[Federal Register Volume 64, Number 235 (Wednesday, December 8, 1999)]
[Notices]
[Pages 68669-68670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31796]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-405-802]
Certain Cut-to-Length Carbon Steel Plate From Finland; Notice of
Amended Final Results of Administrative Review in Accordance With Final
Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Amended Final Results of Administrative Review in
Accordance with Final Court Decision on Certain Cut-to-Length Carbon
Steel Plate from Finland.
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SUMMARY: On April 27, 1999, the U.S. Court of International Trade
affirmed in part and reversed in part the Department of Commerce's
remand determination of the final results of the antidumping duty
administrative review of certain cut-to-length carbon steel plate from
Finland. As there is now a final and conclusive court decision in this
action, we are amending our final results.
EFFECTIVE DATE: December 8, 1999.
FOR FURTHER INFORMATION CONTACT: Charles Rast or Linda Ludwig, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-1324 and (202) 482-3833, respectively.
SUPPLEMENTAL INFORMATION:
Background
On April 15, 1997, the Department of Commerce (the Department)
published the final results of the second administrative review in
Certain Cut-to-Length Carbon Steel Plate from Finland, 62 FR 18468
(April 15, 1997) (Final Results), covering the period August 1, 1994
through July 31, 1995. In the Final Results the Department treated
subject merchandise produced to different grade ``A'' shipbuilding
specifications as non-identical merchandise. The Department also used
facts available as normal value (NV) for home market sales of wide flat
products or beveled plate. The Department used as facts available 32.80
percent ad valorem, the weighted-average duty rate from the original
less than fair value (LTFV) investigation.
Subsequent to the publication of the Department's Final Results,
both respondent Rautaruukki Oy (Rautaruukki) and petitioners appealed
the Final Results to the U.S. Court of International Trade (the Court).
Respondent argued that the Department should have treated all grade
``A'' shipbuilding steel as identical merchandise. Petitioners argued
that, as facts available, the Department should have used the rate
which resulted from the court challenge to the original LTFV
investigation. See Rautaruukki Oy v. United States, Slip Op. 97-56
(CIT, May 13, 1997); Certain Cut-to-Length Carbon Steel Plate from
Finland: Amended Final Determination of Sales at Less Than Fair Value,
62 FR 55782, 55783 (October 28, 1997).
Based on these challenges the Court remanded the Final Results. See
[[Page 68670]]
Rautaruukki Oy v. United States, Slip Op. 98-112 (CIT, August 4, 1998).
On remand, the Court instructed the Department to (1) use as facts
available for wide flats and beveled plate products the revised
weighted-average rate of 40.36 percent from the original investigation,
and (2) obtain additional grade ``A'' shipbuilding plate information
from the respondent Rautaruukki and reconsider its decision on
identical product matches.
On October 30, 1998, the Department filed its remand determination
with the Court. In its determination, the Department maintained that
the specifications for grade ``A'' shipbuilding steel in this case are
not identical for model-match purposes. The Department noted that, in
any event, treating grade ``A'' shipbuilding plate produced to
different specifications as identical merchandise would not have
affected the calculated dumping margin. Additionally, the Department
used a partial facts available rate of 40.36 percent which resulted in
a margin of 30.70 percent for the period August 1, 1994 through July
31, 1995.
On April 27, 1999, the Court sustained the Department's use of the
revised partial facts available rate in recalculating a weighted-
average duty rate. The Court reversed the Department's remand
determination as it relates to the treatment of grade ``A''
merchandise. In this regard, the Court instructed Commerce to
recalculate the dumping margin, treating all grade ``A'' steel plate as
identical merchandise. See Rautaruukki Oy v. United States, Slip Op.
99-39 (CIT, April 27, 1999). Despite this instruction, the Court did
not remand the final results to the Department, nor did the Court
request that the Department inform the Court of its actions.
Pursuant to the Court's order, we have placed on the record in this
case the margin calculation program in which we treated all grade ``A''
shipbuilding steel plate as identical merchandise. The results of the
recalculation did not affect the margin calculation specified in the
Department's remand determination.
Amendment to Final Results of Review
Because there is now a final and conclusive decision in the court
proceeding, effective as of the publication date of this notice, the
following final weighted-average dumping margin exists:
Certain Cut-to-Length Carbon Steel
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Weighted-
Producer/Manufacturer/exporter average
margin
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Rautaruukki Oy............................................. 30.70
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The Department will instruct the Customs Service to change the cash
deposit requirements in accordance with the above rate and assess
antidumping duties on all appropriate entries. The Department will
issue appraisement instructions directly to the Customs Service.
Dated: November 10, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-31796 Filed 12-7-99; 8:45 am]
BILLING CODE 3510-DS-P