[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]



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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.

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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