[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Notices]
[Pages 12511-12512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5804]
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DEPARTMENT OF COMMERCE
International Trade Administration
(C-428-812)
Certain Hot-Rolled Lead and Bismuth Carbon Steel Products From
Germany: Final Results of Changed Circumstances Review and Revocation
of Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 18, 2000, the Department of Commerce (the
Department) published in the Federal Register a notice of recission of
countervailing duty administrative review and initiation and
preliminary
[[Page 12512]]
results of changed circumstances review and intent to revoke the
countervailing duty order on certain hot-rolled lead and bismuth carbon
steel products from Germany (65 FR 2582). We are now revoking this
order, retroactive to January 1, 1998, based on the fact that the
domestic producers are no longer interested in its continued
maintenance.
EFFECTIVE DATE: March 9, 2000.
FOR FURTHER INFORMATION CONTACT: Robert Copyak, AD/CVD Enforcement
Office 6, Group II, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-
2786.
SUPPLEMENTARY INFORMATION:
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions effective
January 1, 1995, the effective date of the amendments made to the Act
by the Uruguay Round Agreements Act (URAA). In addition, unless
otherwise indicated, all citations to the Department's regulations are
to the regulations codified at 19 CFR Part 351 (April 1999).
Background
On November 24, 1999, Ispat Inland Inc. (Ispat) and Republic
Technologies International (RTI) (the successors to the petitioners in
this proceeding) and domestic producer Birmingham Steel Corporation
(BSC) (collectively, the domestic producers) requested that the
Department conduct a changed circumstances review to revoke the
countervailing duty order on certain hot-rolled lead and bismuth carbon
steel products from Germany retroactive to January 1, 1998. They stated
that circumstances have changed such that they no longer have an
interest in maintaining the countervailing duty order. They also stated
that they represent approximately 85 to 90 percent of the domestic
production of the like product to which the order pertains. On January
5, 2000, the domestic producers submitted a letter withdrawing their
request for the administrative review of the period January 1, 1998,
through December 31, 1998.
On January 7, 2000, we preliminarily determined that the
affirmative statement of no interest by the domestic producers
constituted changed circumstances sufficient to warrant revocation of
this order. Consequently, on January 18, 2000, we published a notice of
recission of countervailing duty administrative review and initiation
and preliminary results of changed circumstances review and intent to
revoke the countervailing duty order (65 FR 2581). We invited
interested parties to comment on the preliminary results of this
changed circumstances review and intent to revoke order. We received no
comments.
Scope of Review
The products covered are hot-rolled bars and rods of nonalloy or
other alloy steel, whether or not descaled, containing by weight 0.03
percent or more of lead or 0.05 percent or more of bismuth, in coils or
cut lengths, and in numerous shapes and sizes. Excluded from the scope
are other alloy steels (as defined by the Harmonized Tariff Schedule of
the United States (HTSUS) Chapter 72, note 1(f)), except steels
classified as other alloy steels by reasons of containing by weight 0.4
percent or more of lead, or 0.1 percent or more of bismuth, tellurium,
or selenium. Also excluded are semi-finished steels and flat-rolled
products. Most of the products covered in this review are provided for
under subheadings 7213.20.00.00 and 7214.30.00.00 of the HTSUS. Small
quantities of these products may also enter the United States under the
following HTSUS subheadings: 7213.31.30.00; 7213.31.60.00;
7213.39.00.30; 7213.39.00.60; 7213.39.00.90; 7213.91.30.00;
7213.91.45.00; 7213.91.60.00; 7213.99.00; 7214.40.00.10, 7214.40.00.30,
7214.40.00.50; 7214.50.00.10; 7214.50.00.30, 7214.50.00.50;
7214.60.00.10; 7214.60.00.30; 7214.60.00.50; 7214.91.00; 7214.99.00;
7228.30.80.00; and 7228.30.80.50. HTSUS subheadings are provided for
convenience and Customs purposes. The written description of the scope
of this proceeding is dispositive.
Final Results of Changed Circumstances Review and Revocation of
Order
Pursuant to section 751(d)(1) of the Act, the Department may
revoke, in whole or in part, a countervailing duty order based on a
review under section 751(b) of the Act (i.e., a changed circumstances
review). Section 751(b)(1) of the Act requires a changed circumstances
review to be conducted upon receipt of a request containing sufficient
information concerning changed circumstances.
The Department's regulations at 19 CFR 351.216(d) require the
Department to conduct a changed circumstances review in accordance with
19 CFR 351.221 if it decides that changed circumstances sufficient to
warrant a review exist. Section 782(h) of the Act and 19 CFR
351.222(g)(1)(i) provide further that the Department may revoke an
order, in whole or in part, if it concludes that the order under review
is no longer of interest to producers accounting for substantially all
of the production of the domestic like product.
Ispat, RTI, and BSC are domestic interested parties as defined by
section 771(9)(E) of the Act and 19 CFR 351.102(b) and represent
substantially all of the production of the domestic like product. Based
on the affirmative statement by the domestic producers of no interest
in the continued application of the order and the fact that no
interested parties objected to our preliminary results of this review,
we determine that there are changed circumstances sufficient to warrant
revocation of the order. Therefore, the Department is revoking the
countervailing duty order on certain hot-rolled lead and bismuth carbon
steel products from Germany, retroactive to January 1, 1998.
In accordance with 19 CFR 351.222(g)(4), we will instruct the
Customs Service to end the suspension of liquidation and to refund any
estimated countervailing duties collected for all unliquidated entries
of certain hot-rolled lead and bismuth carbon steel products from
Germany on or after, January 1, 1998. We will also instruct the Customs
Service to pay interest on such refunds in accordance with section 778
of the Act.
This changed circumstances review, revocation of the countervailing
duty order, and notice are in accordance with sections 751(b), 751(d)
and 782(h) of the Act and 19 CFR 351.216 and 351.222.
Dated: March 1, 2000.
Joseph A. Spetrini
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-5804 Filed 3-8-00; 8:45 am]
BILLING CODE 3510-DS-P