[Federal Register Volume 65, Number 55 (Tuesday, March 21, 2000)]
[Notices]
[Pages 15123-15125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6992]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-808]


Notice of Final Determinations of Sales at Less Than Fair Value; 
Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products from 
Turkey

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

EFFECTIVE DATE: March 21, 2000.

ACTION: Notice of final determination of sales at less than fair value.

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FOR FURTHER INFORMATION CONTACT: Charles Ranado, Stephanie Arthur or 
Robert James at (202) 482-3518, (202) 482-6312 or (202) 482-0649, 
respectively; Antidumping and Countervailing Duty Enforcement Group 
III, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, DC 20230.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to Department of Commerce (Department) 
regulations

[[Page 15124]]

refer to the regulations codified at 19 CFR part 351 (April 1, 1999).

Final Determinations

    We determine that cold-rolled flat-rolled carbon-quality steel 
products (cold-rolled steel) from Turkey are being sold, or are likely 
to be sold, in the United States at less than fair value (LTFV), as 
provided in section 735 of the Act. The estimated margins of sales at 
LTFV are shown in the ``Suspension of Liquidation'' section of this 
notice.

Case History

    We published in the Federal Register the preliminary determination 
in this investigation on January 7, 2000. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value: Cold-Rolled Flat-Rolled 
Carbon-Quality Steel Products from Turkey, 65 FR 1127 (January 7, 2000) 
(Preliminary Determination). Since the publication of the Preliminary 
Determination the following events have occurred.
    The Department verified sections A-C of Borcelik Celik Sanayii ve 
Ticaret A.S. (Borcelik's) responses from December 6 through December 9, 
1999, at Borcelik's administrative headquarters in Istanbul, Turkey. 
The Department also verified section D of Borcelik's response from 
December 13 through December 17, 1999, at Borcelik's administrative 
headquarters. See Memorandum For the File; ``Verification of Sales 
Data--Borcelik'', January 19, 2000 (Sales Verification Report) and 
Memorandum to Neal Halper, Acting Director, Office of Accounting; 
``Verification of the Cost of Production and Constructed Value Data--
Borcelik,'' January 19, 2000 (Cost Verification Report). Public 
versions of these, and all other Departmental memoranda referred to 
herein, are on file in the Central Records Unit, room B-099 of the main 
Commerce building.
    On January 24, 2000, Eregli Demir ve Celik Fabrikalari T.A.S. 
(Erdemir) requested a public hearing. In addition, on February 7, 2000, 
petitioners \1\ also requested a hearing. On February 11, 2000, both 
respondents (Borcelik and Erdemir) filed case briefs while petitioners 
filed case briefs on issues concerning Borcelik. We received rebuttal 
briefs from all parties on February 18, 2000. The Department held a 
hearing on February 22, 2000.
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    \1\ Petitioners in this case are Bethlehem Steel Corporation, 
Gulf States Steel, Inc., Ispat Inland Inc., LTV Steel Company Inc., 
National Steel Company, Steel Dynamics, Inc., U.S. Steel Group, a 
unit of USX Corporation, Weirton Steel Corporation, United 
Steelworkers of America, and Independent Steelworkers Union 
(collectively, petitioners).
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Period of Investigation

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

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, Deputy 
Assistant Secretary, Import Administration, to Robert S. LaRussa, 
Assistant Secretary for Import Administration, dated March 13, 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 B-099.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the World Wide Web at www.ita.doc.gov/
import__admin/records/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Scope of Investigation

    For a description of the scope of this investigation, see the 
``Scope of Investigation'' section of the Decision Memorandum, which is 
on file in B-099 and available on the Web at www.ita.doc.gov/
import__admin/records/frn/.

Use of Facts Available

    For a discussion of our application of facts available, see the 
``Facts Available'' section of the Decision Memorandum, which is on 
file in B-099 and available on the Web at www.ita.doc.gov/
import__admin/records/frn/.

Changes Since the Preliminary Determination

    Based on our analysis of comments received and findings at 
verification, 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 allegations of 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/.

Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we are instructing 
Customs to continue to suspend liquidation of all entries of cold-
rolled flat-rolled, carbon-quality steel products from Turkey that are 
entered, or withdrawn from warehouse, for consumption on or after 
January 7, 2000, the date of publication of the Preliminary 
Determination. The Customs Service shall continue to require a cash 
deposit or the posting of a bond based on the estimated weighted-
average dumping margins shown below. The suspension of liquidation 
instructions will remain in effect until further notice.
    We determine that the following weighted-average dumping margins 
exist for the period April 1, 1998 through March 31, 1999:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              (percent)
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Erdemir....................................................        32.91
Borcelik...................................................         8.67
All Others.................................................         8.67
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ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination. As our final 
determination is affirmative, the ITC will determine, within 45 days, 
whether these imports are causing material injury, or threat of 
material injury, to an industry in the United States. If the ITC 
determines that material injury or threat of injury does not exist, the 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue in antidumping order directing Customs 
officials to assess antidumping duties on all imports of the subject 
merchandise entered, or withdrawn from warehouse for consumption on or 
after the effective date of the suspension of liquidation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: March 13, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.

Appendix I--Issues in Decision Memo

Comments and Responses

1. Facts Available
    1. Adverse Facts Available
    2. Major Input Rule

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2. Date of Sale
3. COP/CV
    1. Exchange Rate Gains and Losses
    2. Translation Gains and Losses
    3. Major Input--Trace to Individual Coils
    4. Missing Coils
    5. Auditor's Adjustments
    6. Sales of Scrap
4. Adjustments to Export Price
    1. Movement Expenses
    2. Duty Drawback
5. Adjustments to Normal Value
    1. Returns
    2. Interest Revenue
    3. Technical Services
6. Model Match
7. Ministerial Errors
[FR Doc. 00-6992 Filed 3-20-00; 8:45 am]
BILLING CODE 3510-DS-P