[Federal Register Volume 65, Number 49 (Monday, March 13, 2000)]
[Notices]
[Pages 13362-13364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6086]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-804]


Certain Cold-Rolled Carbon Steel Flat Products From the 
Netherlands: Final Results of Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On September 8, 1999, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on certain cold-rolled carbon 
steel flat products from the Netherlands (64 FR 48775). This review 
covers one manufacturer/exporter of the subject merchandise to the 
United States and the period of review (POR) of August 1, 1997, through 
July 31, 1998. Based on our analysis of the comments received, we have 
made changes in the margin calculations. Therefore, the final results 
differ from the preliminary results. The final weighted-average dumping 
margin for the reviewed firm is listed below in the section entitled 
``Final Results of Review.''

EFFECTIVE DATE: March 13, 2000.

FOR FURTHER INFORMATION CONTACT: Ilissa Kabak or Robert James, 
Enforcement Group III, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230;

[[Page 13363]]

telephone: (202) 482-1395 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 1999, the Department published in the Federal 
Register (64 FR 48775) the preliminary results of the administrative 
review of the antidumping duty order on certain cold-rolled carbon 
steel flat products from the Netherlands (58 FR 44172 (August 19, 
1993), see also 61 FR 47871 (September 11, 1996)). We invited parties 
to comment on our preliminary results. The Department has now completed 
this administrative review in accordance with section 751 of the Tariff 
Act of 1930, as amended.

Applicable Statute and Regulations

    Unless otherwise stated, 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 19 CFR Part 351 (1998).

Scope of this Review

    The products covered by this review include cold-rolled (cold-
reduced) carbon steel flat-rolled products, of rectangular shape, 
neither clad, plated nor coated with metal, whether or not painted, 
varnished or coated with plastics or other nonmetallic substances, in 
coils (whether or not in successively superimposed layers) and of a 
width of 0.5 inch or greater, or in straight lengths which, if of a 
thickness less than 4.75 millimeters, are of a width of 0.5 inch or 
greater and which measures at least 10 times the thickness or if of a 
thickness of 4.75 millimeters or more are of a width which exceeds 150 
millimeters and measures at least twice the thickness, as currently 
classifiable in the Harmonized Tariff Schedule (HTS) under item numbers 
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, 7215.50.0015, 
7215.50.0060, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 
7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 
and 7217.90.5090. Included in this review are flat-rolled products of 
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. Excluded from this review is certain 
shadow mask steel, i.e., aluminum-killed, cold-rolled steel coil that 
is open-coil annealed, has a carbon content of less than 0.002 percent, 
of 0.003 to 0.012 inch in thickness, 15 to 30 inches in width, and has 
an ultra flat, isotropic surface. These HTS item numbers are provided 
for convenience and Customs purposes. The written description remains 
dispositive.

Period of Review

    The POR is August 1, 1997, through July 31, 1998. This review 
covers entries of certain cold-rolled carbon steel flat products from 
the Netherlands produced by Hoogovens Staal B.V. (Hoogovens).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Joseph A. Spetrini to Robert S. 
LaRussa, Assistant Secretary for Import Administration, dated March 6, 
2000, which is hereby adopted and incorporated by reference into this 
notice. A list of the issues which parties have raised and to which we 
have responded, all of which are in the Decision Memorandum, is 
attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum which is on file in the 
Central Records Unit, room B-099 of the main Department building. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly on the Web at www.ita.doc.gov/import__admin/records/frn/. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Duty Absorption

    We have determined that no duty absorption has occurred with 
respect to U.S. sales made by Hoogovens. For a discussion of our 
determination with respect to this matter, see the ``Duty Absorption'' 
section of the Decision Memorandum, accessible in B-099 and on the Web 
at www.ita.doc.gov/import__admin/records/frn/.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. We have also corrected certain 
programming and clerical errors in our preliminary results, where 
applicable. Any alleged programming or clerical errors with which we do 
not agree are discussed in the relevant sections of the ``Decision 
Memorandum,'' accessible in B-099 and on the Web at www.ita.doc.gov/
import__admin/records/frn/.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists:

------------------------------------------------------------------------
                                                                Margin
        Manufacturer/exporter            Period of review     (percent)
------------------------------------------------------------------------
Hoogovens Staal B.V..................        8/1/97-7/31/98         0.26
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. For assessment 
purposes, the duty assessment rate will be a specific amount per metric 
ton. The Department will issue appraisement instructions directly to 
the Customs Service.
    Furthermore, the following deposit requirements will be effective 
upon publication of this notice of final results of review for all 
shipments of cold-rolled carbon steel flat products from the 
Netherlands entered, or withdrawn from warehouse, for consumption on or 
after the publication date, as provided for by section 751(a)(1) of the 
Act: (1) The cash deposit rate for Hoogovens will be zero, in light of 
its de minimis weighted-average margin; (2) if the

[[Page 13364]]

exporter is not a firm covered in this review, a prior review, or the 
original less than fair value investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most recent 
period for the manufacturer of the merchandise; and (3) if neither the 
exporter nor the manufacturer is a firm covered in this review, the 
cast deposit rate will be 19.32 percent. This is the ``all others'' 
rate from the amended final determination in the less than fair value 
investigation. See Amended Final Determination Pursuant to CIT 
Decision: Certain Cold-Rolled Carbon Steel Flat Products from the 
Netherlands, 61 FR 47871 (September 11, 1996).
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO. Timely notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 
sections 351.213 and 351.221 of the Department's regulations.

    Dated: March 6, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Comments and Responses

1. Decision of Export Price or Constructed Export Price status
2. CEP Profit
3. Financial Expenses
4. Ministerial Error in Calculating U.S. Warranty Expenses
5. Duty Absorption

[FR Doc. 00-6086 Filed 3-10-00; 8:45 am]
BILLING CODE 3510-DS-U