Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Notices 30411

1The petitioners who alleged ministerial errors

were Bethlehem Steel Corporation, LTV Steel

Company, Inc., National Steel Corporation, and U.S.

Steel Group, a unit of USX Corporation.

DEPARTMENT OF COMMERCE

International Trade Administration

[A–485–806]

Notice of Amended Preliminary

Antidumping Duty Determination of

Sales at Less Than Fair Value: Certain

Hot-Rolled Carbon Steel Flat Products

From Romania

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: June 6, 2001.

FOR FURTHER INFORMATION CONTACT:

Christopher Riker or Charles Riggle,

Office of AD/CVD Enforcement 5,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue NW., Washington,

DC 20230; telephone (202) 482–0186 or

(202) 482–0650, respectively.

Amendment of Preliminary

Determination

The Department of Commerce (the

Department) is amending the

preliminary determination in the

antidumping investigation of certain

hot-rolled carbon steel flat products

(HRS) from Romania. This amended

preliminary determination results in

revised antidumping rates.

Background

On April 23, 2001, the Department

issued its affirmative preliminary

determination in this proceeding. See

Notice of Preliminary Determination of

Sales at Less Than Fair Value: Certain

Hot-Rolled Carbon Steel Flat Products

from Romania, 66 FR 22194 (May 3,

2001). On May 1, 2001, the Department

received timely allegations from certain

petitioners 1 of ministerial errors in

connection with the preliminary

determination.

The petitioners alleged that

significant ministerial errors exist,

specifically that the Department did not

value electricity or methane gas

correctly in their factors of production

valuation memorandum and erred in

not including interest expenses in its

normal value calculations. See letter

from Dewey Ballantine to the

Department of Commerce alleging

ministerial errors in the preliminary

determination (May 1, 2001).

Significant Ministerial Error

A significant ministerial error is

defined as a correction which, singly or

in combination with other errors, would

result in (1) a change of at least 5

absolute percentage points in, but not

less than 25 percent of, the weightedaverage dumping margin calculated in

the original (erroneous) preliminary

determination; or (2) a difference

between a weighted-average dumping

margin of zero or de minimis and a

weighted-average dumping margin of

greater than de minimis or vice versa.

See 19 CFR 351.224(g).

Amended Determination

The Department has reviewed its

preliminary calculations and agrees

with the petitioners that it made certain

ministerial errors within the meaning of

19 CFR 351.224(f) and (g). We agree

with the petitioners that the Department

erred in miscalculating the surrogate

value for electricity, and should have

included interest expenses in the

normal value calculations. However, we

do not agree that the Department erred

in not calculating a surrogate value for

methane gas. For a detailed analysis of

these allegations, and the Department’s

determinations, see the May 25, 2001

Memorandum to Bernard T. Carreau

from Christopher Riker, regarding

Ministerial Error Allegations on file in

room B–099 of the Main Commerce

building. As a result of our analysis of

the petitioners’ allegations and because

those errors were significant within the

meaning of 19 CFR 351.224(g), we are

amending our preliminary

determination to revise the antidumping

rates for Sidex Trading, SRL & Sidex

International, Plc, Metanef, S.A.,

Metagrimex, S.A. and

Metalexportimport, S.A., in accordance

with 19 CFR 351.224(e). Suspension of

liquidation will be revised accordingly

and parties shall be notified of this

determination, in accordance with

sections 733(d) and (f) of the Tariff Act

of 1930, as amended.

The following weighted-average

dumping margins apply:

Manufacturer/exporter Margin

(percent)

Sidex Trading, SRL & Sidex

International, Plc ..................... 50.96

Metanef, S.A. .............................. 62.37

Metagrimex, S.A. ........................ 50.23

Metalexportimport, S.A. .............. 54.22

Romania-Wide ............................ 88.62

The Romania-wide rate has not been

amended, and applies to all entries of

the subject merchandise except for

entries from exporters/producers that

are identified individually above.

This determination is issued and

published pursuant to sections 733(f)

and 777(i)(1) of the Act.

Dated: May 29, 2001.

Faryar Shirzad,

Assistant Secretary for Import

Administration.

[FR Doc. 01–14280 Filed 6–5–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–580–839]

Notice of Final Results of Changed

Circumstances Antidumping Duty

Review: Certain Polyester Staple Fiber

From the Republic of Korea

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

SUMMARY: We have completed the

changed circumstances review of the

antidumping duty order on polyester

staple fiber from the Republic of Korea.

We determine that the Huvis

Corporation is not the successor-ininterest to the Samyang Corporation, SK

Chemicals Co., Ltd., or to the Samyang

Corporation and SK Chemicals Co.

jointly and that the Huvis Corporation is

subject to the ‘‘all others’’ rate

calculated in the antidumping duty

investigation.

EFFECTIVE DATE: June 6, 2001.

FOR FURTHER INFORMATION CONTACT:

Sally Hastings or Craig Matney at (202)

482–3464 or (202) 482–1778,

respectively; AD/CVD Enforcement

Group I, Office 1, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street & Constitution

Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

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’s regulations are to 19

CFR Part 351 (2000).

Background

On May 25, 2000, the Department of

Commerce (the Department) issued an

antidumping duty order on certain

polyester staple fiber (PSF) from the

Republic of Korea (Korea). See Notice of

Amended Final Determination of Sales

at Less Than Fair Value and

Antidumping Duty Order: Certain

Polyester Staple Fiber from Republic of

30412 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Notices

Korea, 65 FR 33807 (May 25, 2000). The

order excluded merchandise produced

by Samyang Corporation (Samyang),

which had been found to be dumping at

a de minimis level. SK Chemicals Co.,

Ltd. (SK Chemicals), was not examined

in the investigation and its entries of

subject merchandise are currently being

suspended at the ‘‘all others’’ cash

deposit rate of 11.35 percent.

On November 20, 2000, Samyang and

the Huvis Corporation (Huvis) informed

the Department that Samyang and SK

Chemicals had established Huvis as a

50–50 joint venture, effective November

1, 2000. They requested that the

Department conduct a changed

circumstances review pursuant to

section 751(b)(1) of the Act and 19 CFR

351.216(b). Samyang and Huvis argued

that Huvis is the successor-in-interest to

Samyang and, therefore, is entitled to

exclusion from the antidumping order.

In the alternative, they asked that the

Department find that Huvis is a

successor to Samyang and SK Chemicals

jointly and that the Department

calculate a weighted-average cash

deposit rate for Huvis based on

Samyang’s and SK Chemical’s rates.

The Department found ‘‘good cause’’

to conduct a changed circumstances

review and on January 9, 2001,

concurrently issued a notice of

initiation and preliminary results. See

Notice of Initiation and Preliminary

Results of Changed Circumstances

Antidumping Duty Review: Certain

Polyester Staple Fiber from the Republic

of Korea, 66 FR 1642 (January 9, 2001)

(Preliminary Results). In the Preliminary

Results, we determined that Huvis is not

the successor-in-interest to Samyang, SK

Chemicals, or both companies jointly. In

addition, we preliminarily found that

Huvis is covered by the antidumping

duty order as a producer and exporter

of PSF from Korea. Consequently, we

instructed the Customs Service to

suspend liquidation and to collect

estimated antidumping duties at the ‘‘all

others’’ rate of 11.35 percent on all

entries of subject merchandise produced

and exported by Huvis retroactive to

November 1, 2000.

On January 24, 2001, we received a

request from an importer of PSF from

Korea, Stein Fibers, Ltd. (Stein Fibers),

to clarify our instructions to the

Customs Service with respect to subject

merchandise which Stein Fibers

claimed was produced by Samyang, but

not entered until after November 1,

2000.

The Department issued instructions to

the Customs Service on April 6, 2001,

to liquidate without regard to dumping

duties entries which were sold,

produced, and exported by Samyang

prior to November 1, 2000. For those

entries that Stein Fibers claimed were

produced and sold by Samyang but

exported after November 1, 2000, we

instructed the Customs Service to

continue to suspend liquidation at a

cash deposit rate of 0.00 percent until

further notice. In these instructions, we

stated that we would analyze, in the

context of the final results of the

changed circumstances review, whether

these were shipments of merchandise

sold, produced, and exported by

Samyang or Huvis.

On April 24, 2001, we received a

letter from Huvis stating that it did not

intend to challenge the preliminary

results of the changed circumstances

review. We received a letter from the

petitioners, E.I. DuPont de Nemours and

Co., Arteva Specialities S.a.r.l., d/b/a

KoSa, Wellman Inc., and

Intercontinental Polymers, Inc., on May

1, 2001, stating that they agreed with the

preliminary results of the changed

circumstances review.

Scope of the Order

The product covered by this order is

certain polyester staple fiber. Certain

polyester staple fiber is defined as

synthetic staple fibers, not carded,

combed or otherwise processed for

spinning, of polyesters measuring 3.3

decitex (3 denier, inclusive) or more in

diameter. This merchandise is cut to

lengths varying from one inch (25 mm)

to five inches (127 mm). The

merchandise subject to this order may

be coated, usually with a silicon or

other finish, or not coated. PSF is

generally used as stuffing in sleeping

bags, mattresses, ski jackets, comforters,

cushions, pillows, and furniture.

Merchandise of less than 3.3 decitex

(less than 3 denier) classified under the

Harmonized Tariff Schedule of the

United States (HTSUS) at subheading

5503.20.00.20 is specifically excluded

from this order. Also specifically

excluded from this order is polyester

staple fibers of 10 to 18 denier that are

cut to lengths of 6 to 8 inches (fibers

used in the manufacture of carpeting).

In addition, low-melt PSF is excluded

from this order. Low-melt PSF is

defined as a bi-component fiber with an

outer sheath that melts at a significantly

lower temperature than its inner core.

The merchandise subject to this order

is classified in the HTSUS at

subheadings 5503.20.00.40 and

5503.20.00.60. Although the HTSUS

subheadings are provided for

convenience and customs purposes, the

written description of this order is

dispositive.

Final Results of Changed

Circumstances Antidumping Review

No new information or argument has

been submitted that would alter the

conclusion we reached in our

preliminary results. Therefore, we

determine that Huvis is not the

successor-in-interest to either Samyang

or SK individually, or to Samyang and

SK jointly, and that entries of

merchandise produced by Huvis are

subject to the antidumping duty order

on PSF from Korea at the ‘‘all others’’

rate. We will continue to suspend

liquidation for merchandise produced

and exported by Huvis on or after

November 1, 2000, the date of the jointventure merger of Samyang and SK

Chemicals, and to require the deposit of

estimated duties at the ‘‘all others’’ rate

of 11.35 percent.

With respect to the imports of subject

merchandise by Stein Fibers, it is not

necessary, at this time, to determine

whether these entries were of Samyang

or Huvis merchandise. We will continue

to suspend the liquidation of these

entries, which are listed in the April 6,

2001, message to Customs, at 0.00

percent. These entries will be covered

by the results of an administrative

review of the antidumping duty order

on PSF from Korea, if requested during

the anniversary month, or automatic

assessment, as appropriate.

This notice also serves as a reminder

to parties subject to administrative

protective orders (APOs) of their

responsibility concerning the

disposition of proprietary information

disclosed under APO in accordance

with section 19 CFR 351.306 of the

antidumping duty regulations. Timely

written notification of the return/

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.

These final results and notice are in

accordance with sections 751(b)(1) and

777(i)(1) of the Act and section 351.216

of the Department’s regulations.

Dated: May 29, 2001.

Faryar Shirzad,

Assistant Secretary for Import

Administration.

[FR Doc. 01–14276 Filed 6–5–01; 8:45 am]

BILLING CODE 3510–DS–P