[Federal Register Volume 64, Number 219 (Monday, November 15, 1999)]
[Notices]
[Pages 61826-61833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29762]


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

DEPARTMENT OF COMMERCE

International Trade Administration
A-307-815


Notice of Preliminary Determination of Sales at Less Than Fair 
Value: Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products 
From Venezuela

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

EFFECTIVE DATE: November 15, 1999.

FOR FURTHER INFORMATION CONTACT: Maureen McPhillips or Linda Ludwig, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, DC, 20230; telephone: (202) 482-0193 or (202) 482-3833, 
respectively.

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce 
(Department) regulations are to the regulations at 19 CFR Part 351, 
(April, 1999).

Preliminary Determination

    We preliminarily determine that cold-rolled flat-rolled carbon-
quality steel products (cold-rolled steel products) from Venezuela are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV), as provided in section 733 of the Act. The estimated 
margin of sales at LTFV is shown in the ``Suspension of Liquidation'' 
section of this notice.

Case History

    On June 21, 1999, the Department initiated antidumping duty 
investigations of imports of certain cold-rolled flat-rolled carbon-
quality steel products from Argentina, Brazil, the People's Republic of 
China, Indonesia, Japan, the Russian Federation, Slovakia, South 
Africa, Taiwan, Thailand, Turkey, and Venezuela. See Notice of 
Initiation of Antidumping Duty Investigations: Certain Cold-Rolled 
Flat-Rolled Carbon-Quality Steel Products, 64 FR 34194 (June 25, 1999) 
(Initiation Notice). Since the initiation of this investigation, the 
following events have occurred:
    On June 21, 1999, the Department invited interested parties to 
submit comments on the proposed model match criteria. On June 28, 1999, 
Bethlehem Steel Corporation, Gulf States Steel, Inc., Ispat Inland, 
Inc., LTV Steel Company, Inc., National Steel Corporation, Steel 
Dynamics, Inc., U.S. Steel Group, a unit of USX Corporation, Weirton 
Steel Corporation, and United Steelworkers of America (collectively, 
``petitioners'') stated that we should revise the category 
``annealing'' to account more precisely for important differences in 
processing, pricing, functions, and customer expectations. In addition, 
petitioners recommended that the Department include an additional 
category under ``QUALITY,'' for motor lamination steels. On June 22, 
1999, the Department issued Section A of the antidumping duty 
questionnaire to Sidor, the only known exporter of subject merchandise 
in Venezuela. On July 9, 1999, the Department issued Sections B through 
E to Sidor. On July 16, 1999, the United States International Trade 
Commission (ITC) notified the Department of its affirmative preliminary 
injury determination in this case. The Department received Sidor's 
response to Section A of the questionnaire on July 20, 1999. 
Petitioners filed comments on Sidor's response to Section A on August 
3, 1999. The Department issued a supplemental questionnaire for Section 
A on August 24, 1999 in order to clarify and/or correct the information 
and data submitted in the original questionnaire. Sidor failed to 
respond to Sections B through D of the questionnaire and the 
Department's supplemental questionnaire for Section A.
    The Department set aside a period for all interested parties to 
raise issues regarding product coverage. From July through October 
1999, the Department

[[Page 61827]]

received responses from a number of parties including importers, 
respondents, consumers, and petitioners, aimed at clarifying the scope 
of the investigation. See Memorandum to Joseph A. Spetrini, November 1, 
1999 (Scope Memorandum) for a list of all persons submitting comments 
and a discussion of all scope comments. There are several scope 
exclusion requests for products which are currently covered by the 
scope of this investigation that are still under consideration by the 
Department. These items are considered to be within the scope for this 
preliminary determination; however, these requests will be reconsidered 
for the final determination. See Scope Memorandum.

Scope of Investigation

    For purposes of this investigation, the products covered are 
certain cold-rolled (cold-reduced) flat-rolled carbon-quality steel 
products, neither clad, plated, nor coated with metal, but whether or 
not annealed, painted, varnished, or coated with plastics or other non-
metallic substances, both in coils, 0.5 inch wide or wider, (whether or 
not in successively superimposed layers and/or otherwise coiled, such 
as spirally oscillated coils), and also in straight lengths, which, if 
less than 4.75 mm in thickness having a width that is 0.5 inch or 
greater and that measures at least 10 times the thickness; or, if of a 
thickness of 4.75 mm or more, having a width exceeding 150 mm and 
measuring at least twice the thickness. The products described above 
may be rectangular, square, circular or other shape and include 
products of either rectangular or non-rectangular 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.
    Specifically included in this scope are vacuum degassed, fully 
stabilized (commonly referred to as interstitial-free (``IF'')) steels, 
high strength low alloy (``HSLA'') steels, and 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. Motor lamination steels contain 
micro-alloying levels of elements such as silicon and aluminum.
    Steel products included in the scope of this investigation, 
regardless of definitions in the Harmonized Tariff Schedules of the 
United States (``HTSUS''), 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 exceeds the quantity, by weight, respectively 
indicated:

1.80 percent of manganese, or
2.25 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
0.10 percent of molybdenum, or
0.10 percent of niobium (also called columbium), 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 noted 
element levels listed above, are within the scope of this investigation 
unless specifically excluded. The following products, by way of 
example, are outside and/or specifically excluded from the scope of 
this investigation:
     SAE grades (formerly also called AISI grades) above 2300;
     Ball bearing steels, as defined in the HTSUS;
     Tool steels, as defined in the HTSUS;
     Silico-manganese steel, as defined in the HTSUS;
     Silicon-electrical steels, as defined in the HTSUS, that 
are grain-oriented;
     Silicon-electrical steels, as defined in the HTSUS, that 
are not grain-oriented and that have a silicon level exceeding 2.25 
percent;
     All products (proprietary or otherwise) based on an alloy 
ASTM specification (sample specifications: ASTM A506, A507);
     Silicon-electrical steels, as defined in the HTSUS, that 
are not grain-oriented and that have a silicon level less than 2.25 
percent, and
    (a) fully-processed, with a core loss of less than 0.14 watts/pound 
per mil (.001 inches), or
    (b) semi-processed, with core loss of less than 0.085 watts/pound 
per mil (.001 inches);
     Certain shadow mask steel, which is aluminum killed cold-
rolled steel coil that is open coil annealed, has an ultra-flat, 
isotropic surface, and which meets the following characteristics:

    Thickness: 0.001 to 0.010 inches
    Width: 15 to 32 inches

                          Chemical Composition:
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Element................................................                C
Weight %...............................................        < 0.002%
------------------------------------------------------------------------

     Certain flapper valve steel, which is hardened and 
tempered, surface polished, and which meets the following 
characteristics:

    Thickness: 1.0 mm
    Width: 152.4 mm

                                                                  Chemical Composition
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Element...........................  C                       Si                      Mn                      P                      S
Weight %..........................  0.90-1.05               0.15-0.35               0.30-0.50                0.03        0.006
--------------------------------------------------------------------------------------------------------------------------------------------------------


                          Mechanical Properties
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Tensile Strength.......................   162 Kgf/mm \2\.
Hardness...............................   475 Vickers
                                          hardness number.
------------------------------------------------------------------------


[[Page 61828]]


                           Physical Properties
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Flatness...............................  < 0.2% of nominal strip width.
------------------------------------------------------------------------

    Microstructure: Completely free from decarburization. Carbides are 
spheroidal and fine within 1% to 4% (area percentage) and are 
undissolved in the uniform tempered martensite.

                         Non-metallic Inclusion
------------------------------------------------------------------------
                                                               Area
                                                            percentage
------------------------------------------------------------------------
Sulfide Inclusion.......................................     
                                                                    0.04
Oxide Inclusion.........................................     
                                                                    0.05
------------------------------------------------------------------------

    Compressive Stress: 10 to 40 Kgf/mm \2\

                            Surface Roughness
------------------------------------------------------------------------
                 Thickness (mm)                   Roughness (m)
------------------------------------------------------------------------
t  0.209............................  Rz  0.5
0.209 < t  0.310....................  Rz  0.6
0.310 < t  0.440....................  Rz  0.7
0.440 < t  0.560....................  Rz  0.8
0.560 < t......................................  Rz  1.0
------------------------------------------------------------------------

     Certain ultra thin gauge steel strip, which meets the 
following characteristics:
    Thickness:  0.100 mm +/-7%.
    Width: 100 to 600 mm.

                                                                  Chemical Composition
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Element........................  C                    Mn                  P                   S                   Al                  Fe
Weight %.......................   0.07     0.2-0.5              0.05     0.05     0.07    Balance
--------------------------------------------------------------------------------------------------------------------------------------------------------


                          Mechanical Properties
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Hardness...............................  Full Hard (Hv 180 minimum).
Total Elongation.......................  < 3%
Tensile Strength.......................  600 to 850 N/mm \2\
------------------------------------------------------------------------


                           Physical Properties
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Surface Finish.........................   0.3 micron.
Camber (in 2.0 m)......................  < 3.0 mm.
Flatness (in 2.0 m)....................   0.5 mm.
Edge Burr..............................  < 0.01 mm greater than
                                          thickness.
Coil Set (in 1.0 m)....................  < 75.0 mm.
------------------------------------------------------------------------

     Certain silicon steel, which meets the following 
characteristics:
    Thickness: 0.024 inches +/-.0015 inches.
    Width: 33 to 45.5 inches.

                                                                  Chemical Composition
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Element........................  C                    Mn                  P                   S                   Si                  Al
Min. Weight%...................  ...................  ..................  ..................  ..................  0.65                ..................
 Max. Weight %.................  0.004                0.4                 0.09                0.009               ..................  0.4.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                          Mechanical Properties
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Hardness...............................  B 60-75 (AIM 65).
------------------------------------------------------------------------


                           Physical Properties
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Finish.................................  Smooth (30--60 microinches).
Gamma Crown (in 5 inches)..............  0.0005 inches, start measuring
                                          \1/4\ inch from slit edge.

[[Page 61829]]

 
Flatness...............................  20 I-UNIT max.
  Coating..............................  C3A-.08A max. (A2 coating
                                          acceptable).
Camber (in any 10 feet)................  \1/16\ inch.
Coil Size I.D..........................  20 inches.
------------------------------------------------------------------------


                           Magnetic Properties
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Core Loss (1.5T/60 Hz) NAAS............  3.8 Watts/Pound max.
Permeability (1.5T/60 Hz) NAAS.........  1700 gauss/oersted typical 1500
                                          minimum.
------------------------------------------------------------------------

     Certain aperture mask steel, which has an ultra-flat 
surface flatness and which meets the following characteristics:
    Thickness: 0.025 to 0.245 mm.
    Width: 381--1000 mm.

                                              Chemical Composition
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Element......................  C                           N                           Al
Weight %.....................  < 0.01                      0.004 to 0.007              < 0.007
----------------------------------------------------------------------------------------------------------------

     Certain tin mill black plate, annealed and temper-rolled, 
continuously cast, which meets the following characteristics:

                                                                  Chemical Composition
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Element......................  C            Mn           P            S           Si          Al          As          Cu          B           N
Min. Weight %................  0.02         0.20         ...........  ..........  ..........  0.03        ..........  ..........  .....       0.003
Max. Weight %................  0.06         0.40         0.02         0.023       0.03        0.08        0.02        0.08        .....       0.008
                                                                       (Aiming                 (Aiming                                         (Aiming
                                                                       0.018                   0.05)                                           0.005)
                                                                       Max.)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Non-metallic Inclusions: Examination with the S.E.M. shall not 
reveal individual oxides  1 micron (0.000039 
inches) and inclusion groups or clusters shall not exceed 5 microns 
(0.000197 inches) in length.
    Surface Treatment as follows: The surface finish shall be free of 
defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for 
nickel plating.

                                                 Surface Finish
----------------------------------------------------------------------------------------------------------------
                                                        Roughness, RA Microinches (Micrometers)
                                     ---------------------------------------------------------------------------
                                                 Aim                      Min.                     Max.
----------------------------------------------------------------------------------------------------------------
Extra Bright........................  5(0.1)                    0(0)                     7(0.2)
----------------------------------------------------------------------------------------------------------------

     Certain full hard tin mill black plate, continuously cast, 
which meets the following characteristics:

                                                                  Chemical Composition
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Element......................  C            Mn           P            S           Si          Al          As          Cu          B           N
Min. Weight %................  0.02         0.20         ...........  ..........  ..........  0.03        ..........  ..........  .....       0.003
Max. Weight %................  0.06         0.40         0.02         0.023       0.03        0.08        0.02        0.08        .....       0.008
                                                                       (Aiming                 (Aiming                                         (Aiming
                                                                       0.018                   0.05)                                           0.005)
                                                                       Max.)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Non-metallic Inclusions: Examination with the S.E.M. shall not 
reveal individual oxides > 1 micron (0.000039 inches) and inclusion 
groups or clusters shall not exceed 5 microns (0.000197 inches) in 
length.
    Surface Treatment as follows: The surface finish shall be free of 
defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for 
nickel plating.

                                                 Surface Finish
----------------------------------------------------------------------------------------------------------------
                                                        Roughness, RA Microinches (Micrometers)
                                     ---------------------------------------------------------------------------
                                                 Aim                      Min.                     Max.
----------------------------------------------------------------------------------------------------------------
Stone Finish........................  16(0.4)                   8(0.2)                   24(0.6)
----------------------------------------------------------------------------------------------------------------

     Certain ``blued steel'' coil (also know as ``steamed blue 
steel'' or ``blue oxide'') with a thickness and size of 0.38 mm x 940 
mm x coil, and with a bright finish;
     Certain cold-rolled steel sheet, which meets the following 
characteristics:

[[Page 61830]]

    Thickness (nominal):  0.019 inches
    Width: 35 to 60 inches

                                              Chemical Composition
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Element.............................  C                         O                        B
Max. Weight %.......................  0.004
Min. Weight %.......................  ........................  0.010                    0.012
----------------------------------------------------------------------------------------------------------------

     Certain band saw steel, which meets the following 
characteristics: Thickness:  1.31 mm.
    Width:  80 mm.

                                                                                      Chemical Composition
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Element........................  C                      Si                     Mn                     P                      S                      Cr                     Ni
Weight %.......................  1.2 to 1.3             0.15 to 0.35           0.20 to 0.35            0.03        0.007      0.3 to 0.5              0.25
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    Other properties:
    Carbide: fully spheroidized having > 80% of carbides, which are 
 0.003 mm and uniformly dispersed.
    Surface finish: bright finish free from pits, scratches, rust, 
cracks, or seams.
    Smooth edges:
    Edge camber (in each 300 mm of length):  7 mm arc 
height.
    Cross bow (per inch of width): 0.015 mm max.
    The merchandise subject to this investigation is typically 
classified in the HTSUS at subheadings: 7209.15.0000, 7209.16.0030, 
7209.16.0060, 7209.16.0090, 7209.17.0030, 7209.17.0060, 7209.17.0090, 
7209.18.1530, 7209.18.1560, 7209.18.2550, 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, 7211.23.6085, 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, 7225.19.0000, 7225.50.6000, 7225.50.7000, 
7225.50.8010, 7225.50.8085, 7225.99.0090, 7226.19.1000, 7226.19.9000, 
7226.92.5000, 7226.92.7050, 7226.92.8050, and 7226.99.0000.
    Although the HTSUS subheadings are provided for convenience and 
U.S. Customs Service (``U.S. Customs'') purposes, the written 
description of the merchandise under investigation is dispositive.

Period of Investigation

    The period of this investigation (POI) is April 1, 1998 through 
March 31, 1999.

Facts Available

    Section 776(a)(2) of the Act provides that if an interested party 
withholds information that has been requested by the Department, fails 
to provide such information in a timely manner, or in the form 
requested, significantly impedes a proceeding under the antidumping 
statute, or provides information that cannot be verified, the 
Department shall, subject to subsections 782(c)(1) and (e) of the Act, 
use facts otherwise available in reaching the applicable determination. 
Because Sidor failed to provide Section B (home market sales), Section 
C (U.S. sales), and Section D (cost of production) information, we must 
base its margin entirely on the facts otherwise available.
    Sidor submitted a response to Section A of the Department's 
questionnaire, but did not respond to Section B through D of the 
questionnaire in a timely manner. We note that although Sidor requested 
additional time to respond to these sections of our questionnaire, this 
request was denied because it was made after the deadline for response 
had already passed. See ``Letter to the Secretary of Commerce from 
Counsel for Sidor'', August 31, 1999 and ``Letter to Counsel for Sidor 
from the Department of Commerce'', September 3, 1999. In addition, 
Sidor failed to respond to the Department's supplemental Section A 
questionnaire of August 24, 1999. Because Sidor failed to respond to 
the required sections of the antidumping duty questionnaire, the 
Department finds the company has significantly impeded this 
investigation. Consequently, under sections 776(a)(2)(B) and (C) of the 
Act, the Department must use facts otherwise available in making its 
determination.
    In selecting from among the facts otherwise available, section 
776(b) of the Act authorizes the Department to use an adverse inference 
if the Department finds that a party has failed to cooperate by not 
acting to the best of its ability to comply with requests for 
information. See also Statement of Administrative Action (SAA) 
accompanying the URAA, H.R. Rep. No. 316, 103d Cong, 2d Sess. at 870 
(1994). Such adverse inference may include reliance on information 
derived from the petition. To determine whether the respondent 
``cooperated'' by ``acting to the best of its ability'' under section 
776(b), the Department considers, among other facts, the accuracy and 
completeness of submitted information and whether the respondent has 
hindered the calculation of accurate dumping margins. See, e.g., 
Certain Welded Carbon Steel Pipes and Tubes from Thailand; Final 
Results of Antidumping Duty Administrative Review, 62 FR 53808, 53819-
53820, (October 16, 1997); Brass Sheet and Strip from Germany; Final 
Results of Antidumping Duty Administrative Review, 63 FR 42823-42824 
(August 11, 1998).
    Sidor's complete refusal to reply to the Department's requests for 
home market and U.S. sales information and cost of production 
information demonstrates that Sidor has failed to act to the best of 
its ability in this investigation. Thus, the Department has determined 
that, in selecting among the facts otherwise available, an adverse 
inference is warranted with regard to Sidor. Consistent with Department 
practice in cases in which a respondent fails to cooperate to the best 
of its ability by refusing to respond to entire sections of the 
questionnaire, and pursuant to section 776(b)(1) of the Act, as facts 
available we have applied a margin based on the highest margin alleged 
in the petition. See, e.g., Notice of Final Determination of Sales at 
Less Than Fair Value: Certain Steel Concrete Reinforcing Bars From 
Turkey, 62 FR 9737-9738 (March 4, 1997).
    Section 776(c) of the Act requires the Department to corroborate, 
to the extent practicable, secondary information used as facts 
available. Secondary

[[Page 61831]]

information is described in the SAA (at 870) as ``[i]nformation derived 
from the petition that gave rise to the investigation or review, the 
final determination concerning the subject merchandise, or any previous 
review under section 751 concerning the subject merchandise.''
    The SAA further provides that ``corroborate'' means simply that the 
Department will satisfy itself that the secondary information to be 
used has probative value. See SAA at 870. Thus, to corroborate 
secondary information, to the extent practicable, the Department will 
examine the reliability and relevance of the information used.
    During the Department's pre-initiation analysis of the petition, we 
reviewed the adequacy and accuracy of the information in the petition, 
to the extent appropriate information was available for this purpose 
(e.g., import statistics, foreign market research reports, and data 
from U.S. producers). See Notice of Initiation and ``Import 
Administration AD Investigation Initiation Checklist,'' (June 21, 
1999). The estimated dumping margins of the petitioners were based on 
two price quotes from trading companies for sales to unaffiliated U.S. 
purchasers and import values declared to the U.S. Customs compared to 
two high and low ex-factory prices obtained from market research 
consultants. The Department determined the adequacy and accuracy of the 
information from which the petition margin was calculated by reviewing 
all of the data presented and by requesting clarification and 
confirmation from petitioners and their sources as needed. See 
Attachment B to the Initiation Checklist and Memorandum to the File: 
Telephone Conversation with Market Research Firm Regarding the Petition 
for the Imposition of Antidumping Duties (June 21, 1999). In addition, 
for purposes of this preliminary determination, the Department compared 
the export prices alleged by petitioners, based on price quotations 
obtained from trading companies, for sales to unaffiliated first 
purchasers with the average unit values of U.S. imports classified 
under the appropriate HTS number during the same months as the U.S. 
sales.
    We noted that the U.S. price quotes of the per unit values of the 
subject merchandise derived by petitioners were well within the range 
of the average unit values reported by U.S. Customs. U.S. official 
import statistics are sources which we consider to require no further 
corroboration by the Department. See Notice of Final Determination of 
Sales at Less Than Fair Value: Collated Roofing Nails From the People's 
Republic of China, 62 FR 51410, 51412 (October 1, 1997). The Department 
was provided no information by the respondents or other interested 
parties, and is aware of no other independent sources of information 
that would enable it to corroborate home market prices further for this 
preliminary determination. The implementing regulation to section 776 
of the Act, at 19 CFR 351.308(d), states ``[t]he fact that 
corroboration may not be practicable in a given circumstance will not 
prevent the Secretary from applying an adverse inference as appropriate 
and using the secondary information in question.'' We note also that 
the SAA at 870 specifically states that, where ``corroboration may not 
be practicable in a given circumstance'', the Department may 
nevertheless apply an adverse inference. Based on the above, we find 
that the estimated margins set forth in the petition have probative 
value.

The All-Others Rate

    The foreign manufacturer/exporter in this investigation is being 
assigned a dumping margin on the basis of facts otherwise available. 
Section 735(c)(5) of the Act provides that, where the dumping margins 
established for all exporters and producers individually investigated 
are determined entirely under section 776 of the Act, the Department 
may use any reasonable method to establish the estimated all-others 
rate for exporters and producers not individually investigated, 
including weight averaging the zero, de minimis, and the margins based 
on facts available. See also SAA at 873. In this case, the margin 
assigned to the only company investigated is based on adverse facts 
available. Therefore, consistent with the statute and the SAA, we are 
using an alternative method. As our alternative, we are basing the all 
others rate on a simple average of the margins in the petition. As a 
result, the all others rate is 42.93 percent.

Critical Circumstances

    On June 10, 1999, the petitioners made a timely allegation that 
there is a reasonable basis to believe or suspect that critical 
circumstances exist with respect to imports of subject merchandise from 
Venezuela. According to section 733(e)(1) of the Act, if critical 
circumstances are alleged under section 733(e) of the Act, the 
Department must examine whether there is a reasonable basis to believe 
or suspect that: (A)(i) There is a history of dumping and material 
injury by reason of dumped imports in the United States or elsewhere of 
the subject merchandise, or (ii) the person by whom, or for whose 
account, the merchandise was imported knew or should have known that 
the exporter was selling the subject merchandise at less than its fair 
value and there was likely to be material injury by reason of such 
sales, and (B) there have been massive imports of the subject 
merchandise over a relatively short period. Section 351.206(h)(1) of 
the Department's regulations provides that, in determining whether 
imports of the subject merchandise have been ``massive,'' the 
Department normally will examine: (i) The volume and value of the 
imports; (ii) seasonal trends; and (iii) the share of domestic 
consumption accounted for by the imports. In addition, section 
351.206(h)(2) of the Department's regulations provides that an increase 
in imports during the ``relatively short period'' described in section 
351.206(i) of over 15 percent may be considered ``massive.'' Section 
351.206(i) of the Department's regulations defines ``relatively short 
period'' normally as the period beginning on the date the proceeding 
begins (i.e., the date the petition is filed) and ending at least three 
months later.
    Because we are not aware of any antidumping order in any country on 
cold-rolled steel products from Venezuela, we find that there is no 
reasonable basis to believe or suspect that there is a history of 
dumping and material injury by reason of dumped imports in the United 
States or elsewhere of the subject merchandise. Therefore, we must look 
to whether there was importer knowledge under section 733(e)(1)(A)(ii).
    In determining whether there is a reasonable basis to believe or 
suspect that an importer knew or should have known that the exporter 
was selling the cold-rolled steel at less than fair value, the 
Department's normal practice is to consider EP sales margins of 25 
percent or more sufficient to impute knowledge of dumping. See Brake 
and Brake Rotors From the People's Republic of China, 62 FR 9160, 9164 
(February 28, 1997). As discussed above, we have applied, as adverse 
facts available for Sidor, the highest of the dumping margins presented 
in the petition and corroborated by the Department. Because this margin 
is in excess of 25 percent, we impute knowledge of dumping in regard to 
exports by Sidor. See Stainless Steel Sheet and Strip in Coils from 
Japan, 64 FR 30574 (June 8, 1999).
    Moreover, in determining whether there is a reasonable basis to 
believe or suspect that an importer knew or should have known that 
there was likely to be material injury by reason of dumped imports, the 
Department may look to the

[[Page 61832]]

preliminary injury determination of the ITC. See Brake and Brake Rotors 
from the PRC, 62 FR at 9164. If the ITC finds a reasonable indication 
of present material injury to the relevant U.S. industry, the 
Department normally determines that a reasonable basis exists to impute 
importer knowledge that there was likely to be material injury by 
reason of dumped imports. See Id. The ITC has found that a reasonable 
indication of present material injury exists in regard to Venezuela. 
See ITC Preliminary Determination. As a result, the Department has 
determined that there is a reasonable basis to believe or suspect that 
importers knew or should have known that there was likely to be 
material injury by reason of dumped imports from Sidor.
    In determining whether there are ``massive imports'' over a 
``relatively short period,'' the Department ordinarily bases its 
analysis on import data for at least the three months preceding (the 
``base period'') and following (the ``comparison period'') the filing 
of the petition. See 19 CFR 351.206(i). Imports normally will be 
considered massive when imports during the comparison period have 
increased by 15 percent or more compared to imports during the base 
period. See 19 CFR 351.206(h). However, as stated in the Department's 
regulations, at section 351.206(i), if the Secretary finds that 
importers, exporters, or producers had reason to believe, at some time 
prior to the beginning of the proceeding, that a proceeding was likely, 
then the Secretary may consider a period of not less than three months 
from that earlier time.
    Because Sidor did not respond fully to our antidumping 
questionnaire, we must base our determination regarding massive imports 
on the facts available. In this case, Sidor is the only known producer 
and exporter of subject merchandise from Venezuela, and U.S. Census 
data are reasonably specific to exports of subject merchandise from 
Venezuela. Therefore, we have determined that it is reasonable to use 
these data as facts available in this case.
    In the present case, petitioners argue that importers, exporters, 
or producers of cold-rolled steel had reason to believe that, based on 
press reports, an antidumping proceeding was likely long before the 
filing of the petition. To determine whether, prior to the filing of 
the petition, there was reason to believe that a proceeding was likely, 
the Department examined press reports in late 1998 regarding rising 
imports and the likelihood of anti-dumping actions against imports of 
cold-rolled steel to the United States. Press reports established that 
by the beginning of November 1998, importers, exporters, or producers 
knew or should have known that a proceeding was likely concerning cold-
rolled products from South America (see Journal of Commerce, November 
4, 1998). Because Venezuela is a major South American producer of cold-
rolled steel, we find such press reports sufficient to establish that, 
as of November 1998, importers, exporters or producers from Venezuela 
knew or should have known that a proceeding was likely concerning cold-
rolled products from Venezuela. Thus, the Department has determined 
that it is appropriate to compare imports before and after November 
1998 in our examination of whether there were massive imports, rather 
than compare imports before and after the date the petition was filed. 
The Department compared the import volumes from January-October 1998 to 
November 1998-August 1999, the maximum period for which we had reliable 
data in this case, and found that U.S. Census data shows more than a 
100 percent increase in imports of subject merchandise from Venezuela 
during this period. Thus, U.S. Census data indicate that imports from 
Venezuela, and thus imports from Sidor, the only known producer/
exporter of subject merchandise in Venezuela, were far above the 
minimum level normally considered ``massive'' by the Department. 
Therefore, pursuant to section 733(e) of the Act and section 351.206(h) 
of the Department's regulations, we preliminarily determine that there 
have been massive imports of cold-rolled steel from Sidor over a 
relatively short period of time. Accordingly, consistent with 
Department practice, we have determined that critical circumstances 
exist for Sidor.

All Others

    It is the Department's normal practice to conduct its critical 
circumstances analysis of companies in the ``all others'' group based 
on the experience of investigated companies. See Notice of Final 
Determination of Sales at Less Than Fair Value: Certain Steel Concrete 
Reinforcing Bars from Turkey (Rebars from Turkey), 62 FR 9737, 9741 
(March 4, 1997) (the Department found that critical circumstances 
existed for the majority of the companies investigated, and therefore 
concluded that critical circumstances also existed for companies 
covered by the ``all others'' rate). Where the dumping margins for all 
investigated respondents are based entirely on adverse facts available, 
however, the Department does not automatically extend an affirmative 
critical circumstances determination to companies covered by the ``all 
others'' rate. See Stainless Steel Sheet from Japan, 64 FR 30574 (June 
8, 1999). Instead, the Department considers the traditional critical 
circumstances criteria with respect to the companies covered by the 
``all others'' rate.
    Consistent with Stainless Steel from Japan, the Department has, in 
this case, applied the traditional critical circumstances criteria to 
the ``all others'' category for the antidumping investigation of cold 
rolled steel from Venezuela. First, the dumping margin for the ``all 
others'' category, 42.93 percent (see Suspension of Liquidation, 
below), exceeds the 25 percent threshold necessary to impute knowledge 
of dumping. Second, based on the ITC's preliminary material injury 
determination, we also find that importers knew or should have known 
that there would be material injury from sales of the dumped 
merchandise by respondents other than Sidor.
    However, the Department, in selecting the facts available, has not 
made an adverse inference that there are massive imports for the ``all 
others'' category in the Venezuela investigation. Since Sidor, the 
mandatory respondent, is currently the only known exporter of cold-
rolled steel in Venezuela, we have determined that the information 
available indicates no massive imports for the ``all others'' category. 
As a result, because the massive imports criterion necessary to find 
critical circumstances has not been met with respect to firms other 
than Sidor, the Department finds that critical circumstances do not 
exist for the ``all others'' category in the Venezuelan investigation.

Suspension of Liquidation

    In accordance with section 733(d) of the Act, we are directing U.S. 
Customs to suspend liquidation of all imports of subject merchandise 
that are entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register. 
In addition, for Sidor, we are directing U.S. Customs to suspend 
liquidation of all imports of subject merchandise that are entered, or 
withdrawn from warehouse, for consumption on or after the date that is 
90 days prior to the date of publication of this notice. We will 
instruct U.S. Customs to require a cash deposit or the posting of a 
bond equal to the percentage margin, as indicated in the chart below. 
These suspension-of-liquidation instructions will remain in

[[Page 61833]]

effect until further notice. The dumping margin is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
               Producer/manufacture exporter                    margin
                                                              (percent)
------------------------------------------------------------------------
Sidor......................................................        56.37
All Others.................................................        42.93
------------------------------------------------------------------------

    The all others rate, which we derived from the average of the 
margins calculated in the petition, applies to all entries of subject 
merchandise other than those exported by the named respondent.

ITC Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our determination. If our final determination is affirmative, 
the ITC will determine whether these imports are materially injuring, 
or threaten material injury, to the U.S. industry. The deadline for the 
ITC determination is the later of 120 days after the date of this 
preliminary determination or 45 days after the date of our final 
determination.

Public Comment

    Case briefs or other written comments in at least ten copies must 
be submitted to the Assistant Secretary for Import Administration no 
later than fifty days after the publication of this notice in the 
Federal Register. Rebuttal briefs must be filed no later than fifty-
five days after the publication of this notice in the Federal Register. 
A list of authorities used and an executive summary of issues should 
accompany any briefs submitted to the Department. Such a summary should 
be limited to five pages total, including footnotes. In accordance with 
section 774 of the Act, we will hold a public hearing, if requested, to 
afford interested parties an opportunity to comment on arguments raised 
in case or rebuttal briefs. If a request for a hearing is made in an 
investigation, the hearing will tentatively be held two days after the 
deadline for submission of the rebuttal briefs, at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue, N.W., Washington, 
D.C. 20230. Parties should confirm by telephone the time, date, and 
place of the hearing 48 hours before the scheduled time.
    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, U.S. Department of Commerce, Room 
1870, within 30 days of the publication of this notice. Requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of the issues to be discussed. 
Oral presentations will be limited to issues raised in the briefs.
    If this investigation proceeds normally, we will make our final 
determination within 75 days after the date of this preliminary 
determination.
    This determination is issued and published in accordance with 
sections 733(d ) and 777(i)(1) of the Act.

    Dated: November 1, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-29762 Filed 11-12-99; 8:45 am]
BILLING CODE 3510-DS-P