----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-421-701] Brass Sheet and Strip From the Netherlands; Amendment of Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Amendment of Final Results of Antidumping Duty Administrative Review.
SUMMARY: The Department of Commerce (the Department) is amending its final results of administrative review, published on January 19, 1996, of the antidumping duty order on brass sheet and strip from the Netherlands, to reflect the correction of ministerial errors in those final results. EFFECTIVE DATE: June 19, 1997. FOR FURTHER INFORMATION CONTACT: Thomas Killiam or John Kugelman, AD/ CVD Enforcement Group III, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-2704 or (202) 482-0649, respectively. Applicable Statute and Regulations Unless otherwise stated, all citations to the statute and the regulations are references to the provisions as they existed on December 31, 1994. SUPPLEMENTARY INFORMATION: Background The Department published the final results of antidumping administrative review on January 19, 1996 (61 FR 1324). The respondent is Outokumpu Copper Rolled Products B.V. (OBV). The petitioners are Hussey Copper, Ltd., The Miller Company, Olin Corporation, Revere Copper Products, Inc., International Association of Machinists and Aerospace Workers, International Union, Allied Industrial Workers of America (AFL-CIO), Mechanics Educational Society of America (Local 56), and United Steelworkers of America (AFL-CIO/CLC). On February 12, 1996, we received timely allegations from OBV and the petitioners that the Department had made certain ministerial errors in the final results. The Department agreed that certain of the allegations constituted ministerial errors but the Department was unable to issue a determination correcting these errors before the petitioners filed a complaint with the Court of International Trade (CIT), challenging the final results of review. Therefore, the Department requested leave from the CIT to correct these errors. On August 1, 1996, the CIT granted the Department leave to correct the errors. Scope of the Review Imports covered by this review are shipments of brass sheet and strip, other than leaded and tinned brass sheet and strip, from the Netherlands. The chemical composition of the products under review is currently defined in the Copper Development Association (C.D.A.) 200 Series or the Unified Numbering System (U.N.S.) C20000 series. This review does not cover products the chemical compositions of which are defined by other C.D.A. or U.N.S. series. The merchandise is currently classified under Harmonized Tariff Schedule (HTS) item numbers 7409.21.00 and 7409.29.20. The HTS item numbers are provided for convenience and Customs purposes. The written description remains dispositive. Amended Final Results of Review The respondent alleged that the Department inadvertently used shipment date as the date of sale, in calculating foreign market value (FMV) and in making foreign exchange rate conversions. The respondent also alleged that the Department improperly failed to convert the constructed value corresponding to a particular U.S. sale from guilders per kilogram to dollars per pound. The petitioners alleged that for U.S. sales with further manufacturing in the United States, the Department failed to subtract the full amount of allocated direct and indirect selling expenses from U.S. price. The petitioners also alleged that, although the final results analysis memorandum states that the Department treated certain U.S. payments for specific sales as indirect selling expenses rather than as commissions, and there were no other claims for U.S. commission expenses for the sales in question, in the computer program the Department deducted home market indirect selling expenses from FMV as an offset to U.S. ``commissions'' for these same U.S. sales. Finally, the petitioners alleged that the Department incorrectly included several below-cost home market sales when calculating FMV. As noted above, we have reviewed each of these alleged errors, and we agree that they constitute ministerial errors. Therefore, we have amended our final results accordingly. Amended Final Results of Review After correcting the final results for the above ministerial errors, the Department has determined that the following margin exists: ------------------------------------------------------------------------ Percent Manufacturer/exporter Period margin ------------------------------------------------------------------------ Outokumpu Copper........................... 8/1/90-7/31/91 5.85 ------------------------------------------------------------------------ The Department shall determine, and the Customs Service shall assess, antidumping duties on all appropriate entries. Individual differences between the U.S. price and FMV may vary from the above percentage. The Department will issue appraisement instructions directly to the Customs Service. Furthermore, the following deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these amended final ---- page 33396 ---- results, as provided for by section 751(a)(1) of the Act. (1) The cash deposit rate for OBV will be 5.85%; (2) For previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) If the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) If neither the exporter nor the manufacturer is a firm covered in this or any previous review conducted by the Department, the cash deposit rate will be 16.99 percent, the ``all others'' rate established in the LTFV investigation. This notice serves as a reminder to importers of their responsibility under 19 CFR 353.26 to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This amendment of the final results of review and this notice are in accordance with section 751(f) of the Act (19 U.S.C. 1675(f)) and 19 CFR 353.28(c)(1995). Dated: June 10, 1997. Robert S. LaRussa, Acting Assistant Secretary for Import Administration. [FR Doc. 97-16047 Filed 6-18-97; 8:45 am] BILLING CODE 3510-DS-P
The Contents entry for this article reads as follows: International Trade Administration NOTICES Antidumping: Brass sheet and strip from-- Netherlands, 33395
