[Federal Register: October 6, 2003 (Volume 68, Number 193)]
[Notices]               
[Page 57666-57667]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc03-31]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-847]

 
Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Hard Red Spring Wheat From Canada

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Amended Final Determination of Sales at Less Than 
Fair Value.

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EFFECTIVE DATE: October 6, 2003.

FOR FURTHER INFORMATION CONTACT: Julie Santoboni or Cole Kyle, Office 
1, AD/CVD Enforcement, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington DC 20230; telephone (202) 482-4194 
or (202) 482-1503, respectively.

Scope of the Investigation

    For purposes of this investigation, the products covered are all 
varieties of hard red spring (``HRS'') wheat from Canada. This 
includes, but is not limited to, varieties commonly referred to as 
Canada Western Red Spring, Canada Western Extra Strong, and Canada 
Prairie Spring Red. The merchandise subject to this investigation is 
currently classifiable under the following Harmonized Tariff Schedule 
of the United States (``HTSUS'') subheadings: 1001.90.10.00, 
1001.90.20.05, 1001.90.20.11, 1001.90.20.12, 1001.90.20.13, 
1001.90.20.14, 1001.90.20.16, 1001.90.20.19, 1001.90.20.21, 
1001.90.20.22, 1001.90.20.23, 1001.90.20.24, 1001.90.20.26, 
1001.90.20.29, 1001.90.20.35, and 1001.90.20.96. This investigation 
does not cover imports of wheat that enter under the subheadings 
1001.90.10.00 and 1001.90.20.96 that are not classifiable as hard red 
spring wheat. Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of this proceeding is dispositive.

Amended Final Determination

    On August 28, 2003, the Department of Commerce (``the Department'') 
determined that HRS wheat from Canada is being, or is likely to be, 
sold in the United States at less than fair value (``LTFV''), as 
provided in section 735(a) of the Tariff Act of 1930, as amended (``the 
Act''). See Notice of Final Determinations of Sales at Less Than Fair 
Value: Certain Durum and Hard Red Spring Wheat from Canada, 68 FR 52741 
(September 5, 2003). On September 8, 2003, we received ministerial 
error allegations, timely filed pursuant to 19 CFR. 351.224(c)(2), from 
the Canadian Wheat Board (``the CWB'') regarding the Department's final 
margin calculations. The CWB requests that we correct the errors and 
publish a notice of amended final determination in the Federal 
Register, pursuant to 19 CFR. 351.224(e). The CWB's submission alleges 
the following with regard to the Department's cost of production 
(``COP'') calculations.
    Farmer 8--The CWB alleges that the Department inadvertently double-
counted seed cleaning costs.
    Farmer 17--The CWB alleges that the Department inadvertently 
double-counted certain labor costs.
    Farmer 19--The CWB alleges that the Department inadvertently used 
an incorrect production quantity for the calculation of the crop 
insurance offset.
    Farmer 20--The CWB alleges that the Department inadvertently 
allocated water rights costs to owned and rented land, rather than just 
owned land. The CWB also alleges that the Department

[[Page 57667]]

inadvertently mis-allocated fixed and variable overhead costs.
    Farmer 23--The CWB alleges that the Department inadvertently 
understated actual labor costs allocated to livestock, thereby 
overstating the general and administrative (``G&A'') and interest 
expenses allocated to HRS. The CWB also alleges that the Department 
inadvertently excluded variable overhead costs related to non-farming 
activities, thereby overstating the G&A and interest expenses allocated 
to HRS.
    The North Dakota Wheat Commission (``the petitioner'') submitted 
comments on the CWB's ministerial error allegations on September 10, 
2003. The petitioner did not comment on the CWB's ministerial error 
allegations for Farmer 8 and the allocation of labor costs to livestock 
for Farmer 23. In response to the CWB's other allegations, the 
petitioner argues that they were not ministerial.
    In accordance with section 735(e) of the Act, we have determined 
that certain ministerial errors were made in the calculation of the 
CWB's COP and constructed value (``CV'') in our final margin 
calculations. For a detailed discussion of the above-cited ministerial 
error allegations and the Department's analysis, see Memorandum to 
Jeffrey A. May, ``Allegation of Ministerial Errors; Final Determination 
in the Antidumping Duty Investigation of Certain Hard Red Spring Wheat 
from Canada'' dated September 26, 2003, which is on file in room B-099 
of the main Commerce building.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination of the antidumping duty investigation of HRS 
Wheat from Canada to correct the ministerial errors found in the 
calculation of the COP and CV. The final weighted-average dumping 
margins are:

------------------------------------------------------------------------
                                                   Original     Amended
                                                   weighted-   weighted-
              Exporter/manufacturer                 average     average
                                                    margin      margin
                                                  percentage  percentage
------------------------------------------------------------------------
Canadian Wheat Board............................        8.87        8.86
All Others......................................        8.87        8.86
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B)(ii) of the Act, we are 
directing the U.S. Bureau of Customs and Border Protection (``BCBP'') 
to continue to suspend liquidation of all imports of subject 
merchandise from Canada that are entered, or withdrawn from warehouse, 
for consumption on or after May 8, 2003, the date of publication of the 
Notice of Preliminary Determinations of Sales at Less Than Fair Value: 
Certain Durum and Hard Red Spring Wheat from Canada, 68 FR 24707 (May 
8, 2003) in the Federal Register. The BCBP shall continue to require a 
cash deposit or the posting of a bond equal to the weighted-average 
amount by which the NV exceeds the EP, as indicated in the chart above. 
These suspension-of-liquidation instructions will remain in effect 
until further notice.

ITC Notification

    In accordance with section 735(d) of the Tariff Act, we have 
notified the International Trade Commission of our amended final 
determination.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: September 29, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-25279 Filed 10-3-03; 8:45 am]
BILLING CODE 3510-DS-P