[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Notices]
[Pages 20570-20572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11149]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-351-817]


Certain Cut-to-Length Carbon Steel Plate From Brazil: Amendment 
of Final Results of Antidumping Duty Administrative Review

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

ACTION: Notice of amendment of final results of antidumping duty 
administrative review.

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SUMMARY: On March 16, 1998, the Department of Commerce (``the 
Department'') published the final results of its administrative review 
of the antidumping duty order on Certain Cut-to-Length Carbon Steel 
Plate from Brazil (63 FR 12744) covering the period August 1, 1995 
through July 31, 1996. Based on the correction of certain ministerial 
errors made in the final results, we are publishing this amendment.

EFFECTIVE DATE: April 27, 1998.

FOR FURTHER INFORMATION CONTACT: Samantha Denenberg or Linda Ludwig, 
Office of AD/CVD Enforcement, Group III, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, D.C. 20230; telephone 
(202) 482-0414 or 482-3833, respectively.

SUPPLEMENTARY INFORMATION:

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 
Round Agreements Act (``URAA''). In addition, unless otherwise 
indicated, all references to the Department's regulations are to 19 CFR 
Part 353 (April 1, 1997).

[[Page 20571]]

Scope of This Review

    The products covered by this administrative review constitute one 
``class or kind'' of merchandise: certain cut-to-length carbon steel 
plate. These products include hot-rolled carbon steel universal mill 
plates (i.e., flat-rolled products rolled on four faces or in a closed 
box pass, of a width exceeding 150 millimeters but not exceeding 1,250 
millimeters and of a thickness of not less than 4 millimeters, not in 
coils and without patterns in relief), of rectangular shape, neither 
clad, plated nor coated with metal, whether or not painted, varnished, 
or coated with plastics or other nonmetallic substances; and certain 
hot-rolled carbon steel flat-rolled products in straight lengths, of 
rectangular shape, hot rolled, neither clad, plated, nor coated with 
metal, whether or not painted, varnished, or coated with plastics or 
other nonmetallic substances, 4.75 millimeters or more in thickness and 
of a width which exceeds 150 millimeters and measures at least twice 
the thickness, as currently classifiable in the Harmonized Tariff 
Schedule (HTS) under item numbers 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, and 
7212.50.0000. Included are flat-rolled products of nonrectangular 
cross-section where such 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. Excluded is grade X-70 plate. These HTS item numbers are 
provided for convenience and Customs purposes. The written description 
remains dispositive.
    The POR is August 1, 1995, through July 31, 1996. This review 
covers entries of Certain Cut-to-Length Carbon Steel Plate by Usinas 
Siderurgicas de Minas Gerais (``USIMINAS'') and Companhia Siderurgica 
Paulista (``COSIPA''). These two producers/exporters have been 
collapsed (``USIMINAS/COSIPA'') and are being treated as one entity for 
the purpose of this review.

Background

    On March 16, 1998, the Department published the final results of 
its administrative review of the antidumping duty order on Certain Cut-
to-Length Carbon Steel Plate from Brazil (63 FR 12744). This review 
covers one manufacturer/exporter of the subject merchandise, Usinas 
Siderurgicas de Minas Gerais (``USIMINAS'') and Companhia Siderurgica 
Paulista (``COSIPA''), for the period August 1, 1995 through July 31, 
1996. After publication of our final results, we received timely 
allegations from the petitioners that we had made ministerial errors in 
calculating the final results. USIMINAS/COSIPA did not file a rebuttal 
to the petitioners' ministerial error allegations. We have corrected 
our calculations, in which we agree that we made ministerial errors, in 
accordance with section 751((h) of the Tariff Act.
    In the final results, the ``all others'' cash deposit rate was 
incorrectly stated to be 36.00 percent. The correct ``all others'' rate 
(from the LTFV investigation) is 75.54 percent. See Final Determination 
of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel 
Plate from Brazil, 58 FR 37091 (July 9, 1993).

Analysis of Ministerial Error Allegations Received From Interested 
Parties

    We received two ministerial error allegations from petitioners. 
First, petitioners contend that the Department did not consistently 
change the variable name for USIMINAS' home market inland freight 
expense for all pertinent programs. In the final results, the 
Department included USIMINAS' INFLFTCH field in the proper calculation 
strands of the model match program, but did not make the corresponding 
corrections in the arm's length program. Petitioners further noted that 
COSIPA's INLFTCH field (also home market inland freight expense) should 
also be included in the movement expense calculation string.
    As defined by section 751(h) of the Act, the term ``ministerial 
error'' includes errors ``in addition, subtraction, or other arithmetic 
function, clerical errors resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the [Department] considers ministerial.'' We agree with 
petitioners that USIMINAS' INFLFTCH field and COSIPA's INLFTCH field 
should be included in the proper calculation strings in the arm's 
length program. We have made the suggested corrections for the amended 
final results.
    Second, petitioners contend that the length of the customer code 
field defined in the arm's length program was insufficient. Petitioners 
state that the length statement for CUSCODH needs to be changed so that 
the results of the arm's length program are correctly applied to the 
model match program.
    We agree with petitioners that the length statement for the 
customer code field needs to be changed. We have made the suggested 
corrections for the amended final results.

Amended Final Results of Review

    We determine that the following weighted-average margin exists:

------------------------------------------------------------------------
                                                              Margin    
       Manufacturer/exporter          Period of review       (percent)  
------------------------------------------------------------------------
Usinas Siderurgicas de Minas                                            
 Gerais (``USIMINAS'')............     08/01/95-07/31/96           11.70
Companhia Siderurgica Paulista                                          
 (``COSIPA'').....................     08/01/95-07/31/96           11.70
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. We will 
calculate importer-specific ad valorem duty assessment rates based on 
the entered value of each entry of subject merchandise during the POR. 
We will direct the Customs Service to collect cash deposits of 
estimated antidumping duties on all appropriate entries. The amended 
deposit requirements are effective for all shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication date of this notice and will remain in 
effect until the 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 353.26 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

[[Page 20572]]

occurred and subsequent assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34 (d). Timely written notification 
of return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation. Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested.
    This administrative review and notice are in accordance with 
Section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 
353.22.

    Dated: April 16, 1998.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 98-11149 Filed 4-24-98; 8:45 am]
BILLING CODE 3510-DS-P