[Federal Register: May 7, 2003 (Volume 68, Number 88)]
[Notices]
[Page 24434-24435]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my03-48]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-808]
Final 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 Final Results of Full Sunset Review: Certain Cut-to-
Length Carbon Steel Plate from Ukraine.
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SUMMARY: On December 31, 2002, the Department of Commerce (``the
Department'') published a notice of preliminary results of the full
sunset review of the suspended antidumping duty investigation on
certain cut-to-length carbon plate steel (``CTL plate'') from Ukraine
(67 FR 79901), in accordance with section 751(c) of the Tariff Act of
1930, as amended (``the Act''). We provided interested parties an
opportunity to comment on our preliminary results. We received a case
brief from the Embassy of Ukraine (``the Embassy''). In addition, we
received a rebuttal brief from domestic interested parties Bethlehem
Steel Corporation and United States Steel Corporation. As a result of
this review, the Department 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 Final Results of Review section of this notice.
EFFECTIVE DATE: May 7, 2003.
FOR FURTHER INFORMATION CONTACT: Shannon M. McCormack or James P.
Maeder, Jr., 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:
Statute and Regulations:
This review is being conducted pursuant to sections 751(c) and 752
of the Act. The Department's procedures for the conduct of sunset
reviews are set forth in Procedures for Conducting Five-year
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63
FR 13516 (March 20, 1998) (``Sunset Regulations'') and in 19 CFR Part
351 (2000) in general. Guidance on methodological or analytical issues
relevant to the Department's conduct of sunset reviews is set forth in
the Department's Policy Bulletin 98.3 Policies Regarding the Conduct of
Five-year (``\Sunset'') Reviews of Antidumping and Countervailing Duty
Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy
Bulletin'').
Background:
In our preliminary results, published on December 31, 2002 (67 FR
79901), we found that the termination of the suspended antidumping duty
investigation on CTL plate from Ukraine would be likely to lead to
continuation or recurrence of dumping, at margins determined in the
final determination of the original investigation.
On February 10, 2003, the Department received a case brief from the
Embassy of Ukraine. See Case Brief from the Embassy of Ukraine, Trade
and
[[Page 24435]]
Economic Mission (February 10, 2003). On February 14, 2003, we received
a rebuttal brief from domestic interested parties Bethlehem Steel
Corporation and United States Steel Corporation. See Rebuttal Brief
from Bethlehem Steel Corporation and United States Steel Corporation
(February 14, 2003).
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.
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
Joseph A. Spetrini, Acting Assistant Secretary, Import Administration,
dated May 1, 2003, which is hereby 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 Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn
, under the heading ``May 2003.'' The paper copy and
electronic version of the Decision Memorandum are identical in content.
Final Results of Review:
We 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-average margin
Manufacturer/producer/exporter [chyph]percentage
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Azovstal.................................. 81.43
Ilyich.................................... 155.00
Ukraine-wide.............................. 237.91
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This sunset review and notice are in accordance with sections
751(c), 752, and 777(i)(1) of the Act.
Dated: May 1, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-11355 Filed 5-6-03; 8:45 am]
BILLING CODE 3510-DS-S