[Federal Register Volume 64, Number 3 (Wednesday, January 6, 1999)]
[Notices]
[Pages 846-847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-245]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-823]
Certain Cut-to-Length Carbon Steel Plate From Canada: Initiation
and Preliminary Results of Changed Circumstances Antidumping Duty
Administrative Review, and Intent To Revoke Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and preliminary results of changed
circumstances antidumping duty administrative review, and intent to
revoke order in part.
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SUMMARY: In response to a request from Canberra Industries, Inc.,
(Canberra), the Department of Commerce (the Department) is initiating a
changed circumstances antidumping duty administrative review and is
issuing this notice of our intent to preliminarily revoke in part the
antidumping duty order on certain cut-to-length carbon steel plate from
Canada. Although the scope of that order excludes certain types and
sizes of cobalt-60-free cut-to-length plate, the scope currently
includes the types and sizes of cobalt-60-free plate covered by
Canberra's request. See Antidumping Duty Orders: Certain Corrosion-
Resistant Carbon Steel Flat Products and Certain Cut-to-Length Carbon
Steel Plate from Canada, 58 FR 44162 (August 19, 1993); see also,
Certain Corrosion-Resistant Carbon Steel Flat Products and Certain Cut-
to-Length Carbon Steel Plate from Canada: Preliminary Results of
Antidumping Duty Administrative Reviews and Intent to Revoke in Part,
63 FR 37320 (July 10, 1998).
Pursuant to a prior request by Canberra, Certain Cut-to-Length
Carbon Steel Plate from Canada: Final Results of Changed Circumstances
Antidumping Duty Administrative Review, and Revocation in Part of
Antidumping Duty Order, 61 FR 7471 (February 28, 1996), the Department
excluded certain types and sizes of cobalt-60-free cut-to-length carbon
steel plate. Canberra has now requested that the Department revoke the
order in part with respect to imports of other types and sizes of
certain cut-to-length carbon steel plate that is free of cobalt-60 and
other radioactive nuclides (cobalt-60-free carbon steel plate), from
Canada. In their letter to the Department of December 4, 1998,
petitioners in the underlying proceeding, Bethlehem Steel Corp., U.S.
Steel Group (a unit of USX Corp.), Inland Steel Industries Inc., AK
Steel Corp., LTV Steel Co., Inc., and National Steel Corp., expressed
no interest in the importation or sale of certain cobalt-60-free cut-
to-length carbon steel plate produced in Canada, as further described
in the ``Scope of Review'' section below. Therefore, we preliminarily
intend to revoke the order with respect to this merchandise.
EFFECTIVE DATE: January 6, 1999.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley (202-482-4106) or Rebecca
Trainor (202-482-0666), Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230.
THE APPLICABLE STATUTE AND REGULATIONS: Unless otherwise indicated, all
citations to the statute are references to the provisions effective
January 1, 1995, the effective date of the amendments to the Tariff Act
of 1930 (the Act) by the Uruguay Rounds Agreements Act. In addition,
unless otherwise indicated, all citations to the Department's
regulations are to the regulations as codified at 19 CFR part 351, 62
FR 27295 (May 19, 1997).
SUPPLEMENTARY INFORMATION:
Background
On September 3, 1998, Canberra requested that the Department
conduct a changed circumstances administrative review to determine
whether to revoke in part the antidumping duty order with regard to
certain cobalt-60-free cut-to-length carbon steel plate. The order with
regard to imports of other cut-to-length carbon steel plate is not
affected by this request. In addition, on December 4, 1998, petitioners
informed the Department in writing that they do not object to the
changed circumstances review, and have no interest in the importation
or sale of cobalt-60-free cut-to-length carbon steel plate produced in
Canada as described in the ``Scope of Review'' below.
Scope of Review
The antidumping duty order on certain cut-to-length carbon steel
plate from Canada covers hot-rolled carbon steel universal mill plates
(i.e., flat-rolled products rolled on four faces or in a closed box
pass, of a width exceeding 150 millimeters, but not exceeding 1,250
millimeters, and of a thickness of not less than 4 millimeters, not in
coils and without patterns in relief) of rectangular shape, neither
clad, plated nor coated with metal, whether or not painted, varnished,
or coated with plastics or other nonmetallic
[[Page 847]]
substances; and certain hot-rolled carbon steel flat-rolled products in
straight lengths, of rectangular shape, hot rolled, neither clad,
plated, nor coated with metal, whether or not painted, varnished, or
coated with plastics or other nonmetallic substances, 4.75 millimeters
or more in thickness, and of a width which exceeds 150 millimeters, and
measures at least twice the thickness, as currently classifiable under
the Harmonized Tariff Schedule (HTS) numbers 7208.40.3030,
7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000,
7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000,
7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000. Included in the scope are flat-rolled products of
nonrectangular 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. HTS item numbers are provided for
convenience and for Customs purposes. The written description remains
dispositive.
Excluded from the scope are grade X-70 plates, and cobalt-60-free
cut-to-length steel plates of the following specifications: (1) 100%
dry steel plates, virgin steel, no scrap content (free of Co-60 and
other radioactive nuclides); (2) .290 inches maximum thickness, plus
0.0, minus .030 inches; (3) 48.00 inch wide, plus .05, minus 0.0
inches; (4) 10 foot lengths, plus 0.5, minus 0.0 inches; (5) flatness,
plus/minus 0.5 inch over 10 feet; (6) AISI 1006; (7) tension leveled;
(8) pickled and oiled; and, (9) carbon content, .03 to .08 (max.).
The preceding description of the steel plate products covered by
this order is included in Appendix 1 to the Final Determination of
Sales at Less Than Fair Value: Certain Cold-Rolled Carbon Steel Flat
Products from Argentina, 58 FR 37062 (July 9, 1993) as amended by
Certain Cut-to-Length Carbon Steel Plate From Canada: Initiation and
Preliminary Results of Changed Circumstances Antidumping Duty
Administrative Review, and Intent To Revoke Order in Part, 60 FR 61536
(Nov. 30, 1995).
The merchandise covered by this changed circumstances review
includes cut-to-length carbon steel plate meeting the following
criteria: (1) 100% dry steel plates, virgin steel, no scrap content
(free of cobalt-60 and other radioactive nuclides); (2) .300 inches
maximum thickness, plus 0.0, minus .030 inches; (3) 48.00 inch wide,
minimum; (4) 20 foot lengths; (5) flatness, plus/minus 0.5 inch over 10
feet; (6) AISI 1006; (7) tension leveled; (8) pickled and oiled; and
(9) carbon content, .03 to.08 (max).
This changed circumstances administrative review covers all
manufacturers/exporters of the cobalt-60-free cut-to-length carbon
steel plate from Canada described above.
Initiation and Preliminary Results of Changed Circumstances
Antidumping Duty Administrative Review, and Intent To Revoke Order
in Part
Pursuant to section 751(d) of the Tariff Act of 1930 as amended
(the Act), the Department may partially revoke an antidumping duty
order based on a review under section 751(b) of the Act (i.e., a
changed circumstances review). Section 751(b)(1) of the Act requires a
changed circumstances administrative review to be conducted upon
receipt of a request containing sufficient information concerning
changed circumstances.
The Department's regulations at 19 CFR 351.216(d) require the
Department to conduct a changed circumstances administrative review in
accordance with Sec. 351.221 if it decides that changed circumstances
sufficient to warrant a review exist. Section 782(h) of the Act and
Sec. 351.222(g)(1)(i) of the Department's regulations further provide
that the Department may revoke an order, in whole or in part, if it
concludes that substantially all of the producers of the domestic like
product to which the order pertains have expressed a lack of interest
in the order, in whole or in part. In addition, in the event that the
Department concludes that expedited action is warranted,
Sec. 351.221(c)(3)(ii) of the regulations permits the Department to
combine the notices of initiation and preliminary results.
Therefore, based on petitioners' affirmative statement of no
interest in the partial revocation requested, we are initiating this
changed circumstances administrative review. Further, also based on
petitioners' affirmative statement of no interest, we have determined
that expedited action is warranted, and we have preliminarily
determined that there are changed circumstances sufficient to warrant
revocation of the order as it pertains to cobalt-60-free cut-to-length
carbon steel plate from Canada as described by the above
specifications. Because we have concluded that expedited action is
warranted, we are combining these notices of initiation and preliminary
results. Therefore, we are hereby notifying the public of our intent to
revoke in part the antidumping duty order as it pertains to imports of
certain cobalt-60-free cut-to-length carbon steel plate from Canada.
If final revocation in part occurs, we intend to instruct the U.S.
Customs Service (Customs) to end the suspension of liquidation and to
refund any estimated antidumping duties collected for all unliquidated
entries of cobalt-60-free cut-to-length carbon steel plate from Canada
with the specifications described above not subject to final results of
an administrative review, in accordance with 19 CFR 351.222(g)(4). We
will also instruct Customs to pay interest on such refunds in
accordance with section 778 of the Act. The current requirement for a
cash deposit of estimated antidumping duties will continue until
publication of the final results of this changed circumstances review.
Public Comment
Parties to the proceeding may request disclosure within 5 days of
the date of publication of this notice and any interested party may
request a hearing within 10 days of publication. Any hearing, if
requested, will be held no later than 28 days after the date of
publication of this notice, or the first workday thereafter. Case
briefs and/or written comments from interested parties may be submitted
not later than 14 days after the date of publication of this notice.
Rebuttal briefs and rebuttals to written comments, limited to the
issues raised in those comments, may be filed not later than 21 days
after the date of publication of this notice. All written comments
shall be submitted in accordance with 19 CFR 351.303 and shall be
served on all interested parties on the Department's service list in
accordance with 19 CFR 351.303(f). Persons interested in attending the
hearing should contact the Department for the date and time of the
hearing. The Department will publish the final results of this changed
circumstances review, including the results of its analysis of issues
raised in any written comments.
This notice is in accordance with sections 751(b)(1) of the Act and
Secs. 351.216 and 351.222 of the Department's regulations.
Dated: December 28, 1998.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-245 Filed 1-5-99; 8:45 am]
BILLING CODE 3510-DS-P
