[Federal Register: December 31, 2002 (Volume 67, Number 251)]
[Notices]
[Page 79901-79902]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de02-43]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 79901]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-808]
Preliminary Results of Five-Year Sunset Review of Suspended
Antidumping Duty Investigation on Certain Cut-to-Length Carbon Steel
Plate From Ukraine
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of full sunset review: certain
cut-to-length carbon steel plate from Ukraine.
-----------------------------------------------------------------------
SUMMARY: On September 3, 2002, the Department of Commerce (``the
Department'') initiated a sunset review of the suspended antidumping
duty investigation on certain cut-to-length carbon steel plate (``CTL
plate'') from Ukraine (67 FR 56268) pursuant to section 751(c) of the
Tariff Act of 1930, as amended (``the Act''). On the basis of notices
of intent to participate filed on behalf of domestic interested parties
and adequate substantive comments filed on behalf of domestic and
respondent interested parties, the Department is conducting a full
(240-day) review. As a result of this review, the Department
preliminarily finds that termination of the suspended antidumping duty
investigation on CTL plate from Ukraine would likely lead to
continuation or recurrence of dumping at the levels indicated in the
Preliminary Results of Review section of this notice.
EFFECTIVE DATE: December 31, 2002.
FOR FURTHER INFORMATION CONTACT: Shannon M. McCormack or James P.
Maeder, Office of Policy for Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2539 or (202) 482-3330, respectively.
SUPPLEMENTARY INFORMATION:
Scope of Review
The products covered by the sunset review of the suspended
antidumping duty investigation on certain cut-to-length carbon steel
plate from Ukraine include hot-rolled iron and non-alloy steel
universal mill plates (i.e., flat-rolled products rolled on four faces
or in a closed box pass, of a width exceeding 150 mm but not exceeding
1250 mm and of a thickness of not less than 4 mm, not in coils and
without patterns in relief), of rectangular shape, neither clad, plated
nor coated with metal, whether or not painted, varnished, or coated
with plastics or other nonmetallic substances; and certain iron and
non-alloy steel flat-rolled products not in coils, of rectangular
shape, hot-rolled, neither clad, plated, nor coated with metal, whether
or not painted, varnished, or coated with plastics or other nonmetallic
substances, 4.75 mm or more in thickness and of a width which exceeds
150 mm and measures at least twice the thickness. Included as subject
merchandise in this review are flat-rolled products of nonrectangular
cross-section where such cross-section is achieved subsequent to the
rolling process (i.e., products which have been ``worked after
rolling'') for example, products which have been beveled or rounded at
the edges. This merchandise is currently classified in the Harmonized
Tariff Schedule of the United States (``HTS'') under item numbers
7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060,
7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000,
7212.40.5000, 7212.50.0000. Although the HTS subheadings are provided
for convenience and customs purposes, the written description of the
scope of this sunset review is dispositive. Specifically excluded from
subject merchandise within the scope of this sunset review is grade X-
70 steel plate.
History of Suspension Agreement
On December 3, 1996, the Department initiated an antidumping duty
investigation under section 732 of the Tariff Act of 1930 (``the Act'')
on certain cut-to-length carbon steel plate (``CTL plate'') from
Ukraine. See Initiation of Antidumping Duty Investigations: Certain
Cut-To-Length Carbon Steel Plate from the People's Republic of China,
Ukraine, the Russian Federation, and the Republic of South Africa, 61
FR 64051 (December 3, 1996). On June 11, 1997, the Department
preliminarily determined that CTL plate from Ukraine was being, or was
likely to be, sold in the U.S. at less than fair value. See Preliminary
Determination of Sales at Less Than Fair Value; Certain Cut-to-Length
Carbon Steel Plate from Ukraine, 62 FR 31958 (Wednesday, June 11,
1997).
The Department suspended the antidumping duty investigation on
October 24, 1997, on the basis of an agreement by the Government of
Ukraine to restrict the volume of direct and indirect exports of CTL
plate to the U.S. in order to prevent the suppression or undercutting
of price levels of U.S. domestic like products. See Suspension of
Antidumping Duty Investigation: Certain Cut-to-Length Carbon Steel
Plate From Ukraine, 62 FR 61766 (October 24, 1997). Thereafter, the
Department completed its investigation and published in the Federal
Register its final determination of sales at less than fair market
value. In the final determination, the Department calculated weighted-
average dumping margins of 81.43 percent for JSC Azovstal Iron & Steel
Works (``Azovstal''), 155.00 percent for JSC Ilyich Iron & Steel Works
(``Ilyich''), and 237.91 for ``all other'' Ukrainian manufacturers,
producers, and exporters of the subject merchandise. See Notice of
Final Determination of Sales at Less Than Fair Value: Certain Cut-to-
Length Carbon Steel Plate From Ukraine, 62 FR 61754 (November 19,
1997). The Suspension Agreement (``Agreement'') remains in effect for
all manufacturers, producers, and exporters of CTL plate from Ukraine.
Background
On September 3, 2002, the Department initiated a sunset review of
the suspended antidumping duty investigation on CTL plate from Ukraine,
pursuant to section 751(c) of the Act. See Notice of Initiation of
Five-Year (``Sunset'') Reviews, 61 FR 64051 (September 3, 2002). The
Department received Notices of Intent to Participate
[[Page 79902]]
on behalf of Bethlehem Steel Corporation (``Bethlehem''), United States
Steel Corporation (``U.S. Steel''), IPSCO Steel Inc. (``IPSCO''), and
Nucor Corporation (``Nucor'') (collectively, ``domestic interested
parties''), within the applicable deadline specified in section
351.218(d)(1)(i) of the Sunset Regulations. See Notices of Intent to
Participate for IPSCO and Nucor (September 16, 2002) and Bethlehem and
U.S. Steel (September 18, 2002). Domestic interested parties claimed
interested-party status under section 771(9)(C) of the Act. Id. at 2.
In addition, domestic interested parties assert that they are not
related to a foreign producer/exporter and are not importers, or
related to importers, of the subject merchandise. Id.
The Department received a complete substantive responses from the
domestic interested parties within the 30-day deadline specified in the
Sunset Regulations under section 351.218(d)(3)(i). See Substantive
Responses for IPSCO and Nucor (October 2, 2002) and Bethlehem and U.S.
Steel (October 3, 2002). On October 3, 2002, the Department received a
complete substantive response from respondent interested parties
Azovstal and Ilyich (collectively, ``respondent interested parties'').
See Substantive Response for Azovstal and Ilyich (October 3, 2002).
Respondent interested parties assert that they participated fully in
the original investigation and have exported CTL plate from Ukraine in
accordance with the terms and conditions of the Agreement. Id. at 4.
Respondent interested parties claimed interested-party status under
section 771(9)(A) of the Act as foreign manufacturers, producers, and
exporters of CTL plate from Ukraine. Id. at 2. Lastly, domestic
interested parties filed rebuttal responses to respondent interested
parties' substantive response on October 8, 2002. See Rebuttal
Responses from Domestic Interested Parties (October 8, 2002).
In a sunset review, the Department normally will conclude that
there is adequate response to conduct a full sunset review where
respondent interested parties account for more than 50 percent, by
volume, of total exports of subject merchandise to the United States.
See 19 CFR 351.218(e)(1)(ii)(A) (63 FR 13516 (March 20, 1998)). After
examining the respondent interested parties' total exports of the
subject merchandise, on October 23, 2002, the Department determined
that the respondent interested parties accounted for more than 50
percent total production of the domestic like product. See Letter from
Jeffrey A. May, Director, Office of Policy, Import Administration, to
Lynn Featherstone, Director, Office of Investigations, International
Trade Commission (October 23, 2002). Because the response of the
respondent interested parties constituted an adequate response to the
notice of initiation, the Department is conducting a full (240-day)
sunset review in accordance with section 751(c)(3)(B) of the Act, and
19 CFR 351.218(e)(1)(i) and will issue final results of review not
later than May 1, 2003.
Analysis of Comments Received
All issues raised by parties to this sunset review are addressed in
the Issues and Decision Memorandum (``Decision Memorandum'') from
Jeffrey A. May, Director, Office of Policy, Import Administration, to
Faryar Shirzad, Assistant Secretary, Import Administration, dated
December 23, 2002, which is adopted by this notice. The issues
discussed in the Decision Memorandum include the likelihood of
continuation or recurrence of dumping and the magnitude of the margins
likely to prevail were the suspended antidumping duty investigation to
be terminated. Parties may find a complete discussion of all issues
raised in this review and the corresponding recommendations in this
public memorandum which is on file in the Central Records Unit, room B-
099, of the main Commerce building. In addition, a complete version of
the Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn
, under the heading ``December 2002.'' The paper copy
and electronic version of the Decision Memorandum are identical in
content.
Preliminary Results of Review
We preliminarily determine that termination of the suspended
antidumping duty investigation on CTL plate from Ukraine would likely
lead to a continuation or recurrence of dumping at the following
percentage weighted-average margins:
------------------------------------------------------------------------
Weighted-
Manufacturer/producer/ exporter average margin
percentage
------------------------------------------------------------------------
Azovstal................................................ 81.43
Ilyich.................................................. 155.00
Ukraine-wide............................................ 237.91
------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice in accordance with 19 CFR 351.310(c).
Interested parties may submit case briefs no later than February 10,
2003, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal briefs,
which must be limited to issues raised in the case briefs, may be filed
not later than February 17, 2003. Any hearing, if requested, will be
held on February 19, 2003, in accordance with 19 CFR 351.310(d). The
Department will issue a notice of final results of this sunset review,
which will include the results of its analysis of issues raised in any
such comments, no later than May 1, 2003.
This sunset review and notice are in accordance with sections
751(c), 752, and 777(i)(1) of the Act.
Dated: December 23, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-33010 Filed 12-30-02; 8:45 am]