[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Notices]
[Pages 61538-61539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29264]
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DEPARTMENT OF COMMERCE
[A-122-804; C-122-805]
New Steel Rail, Except Light Rail, From Canada: Initiation and
Preliminary Results of Changed Circumstances Antidumping Duty and
Countervailing Duty Administrative Reviews, and Intent To Revoke Orders
in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and preliminary results of changed
circumstances antidumping duty and countervailing duty administrative
reviews, and intent to revoke orders in part.
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SUMMARY: In response to a request from Cleveland Track Materials, Inc.,
an interested party in these proceedings in accordance with
Secs. 353.2(k) and 355.2(i) of our regulations, and a railway trackwork
fabricator which imports 100 ARA (Association of American Railroads)--A
steel rail, the Department of Commerce (the Department) is initiating
changed circumstances antidumping duty and countervailing duty
administrative reviews and issuing an intent to revoke in part the
antidumping duty and countervailing duty orders on new steel rail,
except light rail, from Canada, the scope of which currently include
new steel rail at least 60 pounds per yard or heavier. Cleveland Track
Material, Inc. requested that the Department revoke the orders in part
as to imports of new steel rail of 100 pounds per yard (100ARA-A).
Cleveland Track Material, Inc. also requested that this partial
revocation of 100 ARA-A steel rail be retroactive to August 1, 1994.
Bethlehem Steel Corp., petitioners in this case, have submitted a
letter indicating they have no objection to the initiation of these
changed circumstances reviews and no interest in maintaining the
antidumping duty and countervailing duty orders on 100ARA-A steel rail
from Canada. Based on the fact that this portion of these orders is no
longer of interest to domestic parties, we intend to partially revoke
these orders.
EFFECTIVE DATE: November 30, 1995.
FOR FURTHER INFORMATION CONTACT: Roy F. Unger, Jr., Office of
Antidumping Compliance or Robert Copyak, Office of Countervailing
Compliance, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone (202) 482-0651 and (202) 482-2209,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 1989, the Department published the final determination
in the less-than-fair-value (LTFV) investigation (54 FR 31984), which
covered new steel rail 60 pounds per yard and heavier. The Department
published an antidumping duty order on new steel rail, except light
rail, on September 15, 1989 (54 FR 38263). The Department published a
countervailing duty order on new steel rail, except light rail, on
September 22, 1989 (54 FR 39032).
On October 20, 1995, Cleveland Track Material, Inc. requested that
the Department conduct changed circumstances administrative reviews to
determine whether to partially revoke the orders with regard to 100ARA-
A new steel rail. The orders with regard to imports of new steel rail
other than 100ARA-A are not affected by this request. In addition, the
petitioners informed the Department that they have canvassed interested
parties known to them to be actively involved in the production of
100ARA-A steel rail in the United States, and did not find any
opposition to the revocation of the orders with regard to 100ARA-A
steel rail. Furthermore, Cleveland Track Material, Inc. requested that
the partial revocation on 100ARA-A steel rail be effective retroactive
to August 1, 1994.
Scope of Review
The merchandise covered by these changed circumstances reviews are
imports of 100ARA-A new steel rail, except light rail, whether of
carbon, high carbon, alloy or other quality steel, and includes
standard rails, all main line sections, heat-treated or head-hardened
(premium) rails, transit rails, contact rail (or ``third rail'') and
crane rails. This merchandise is currently classified under subheadings
7302.10.1020, 7302.10.1040, 7302.10.5000, and 8548.00.0000 of the
Harmonized Tariff Schedule (HTS). The HTS numbers are provided for
convenience and Customs purposes. The written description of the scope
of these reviews remains dispositive.
These changed circumstances administrative reviews cover all
manufacturers/exporters of 100 ARA-A steel rail, except light rail,
from Canada.
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.
Initiation and Preliminary Results of Changed Circumstances Antidumping
Duty and Countervailing Duty Administrative Reviews, and Intent to
Revoke Orders in Part
Pursuant to section 751(d)(1) and 782(h)(2) of the Act, the
Department may partially revoke an antidumping or countervailing 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 administrative review to be conducted upon
receipt of a request containing sufficient information concerning
changed circumstances.
The Department's regulations at 19 CFR 353.25(d)(2) and
355.25(d)(2) permit the Department to conduct changed circumstances
administrative reviews under section 353.22(f) and 355.22(h),
respectively, based upon an affirmative statement of no interest from
the petitioner in the proceeding. Sections 353.25(d)(1)(i) and
355.25(d)(1)(i) further provide that the Department may revoke an order
or revoke an order in part if it determines that the order under review
is no longer of interest to interested parties. In addition, in the
event that the Department concludes that expedited action is warranted,
sections 353.22(f)(4) and 355.22(h)(4) of the regulations permit the
Department to combine the
[[Page 61539]]
notices of initiation and preliminary results.
Therefore, in accordance with sections 751(d)(1) and 782(h)(2) of
the Act and 19 CFR 353.25(d), 353.22(f), 355.25(d), and 355.22(h) based
on affirmative statements of no interest in the proceedings by
Bethlehem Steel, we are initiating these changed circumstances
administrative reviews. Further, based on the representation made by
the petitioners that other U.S. producers and potential producers of
this merchandise have no interest in the orders regarding 100ARA-A
steel rail, we have determined that expedited action is warranted, and
we have preliminarily determined that the orders regarding 100ARA-A
steel rail no longer are of interest to domestic interested parties.
Because we have concluded that expedited action is warranted, we are
combining these notices of initiation and preliminary results.
Therefore, we are hereby notifying the public of our intent to revoke
in part the antidumping and countervailing duty orders as to imports of
100ARA-A new steel rail from Canada.
In the event that these revocations in part become final, the
effective date of the revocations will be August 1, 1994.
If final revocation in part occurs, we intend to instruct the U.S.
Customs Service (Customs) to liquidate without regard to antidumping or
countervailing duties and to refund any estimated antidumping and
countervailing duties collected for all unliquidated entries of subject
merchandise made on or after the effective date of partial revocation,
in accordance with 19 CFR 353.25(d)(5) and 355.25(d)(5). We will also
instruct Customs to refund interest for entries made on or after August
1, 1994, in accordance with section 778 of the Act. The current
requirement for a cash deposit of estimated antidumping and
countervailing duties will continue until publication of the final
results of these changed circumstances reviews.
Public Comment
Parties to the proceedings may request disclosure within 5 days of
the date of publication of this notice and any interested party may
request a hearing within 10 days of publication. Any hearing, if
requested, will be held no later than 28 days after the date of
publication of this notice, or the first workday thereafter. Case
briefs and/or written comments from interested parties may be submitted
not later than 14 days after the date of publication of this notice.
Rebuttal briefs and rebuttals to written comments, limited to the
issues raised in those comments, may be filed not later than 21 days
after the date of publication of this notice. All written comments
shall be submitted in accordance with 19 CFR 353.31(e) and 355.31(e)
and shall be served on all interested parties on the Department's
service list in accordance with 19 CFR 353.31(g) and 355.31(g). Persons
interested in attending the hearing should contact the Department for
the date and time of the hearing. The Department will publish the final
results of these changed circumstances reviews, including the results
of its analysis of issues raised in any written comments.
This notice is in accordance with sections 751(b)(1) of the Act and
sections 353.22(f), 353.25(d), 355.22(h), and 355.25(d) of the
Department's regulations.
Dated: November 20, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-29264 Filed 11-29-95; 8:45 am]
BILLING CODE 3510-DS-P