[Federal Register Volume 64, Number 179 (Thursday, September 16, 1999)]
[Notices]
[Pages 50273-50274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24194]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-833]
Stainless Steel Bar From Japan: Final Results of Changed-
Circumstances Review, and Revocation of Order In Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of changed-circumstances review and
revocation of order in part.
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SUMMARY: On August 6, 1999, the Department of Commerce published a
notice of initiation and preliminary results of a changed-circumstances
review and intent to revoke order in part of the antidumping duty order
on stainless steel bar from Japan.
We gave interested parties an opportunity to comment on the
preliminary results. We received no comments. We are now revoking this
order in part based on the fact that domestic parties support the
request of Tohoku Steel Co., Ltd. for a changed-circumstances review
and revocation in part of the order with regard to K-M35FL steel bar.
EFFECTIVE DATE: September 16, 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 Steel Co., Ltd. (Tohoku) requested that
the Department of Commerce (the Department) conduct a changed-
circumstances 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 (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) 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.
We preliminarily determined that the statement of support from the
domestic interested party constituted changed circumstances sufficient
to warrant revocation in part of this order. Consequently, on August 6,
1999, we published a notice of initiation and preliminary results of a
changed-circumstances review and intent to revoke order in part (64 FR
42920).
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 order, 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,
[[Page 50274]]
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, grooves, 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.
Final Results of Changed Circumstances Review and Revocation of
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 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 review based upon
``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 (or part of the order) under review is no
longer of interest to domestic interested parties.
Based on the fact that no other domestic interested parties have
objected to the position taken by the 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 there are changed
circumstances sufficient to warrant revocation of the order in part.
Therefore, the Department is revoking in part the antidumping duty
order on stainless steel bar from Japan, in accordance with sections
751(b) and 782(h) of the Act and 19 CFR 351.222(g)(1)(i). This partial
revocation will apply to all entries of K-M35FL from Japan entered, or
withdrawn from warehouse, for consumption on or after the publication
date of the final results of this changed circumstances review.
The Department will instruct the Customs Service to cease
suspension of liquidation and collection of cash deposits on entries of
K-M35FL from Japan entered, or withdrawn from the warehouse, for
consumption on or after the publication date of the final results of
this changed circumstances review. Additionally, the Department will
instruct the Customs Service to proceed with liquidation, without
regard to antidumping duties, and to refund with interest any estimated
duties collected with respect to unliquidated entries of K-M35FL from
Japan or withdrawn from warehouse for consumption on or after the
publication date of the final results of this changed-circumstances
review, in accordance with section 778 of the Act.
We are issuing and publishing this determination and notice in
accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR
351.216 and 351.222.
Dated: September 10, 1999.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-24194 Filed 9-15-99; 8:45 am]
BILLING CODE 3510-DS-P
