[Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
[Notices]
[Pages 11607-11608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6864]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-804, C-122-805]
New Steel Rail, Except Light Rail, From Canada; Final Results of
Changed Circumstances Antidumping and Countervailing Duty
Administrative Reviews, and Revocation in Part of Antidumping and
Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Commerce.
ACTION: Final results of changed circumstances antidumping and
countervailing duty administrative reviews, and revocation in part of
antidumping and countervailing duty orders.
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SUMMARY: On September 15, 1989, the Department of Commerce (the
Department) published an antidumping duty order on new steel rail,
except light rail, from Canada. The Department published a
countervailing duty order on new steel rail, except light rail, from
Canada on September 22, 1989. On November 30, 1995 the Department
simultaneously initiated changed circumstances antidumping and
countervailing duty administrative reviews and the preliminary results
of these reviews with intent to revoke the orders in part. We are now
revoking these orders in part, with regard to 100 ARA-A new steel rail,
except light rail, from Canada, because this portion of these orders is
no longer of interest to domestic parties.
EFFECTIVE DATE: March 21, 1996.
FOR FURTHER INFORMATION CONTACT: Roy F. Unger, Jr., Office of
Antidumping Compliance or Robert Copyak, Office of Countervailing
Compliance, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202) 482-0651 and (202) 482-2209,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 15, 1989, the Department published an antidumping duty
order on new steel rail, except light rail, from Canada (54 FR 38263).
The Department published a countervailing duty order on new steel rail,
except light rail, from Canada, on September 22, 1989 (54 FR 39032). On
October 20, 1995, Cleveland Track Material, Inc., requested that the
Department conduct changed circumstances administrative reviews to
determine whether to partially revoke the orders with regard to 100ARA-
A new steel rail. The orders with regard to imports of new steel rail
other than 100ARA-A were not affected by this request. In addition, the
petitioners in this case informed the Department that they, as a
representative of the U.S. steel rail industry, did not oppose the
revocation of the orders with regard to 100ARA-A new steel rail from
Canada.
We preliminarily determined that petitioner's affirmative statement
of no interest constitutes good cause for conducting changed
circumstances reviews. Consequently, on November 30, 1995, the
Department published a notice of initiation and preliminary results of
changed circumstances antidumping and countervailing duty
administrative reviews to determine whether to revoke these orders in
part (60 FR 61538). We gave interested parties an opportunity to
comment on the preliminary results of these changed circumstances
reviews. We received no comments.
Scope of Review
The merchandise covered by these changed circumstances reviews are
imports of 100ARA-A new steel rail, except light rail, whether of
carbon, high carbon, alloy or other quality steel, and includes
standard rails, all main line sections, heat-treated or head-hardened
(premium) rails, transit rails, contact rail (or ``third rail'') and
crane rails. This merchandise is currently
[[Page 11608]]
classified under subheadings 7302.10.1020, 7302.10.1040, 7302.10.5000,
and 8548.00.0000 of the Harmonized Tariff Schedule (HTS). The HTS
numbers are provided for convenience and Customs purposes. The written
description of the scope of these reviews remains dispositive.
These changed circumstances administrative reviews cover all
manufacturers/exporters of 100 ARA-A steel rail, except light rail,
from Canada.
Applicable Statute and Regulations
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 date 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
current regulations, as amended by the interim regulations published in
the Federal Register on May 11, 1995 (60 FR 25130).
Final Results of Review; Partial Revocation of Antidumping and
Countervailing Duty Orders
The affirmative statement of no interest by petitioners in this
case constitutes changed circumstances sufficient to warrant partial
revocation of these orders. Therefore, the Department is partially
revoking these orders on new steel rail, except light rail, from
Canada, with regard to 100ARA-A new steel rail, except light rail, from
Canada in accordance with sections 751 (b) and (d) and 782(h) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 353.25(d)(1) and
355.25(d)(1). Although our preliminary results stated that we would
revoke the antidumping duty order in part retroactive to August 1,
1994, the Office of Countervailing Compliance has already liquidated
entries for calendar year 1994. In addition, the anniversary month for
this antidumping case is September. Therefore, this partial revocation,
for antidumping purposes, applies to all entries of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after September 1, 1994, and, for countervailing duties, all entries of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after January 1, 1995.
The Department will instruct the U.S. Customs Service (Customs) to
proceed with liquidation, without regard to antidumping or
countervailing duties, of all unliquidated entries of 100ARA-A new
steel rail from Canada entered, or withdrawn from warehouse, for
consumption on or after September 1, 1994, for antidumping duties and
on or after January 1, 1995, for countervailing duties. The Department
will further instruct Customs to refund with interest any estimated
duties collected with respect to unliquidated entries of 100ARA-A new
steel rail from Canada entered, or withdrawn from warehouse, for
consumption on or after September 1, 1994, for antidumping duties and
on or after January 1, 1995, for countervailing duties, in accordance
with section 778 of the Act.
This notice also serves as a 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 353.34(d) and 355.34(d). 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 administrative review, partial
revocation of the antidumping and countervailing duty orders, and
notice are in accordance with sections 751 (b) and (d) and 782(h) of
the Act and sections 353.22(f), 353.25(d), 355.22(h), and 355.25(d) of
the Department's regulations.
Dated: March 14, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-6864 Filed 3-20-96; 8:45 am]
BILLING CODE 3510-DS-P
