[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Pages 5500-5510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1845]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-821-810


Suspension of Antidumping Duty Investigation: Cold-Rolled Flat-
Rolled Carbon-Quality Steel Products From the Russian Federation

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

SUMMARY:  The Department of Commerce (``the Department'') has suspended 
the antidumping duty investigation involving cold-rolled flat-rolled 
carbon-quality steel products (``cold-rolled steel'') from the Russian 
Federation (``Russia''). The basis for this action is an agreement 
between the Department and the Ministry of Trade of the Russian 
Federation (``MOT'') accounting for substantially all imports of cold-
rolled steel from Russia, wherein the MOT has agreed to restrict 
exports of cold-rolled steel from all Russian producers/exporters to 
the United States and to ensure that such exports are sold at or above 
the agreed reference price.

EFFECTIVE DATE:  January 13, 2000.

FOR FURTHER INFORMATION CONTACT:  Jean Kemp or Maria Dybczak at (202) 
482-4037 and (202) 482-5811, respectively, Antidumping and 
Countervailing Duty Enforcement Group III, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 21, 1999, the Department initiated an antidumping duty 
investigation under section 732 of the Tariff Act of 1930 (``the 
Act''), as amended, to determine whether imports of cold-rolled steel 
from Russia are being, or are likely to be, sold in the United States 
at less than fair value (64 FR 34194). On July 16, 1999, the United 
States International Trade Commission (``ITC'') notified the Department 
of its affirmative preliminary finding of threat of material injury in 
this case (see ITC Investigation Nos. 701-TA-393-396 and 731-TA-829-
840). On November 10, 1999, the Department published its preliminary 
determination that cold-rolled steel is being, or is likely to be, sold 
in the United States at less than fair value (``LTFV''), as provided in 
section 733 of the Act (64 FR 61261).
    The Department and MOT initialed a proposed agreement suspending 
this investigation on December 10, 1999, at which time we invited 
interested parties to provide written comments on the agreement. We 
received comments from petitioners (Bethlehem Steel Corp., Gulf States 
Steel Inc., Ispat Inland Inc., LTV Steel Company, Inc., National Steel 
Corp., Steel Dynamics Inc., U.S. Steel Group (a Unit of USX Corp.), 
Weirton Steel Corporation, and Independent Steelworkers Union) on 
December 29, 1999. We have taken these comments into account in the 
final version of the suspension agreement.
    The Department and MOT signed the final suspension agreement on 
January 13, 2000.

Scope of Investigation

    For a complete description of the scope of the investigation, see 
Agreement Suspending the Antidumping Investigation on Cold-Rolled Flat-
Rolled Carbon Quality Steel Products from the Russian Federation, 
Appendix III, signed January 13, 2000, attached hereto.

Suspension of Investigation

    The Department consulted with the parties to the proceeding and has 
considered the comments submitted with respect to the proposed 
suspension agreement. In accordance with section 734(l) of the Act, we 
have determined that the agreement will prevent the suppression or 
undercutting of price levels of domestic products by imports of the 
merchandise under investigation (see Price Suppression Memorandum, 
dated January 13, 2000), that the agreement is in the public interest, 
and that the agreement can be monitored effectively (see Public 
Interest Memorandum, dated January 13, 2000). We find, therefore, that 
the criteria for suspension of an investigation pursuant to section 
734(l) of the Act have been met. The terms and conditions of this 
agreement, signed January 13, 2000, are set forth in Appendix 1 to this 
notice.
    Pursuant to section 734(f)(2)(A) of the Act, the suspension of 
liquidation of all entries of cold-rolled steel from Russia entered, or 
withdrawn from warehouse, for consumption, as directed in our notice of 
Preliminary Determination of Sales at Less than Fair Value: Cold-Rolled 
Flat-Rolled Carbon Quality Steel Products from the Russian Federation 
(64 FR 61261 (November 10, 1999)), is hereby terminated.
    Any cash deposits on entries of cold-rolled steel from Russia 
pursuant to that suspension of liquidation shall be refunded and any 
bonds shall be released.
    This notice is published pursuant to section 734(f)(1)(A) of the 
Act.


[[Page 5501]]


    Dated: January 18, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.

Appendix 1--Agreement Suspending the Antidumping Investigation on Cold-
Rolled Flat-Rolled Carbon-Quality Steel Products From the Russian 
Federation

    For the purpose of encouraging free and fair trade in certain 
Cold-Rolled Flat-Rolled Carbon Quality Steel Products (``Cold-Rolled 
Steel'') from the Russian Federation (``Russia''), establishing more 
normal market relations, and preventing the suppression or 
undercutting of price levels of the like product in the United 
States, the United States Department of Commerce (``DOC'') and the 
Ministry of Trade of the Russian Federation (``MOT'') of Russia 
enter into this suspension agreement (``the Agreement'').
    MOT will restrict exports of Cold-Rolled Steel from all Russian 
producers and exporters to the United States, as provided below. 
DOC, pursuant to the U.S. antidumping law (see Appendix II), on the 
Effective Date of this Agreement, will suspend its antidumping 
investigation of Cold-Rolled Steel from Russia and instruct the U.S. 
Customs Service (``Customs'') immediately to terminate the 
suspension of liquidation and release any cash deposit or bond 
posted for entries of Cold-Rolled Steel covered by this Agreement.
    Accordingly, DOC and 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 official statistics of the 
U.S. Bureau of the Census regarding imports and exports, and data 
from the American Iron and Steel Institute regarding domestic 
shipments, based on the methodology described in Appendix IV of this 
Agreement.
    B. ``Date of Export'' of Cold-Rolled Steel into the United 
States shall be the date on which MOT issued the Export License.
    C. ``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.
    D. ``Effective Date'' of this Agreement means [Signature Date].
    E. ``Export License'' is the document issued by MOT that serves 
as both an export limit certificate and a certificate of origin.
    F. ``Cold-Rolled Steel'' means the certain cold-rolled, flat-
rolled, carbon quality steel products from Russia described in 
Appendix III.
    G. ``Indirect Exports'' means exports of Cold-Rolled Steel from 
Russia to the United States through one or more third countries, 
whether or not such exports are further processed, provided that the 
further processing does not result in a substantial transformation 
or a change in the country of origin.
    H. ``Party to the Proceeding'' means any producer, exporter, or 
importer of Cold-Rolled Steel, union of workers engaged in the 
production of Cold-Rolled Steel, association of such parties, or the 
government of any country from which such merchandise is exported, 
that actively participated in the antidumping investigation, through 
written submission of factual information or written argument, as 
described in more detail in Appendix II.
    I. ``Export Limit Period'' means one of the following periods:
    Initial Export Limit Period--The Initial Export Limit Period 
shall begin on January 1, 2000, and end on December 31, 2000.
    Subsequent Export Limit Periods--The Subsequent Export Limit 
Periods shall consist of each subsequent one-year period, the first 
of which will begin the day after the Initial Export Limit Period 
ends and end one year later.
    J. ``Reference Price'' means the floor price calculated by DOC 
for sales of Cold-Rolled Steel for export to the United States, as 
described in Article III.
    K. ``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.
    L. ``U.S. Purchaser'' means the first purchaser in the United 
States that is not affiliated with the Russian producer or exporter 
and all subsequent purchasers, from trading companies to consumers.
    M. ``Violation'' means noncompliance with the terms of this 
Agreement, whether through an act or omission, except for 
noncompliance that is inconsequential, inadvertent, or does not 
substantially frustrate the purposes of this Agreement.

II. Export Limits

    A. No Cold-Rolled Steel covered by this Agreement, whether 
exported directly or indirectly from Russia, shall be entered into 
the United States unless, when cumulated with all prior entries of 
Cold-Rolled Steel exported from Russia during the Export Limit 
Period in which that Cold-Rolled Steel was exported, it does not 
exceed the export limits set forth below.
    1. The export limit for the Initial Export Limit Period (January 
1, 2000, to December 31, 2000) shall be 340,000 metric tons of Cold-
Rolled Steel.
    2. The export limit for each subsequent Export Limit Period will 
be adjusted by:
    (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 Cold-Rolled 
Steel during the most recent 12 months for which data are available 
at the time the DOC makes this calculation, compared to the previous 
12 months (as described in Appendix IV).
    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.
    B. When Cold-Rolled Steel is imported into the United States and 
is subsequently re-exported, or re-packaged and re-exported, or 
further processed (but still covered by this Agreement) and re-
exported, the amount re-exported shall be deducted from the amounts 
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.
    C. MOT will not issue Export Licenses authorizing the 
exportation to the United States of Cold-Rolled Steel covered by 
this Agreement in any half of any Export Limit Period that exceeds 
60 percent of the export limit for that Export Limit Period.
    D. Notwithstanding any other provision of this Agreement, except 
Paragraph IV.B., up to 15 per cent of the export limit for 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 
Export Limit Period may be carried back to the last 60 days of the 
previous Export Limit Period. Any carried over or carried back 
allowance shall be counted against the export limit for the previous 
or subsequent Export Limit Period, respectively.
    E. If DOC receives information indicating that Cold-Rolled Steel 
from Russia may have entered into the United States in excess of the 
export limits established in Paragraph II.A or below the reference 
price established in Paragraph III.C, DOC shall notify MOT of those 
entries and provide to MOT all of the information concerning those 
entries that DOC is able to disclose consistent with U.S. law. MOT 
shall respond within 15 days. If the information continues to 
indicate that these entries were in excess of the export limits or 
below the reference price, DOC shall provide MOT with an opportunity 
for prompt consultations, which shall be completed within 60 days 
after DOC's initial notification. Once the consultations have been 
completed, unless DOC concludes that the entries were not in excess 
of the export limits or below the reference price, DOC shall count 
against the export limit for either the current or subsequent Export 
Limit Period, as appropriate, 125 percent of the volume of the 
entries in excess of the export limits or below the reference price. 
When a Russian producer or exporter was responsible for the entries 
in excess of the export limits or below the reference price, MOT 
shall deny that producer or exporter Export Licenses for six months 
following the last date of entry. When any other entity was involved 
with the entries in excess of the export limits or below the 
reference price, MOT shall, for one year after the last date of 
entry, deny Export Licenses for the distribution of any Cold-Rolled 
Steel involving that entity. The provisions of this section do not 
supercede the provisions of Article IX of this Agreement if DOC 
determines that the entries were in excess of the export limits or 
below the reference price.

III. Reference Price

    A. MOT will ensure that Cold-Rolled Steel covered by this 
Agreement will not be sold

[[Page 5502]]

at a price below the reference price in effect on the Date of Sale.
    B. DOC shall issue Reference Prices for each quarter of each 
calendar year 30 days before the beginning of that quarter.
    C. The Reference Prices for the first quarter of the Initial 
Export Limit Period shall be as follows:

------------------------------------------------------------------------
                                                              Price per
                          Grade(s)                            metric ton
------------------------------------------------------------------------
A611 (full-hard material only) \1\.........................         $340
A366, A691.................................................          345
A619, A620.................................................          352
------------------------------------------------------------------------
\1\ The Reference Price for A611 material is for Grade E full-hard
  carbon cold-rolled sheet meeting this specification. All other Cold-
  Rolled Steel meeting this specification may not be exported until such
  time as DOC and MOT agree, after consultations, upon a Reference Price
  for such material.

    D. Until such time as DOC and MOT agree, after consultations, 
upon Reference Prices for other grades of Cold-Rolled Steel, only 
the above grades may be exported to the United States. Consultations 
regarding Reference Prices for other grades of Cold-Rolled Steel 
shall be held within 30 days of a request and shall be completed 
within 15 days.
    E. Thirty days before the start of each quarter of each Export 
Limit Period (beginning with the second quarter of 2000) the 
Reference Price will be increased or decreased to reflect the change 
in the weighted-average unit import values for Cold-Rolled Steel 
from all countries not subject to antidumping duty orders or 
investigations over the most recent three months for which data is 
available, as compared to the previous three months. If the 
weighted-average unit import value for such Cold-Rolled Steel during 
the last of those three months has risen or fallen by more than six 
percent from the average of the first two of those months, the 
Reference Price will be adjusted on the basis of the last month, but 
that adjustment may not raise or lower the Reference Price by more 
than 10 percent. The source of the unit import values will be 
publicly available import statistics from the U.S. Bureau of the 
Census. DOC will provide MOT with the worksheets supporting its 
calculation of each quarterly Reference Price at the time it 
provides the Reference Price to MOT.
    F. Reference Prices are F.O.B. port of export. If the sale for 
export is on terms other than F.O.B. port of export, MOT will ensure 
that the F.O.B. port of export price is not lower than the Reference 
Price.

IV. Implementation

    A. The United States shall require presentation of an original 
stamped Export License as a condition for entry into the United 
States of Cold-Rolled Steel covered by this Agreement, except where 
there are multiple shipments under a single license. For multiple 
shipments at multiple ports or multiple entries at one port, the 
original license shall be presented with the first entry and the 
volume entered at that time will be noted on the original license. 
Customs will provide the importer with a certified copy for 
presentation to Customs with the importer's next entry under that 
license. Subsequent entries at that port can be made from copies of 
the original which reflect all of the deductions made from the 
original license.
    B. Export Licenses must contain, for each grade of Cold-Rolled 
Steel covered by the license, the quantity in metric tons, 
dimensions (gauge, width, and length (in the case of coils, length, 
if appropriate)) unit price, and F.O.B. sales value. If necessary, 
additional information may be included on the Export License or, if 
necessary, a separate page attached to the Export License. DOC will 
deduct the quantity listed on each Export License from the export 
limit for the Export Limit Period in which the Date of Export falls. 
However, if the bills of lading for all of the shipments under an 
Export License establish that the actual imports into the United 
States under that license were less than the total volume listed on 
the license, DOC will reflect the actual amount as having been 
deducted from the volume listed on the export license, but, 
notwithstanding the carry-over and carry-back limitations in 
Paragraph II.D, will authorize MOT to issue a new Export License in 
the same or Subsequent Export Licensing Period authorizing 
additional exports equal in volume to the volume of the 
undershipment. Exports under such additional licenses will be 
counted against the export limit for the Export Limit Period 
containing the Date of Export of the undershipment. Prior to 
utilizing any such undershipment, MOT shall notify DOC of the Export 
License(s) under which the undershipment occurred, the Date of 
Export recorded on the License(s), the amount of the undershipment, 
and provide DOC with no less than 30 days to confirm the 
undershipment volume. The United States will prohibit the entry of 
any Cold-Rolled Steel from Russia not accompanied by an original 
stamped Export License, except as provided in Paragraph IV.A.\2\
---------------------------------------------------------------------------

    \2\ The validity of an Export License will not be affected by a 
subsequent change of an HTS number.
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    C. 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 steel subject to this Agreement is exported 
from Russia for entry into the United States during any Export Limit 
Period that exceeds the export limit for that Export Limit Period or 
that is priced below the Reference Price in effect on the date of 
sale.
    2. Establish an export limit licensing and enforcement program 
for all direct and indirect exports of Cold-Rolled Steel to the 
United States no later than 30 days after the Effective Date.
    3. Require that applications for Export Licenses be accompanied 
by a report containing all of the information listed in part A of 
Appendix I (Exports to the United States).
    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 entry into the 
United States for six months. DOC and MOT may agree to an extension 
of the validity of the Export License 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 Cold-Rolled Steel is accepted by a transportation 
company, as indicated in the bill of lading or a comparable 
transportation document, for export.
    8. Collect all existing information from all Russian producers, 
exporters, brokers, if applicable, traders of Cold-Rolled Steel, and 
their relevant affiliated parties, as well as relevant trading 
companies/resellers utilized by Russian producers, on the sale of 
Cold-Rolled Steel, and report such information pursuant to Article 
VI of this Agreement.
    9. Permit full verification of all information related to the 
administration of this Agreement on an annual basis or more 
frequently, as DOC deems necessary, to ensure that MOT is in full 
compliance with this Agreement and that all Russian producers and 
exporters are in compliance with the requirements that MOT has 
placed upon them under this Agreement. This requirement applies to 
both Russian State documents and non-State documents, such as sales 
contracts. In the course of verification, DOC will examine documents 
that record the description of products exported to the United 
States, including dimensions (gauge, width, and length) and heat 
numbers. Such verifications will take place in association with 
scheduled consultations whenever possible.
    10. 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 Cold-Rolled Steel, their 
relevant affiliated parties, and any relevant trading company or 
reseller utilized by a Russian producer to make sales to the United 
States.
    11. Impose strict measures, such as prohibition from 
participation in the export limits allowed by the Agreement, in the 
event that any Russian entity does not comply in full with the 
requirements established by MOT pursuant to this Agreement.

V. Anticircumvention

    A. MOT will take all necessary measures to prevent circumvention 
of this Agreement, including at least the following:
    1. Require that all Russian exporters of Cold-Rolled Steel 
agree, as a condition of being permitted to export any Cold-Rolled 
Steel, regardless of destination, not to engage in any of the 
following activities:
    a. Exporting to the United States Cold-Rolled Steel subject to 
this Agreement that is not accompanied by an Export License issued 
pursuant to this Agreement.
    b. Transshipping Cold-Rolled Steel that is subject to this 
Agreement to the United States

[[Page 5503]]

through third countries unaccompanied by an Export License.
    c. Arranging for processing of Cold-Rolled Steel subject to this 
Agreement either in Russia or in any third country for exportation 
to the United States not accompanied by an Export License, but only 
if such processing is covered by the definition of ``indirect 
exports'' in Paragraph I.G.
    d. Exchanging (``swapping'') Cold-Rolled Steel subject to this 
Agreement for non-subject Cold-Rolled Steel, so as to cause the non-
subject steel to be entered into the United States in place of the 
subject Cold-Rolled Steel, thereby evading the export limits under 
this Agreement. ``Swaps'' include, but are not limited to:
    i. Ownership swaps--involve the exchange of ownership of Cold-
Rolled Steel without physical transfer. These may include exchange 
of ownership of Cold-Rolled Steel in different countries, so that 
the parties obtain ownership of products located in different 
countries, or exchange of ownership of Cold-Rolled Steel produced in 
different countries, so that the parties obtain ownership of 
products of different national origin.
    ii. Flag swaps--involve the exchange of indicia of national 
origin of Cold-Rolled Steel, without any exchange of ownership.
    iii. Displacement Swaps--involve the sale or delivery of Cold-
Rolled Steel from Russia to an intermediary country (or countries) 
which, regardless of the sequence of events, results in the ultimate 
sale or delivery into the United States of displaced cold-rolled 
steel, where the Russian exporter knew or had reason to know that 
the export sale would have that result.
    2. Require that all Russian exporters of Cold-Rolled Steel 
agree, as a condition of being permitted to export any Cold-Rolled 
Steel, regardless of destination, to require all of their customers 
to agree, as part of the contract for sale:
    a. Not to engage in any of the activities listed in Paragraph 
V.A.1 of this Agreement. This requirement does not apply to exports 
to the United States that are accompanied by a valid Export License.
    b. To include that same requirement in any subsequent contracts 
for the sale or transfer of such steel, and to report to MOT 
subsequent arrangements entered into for the sale, transfer 
exchange, or loan to the United States of Cold-Rolled Steel covered 
by this Agreement.
    3. When MOT has received an allegation that circumvention has 
occurred, including an allegation from DOC, MOT shall promptly 
initiate an inquiry, normally complete the inquiry within 45 days 
and notify DOC of the results of the inquiry within 15 days after 
the conclusion of the inquiry.
    4. If MOT determines that a Russian entity has participated in a 
transaction circumventing this Agreement, MOT shall impose penalties 
upon such company including, but not limited to, denial of access to 
export certificates for Cold-Rolled Steel under this Agreement.
    5. If MOT determines that a Russian entity has participated in 
the circumvention of this Agreement, MOT shall count against the 
export limit for the Export Limit Period in which the circumvention 
took place an amount of Cold-Rolled Steel equivalent to the amount 
involved in such circumvention and shall immediately notify DOC of 
the amount deducted. If sufficient tonnage is not available in the 
current Export Limit Period, then the remaining amount shall be 
deducted from the subsequent Export Limit Period or Periods.
    6. If MOT determines that a company from a third country has 
circumvented the Agreement and DOC and MOT agree that no Russian 
entity participated in or had knowledge of such activities, then the 
Parties shall hold consultations for the purpose of sharing 
information regarding such circumvention and reaching mutual 
agreement on the appropriate measures to be taken to eliminate such 
circumvention. If the Parties are unable to reach mutual agreement 
within 45 days, then DOC may take appropriate measures, such as 
deducting the amount of Cold-Rolled Steel involved in such 
circumvention from the export limit for the then-current Export 
Limit Period or a subsequent Period. Before taking such measures, 
DOC will notify MOT of the facts and reasons constituting the basis 
for DOC's intended action and will afford MOT 15 days in which to 
comment.
    B. DOC will direct the U.S. Customs Service to require all 
importers of Cold-Rolled Steel into the United States, regardless of 
the stated country of origin of those imports, to submit a written 
statement, on the last day of every quarter, listing all entries of 
such merchandise and certifying that the Cold-Rolled Steel imported 
during that quarter was not obtained under any arrangement in 
circumvention of this Agreement. Where DOC has reason to believe 
that such a certification has been made falsely, DOC will refer the 
matter to the U.S. Customs Service or U.S. Department of Justice for 
further action.
    C. DOC will investigate any allegations of circumvention which 
are brought to its attention, both by asking MOT to investigate such 
allegations and by itself gathering relevant information. MOT will 
respond to requests from DOC for information relating to the 
allegations under Paragraph VI.A.4. In distinguishing normal 
arrangements, swaps, or other exchanges in the Cold-Rolled Steel 
market from arrangements, swaps, or other exchanges which would 
result in the circumvention of the export limits established by this 
Agreement, DOC will take the following factors into account:
    1. Existence of any verbal or written arrangement leading to 
circumvention of this Agreement;
    2. Existence and function of any subsidiaries or affiliates of 
the parties involved;
    3. Existence and function of any historical and traditional 
patterns of production and trade among the parties involved, and any 
deviation from such patterns;
    4. Existence of any payments unaccounted for by previous or 
subsequent deliveries, or any payments to one party for Cold-Rolled 
Steel delivered or swapped by another party;
    5. Sequence and timing of the arrangements; and
    6. Any other information relevant to the transaction or 
circumstances.
    D. In the event that DOC determines that a Russian entity has 
participated in circumvention of this Agreement, DOC and MOT shall 
hold consultations for the purpose of sharing evidence regarding 
such circumvention and reaching mutual agreement on an appropriate 
resolution of the problem. If DOC and MOT are unable to reach mutual 
agreement within 60 days, DOC may take appropriate measures, such as 
deducting the amount of Cold-Rolled Steel involved in such 
circumvention from the export limit for the current Export Limit 
Period (or, if necessary, the Subsequent Export Limit Period) or 
instructing the U.S. Customs Service to deny entry to any Russian 
Cold-Rolled Steel sold by the entity found to be circumventing the 
Agreement. Before taking such measures, DOC will notify MOT of the 
basis for DOC's intended action and will afford MOT 30 days in which 
to comment. DOC will enter its determinations regarding 
circumvention into the record of the Agreement. MOT may request an 
extension of up to15 days for any of the deadlines mentioned in this 
Article.

VI. Monitoring and Notifications

    A. MOT will collect and provide to DOC such information as is 
necessary and appropriate to monitor the implementation of, and 
compliance with, this Agreement, including the following:
    1. Thirty days following the allocation of export rights for any 
Export Limit Period, MOT shall notify DOC of each allocation 
recipient and the volume granted to each recipient. MOT also shall 
inform DOC of any changes in the volume allocated to individual 
quota recipients within 60 days of the date on which such changes 
become effective.
    2. MOT shall collect and provide to DOC information on exports 
to the United States in the format in Appendix I to this Agreement, 
and on the aggregate quantity and value of exports of Cold-Rolled 
Steel to all other countries. In addition to this information, upon 
request by DOC, MOT will also provide a list of heat numbers for 
each shipment to the United States. This information will be subject 
to verification. This information will be based on semi-annual 
periods (January 1 through June 30 and July 1 through December 31), 
and will be provided no later than 90 days following the end of each 
half-year period, beginning on September 30, 2000.
    3. Upon request by DOC, and subject to the provisions of 
Paragraph VII.A, MOT shall also collect and provide to DOC, within 
45 days of the request, transaction-specific data for sales of Cold-
Rolled Steel within the Russian home market or to any third country 
or countries, in the format provided in Appendix I.
    4. Within 15 days of a request from DOC for information 
concerning alleged circumvention or other violation of this 
Agreement, MOT shall share with DOC all information received or 
collected by MOT regarding its inquiries, its analysis of such 
information, and the results of such inquiries.
    5. MOT will inform DOC of any violations of any provisions of 
this Agreement that

[[Page 5504]]

come to its attention and of the measures taken with respect 
thereto.
    6. MOT and DOC recognize that the effective monitoring of this 
Agreement may require that MOT provide information additional to 
that identified above. Accordingly, after consulting with MOT, DOC 
may establish additional reporting requirements consistent with the 
U.S. antidumping law, as appropriate, during the course of this 
Agreement. MOT shall also collect and provide to DOC, within 45 days 
of the request, any such additional information requested by DOC.
    B. MOT may request an extension of up to 30 days of any deadline 
in this Article.
    C. DOC may disregard any information submitted after the 
deadlines set forth in this Article or any information which it is 
unable to verify to its satisfaction.
    D. DOC shall provide MOT with the following information relating 
to implementation and enforcement of this Agreement.
    1. Semi-annual reports indicating the volume of U.S. imports of 
Cold-Rolled Steel subject to this Agreement, together with such 
additional information as is necessary and appropriate to monitor 
compliance with the export limits. Such reports and information 
shall be provided within 120 days after the end of the last semi-
annual period.
    2. Notice of any violations of any term of this Agreement.
    E. DOC will also monitor the following information relevant to 
this Agreement, and provide such information that is public to MOT 
upon request.
    1. Publicly available data as well as U.S. Customs entry 
summaries and other official import data from the U.S. Bureau of the 
Census, on a monthly basis, to determine whether there have been 
imports that are inconsistent with the provisions of this Agreement.
    2. U.S. Bureau of the Census computerized records, which include 
the quantity and value of each entry. Because these records do not 
provide other specific entry information, such as the identity of 
the producer/exporter which may be responsible for such sales, DOC 
may request the U.S. Customs Service to provide such information. 
DOC may request other additional documentation from the U.S. Customs 
Service.
    F. DOC may also request the U.S. Customs Service to direct ports 
of entry to forward an Antidumping Report of Importations for 
entries of Cold-Rolled Steel during the period this Agreement is in 
effect.

VII. Disclosure and Comment

    A. DOC shall make available to representatives of each Party to 
the Proceeding, under appropriately-drawn administrative protective 
orders consistent with U.S. laws and regulations, business 
proprietary information submitted to DOC semi-annually or upon 
request pursuant to this Agreement, and in any administrative review 
of this Agreement.
    B. Not later than 45 days after the date of disclosure under 
Paragraph VII.A, the Parties to the Proceeding may submit written 
comments to DOC, not to exceed 30 pages.
    C. At the end of each Export Limit Period, each Party to the 
Proceeding may request a hearing on issues raised during the 
preceding Export Limit Period. If such a hearing is requested, it 
will be conducted in accordance with U.S. laws and regulations.

VIII. Consultations

    A. If, in response to a request by MOT at any time, DOC 
determines that the Reference Price calculated under Article III 
prevents Russian producers from participating in the U.S. market, 
MOT and DOC will promptly enter into consultations in order to 
review the market situation and the appropriateness of the Reference 
Price level.
    B. MOT and DOC shall hold consultations concerning the 
implementation, operation (including the calculation of Reference 
Prices) and enforcement of this Agreement each year during the 
anniversary month of this Agreement.
    C. Additional consultations on any aspect of this Agreement 
shall be held as soon as possible, but no later than 30 days, after 
a request by either MOT or DOC.
    D. If DOC receives information indicating that there has been a 
violation of this Agreement, DOC shall promptly request special 
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.
    E. Two years after the effective date of this Agreement, DOC and 
MOT shall enter into additional consultations to review the extent 
to which this Agreement is accomplishing the purposes set forth in 
the preamble and make any revisions consistent with U.S. law that 
are appropriate in light of their mutual conclusions.

IX. Violations

    A. DOC will investigate any information relating to 
circumvention or other violations of this Agreement which is brought 
to its attention, both by asking MOT to investigate such allegations 
and by itself gathering relevant information. Prior to making a 
determination that a violation has occurred, DOC will engage in 
consultations with MOT, pursuant to Paragraphs V.D or VIII.D. of 
this Agreement.
    B. DOC will determine whether a violation has occurred within 30 
days after the date for submission of comments by MOT upon the 
allegation under Paragraph VIII.D.
    C. If DOC determines that this Agreement is being or has been 
violated, DOC will take such action as it determines is appropriate 
under U.S. law and regulations.

X. Duration

    A. This Agreement will remain in force until the underlying 
antidumping proceeding is terminated in accordance with U.S. 
antidumping law.
    B. DOC will, upon receiving a proper request made by MOT, 
conduct an administrative review of this Agreement under U.S. laws 
and regulations.
    C. MOT or DOC 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. Upon termination of this Agreement, 
the provisions of U.S. antidumping law and regulations shall apply. 
In addition, DOC shall terminate this agreement if MOT withdraws 
from ``The Agreement Concerning Trade In Certain Steel Products From 
The Russian Federation.'' Termination shall be effective 60 days 
after the written notice of MOT's withdrawal.

XI. Other Provisions

    A. DOC finds that this Agreement is in the public interest, that 
effective monitoring of this Agreement by the United States is 
practicable, and that this Agreement will prevent the suppression or 
undercutting of price levels of United States domestic Cold-Rolled 
Steel products by imports of the Cold-Rolled Steel subject to this 
Agreement.
    B. DOC does not consider any of the obligations concerning 
exports of Cold-Rolled Steel to the United States undertaken by MOT 
pursuant to this Agreement relevant to the question of whether firms 
in the underlying investigation would be entitled to separate rates, 
should the investigation be resumed for any reason.
    C. The English and Russian language versions of this Agreement 
shall be authentic, with the English version being controlling for 
purposes of interpreting and implementing the terms and conditions 
of this Agreement.
    D. All provisions of this Agreement, including the provisions of 
the Preamble, shall have equal force.
    E. For all purposes hereunder, the signatory Parties shall be 
represented by, and all communications and notices shall be given 
and addressed to:
DOC: U.S. Department of Commerce, Assistant Secretary for Import 
Administration, International Trade Administration, Washington, D.C. 
20230
MOT: Department for State Regulation of External Economic 
Activities, Ministry of Trade of the Russian Federation, 18/1 
Ovchinnikovskaya naberezhnaya, Moscow, 1 13324, Russia

    Signed on this 13th day of January, 2000.

    For DOC:
Robert S. LaRussa,
Assistant Secretary for Import Administration.
    For MOT:
Yuri V. Akhremenko,
Trade Representative of the Russian Federation to the United 
States,Minister-Counsellor Commercial.

Appendix I

    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. Sales data for the home market, and 
data for exports to countries other than the United States, will be 
reported upon request.
    MOT will provide a narrative explanation to substantiate all 
data collected in accordance with the following formats:

[[Page 5505]]

A. Exports to the United States

    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. 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.

B. Exports Other Than to the United States

    Pursuant to Paragraph VI.A, MOT will provide country-specific 
volume and value information for exports of Cold-Rolled Steel to 
third countries, upon request, regardless of whether MOT licenses 
exports of Cold-Rolled Steel to such country(ies). The following 
information shall be provided except that information requested in 
item #6, date of entry, #7, importer of record, and item #10, other, 
may be omitted if unknown to MOT and the Russian licensee.
    1. Export License/Temporary Document: Indicate the number(s) 
relating to each sale and/or entry, if any.
    2. Quantity: Indicate in original units of measure sold and/or 
entered in metric tons.
    3. Date of Sale: The date all essential terms of the order 
(i.e., price and quantity) become fixed.
    4. Sales Order Number(s): Indicate the number(s) relating to 
each sale and/or entry.
    5. Date of Export: Date Export License/ Temporary Document is 
issued, if any.
    6. Date of Entry: Date the merchandise entered the third country 
or the date a book transfer took place.
    7. Importer of Record: Name and address.
    8. Customer: Name and address of the first unaffiliated party 
purchasing from the Russian exporter.
    9. Customer Relationship: Indicate whether the customer is 
affiliated or unaffiliated.
    10. Other: The identity of any party(ies) in the transaction 
chain between the customer and the final destination.

C. Home Market Sales

    Pursuant to Paragraph VII.A, the MOT will provide home market 
volume and value information for sales of Cold-Rolled Steel, upon 
request. The following information shall be provided with the 
exception of item #6, other, if unknown to MOT and the Russian 
producer/exporter.
    1. Quantity: Indicate in original units of measure sold and/or 
entered in metric tons.
    2. Date of Sale: The date all essential terms of order (i.e., 
price and quantity) become fixed.
    3. Sales Order Number(s): Indicate the number(s) relating to 
each sale and/or entry.
    4. Customer: Name and address of the first unaffiliated party 
purchasing from the Russian exporter.
    5. Customer Relationship: Indicate whether the customer is 
affiliated or unaffiliated.
    6. Other: The identity of any party(ies) in the transaction 
chain between the customer and the final destination.

Appendix II

    Section 734 (1) of the Tariff Act of 1930 as amended, provides, 
in part, as follows:

(1) Special Rule for Non-Market Economy Countries.

    (I) In General.--The administering authority may suspend an 
investigation under this subtitle upon acceptance of an agreement 
with a non-market economy country to restrict the volume of imports 
into the United States of the merchandise under investigation only 
if the administering authority determines that
    (A)--Such agreement satisfies the requirements of subsection 
(d), and
    (B)--Will prevent the suppression or undercutting of price 
levels of domestic products by imports of the merchandise under 
investigation.
    (2) Failure of Agreements--If the administering authority 
determines that the agreement accepted under this subsection no 
longer prevents the suppression or undercutting of domestic prices 
of merchandise manufactured in the United States, the provisions of 
subsection (I) shall apply.
    Section 771(9) of the Tariff Act of 1930, as amended, provides 
in part, as follows:
    (9) Interested Party--The term ``interested party'' means--
    (A) A foreign manufacturer, producer, or exporter, or the United 
States importer, of subject merchandise under this title or a trade 
or business association a majority of the members of which are 
producers, exporters, or importers of such merchandise,
    (B) The government of a country in which such merchandise is 
produced or manufactured or from which such merchandise is exported,
    (C) A manufacturer, producer, or wholesaler in the United States 
of a domestic like product,
    (D) A certified union or recognized union or group of workers 
which is representative of an industry engaged in the manufacture, 
production, or wholesale in the United States of a domestic like 
product,
    (E) A trade or business association a majority of whose members 
manufacture, produce, or wholesale a domestic like product in the 
United States,
    (F) An association, a majority of whose members is composed of 
interested parties described in subparagraph (C), (D), or (E) with 
respect to a domestic like product.

Appendix III

    For purposes of this Agreement, Certain Cold-Rolled Flat-Rolled 
Carbon Quality Steel Products are defined as the following:
    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 Agreement, 
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

[[Page 5506]]

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 Agreement 
unless specifically excluded. The following products, by way of 
example, are outside and/or specifically excluded from the scope of 
this Agreement:
     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
------------------------------------------------------------------------


                           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\

[[Page 5507]]



                            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 %................................................             0.2-0.5                        Balance
                                                                   0.07                            0.05            0.05            0.07
--------------------------------------------------------------------------------------------------------------------------------------------------------


                          Mechanical Properties
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Hardness...............................  Full Hard (Hv 180 minimum)
Total Elongation.......................  3%
Tensile Strength.......................  600 to 850 N/mm2
------------------------------------------------------------------------


                           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
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

[[Page 5508]]



                                              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 (Aiming 0.05)   0.02           0.08           .............  0.008 (Aiming
                                                                                (Aiming                                                                                       0.005)
                                                                                0.018
                                                                                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.

[[Page 5509]]



                                                 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:
    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 mmWidth:  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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 5510]]

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 
heightCross bow (per inch of width): 0.015 mm max.

    The merchandise subject to this Agreement 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 this Agreement is dispositive.

Appendix IV

    For purposes of this Agreement, Apparent U.S. Domestic 
Consumption will be estimated as follows, using data provided by the 
American Iron and Steel Institute and the U.S. Bureau of the Census 
in the following manner:
    Apparent Consumption =

Domestic Shipments of Cold-Rolled Steel \3\
---------------------------------------------------------------------------

    \3\ Cold-Rolled Steel = Black Plate (AISI Data) + Cold-Rolled 
Sheets (AISI Data) + Cold-Rolled Strip (AISI Data).
---------------------------------------------------------------------------

+ Imports of Cold-Rolled Steel \4\
---------------------------------------------------------------------------

    \4\ Imports of Cold-Rolled Steel = Black Plates (AISI Data) + 
Cold-Rolled Sheets (AISI Data) + Cold-Rolled Strip (AISI Data) + 
Imports of HTS Numbers 7210.90.9000, 7212.50.0000, 7225.19.0000, 
7225.50.6000, 7226.19.1000, and 7226.19.9000 (Data from the U.S. 
Bureau of the Census on Imports for Consumption, as reported by the 
International Trade Commission's Trade DataWeb).
---------------------------------------------------------------------------

- Exports of Cold-Rolled Steel \5\
---------------------------------------------------------------------------

    \5\ Exports of Cold-Rolled Steel = Black Plates (AISI Data) + 
Cold-Rolled Sheets (AISI Data) + Cold-Rolled Strip (AISI Data).

    The definition of shipments used here, while as close as 
practically possible, is not identical to the imports as defined in 
---------------------------------------------------------------------------
Paragraph I.F and Appendix III of this Agreement.

A-122-047
ARP: 12/01/97-11/30/98
Public Document
IA/III/IX: BF
Petrosul International, c/o Bill Turner, 3380 150 6th Avenue, S.W., 
Calgary, Alberta, Canada T2P 3Y7

Re: Antidumping Duty Review of Elemental Sulphur from Canada
    Dear Mr. Turner: This concerns the antidumping review Elemental 
Sulphur from Canada and Petrosul International (``Petrosul''). We 
have reviewed Petrosul's March 10, 1999, response letter to the 
Department's original questionnaire, and have identified certain 
areas which require additional information (see enclosure). Enclosed 
is a supplemental questionnaire addressing certain deficiencies in 
your response letter (See Attachment I). Please submit your response 
to: The Department of Commerce, International Trade Administration, 
Central Records Room B-099, Washington, D.C. 20230, Attn: Brandon 
Farlander, AD/CVD Enforcement, Office 9.
    In responding to this supplemental questionnaire, please follow 
the ``Instructions for Filing the Response'' and ``Instructions for 
Preparing the Response'' sections of the antidumping questionnaire.
    Please submit your response no later than February 2, 2000. This 
investigation is on a schedule dictated by law. If you fail to 
provide accurately the information requested within the time 
provided, the Department may be required to base its findings on the 
facts available. Upon receipt of a response that is incomplete or 
deficient to the extent the Department considers it non-responsive, 
the Department will not issue additional supplemental 
questionnaires, but will use facts available. If you fail to 
cooperate with the Department by not acting to the best of your 
ability to comply with a request for information, the Department may 
use information that is adverse to your interest in conducting its 
analysis.
    The information which you submit is subject to verification. 
Failure to allow verification of any item may affect the 
consideration which we will accord to that item or to any other 
material, whether or not we verify the latter.
    If you have any questions on this matter, please contact Brandon 
Farlander at (202) 482-0182.

    Sincerely,
Rick Johnson,
Program Manager, AD/CVD Enforcement, Office 9.

Enclosure.

Attachment I--Elemental Sulphur From Canada; Supplemental Questionnaire 
Petrosul International (``Petrosul'')

    In your March 10, 1999, letter response to the Department, you 
stated that Petrosul did not ship any sulphur to the United States 
during the period of review (``POR''). However, you stated that 
Petrosul did purchase sulphur from Husky Oil, Ltd. (``Husky''), 
which was resold to other parties in Canada, some of which was 
exported by other parties to the United States. Based on this 
information, please answer the following questions.
    1. As noted above, you state that you purchased suplhur from 
Husky, some of which was eventually exported to the United States by 
other parties. Please provide your sulphur contract(s) with Husky in 
effect during the POR for these transactions, including an 
explanation of your shipment process. Also, please provide the name 
and address to whom you sold Husky-produced sulfur to and identify 
who had knowledge or should have had knowledge that the sulphur was 
exported to the United States. For the Husky-produced sulphur that 
you bought and then resold to other parties in Canada, please 
provide the U.S. customer name(s) and address(es).
    2. Also, please state whether you purchased sulphur from other 
Canadian producers for which either you or another reseller had 
knowledge or should have had knowledge that it was exported to the 
United States. If yes, please provide the name(s), address(es), and 
the contract(s) in effect during the POR, for all parties involved 
(i.e., Canadian sulphur producers, Canadian resellers, and U.S. 
customers). Please state whether, for each party you sold sulphur to 
for which you knew or should have known that this sulphur was 
destined for the United States, the party knew who produced the 
sulphur. Finally, please explain your sulphur selling activities, 
including the shipment process and the substance of your oral and 
written communications, with respect to these parties.

[FR Doc. 00-1845 Filed 2-3-00; 8:45 am]
BILLING CODE 3510-DS-P