[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
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Canadian Wheat Board............................ 8.87 8.86
All Others...................................... 8.87 8.86
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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