[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Notices]
[Pages 47862-47865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22788]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. AA1921-197 (Review); 701-TA-231, 319-320, 322, 
325-328, 340, 342, and 348-350 (Review); and 731-TA-573-576, 578, 582-
587, 604, 607-608, 612, and 614-618 (Review)]


Certain Carbon Steel Products From Australia, Belgium, Brazil, 
Canada, Finland, France, Germany, Japan, Korea, Mexico, Netherlands, 
Poland, Romania, Spain, Sweden, Taiwan, and United Kingdom

AGENCY: United States International Trade Commission.

ACTION: Institution of five-year reviews concerning the countervailing 
duty and antidumping duty orders on certain carbon steel products from 
Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, 
Korea, Mexico, Netherlands, Poland, Romania, Spain, Sweden, Taiwan, and 
United Kingdom.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the 
countervailing duty and antidumping duty orders on certain carbon steel 
products from Australia, Belgium, Brazil, Canada, Finland, France, 
Germany, Japan, Korea, Mexico, Netherlands, Poland, Romania, Spain, 
Sweden, Taiwan, and United Kingdom would be likely to lead to 
continuation or recurrence of material injury. Pursuant to section 
751(c)(2) of the Act, interested parties are requested to respond to 
this notice by submitting the information specified below to the 
Commission; 1 to be assured of consideration, the deadline 
for responses is October 21, 1999. Comments on the adequacy of 
responses may be filed with the Commission by November 12, 1999.
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    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 99-5-034. Public 
reporting burden for the request is estimated to average 7 hours per 
response. Please send comments regarding the accuracy of this burden 
estimate to the Office of Investigations, U.S. International Trade 
Commission, 500 E Street, SW, Washington, DC 20436.
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    For further information concerning the conduct of these reviews and 
rules of general application, consult the Commission's rules of 
practice and procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent 
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are 
published at 63 FR 30599, June 5, 1998, and may be downloaded from the 
Commission's World Wide Web site at http://www.usitc.gov/rules.htm.

EFFECTIVE DATE: September 1, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Elizabeth 
Haines (202-205-3200), or Vera Libeau (202-205-3176), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background.

    On the dates listed below, countervailing duty and antidumping

[[Page 47863]]

duty orders on the subject imports were issued:

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                        Order date and product/Country                             Inv. No.         F.R. cite
----------------------------------------------------------------------------------------------------------------
6/13/79  Carbon steel plate/Taiwan............................................      AA1921-197     44 F.R. 33877
8/17/93  Cut-to-length carbon steel plate/Belgium.............................      701-TA-319     58 F.R. 43749
8/17/93  Cut-to-length carbon steel plate/Brazil..............................      701-TA-320     58 F.R. 43751
8/17/93  Cut-to-length carbon steel plate/Germany.............................      701-TA-322     58 F.R. 43756
8/17/93  Cut-to-length carbon steel plate/Mexico..............................      701-TA-325     58 F.R. 43755
8/17/93  Cut-to-length carbon steel plate/Spain...............................      701-TA-326     58 F.R. 43761
8/17/93  Cut-to-length carbon steel plate/Sweden..............................      701-TA-327     58 F.R. 43758
8/17/93  Cut-to-length carbon steel plate/United Kingdom......................      701-TA-328     58 F.R. 43748
8/19/93  Cut-to-length carbon steel plate/Belgium.............................      731-TA-573     58 F.R. 44164
8/19/93  Cut-to-length carbon steel plate/Brazil..............................      731-TA-574     58 F.R. 44164
8/19/93  Cut-to-length carbon steel plate/Canada..............................      731-TA-575     58 F.R. 44162
8/19/93  Cut-to-length carbon steel plate/Finland.............................      731-TA-576     58 F.R. 44165
8/19/93  Cut-to-length carbon steel plate/Germany.............................      731-TA-578     58 F.R. 44170
8/19/93  Cut-to-length carbon steel plate/Mexico..............................      731-TA-582     58 F.R. 44165
8/19/93  Cut-to-length carbon steel plate/Poland..............................      731-TA-583     58 F.R. 44166
8/19/93  Cut-to-length carbon steel plate/Romania.............................      731-TA-584     58 F.R. 44167
8/19/93  Cut-to-length carbon steel plate/Spain...............................      731-TA-585     58 F.R. 44167
8/19/93  Cut-to-length carbon steel plate/Sweden..............................      731-TA-586     58 F.R. 44168
8/19/93  Cut-to-length carbon steel plate/United Kingdom......................      731-TA-587     58 F.R. 44168
10/11/85  Cold-rolled carbon steel flat products/Sweden.......................      701-TA-231     50 F.R. 41547
8/17/93  Cold-rolled carbon steel flat products/Germany.......................      701-TA-340     58 F.R. 43756
8/17/93  Cold-rolled carbon steel flat products/Korea.........................      701-TA-342     58 F.R. 43752
8/19/93  Cold-rolled carbon steel flat products/Germany.......................      731-TA-604     58 F.R. 44170
8/19/93  Cold-rolled carbon steel flat products/Korea.........................      731-TA-607     58 F.R. 44159
8/19/93  Cold-rolled carbon steel flat products/Netherlands...................      731-TA-608     58 F.R. 44172
8/17/93  Corrosion-resistant carbon steel flat products/France................      701-TA-348     58 F.R. 43759
8/17/93  Corrosion-resistant carbon steel flat products/Germany...............      701-TA-349     58 F.R. 43756
8/17/93  Corrosion-resistant carbon steel flat products/Korea.................      701-TA-350     58 F.R. 43752
8/19/93  Corrosion-resistant carbon steel flat products/Australia.............      731-TA-612     58 F.R. 44161
8/19/93  Corrosion-resistant carbon steel flat products/Canada................      731-TA-614     58 F.R. 44162
8/19/93  Corrosion-resistant carbon steel flat products/France................      731-TA-615     58 F.R. 44169
8/19/93  Corrosion-resistant carbon steel flat products/Germany...............      731-TA-616     58 F.R. 44170
8/19/93  Corrosion-resistant carbon steel flat products/Japan.................      731-TA-617     58 F.R. 44163
8/19/93  Corrosion-resistant carbon steel flat products/Korea.................      731-TA-618     58 F.R. 44159
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    The Commission is conducting reviews to determine whether 
revocation of the orders would be likely to lead to continuation or 
recurrence of material injury to the domestic industry within a 
reasonably foreseeable time. It will assess the adequacy of interested 
party responses to this notice of institution to determine whether to 
conduct full reviews or expedited reviews. The Commission's 
determinations in any expedited reviews will be based on the facts 
available, which may include information provided in response to this 
notice.

Definitions

    The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are Australia, Belgium, 
Brazil, Canada, Finland, France, Germany, Japan, Korea, Mexico, 
Netherlands, Poland, Romania, Spain, Sweden, Taiwan, and United 
Kingdom.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
1979 antidumping determination concerning carbon steel plate from 
Taiwan, the Commission found one Domestic Like Product: Carbon steel 
plate. In its original 1985 countervailing duty determination 
concerning cold-rolled carbon steel flat products from Sweden, the 
Commission found one Domestic Like Product: cold-rolled carbon steel 
sheet. In its original 1993 determinations, the Commission found in the 
affirmative for four Domestic Like Products: (1) Cut-to-length plate, 
(2) cold-rolled carbon steel flat products, (3) corrosion-resistant 
carbon steel flat products other than clad plate, and (4) corrosion-
resistant clad plate. One Commissioner defined the Domestic Like 
Product differently. For purposes of this notice, you should report 
information separately on each of the following Domestic Like Products: 
(1) Carbon steel plate, (2) cut-to-length plate, (3) cold-rolled carbon 
steel flat products, (4) corrosion-resistant carbon steel flat products 
other than clad plate, and (5) corrosion-resistant clad plate.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original 1979 antidumping 
determination concerning carbon steel plate from Taiwan, the Commission 
found one regional Domestic Industry: producers of carbon steel plate 
located in the west coast States of California, Washington, and Oregon. 
Certain Commissioners defined the Domestic Industry differently. In its 
original 1985 countervailing duty determination concerning cold-rolled 
carbon steel flat products from Sweden, the Commission found one 
Domestic Industry: producers of cold-rolled carbon steel sheet. In its 
original 1993 determinations, the Commission found in the affirmative 
for four Domestic Industries: (1) Producers of cut-to-length plate, (2) 
Producers of cold-rolled carbon steel flat products, (3) producers of 
corrosion-resistant carbon steel flat

[[Page 47864]]

products other than clad plate, and (4) producers of corrosion-
resistant clad plate. One Commissioner defined the Domestic Industry 
differently. For purposes of this notice, you should report information 
separately on each of the following Domestic Industries: (1) Producers 
of carbon steel plate located in California, Washington, and Oregon, 
(2) producers of cut-to-length plate, (3) producers of cold-rolled 
carbon steel flat products, (4) producers of corrosion-resistant carbon 
steel flat products other than clad plate, and (5) producers of 
corrosion-resistant clad plate.
    (5) The Order Dates are the dates that the countervailing duty and 
antidumping duty orders under review became effective. In these 
reviews, the Order Dates are as shown in the preceding tabulation.
    (6) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.

Participation in the Reviews and Public Service List

    Persons, including industrial users of the Subject Merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in Sec. 201.11(b)(4) of the Commission's rules, no later than 
21 days after publication of this notice in the Federal Register. The 
Secretary will maintain a public service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
the reviews.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and APO Service List

    Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in these reviews available to authorized 
applicants under the APO issued in the reviews, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the reviews. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.

Certification

    Pursuant to Sec. 207.3 of the Commission's rules, any person 
submitting information to the Commission in connection with these 
reviews must certify that the information is accurate and complete to 
the best of the submitter's knowledge. In making the certification, the 
submitter will be deemed to consent, unless otherwise specified, for 
the Commission, its employees, and contract personnel to use the 
information provided in any other reviews or investigations of the same 
or comparable products which the Commission conducts under Title VII of 
the Act, or in internal audits and investigations relating to the 
programs and operations of the Commission pursuant to 5 U.S.C. Appendix 
3.

Written Submissions

    Pursuant to Sec. 207.61 of the Commission's rules, each interested 
party response to this notice must provide the information specified 
below. The deadline for filing such responses is October 21, 1999. 
Pursuant to Sec. 207.62(b) of the Commission's rules, eligible parties 
(as specified in Commission rule 207.62(b)(1)) may also file comments 
concerning the adequacy of responses to the notice of institution and 
whether the Commission should conduct expedited or full reviews. The 
deadline for filing such comments is November 12, 1999. All written 
submissions must conform with the provisions of Secs. 201.8 and 207.3 
of the Commission's rules and any submissions that contain BPI must 
also conform with the requirements of Secs. 201.6 and 207.7 of the 
Commission's rules. The Commission's rules do not authorize filing of 
submissions with the Secretary by facsimile or electronic means. Also, 
in accordance with Secs. 201.16(c) and 207.3 of the Commission's rules, 
each document filed by a party to the reviews must be served on all 
other parties to the reviews (as identified by either the public or APO 
service list as appropriate), and a certificate of service must 
accompany the document (if you are not a party to the reviews you do 
not need to serve your response).

Inability to Provide Requested Information

    Pursuant to Sec. 207.61(c) of the Commission's rules, any 
interested party that cannot furnish the information requested by this 
notice in the requested form and manner shall notify the Commission at 
the earliest possible time, provide a full explanation of why it cannot 
provide the requested information, and indicate alternative forms in 
which it can provide equivalent information. If an interested party 
does not provide this notification (or the Commission finds the 
explanation provided in the notification inadequate) and fails to 
provide a complete response to this notice, the Commission may take an 
adverse inference against the party pursuant to section 776(b) of the 
Act in making its determinations in the reviews.

Information To Be Provided in Response to This Notice of 
Institution

    Please provide the requested information separately for each 
Domestic Like Product, as defined above, and for each of the products 
identified by Commerce as Subject Merchandise. If you are a domestic 
producer, union/worker group, or trade/business association; import/
export Subject Merchandise from more than one Subject Country; or 
produce Subject Merchandise in more than one Subject Country, you may 
file a single response. If you do so, please ensure that your response 
to each question includes the information requested for each pertinent 
Subject Country. As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address if available) and name, telephone number, fax number, 
and E-mail address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product to which your response pertains, 
a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association, or another interested 
party (including an explanation). If you are a union/worker group or 
trade/business association, identify the firms in which your workers 
are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in these reviews by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
countervailing duty and antidumping duty orders on each Domestic 
Industry for which you are filing a response in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in Sec. 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely

[[Page 47865]]

impact of imports of Subject Merchandise on the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
each Domestic Like Product for which you are filing a response. 
Identify any known related parties and the nature of the relationship 
as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Countries that currently export or have exported Subject 
Merchandise to the United States or other countries since the year the 
petitions were filed. The Subject Merchandise, the Subject Countries, 
and the years the petitions were filed are listed below:

------------------------------------------------------------------------
            Subject Merchandise/Subject  Country(ies)              Years
------------------------------------------------------------------------
Carbon steel plate/Taiwan.......................................    1978
Cold-rolled carbon steel flat products/Sweden...................    1984
Cut-to-length carbon steel plate/Belgium, Brazil, Canada,           1992
 Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and
 United Kingdom.................................................
Cold-rolled carbon steel flat products/Germany, Korea, and          1992
 Netherlands....................................................
Corrosion-resistant carbon steel flat products/Australia,           1992
 Canada, France, Germany, Japan, and Korea......................
------------------------------------------------------------------------

    (7) If you are a U.S. producer of the Domestic Like Product, 
provide the following information separately on your firm's operations 
on each product during calendar year 1998 (report quantity data in 
short tons and value data in thousands of U.S. dollars, f.o.b. plant). 
If you are a union/worker group or trade/business association, provide 
the information, on an aggregate basis, for the firms in which your 
workers are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of each Domestic Like Product 
accounted for by your firm's(s') production;
    (b) The quantity and value of U.S. commercial shipments of each 
Domestic Like Product produced in your U.S. plant(s); and
    (c) The quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s).
    (8) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Countries, 
provide the following information on your firm's(s') operations on that 
product during calendar year 1998 (report quantity data in short tons 
and value data in thousands of U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis, 
for the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Countries accounted for by your firm's(s') imports;
    (b) The quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Countries; and
    (c) The quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from the Subject Countries.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Countries, provide the following information on your firm's(s') 
operations on that product during calendar year 1998 (report quantity 
data in short tons and value data in thousands of U.S. dollars, landed 
and duty-paid at the U.S. port but not including antidumping or 
countervailing duties). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Countries accounted for by your firm's(s') production; and
    (b) The quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Countries accounted for by your firm's(s') exports.
    (10) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for each Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Countries since the Order Dates, and 
significant changes, if any, that are likely to occur within a 
reasonably foreseeable time. Supply conditions to consider include 
technology; production methods; development efforts; ability to 
increase production (including the shift of production facilities used 
for other products and the use, cost, or availability of major inputs 
into production); and factors related to the ability to shift supply 
among different national markets (including barriers to importation in 
foreign markets or changes in market demand abroad). Demand conditions 
to consider include end uses and applications; the existence and 
availability of substitute products; and the level of competition among 
the Domestic Like Product produced in the United States, Subject 
Merchandise produced in the Subject Countries, and such merchandise 
from other countries.
    (11) (Optional) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec. 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: August 26, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-22788 Filed 8-31-99; 8:45 am]
BILLING CODE 7020-02-P