[Federal Register Volume 64, Number 204 (Friday, October 22, 1999)]
[Notices]
[Pages 57032-57034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27687]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-824]
Certain Corrosion-Resistant Carbon Steel Flat Products From
Japan: Final Results of Changed Circumstances Antidumping Duty Review,
and Revocation in Part of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of changed circumstances antidumping
duty review, and revocation in part of antidumping duty order.
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SUMMARY: On September 7, 1999, the Department of Commerce (the
Department) published a notice of initiation of a changed circumstances
antidumping review and preliminary results of review with intent to
revoke, in part, the antidumping duty order on certain corrosion-
resistant carbon steel flat products from Japan. We are now revoking
this order in part, with regard to two products: (1) Steel coil with an
aluminum alloy lining, and (2) steel coil with a polytetrafluorethylene
(PTFE)/lead-based lining, as described in the ``Scope'' section of this
notice, based on the fact that domestic parties have
[[Page 57033]]
expressed no further interest in the relief provided by the order with
respect to the importation or sale of this steel coil lined with an
aluminum alloy or with a PTFE/lead-based lining, as so described.
EFFECTIVE DATE: October 22, 1999.
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions effective
January 1, 1995, the effective of the amendments made to the Act by the
Uruguay Round Agreements Act. In addition, unless otherwise indicated,
all citations to the Department's regulations are to the regulations at
19 CFR part 351 (1999).
FOR FURTHER INFORMATION CONTACT: Sarah Ellerman or Maureen Flannery,
AD/CVD Enforcement, Office 7, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-4106
or (202) 482-3020, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 27, 1999, Taiho Corporation of America (Taiho America)
requested that the Department revoke in part the antidumping duty order
on certain corrosion-resistant carbon steel flat products from Japan
with respect to steel coil with an aluminum alloy lining and steel coil
with a PTFE/lead-based lining, used in the manufacture of plain sleeve
bushings. Taiho America stated in its request that it had contacted the
counsel for petitioners and they expressed no objection to the changed
circumstances request and further stated that they had no interest in
the merchandise. (See Request for Changed Circumstances Review from
Taiho Corporation of America; Certain Corrosion-Resistant Carbon Steel
Flat Products from Japan, August 27, 1999, (Request for Changed
Circumstance Review)). The following domestic producers of corrosion-
resistant steel products also filed a statement on August 27, 1999:
Bethlehem Steel Corporation; Ispat Inland Steel; LTV Steel Company,
Inc.; National Steel Corporation; and U.S. Steel Group, a unit of USX
Corporation. In this statement, domestic producers expressed no
objection to the initiation of the changed circumstances review, nor
any interest in the importation or sale of steel from Japan with
respect to the products described in the request submitted by Taiho
America. (See Letter from Skadden, Arps, Slate, Meagher & Flom, LLP;
Certain Corrosion-Resistant Carbon Steel Flat Products from Japan:
Changed Circumstances Review, August 27, 1999.)
We preliminarily determined that the petitioner's affirmative
statement of no interest constituted changed circumstances sufficient
to warrant a review and partial revocation of the order. Consequently,
on September 7, 1999, the Department published a notice of initiation
and preliminary results of changed circumstance antidumping duty review
with an intent to revoke the order, in part (64 FR 48579).
The merchandise under review is currently classifiable under
subheading 7212.50.00 of the Harmonized Tariff Schedule of the United
States (HTSUS). Although the HTSUS subheading is provided for
convenience and customs purposes, our written description of the scope
is dispositive.
Scope of Changed Circumstances Review
The merchandise covered by the antidumping duty order is certain
corrosion-resistant carbon steel flat products from Japan. This changed
circumstances review covers: (1) Carbon steel flat products measuring
1.84 mm in thickness and 43.6 mm or 16.1 mm in width consisting of
carbon steel coil (SAE 1008) clad with an aluminum alloy that is
balance aluminum, 20% tin, 1% copper, 0.3% silicon, 0.15% nickel, less
than 1% other materials and meeting the requirements of SAE standard
783 for Bearing and Bushing Alloys; and (2) carbon steel flat products
measuring 0.97 mm in thickness and 20 mm in width consisting of carbon
steel coil (SAE 1008) with a two-layer lining, the first layer
consisting of a copper-lead alloy powder that is balance copper, 9% to
11% tin, 9% to 11% lead, less than 1% zinc, less than 1% other
materials and meeting the requirements of SAE standard 792 for Bearing
and Bushing Alloys, the second layer consisting of 45% to 55% lead, 38%
to 50% PTFE, 3% to 5% molybdenum disulfide and less than 2% other
materials.1
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\1\ The Department described the products covered by this review
incorrectly in one section of its initiation notice of September 7,
1999 (64 FR 48579). The specifications listed in this notice are the
specifications of the products under review.
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Comments
Comment: In the preliminary determination we provided parties the
opportunity to comment. We received one comment from domestic
producers. Domestic producers claim that the Department's description
of the merchandise to be excluded from the order in the substantive
portion of its preliminary results differed in several important
respects from the description of the merchandise in Taiho America's
August 26, 1999 Request for Changed Circumstances Review. The domestic
producers claim that their statement of no interest was based on the
description of the products in Taiho America's request, and argue that
the final results should specifically cover only those products as
detailed in this document.
Department's Position: We agree with the domestic producers. The
products for which we are revoking the antidumping duty order, which we
describe above, are exactly those described in Taiho America's Request
for Changed Circumstances Review of August 27, 1999.
Final Results of Review and Partial Revocation of the Antidumping
Duty Order
The affirmative statement of no interest by the petitioner
concerning the steel coil with an aluminum alloy lining and the steel
coil with a PTFE/lead-based lining and the fact that no interested
parties objected to or otherwise commented on our preliminary results
of review, except as noted above, constitutes changed circumstances
sufficient to warrant partial revocation of the order. Therefore, the
Department is partially revoking the order on certain corrosion-
resistant carbon steel flat products in reference to the two types of
products described above, in accordance with sections 751(b) and (d)
and 782(h) of the Act and 19 CFR 351.222(g)(i). This partial revocation
applies to all unliquidated entries of the above-described merchandise
not subject to final results of administrative review as of the date of
publication in the Federal Register of these final results of changed
circumstances review.
The Department will instruct the Customs Service (Customs) to
proceed with liquidation, without regard to antidumping duties, of all
unliquidated entries of steel coil with an aluminum alloy lining and
steel coil with a PTFE/lead-based lining, as specifically described in
the ``Scope of Review'' section above, and entered, or withdrawn from
the warehouse, for consumption on or after August 1, 1997, i.e., all
unliquidated entries of this merchandise not subject to final results
of administrative review as of the date of publication in the Federal
Register of these final results of changed circumstances review. The
Department will further instruct Customs to refund with interest any
estimated duties collected with respect to unliquidated
[[Page 57034]]
entries of steel coil with an aluminum alloy lining and steel coil with
a PTFE/lead-based lining entered or withdrawn from the warehouse for
consumption on or after the publication date of the final results of
this changed circumstances review, in accordance with section 778 of
the Act.
This notice also serves as a final reminder to parties subject to
administrative protection orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.34(d)(1997). 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 sanctionable violation.
This changed circumstances review, partial revocation of the
antidumping duty order, and notice are in accordance with sections
751(b) and (d) and 782(h) of the Act and sections 351.216,
351.221(c)(3), and 351.222(g) of the Department's regulations.
Dated: October 14, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-27687 Filed 10-21-99; 8:45 am]
BILLING CODE 3510-DS-P
