[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Notices]
[Pages 17122-17124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7676]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-822]
Stainless Steel Sheet and Strip in Coils from Mexico; Notice of
Amended Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 5, 2010.
FOR FURTHER INFORMATION CONTACT: Patrick Edwards, Brian Davis, or
Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-8029, (202) 482-7924, and (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Amendment to the Final Results
In accordance with sections 751(a) and 777(i)(1) of the Tariff Act
of 1930, as amended, (the Act), on February 3, 2010, the Department
issued its final results in the administrative review of the
antidumping duty order on stainless steel sheet and strip in coils (S4
in coils) from Mexico, covering the period July 1, 2007, to June 30,
2008. The final results were subsequently released to all parties in
the proceeding, and published in the Federal Register on February 10,
2010. See Stainless Steel Sheet and Strip in Coils from Mexico; Final
Results of Antidumping Duty Administrative Review, 75 FR 6627 (February
10, 2010) (S4 from Mexico 2007-2008 Final Results). On February 24,
2010, and pursuant to 19 CFR 351.224(c)(2), we received a timely-filed
allegation from the respondents in this administrative review,
ThyssenKrupp Mexinox S.A. de C.V. (Mexinox SA) and Mexinox USA, Inc.
(Mexinox USA) (collectively referred to as Mexinox), that the
Department made ministerial errors with respect to the calculation of
Mexinox's importer-specific assessment rate. See Letter from Mexinox to
the Department of Commerce, regarding ``Ministerial Error Comments,''
dated February 24, 2010 (Mexinox Ministerial Letter). On March 1, 2010,
we received comments from Allegheny Ludlum Corporation, AK Steel
Corporation, and North American Stainless (collectively referred to as
petitioners) regarding the ministerial errors alleged by Mexinox. See
Letter from petitioners to the Department of Commerce, regarding
``Response to Mexinox's Ministerial Error Allegations,'' dated March 1,
2010 (Petitioners' Response Letter). For a discussion of the
Department's analysis of the allegations in the Mexinox Ministerial
Letter and rebuttal comments in the Petitioners' Response Letter, see
Memorandum from Patrick Edwards and Brian Davis, Case Analysts, through
Angelica Mendoza, Program Manager, to Richard Weible, Office Director,
entitled, ``Ministerial Errors Allegation in the Final Results of the
Antidumping Duty Administrative Review of Stainless Steel Sheet and
Strip in Coils from Mexico: ThyssenKrupp Mexinox S.A. de C.V.,'' dated
March 23, 2010 (Ministerial Error Allegation Memo).
A ministerial error, as defined at section 751(h) of the Act,
includes ``errors in addition, subtraction, or other arithmetic
function, clerical errors resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which {the Department{time} considers ministerial.'' See
[[Page 17123]]
also 19 CFR 351.224(f). In its Ministerial Letter, Mexinox alleges that
the Department made two ministerial errors in calculating Mexinox's
importer-specific assessment rate for the final results of this
administrative review. First, Mexinox alleges that the Department made
a ministerial error by calculating a per-unit, rather than ad valorem,
assessment rate. Additionally, Mexinox argues that the Department
neglected to account for the entered value for material sold outside
the United States in its assessment rate calculation. Petitioners
contend that the Department's calculation of a per-unit assessment rate
is not a clerical error and argue that the Department should not make
the revision suggested by Mexinox because the admissions and statements
in Mexinox's Ministerial Letter confirm that the Department's
calculation of a per-unit assessment rate was not a ministerial error.
Petitioner also argues that there is no basis for Mexinox's claim that
the per-unit assessment is inherently unreasonable and that the
Department normally calculates ad valorem rates where a respondent has
reported an entered value for all of its sales. Petitioners did not
comment on Mexinox's allegation that the Department neglected to
account for the entered value for material sold outside the United
States in its assessment duty rate calculation.
After analyzing Mexinox's ministerial error comments and
petitioners' rebuttal comments, we have determined, in accordance with
19 CFR 351.224(e), that we made a ministerial error with respect to our
final importer-specific assessment rate calculation for Mexinox USA,
where the Department inadvertently neglected to account for the entered
value for material sold outside the United States. See Mexinox's
Ministerial Letter; see also Memorandum to the File, ``Antidumping Duty
Administrative Review of Stainless Steel Sheet and Strip in Coils from
Mexico `` Amended Final Results Analysis Memorandum for ThyssenKrupp
Mexinox S.A. de C.V.,'' dated March 29, 2010 (2007-2008 S4 from Mexico
Amended Final Results Analysis Memorandum), at pages 2 through 3, for a
further discussion. Therefore, the Department has corrected both the
U.S. Margin Program and the Macros Program and adjusted the assessment
rate for the entered value of merchandise sold outside the United
States, as originally intended by the Department.
With respect to Mexinox's allegation that the Department made a
ministerial error by calculating a per-unit, rather than an ad valorem,
assessment rate, we find that the alleged error does not meet the
definition of a ministerial error in this case, pursuant to 19 CFR
351.224(f). Rather, Mexinox's disagreement over the calculated
assessment rate is methodological in nature. The Department followed
its normal practice of calculating a per-unit, rather than an ad
valorem, assessment rate as it does in cases where a respondent failed
to provide the Department with complete and accurate information
regarding entered values. See Memorandum to the File, ``Analysis of
Data Submitted by ThyssenKrupp Mexinox S.A. de C.V. for the Final
Results of the Antidumping Duty Administrative Review of Stainless
Steel Sheet and Strip in Coils from Mexico (A-201-822),'' dated
February 3, 2010 (2007-2008 S4 from Mexico Final Results Analysis
Memorandum), at pages 7 through 9; see also the Department's
Ministerial Error Allegation Memo at pages 2 through 8 for a further
discussion. As a result, we have not changed our assessment rate
calculation based on this allegation.
Therefore, in accordance with 19 CFR 351.224(e), we are amending
the final results in this antidumping duty administrative review of S4
in coils from Mexico. After correcting the ministerial error with
respect to entered value for material sold outside the United States,
the amended final weighted-average dumping margin remains unchanged:
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Final Results Weighted-Average Margin Amended Final Weighted-Average
Manufacturer/Exporter Percentage Margin Percentage
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ThyssenKrupp Mexinox S.A. de 4.48 percent 4.48 percent\1\
C.V............................
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\1\ We note that correcting for this ministerial error did not change Mexinox's weighted-average margin
calculated in the S4 from Mexico 2007-2008 Final Results.
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to section 751(a)(1) of the Act, and 19 CFR
351.212(b). Where entered values are missing for some sales and
reported for others, the Department calculates a per-unit assessment
rate on an importer-specific basis. The Department calculated an
importer-specific per-unit duty assessment rate by aggregating the
total amount of antidumping duties calculated for the examined sales
and dividing this amount by the total quantity of those sales.\2\ Where
the duty assessment rates are above de minimis, we will instruct CBP to
assess duties on all entries of subject merchandise by that importer in
accordance with the requirements set forth in 19 CFR 351.106(c)(2).
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\2\ We note that 19 CFR 351.212(b)(1) states that ``the
Secretary normally will calculate an assessment rate for each
importer of subject merchandise covered by the review.'' It is
Department practice to calculate multiple importer-specific
assessment rates in cases where respondents have reported multiple
importers and a single importer-specific rate where respondents
reported only one importer. See, e.g., Stainless Steel Sheet and
Strip in Coils from Japan: Final Results of Antidumping Duty
Administrative Review, 75 FR 6631 (February 10, 2010) and Certain
Frozen Warmwater Shrimp from Thailand: Final Results and Final
Partial Rescission of Antidumping Duty Administrative Review, 72 FR
52065 (September 12, 2007) (the Department calculated an assessment
rate for each importer of subject merchandise covered by the
review); Polyethylene Retail Carrier Bags from Thailand: Final
Results of Antidumping Duty Administrative Review, 74 FR 65751
(December 11, 2009) and Stainless Steel Wire Rods from India: Final
Results of Antidumping Duty Administrative Review and Notice of
Rescission of Antidumping Duty Administrative Review in Part, 72 FR
68123 (December 4, 2007) (the Department calculated a single per
unit assessment rate for a single importer). In the above mentioned
cases that involved multiple importers, we have calculated an ad
valorem assessment rate for one importer while calculating a per-
unit assessment rate for another importer. However, in the instant
case, Mexinox has not reported multiple importers and, therefore,
the Department has calculated one importer-specific assessment rate.
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Upon issuance of the amended final results of this review, for any
importer-specific assessment rates calculated in the amended final
results that are above de minimis (i.e., at or above 0.50 percent), we
will issue appraisement instructions directly to CBP to assess
antidumping duties on appropriate entries by applying the per-unit
dollar amount against each unit of merchandise on each of that
importer's entries during the review period. See 19 CFR 351.212(b)(1).
Pursuant to 19 CFR 356.8(a), the Department intends to issue assessment
instructions to CBP 41 days after the date of publication of these
amended final results of review.
The Department clarified its ``automatic assessment'' regulation on
[[Page 17124]]
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of subject merchandise during the
POR produced by Mexinox for which Mexinox did not know the merchandise
was destined for the United States. In such instances, we will instruct
CBP to liquidate unreviewed entries at the 30.69 percent all-others
rate if there is no company-specific rate for an intermediary involved
in the transaction.
Cash Deposit Requirements
The following deposit requirements continue to be effective on any
entries made on or after February 10, 2010, the date of publication of
the S4 from Mexico 2007-2008 Final Results, for all shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption as provided by section 751(a)(2)(C) of the Act: (1) for
Mexinox, which has a separate rate, the cash deposit rate will be the
company-specific rate shown above; (2) for previously reviewed or
investigated companies not listed above that have a separate rate, the
cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) the cash deposit rate for all
other Mexican exporters will be 30.69 percent, the current Mexico-wide
rate; and (4) the cash deposit rate for all non-Mexican exporters will
be the rate applicable to the Mexican exporter that supplied that
exporter. These cash deposit requirements continue to remain in effect
until further notice.
Notifications of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation that is subject to sanction.
We are issuing and publishing these amended final results of review
and notice in accordance with sections 751(a) and 777(i) of the Act.
Dated: March 29, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-7676 Filed 4-2-10; 8:45 am]
BILLING CODE 3510-DS-S