65 FR 34655, May 31, 2000 A-560-807 Investigation DAS II (5): AD Public Document MEMORANDUM TO: Troy H. Cribb Acting Assistant Secretary for Import Administration FROM: Holly Kuga Acting Deputy Assistant Secretary for AD/CVD Enforcement Group II SUBJECT: Issues and Decision Memorandum for the Antidumping Duty Investigation of Cold-Rolled Flat-Rolled Carbon Quality Steel Products from Indonesia; Notice of Final Determination of Sales at Less Than Fair Value (A-560-807) Summary We have analyzed the case brief filed on behalf of the petitioners in the antidumping duty investigation of cold-rolled flat-rolled carbon quality steel products (cold-rolled steel) from Indonesia. We recommend that you approve the positions we have developed in the Discussion of Issues section of this memorandum. The only issue briefed in this case is the choice of adverse facts available to be applied to the single respondent in determining its final dumping margin. Background We published the preliminary determination in this investigation in the Federal Register on January 7, 2000. See Notice of Preliminary Determination of Sales at Less Than Fair Value: Cold-Rolled Flat-Rolled Carbon-Quality Steel Products from Indonesia, 65 FR 1103 (January 7, 2000) (Preliminary Determination). The period of investigation (POI) is April 1, 1998, through March 31, 1999. The investigation covers cold-rolled steel sales made by one manufacturer/exporter, PT Krakatau Steel (Krakatau). We calculated a margin for the preliminary determination using respondent's data. We then conducted verification of the respondent's sales data in this investigation and discovered that Krakatau failed to report a significant portion of their U.S. sales. In light of this discovery, the Department canceled the scheduled cost verification and decided to proceed with a final determination on the basis of total adverse facts available. See Memorandum from The Team to Holly Kuga, dated February 28, 2000 (AFA Memo) on file in the Central Records Unit, Room B-099 of the Main Department of Commerce building. We invited parties to comment on our preliminary determination. We received a case brief from the petitioners (1) on March 7, 2000. Krakatau did not file a case brief. The petitioners had filed a timely request for a hearing, but withdrew their request. Scope of Investigation For purposes of this investigation, the products covered are certain cold- rolled (cold-reduced) flat-rolled carbon-quality steel products, neither clad, plated, nor coated with metal, but whether or not annealed, painted, varnished, or coated with plastics or other non-metallic substances, both in coils, 0.5 inch wide or wider, (whether or not in successively superimposed layers and/or otherwise coiled, such as spirally oscillated coils), and also in straight lengths, which, if less than 4.75 mm in thickness having a width that is 0.5 inch or greater and that measures at least 10 times the thickness; or, if of a thickness of 4.75 mm or more, having a width exceeding 150 mm and measuring at least twice the thickness. The products described above may be rectangular, square, circular or other shape and include products of either rectangular or non- rectangular cross- section where such cross-section is achieved subsequent to the rolling process (i.e., products which have been "worked after rolling") -- for example, products which have been beveled or rounded at the edges. Specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial-free ("IF")) steels, high strength low alloy ("HSLA") steels, and motor lamination steels. IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Motor lamination steels contain micro-alloying levels of elements such as silicon and aluminum. Steel products included in the scope of this investigation, regardless of definitions in the Harmonized Tariff Schedules of the United States ("HTSUS"), are products in which: (1) iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight, and; (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated: 1.80 percent of manganese, or 2.25 percent of silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium (also called columbium), or 0.15 percent of vanadium, or 0.15 percent of zirconium. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this investigation unless specifically excluded. The following products, by way of example, are outside and/or specifically excluded from the scope of this investigation: - SAE grades (formerly also called AISI grades) above 2300; - ball bearing steels, as defined in the HTSUS; - tool steels, as defined in the HTSUS; - silico-manganese steel, as defined in the HTSUS; - silicon-electrical steels, as defined in the HTSUS, that are grain- oriented; - silicon-electrical steels, as defined in the HTSUS, that are not grain- oriented and that have a silicon level exceeding 2.25 percent; - all products (proprietary or otherwise) based on an alloy ASTM specification (sample specifications: ASTM A-506, A-507); - non-rectangular shapes, not in coils, which are the result of having been processed by cutting or stamping and which have assumed the character of articles or products classified outside chapter 72 of the HTSUS. - silicon-electrical steels, as defined in the HTSUS, that are not grain- oriented and that have a silicon level less than 2.25 percent, and a) fully-processed, with a core loss of less than 0.14 watts/pound per mil (0.001 inch), or b) semi-processed, with core loss of less than 0.085 watts/pound per mil (0.001 inch); - certain shadow mask steel, which is aluminum killed cold-rolled steel coil that is open coil annealed, has an ultra-flat, isotropic surface, and which meets the following characteristics: thickness: 0.001 to 0.010 inch, width: 15 to 32 inches, chemical composition: carbon content less than 0.002 percent, by weight. - certain flapper valve steel, which is hardened and tempered, surface polished, and which meets the following characteristics: thickness: less than or equal to 1.0 mm; width: less than or equal to 152.4 mm; chemical composition: carbon content greater than or equal to 0.90 percent and less than or equal to 1.05 percent, by weight; silicon content greater than or equal to 0.15 percent and less than or equal to 0.35 percent by weight; magnesium content greater than or equal to 0.30 percent and less than or equal to 0.50 percent, by weight; phosphorus content of less than or equal to 0.03 percent, by weight; and sulphur content less than or equal to 0.006 percent, by weight; mechanical properties: tensile strength greater than or equal to 162 KgF/square mm; hardness greater than or equal to 475 Vickers hardness number; physical properties: flatness less than 0.2 percent of nominal strip width; microstructure: completely free from decarburization. Carbides are spheroidal and fine within 1 percent to 4 percent (area percentage) and are undissolved in the uniform tempered martensite; non-metallic inclusion: sulfide inclusion with area percentage less than or equal to 0.04 percent, and oxide inclusion with area percentage less than or equal to 0.05 percent; compressive stress: 10 to 40 KgF/square mm; surface roughness specifications: if thickness is less than or equal to 0.209 mm, will have roughness (RZ) less than or equal to 0.5 micrometer; if thickness is greater than 0.209 mm but less than or equal to 0.310 mm, will have roughness (RZ) of less than or equal to 0.6 micrometer; if thickness is greater than 0.310 mm but less than or equal to 0.440 mm , will have roughness (RZ) less than or equal to 0.7 micrometer; if thickness is greater than 0.440 mm but less than or equal to 0.560 mm, will have roughness (RZ) less than or equal to 0.8 micrometer; if thickness is greater than 0.560 mm, will have roughness (RZ) less than or equal to 1.0 micrometer. - certain ultra thin gauge steel strip, which meets the following characteristics: thickness less than or equal to 0.100 mm (+/- 7 percent), width: 100 to 600 mm; chemical composition: carbon content less than or equal to 0.07 percent by weight; manganese content greater than or equal to 0.2 but less than or equal to 0.5 percent by weight; phosphorus content less than or equal to 0.05 percent by weight; sulphur content less than or equal to 0.05 percent by weight; aluminum content less than or equal to 0.07 percent by weight; with the balance iron; mechanical properties: hardness equals full hard (HV 180 minimum); total elongation less than 3 percent; and tensile strength of 600 to 850 n/square mm. Physical properties: surface finish less than or equal to 0.3 micron; camber (in 2.0 m) less than 3.0 mm; flatness (in 2.0 m) less than or equal to 0.5 mm; edge burr less than 0.01 mm greater than thickness; and coil set (in 1.0 m) less than 75.0 mm. - certain silicon steel, which meets the following characteristics: thickness: 0.024 inch +/- 0.0015 inch; width: 33 inches to 45.5 inches; chemical composition: minimum silicon content of 0.65 percent, by weight, maximum carbon content of 0.004 percent, by weight, maximum manganese content of 0.4 percent, by weight; maximum phosphorus content of 0.09 percent, by weight, maximum sulphur content of 0.009 percent, by weight; maximum aluminum content of 0.4 percent, by weight. Mechanical properties: hardness of B 60-75 (aim 65); physical properties: smooth finish (30 - 60 microinches), gamma crown (in 5 inches) of 0.0005 inches, with measurement beginning one- quarter inch from slit edge; flatness of 20 i-unit maximum; coating of c3a - 0.08a maximum (A2 coating acceptable); camber (in any 10 feet) of one-sixteenth inch; coil size inside diameter of 20 inches. Magnetic properties: core loss (1.5t/60 HZ) NAAS of 3.8 watts/pound maximum. Permeability (1.5t/60 HZ) NAAS of 1700 gauss/oersted typical 1500 minimum. - certain aperture mask steel, which has an ultra-flat surface flatness and which meets the following characteristics: thickness: 0.025 mm to 0.245 mm; width: 381 mm - 1000 mm; chemical composition: carbon content of less than 0.01 percent, by weight, nitrogen content greater than or equal to 0.004 and less than or equal to 0.007 percent, by weight, and aluminum content of less than 0.007 percent, by weight. - certain annealed and temper-rolled cold-rolled continuously cast steel, which meets the following characteristics: chemical composition: carbon content of minimum 0.02 and maximum 0.06 percent, by weight; manganese content of minimum 0.20 and maximum 0.40 percent, by weight; maximum phosphorus content of 0.02 percent, by weight; maximum sulphur content of 0.023 (aiming 0.018 maximum) percent, by weight; maximum silicon content of 0.03 percent, by weight; minimum aluminum content of 0.03 percent, by weight and maximum 0.08 (aiming 0.05) percent, by weight; maximum arsenic content of 0.02 percent, by weight; maximum copper content of 0.08 percent, by weight; nitrogen content of minimum 0.003 percent, by weight and maximum 0.008 (aiming 0.005) percent, by weight. Non- metallic inclusions: examination with the S.E.M. shall not reveal individual oxides greater than 1 micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. Surface treatment as follows: the surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating. Surface finish shall be extra bright with roughness, of 0 RA microinches (0 micrometers) to 7 RA microinches (0.2 micrometers) with an aim of 5 microinches (0.1 micrometers). - certain annealed and temper-rolled cold-rolled continuously cast steel, which meets the following characteristics: chemical composition: carbon content of less than 0.08 percent, by weight; silicon content of less than 0.04 percent, by weight; manganese content of less than 0.40 percent, by weight; phosphorous content of less than 0.03 percent by weight; sulfur content of less than 0.03 percent, by weight; aluminum content of 0.010 to 0.025 percent, by weight; nitrogen content of less than 0.0025 percent, by weight; additional properties: hardness of hv 85-110; matte surface; width tolerance of -0.0/+7 mm; annealed; tensile strength greater than 275n/square mm; elongation greater than 36 percent; thickness tolerance (guaranteed inside of 15 mm from mill edges) of +/-5 percent (aim of +/- 4 percent). - certain annealed and temper-rolled cold-rolled continuously cast steel, in coils, with a base weight of 55 pounds, which includes a certificate of analysis per cable systems international (CSI) specification 96012 and meets the following characteristics: chemical composition: maximum carbon content of 0.13 percent, by weight; maximum manganese content of 0.60 percent, by weight; maximum phosphorous content of 0.02 percent by weight; maximum sulfur content of 0.05 percent, by weight; additional properties: theoretical thickness of 0.0061 inch,+/- 10 percent of theoretical thickness; width of 31 inches; tensile strength of 45,000 to 55,000 psi; and elongation of a minimum of 15 percent in 2 inches. - certain full hard tin mill black plate, continuously cast, which meets the following characteristics: chemical composition: carbon content of minimum 0.02 percent, by weight and maximum 0.06 percent, by weight; manganese content of minimum 0.20 and maximum 0.40 percent, by weight; maximum phosphorus content of 0.02 percent, by weight; maximum sulphur content of 0.023 (aiming 0.018 maximum) percent, by weight; maximum silicon content of 0.03 percent, by weight; aluminum content of minimum 0.03 and maximum 0.08 (aiming 0.05) percent, by weight; maximum arsenic content of 0.02 percent, by weight; maximum copper content of 0.08 percent, by weight; nitrogen content of minimum 0.003 and maximum 0.008 (aiming 0.005) percent, by weight. Non-metallic inclusions: examination with the S.E.M. shall not reveal individual oxides greater than 1 micron (0.000039 inch) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inch) in length. The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating. Surface finish shall be stone finish with roughness of 8 RA microinches (0.2 micrometers) to 24 RA microinches (0.6 micrometers) with an aim of 16 RA microinches (0.4 micrometers). - certain ultra-bright tin mill black plate meeting ASTM 7a specifications for surface finish and RA of seven micro-inches or lower. - concast cold-rolled drawing quality sheet steel, ASTM a-620-97, Type B, or single reduced black plate, ASTM A-625-92, Type D, T-1, ASTM A-625-76 and ASTM A-366-96, T1-T2-T3 commercial bright/luster 7A both sides, RMS 12 maximum. Thickness range of 0.0088 to 0.038 inches, width of 23.0 inches to 36.875 inches. - certain single reduced black plate, meeting ASTM A-625-98 specifications, 53 pound base weight (0.0058 inch thick) with a temper classification of T-2 (49-57 hardness using the Rockwell 30 T scale). - certain single reduced black plate, meeting ASTM A-625-76 specifications, 55 pound base weight, MR type matte finish, TH basic tolerance as per A263 trimmed. - certain single reduced black plate, meeting ASTM A-625-98 specifications, 65 pound base weight (0.0072 inch thick) with a temper classification of T-3 (53-61 hardness using the Rockwell 30 T scale). - certain cold-rolled black plate bare steel strip, meeting ASTM A-625 specifications, which meet the following characteristics: thickness: 0.0058 inch +/- 0.0003 inch; chemical composition: maximum carbon content of 0.13 percent, by weight; maximum manganese content of 0.60 percent, by weight; maximum phosphorous content of 0.02 percent, by weight; maximum sulfur content of 0.05 percent, by weight; mechanical properties: hardness: T2/hr 30t 50-60 aiming; elongation of greater or equal to fifteen percent; and tensile strength aiming for 51,000 psi +/- 4,000 psi. - certain cold-rolled black plate bare steel strip, in coils, meeting ASTM A-623, table ii, Type MR specifications, which meet the following characteristics: thickness: 0.0060 inch +/- 0.0005 inch; width of up to and including 10 inches +1/4 to 3/8 inch/-0; chemical composition: maximum carbon content of 0.13 percent, by weight; maximum manganese content of 0.60 percent, by weight; maximum phosphorous content of 0.04 percent, by weight; maximum sulfur content of 0.05 percent, by weight; mechanical properties: elongation of 15 percent in 2 inches, minimum; and tensile strength of 55,000 psi maximum. - certain "blued steel" coil (also know as "steamed blue steel" or "blue oxide") with a thickness and size of 0.30 mm x 0.42 mm and width of 609 mm to 1219 mm, in coil form. - certain cold-rolled steel sheet, whether coated or not coated with porcelain enameling prior to importation, which meets the following characteristics: nominal thickness: less than or equal to 0.019 inch; width of 35 inches to 60 inches; chemical composition: maximum carbon content of 0.004 percent, by weight; minimum oxygen content of 0.010 percent, by weight; and minimum boron content of 0.012 percent, by weight. - certain cold-rolled steel, which meets the following characteristics: chemical composition: maximum carbon content of 0.07 percent, by weight; maximum manganese content of 0.67 percent, by weight; maximum phosphorous content of 0.14 percent, by weight; maximum silicon content of 0.03 percent, by weight; physical and mechanical properties: width: 66 inches; thickness range of 0.800 to 2.000 mm; yield point (MPA) of 265 to 365; minimum tensile strength (MPA) of 440; and minimum elongation of 26 percent. - certain band saw steel, which meets the following characteristics: thickness less than or equal to 1.31 mm; width less than or equal to 80 mm; chemical composition: carbon content of 1.2 to 1.3 percent by weight; silicon content of 0.15 to 0.35 percent by weight; manganese content of 0.20 to 0.35 percent by weight; phosphorus content less than or equal to 0.03 percent by weight; sulphur content less than or equal to 0.007 percent by weight; chromium content of 0.30 to 0.5 percent by weight; and nickel content less than or equal to 0.25 percent by weight. Other properties: carbide: fully spheroidized having greater than 80 percent of carbides, which are less than or equal to 0.003 mm and uniformly dispersed; surface finish: bright finish free from pits, scratches, rust, cracks, or seams; smooth edges; edge camber (in each 300 mm of length) of less than or equal to 7 mm arc height; and cross bow (per inch of width) of 0.015 mm max. - certain transformation-induced plasticity (trip) steel, which meets the following characteristics: Variety 1: chemical composition: carbon content of 0.09 to 0.13 percent, by weight; silicon content of 1.0 to 2.1 percent, by weight; manganese content of 0.90 to 1.7 percent, by weight; physical and mechanical properties: thickness range of 1.000 to 2.300 mm (inclusive); yield point (MPA) of 320 to 480; minimum tensile strength (MPA) of 590; minimum elongation of 24 percent if 1.000 to 1.199 mm thickness range; minimum elongation of 25 percent if 1.200 to 1.599 mm thickness range; minimum elongation of 26 percent if 1.600 to 1.999 mm thickness range; and minimum elongation of 27 percent if 2.000 to 2.300 mm thickness range; Variety 2: chemical composition: carbon content of 0.12 to 0.16 percent, by weight; silicon content of 1.5 to 2.1 percent, by weight; manganese content of 1.1 to 1.9 percent, by weight; physical and mechanical properties: thickness range of 1.000 to 2.300 mm (inclusive); yield point (MPA) of 340 to 520; minimum tensile strength (MPA) of 690; minimum elongation of 21 percent if 1.000 to 1.199 mm thickness range; minimum elongation of 22 percent if 1.200 to 1.599 mm thickness range; minimum elongation of 23 percent if 1.600 to 1.999 mm thickness range; and minimum elongation of 24 percent if 2.000 to 2.300 mm thickness range; Variety 3: chemical composition: carbon content of 0.13 to 0.21 percent, by weight; silicon content of 1.3 to 2.0 percent, by weight; manganese content of 1.5 to 2.0 percent, by weight; physical and mechanical properties: thickness range of 1.200 to 2.300 mm (inclusive); yield point (MPA) of 370 to 570; minimum tensile strength (MPA) of 780; minimum elongation of 18 percent if 1.200 to 1.599 mm thickness range; minimum elongation of 19 percent if 1.600 to 1.999 mm thickness range; and minimum elongation of 20 percent if 2.000 to 2.300 mm thickness range. - certain corrosion-resistant cold-rolled steel, which meets the following characteristics: Variety 1: chemical composition: maximum carbon content of 0.10 percent, by weight; maximum manganese content of 0.40 percent, by weight; maximum phosphorous content of 0.10 percent, by weight; copper content of 0.15 to 0.35 percent, by weight; physical and mechanical properties: thickness range of 0.600 to 0.800 mm; yield point (MPA) of 185 to 285; minimum tensile strength (MPA) of 340; and minimum elongation of 31 percent (ASTM standard 31 percent equals JIS standard 35 percent); Variety 2: chemical composition: maximum carbon content of 0.05 percent, by weight; maximum manganese content of 0.40 percent, by weight; maximum phosphorous content of 0.08 percent, by weight; copper content of 0.15 to 0.35 percent, by weight; physical and mechanical properties: thickness range of 0.800 to 1.000 mm; yield point (MPA) of 145 to 245; minimum tensile strength (MPA) of 295; and minimum elongation of 31 percent (ASTM standard 31 percent equals JIS standard 35 percent); Variety 3: chemical composition: maximum carbon content of 0.01 percent, by weight; maximum silicon content of 0.05 percent, by weight; maximum manganese content of 0.40 percent, by weight; maximum phosphorous content of 0.10 percent, by weight; maximum sulfur content of 0.023 percent, by weight; copper content of 0.15 to 0.35 percent, by weight; maximum nickel content of 0.35 percent, by weight; maximum aluminum content of 0.10 percent, by weight; maximum niobium content of 0.10 percent, by weight; maximum titanium content of 0.10 percent, by weight; maximum vanadium content of 0.10 percent, by weight; maximum boron content of 0.10 percent, by weight; maximum molybdenum content of 0.30 percent, by weight; physical and mechanical properties: thickness of 0.7 mm; and elongation of greater than or equal to 35 percent. - certain porcelain enameling sheet, drawing quality, in coils, 0.014 inch in thickness, +0.002,-0.000, meeting ASTM A-424-96 type 1 specifications, and suitable for two coats. The merchandise subject to this investigation is typically classified in the HTSUS at subheadings: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0090, 7209.17.0030, 7209.17.0060, 7209.17.0090, 7209.18.1530, 7209.18.1560, 7209.18.2550, 7209.18.6000. 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7210.90.9000, 7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6085, 7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.19.0000, 7225.50.6000, 7225.50.7000, 7225.50.8010, 7225.50.8085, 7225.99.0090, 7226.19.1000, 7226.19.9000, 7226.92.5000, 7226.92.7050, 7226.92.8050, and 7226.99.0000. Although the HTSUS subheadings are provided for convenience and U.S. Customs Service ("U.S. Customs") purposes, the written description of the merchandise under investigation is dispositive. Discussion of the Issues Comment 1: Facts Available The petitioners argue that, in view of the magnitude of the sales of subject merchandise unreported by Krakatau, the Department should base its final determination on adverse facts available. The petitioners propose that the Department, consistent with its practice, base the final dumping margin for Krakatau on the highest non-aberrational margin calculated for "any reported U.S. sale." See Case Brief filed by Skadden, Arps, Slate, Meagher & Flom, LLP to the Department (March 7, 2000). Krakatau did not submit any rebuttal comments. Department's Position: We agree with the petitioners that, given the magnitude of the unreported U.S. sales of subject merchandise, the final determination in this case should be based on adverse facts available. See AFA Memo for an analysis of the Department's determination to apply adverse facts available. However, we disagree with the petitioners that the Department should base the final dumping margin for Krakatau on the highest non-aberrational margin calculated for "any reported U.S. sale." In antidumping investigations, pursuant to section 777A(d)(1)(A)(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.414(c)(1), the Department's practice is to calculate dumping margins on a POI-wide, product-specific basis, rather than on a sale-by-sale basis. (2) Thus, as facts available, we recommend reliance upon the highest POI-wide, product-specific margin calculated in the preliminary determination (83.79 percent). (3) Recommendation We recommend adopting the position set forth above. If this recommendation is accepted, we will publish the final determination and the final weighted-average dumping margin for Krakatau in the Federal Register. AGREE____ DISAGREE____ Troy H. Cribb Acting Assistant Secretary for Import Administration Date ______________________________________________________________________ footnotes: 1. Petitioners in this case are Bethlehem Steel Corporation, Gulf States Steel, Inc., Ispat Inland Inc., LTV Steel Company Inc., National Steel Company, Steel Dynamics, Inc., U.S. Steel Group, a unit of USX Corporation, Weirton Steel Corporation, United Steelworkers of America, and Independent Steelworkers Union (collectively, petitioners). 2. We note that the petitioners, while arguing for reliance on the highest margin for any particular transaction, cited a margin that was in fact calculated on an average, product-specific basis in the preliminary determination. 3. In selecting adverse facts available, the Department often relies on the information submitted in the petition. See, e.g., Notice of Final Determination of Sales at LTFV: Certain Cold-Rolled Flat-Rolled Steel Products from Venezuela, 65 FR 18047 (April 6, 2000). In the case at hand, the highest petition margin is lower than the margin calculated at the preliminary determination. Therefore, using the petition margin in this instance would not be in keeping with the purpose of the adverse facts available provision which is "to ensure that the party does not obtain a more favorable result by failing to cooperate than if it had cooperated fully." Statement of Administrative Action Accompanying the Uruguay Round Agreements Act, HR Doc No 103-316 at 870 (1994).