[Federal Register: July 23, 1999 (Volume 64, Number 141)] [Notices] [Page 39970-39971] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr23jy99-44] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-122-833] Amended Preliminary Antidumping Determination: Live Cattle From Canada AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 23, 1999. FOR FURTHER INFORMATION CONTACT: Gabriel Adler or Kris Campbell, 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) 482-1442 or (202) 482-3813, respectively. Amendment of Preliminary Determination The Department of Commerce (the Department) is amending the preliminary determination in the antidumping investigation of live cattle from Canada. This amended preliminary determination results in revised antidumping rates. On June 30, 1999, the Department issued its affirmative preliminary determination in this proceeding. See Notice of Preliminary Determination of Sales at Less Than Fair Value: Live Cattle from Canada, 64 FR 36847 (July 8, 1999). In the preliminary determination, we provided notice that we were considering issuing an amended preliminary determination based on the following facts: Immediately prior to the date of the determination (on June 29th and 30th), the respondents filed revised U.S., home market, and cost databases. Our initial examination of the information indicates that, for at least one company, the antidumping rate calculated using such data may differ significantly from the rates listed below. We will examine this data further and, if we find that the errors corrected result in a rate that differs substantially from the rates as calculated for this preliminary determination, we may issue an amended preliminary determination for any such company. Id. at 36848. On July 1, 1999, we confirmed that the corrections contained in the revised data filed prior to the preliminary determination result in a substantial change to the antidumping rate for one company (Schaus). This company's June 30th filing corrected a number of errors, found in preparing for verification, to the company's U.S., home market, and cost databases, including omissions of cost items that had previously resulted in significantly understated costs prior to the correction of these errors. The company's corrected data results in a change to its antidumping rate from 5.43 percent to 15.69 percent. On July 12, 1999, Schaus filed a submission indicating that it was ceasing its participation in this investigation. In this submission, Schaus stated that, ``[f]rom the very beginning of this investigation, Schaus has sought to cooperate to the best of its ability'' but that it was unable to continue due to resource constraints. See Letter from Schaus Land & Cattle Company to the Department, July 12, 1999, at 1-2. Schaus also stated its intent to withdraw certain information from the record in this investigation, specifying that it wished to withdraw ``its responses to Sections B, C, and D of the Department's questionnaire and its supplemental submissions pertaining to those sections.'' Id. Given that Schaus declined, subsequent to the preliminary determination, to cooperate further in this proceeding, we may determine for the final determination that Schaus will be subject to the facts available. However, their withdrawal after the preliminary determination does not prevent corrections of the preliminary determination to accurately reflect the information on the record at the time it was made. To do otherwise would allow manipulation of the administrative process in a manner that prevents the determination of accurate antidumping rates, and would thwart the proper administration of the antidumping law. Accordingly, we are implementing the corrections referred to in our preliminary determination, based on the significant corrections to errors in Schaus's data as provided in its June 30th submission. In so doing, we have determined that under these facts (i.e., a pre-preliminary correction by the respondent of significant errors as acknowledged in the Department's Notice of Preliminary Determination, which results in a corrected rate that differs substantially from the prior rate, and Schaus's post- preliminary withdrawal of information), correction of the preliminary antidumping duty rate is warranted. Therefore, we are amending our preliminary determination to revise the antidumping rate for Schaus, along with the corresponding correction to the ``all others'' rate, as listed below. 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 Act. [[Page 39971]] The revised weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/producer margin percentage ------------------------------------------------------------------------ Cor Van Raay............................................... 4.49 Groenenboom................................................ 3.90 JGL........................................................ 3.94 Pound Maker................................................ * 0.18 Riverside/Grandview........................................ 6.81 Schaus..................................................... 15.69 All Others................................................. 5.57 ------------------------------------------------------------------------ * de minimis. This determination is published pursuant to sections 733(d) and 777(i)(1) of the Act. Dated: July 16, 1999. Richard W. Moreland, Acting Assistant Secretary for Import Administration. [FR Doc. 99-18855 Filed 7-22-99; 8:45 am] BILLING CODE 3510-DS-P