[Federal Register: March 24, 1998 (Volume 63, Number 56)] [Notices] [Page 14066-14067] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24mr98-31] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-588-843] Notice of Amended Preliminary Determination of Sales at Less Than Fair Value: Stainless Steel Wire Rod From Japan AGENCY: Import Administration, International Trade Administration, U.S. Department of Commerce. EFFECTIVE DATE: March 24, 1998. FOR FURTHER INFORMATION CONTACT: David Genovese, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-0498. The Applicable Statute 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. In addition, unless otherwise indicated, all citations to the Department of Commerce's (the Department's) regulations are references [[Page 14067]] to 19 CFR part 351 (62 FR 27296 (May 19, 1997)). Amended Preliminary Determination We are amending the preliminary determination of sales at less than fair value for stainless steel wire rod (SSWR) from Japan to reflect the correction of a ministerial error made in a margin calculation in that determination. We are publishing this amendment to the preliminary determination pursuant to 19 CFR 351.224(e). Case History On February 25, 1998, the Department preliminarily determined that SSWR from Japan is being, or is likely to be, sold in the United States at less than fair value (63 FR 10854 (March 5, 1998)). On February 27, 1998, we disclosed our calculations for the preliminary determination to counsel for Daido Steel Company, Ltd., Hitachi Metals, Ltd. (Hitachi), and Nippon Steel Corporation. On March 5, 1998, we disclosed our calculations for the preliminary determination to counsel for the petitioner. On March 2 and 4, 1998, we received submissions, timely filed pursuant to 19 CFR 351.224(c)(2), from Hitachi, alleging ministerial errors in the Department's preliminary determination. In its submissions, Hitachi requested that these errors be corrected and an amended preliminary determination be issued reflecting these changes. We did not receive comments from any other respondent or from the petitioner. Amendment of Preliminary Determination The Department's regulations provide that the Department will correct any significant ministerial error by amending the preliminary determination. See 19 CFR 351.224(e). A significant ministerial error is an error the correction of which, either singly or in combination with other errors: (1) Would result in a change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated in the original (erroneous) preliminary determination; or (2) Would result in 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). After analyzing Hitachi's submissions, we have determined that a ministerial error was made in the margin calculation for Hitachi in the preliminary determination. Specifically, we inadvertently failed to convert the constructed value unit cost information from a per-kilogram basis to a per-pound basis, which is the basis on which the U.S. sales of further manufactured products were reported. See Memorandum To Louis Apple From The Team, dated March 13, 1998, for a detailed discussion of Hitachi's ministerial error and the Department's analysis. Because the correction of this ministerial error results in a zero margin for Hitachi, the Department hereby amends its preliminary determination to correct this error. In addition, because section 735(c)(5)(A) of the Act directs the Department to exclude zero margins from the calculation of the ``All Others Rate,'' we have recalculated the ``All Others Rate.'' The revised weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Manufacturer/producer/exporter margin percentage ------------------------------------------------------------------------ Hitachi Metals, Ltd........................................ 0.00 Daido Steel Co., Ltd....................................... 31.38 Nippon Steel Corp.......................................... 24.41 Sanyo Special Steel Co., Ltd............................... 31.38 Sumitomo Electric Industries, Ltd.......................... 31.38 All Others................................................. 26.59 ------------------------------------------------------------------------ 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 bond on all entries of subject merchandise from Japan--excepted those produced and exported by Hitachi--at the rates indicated above, 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. The revised company-specific rate for Hitachi and the ``All Others'' rate, as well as those rates which have not changed are listed above. International Trade Commission Notification In accordance with section 773(f) of the Act, we have notified the International Trade Commission of the amended preliminary determination. This amended preliminary determination is published pursuant to section 777(i) of the Act. Dated: March 18, 1998. Robert S. LaRussa, Assistant Secretary for Import Administration. [FR Doc. 98-7638 Filed 3-23-98; 8:45 am] BILLING CODE 3510-DS-P