[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Notices]
[Pages 42920-42922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20336]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-833]
Stainless Steel Bar From Japan: 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 by Tohoku Steel Co., Ltd. (Tohoku),
the Department of Commerce (the Department) is initiating a changed-
circumstances antidumping duty
[[Page 42921]]
administrative review and issuing an intent to revoke in part the
antidumping duty order on stainless steel bar from Japan. Tohoku
requested that the Department revoke the order in part with regard to
imports of K-M35FL steel bar. Based on the fact that Al Tech Specialty
Steel Corp., Dunkirk, NY, Carpenter Technology Corp., Reading, PA,
Republic Engineered Steels, Inc., Massillon, OH, Slater Steels Corp.,
Fort Wayne, IN, Talley Metals Technology, Inc., Hartsville, SC, and the
United Steel Workers of America, AFL-CIO/CLC, collectively petitioners
in the less-than-fair-value (LTFV) investigation and also in this
review, support Tohoku's request for a changed-circumstances review and
revocation in part of the order with regard to K-M35FL steel bar, we
are initiating this review and we preliminarily determine to revoke the
order in part with regard to this merchandise.
EFFECTIVE DATE: August 6, 1999.
FOR FURTHER INFORMATION CONTACT: Minoo Hatten or Robin Gray, Office of
AD/CVD Enforcement, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
1690 or (202) 482-4023, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 17, 1999, Tohoku requested that the Department conduct a
changed-circumstances administrative review to determine whether to
revoke the antidumping duty order in part with regard to K-M35FL steel
bar, which is currently covered by the scope of the order. Tohoku
stated that the leaded steel product in question is not produced in
commercial quantities in the United States. With its June 17, 1999
submission, Tohoku included a letter from the petitioners agreeing to
Tohoku's request to have K-M35FL steel bar excluded from the scope of
the antidumping duty order on stainless steel bar from Japan. As the
parties to this proceeding agree on the outcome of the review, Tohoku
requests that the Department issue its determination with respect to
the changed-circumstances review in an expedited fashion pursuant to 19
CFR 351.216(e).
The Applicable Statute
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 19 CFR
part 351 (1998).
Scope of Review
The products covered by this changed-circumstances review are
imports of K-M35FL steel bar manufactured by Tohoku and exported from
Japan.
The scope of the order covers stainless steel bar (SSB). For
purposes of this review, the term SSB means articles of stainless steel
in straight lengths that have been either hot-rolled, forged, turned,
cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a
uniform solid cross section along their whole length in the shape of
circles, segments of circles, ovals, rectangles (including squares),
triangles, hexagons, octagons or other convex polygons. SSB includes
cold-finished SSBs that are turned or ground in straight lengths,
whether produced from hot-rolled bar or from straightened and cut rod
or wire, and reinforcing bars that have indentations, ribs, groves, or
other deformations produced during the rolling process.
Except as specified above, the term does not include stainless
steel semi-finished products, cut-length flat-rolled products (i.e.,
cut-length rolled products which if less than 4.75 mm in thickness have
a width measuring at least 10 times the thickness or if 4.75 mm or more
in thickness having a width which exceeds 150 mm and measures at least
twice the thickness), wire (i.e., cold-formed products in coils, of any
uniform solid cross section along their whole length, which do not
conform to the definition of flat-rolled products), and angles, shapes
and sections.
The SSB subject to this order is currently classifiable under
subheadings 7222.10.0005, 7222.10.0050, 7222.20.0005, 7222.20.0045,
7222.20.0075, and 7222.30.0000 of the Harmonized Tariff Schedule of the
United States (HTSUS). Although the HTSUS subheadings are provided for
convenience and customs purposes, our written description of the scope
of this order is dispositive.
Initiation and Preliminary Results of Changed Circumstances
Antidumping Duty Administrative Review, and Intent To Revoke Order
In Part
Pursuant to section 751(d)(1) of 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 information concerning changed circumstances sufficient to
warrant a review.
The Department's regulations at 19 CFR 351.216 provide that the
Department will conduct a changed-circumstances administrative review
under 19 CFR 351.216(e) based upon an affirmative statement of no
interest from the petitioner in the proceeding (i.e., such a statement
constitutes ``changed circumstances sufficient to warrant a review'').
Section 782(h) of the Act and 19 CFR 351.222(g)(1)(i) provide further
that the Department may revoke an order, or revoke an order in part, if
it determines that the order under review is no longer of interest to
domestic interested parties. In addition, in the event that the
Department concludes that expedited action is warranted, section
351.216(e) of the regulations permits the Department to combine the
notices of initiation and preliminary results.
Therefore, in accordance with sections 751(d) and 782(h) of the Act
and 19 CFR 351.216 and 351.216(e), based on petitioners' affirmative
statement of no interest in the continued application of the order to
K-M35FL steel bar, we are initiating this changed-circumstances
administrative review. Based on the fact that no other domestic
interested parties have objected to the position taken by petitioners
that they have no further interest in the application of the order to
imports of K-M35FL steel bar from Japan, we have determined that
expedited action is warranted, and we are combining these notices of
initiation and preliminary results. We have preliminarily determined
that there are changed circumstances sufficient to warrant partial
revocation of the order on stainless steel bar from Japan. Therefore,
we are hereby notifying the public of our intent to revoke in part the
antidumping duty order as it relates to imports of K-M35FL from Japan.
This partial revocation will apply to all entries of K-M35FL from Japan
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results.
Public Comment
Any interested party may request a hearing within 10 days of
publication of this notice. 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
[[Page 42922]]
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. Persons interested in attending the hearing, if one is
requested, 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.
We are issuing and publishing this determination and notice in
accordance with sections 751(b)(1) and 777(i)(1) of the Act and
sections 351.216 and 351.222 of the Department's regulations.
Dated: July 30, 1999.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-20336 Filed 8-5-99; 8:45 am]
BILLING CODE 3510-DS-P
