[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Notices]
[Pages 9008-9009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3961]



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DEPARTMENT OF COMMERCE
[A-570-834]


Amendment to Preliminary Determination of Sales at Less Than Fair 
Value: Disposable Lighters From the People's Republic of China

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

EFFECTIVE DATE: February 16, 1995.

FOR FURTHER INFORMATION CONTACT: Julie Anne Osgood or Todd Hansen, 
Office of Countervailing Investigations, U.S. Department of Commerce, 
Room B099, 14th and Constitution Avenue, NW., Washington, DC 20230; 
telephone (202) 482-0167 and 482-1276, respectively.

Scope of Investigation

    The products covered by this investigation are disposable pocket 
lighters, whether or not refillable, whose fuel is butane, isobutane, 
propane, or other liquefied hydrocarbon, or a [[Page 9009]] mixture 
containing any of these, whose vapor pressure at 75 degrees Fahrenheit 
(24 degrees Celsius) exceeds a gauge pressure of 15 pounds per square 
inch. Non-refillable pocket lighters are imported under subheading 
9613.10.0000 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Refillable, disposable pocket lighters would be imported 
under subheading 9613.20.0000. Although the HTSUS subheadings are 
provided for convenience and Customs purposes, our written description 
of the scope of this proceeding is dispositive.

Case History

    On December 5, 1994 (59 FR 64191, December 13, 1994), the 
Department of Commerce (``the Department'') made its affirmative 
preliminary determination of sales at less than fair value in the 
above-referenced investigation. On December 8, 1994, we disclosed our 
calculations for the preliminary determination to counsel for PolyCity 
Industrial Ltd. (``PolyCity''), a respondent in this investigation.
    On December 13, 1994, counsel for PolyCity alleged that ministerial 
errors had occurred in the calculations and requested that these errors 
be corrected and an amended preliminary determination be issued 
reflecting these corrections. On December 16, 1994, petitioners 
submitted comments regarding PolyCity's ministerial error allegations. 
On January 10, 1995, counsel for PolyCity again requested that the 
Department amend the preliminary determination to correct for 
ministerial errors.
    PolyCity alleged that for a particular U.S. sale, the Department 
made its first ministerial error when it used an incorrect value for 
ocean freight in the calculation of U.S. price. Rather than use the 
figure reported in its supplemental response, PolyCity argues that the 
Department erred when it used the figure provided on the computer 
diskette accompanying the response. According to PolyCity, the 
narrative portion of the response rather than the spreadsheet provided 
on diskette contained the correct value for ocean freight. We disagree 
that this constitutes a ministerial error. Rather, we believe that this 
issue should be addressed at verification where the correct value for 
ocean freight can be established.
    The second ministerial error alleged by counsel for PolyCity 
involved the calculation of transportation costs for the various 
components used in the production of disposable lighters. According to 
PolyCity, the Department used the inland freight figures reported in 
PolyCity's supplemental response incorrectly. Rather than using the 
reported inland freight as transportation costs per unit of measure 
(i.e., cost per kilogram), the Department erred in treating the inland 
freight costs as transportation costs per component. PolyCity maintains 
that in order to obtain the transportation cost per lighter associated 
with each item, the Department should have multiplied the reported 
freight price for that item by the quantity of the item used in 
producing a lighter. Based on these comments and the Department's own 
analysis, we found that a significant ministerial error had been made.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute and to the 
Department's regulations are references to the provisions as they 
existed on December 31, 1994. References to the Proposed Regulations, 
are provided solely for further explanation of the Department's AD 
practice with respect to amended preliminary determinations. Although 
the Department has withdrawn the particular rulemaking proceeding 
pursuant to which the Proposed Regulations were issued, the subject 
matter of these regulations is being considered in connection with an 
ongoing rulemaking proceeding which, among other things, is intended to 
conform the Department's regulations to the Uruguay Round Agreements 
Act. See 60 FR 80 (January 3, 1995).

Amendment of Preliminary Determination

    It is not our normal practice to amend preliminary determinations 
since these determinations only establish estimated margins, which are 
subject to verification, and which may change in the final 
determination. However, the Department has stated that it will amend a 
preliminary determination to correct for significant ministerial 
errors. (See Proposed Rules and Notice of Amended Preliminary 
Determination of Sales at Less than Fair Value: Fresh Cut Roses from 
Colombia, 59 FR 51554 (October 12, 1994) and Amendment to Preliminary 
Determination of Sales at Less than Fair Value: Sweaters Wholly or in 
Chief Weight of Man-Made Fiber from Hong Kong, 55 FR 19289 (May 9, 
1990).) Given the facts of this investigation, as noted above, the 
Department hereby amends its preliminary determination to correct for 
the ministerial error involved. The revised estimated margin for 
PolyCity is 39.37%.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will direct the U.S. Customs Service to continue to require a cash 
deposit or posting of a bond for all entries of subject merchandise 
from the PRC for all respondents, as set forth in the original 
preliminary determination, and for PolyCity, at the newly calculated 
rate, that are entered, or withdrawn from warehouse, for consumption on 
or after the date of publication of this notice in the Federal 
Register. The suspension of liquidation will remain in effect until 
further notice.

ITC Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of the amended preliminary determination. If our final 
determination is affirmative, the ITC will determine whether imports of 
the subject merchandise are materially injuring, or threaten material 
injury to, the U.S. industry within 45 days after our final 
determination.
    This notice is published pursuant to section 733(f) of the Act and 
19 CFR 353.13(a)(4).

    Dated: February 9, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-3961 Filed 2-15-95; 8:45 am]
BILLING CODE 3510-DS-P