[Federal Register Volume 65, Number 239 (Tuesday, December 12, 2000)]
[Notices]
[Pages 77566-77567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31496]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-809]


Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Certain Cut-to-Length Carbon Steel Plate From 
Mexico

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

ACTION: Notice of Amendment to Final Results of Antidumping Duty 
Administrative Review.

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SUMMARY: The Department of Commerce (the Department) is amending the 
final results of the administrative review of the antidumping duty 
order on certain cut-to-length (CTL) carbon steel plate from Mexico to 
correct certain ministerial errors. See Certain Cut-to-Length Carbon 
Steel Plate From Mexico: Final Results of Antidumping Duty 
Administrative Review, 65 FR 8338 (February 18, 2000), as amended, 65 
FR 65830 (November 2, 2000). These corrections are in accordance with 
section 751(h) of the Tariff Act of 1930, as amended (the Tariff Act) 
and 19 CFR 351.224 of the Department's regulations. The period covered 
by these amended final results of review is August 1, 1997 through July 
31, 1998.

EFFECTIVE DATE: December 12, 2000.

FOR FURTHER INFORMATION CONTACT: Thomas Killiam or Robert James, 
Enforcement Group III, Office 8, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
5222 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: Applicable Statute: Unless otherwise 
indicated, all citations to the Tariff Act of 1930, as amended (the 
Tariff Act), are references to the provisions effective January 1, 
1995, the effective date of the amendments made to the Tariff Act by 
the Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
regulations, codified at 19 CFR part 351 (1998).

Amended Final Results

    On February 18, 2000, the Department published in the Federal 
Register the final results of the 1997-1998 administrative review of 
the antidumping duty order on certain cut-to-length carbon steel plate 
from Mexico (65 FR 8338). This review covered one producer of the 
subject merchandise, Altos Hornos de Mexico S.A. de C.V. (AHMSA) and 
the period August 1, 1997 through July 31, 1998. Following timely 
allegations by both AHMSA and petitioners,\1\ the Department 
subsequently amended the final results of this administrative review. 
See Notice of Amended Final Results of Antidumping Duty Administrative 
Review, 65 FR 65830 (November 2, 2000). The amended final results 
yielded a weighted average margin for AHMSA of 21.75 percent.
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    \1\ Petitioners are Bethlehem Steel Corporation, Geneva Steel, 
Gulf States Steel, Inc. of Alabama, Inland Steel Industries, Inc., 
Lukens Steel Company, Sharon Steel Corporation, and U.S. Steel Group 
(a unit of USX Corporation).
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    On October 31, 2000, AHMSA submitted allegations of an additional 
ministerial error. AHMSA alleged that the Department incorrectly 
calculated the costs of certain raw materials supplied by affiliated 
parties by applying an incorrect adjustment factor to these material 
costs. This error had the effect of double counting the profit realized 
by the affiliates on these transactions. According to AHMSA, the 
correction of this error would cause

[[Page 77567]]

certain home market sales to pass the cost test; therefore, AHMSA urged 
the Department to amend its model match computer programming language 
in order to permit these now above-cost home market sales to be matched 
to U.S. sales of identical merchandise.
    We agree with AHMSA's allegation concerning our recalculation of 
AHMSA's direct material costs, and have made the suggested programming 
changes to permit matches of U.S. sales to above-cost sales of 
identical merchandise in the home market. Furthermore, in preparing 
these amended final results, we found and rectified an additional error 
in the treatment of indirect selling expenses in our cost-of-production 
test. See Memorandum to the File, ``Analysis of Data Submitted by Altos 
Hornos de Mexico, S.A. (AHMSA) for the Second Amended Final Results of 
Review of Cut-to-Length Carbon Steel Plate from Mexico (A-201-809),'' 
dated November 21, 2000. After the two mathematical corrections, 
however, all home market sales of model number ``1,'' the model 
identical to the U.S. model, continued to fail the cost test. As a 
result, for these amended final results, we continued to compare the 
U.S. model to the most similar home market model.
    As a result of our analysis of AHMSA's allegations, we are again 
amending our final results of review to correct the error in 
calculating affiliated party profit identified by AHMSA, as well as to 
rectify the error involving indirect selling expenses we uncovered 
during our analysis, in accordance with 19 CFR 351.224(e). The amended 
weighted average dumping margin for AHMSA for the period August 1, 1997 
through July 31, 1998 is 25.02 percent.
    Accordingly, the Department shall determine, and the U.S. Customs 
Service shall assess, antidumping duties on all appropriate entries. 
The Department shall issue appraisement instructions directly to the 
Customs Service. Because there is only one importer of the subject 
merchandise, we have calculated an importer specific duty assessment 
rate for the merchandise based on the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
entered value of sales. Furthermore, the following deposit requirements 
shall be effective upon publication of this notice of amended final 
results of review for all shipments of certain cut-to-length carbon 
steel plate from Mexico, entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided for by 
section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for the 
reviewed company will be the rate stated above; (2) for previously 
investigated companies not listed above, 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 these reviews 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 49.25 
percent, the ``All Others'' rate in the less-than-fair-value 
investigation. See Antidumping Duty Order: Certain Cut-to-Length Carbon 
Steel Plate From Mexico, 58 FR 44165 (August 19, 1993). These deposit 
requirements shall remain in effect until publication of the final 
results of the next administrative review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a sanctionable 
violation.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act and 19 CFR 351.224.

    Dated: December 1, 2000.
Troy H. Cribb,
Assistant Secretary for Import Administration.
[FR Doc. 00-31496 Filed 12-11-00; 8:45 am]
BILLING CODE 3510-DS-P