[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Notices]
[Page 16543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8767]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-489-807]


Notice of Amendment of Final Determination of Sales at Less Than 
Fair Value: Certain Steel Concrete Reinforcing Bars From Turkey

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

EFFECTIVE DATE: April 7, 1997.

FOR FURTHER INFORMATION CONTACT:
Shawn Thompson at (202) 482-1776, or Cameron Werker at (202) 482-3874, 
AD/CVD Enforcement, Group II, Office 5, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230.

Applicable Statute and Regulations

    Unless otherwise indicated, 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 by the Uruguay 
Rounds Agreements Act (URAA).

Amendment to the Final Determination

    We are amending the final determination of sales at less than fair 
value of certain steel concrete reinforcing bars from Turkey, to 
reflect the correction of a ministerial error made in the margin 
calculation of one of the respondents in that determination. We are 
publishing this amendment to the final determination in accordance with 
section 353.28(c) of the Department's regulations.

Scope of Investigation

    The product covered by this investigation is all stock deformed 
steel concrete reinforcing bars (``rebar'') sold in straight lengths 
and coils. This includes all hot-rolled deformed rebar, rolled from 
billet steel, rail steel, axle steel, or low-alloy steel. It excludes 
(i) plain round rebar, (ii) rebar that a processor has further worked 
or fabricated, and (iii) all coated rebar. Deformed rebar is currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers 7213.110.00 and 7214.20.00. The HTSUS 
subheadings are provided for convenience and customs purposes. The 
written description of the scope of this investigation is dispositive.

Case History

    In accordance with section 735(d) of the Tariff Act of 1930, as 
amended (the Act), on March 4, 1997, the Department published its final 
determination that rebar from Turkey was being, or was likely to be, 
sold in the United States at less than fair value (62 FR 9737). 
Subsequent to the final determination, we received allegations that the 
Department made ministerial errors in the margin calculations for one 
of the respondents, Habas Sinai Ve Tibbi Gazalar Istihsal Endustrisi 
A.S. (Habas).

Amendment of Final Determination

    On March 12, 1997, Habas submitted allegations that two ministerial 
errors were made in the Department's final determination. Specifically, 
Habas asserts that the Department did not incorporate the verified 
costs for billets produced by Habas during the first four months of the 
POI. In addition, Habas argues that the Department made a manifest 
error by changing to constructed value as the basis for normal value, 
rather than using the home market sales data that the Department used 
for the preliminary determination. On March 19, 1997, petitioners 
responded to Habas' ministerial error allegations.
    Concerning the allegation with respect to billet costs, we agree 
with Habas and have corrected the ministerial error pursuant to section 
735(e) of the Act and section 353.28(c) of the Department's 
regulations. However, concerning Habas' allegation that the Department 
made a ministerial error in rejecting Habas' home market sales data, we 
disagree. As described in the Department's final determination, we 
fully intended to reject Habas' home market sales data and base normal 
value on constructed value. For a detailed discussion of the alleged 
ministerial errors and the department's analysis, see, memorandum from 
the Team to Louis Apple, Acting Office Director, regarding Ministerial 
Error Allegations in the Final Determination of Rebar From Turkey, 
dated March 24, 1997. The revised final weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                                   Original     Revised 
                                                     final       final  
         Manufacturer/producer/exporter             margin      margin  
                                                  percentage  percentage
------------------------------------------------------------------------
Colakoglu.......................................        9.84        9.84
Ekinciler.......................................       18.68       18.68
Habas...........................................       19.15       18.54
IDC.............................................       41.80       41.80
Metas...........................................       30.16       30.16
All Others......................................       16.25       16.06
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with Sec. 735(c) of the Act, we are directing the 
Customs Service to continue to suspend liquidation of all entries of 
rebar from all companies except Colakoglu that are entered, or 
withdrawn from warehouse, for consumption on or after July 12, 1996, 
which is 90 days prior to the date of publication of the notice of the 
preliminary determination in the Federal Register. Regarding Colakoglu, 
we are directing the Customs Service to continue to suspend liquidation 
of all entries of rebar from Colakoglu that are entered, or withdrawn 
from warehouse, for consumption on or after October 10, 1996, the date 
of publication of our preliminary determination in the Federal 
Register. We will instruct the Customs Service to require a cash 
deposit or the posting of a bond equal to the weighted-average amount 
by which normal value exceeds export price, as indicated in the chart 
above. This suspension of liquidation will remain in effect until 
further notice.

Notification of International Trade Commission (ITC)

    In accordance with Sec. 735(d) of the Act, we have notified the ITC 
of our determination. If the ITC determines that material injury, or 
threat of material injury, does not exist, the proceeding will be 
terminated and all securities posted will be refunded or canceled. If 
the ITC determines that such injury does exist, the Department will 
issue an antidumping duty order directing Customs officials to assess 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.
    This determination is published pursuant to Sec. 735(d) of the Act.

    Dated: March 27, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-8767 Filed 4-4-97; 8:45 am]
BILLING CODE 3510-DS-M