan 
Dianjaya Steel (``Gunawan'')/ PT Jaya Pari Steel Corporation (``Jaya 
Pari''), the Department (1) incorrectly calculated the indexed, 
weighted-average costs; (2) failed to incorporate certain adjustments 
to Gunawan's and Jaya Pari's U.S. sales in the margin calculation; (3) 
failed to include all of Jaya Pari's U.S. sales in the margin 
calculation; (4) incorrectly calculated December 1998 current costs by 
using the incorrect wholesale price

[[Page 6586]]

indices for three months; and (5) incorrectly revised the factory 
overhead expense for certain control number models. For a detailed 
discussion of the ministerial error allegations for Indonesia and the 
Department's analysis thereof, see the Memorandum, Ministerial Error 
Allegations Regarding the Final Determination, to Louis Apple, Office 
Director, from the Indonesia Team, dated January 7, 2000. In accordance 
with 19 CFR 351.224(e), we are amending the final determination of the 
antidumping duty investigation of certain cut-to-length carbon-quality 
steel plate products from Indonesia. Correcting the ministerial errors 
changes the final weighted-average dumping margin for Gunawan/Jaya Pari 
and the ``All Others'' rate from 42.36 percent to 50.80 percent.

Italy

    In calculating the final margin for the respondent Palini and 
Bertoli S.p.A., the Department incorrectly revised home market credit 
expense. For a detailed discussion of the ministerial error allegation 
for Italy and the Department's analysis thereof, see the Memorandum, 
Ministerial Error Allegations Regarding the Final Determination, to 
Holly A. Kuga, Acting Deputy Assistant Secretary, AD/CVD Enforcement 
Group II, from the Italy Team, dated January 20, 2000. In accordance 
with 19 CFR 351.224(e), we are amending the final determination of the 
antidumping duty investigation of certain cut-to-length carbon-quality 
steel plate products from Italy. Correcting the ministerial error 
changes the final weighted-average dumping margin for Palini and 
Bertoli S.p.A. and the ``All Others'' rate from 8.97 percent to 7.85 
percent.

The Republic of Korea

    The petitioners alleged that the Department made certain 
ministerial errors in calculating costs for Dongkuk Steel Mill, Ltd., 
in the final determination We do not agree that the items identified by 
the petitioners constitute clerical errors. Thus, we are not amending 
the final determination of the antidumping duty investigation of 
certain cut-to-length carbon-quality steel plate products from the 
Republic of Korea. For a detailed discussion of the ministerial error 
allegations for the Republic of Korea and the Department's analysis 
thereof, see the Memorandum, Ministerial Error Allegations Regarding 
the Final Determination, to Holly A. Kuga, Acting Deputy Assistant 
Secretary, AD/CVD Enforcement Group II, from the Korea Team, dated 
January 20, 2000.

Scope of Orders

    The products covered by these antidumping duty orders are certain 
hot-rolled carbon-quality steel: (1) Universal mill plates (i.e., flat-
rolled products rolled on four faces or in a closed box pass, of a 
width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or 
actual thickness of not less than 4 mm, which are cut-to-length (not in 
coils) and without patterns in relief), of iron or non-alloy-quality 
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual 
thickness of 4.75 mm or more and of a width which exceeds 150 mm and 
measures at least twice the thickness, and which are cut-to-length (not 
in coils). Steel products to be included in the scope of these orders 
are of rectangular, square, circular or other shape and of rectangular 
or non-rectangular cross-section where such non-rectangular 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. Steel products that meet the 
noted physical characteristics that are painted, varnished or coated 
with plastic or other non-metallic substances are included within this 
scope. Also, specifically included in the scope of these orders are 
high strength, low alloy (``HSLA'') steels. HSLA steels are recognized 
as steels with micro-alloying levels of elements such as chromium, 
copper, niobium, titanium, vanadium, and molybdenum. Steel products to 
be included in this scope, regardless of Harmonized Tariff Schedule of 
the United States (``HTSUS'') definitions, are products in which: (1) 
Iron predominates, by weight, over each of the other contained 
elements, (2) the carbon content is two percent or less, by weight, and 
(3) none of the elements listed below is equal to or exceeds the 
quantity, by weight, respectively indicated: 1.80 percent of manganese, 
or 1.50 percent of silicon, or 1.00 percent of copper, or 0.50 percent 
of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 
0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of 
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent 
zirconium. All products that meet the written physical description, and 
in which the chemistry quantities do not equal or exceed any one of the 
levels listed above, are within the scope of these orders unless 
otherwise specifically excluded. The following products are 
specifically excluded from these orders: (1) Products clad, plated, or 
coated with metal, whether or not painted, varnished or coated with 
plastic or other non-metallic substances; (2) SAE grades (formerly AISI 
grades) of series 2300 and above; (3) products made to ASTM A710 and 
A736 or their proprietary equivalents; (4) abrasion-resistant steels 
(i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225, 
A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball 
bearing steels; (7) tool steels; and (8) silicon manganese steel or 
silicon electric steel.
    The merchandise subject to these orders is classified in the HTSUS 
under subheadings: 7208.40.3030, 7208.40.3060, 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, 7225.40.3050, 
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 
7226.91.8000, 7226.99.0000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise covered by 
these orders is dispositive.

Antidumping Duty Orders

    On February 2, 2000, in accordance with section 735(d) of the Act, 
the ITC notified the Department that a U.S. industry is materially 
injured by reason of imports of certain cut-to-length carbon-quality 
steel plate products from France, India, Indonesia, Italy, Japan, and 
the Republic of Korea, pursuant to section 735(b)(1)(A) of the Act. In 
addition, with respect to imports of subject merchandise from Japan, 
the ITC found that critical circumstances do not exist.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct the United States Customs Service (``U.S. 
Customs'') to assess, upon further advice by the Department, 
antidumping duties equal to the amount by which the normal value of the 
merchandise exceeds the export price or constructed export price of the 
merchandise for all relevant entries of certain cut-to-length carbon-
quality steel plate products from each of the countries named in the 
above-referenced antidumping duty investigations. These antidumping 
duties will be assessed on all unliquidated entries of imports of the 
subject merchandise that are entered, or

[[Page 6587]]

withdrawn from warehouse, for consumption on or after July 29, 1999, 
the date of publication of the preliminary determinations in the 
Federal Register. Because the ITC did not find that critical 
circumstances exist with respect to imports of subject merchandise from 
Japan, the Department will direct U.S. Customs to refund all cash 
deposit amounts collected on imports of certain cut-to-length carbon-
quality steel plate products from Japan entered, or withdrawn from 
warehouse, during the 90-day period prior to the publication of the 
preliminary antidumping duty determination for Japan (i.e., from April 
30, 1999 through July 28, 1999). Moreover, because the Department found 
a de minimis final weighted-average margin for ILVA S.p.A., a 
respondent in the Italian investigation which received a margin in 
excess of de minimis in the preliminary determination, the Department 
has directed U.S. Customs to terminate the suspension of liquidation 
for shipments of certain cut-to-length carbon-quality steel plate 
products produced/exported by ILVA S.p.A. entered, or withdrawn from 
warehouse, for consumption on or after July 29, 1999, and to release 
any bond or other security, and refund any cash deposit obtained in 
connection with the antidumping duty investigation. Finally, because 
the Department found a de minimis final weighted-average margin for 
Pohang Iron & Steel Co., Ltd. (``POSCO''), a respondent in the Korean 
investigation which also received a de minimis margin in the 
preliminary determination, there are no cash deposit requirements for 
POSCO.
    On or after the date of publication of this notice in the Federal 
Register, U.S. Customs officers must require, at the same time as 
importers would normally deposit estimated duties, cash deposits based 
on the rates listed below. Where applicable, the Department will reduce 
the cash deposit rates listed below by the export subsidy rate found in 
the companion final determination of the countervailing duty 
investigation.

------------------------------------------------------------------------
                                                                Margin
                   Exporter/manufacturer                      percentage
------------------------------------------------------------------------
France:
  Usinor...................................................        10.41
  All Others...............................................        10.41
India:
  SAIL.....................................................        72.49
  All Others...............................................        72.49
Indonesia:
  Gunawan/Jaya Pari........................................        50.80
  PT Krakatau Steel........................................        52.42
  All Others...............................................        50.80
Italy:
  Palini and Bertoli S.p.A.................................         7.85
  All Others...............................................         7.85
Japan:
  Kawasaki Steel Corporation...............................        10.78
  Kobe Steel, Ltd..........................................        59.12
  Nippon Steel Corporation.................................        59.12
  NKK Corporation..........................................        59.12
  Sumitomo Metal Industries, Ltd...........................        59.12
  All Others...............................................        10.78
Republic of Korea:
  Dongkuk Steel Mill Co., Ltd..............................         2.98
  All Others...............................................         2.98
------------------------------------------------------------------------

    This notice constitutes the antidumping duty orders with respect to 
certain cut-to-length carbon-quality steel plate products from France, 
India, Indonesia, Italy, Japan, and the Republic of Korea, pursuant to 
section 736(a) of the Act. Interested parties may contact the Central 
Records Unit, Room B-099 of the Main Commerce Building, for copies of 
an updated list of antidumping duty orders currently in effect.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: February 3, 2000.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-3119 Filed 2-9-00; 8:45 am]
BILLING CODE 3510-DS-P