----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-588-068] Steel Wire Strand for Prestressed Concrete From Japan; Notice of Final Court Decision and Amended Final Results of Antidumping Duty Administrative Reviews AGENCY: Import Administration, International Trade Administration Department of Commerce. ACTION: Notice of final court decision and amended final results of antidumping duty administrative reviews.
SUMMARY: On April 22, 1997, the Court of International Trade (the Court) affirmed the Department of Commerce's (the Department) second remand determination arising out of the administrative reviews of the antidumping finding on steel wire strand for prestressed concrete (``PC Strand'') from Japan. See Mitsui & Co., Ltd. v. United States, Slip Op. 97-49 (CIT April 22, 1997). As there is now a final and conclusive court decision in this action, we are amending the final results of review in this matter and will instruct the U.S. Customs Service to liquidate Mitsui's entries covered by these amended final results at the rates assigned to each of Mitsui's suppliers for the periods April 1, 1978 through ---- page 60689 ---- March 31, 1979; April 1, 1979 through November 30, 1980; December 1, 1980 through November 30, 1981; December 1, 1981 through November 30, 1982; and December 1, 1982 through November 30, 1983. EFFECTIVE DATE: November 12, 1997. FOR FURTHER INFORMATION CONTACT: Mike Heaney or Linda Ludwig, Office Eight, Antidumping and Countervailing Duty Enforcement Group III, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4475. SUPPLEMENTARY INFORMATION: Background On March 11, 1994, the Court issued an order remanding to the Department the final results of the administrative reviews of the antidumping finding on PC Strand from Japan, covering exports by Mitsui & Co. (Mitsui) during the period April 1, 1978 through November 30, 1985.{1} Mitsui & Co. v. United States, Slip Op. 94-44 (CIT March 11, 1994). --------------------------------------------------------------------------- {1} For the period December 1, 1983 through November 30, 1985, Mitsui had no shipments of merchandise subject to the order. --------------------------------------------------------------------------- On August 5, 1994, in accordance with the Court's remand order, the Department filed its final results of redetermination. (See Final Redetermination Pursuant to the Court Remand, August 5, 1994, Mitsui & Co., Ltd. v. United States, Court No. 90-12-00633 (Remand Results 1)). In this determination, to determine whether Mitsui had engaged in middleman dumping during each period of review (POR), the Department considered whether a substantial portion of Mitsui's sales were at prices that were substantially below its acquisition costs. Based on our analysis of the number of sales made at prices below acquisition costs and the magnitude of resulting losses, the Department determined that Mitsui had engaged in middleman dumping because Mitsui made a ``substantial number of sales at prices substantially below its acquisition cost'' (See Final Remand Results 1 at 9). In response to comments on the redetermination submitted by the plaintiffs and the defendant intervener, the Department requested a remand to address clerical errors and methodological questions raised by both parties concerning the existence or absence of middleman dumping. (See Defendant's Response to the Comments Filed by Plaintiffs and the Intervenor to the Redetermination Upon Remand Filed by the Department of Commerce, Nov. 30, 1994 Mitsui & Co., Ltd. v. United States.) On June 10, 1996, the Court issued an order remanding the Department's Final Redetermination of August 1994. The Court directed the Department to: (1) Correct clerical errors noted by the plaintiffs and the defendant intervener relating to currency conversion, average movement charges, and acquisition costs; (2) consider the methodological questions raised by plaintiffs relating to (a) the use of number of transactions as opposed to the relative quantity or value of PC strand, (b) the calculation of ``value'' in determining the extent of below-cost sales, (c) the calculation of the cost of acquisition, and (d) the need for information from Mitsui's suppliers in order to review the existence or absence of middleman dumping; and (3) consider the intervenor's claim that the Department failed to include certain expenses reported by Mitsui in its sales listings. On October 9, 1996, the Department filed its second redetermination with the Court. (See Prestressed Concrete Strand from Japan, Final Results of Redetermination Pursuant to Court Remand, October 9, 1996, Court No. 90-12-00633 (Remand Results 2).) In this redetermination, the Department corrected clerical errors identified by both parties. With respect to the methodological issues, the Department determined that because a value-based methodology provides a more meaningful understanding of the extent to which merchandise has been sold below acquisition costs, a value-based methodology was appropriate to determine whether Mitsui had engaged in middleman dumping during the PORs. Accordingly, we determined whether a substantial portion of Mitsui's sales were below acquisition costs by comparing the total value of PC strand sales below acquisition costs to the total value of PC strand sales. Based on our examination of Mitsui's sales, we determined that Mitsui did not make a substantial portion of sales below acquisition costs during each POR. Because the portion of below- acquisition-cost sales during each POR was not substantial, and examination of whether prices were substantially below acquisition cost was unnecessary. See Remand Results 2 at 6. We also determined that (1) reexamining our methodology for calculating ``value'' was unnecessary because we did not need to determine whether Mitsui's sales were substantially below acquisition cost, (2) Mitsui's acquisition costs should be calculated using currency conversions based on the exchange rate in effect on the date of shipment, (3) we did not require additional information from Mitsui's suppliers during the PORs, and (4) we included all actual expenses incurred and reported by Mitsui in comparing Mitsui's resale prices to its acquisition costs. See Remand Results 2 at 7. Finally, because we had determined that Mitsui did not engaged in middleman dumping during the periods covered by the redetermination, we concluded that it was appropriate to instruct the U.S. Customs Service to liquidate Mitsui's entries according to the rates determined for reach of Mitsui's suppliers for the relevant periods. We noted that this was the methodology followed in the relevant administrative reviews of the antidumping finding on PC Strand from Japan for other exporters. See Steel Wire Strand for Prestressed Concrete from Japan; Final Results of Antidumping Duty Administrative Review, 48 FR 45586 (Oct. 6, 1983) (1978-1979; 1979-1980 POR); and Steel Wire Strand for Prestressed Concrete from Japan; Final Results of Antidumping Duty Administrative Review, 51 FR 30894 (Aug. 29, 1986) (1980-1981; 1981-1982 POR) Steel Wire Strand for Prestressed Concrete from Japan; Final Results of Antidumping Duty Administrative Review, 52 FR 4373 (Feb. 11, 1987) (1982-1983 POR). On April 22, 1997, the Court upheld the Department's second redetermination on remand. Mitsui & Co., Ltd. v. United States, Slip Op. 97-49 (CIT April 22, 1997). The period to appeal has expired and no appeal was filed. Therefore, as there is now a final and conclusive court decision in this action, we are amending our final results of review. Amended Final Results of Reviews Pursuant to section 516A(e) of the Act, we are now amending the final results of the administrative reviews of the antidumping finding on PC strand from Japan with respect to exports by Mitsui and determine that the following margins exist: ---- page 60690 ---- ---------------------------------------------------------------------------------------------------------------- Margin Manufacturer/exporter Period (percent) ---------------------------------------------------------------------------------------------------------------- Shrinko Wire Company, Ltd./Mitsui & Co., Ltd................................. 04/01/78-03/31/79 0 04/01/79-11/30/80 0 12/01/80-11/30/81 0 12/01/81-11/30/82 0 12/01/82-11/30/83 0 Sumitomo Electric Ind., Ltd./Mitsui & Co., Ltd............................... 04/01/78-03/31/79 0 04/01/79-11/30/80 0 12/01/80-11/30/81 0 12/01/81-11/30/82 0 12/01/82-11/30/83 0 Suzuki Metal Ind. Co., Ltd./Mitsui & Co., Ltd................................ 04/01/78-03/31/79 0 04/01/79-11/30/80 0 12/01/80-11/30/81 0 12/01/81-11/30/82 0 12/01/82-11/30/83 0 Teikoku Sangyo Co., Ltd./Mitsui & Co., Ltd................................... 04/01/78-03/31/79 0 04/01/79-11/30/80 0 12/01/80-11/30/81 0 12/01/81-11/30/82 0 12/01/82-11/30/83 0 Tokyo Rope Mfg. Co. Ltd./Mitsui & Co., Ltd................................... 04/01/78-03/31/79 0 04/01/79-11/30/80 0 12/01/80-11/30/81 4.5 12/01/81-11/30/82 4.5 12/01/82-11/30/83 {1} 4.5 ---------------------------------------------------------------------------------------------------------------- {1} No shipments during the POR. The Department will instruct the U.S. Customs Service to assess antidumping duties on all appropriate entries. We will issue appraisement instructions directly to the U.S. Customs Service. Further, for any shipments form the remaining known manufacturers and/ or exporters not covered by these reviews, the current cash deposit shall remain in effect until publication of the final results of the next administrative review. This notice is published in accordance with section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22(c)(8). Dated: November 3, 1997. Robert S. LaRussa, Assistant Secretary for Import Administration. [FR Doc. 97-29765 Filed 11-10-97; 8:45 am] BILLING CODE 3510-DS-M
The Contents entry for this article reads as follows: International Trade Administration NOTICES Antidumping: Steel wire strand for prestressed concrete from-- Japan, 60688
