[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Notices]
[Pages 47862-47865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22788]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigations Nos. AA1921-197 (Review); 701-TA-231, 319-320, 322,
325-328, 340, 342, and 348-350 (Review); and 731-TA-573-576, 578, 582-
587, 604, 607-608, 612, and 614-618 (Review)]
Certain Carbon Steel Products From Australia, Belgium, Brazil,
Canada, Finland, France, Germany, Japan, Korea, Mexico, Netherlands,
Poland, Romania, Spain, Sweden, Taiwan, and United Kingdom
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the countervailing
duty and antidumping duty orders on certain carbon steel products from
Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan,
Korea, Mexico, Netherlands, Poland, Romania, Spain, Sweden, Taiwan, and
United Kingdom.
-----------------------------------------------------------------------
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 certain carbon steel
products from Australia, Belgium, Brazil, Canada, Finland, France,
Germany, Japan, Korea, Mexico, Netherlands, Poland, Romania, Spain,
Sweden, Taiwan, and United Kingdom 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 October 21, 1999. Comments on the adequacy of
responses may be filed with the Commission by November 12, 1999.
---------------------------------------------------------------------------
\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. 99-5-034. 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.
---------------------------------------------------------------------------
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: September 1, 1999.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Elizabeth
Haines (202-205-3200), 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 the dates listed below, countervailing duty and antidumping
[[Page 47863]]
duty orders on the subject imports were issued:
----------------------------------------------------------------------------------------------------------------
Order date and product/Country Inv. No. F.R. cite
----------------------------------------------------------------------------------------------------------------
6/13/79 Carbon steel plate/Taiwan............................................ AA1921-197 44 F.R. 33877
8/17/93 Cut-to-length carbon steel plate/Belgium............................. 701-TA-319 58 F.R. 43749
8/17/93 Cut-to-length carbon steel plate/Brazil.............................. 701-TA-320 58 F.R. 43751
8/17/93 Cut-to-length carbon steel plate/Germany............................. 701-TA-322 58 F.R. 43756
8/17/93 Cut-to-length carbon steel plate/Mexico.............................. 701-TA-325 58 F.R. 43755
8/17/93 Cut-to-length carbon steel plate/Spain............................... 701-TA-326 58 F.R. 43761
8/17/93 Cut-to-length carbon steel plate/Sweden.............................. 701-TA-327 58 F.R. 43758
8/17/93 Cut-to-length carbon steel plate/United Kingdom...................... 701-TA-328 58 F.R. 43748
8/19/93 Cut-to-length carbon steel plate/Belgium............................. 731-TA-573 58 F.R. 44164
8/19/93 Cut-to-length carbon steel plate/Brazil.............................. 731-TA-574 58 F.R. 44164
8/19/93 Cut-to-length carbon steel plate/Canada.............................. 731-TA-575 58 F.R. 44162
8/19/93 Cut-to-length carbon steel plate/Finland............................. 731-TA-576 58 F.R. 44165
8/19/93 Cut-to-length carbon steel plate/Germany............................. 731-TA-578 58 F.R. 44170
8/19/93 Cut-to-length carbon steel plate/Mexico.............................. 731-TA-582 58 F.R. 44165
8/19/93 Cut-to-length carbon steel plate/Poland.............................. 731-TA-583 58 F.R. 44166
8/19/93 Cut-to-length carbon steel plate/Romania............................. 731-TA-584 58 F.R. 44167
8/19/93 Cut-to-length carbon steel plate/Spain............................... 731-TA-585 58 F.R. 44167
8/19/93 Cut-to-length carbon steel plate/Sweden.............................. 731-TA-586 58 F.R. 44168
8/19/93 Cut-to-length carbon steel plate/United Kingdom...................... 731-TA-587 58 F.R. 44168
10/11/85 Cold-rolled carbon steel flat products/Sweden....................... 701-TA-231 50 F.R. 41547
8/17/93 Cold-rolled carbon steel flat products/Germany....................... 701-TA-340 58 F.R. 43756
8/17/93 Cold-rolled carbon steel flat products/Korea......................... 701-TA-342 58 F.R. 43752
8/19/93 Cold-rolled carbon steel flat products/Germany....................... 731-TA-604 58 F.R. 44170
8/19/93 Cold-rolled carbon steel flat products/Korea......................... 731-TA-607 58 F.R. 44159
8/19/93 Cold-rolled carbon steel flat products/Netherlands................... 731-TA-608 58 F.R. 44172
8/17/93 Corrosion-resistant carbon steel flat products/France................ 701-TA-348 58 F.R. 43759
8/17/93 Corrosion-resistant carbon steel flat products/Germany............... 701-TA-349 58 F.R. 43756
8/17/93 Corrosion-resistant carbon steel flat products/Korea................. 701-TA-350 58 F.R. 43752
8/19/93 Corrosion-resistant carbon steel flat products/Australia............. 731-TA-612 58 F.R. 44161
8/19/93 Corrosion-resistant carbon steel flat products/Canada................ 731-TA-614 58 F.R. 44162
8/19/93 Corrosion-resistant carbon steel flat products/France................ 731-TA-615 58 F.R. 44169
8/19/93 Corrosion-resistant carbon steel flat products/Germany............... 731-TA-616 58 F.R. 44170
8/19/93 Corrosion-resistant carbon steel flat products/Japan................. 731-TA-617 58 F.R. 44163
8/19/93 Corrosion-resistant carbon steel flat products/Korea................. 731-TA-618 58 F.R. 44159
----------------------------------------------------------------------------------------------------------------
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 Countries in these reviews are Australia, Belgium,
Brazil, Canada, Finland, France, Germany, Japan, Korea, Mexico,
Netherlands, Poland, Romania, Spain, Sweden, Taiwan, and United
Kingdom.
(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
1979 antidumping determination concerning carbon steel plate from
Taiwan, the Commission found one Domestic Like Product: Carbon steel
plate. In its original 1985 countervailing duty determination
concerning cold-rolled carbon steel flat products from Sweden, the
Commission found one Domestic Like Product: cold-rolled carbon steel
sheet. In its original 1993 determinations, the Commission found in the
affirmative for four Domestic Like Products: (1) Cut-to-length plate,
(2) cold-rolled carbon steel flat products, (3) corrosion-resistant
carbon steel flat products other than clad plate, and (4) corrosion-
resistant clad plate. One Commissioner defined the Domestic Like
Product differently. For purposes of this notice, you should report
information separately on each of the following Domestic Like Products:
(1) Carbon steel plate, (2) cut-to-length plate, (3) cold-rolled carbon
steel flat products, (4) corrosion-resistant carbon steel flat products
other than clad plate, and (5) corrosion-resistant clad plate.
(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 1979 antidumping
determination concerning carbon steel plate from Taiwan, the Commission
found one regional Domestic Industry: producers of carbon steel plate
located in the west coast States of California, Washington, and Oregon.
Certain Commissioners defined the Domestic Industry differently. In its
original 1985 countervailing duty determination concerning cold-rolled
carbon steel flat products from Sweden, the Commission found one
Domestic Industry: producers of cold-rolled carbon steel sheet. In its
original 1993 determinations, the Commission found in the affirmative
for four Domestic Industries: (1) Producers of cut-to-length plate, (2)
Producers of cold-rolled carbon steel flat products, (3) producers of
corrosion-resistant carbon steel flat
[[Page 47864]]
products other than clad plate, and (4) producers of corrosion-
resistant clad plate. One Commissioner defined the Domestic Industry
differently. For purposes of this notice, you should report information
separately on each of the following Domestic Industries: (1) Producers
of carbon steel plate located in California, Washington, and Oregon,
(2) producers of cut-to-length plate, (3) producers of cold-rolled
carbon steel flat products, (4) producers of corrosion-resistant carbon
steel flat products other than clad plate, and (5) producers of
corrosion-resistant clad plate.
(5) The Order Dates are the dates that the countervailing duty and
antidumping duty orders under review became effective. In these
reviews, the Order Dates are as shown in the preceding tabulation.
(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 Sec. 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 October 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 November 12, 1999. All written
submissions must conform with the provisions of Secs. 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
Please provide the requested information separately for each
Domestic Like Product, as defined above, and for each of the products
identified by Commerce as Subject Merchandise. If you are a domestic
producer, union/worker group, or trade/business association; import/
export Subject Merchandise from more than one Subject Country; or
produce Subject Merchandise in more than one Subject Country, you may
file a single response. If you do so, please ensure that your response
to each question includes the information requested for each pertinent
Subject Country. 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 to which your response pertains,
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.
(4) A statement of the likely effects of the revocation of the
countervailing duty and antidumping duty orders on each Domestic
Industry for which you are filing a response in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in Sec. 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
[[Page 47865]]
impact of imports of Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
each Domestic Like Product for which you are filing a response.
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 Countries that currently export or have exported Subject
Merchandise to the United States or other countries since the year the
petitions were filed. The Subject Merchandise, the Subject Countries,
and the years the petitions were filed are listed below:
------------------------------------------------------------------------
Subject Merchandise/Subject Country(ies) Years
------------------------------------------------------------------------
Carbon steel plate/Taiwan....................................... 1978
Cold-rolled carbon steel flat products/Sweden................... 1984
Cut-to-length carbon steel plate/Belgium, Brazil, Canada, 1992
Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and
United Kingdom.................................................
Cold-rolled carbon steel flat products/Germany, Korea, and 1992
Netherlands....................................................
Corrosion-resistant carbon steel flat products/Australia, 1992
Canada, France, Germany, Japan, and Korea......................
------------------------------------------------------------------------
(7) If you are a U.S. producer of the Domestic Like Product,
provide the following information separately on your firm's operations
on each 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 each Domestic Like Product
accounted for by your firm's(s') production;
(b) The quantity and value of U.S. commercial shipments of each
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 Countries,
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 Countries accounted for by your firm's(s') imports;
(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 Countries; 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 Countries.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Countries, 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
Countries 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 Countries accounted for by your firm's(s') exports.
(10) Identify significant changes, if any, in the supply and demand
conditions or business cycle for each Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Countries 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 Countries, 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 Sec. 207.61 of the Commission's rules.
By order of the Commission.
Issued: August 26, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-22788 Filed 8-31-99; 8:45 am]
BILLING CODE 7020-02-P
