[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