[Federal Register Volume 64, Number 38 (Friday, February 26, 1999)]
[Notices]
[Pages 9892-9899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4975]



[[Page 9891]]

_______________________________________________________________________

Part VI





Department of Commerce





_______________________________________________________________________



International Trade Administration



_______________________________________________________________________



Proposed Agreement Concerning Trade in Certain Steel Products From the 
Russian Federation; Notice

  Federal Register / Vol. 64, No. 38 / Friday, February 26, 1999 / 
Notices  

[[Page 9892]]



DEPARTMENT OF COMMERCE

International Trade Administration


Proposed Agreement Concerning Trade in Certain Steel Products 
From the Russian Federation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of proposed agreement.

-----------------------------------------------------------------------

SUMMARY: The United States has initialed a proposed Agreement regarding 
imports of certain steel products from the Russian Federation to the 
United States. A Notice of Public Hearing regarding the possible 
imposition of import restrictions consistent with this proposed 
Agreement was published on February 23, 1999 (64 FR 9049).

FOR FURTHER INFORMATION CONTACT: Edward Yang, Director Office IX, AD/
CVD Enforcement Group III, Import Administration, International Trade 
Administration, Department of Commerce, at (202) 482-0406.

SUPPLEMENTARY INFORMATION: On June 1, 1990, pursuant to Title IV of the 
Trade Act of 1974 (the Trade Act), the Governments of the United States 
of America and the Union of Soviet Socialist Republics entered into the 
Agreement on Trade Relations Between the United States of America and 
the Union of Soviet Socialist Republics. On June 17, 1992, that 
agreement (the 1992 Agreement) became effective between the United 
States and the Russian Federation. Article XI of the 1992 Agreement 
provides that the Parties will consult with a view toward finding means 
of remedying or preventing actual or threatened market disruption, and 
it authorizes the Parties to take action, including the imposition of 
import restrictions, to achieve this goal.
    In February 1999, the United States Department of Commerce and the 
Ministry of Trade of the Russian Federation entered into negotiations 
and consultations pursuant to Article XI of the Agreement on Trade 
Between the United States of America and the Russian Federation. The 
Parties mutually agree that the conditions of Article XI have been met 
with respect to U.S. imports of certain steel products from Russia.
    In the initialed Agreement, Russia would establish export limits 
and the United States would establish import restrictions on Russian 
exports to the United States of the following 16 steel products:

1. Certain Cold-Rolled Carbon Steel Quality Products
2. Semifinished Steel Products
3. Galvanized Sheet Products
4. Other Metallic Coated Flat Rolled Products
5. Certain Tin Mill Products
6. Electrical Sheet Products
7. Heavy Structural Shapes
8. Rails
9. Hot-Rolled Bars
10. Cold Finished Bars
11. Pipe and Tube Products
12. Wire Rod Products
13. Tool Steel
14. Drawn Wire Products
15. Hot-Rolled Stainless and Alloy Sheet, Strip, and Plate
16. Pig Iron

    Each category of steel would have a separate export limit. In 
addition to the issuance of export licenses by the Ministry of Trade of 
the Russian Federation, and consistent with the requests of the Russian 
officials, the United States would establish a border enforcement 
mechanism to ensure compliance with the export limits. The border 
mechanism will be in the form of denial of entry for any shipment of 
steel, covered by the categories listed above, which exceeds the limits 
or lacks the required documents.
    On February 23, 1999, the Department published in the Federal 
Register (64 FR 9049) a Notice of Public Hearing pursuant to section 
125(f) of the Trade Act of 1974 (19 U.S.C. 2135 (f)). The purpose of 
that hearing will be to provide interested parties with an opportunity 
to present their views on the United States' proposed imposition of 
import restrictions, consistent with its rights under the 1992 
Agreement and with the mechanisms contemplated in the initialed 
Agreement.
    The Department is hereby publishing as Annex I to this notice the 
Proposed Agreement Concerning Trade in Certain Steel Products From the 
Russian Federation. For convenience, the Department has also posted 
this initialed Agreement on its Import Administration website (http://
www.ita.doc.gov/import____admin/records).

    Dated: February 24, 1999.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.

Agreement Concerning Trade in Certain Steel Products From the Russian 
Federation

    Initialed: February 22, 1999.
    For the purpose of encouraging free and fair trade in Certain 
Steel Products (as defined in this Agreement) to establish more 
normal market relations, and to allow continued market access;
    Considering the principles and provisions of the Agreement on 
Trade Relations Between the United States of America and the Russian 
Federation (``Russia''), which was signed on June 1, 1990, (the 
``1990 Agreement'');
    Desiring to provide for the application of Article XI of the 
1990 Agreement to exports from Russia to the United States of 
Certain Steel Products in a mutually agreed manner;
    In pursuance of the Parties' rights and obligations contained in 
the 1992 Agreement;
    The United States, by the U.S. Department of Commerce (``DOC''), 
and the Russian Federation, by the Ministry of Trade of the Russian 
Federation (``MOT'') agree as follows:

I. Definitions

    For purposes of this Agreement, the following definitions apply.
    A. ``Apparent U.S. Domestic Consumption'' means apparent U.S. 
domestic consumption determined using statistics of the U.S. Census 
Bureau regarding imports and exports, and data from the American 
Iron & Steel Institute regarding domestic shipments, based on the 
methodology described in Appendix D of this Agreement.
    B. ``Certain Steel Products'' means the following products, 
described in detail in Appendix A and not subject to antidumping 
suspension agreements.

Cold-Rolled Steel Products
Semifinished Steel Products
Galvanized Sheet Products
Other Metallic Coated Flat-Rolled Products
Certain Tin Mill Products
Electrical Sheet Products
Heavy Structural Shapes
Rails
Hot-Rolled Bars
Cold-Finished Bars
Pipe and Tube Products
Wire Rod Products
Tool Steel
Hot-Rolled Steel Stainless and Alloy Products
Drawn Wire Products
Pig Iron

    C. ``Date of Export'' of entries of Certain Steel Products to 
the United States shall be the date on which MOT issued the Export 
License.
    D. ``Date of Sale'' means the date on which price and quantity 
become firm, e.g., the date the contract is signed or the 
specification date if the price and quantity become firm on that 
date, as reflected in Russian producers' records kept in the 
ordinary course of business.
    E. ``Effective Date'' of this Agreement means Signature Date.
    F. ``Export License'' is the document issued by MOT which serves 
as both an export limit certificate and a certificate of origin. 
Temporary documents issued by MOT during the first 120 days after 
the Effective Date in the form of mill certificates with official 
MOT stamps and signatures shall constitute Export Licenses for the 
purposes of this Agreement.
    G. ``Export Limit Period'' means one of the following periods:
    First Export Limit Period--The First Export Limit Period begins 
on February 22, 1999 and ends on December 31, 1999, and the Export 
Limit for the first period will be pro-rated

[[Page 9893]]

from the annual limits provided for each product category in II.B.1.
    Subsequent Export Limit Periods--Each subsequent year, the first 
of which will begin on January 1, 2000 and end on December 31, 2000
    H. ``Indirect Exports'' means exports of Certain Steel Products 
from Russia to the United States through one or more third 
countries, including Certain Steel Products that are subject to 
minor processing in such third countries.
    I. ``Minor processing'' means processing that does not result in 
a substantial transformation or a change in the country of origin of 
the product that is processed. What constitutes minor processing may 
vary by product. An illustrative list follows:
    Flat-Rolled Products: painting; slitting; beveling/edge 
finishing; pickling and oiling; annealing/heat treating; surface 
finishing; temper rolling/temper leveling.
    Pipe and Tube Products: end finish: drawing: galvanizing.
    Semifinished Products: milling; scarfing; grinding.
    Rails: cutting; heat treating; controlled cooling.
    Structural Products: cutting to length; end milling; drilling; 
punching.
    Wire Rod: chemical cleaning; mechanical descaling.
    Hot-Rolled Bars: pickling; oiling; phosphating.
    Pipes: end finishing (i.e., threading and coupling); 
galvanizing; painting; cold working.
    Tool Steel: since based on chemistry and covers products in a 
variety of forms (e.g., flat-rolled sheet, bars, rods, etc.), no 
processing other than making the product into a specific article 
classified outside of Chapter 72 of the HTS would result in non-
inclusion.
    Drawn Wire: coating (e.g., aluminum); cladding (e.g., copper); 
annealing.
    Cold-Finished Bars: annealing; grinding.
    J. ``United States'' means the customs territory of the United 
States of America (the 50 States, the District of Columbia, and 
Puerto Rico) and foreign trade zones located within the territory of 
the United States.
    K. ``U.S. purchaser'' means the first purchaser in the United 
States that is not affiliated with the Russian exporter, and all 
subsequent purchasers, from trading companies to consumers.

II. Market Disruption

    A. Actual and prospective imports of Certain Steel Products from 
Russia are threatening to cause or significantly contribute to 
market disruption in the United States, so as to be a significant 
cause of threat of material injury to the United States domestic 
industry within the meaning of Article XI of the 1990 Agreement.
    B. In order to remedy this threat of market disruption, MOT 
shall ensure that direct and indirect exports of Certain Steel 
Products from Russia to the United States do not exceed the 
following export limits.
    1. The export limits for the first Export Limit Period are as 
follows:

------------------------------------------------------------------------
                                                           Quantity  (in
                         Product                           metric tons)
------------------------------------------------------------------------
Cold-Rolled Steel Products..............................         520,000
Semifinished Steel Products.............................         385,000
Galvanized Sheet Products (of which, 60,000 hot-dipped            65,000
 5,000 electrogalvanized)...............................
Other Metallic Coated Flat-Rolled Products..............           1,552
Certain Tin Mill Products...............................           5,000
Electrical Sheet Products...............................          14,337
Heavy Structural Shapes.................................          65,000
Rails...................................................           2,350
Hot-Rolled Bars (hot-rolled bars, reinforcing bars,               20,000
 light shapes)..........................................
Cold-Finished Bars......................................          11,349
Pipe and Tube Products..................................           3,000
Wire Rod Products.......................................          15,000
Tool Steel..............................................             800
Hot-Rolled Steel Stainless and Alloy Products...........           1,000
Drawn Wire Products.....................................             250
Pig Iron................................................         575,000
------------------------------------------------------------------------

    These annual export limits shall be pro-rated for that 
proportion of 1999 remaining on the Date of initialing, February 22, 
1999.
    2. The export limit for each Subsequent Export Limit Period 
shall be determined by making the following adjustments:
    (a) first, the export limit for the previous Export Limit 
Period, shall be increased by three per cent of that export limit;
    (b) second, the number obtained under paragraph (a) shall be 
increased or decreased by the result of multiplying the export limit 
for the previous Export Limit Period by the percent change (up to 
three percent) in Apparent U.S. Domestic Consumption of Certain 
Steel Products during the most recent 12 months for which data is 
available at the time the Department of Commerce (``DOC'') makes 
this calculation, compared to the previous 12 months (as described 
in Appendix D).
    3. DOC shall determine export limits for each Subsequent Export 
Limit Period no later than 60 days prior to the beginning of that 
Export limit Period. DOC will provide MOT with the worksheets 
supporting its Export Limit calculation.
    C. When Certain Steel Products are imported into the United 
States and are subsequently re-exported, or re-packaged and re-
exported, or further processed and re-exported (provided that they 
remain within the scope of the same product category covered by this 
Agreement), the amount re-exported shall be deducted from the amount 
of exports that have been counted against the export limit for the 
Export Limit Period in which the re-export takes place. The 
deduction will be applied only after DOC has received, and has had 
the opportunity to verify, evidence demonstrating the original 
importation, any repackaging or further processing, and subsequent 
exportation.
    D. MOT will not issue Export Licenses authorizing the 
exportation to the United States of Certain Steel Products covered 
by this Agreement in any half of any Export Limit Period that exceed 
60 percent of the export limit for that Export Limit Period.
    E. Notwithstanding any other provision of this Agreement, up to 
15 per cent of the export limit for any Certain Steel Product in any 
Export Limit Period may be ``carried over'' to the Subsequent Export 
Limit Period and up to 15 per cent of the export limit for any 
Certain Steel Product for any Export Limit Period may be ``carried 
back'' to the last 60 days of the previous Export Limit Period.

III. Implementation

    A. In order to remedy the threat of market disruption described 
in Section II.A, and acting in pursuance of it rights under the 1990 
Agreement, MOT shall issue an original stamped Export License 
1 for each entry into the United States of Certain Steel 
Products covered by this Agreement. Export Licenses shall contain, 
for each grade of Certain Steel Products covered by the license, the 
quantity in metric tons, dimensions (gauge, width, and length (for 
products bound in coils, length where appropriate)) unit price, and 
F.O.B. sales value. If necessary, additional information may be 
included on the Export License or a separate page attached to the 
Export License.
---------------------------------------------------------------------------

    \1\ The validity of an Export License will not be affected by a 
subsequent change of HTS number.
---------------------------------------------------------------------------

    B. The U.S. Customs Service will be directed to deny entry to 
any imports of Certain Steel Products from Russia in excess of the 
export limits in this Agreement, or which otherwise fail to comply 
with the requirements of this Agreement (e.g., imports of Certain 
Steel Products unaccompanied by an Export License). The Customs 
Service shall require the presentation of an original stamped Export 
License as a condition for entry into the United States of Certain 
Steel Products covered by this Agreement, except where there are 
multiple shipments under a single license. For multiple shipments at 
multiple ports, the original license shall be presented at each port 
and deductions made upon that original license for individual 
entries at each Port. For multiple entries at one port, the original 
license will be presented and deductions made for the first entry 
drawn from that license. Subsequent entries at that port can be made 
from copies of the original license which reflect all of the 
deductions made from the original license.
    C. DOC will monitor the levels of imports of Certain Steel 
Products from Russia and deduct the quantity listed on each Export 
License from the export limit for the Export Limit Period in which 
the Date of Export falls, except as provided in Paragraph II.E.
    D. MOT will ensure compliance with all of the provisions of this 
Agreement. In order to ensure such compliance, MOT will take at 
least the following measures:
    1. Ensure that no Certain Steel Products subject to this 
Agreement are exported directly or indirectly from Russia to the 
United States during any Export Limit Period that exceed the export 
limit for that Export Limit Period.
    2. Establish an export limit licensing and enforcement program 
for all direct and Indirect Exports of Certain Steel Products from 
Russia to the United States no later than 120 days after the 
Effective Date.

[[Page 9894]]

    3. Require that applications for Export Licenses be accompanied 
by a report specifying the identity of the original exporter and 
importer, the U.S. purchaser, if known, the original date of export 
and entry into the United States, if known, the quantity expressed 
in metric tons, and a complete description of the Certain Steel 
Products.
    4. Refuse to issue an Export License to any applicant that does 
not permit full verification and reporting under this Agreement of 
all of the information in the application.
    5. Issue Export Licenses sequentially, endorsed against the 
export limit for the relevant Export Limit Period, and reference any 
notice of export limit allocation results for the relevant Export 
Limit Period. Export Licenses shall remain valid for six months, 
unless DOC and MOT agree to an extension of their validity in 
extraordinary circumstances.
    6. Issue Export Licenses in the English language and, at the 
discretion of MOT, also in the Russian language.
    7. Issue Export Licenses no earlier than 90 days before the day 
on which the Certain Steel Products are accepted by a transportation 
company, as indicated in the bill of lading or a comparable 
transportation document, for export.
    8. Require all Russian producers and exporters of Certain Steel 
Products to furnish to MOT, as a condition of obtaining Export 
Licenses under this Agreement, the information in Appendix C and a 
letter in the form set forth in Appendix E.
    9. Ensure compliance with all procedures established in order to 
effectuate this Agreement by any official Russian institution, 
chamber, or other authorized Russian entity, and any Russian 
producer, exporter, broker, and trader of the Certain Steel 
Products, their affiliated parties, and any trading company or 
reseller utilized by a Russian producer to make sales to the United 
States.
    10. Impose strict measures, such as prohibition from obtaining 
Export Licenses under this Agreement, in the event that any Russian 
entity does not comply in full with the requirements established by 
MOT pursuant to this Agreement.
    11. Permit DOC to verify, on an annual basis, that the export 
limits in this Agreement have not been exceeded, that MOT is 
collecting all of the information it is required to collect under 
Paragraph IV.A of this Agreement, and that MOT is ensuring the 
collection of all information that it is required to ensure is 
collected under this Agreement.

IV. Monitoring and Notifications

    A. MOT will collect, maintain, and provide to DOC such 
information as is necessary and appropriate to ensure that exports 
of Certain Steel Products from Russia to the United States do not 
exceed the export limits in this Agreement, including the following:
    1. The information in Appendix B.
    2. Notice of any non-implementation of any provisions of this 
Agreement that come to its attention and of the measures taken with 
respect to such non-implementation.
    3. Such additional information as DOC and MOT agree, after 
consultations, is required.
    B. MOT shall ensure that each Russian producer and exporter of 
Certain Steel Products shall collect and maintain, for each Certain 
Steel Product exported to the United States, the basic company-
specific information on factors of production and U.S. sales prices 
described in Appendix C. In the event that Russia is determined to 
be a market economy for purposes of the U.S. antidumping law, these 
reporting requirements shall be adjusted to reflect this change. MOT 
shall provide this information to DOC upon request.
    C. DOC shall provide MOT with the following information relating 
to the implementation and enforcement of this Agreement.
    1. Semi-annual reports, within 120 days after the end of each 
semi-annual period, indicating the volume of U.S. imports of Certain 
Steel Products subject to this Agreement, together with such 
additional information as is necessary and appropriate to monitor 
compliance with the export limit levels.
    2. Notice of any non-implementation of any term of this 
Agreement.

V. Consultations

    A. MOT and DOC shall hold consultations each year on the 
anniversary date of this Agreement concerning the implementation, 
operation, and enforcement of the licensing program established by 
MOT, and the export limits established by this Agreement.
    B. Additional consultations may be held at any other time upon 
the request of either MOT or DOC.
    C. If DOC receives information indicating that any provision of 
this Agreement is not being implemented, DOC shall promptly request 
emergency consultations with MOT. Such consultations shall begin no 
later than 21 days after the day of DOC's request, and must be 
completed within 40 days after commencement. After completion of the 
consultations, DOC will provide MOT 20 days within which to provide 
comments.

VI. Implementation Issues

    A. DOC will investigate any information that is brought to its 
attention indicating that this Agreement is not being fully 
implemented, both by asking MOT to investigate such allegations and 
by itself gathering relevant information. If DOC informs MOT of such 
information and requests MOT to supply information relevant to the 
potential non-implementation, MOT will supply DOC with the requested 
information within 30 days. After receiving the information from 
MOT, DOC will consider whether the Agreement is being fully 
implemented. If DOC preliminarily determines that the Agreement is 
not being fully implemented, it will notify MOT of its determination 
and provide MOT with an opportunity to engage in consultations 
within 15 days after MOT receives the notification of DOC's 
preliminary determination. DOC will make a final determination as to 
whether the Agreement is being fully implemented within 30 days 
after these consultations have been completed.
    B. If DOC finally determines that this Agreement is not being 
fully implemented, DOC may take any appropriate action authorized 
under U.S. law, which may include either or both of the following:
    1. DOC may require MOT to furnish to DOC, within 14 days, the 
complete information described in Appendix C of this Agreement.
    2. DOC may self-initiate an antidumping investigation of any 
Certain Steel Product from Russia for which imports into the United 
States have exceeded the export limits in this Agreement on an 
accelerated basis. If DOC self-initiates such an accelerated 
investigation, the information maintained pursuant to Appendix C and 
furnished to DOC shall constitute the complete questionnaire 
responses of the Russian producers and exporters in that 
investigation. To the extent that this information is an 
insufficient basis for determining dumping margins, DOC may base its 
determination upon the facts available, which may be adverse to the 
interests of the Russian producers and exporters.

VII. Antidumping or Countervailing Duty Petitions

    If DOC initiates an antidumping or countervailing duty 
investigation of any Certain Steel Products from Russia pursuant to 
a petition filed by the U.S. domestic industry (as opposed to a 
self-initiated investigation), this Agreement shall remain in force 
with respect to those products. In that case, however, DOC will, 
using the information maintained pursuant to Appendix C and supplied 
to DOC by MOT, as the Russian producers' questionnaire responses, 
conduct the investigation on an accelerated basis, including the 
preliminary determination and, where appropriate under U.S. law, any 
suspension agreement negotiations. Any measure imposed on a Certain 
Steel Product pursuant to the U.S. antidumping or countervailing 
duty law shall substitute for the measure applied to that product 
under this Agreement.

VIII. Duration

    A. This Agreement will enter into force on the date of signature 
and remain in force for five years.
    B. DOC or MOT may terminate this Agreement at any time upon 
written notice to the other party. Termination shall be effective 60 
days after such notice is given.

IX. Other Provisions

    A. The consultations and negotiations that led to the conclusion 
of this Agreement shall constitute the consultations provided for in 
Articles XI.1 and XI.2 of the 1990 Agreement. These consultations 
and negotiations have provided Russia with the transparency and 
opportunity to submit its views provided for in Article XI.7 of the 
1990 Agreement.
    B. The English and Russian language versions of this Agreement 
shall be authentic, with the English version being controlling.
    C. For all purposes hereunder, the signatory Parties shall be 
represented by, and all communications and notices shall be given 
and addressed to:
    DOC: Assistant Secretary for Import Administration, 
International Trade

[[Page 9895]]

Administration, U.S. Department of Commerce, Washington, D.C. 20230, 
U.S.A.
    MOT: Department for State Regulation, of External Economic 
Activities, Ministry of Trade of the Russian Federation, 18/1 
Ovchinnikovskaya naberezhnaya, Moscow 113324, Russia.
    Signed on this ____th day of ________, 1999.
----------------------------------------------------------------------
Robert S. LaRussa,
Assistant Secretary for Import Administration, U.S. Department of 
Commerce.
----------------------------------------------------------------------
Roald Piskoppel,
Deputy Minister, Ministry of Trade of the Russian Federation.

Appendix A

    For purposes of this Agreement, Certain Steel Products are 
defined as the following 16 products:
    For purposes of this agreement, Hot-Rolled Steel Stainless and 
Alloy Products are defined as the following:
    Certain stainless and other alloy hot-rolled flat-rolled steel 
products of a rectangular shape, neither clad, plated, nor coated 
with metal and whether or not painted, varnished, or coated with 
plastics or other non-metallic substances and in the following 
forms: in coils (whether or not in successively superimposed layers) 
with a width of 0.5 inch or greater, regardless of thickness; in 
straight lengths with a thickness less than 4.75 mm and of a width 
measuring at least 10 times the thickness; and in straight lengths, 
4.75 mm or more in thickness and of a width which exceeds 150 mm and 
measures at least twice the thickness.
    Specifically excluded from this scope are all products which are 
included in the scope definitions of the Agreement Suspending the 
Antidumping Duty Investigation on Certain Hot-Rolled Flat-Rolled 
Carbon-Quality Steel Products from the Russian Federation and the 
Agreement Suspending the Antidumping Duty Investigation on Certain 
Cut-to-Length Carbon Steel Plate from the Russian Federation. 
Specifically excluded are vacuum degassed, fully stabilized 
(commonly referred to as interstitial-free (``IF'')) steels, high 
strength low alloy (``HSLA'') steels, and the substrate for motor 
lamination steels. IF steels are recognized as low carbon steels 
with micro-alloying levels of elements such as titanium and/or 
niobium added to stabilize carbon and nitrogen elements. HSLA steels 
are recognized as steels with micro-alloying levels of elements such 
as chromium, copper, niobium, titanium, vanadium, and molybdenum. 
The substrate for motor lamination steels contains micro-alloying 
levels of elements such as silicon and aluminum.
    Steel products to be excluded in the scope of this 
investigation, regardless of HTSUS definitions, are products in 
which: (1) iron predominates, by weight, over each of the other 
contained elements, (2) the carbon content is 2 percent or less, by 
weight, and (3) none of the elements listed below exceed 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
0.012 percent of boron, 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 of zirconium.

    All products that meet the written physical description, and in 
which the chemistry quantities do not exceed any one of the levels 
listed above, are outside the scope of this agreement unless 
otherwise included. The following products, by way of example, are 
included in the scope of this agreement:

II. Alloy hot-rolled steel products in which at least one of the 
chemical elements exceeds those listed above (including e.g., ASTM 
specifications A543, A387, A514, A517, and A506).
III. SAE/AISI grades of series 2300 and higher.
IV. Ball bearing steels, as defined in the HTSUS.
V. Tool steels, as defined in the HTSUS.
VI. Silico-manganese (as defined in the HTSUS) or silicon electrical 
steel with a silicon level exceeding 1.50 percent.
VII. ASTM specifications A710 and A736.
VIII. USS abrasion-resistant steels (USS AR 400, USS AR 500).
IX. Hot-rolled steel coil which meets the following chemical, 
physical and mechanical specifications:

----------------------------------------------------------------------------------------------------------------
               C                    Mn           P           S          Si          Cr          Cu         Ni
----------------------------------------------------------------------------------------------------------------
0.10-0.14%....................  0.90% Max   0.025% Max  0.005% Max  0.30-0.50%  0.50-0.70%  0.20-0.40  0.20% Max
                                                                                             %
----------------------------------------------------------------------------------------------------------------

    Width = 44.80 inches maximum; Thickness = 0.063-0.198 inches; 
Yield Strength = 50,000 ksi minimum; Tensile Strength = 70,000-
88,000 psi.
X. Hot-rolled steel coil which meets the following chemical, 
physical and mechanical specifications:

----------------------------------------------------------------------------------------------------------------
               C                    Mn           P           S          Si          Cr          Cu         Ni
----------------------------------------------------------------------------------------------------------------
0.10-0.16%....................  0.70-0.90%  0.025% Max  0.006% Max  0.30-0.50%  0.50-0.70%  0.25% Max  0.20% Max
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
              Mo
----------------------------------------------------------------------------------------------------------------
0.21% Max
----------------------------------------------------------------------------------------------------------------

    Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; 
Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi 
Aim.
XI. Hot-rolled steel coil which meets the following chemical, 
physical and mechanical specifications:

----------------------------------------------------------------------------------------------------------------
               C                    Mn           P           S          Si          Cr          Cu         Ni
----------------------------------------------------------------------------------------------------------------
 0.10-0.14%...................  1.30-1.80%  0.025%,     0.005%,     0.30-0.5%   0.50-0.70%  0.20-0.40  0.20%,
                                             Max         Max                                 %          Max
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
            V(wt.)                  Cb
----------------------------------------------------------------------------------------------------------------
0.10, Max.....................  0.08% Max   ..........  ..........  ..........  ..........  .........  .........
----------------------------------------------------------------------------------------------------------------


[[Page 9896]]

    Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; 
Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi 
Aim.

XII. Hot-rolled steel coil which meets the following chemical, 
physical and mechanical specifications:

----------------------------------------------------------------------------------------------------------------
               C                    Mn           P           S          Si          Cr          Cu         Ni
----------------------------------------------------------------------------------------------------------------
0.15%, Max....................  1.40%, Max  0.025%,     0.010%,     0.50%, Max  1.00%, Max  0.50%,     0.20%,
                                             Max         Max                                 Max        Max
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
              Nb                    Ca          Al
----------------------------------------------------------------------------------------------------------------
0.005%, Min...................  Treated     0.01-0.07%  ..........  ..........  ..........  .........  .........
----------------------------------------------------------------------------------------------------------------

    Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield 
Strength = 70,000 psi minimum for thicknesses  0.148 
inches and 65,000 psi minimum for thicknesses >0.148 inches; Tensile 
Strength = 80,000 psi minimum.

XIII. Hot-rolled dual phase steel, phase-hardened, primarily with a 
ferritic-martensitic microstructure, contains 0.9 percent up to and 
including 1.5 percent silicon by weight, further characterized by 
either (i) tensile strength between 540 N/mm2 and 640 N/
mm2 and an elongation percentage 26 percent 
for thicknesses of 2 mm and above, or (ii) a tensile strength 
between 590 N/mm2 and 690 N/mm2 and an 
elongation percentage 25 percent for thicknesses of 2mm 
and above.

    Hot-rolled bearing quality steel, SAE grade 1050, in coils, with 
an inclusion rating of 1.0 maximum per ASTM E 45, Method A, with 
excellent surface quality and chemistry restrictions as follows: 
0.012 percent maximum phosphorus, 0.015 percent maximum sulfur, and 
0.20 percent maximum residuals including 0.15 percent maximum 
chromium.
    The merchandise subject to these investigations is classified in 
the Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7219.11.0030, 7219.11.0060, 7219.12.0005, 7219.12.0020, 
7219.12.0025, 7219.12.0050, 7219.12.0055, 7219.12.0065, 
7219.12.0070, 7219.12.0080, 7219.13.0030, 7219.13.0050, 
7219.13.0070, 7219.13.0080, 7219.14.0030, 7219.14.0065, 
7219.14.0090, 7219.21.0005, 7219.21.0020, 7219.21.0040, 
7219.21.0060, 7219.22.0005, 7219.22.0015, 7219.22.0020, 
7219.22.0025, 7219.22.0035, 7219.22.0040, 7219.22.0045, 
7219.22.0070, 7219.22.0075, 7219.22.0080, 7219.23.0030, 
7219.23.0060, 7219.24.0030, 7219.24.0060, 7220.11.0000, 
7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 
7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 
7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 
7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010, 
7220.90.0015, 7220.90.0060, 7220.90.0080, 7225.11.0000, 
7225.19.0000, 7225.20.0000, 7225.30.1000, 7225.30.3005, 
7225.30.3050, 7225.30.5030, 7225.30.5060, 7225.30.7000, 
7225.40.1015, 7225.40.1090, 7225.40.3005, 7225.40.3050, 
7225.40.5030, 7225.40.5060, 7225.40.7000, 7225.99.0010, 
7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060, 
7226.19.1000, 7226.19.9000, 7226.20.0000, 7226.91.0500, 
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 
7226.91.5000, 7226.91.7000, 7226.91.8000, and 7226.99.0000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
investigation is dispositive.
    Hot-rolled steel is equivalent to AISI categories 31 (hot-rolled 
sheet), 36 (hot-rolled strip), 6A (cut-to-length plate), and 6B 
(plate in coils)
    For purposes of this agreement, Cold-Rolled Steel Products are 
defined as the following:
    The products covered are certain carbon, stainless and other 
alloy cold-rolled (cold-reduced) steel flat-rolled products, of 
rectangular shape, neither clad, plated nor coated with metal, 
whether or not painted, varnished or coated with plastics or other 
nonmetallic substances, in coils (whether or not in successively 
superimposed layers) and of a width of 0.5 inch or greater, or in 
straight lengths which, if of a thickness less than 4.75 
millimeters, are of a width of 0.5 inch or greater and which 
measures at least 10 times the thickness or if of a thickness of 
4.75 millimeters or more are of a width which exceeds 150 
millimeters and measures at least twice the thickness. Included in 
this scope 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.
    Included in this scope is certain shadow mask steel, i.e., 
aluminum-killed, cold-rolled steel coil that is open-coil annealed, 
has a carbon content of less than 0.002 percent, is of 0.003 to 
0.012 inch in thickness, 15 to 30 inches in width, and has an ultra 
flat, isotropic surface.
    The merchandise is classified in the Harmonized Tariff Schedule 
of the United States (``HTSUS'') at subheadings: 7208.18.2510, 
7209.15.000, 7209.16.0030, 7209.16.0060, 7209.16.0090, 7209.17.0030, 
7209.17.0060, 7209.17.0090, 7209.18.1530, 7209.18.1560, 
7209.18.2510, 7209.18.2550, 7209.18.6000, 7209.25.0000, 
7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 
7210.70.3000, 7210.90.9000, 7211.23.1500, 7211.23.2000, 
7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 
7211.23.6075, 7211.23.6085, 7211.29.2030, 7211.29.2090, 
7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000, 
7212.40.1000, 7212.40.5000, 7212.50.0000, 7217.10.1000, 
7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 
7217.90.5030, 7217.90.5060, 7217.90.5090, 7219.31.0010, 
7219.31.0050, 7219.32.0005, 7219.32.0020, 7219.32.0025, 
7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 
7219.32.0044, 7219.32.0045, 7219.32.0060, 7219.33.0005, 
7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 
7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.33.0045, 
7219.33.0070, 7219.33.0080, 7219.34.0005, 7219.34.0020, 
7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.34.0050, 
7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 
7219.35.0050, 7219.90.0010, 7219.90.0020, 7219.90.0025, 
7219.90.0060, 7219.90.0080, 7220.20.1010, 7220.20.1015, 
7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 
7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 
7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010, 
7220.90.0015, 7220.90.0060, 7220.90.0080, 7225.11.0000, 
7225.19.0000, 7225.50.6000, 7225.50.7000, 7225.50.8010, 
7225.50.8015, 7225.50.8085, 7225.99.0010, 7225.99.0090, 
7226.11.1000, 7226.11.9030, 7226.11.9060, 7226.19.1000, 
7226.19.9000, 7226.20.0000, 7226.92.1030, 7226.92.1060, 
7226.92.3030, 7226.92.3060, 7226.92.5000, 7226.92.7005, 
7226.92.7050, 7226.92.8005, 7226.92.8050, 7226.99.0000.
    Cold-rolled steel is equivalent to AISI categories 32 (cold-
rolled sheet), 37 (cold-rolled strip), and 28 (black plate).
    For purposes of this agreement, Semifinished Steel Products are 
defined as the following:
    The products covered are iron and steel products (whether or not 
stainless, other alloy, or non-alloy) in the following forms: ingots 
and other primary forms; semifinished products (whether or not of 
rectangular cross-section, and whether or not with a width measuring 
at least twice the thickness).
    The merchandise is classified in the Harmonized Tariff Schedule 
of the United States (``HTSUS'') at subheadings: 72.12.00.10, 
7207.12.00.50, 7207.20.00.25, 7207.20.00.45, 7224.90.00.45, 
7224.90.00.55, 7206.10.0000, 7224.10.0075, 7206.80.0000, 
7207.11.0000, 7207.19.0030, 7224.90.0065, 7207.19.0090, 
7224.90.0075, 7207.20.0075, 7207.20.0090, 7218.10.0000, 
7218.91.0015, 7218.91.0030, 7218.91.0060, 7218.99.0015, 
7218.99.0030, 7218.99.0045, 7218.99.0060, 7218.99.0090, 
7224.10.0005, 7224.10.0045, 7224.90.0005, 7224.90.0015, 
7224.90.0025, and 7224.90.0035.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise is 
dispositive.

[[Page 9897]]

    Semifinished steel is equivalent to AISI categories 1A (ingots 
and steel for castings) and 1B (blooms, billets, and slabs).
    For purposes of this agreement, Galvanized Sheet Products are 
defined as the following:
    Hot-rolled or cold-rolled flat-rolled products, either in coils 
(regardless of dimension) or in straight flat-rolled lengths (if of 
a thickness less than 4.75 mm are of a width measuring at least 10 
times the thickness or if of a thickness of 4.75 mm or more are of a 
width which exceeds 150 mm and measures at least twice the 
thickness), with a metallic coating of zinc, regardless of any 
additional coatings (e.g., paint, varnish, or plastics).
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 
7210.49.0090, 7210.70.6030, 7210.70.6060, 7212.20.0000, 
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 
7212.40.1000, 7212.40.5000, 7225.91.0000, 7225.92.0000, 
7226.93.0000, and 7226.94.0000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Galvanized Sheet Products reflect AISI categories 33A (hot-
dipped galvanized sheet/strip) and 33B (electrolytic galvanized 
sheet/strip).
    For purposes of this agreement, Other Metallic Coated Flat 
Rolled Products are defined as the following:
    Hot-rolled or cold-rolled flat-rolled products, either in coils 
(regardless of dimension) or in straight lengths (if of a thickness 
less than 4.75 mm are of a width measuring at least 10 times the 
thickness or if of a thickness of 4.75 mm or more are of a width 
which exceeds 150 mm and measures at least twice the thickness), 
with a metallic coating (other than zinc, tin, chromium oxides, or 
chromium and chromium oxides), or clad, with metals such as 
aluminum, lead, aluminum-zinc alloys, and nickel, regardless of any 
additional coatings (e.g., paint, varnish, or plastics).
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7210.20.0000, 7210.61.0000, 7210.69.0000, 7210.70.6090, 
7210.90.6000, 7210.90.9000, 7212.40.1000, 7212.40.5000, 
7212.50.0000, 7212.60.0000, 7225.99.0090, 7226.91.5000, 
7226.91.7000, 7226.91.8000, and 7226.99.0000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Other Metallic Coated Flat-Rolled Products reflect AISI category 
34 (metallic sheet and strip).
    For purposes of this agreement, Certain Tin Mill Products are 
defined as the following:
    Hot-rolled or cold-rolled flat-rolled products, either in coils 
(regardless of dimension) or in straight lengths (if of a thickness 
less than 4.75 mm are of a width measuring at least 10 times the 
thickness or if of a thickness of 4.75 mm or more are of a width 
which exceeds 150 mm and measures at least twice the thickness), 
with a metallic plating of tin, chromium oxides, or chromium and 
chromium oxides, regardless of any additional coatings (e.g., paint, 
varnish, or plastics).
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7210.11.0000, 7210.12.0000, 7210.50.0000, and 
7212.10.0000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Certain Tin Mill Products reflect AISI categories 29 (tin plate) 
and 29A (tin-free sheet).
    For purposes of this agreement, Electrical Sheet Products are 
defined as the following:
    Cold-rolled flat-rolled alloy steels, or that contain by weight 
at least 0.6 percent of silicon but not more than 6 percent of 
silicon and not more than 0.08 percent of carbon. They may also 
contain by weight not more than 1 percent of aluminum but no other 
element in a proportion that would give the steel the 
characteristics of another alloy steel.
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7225.11.0000, 7225.19.0000, 7226.11.1000, 7226.11.9030, 
7226.11.9060, 7226.19.1000, and 7226.19.9000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Electrical Sheet Products reflect AISI category 35 (electrical 
sheet).
    For purposes of this agreement, Heavy Structural Shapes are 
defined as the following:
    Angles, shapes, and sections having a uniform cross section 
across their length, of alloy (other than tool steel as defined by 
the HTS) or non-alloy steel, whether hot-rolled or cold-rolled, with 
a height of at least 80 mm. Included are shapes such as U, I, H, and 
T.
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7216.31.0000, 7216.32.0000, 7216.33.0030, 7216.33.0060, 
7216.33.0090, 7216.40.0010, 7216.40.0050, 7216.50.0000, 
7216.99.0000, 7222.40.3020, 7222.40.3040, 7228.70.3020, 
7228.70.3040, and 7301.10.0000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Heavy Structural Shapes reflect AISI categories 4 (structural 
heavy shapes) and 5 (steel piling).
    For purposes of this agreement, Rails are defined as the 
following:
    Rails for railway and tramway construction and replacement. This 
includes load-bearing rails such as standard T, light, crane, and 
girder rails, and conductor or electrical rails.
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7302.10.1010, 7302.10.1015, 7302.10.1025, 7302.10.1035, 
7302.10.1045, 7302.10.1055, and 7302.10.5020.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Rails reflect AISI categories 7 (standard rails) and 8 (other 
rails).
    For purposes of this agreement, Hot-Rolled Bars are defined as 
the following:
    Hot-rolled products, not in coils, whether of alloy (other than 
tool steel as defined by the HTSUS) or non-alloy steel, with a 
uniform solid cross section along their whole length, that do not 
meet the definition for flat-rolled products outlined in the HTSUS, 
in the following shapes:
    (1) circles, segments of circles, ovals, rectangles (including 
squares), triangles, or other convex polygons, regardless of whether 
they include indentations, ribs, grooves or other deformations 
produced during the rolling process (rebar);
    (2) angles, shapes, and sections such as U, I, H, L, and T with 
a height of less than 80 mm.
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7213.10.0000, 7213.20.0000, 7213.99.0060, 7214.10.0000, 
7214.20.0000, 7214.30.0000, 7214.91.0015, 7214.91.0060, 
7214.91.0090, 7214.99.0015, 7214.99.0030, 7214.99.0045, 
7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.1000, 
7216.10.0010, 7216.10.0050, 7216.21.0000, 7216.22.0000, 
7221.00.0005, 7221.00.0045, 7221.00.0075, 7222.11.0005, 
7222.11.0050, 7222.19.0005, 7222.19.0050, 7222.40.3060, 
7222.40.3080, 7227.20.0000, 7227.90.6005, 7227.90.6050, 
7228.20.1000, 7228.30.8005, 7228.30.8050, 7228.40.0000, 
7228.60.6000, 7228.70.3060, 7228.70.3080, and 7228.80.0000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Hot-Rolled Bars reflect AISI categories 14 (hot-rolled bars), 
14A (light shapes), and 15 (reinforcing bars).
    For purposes of this agreement, Cold Finished Bars are defined 
as the following:
    Cold-finished (e.g. cold-rolled, cold-drawn, turned) products, 
not in coils, whether of alloy (other than tool steel as defined by 
the HTS) or non-alloy steel, with a uniform solid cross section 
along their whole length, that do not meet the definition for flat-
rolled products outlined in the HTS, in the shape of circles, 
segments of circles, ovals, rectangles (including squares), 
triangles, or other convex polygons, regardless of whether they 
include indentations, ribs, grooves or other deformations produced 
during the rolling process (rebar).
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7215.10.0000, 7215.50.0015, 7215.50.0060, 7215.50.0090, 
7215.90.3000,

[[Page 9898]]

7215.90.5000, 7222.20.0005, 7222.20.0045, 7222.20.0075, 
7222.30.0000, 7228.20.5000, 7228.50.5005, 7228.50.5050, and 
7228.60.8000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Cold-Finished Bars reflect AISI category 16 (cold-finished 
bars).
    For purposes of this agreement, Pipe and Tube Products are 
defined as the following:
    Hollow steel products of either circular or non-circular cross 
section, of alloy (e.g. stainless) or non-alloy steel, whether 
seamless or not seamless (e.g. welded, open seam), whether plain end 
or finished (e.g. upset, threaded, coupled), regardless of size.
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7304, 7305, and 7306.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Pipe and Tube Products reflect AISI categories 18 (standard), 19 
(oil country tubular goods), 20 (line pipe), 21A (mechanical 
tubing), 21B (pressure tubing), 21C&D (stainless pipe and tubing), 
21E (pipe and tube, not classified), 22A (structural pipe and 
tubing), and 22B (structural pipe and tubing for piling).
    For purposes of this agreement, Wire Rod Products are defined as 
the following:
    Hot-rolled bars and rods, whether of alloy (other than tool 
steel as defined by the HTSUS) or non-alloy steel, in irregularly 
wound coils, which have a solid cross section, generally round in 
cross-sectional shape.
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7213.91.3000, 7213.91.4500, 7213.91.6000, 7213.99.0030, 
7213.99.0090, 7221.00.0015, and 7221.00.0030.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Wire Rod Products reflect AISI category 3 (wire rod).
    For purposes of this agreement, Tool Steel is defined as the 
following:
    Steel products, in the form of semifinished steel, flat-rolled 
products, bars and rods, and wire, meeting the following 
chemistries:
    (1) more than 1.2 percent of carbon and more than 10.5 percent 
chromium; or
    (2) not less than 0.3 percent carbon and 1.25 percent or more 
but less than 10.5 percent chromium; or
    (3) not less than 0.85 percent carbon and 1 percent to 1.8 
percent, inclusive, manganese; or
    (4) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 
percent to 1.4 percent, inclusive, molybdenum; or
    (5) not less than 0.5 percent carbon and not less than 3.5 
percent molybdenum; or
    (6) not less than 0.5 percent carbon and not less than 5.5 
percent tungsten.
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7224.10.0045, 7224.90.0015, 7224.90.0025, 7224.90.0035, 
7225.20.0000, 7225.30.1000, 7225.30.5030, 7225.30.5060, 
7225.40.1015, 7225.40.1090, 7225.40.5030, 7225.40.5060, 
7225.50.1030, 7225.50.1060, 7226.20.0000, 7226.91.0500, 
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 
7226.92.1030, 7226.92.1060, 7226.92.3030, 7226.92.3060, 
7227.10.0000, 7227.90.1030, 7227.90.1060, 7227.90.2030, 
7227.90.2060, 7228.10.0010, 7228.10.0030, 7228.10.0060, 
7228.30.2000, 7228.30.4000, 7228.30.6000, 7228.50.1010, 
7228.50.1020, 7228.50.1040, 7228.50.1060, 7228.50.1080, 
7228.60.1030, 7228.60.1060, and 7229.10.0000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Tool Steel is equivalent to AISI category 17 (tool steel).
    For purposes of this agreement, Drawn Wire Products are defined 
as the following:
    Cold-drawn products in coil form, of any uniform solid cross 
section along their whole length, whether of alloy (other than tool 
steel as defined by the HTSUS) or non-alloy steel.
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.4030, 
7217.10.4090, 7217.10.5030, 7217.10.5090, 7217.10.6000, 
7217.10.7000, 7217.10.8010, 7217.10.8020, 7217.10.8025, 
7217.10.8030, 7217.10.8045, 7217.10.8060, 7217.10.8075, 
7217.10.8090, 7217.10.9000, 7217.20.1500, 7217.20.3000, 
7217.20.4510, 7217.20.4520, 7217.20.4530, 7217.20.4540, 
7217.20.4550, 7217.20.4560, 7217.20.4570, 7217.20.4580, 
7217.20.6000, 7217.20.7500, 7217.30.1530, 7217.30.1560, 
7217.30.3000, 7217.30.4510, 7217.30.4520, 7217.30.4530, 
7217.30.4540, 7217.30.4550, 7217.30.4560, 7217.30.4590, 
7217.30.6000, 7217.30.7500, 7217.90.5030, 7217.90.5060, 
7217.90.5090, 7223.00.1015, 7223.00.1030, 7223.00.1045, 
7223.00.1060, 7223.00.1075, 7223.00.5000, 7223.00.9000, 
7229.20.0000, 7229.90.1000, 7229.90.5015, 7229.90.5030, 
7229.90.5050, and 7229.90.9000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Drawn Wire Products reflect AISI categories 23 (wire drawn).
    For purposes of this agreement, Pig Iron is defined as the 
following:
    Iron-carbon alloys that are not usefully malleable, containing 
more than 2% by weight of carbon.
    The merchandise subject to this agreement is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7201.10.0000, 7201.20.0000, 7201.50.3000, and 
7201.50.6000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise under 
this agreement is dispositive.
    Pig Iron is equivalent to AISI categories 65 (pig iron).

Appendix B

    In accordance with the established format, MOT shall collect and 
provide to DOC all information necessary to ensure compliance with 
this Agreement. This information will be provided to DOC on a semi-
annual basis.
    MOT will collect and maintain data on exports to the United 
States on a continuous basis.
    MOT will provide a narrative explanation to substantiate all 
data collected in accordance with the following formats.
    MOT will provide all Export Licenses issued to Russian entities, 
which shall contain the following information with the exception 
that information requested in item #9, date of entry, item #10, 
importer of record, item #16, final destination, and item #17, 
other, may be omitted if unknown to MOT and the licensee.
    1. Export License/Temporary Document: Indicate the number(s) 
relating to each sale and or entry.
    2. Complete Description of Merchandise: Include the 10 digit HTS 
category, the ASTM or equivalent grade, and the width and thickness 
of merchandise.
    3. Quantity: Indicate in metric tons.
    4 F.O.B. Sales Value: Indicate value and currency used.
    5. Unit Price: Indicate unit price per metric ton and currency 
used.
    6. Date of Sale: The date all essential terms of the order (i.e, 
price and quantity) become fixed.
    7. Sales Order Number(s): Indicate the number(s) relating to 
each sale and/or entry.
    8. Date of Export: Date the Export License/Temporary Document is 
Issued.
    9. Date of Entry: Date the merchandise entered the United States 
or the date book transfer took place.
    10. Importer of Record: Name and address.
    11. Trading Company: Name and address of trading company 
involved in sale.
    12. Customer: Name and address of the first unaffiliated party 
purchasing from the Russian exporter.
    13. Customer Relationship: Indicate whether the customer is 
affiliated or unaffiliated to the Russian exporter.
    14. Allocation to Exporter: Indicate the total amount of quota 
allocated to the individual exporter during the Relevant Period.
    15. Allocation Remaining: Indicate the remaining export limit 
allocation available to the individual exporter during the export 
limit period.
    16. Final Destination: The complete name and address of the U.S. 
purchaser.
    17. Other: The identity of any party(ies) in the transaction 
chain between the customer and the final destination/U.S. purchaser.

Appendix C

Russian Self-Monitoring Data

    MOT and relevant Russian entities will compile and maintain data 
on a semi-annual basis to achieve the goals of this Agreement. The 
data will be used for self-monitoring and possible reporting to DOC 
in connection with

[[Page 9899]]

the consultation provisions of this Agreement, a self-initiated 
antidumping investigation or both. MOT will ensure that data is 
maintained by the producers of each covered product for both normal 
values and U.S. sales in a form suitable for analysis consistent 
with the standards of U.S. antidumping law and regulations. 
Department officials will coordinate closely with MOT and relevant 
Russian entities to ensure ongoing data collection and maintenance 
consistent with these standards.
    Categories of Self-Monitoring Data:

I. Normal Value Data
    A. Factors of Production
    B. Product Codes and Characteristics
    C. Market-Economy Inputs
II. U.S. Sales Data
    A. Product Codes and Characteristics
    B. Individual Sales Data
    C. Sales Type and Process

Appendix D

    For purposes of this Agreement, U.S. Apparent Consumption will 
be calculated using data provided by the American Iron and Steel 
Institute and the U.S. Bureau of the Census. For each of the sixteen 
product categories covered by this Agreement, we will calculate 
apparent consumption based on the AISI categories specified in the 
relevant section of Appendix III of this Agreement. The calculation 
will be made in the following manner:

Apparent Consumption =
    Domestic Shipments
    + Imports
    - Exports

Appendix E

To: Ministry of Trade, Russian Federation

    1. We understand that the data being provided to the Ministry of 
Trade of the Russian Federation may be provided to the U.S. 
Department of Commerce for use in a self-initiated antidumping duty 
investigation, pursuant to the Agreement between the Ministry of 
Trade and the Department of Commerce dated ________, 1999. We 
further understand that, if such an antidumping duty investigation 
is self-initiated, it may be conducted on an expedited basis with, a 
preliminary determination being issued as early as 60 days following 
initiation.
    2. We acknowledge and accept that the data being provided to the 
Ministry of Trade will be considered to be our complete 
questionnaire response in such an antidumping investigation. We 
agree that the Ministry of Trade's requirements for periodic 
reporting may be considered as requests for information for purposes 
of any such antidumping duty investigation.
    3. Consistent with these understandings, we hereby waive any 
right provided by U.S. statutes or regulations to any minimum time 
period for responding to a questionnaire in such an antidumping duty 
investigation. We understand and accept that the U.S. Department of 
Commerce may possibly provide us with one opportunity to supplement 
this data. In light of our understanding that the investigation will 
be very accelerated, however, we recognize and accept that any time 
provided for supplementing the data will be very limited.
    4. For all data submissions to the Russian government, we agree 
that we will identify data which we regard as business proprietary 
information. We will include with each data submission a statement 
that the business proprietary information contained therein may be 
released under an appropriately draw administrative protective order 
in any antidumping duty investigation in which the data is utilized 
consistent with our understandings in paragraph 1.
    5. We understand that, to the extent the data concerning our 
factors of production and U.S. sales obtained by the U.S. Department 
of Commerce pursuant to its Agreement with the Ministry of Trade 
dated ________, 1999 is an insufficient basis on which to determine 
any actual margin of dumping, the Department of Commerce will base 
its determination in the accelerated investigation on the facts 
available, which may be adverse to our interests.

Appendix F

Section 125 of the Trade Act of 1974, 19 U.S.C. 2135

SEC. 125. TERMINATION AND WITHDRAWAL AUTHORITY

    (a) Every trade agreement entered into under this Act shall be 
subject to termination, in whole or in part, or withdrawal, upon due 
notice, at the end of a period specified in the agreement. Such 
period shall be not more than 3 years from the date on which the 
agreement becomes effective. If the agreement is not terminated or 
withdrawn from at the end of the period so specified, it shall be 
subject to termination or withdrawal thereafter upon not more than 6 
month's notice.
    (b) The President may at any time terminate, in whole or in 
part, any proclamation made under this Act.
    (c) Whenever the United States, acting in pursuance of any of 
its rights or obligations under any trade agreement entered into 
pursuant to this Act, section 201 of the Trade Expansion Act of 
1962, or section 350 of the Tariff Act of 1930, withdraws, suspends, 
or modifies any obligation with respect to the trade of any foreign 
country or instrumentality thereof, the President is authorized to 
proclaim increased duties or other import restrictions, to the 
extent, at such times, and for such periods as he deems necessary or 
appropriate, in order to exercise the rights or fulfill the 
obligations of the United States. No proclamation shall be made 
under this subsection increasing any existing duty to a rate more 
than 50 percent above the rate set forth in rate column numbered 2 
of the Tariff Schedules of the United States, as in effect on 
January 1, 1975, or 20 percent ad valorem above the rate existing on 
January 1, 1975, whichever is higher.
    (d) Whenever any foreign country or instrumentality withdraws, 
suspends, or modifies the application of trade agreement obligations 
of benefit to the United States without granting adequate 
compensation therefor, the President, in pursuance of rights granted 
to the United States under any trade agreement and to the extent 
necessary to protect United States economic interests (including 
United States balance of payments), may--
    (1) withdraw, suspend, or modify the application of 
substantially equivalent trade agreement obligations of benefit to 
such foreign country or instrumentality; and
    (2) proclaim under subsection (c) such increased duties or other 
import restrictions as are appropriate to effect adequate 
compensation from such foreign country or instrumentality.
    (e) Duties or other import restrictions required or appropriate 
to carry out any trade agreement entered into pursuant to this Act, 
section 201 of the Trade Expansion Act of 1962, or section 350 of 
the Tariff Act of 1930 shall not be affected by any termination, in 
whole or in part, of such agreement or by the withdrawal of the 
United States from such agreement and shall remain in effect after 
the date of such termination or withdrawal for 1 year, unless the 
President by proclamation provides that such rates shall be restored 
to the level at which they would be but for the agreement. Within 60 
days after the date of any such termination or withdrawal, the 
President shall transmit to the Congress his recommendations as to 
the appropriate rates of duty for all articles which were affected 
by the termination or withdrawal or would have been so affected but 
for the preceding sentence.
    (f) Before taking any action pursuant to subsection (b), (c), or 
(d), the President shall provide for a public hearing during the 
course of which interested persons shall be given a reasonable 
opportunity to be present, to produce evidence, and to be heard, 
unless he determines that such prior hearings will be contrary to 
the national interest because of the need for expeditious action, in 
which case he shall provide for a public hearing promptly after such 
action.

[FR Doc. 99-4975 Filed 2-25-99; 8:45 am]
BILLING CODE 3510-DS-P