[Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)] [Notices] [Pages 11607-11608] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-6864] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-122-804, C-122-805] New Steel Rail, Except Light Rail, From Canada; Final Results of Changed Circumstances Antidumping and Countervailing Duty Administrative Reviews, and Revocation in Part of Antidumping and Countervailing Duty Orders AGENCY: Import Administration, International Trade Administration, Commerce. ACTION: Final results of changed circumstances antidumping and countervailing duty administrative reviews, and revocation in part of antidumping and countervailing duty orders. ----------------------------------------------------------------------- SUMMARY: On September 15, 1989, the Department of Commerce (the Department) published an antidumping duty order on new steel rail, except light rail, from Canada. The Department published a countervailing duty order on new steel rail, except light rail, from Canada on September 22, 1989. On November 30, 1995 the Department simultaneously initiated changed circumstances antidumping and countervailing duty administrative reviews and the preliminary results of these reviews with intent to revoke the orders in part. We are now revoking these orders in part, with regard to 100 ARA-A new steel rail, except light rail, from Canada, because this portion of these orders is no longer of interest to domestic parties. EFFECTIVE DATE: March 21, 1996. 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, NW, Washington, DC 20230; telephone (202) 482-0651 and (202) 482-2209, respectively. SUPPLEMENTARY INFORMATION: Background On September 15, 1989, the Department published an antidumping duty order on new steel rail, except light rail, from Canada (54 FR 38263). The Department published a countervailing duty order on new steel rail, except light rail, from Canada, 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 were not affected by this request. In addition, the petitioners in this case informed the Department that they, as a representative of the U.S. steel rail industry, did not oppose the revocation of the orders with regard to 100ARA-A new steel rail from Canada. We preliminarily determined that petitioner's affirmative statement of no interest constitutes good cause for conducting changed circumstances reviews. Consequently, on November 30, 1995, the Department published a notice of initiation and preliminary results of changed circumstances antidumping and countervailing duty administrative reviews to determine whether to revoke these orders in part (60 FR 61538). We gave interested parties an opportunity to comment on the preliminary results of these changed circumstances reviews. We received no comments. 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 [[Page 11608]] 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. Applicable Statute and Regulations Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (the Act), are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Act by the Uruguay Round Agreements Act. In addition, unless otherwise indicated, all citations to the Department's regulations are to the current regulations, as amended by the interim regulations published in the Federal Register on May 11, 1995 (60 FR 25130). Final Results of Review; Partial Revocation of Antidumping and Countervailing Duty Orders The affirmative statement of no interest by petitioners in this case constitutes changed circumstances sufficient to warrant partial revocation of these orders. Therefore, the Department is partially revoking these orders on new steel rail, except light rail, from Canada, with regard to 100ARA-A new steel rail, except light rail, from Canada in accordance with sections 751 (b) and (d) and 782(h) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 353.25(d)(1) and 355.25(d)(1). Although our preliminary results stated that we would revoke the antidumping duty order in part retroactive to August 1, 1994, the Office of Countervailing Compliance has already liquidated entries for calendar year 1994. In addition, the anniversary month for this antidumping case is September. Therefore, this partial revocation, for antidumping purposes, applies to all entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after September 1, 1994, and, for countervailing duties, all entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after January 1, 1995. The Department will instruct the U.S. Customs Service (Customs) to proceed with liquidation, without regard to antidumping or countervailing duties, of all unliquidated entries of 100ARA-A new steel rail from Canada entered, or withdrawn from warehouse, for consumption on or after September 1, 1994, for antidumping duties and on or after January 1, 1995, for countervailing duties. The Department will further instruct Customs to refund with interest any estimated duties collected with respect to unliquidated entries of 100ARA-A new steel rail from Canada entered, or withdrawn from warehouse, for consumption on or after September 1, 1994, for antidumping duties and on or after January 1, 1995, for countervailing duties, in accordance with section 778 of the Act. This notice also serves as a reminder to parties subject to administrative protection orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 353.34(d) and 355.34(d). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This changed circumstances administrative review, partial revocation of the antidumping and countervailing duty orders, and notice are in accordance with sections 751 (b) and (d) and 782(h) of the Act and sections 353.22(f), 353.25(d), 355.22(h), and 355.25(d) of the Department's regulations. Dated: March 14, 1996. Susan G. Esserman, Assistant Secretary for Import Administration. [FR Doc. 96-6864 Filed 3-20-96; 8:45 am] BILLING CODE 3510-DS-P