[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Notices]
[Pages 29353-29355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13840]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-297 (Review) and 731-TA-422 (Review)]
Steel Rails From Canada
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the countervailing
duty and antidumping duty orders on steel rails from Canada.
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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
1675(c)) (the Act) to determine whether revocation of the
countervailing duty and antidumping duty orders on steel rails from
Canada would be likely to lead to continuation or recurrence of
material injury. Pursuant to section 751(c)(2) of the Act, interested
parties are requested to respond to this notice by submitting the
information specified below to the Commission; \1\ to be assured of
consideration, the deadline for responses is July 21, 1999. Comments on
the adequacy of responses may be filed with the Commission by August
16, 1999.
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\1\ No response to this request for information is required if a
currently valid Office of Management and Budget (OMB) number is not
displayed; the OMB number is 3117-0016/USITC No. 99-5-012. Public
reporting burden for the request is estimated to average 7 hours per
response. Please send comments regarding the accuracy of this burden
estimate to the Office of Investigations, U.S. International Trade
Commission, 500 E Street, SW, Washington, DC 20436.
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For further information concerning the conduct of these reviews and
rules of general application, consult the Commission's rules of
practice and procedure, part 201, subparts A through E (19 CFR part
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent
amendments to the rules of practice and procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are
published at 63 FR 30599, June 5, 1998, and may be downloaded from the
Commission's World Wide Web site at http://www.usitc.gov/rules.htm.
EFFECTIVE DATE: June 1, 1999.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera
Libeau (202-205-3176), Office of Investigations, U.S. International
Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting
the Commission's TDD terminal on 202-205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 202-205-2000.
General information concerning the Commission may also be obtained by
accessing its internet server (http://www.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background.--On September 15, 1989, the Department of Commerce
[[Page 29354]]
issued an antidumping duty order on imports of steel rails from Canada
(54 FR 38263). On September 22, 1989, the Department of Commerce issued
a countervailing duty order on imports of steel rails from Canada (54
FR 39032). The Commission is conducting reviews to determine whether
revocation of the orders would be likely to lead to continuation or
recurrence of material injury to the domestic industry within a
reasonably foreseeable time. It will assess the adequacy of interested
party responses to this notice of institution to determine whether to
conduct full reviews or expedited reviews. The Commission's
determinations in any expedited reviews will be based on the facts
available, which may include information provided in response to this
notice.
Definitions.--The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by the Department
of Commerce.
(2) The Subject Country in this review is Canada.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations, the Commission found one Domestic Like Product: all new
rail, excluding light rail. One Commissioner defined the Domestic Like
Product differently.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determinations, the
Commission found one Domestic Industry: producers of all new rail,
excluding light rail. One Commissioner defined the Domestic Industry
differently.
(5) The Order Dates are the dates that the countervailing duty and
antidumping duty orders under review became effective. In the review of
the antidumping duty order, the Order Date is September 15, 1989. In
the review of the countervailing duty order, the Order Date is
September 22, 1989.
(6) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the reviews and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the reviews as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in Sec. 201.11(b)(4) of the Commission's rules, no later than
21 days after publication of this notice in the Federal Register. The
Secretary will maintain a public service list containing the names and
addresses of all persons, or their representatives, who are parties to
the reviews.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary will
make BPI submitted in these reviews available to authorized applicants
under the APO issued in the reviews, provided that the application is
made no later than 21 days after publication of this notice in the
Federal Register. Authorized applicants must represent interested
parties, as defined in 19 U.S.C. 1677(9), who are parties to the
reviews. A separate service list will be maintained by the Secretary
for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to section 207.3 of the Commission's
rules, any person submitting information to the Commission in
connection with these reviews must certify that the information is
accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will be deemed to consent,
unless otherwise specified, for the Commission, its employees, and
contract personnel to use the information provided in any other reviews
or investigations of the same or comparable products which the
Commission conducts under Title VII of the Act, or in internal audits
and investigations relating to the programs and operations of the
Commission pursuant to 5 U.S.C. Appendix 3.
Written submissions.--Pursuant to Sec. 207.61 of the Commission's
rules, each interested party response to this notice must provide the
information specified below. The deadline for filing such responses is
July 21, 1999. Pursuant to Sec. 207.62(b) of the Commission's rules,
eligible parties (as specified in Commission rule 207.62(b)(1)) may
also file comments concerning the adequacy of responses to the notice
of institution and whether the Commission should conduct expedited or
full reviews. The deadline for filing such comments is August 16, 1999.
All written submissions must conform with the provisions of Sec. 201.8
and 207.3 of the Commission's rules and any submissions that contain
BPI must also conform with the requirements of Secs. 201.6 and 207.7 of
the Commission's rules. The Commission's rules do not authorize filing
of submissions with the Secretary by facsimile or electronic means.
Also, in accordance with Secs. 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the reviews must be served on
all other parties to the reviews (as identified by either the public or
APO service list as appropriate), and a certificate of service must
accompany the document (if you are not a party to the reviews you do
not need to serve your response).
Inability to provide requested information.--Pursuant to
Sec. 207.61(c) of the Commission's rules, any interested party that
cannot furnish the information requested by this notice in the
requested form and manner shall notify the Commission at the earliest
possible time, provide a full explanation of why it cannot provide the
requested information, and indicate alternative forms in which it can
provide equivalent information. If an interested party does not provide
this notification (or the Commission finds the explanation provided in
the notification inadequate) and fails to provide a complete response
to this notice, the Commission may take an adverse inference against
the party pursuant to section 776(b) of the Act in making its
determinations in the reviews.
Information to be Provided in Response to this Notice of
Institution: As used below, the term ``firm'' includes any related
firms.
(1) The name and address of your firm or entity (including World
Wide Web address if available) and name, telephone number, fax number,
and E-mail address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product, a U.S. union or worker group, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the
Commission.
[[Page 29355]]
(4) A statement of the likely effects of the revocation of the
countervailing duty and antidumping duty orders on the Domestic
Industry in general and/or your firm/entity specifically. In your
response, please discuss the various factors specified in section
752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of
subject imports, likely price effects of subject imports, and likely
impact of imports of Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries since 1988.
(7) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 1998 (report quantity data in short tons
and value data in thousands of U.S. dollars, f.o.b. plant). If you are
a union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production; and
(b) The quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s); and
(c) The quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s).
(8) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Country,
provide the following information on your firm's(s') operations on that
product during calendar year 1998 (report quantity data in short tons
and value data in thousands of U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis,
for the firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from the Subject Country accounted for by your firm's(s') imports; and
(b) The quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from the Subject Country; and
(c) The quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. internal consumption/company
transfers of Subject Merchandise imported from the Subject Country.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country, provide the following information on your firm's(s')
operations on that product during calendar year 1998 (report quantity
data in short tons and value data in thousands of U.S. dollars, landed
and duty-paid at the U.S. port but not including antidumping or
countervailing duties). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Country accounted for by your firm's(s') production; and
(b) The quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Country accounted for by your firm's(s') exports.
(10) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Country since the Order Dates, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include
technology; production methods; development efforts; ability to
increase production (including the shift of production facilities used
for other products and the use, cost, or availability of major inputs
into production); and factors related to the ability to shift supply
among different national markets (including barriers to importation in
foreign markets or changes in market demand abroad). Demand conditions
to consider include end uses and applications; the existence and
availability of substitute products; and the level of competition among
the Domestic Like Product produced in the United States, Subject
Merchandise produced in the Subject Country, and such merchandise from
other countries.
(11) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.
By order of the Commission.
Issued: May 24, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-13840 Filed 5-28-99; 8:45 am]
BILLING CODE 7020-02-P
