[Federal Register: January 10, 2003 (Volume 68, Number 7)]
[Notices]
[Page 1436-1438]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja03-25]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-847]
Notice of Initiation and Preliminary Results of Changed
Circumstances Antidumping Duty Administrative Review, and Intent to
Revoke Order in Part: Certain Cut-To-Length Carbon-Quality Steel Plate
Products from Japan
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 accordance with section 751(b) of the Tariff Act of 1930,
as amended (the Act), and section 351.216(b) of the Department of
Commerce's (the Department's) regulations, NKK Corporation (NKK) and
Mitsubishi International Steel, Inc. (MISI) filed a request for a
changed circumstances review of the antidumping duty order on certain
cut-to-length carbon-quality steel plate products (CTL plate) from
Japan. Specifically, NKK and MISI request that the Department revoke
the antidumping duty order with respect to two abrasion-resistant steel
products produced by NKK that are described below. The domestic
industry has affirmatively expressed no interest in the continuation of
the order with respect to these products. In response to the request,
the Department is initiating a changed circumstances review and issuing
a notice of intent to revoke, in part, the antidumping duty order on
CTL plate from Japan. Interested parties are invited to comment on
these preliminary results.
EFFECTIVE DATE: January 10, 2003.
FOR FURTHER INFORMATION CONTACT: Jack K. Dulberger or Mark Manning, AD/
CVD Enforcement, Group II, Office 4, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202) 482-5505 and (202) 482-5253, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 27, 2002, NKK and MISI requested that the Department
revoke the antidumping duty order on CTL plate from Japan with respect
to two abrasion-resistant steel products produced by NKK: ``NK-EH-360
(NK Everhard 360)'' and ``NK-EH-500 (NK Everhard 500).'' See NKK's and
MISI's letter to the Secretary, dated November 27, 2002 (Changed
Circumstances Review Request). Specifically, NKK and MISI request that
the Department revoke the order with respect to imports meeting the
following detailed product descriptions: (1) NK-EH-360: a) Physical
Properties: thickness ranging from 6-50 mm, Brinell Hardness: 361 min.;
b) Heat Treatment: controlled heat treatment; and c) Chemical
Composition (percent weight): C: 0.20 max., Si: 0.55 max., Mn: 1.60
max., P: 0.030 max., S: 0.030 max.,
[[Page 1437]]
Cr: 0.40 max., Ti: 0.005-0.020, B: 0.004 max; and (2) NK-EH-500: a)
Physical Properties: thickness ranging from 6-50 mm, Brinell Hardness:
477 min.; b) Heat Treatment: controlled heat treatment; and c) Chemical
Composition (percent weight): C: 0.35 max., Si: 0.55 max., Mn: 1.60
max., P: 0.030 max., S: 0.030 max., Cr: 0.80 max., Ti: 0.005-0.020, B:
0.004 max. See Changed Circumstances Review Request at 2. The order
with regard to imports of other CTL plate from Japan is not affected by
this request.
On December 17 and 18, 2002, Bethlehem Steel Corporation, IPSCO
Steel Inc., Nucor Corporation, and United States Steel Corporation,
producers of the domestic like product and, with the exception of Nucor
Corporation, petitioners in the antidumping duty investigation of CTL
plate from Japan, stated that they do not object to the exclusion of
these two NKK products from the scope of the order. See Memorandum to
the File from Jack Dulberger, dated December 19, 2002, which is on file
in Import Administration's Central Records Unit, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Room B-099,
Washington, DC 20230.
Scope of the Order
The products covered by this antidumping duty order are certain
hot-rolled carbon-quality steel: (1) 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 nominal or
actual thickness of not less than 4 mm, which are cut-to-length (not in
coils) and without patterns in relief), of iron or non-alloy-quality
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual
thickness of 4.75 mm or more and of a width which exceeds 150 mm and
measures at least twice the thickness, and which are cut-to-length (not
in coils). Steel products to be included in the scope of the order are
of rectangular, square, circular or other shape and of rectangular or
non-rectangular cross-section where such non-rectangular 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. Steel products that meet the
noted physical characteristics that are painted, varnished or coated
with plastic or other non-metallic substances are included within this
scope. Also, specifically included in the scope of the order are high
strength, low alloy (HSLA) steels. HSLA steels are recognized as steels
with micro-alloying levels of elements such as chromium, copper,
niobium, titanium, vanadium, and molybdenum. Steel products to be
included in this scope, regardless of Harmonized Tariff Schedule of the
United States (HTSUS) definitions, are products in which: (1) Iron
predominates, by weight, over each of the other contained elements, (2)
the carbon content is two percent or less, by weight, and (3) none of
the elements listed below is equal to or exceeds the quantity, by
weight, respectively indicated: 1.80 percent of manganese, or 1.50
percent of silicon, or 1.00 percent of copper, or 0.50 percent of
aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or
0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent
zirconium. All products that meet the written physical description, and
in which the chemistry quantities do not equal or exceed any one of the
levels listed above, are within the scope of the order unless otherwise
specifically excluded. The following products are specifically excluded
from the order: (1) Products clad, plated, or coated with metal,
whether or not painted, varnished or coated with plastic or other non-
metallic substances; (2) SAE grades (formerly AISI grades) of series
2300 and above; (3) products made to ASTM A710 and A736 or their
proprietary equivalents; (4) abrasion-resistant steels (i.e., USS AR
400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S,
A517 grade S, or their proprietary equivalents; (6) ball bearing
steels; (7) tool steels; and (8) silicon manganese steel or silicon
electric steel.
The merchandise subject to the order is classified in the HTSUS
under subheadings: 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, 7225.40.3050,
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000,
7226.91.8000, 7226.99.0000. Although the HTSUS subheadings are provided
for convenience and Customs purposes, the written description of the
merchandise covered by the order is dispositive.
Initiation and Preliminary Results of Changed Circumstances Antidumping
Duty Administrative Review, and Intent to Revoke, in Part
Section 751(d)(1) of the Act and section 351.222 (g) of the
Department's regulations provide that the Department may revoke an
antidumping or countervailing duty order, in whole or in part, after
conducting a changed circumstances review and concluding from the
available information that changed circumstances sufficient to warrant
revocation or termination exist. The Department may conclude that
changed circumstances sufficient to warrant revocation (in whole or in
part) exist when producers accounting for substantially all of the
production of the domestic like product to which the order pertains
have expressed a lack of interest in the order, in whole or in part.
See section 782(h) of the Act and section 351.222 (g)(1) of the
Department's regulations. Based on affirmative statements by domestic
producers of the like product, Bethlehem Steel Corporation, IPSCO Steel
Inc., Nucor Corporation, and United States Steel Corporation, no
interest exists in continuing the order with respect to the abrasion-
resistant steel products (i.e., NK-EH-360 and NK-EH-500) that meet the
specifications listed above in the ``Background'' section of this
notice.
Therefore, we are hereby notifying the public of our intent to
revoke, in part, the antidumping duty order on CTL plate from Japan
with respect to imports of two abrasion-resistant steel products (i.e.,
NK-EH-360 and NK-EH-500) that meet the above-mentioned specifications.
We intend to modify the scope of the order on CTL plate from Japan to
read as follows:
The products covered by this antidumping duty order are certain
hot-rolled carbon-quality steel: (1) 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 nominal or
actual thickness of not less than 4 mm, which are cut-to-length (not in
coils) and without patterns in relief), of iron or non-alloy-quality
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual
thickness of 4.75 mm or more and of a width which exceeds 150 mm and
measures at least twice the thickness, and which are cut-to-length (not
in coils). Steel products to be included in the scope of these orders
are of rectangular, square, circular or other shape and of rectangular
or non-rectangular cross-section where such non-rectangular cross-
section is
[[Page 1438]]
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. Steel products that meet the noted
physical characteristics that are painted, varnished or coated with
plastic or other non-metallic substances are included within this
scope. Also, specifically included in the scope of these orders are
high strength, low alloy (HSLA) steels. HSLA steels are recognized as
steels with micro-alloying levels of elements such as chromium, copper,
niobium, titanium, vanadium, and molybdenum. Steel products to be
included in this scope, regardless of Harmonized Tariff Schedule of the
United States (HTSUS) definitions, are products in which: (1) Iron
predominates, by weight, over each of the other contained elements, (2)
the carbon content is two percent or less, by weight, and (3) none of
the elements listed below is equal to or exceeds the quantity, by
weight, respectively indicated: 1.80 percent of manganese, or 1.50
percent of silicon, or 1.00 percent of copper, or 0.50 percent of
aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or
0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent
zirconium. All products that meet the written physical description, and
in which the chemistry quantities do not equal or exceed any one of the
levels listed above, are within the scope of these orders unless
otherwise specifically excluded. The following products are
specifically excluded from these orders: (1) Products clad, plated, or
coated with metal, whether or not painted, varnished or coated with
plastic or other non-metallic substances; (2) SAE grades (formerly AISI
grades) of series 2300 and above; (3) products made to ASTM A710 and
A736 or their proprietary equivalents; (4) abrasion-resistant steels
(i.e., USS AR 400, USS AR 500, NK-EH-360 (NK Everhard 360), NK-EH-500
(NK Everhard 500)). (NK-EH-360 has the following specifications: a)
Physical Properties: thickness ranging from 6-50 mm, Brinell Hardness:
361 min.; b) Heat Treatment: controlled heat treatment; and c) Chemical
Composition (percent weight): C: 0.20 max., Si: 0.55 max., Mn: 1.60
max., P: 0.030 max., S: 0.030 max., Cr: 0.40 max., Ti: 0.005-0.020, B:
0.004 max. NK-EH-500 has the following specifications: a) Physical
Properties: thickness ranging from 6-50 mm, Brinell Hardness: 477 min.;
b) Heat Treatment: controlled heat treatment; and c) Chemical
Composition (percent weight): C: 0.35 max., Si: 0.55 max., Mn: 1.60
max., P: 0.030 max., S: 0.030 max., Cr: 0.80 max., Ti: 0.005-0.020, B:
0.004 max); (5) products made to ASTM A202, A225, A514 grade S, A517
grade S, or their proprietary equivalents; (6) ball bearing steels; (7)
tool steels; and (8) silicon manganese steel or silicon electric steel.
The merchandise subject to these orders is classified in the HTSUS
under subheadings: 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, 7225.40.3050,
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000,
7226.91.8000, 7226.99.0000. Although the HTSUS subheadings are provided
for convenience and Customs purposes, the written description of the
merchandise covered by these orders is dispositive.
Furthermore, pursuant to section 351.221(c)(3)(ii) of the
Department's regulations, because domestic producers have expressed a
lack of interest, we determine that expedited action is warranted and
have combined in this notice the notices of initiation and preliminary
results.
If the final partial revocation occurs, we intend to instruct the
U.S. Customs Service (Customs) to liquidate without regard to
applicable antidumping duties, and refund any estimated antidumping
duties collected on, all unliquidated entries of the two abrasion-
resistant steel products (i.e., NK-EH-360 and NK-EH-500) that meet the
above-noted specifications entered, or withdrawn from warehouse, for
consumption on or after February 1, 2002. We will also instruct Customs
to pay interest on such refunds with respect to the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after
February 1, 2002, in accordance with section 778 of the Act. The
current requirement for a cash deposit of estimated antidumping duties
on the two abrasion-resistant steel products (i.e., NK-EH-360 and NK-
EH-500), and meeting the above-noted specifications, will continue
unless, and until, we publish a final determination to revoke in part.
Public Comment
Interested parties are invited to comment on these preliminary
results. Parties who submit argument in this proceeding are requested
to submit with the argument (1) a statement of the issue, and (2) a
brief summary of the argument. Also, interested parties may request a
hearing within 10 days of publication of this notice. Any hearing, if
requested, will be held no later than two days after the deadline for
the submission of rebuttal briefs, or the first workday thereafter.
Case briefs and/or written comments may be submitted by interested
parties not later than 14 days after the date of publication of this
notice. Pursuant to section 351.309(d)(1) of the Department's
regulations, rebuttal briefs and rebuttals to written comments, limited
to the issues raised in those comments, may be filed not later than
five days after the deadline for submission of case briefs. All written
comments shall be submitted in accordance with section 351.303 of the
Department's regulations and shall be served on all interested parties
on the Department's service list. Persons interested in attending the
hearing should contact the Department for the date and time of the
hearing. The Department will issue the final results of this review
within the time limits established in section 351.216 (e) of its
regulations.
This notice is published in accordance with section 751(b)(1) of
the Act and sections 351.216 and 351.222 of the Department's
regulations.
Dated: January 3, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-524 Filed 1-9-03; 8:45 am]