[Federal Register: January 30, 2001 (Volume 66, Number 20)]
[Notices]               
[Page 8199-8200]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja01-38]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-821, C-560-813, C-791-810, C-549-818]

 
Certain Hot-Rolled Carbon Steel Flat Products From India, 
Indonesia, South Africa, and Thailand: Extension of Time Limit for 
Preliminary Determinations in Countervailing Duty Investigations

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of extension of time limit for preliminary 
determinations in countervailing duty investigations.

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SUMMARY: The Department of Commerce is extending the time limit of the 
preliminary determinations in the countervailing duty (``CVD'') 
investigations of certain hot-rolled carbon steel flat products from 
India, Indonesia, South Africa, and Thailand from February 7, 2001 
until no later than March 26, 2001. This extension is made pursuant to 
section 703(c)(1)(B) of the Tariff Act of 1930, as amended by the 
Uruguay Round Agreements Act.

EFFECTIVE DATE: January 30, 2001.

FOR FURTHER INFORMATION CONTACT: Eric Greynolds (India), at (202) 482-
6071; Stephanie Moore (Indonesia), at (202) 482-3692; Sally Gannon 
(South Africa), at (202) 482-0162; and Dana Mermelstein (Thailand), at 
(202) 482-1391, Import Administration, U.S. Department of Commerce, 
14th Street and Constitution Avenue, N.W., Washington, D.C. 20230.

SUPPLEMENTARY INFORMATION:

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. In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
regulations codified at 19 CFR Part 351 (2000).

Extension of Due Date for Preliminary Determinations

    On December 4, 2000, the Department of Commerce (``the 
Department'') initiated the CVD investigations of certain hot-rolled 
carbon steel flat products from India, Indonesia, South Africa, and 
Thailand. See Notice of Initiation of Countervailing Duty 
Investigations: Certain Hot-Rolled Carbon Steel Flat Products From 
Argentina, India, Indonesia, South Africa, and Thailand, 65 FR 77580 
(December 12, 2000). Currently, the preliminary determinations are due 
no later than February 7, 2001. However, pursuant to section 
703(c)(1)(B) of the Act, we have determined that these investigations 
are ``extraordinarily complicated'' and are therefore extending the due 
date for the preliminary determinations by 45 days to no later than 
March 26, 2001.
    Under section 703(c)(1)(B), the Department can extend the period 
for reaching a preliminary determination until not later than the 130th 
day after the date on which the administering authority initiates an 
investigation if:
    (B) the administering authority concludes that the parties 
concerned are cooperating and determines that
    (i) the case is extraordinarily complicated by reason of
    (I) the number and complexity of the alleged countervailable 
subsidy practices;
    (II) the novelty of the issues presented;
    (III) the need to determine the extent to which particular 
countervailable subsidies are used by individual manufacturers, 
producers, and exporters; or
    (IV) the number of firms whose activities must be investigated; and
    (ii) additional time is necessary to make the preliminary 
determination. Regarding the first requirement, we find that in each 
case all concerned parties are cooperating. Regarding the second 
requirement, we find that each of these four cases is extraordinarily 
complicated for the following reasons.

India

    The Indian CVD investigation is extraordinarily complicated because 
of the number of firms whose activities must be investigated and the 
need to determine the extent to which particular countervailable 
subsidies are used by individual manufacturers, producers, and 
exporters in India. There are five producers which exported subject 
merchandise to the United States during the period of investigation. In 
order to determine the extent to which alleged countervailable 
subsidies are used, a large amount of information must be analyzed by 
the Department for these five companies. Given the time constraints of 
this investigation, we consider the information to be analyzed for 
these five companies to be voluminous.

Indonesia

    The Indonesian CVD investigation is extraordinarily complicated 
because of the novelty of the issue presented and the need to determine 
the extent to which particular countervailable subsidies are used by 
the producer of the subject merchandise and its subsidiary. Certain of 
the alleged subsidies, including equity infusions, were provided by the 
Government of Indonesia to a company affiliated with the producer of 
the subject merchandise, rather than to the producer itself. Thus, this 
case presents an unusual set of facts which requires additional 
attention and analysis with respect to determining whether such alleged 
subsidies provided a countervailable benefit to the producer of the 
subject merchandise.

South Africa

    The South African investigation is extraordinarily complicated 
because a number of the alleged programs are complex or novel. For 
example, the Department must analyze complicated equity financing 
issues, involving extensive and complex financial analysis, as well as 
novel tax issues, including advanced depreciation. In addition, the 
Department is examining whether one of the companies was 
``creditworthy'' when the government provided equity and loans to the 
company (i.e., whether a private investor would have provided the types 
of financing that the government provided) which demands that the 
Department analyze significant amounts of information.

Thailand

    The Thai CVD investigation is extraordinarily complicated because 
of the number and complexity of the

[[Page 8200]]

alleged programs. The Department initiated on 20 programs in this 
investigation, over half of which have never been investigated before. 
The alleged subsidies include the types of programs that are among the 
most complex ever handled by the Department, including government 
direction of credit, debt restructuring, transnational subsidies, and 
the provision of electricity at preferential rates, among others.
    Accordingly, we deem these investigations to be extraordinarily 
complicated and determine, with regard to the third requirement noted 
above, that additional time is necessary to make the preliminary 
determinations. Therefore, pursuant to section 703(c)(1)(B) of the Act, 
we are postponing the preliminary determinations in these 
investigations to no later than March 26, 2001.
    This notice is published pursuant to section 703(c)(2) of the Act.

    Dated: January 18, 2001.
Troy H. Cribb,
Assistant Secretary for Import Administration.
[FR Doc. 01-2516 Filed 1-29-01; 8:45 am]
BILLING CODE 3510-DS-P