98-11275. Initiation of Countervailing Duty Investigations: Stainless Steel Plate in Coils From Belgium, Italy, the Republic of Korea, and the Republic of South Africa  

  • [Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
    [Notices]
    [Pages 23272-23276]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-11275]
    
    
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    DEPARTMENT OF COMMERCE
    
    International Trade Administration
    [C-423-809, C-475-823, C-580-832, and C-791-806]
    
    
    Initiation of Countervailing Duty Investigations: Stainless Steel 
    Plate in Coils From Belgium, Italy, the Republic of Korea, and the 
    Republic of South Africa
    
    AGENCY: Import Administration, International Trade Administration, 
    Department of Commerce.
    
    EFFECTIVE DATE: April 28, 1998.
    
    FOR FURTHER INFORMATION CONTACT: Zak Smith (Belgium), at (202) 482-
    1279; Cynthia Thirumalai (Italy), at (202) 482-4087; Christopher Cassel 
    (the Republic of Korea), at (202) 482-4847; and Dana Mermelstein (the 
    Republic of South Africa), at (202) 482-0984, Import Administration, 
    U.S. Department of Commerce, Room 1870, 14th Street and Constitution 
    Avenue, NW, Washington, D.C. 20230.
    
    INITIATION OF INVESTIGATIONS:
    
    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 made to the Tariff Act of 1930 (the Act) by the 
    Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
    indicated, all citations to the Department's regulations are to the 
    current regulations published in the Federal Register on May 19, 1997 
    (62 FR 27296).
    
    The Petition
    
        On March 31, 1998, the Department of Commerce (the Department) 
    received a petition filed in proper form by or on behalf of Armco Inc., 
    J&L Specialty Steel, Inc., Lukens Inc., United Steel Workers of 
    America, AFL-CIO/CLC, Butler Armco Independent Union, and Zanesville 
    Armco Independent Organization, Inc. (the petitioners). Armco Inc., J&L 
    Specialty Steel, Inc., and Lukens Inc. are U.S. producers of stainless 
    steel plate in coils (plate in coils). J&L Specialty Steel, Inc. is not 
    a petitioner to the countervailing duty investigation involving 
    Belgium. Supplements to the petition were filed on April 14, 15, 16, 
    17, and 20, 1998.
        In accordance with section 702(b)(1) of the Act, petitioners allege 
    that manufacturers, producers, or exporters of the subject merchandise 
    in Belgium, Italy, the Republic of Korea (Korea), and the Republic of 
    South Africa (South Africa) receive countervailable subsidies within 
    the meaning of section 701 of the Act.
        The petitioners state that they have standing to file the petition 
    because they are interested parties, as defined under sections 
    771(9)(c) and (d) of the Act.
    
    Scope of the Investigations
    
        For purposes of these investigations, the product covered is 
    certain stainless steel plate in coils. Stainless steel is an alloy 
    steel containing, by weight, 1.2 percent or less of carbon and 10.5 
    percent or more of chromium, with or without other elements. The 
    subject plate products are flat-rolled products, 254 mm or over in 
    width and 4.75 mm or more in thickness, in coils, and annealed or 
    otherwise heat treated and pickled or otherwise descaled. The subject 
    plate may also be further processed (e.g., cold-rolled, polished, etc.) 
    provided that it maintains the specified dimensions of plate following 
    such processing. Excluded from the scope of this petition are the 
    following: (1) plate not in coils, (2) plate that is not annealed or 
    otherwise heat treated and pickled or otherwise descaled, (3) sheet and 
    strip, and (4) flat bars.
        The merchandise subject to this investigation is currently 
    classifiable in the Harmonized Tariff Schedule of the United States 
    (HTS) at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.05, 
    7219.12.00.20, 7219.12.00.25, 7219.12.00.50, 7219.12.00.55, 
    7219.12.00.65, 7219.12.00.70, 7219.12.00.80, 7219.31.00.10, 
    7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 
    7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 
    7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 
    7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 
    7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTS 
    subheadings are provided for convenience and Customs purposes, the 
    written description of the merchandise under investigation is 
    dispositive.
        During our review of the petition, we discussed the scope with the 
    petitioners to insure that the scope in the petition accurately 
    reflects the product for which the domestic industry is seeking relief. 
    Moreover, as we discussed in the preamble to the new regulations (62 FR 
    27323), we are setting aside a period for parties to raise issues 
    regarding product coverage. The Department encourages all parties to 
    submit such comments by May 8, 1998. Comments should be addressed to 
    Import Administration's Central Records Unit at Room 1870, U.S. 
    Department of Commerce, 14th Street and Constitution Avenue, NW, 
    Washington, D.C. 20230. The period of scope consultations is intended 
    to provide the Department with ample opportunity to consider all 
    comments and consult with parties prior to the issuance of the 
    preliminary determinations.
    
    Consultations
    
        Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department 
    invited representatives of the relevant foreign governments for 
    consultations with respect to the petition filed. On April 15, 1998, 
    the Department held consultations with representatives of the 
    governments of Italy and Belgium, and the European Commission (EC). On 
    April 19, 1998, consultations were held with representatives of the 
    government of South Africa. See the April 20, 1998, memoranda to the 
    file regarding these consultations (public documents on file in the 
    Central Records Unit of the Department of Commerce, Room B-099).
    
    Determination of Industry Support for the Petition
    
        Section 702(b)(1) of the Act requires that a petition be filed on 
    behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
    provides that a petition meets this requirement if the domestic 
    producers or workers who support the petition account for: (1) at least 
    25 percent of the total production of the domestic like product; and 
    (2) more than 50 percent of the production of the domestic like product 
    produced by that
    
    [[Page 23273]]
    
    portion of the industry expressing support for, or opposition to, the 
    petition.
        Section 771(4)(A) of the Act defines the ``industry'' as the 
    producers of a domestic like product. Thus, to determine whether the 
    petition has the requisite industry support, the statute directs the 
    Department to look to producers and workers who account for production 
    of the domestic like product. The International Trade Commission (ITC), 
    which is responsible for determining whether ``the domestic industry'' 
    has been injured, must also determine what constitutes a domestic like 
    product in order to define the industry. While both the Department and 
    the ITC must apply the same statutory definition of domestic like 
    product (section 771(10) of the Act), they do so for different purposes 
    and pursuant to separate and distinct authority. In addition, the 
    Department's determination is subject to limitations of time and 
    information. Although this may result in different definitions of the 
    like product, such differences do not render the decision of either 
    agency contrary to the law.1
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        \1\ See Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 
    639, 642-44 (CIT 1988); High Information Content Flat Panel Displays 
    and Display Glass Therefor from Japan: Final Determination; 
    Rescission of Investigation and Partial Dismissal of Petition, 56 FR 
    32376, 32380-81 (July 16, 1991).
    ---------------------------------------------------------------------------
    
        Section 771(10) of the Act defines domestic like product as ``a 
    product that is like, or in the absence of like, most similar in 
    characteristics and uses with, the article subject to an investigation 
    under this title.'' Thus, the reference point from which the domestic 
    like product analysis begins is ``the article subject to an 
    investigation,'' i.e., the class or kind of merchandise to be 
    investigated, which normally will be the scope as defined in the 
    petition.
        The domestic like product referred to in the petition is the single 
    domestic like product defined in the ``Scope of Investigation'' 
    section, above. The Department has no basis to find the petition's 
    definition of the domestic like product to be inaccurate. The 
    Department has, therefore, adopted the domestic like product definition 
    set forth in the petition. For these investigations, petitioners have 
    established a level of support for the petition commensurate with the 
    statutory requirements. Accordingly, the Department determines that the 
    petition was filed on behalf of the domestic industry within the 
    meaning of section 702(b)(1) of the Act. See the April 20, 1998, 
    memoranda to the file regarding industry support (public versions of 
    the documents on file in the Central Records Unit of the Department of 
    Commerce, Room B-099).
    
    Injury Test
    
        Because Belgium, Italy, Korea, and South Africa are ``Subsidies 
    Agreement Countries'' within the meaning of section 701(b) of the Act, 
    section 701(a)(2) applies to these investigations. Accordingly, the 
    U.S. International Trade Commission (ITC) must determine whether 
    imports of the subject merchandise from these countries materially 
    injure, or threaten material injury to, a U.S. industry.
    
    Allegations and Evidence of Material Injury and Causation
    
        The petition alleges that the U.S. industry producing the domestic 
    like product is being materially injured, and is threatened with 
    material injury, by reason of the individual and cumulated subsidized 
    imports of the subject merchandise. The allegations of injury and 
    causation are supported by relevant evidence including business 
    proprietary data from the petitioning firms and U.S. Customs import 
    data. The Department assessed the allegations and supporting evidence 
    regarding material injury and causation, and determined that these 
    allegations are sufficiently supported by accurate and adequate 
    evidence and meet the statutory requirements for initiation. See the 
    April 20, 1998, memoranda to the file regarding the initiation of these 
    investigations (public documents on file in the Central Records Unit of 
    the Department of Commerce, Room B-009).
    
    Allegations of Subsidies
    
        Section 702(b) of the Act requires the Department to initiate a 
    countervailing duty proceeding whenever an interested party files a 
    petition, on behalf of an industry, that (1) alleges the elements 
    necessary for an imposition of a duty under section 701(a), and (2) is 
    accompanied by information reasonably available to petitioners 
    supporting the allegations.
    
    Initiation of Countervailing Duty Investigations
    
        The Department has examined the petition on plate in coils from 
    Belgium, Italy, Korea, and South Africa and found that it complies with 
    the requirements of section 702(b) of the Act. Therefore, in accordance 
    with section 702(b) of the Act, we are initiating countervailing duty 
    investigations to determine whether manufacturers, producers, or 
    exporters of plate in coils from these countries receive subsidies. See 
    the April 20, 1998, memoranda to the file regarding the initiation of 
    these investigations (public documents on file in the Central Records 
    Unit of the Department of Commerce, Room B-099).
    
    A. Belgium
    
        We are including in our investigation the following programs 
    alleged in the petition to have provided subsidies to producers and 
    exporters of the subject merchandise in Belgium:
    
    1. 1993 Expansion Grant
    2. 1994 Environmental Grant
    3. ``Investment and Interest'' Subsidies
    4. Funding for Early Retirement
    5. Societe Nationale de Credite a l'Industrie (SNCI) Loans
    6. Belgian Industrial Finance Company (Belfin) Loans
    7. Societe Nationale pour la Reconstruction des Secteurs Nationaux 
    (SNSN) Advances
    8. Benefits pursuant to the Economic Expansion Law of 1970 (1970 Law)
        a. Grants and Interest Rebates
        b. Corporate Income Tax Exemption
        c. Accelerated Depreciation
        d. Real Estate Tax Exemption
        e. Capital Registration Tax Exemption
        f. Government Loan Guarantees
        g. Employment ``Premiums'
     9. Industrial Reconversion Zones (Inclusive of the ``Herstelwet'' Law)
    10. Special Depreciation Allowance
    11. Preferential Short-Term Export Credit
    12. Interest Rate Rebates
    13. Subsidies Provided to Sidmar that are Attributable to ALZ N.V. 
    (ALZ)
        a. Assumption of Sidmar's Debt
        b. SidInvest
        c. Water Purification Grants
    14. 1984 Debt to Equity Conversion and Purchase of ALZ Shares
    European Commission Programs
    1. ECSC Article 54 Loans & Interest Rebates
    2. ECSC Article 56 Conversion Loans, Interest Rebates & Redeployment 
    Aid
    3. European Social Fund
    4. European Regional Development Fund
    5. Resider II Program
    
        We are not including in our investigation at this time the 
    following programs alleged to be benefitting producers and exporters of 
    the subject merchandise in Belgium:
        1. ``Employment Zone'' grants and tax exemptions. Petitioners 
    allege that ALZ may have received non-recurring grants and tax 
    exemptions under this program. Several Royal Decrees established 
    ``employment zones'' to provide benefits to industries located in 
    certain
    
    [[Page 23274]]
    
    depressed regions. The evidence provided by petitioners does not 
    indicate that ALZ is eligible to receive benefits from this program 
    because it is not located in an employment zone. Therefore, we are not 
    including this program in our investigation.
        2. Genk Plant capital investment by the Government of Belgium. 
    Petitioners allege that ALZ received a countervailable benefit from a 
    ``capital injection'' made by state-owned investment companies and a 
    partially state-owned steel firm. Petitioners allege that the benefit 
    takes the form of either a grant, an equity infusion, or an interest-
    free loan under the Industrial Reconversion Zones mentioned above. The 
    evidence provided by petitioner does not support the allegation that 
    this capital injection was a grant. Moreover, the petitioners have not 
    provided sufficient information indicating that any ALZ stock purchased 
    was done so inconsistent with the usual investment practice of a 
    private investor. To the extent that any government assistance received 
    may constitute an interest-free loan under the Industrial Reconversion 
    program, we will examine such assistance in the context of 
    investigating that program.
    
    B. Italy
    
        We are including in our investigation the following programs 
    alleged in the petition to have provided subsidies to producers and 
    exporters of the subject merchandise in Italy:
    Government of Italy Programs
     1. Law 796/76: Exchange Rate Guarantee Program
     2. Benefits Associated with the 1988-1990 Restructuring
     3. Pre-Privatization Employment Benefits
     4. Law 120/89 Recovery Plan for the Steel Industry
     5. Law 181/89 Worker Adjustment/Redevelopment Assistance
     6. Law 345/92 Benefits for Early Retirement
     7. Law 706/85 Grants for Capacity Reduction
     8. Law 488/92 Aid to Depressed Areas
     9. Law 46/82 Assistance for Capacity Reduction
    10. Working Capital Grants to ILVA, S.p.A. (ILVA)
    11. ILVA Restructuring and Liquidation Grant
    12. 1994 Debt Payment Assistance by the Instituto per la Riscostruzione 
    Industriale (IRI)
    13. Loan to KAI for purchase of Acciai Speciali Terni S.p.A. (AST)
    14. Debt Forgiveness: 1981 Restructuring Plan
    15. Debt Forgiveness: Finsider-to-ILVA Restructuring
    16. Debt Forgiveness: ILVA-to-AST Restructuring
    17. Law 675/77
        a. Mortgage Loans
        b. Interest Contributions on IRI Loans
        c. Personnel Retraining Aid
        d. VAT Reductions
    18. Law 193/84
        a. Interest Payments
        b. Closure Assistance
        c. Early Retirement Benefits
    19. Law 394/81 Export Marketing Grants and Loans
    20. Equity Infusions from 1978 through 1992
    21. Uncreditworthiness for 1977 through 1997
    22. 22. Law 341/95 and Circolare 50175/95
    European Commission Programs
     1. EU Subsidy to AST to Construct a Mill
     2. ECSC Article 54 Loans & Interest Rebates
     3. ECSC Article 56 Conversion Loans, Interest Rebates & Redeployment 
    Aid
     4. European Social Fund
     5. European Regional Development Fund
     6. Resider II Program (and successor programs)
    
        We are not including in our investigation the following programs 
    alleged to be benefitting producers and exporters of the subject 
    merchandise in Italy:
        1. Decree Law 357/91. A translated portion of Law 357/91 provided 
    by petitioners states that: [F]unds cannot be granted for investments 
    concerning the following sections and production activities: (A) steel 
    production as cited in Attachment 1 of the ECSC treaty.
        Petitioners have provided no information showing that stainless 
    steel plate production, or any part of its production process, does not 
    come under Attachment 1 of the ECSC treaty. Other sections of Law 357/
    91 state that eligible firms must be small-or medium-sized with a 
    maximum number of employees of 250--a number that is far less than the 
    3,600 employees of the Italian producer (see p. 5, Exhibit D, April 15, 
    1998, submission by petitioners). In addition, Article 1, par. 1 of Law 
    357/91 states that eligible grants are to cover costs ``as long as 
    these costs are not related to iron and steel industries.'' Contrary to 
    petitioners' assertions that some benefits (e.g., interest subsidies 
    under Article 6) may have different eligibility requirements, 
    information on the record indicates that the requirements described 
    above apply to all benefits. Based on the foregoing, we are not 
    including Law 357/91 benefits in our investigation.
        2. Law 481/94 Funds for Capacity Reduction in the Metals Industry. 
    In their submission of April 17, 1998, petitioners withdrew their 
    allegation that AST may have benefitted from assistance under Law 481/
    94 stating, ``it now appears that AST's production of subject 
    merchandise did not benefit from this program.''
        3. Law 223/91 Benefits for Early Retirement. In the Final 
    Affirmative Countervailing Duty Determination: Grain-Oriented 
    Electrical Steel From Italy, 59 FR 18357 (April 18, 1994), the 
    Department determined that benefits provided under Law 223/91, were not 
    countervailable. Petitioners have not provided any new information 
    which warrants a reexamination of that determination. Thus, we are not 
    including this program in our investigation.
    
    C. Republic of Korea
    
        We are including in our investigation the following programs 
    alleged in the petition to have provided subsidies to producers and 
    exporters of the subject merchandise in Korea:
    
     1. Pre-1992 Government of Korea Direction of Credit
     2. Post-1992 Government of Korea Direction of Credit
     3. Tax Incentives for Highly-Advanced Technology Businesses
     4. Provision of Electricity at Less Than Adequate Remuneration
     5. Reserve for Investment
     6. Export Facility Loans
     7. Reserve for Export Loss Under the Tax Exemption and Reduction 
    Control Act (TERCL)
     8. Reserve for Overseas Market Development Under the Tax Exemption and 
    Reduction Control Act (TERCL)
     9. Unlimited Deduction of Overseas Entertainment Expenses
    10. Short-Term Export Financing
    11. Korean Export-Import Bank (EXIMBANK) Loans
    12. Export Insurance Rates Provided by the Korean Export Insurance 
    Corporation
    13. Excessive Duty Drawback
    14. Kwangyang Bay Project
    
        We are not including in our investigation the following program 
    alleged to be benefitting producers and exporters of the subject 
    merchandise in Korea:
    
    Special Depreciation of Assets
    
        Petitioners allege that this program is contingent upon exports. In 
    support of
    
    [[Page 23275]]
    
    their allegation, petitioners submitted a copy of Pohang Iron & Steel 
    Company's (POSCO) (a named producer/exporter of the subject 
    merchandise) 1993 Annual Report. Because POSCO's 1993 Annual Report 
    documents a line item for ``special depreciation of assets,'' 
    petitioners assert that POSCO may have benefitted from this ``export-
    oriented'' subsidy program. However, the relevant note in POSCO's 1993 
    Annual Report states that the special depreciation is for ``facilities 
    and equipment which operate longer than a standard eight-hour work 
    day.'' The note further indicates that the ``special depreciation will 
    no longer be allowed for financial reporting purposes, commencing in 
    1994.'' Therefore, it does not appear that the special depreciation is 
    contingent on exportation. Moreover, petitioners have not provided any 
    evidence indicating POSCO received the special depreciation after 1993. 
    Therefore, we are not including this program in our investigation.
    
    D. Republic of South Africa
    
        We are including in our investigation the following programs 
    alleged in the petition to have provided subsidies to producers and 
    exporters of the subject merchandise in South Africa:
    
    1. IDC Capital Infusions in Columbus Stainless Steel Co., Ltd.
    2. Tax Benefits Under Section 37E of the Income Tax Act
    3. Export Assistance Under the Export Marketing Assistance and the 
    Export Marketing and Investment Assistance Programs
    4. Regional Industrial Development Program (RIDP)
    5. Competitiveness Fund
    6. Low Interest Rate Finance for the Promotion of Exports (LIFE) Scheme
    7. Low Interest Rate Scheme for the Promotion of Exports
    8. Import Financing through Impofin, Ltd.
        We are not including in our investigation the following programs 
    alleged to be benefitting producers and exporters of the subject 
    merchandise in South Africa:
        1. Export finance guarantee program. According to a paper provided 
    in the petition, published by the Industrial Development Corporation of 
    South Africa Ltd. (IDC) and entitled Measures and Policies Impacting on 
    South African Industry, this program is designed to help small- and 
    medium-sized businesses which need financial assistance to execute 
    export orders. In light of information in the petition indicating that 
    stainless steel producers are large enterprises, petitioners have not 
    provided any information to show that the producers/exporters of the 
    subject merchandise would be eligible for this program. On this basis, 
    we are not including this program in our investigation.
        2. Export marketing allowance. The Department examined this program 
    in the 1991 administrative review of the countervailing duty order on 
    ferrochrome from South Africa (as Category D of the Export Incentive 
    Program). See Ferrochrome from South Africa; Final Results of 
    Countervailing Duty Administrative Review, 60 FR 7043 (February 6, 
    1995); Ferrochrome from South Africa; Preliminary Results of 
    Countervailing Duty Administrative Review, 58 FR 59988 (November 12, 
    1993). In that review, the Department found that companies could deduct 
    from taxable income marketing expenses incurred until March 31, 1992, 
    the date the program was terminated. The petition contains no evidence 
    that the program has been reinstated and provides no reason to believe 
    that any benefits obtained prior to March 31, 1992, could remain 
    outstanding through 1997, the period of investigation. On this basis, 
    we are not including this program in our investigation.
        3. Export credit insurance. Petitioners have provided information 
    indicating the existence of an insurance program for the coverage of 
    exporters' risk of losses resulting from failure to receive payments. 
    The program is administered by the Credit Guarantee Insurance 
    Corporation of South Africa Limited (CGIC) on behalf of the Department 
    Trade and Industry (DTI). Petitioners have not provided any information 
    indicating that the CGIC's premiums are inadequate to cover the long-
    term operating costs of the program. Therefore, we are not including 
    this program in our investigation.
        4. Multi-shift scheme. According to IDC and DTI publications 
    provided in the petition, this scheme makes available low interest 
    financing to fund the increase in working capital which becomes 
    necessary as a result of adding a production shift. Petitioners allege 
    that this program may be contingent upon exportation. However, the 
    descriptions of the Multi-Shift Scheme itself do not indicate that the 
    scheme is contingent in any way upon exportation. In addition, 
    petitioners have not provided any information indicating that this 
    scheme may be otherwise limited to a specific enterprise or industry, 
    or group thereof. On this basis, we are not including this program in 
    our investigation.
        5. Low interest rates for the promotion of employment scheme. 
    According to an IDC publication provided in the petition, this scheme 
    makes available low interest financing to help companies add production 
    capacity that will increase employment opportunities. Petitioners 
    allege that this program may be contingent upon exportation. The 
    description of this scheme itself does not indicate that this scheme is 
    contingent in any way upon exportation. In addition, petitioners have 
    not provided any information indicating that this scheme may be 
    otherwise limited to a specific enterprise or industry, or group 
    thereof. On this basis, we are not including this program in our 
    investigation.
        6. Manufacturing development program (MDP). According to 
    information provided in the petition (an IDC paper titled Measures and 
    Policies Impacting on South African Industry), the MDP provides for 
    ``an accelerated depreciation allowance for the expansion or 
    establishment of small, medium and large enterprises * * * on plant and 
    equipment brought into use between July 1, 1996, and September 30, 
    1999.'' The description of the program itself does not indicate that 
    the MDP is contingent in any way upon exportation. In addition, 
    petitioners have not provided any information indicating that this 
    program may be otherwise limited to a specific enterprise or industry, 
    or group thereof. Thus, we are not including this program in our 
    investigation.
        7. Reduced rail rates. Petitioners provided a 1994 Price Waterhouse 
    publication entitled Doing Business in South Africa which indicates 
    that the Railway Administration may, under certain circumstances, 
    provide reduced rail rates on commodities destined for overseas. In the 
    1982 certain steel investigation from South Africa, the Department 
    found that countervailable benefits due to reduced rail rates to 
    exporters had ceased, effective April 1, 1982. See Final Affirmative 
    Countervailing Duty Determination and Countervailing Duty Orders; 
    Certain Steel Products From South Africa, 47 FR 39379, 39380 (September 
    7, 1982). In the 1993 certain steel investigation from South Africa, 
    the Department did not initiate an investigation of the rail rates in 
    South Africa. See Initiation of Countervailing Duty Investigation: 
    Certain Carbon Steel Flat Products From South Africa, 58 FR 32515 (June 
    10, 1993) (1993 Initiation). The information examined in that 
    investigation is the same type of information submitted in this 
    petition, and petitioners have not provided any additional information 
    that would warrant a reconsideration of the Department's previous 
    decisions.
    
    [[Page 23276]]
    
    Thus, we are not including this program in our investigation.
        8. Reduced electricity rates. Petitioners provided a 1994 Price 
    Waterhouse publication entitled Doing Business in South Africa which 
    indicates that companies in energy-intensive industries may negotiate 
    special tariffs with the relevant authority and/or the Electricity 
    Supply Commission (ESKOM), a state enterprise. In the 1993 
    investigation of certain steel products from South Africa, petitioners 
    also alleged that steel producers in South Africa may benefit from 
    special electricity rates that can be negotiated with ESKOM, but the 
    Department did not initiate an investigation of electricity rates. See 
    1993 Initiation, 58 FR 32515. The statement from in Price Waterhouse 
    publication contains no new information or evidence of changed 
    circumstances which would warrant a reexamination of electricity rates 
    in South Africa. Thus, we are not including this program in our 
    investigation.
        9. World-Player Scheme. According to IDC publications provided in 
    the petition, this scheme makes low-interest financing available to 
    manufacturers for the acquisition of fixed assets (machinery and 
    equipment) in order to improve their competitiveness following changes 
    in the tariff protection policy. The description of the World-Player 
    Scheme itself does not indicate that the scheme is designed to promote 
    exports; rather, it indicates that its focus is to assist companies 
    competing with imports. In addition, although the IDC publications 
    indicate that the scheme is available to manufactures whose total 
    nominal import tariff rates have decreased by ten percentage points, 
    petitioners have not provided information indicating that changes in 
    tariffs rates are limited to a specific enterprise or industry, or 
    group thereof.
    
    Distribution of Copies of the Petition
    
        In accordance with section 702(b)(4)(A)(i) of the Act, copies of 
    the public version of the petition have been provided to the 
    representatives of Belgium, Italy, Korea, and South Africa. We will 
    attempt to provide copies of the public version of the petition to all 
    the exporters named in the petition, as provided for under section 
    351.203(c)(2) of the Department's regulations.
    
    ITC Notification
    
        Pursuant to section 702(d) of the Act, we have notified the ITC of 
    these initiations.
    
    Preliminary Determination by the ITC
    
        The ITC will determine by May 15, 1998, whether there is a 
    reasonable indication that an industry in the United States is 
    materially injured, or is threatened with material injury, by reason of 
    imports of stainless steel plate in coils from Belgium, Italy, the 
    Republic of Korea, and the Republic of South Africa. A negative ITC 
    determination will, for any country, result in the investigation being 
    terminated with respect to that country; otherwise, the investigations 
    will proceed according to statutory and regulatory time limits.
        This notice is published pursuant to section 777(i) of the Act.
    
        Dated: April 20, 1998.
    Robert S. LaRussa,
    Assistant Secretary for Import Administration.
    [FR Doc. 98-11275 Filed 4-27-98; 8:45 am]
    BILLING CODE 3510-DS-P
    
    
    

Document Information

Effective Date:
4/28/1998
Published:
04/28/1998
Department:
International Trade Administration
Entry Type:
Notice
Document Number:
98-11275
Dates:
April 28, 1998.
Pages:
23272-23276 (5 pages)
Docket Numbers:
C-423-809, C-475-823, C-580-832, and C-791-806
PDF File:
98-11275.pdf