[Federal Register Volume 65, Number 59 (Monday, March 27, 2000)]
[Notices]
[Pages 16171-16173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7385]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-803]


Cut-to-Length Carbon Steel Plate From Romania; Preliminary 
Results of Full Sunset Review of Antidumping Duty Order

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

ACTION: Notice of Preliminary Results of Full Sunset Review: Cut-to-
Length Carbon Steel Plate from Romania.

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SUMMARY: On September 1, 1999, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on cut-to-length carbon steel plate from Romania (64 FR 47767) pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). 
On the basis of notices of intent to participate and adequate 
substantive responses filed on behalf of domestic and respondent 
interested parties, the Department determined to conduct a full review. 
As a result of this review, the Department preliminarily finds that 
revocation of the antidumping duty order would likely lead to 
continuation or recurrence of dumping at the levels indicated in the 
Preliminary Results of Review section of this notice.

EFFECTIVE DATE: March 27, 2000.

FOR FURTHER INFORMATION CONTACT: Kathryn B. McCormick or Melissa G. 
Skinner, Office of Policy for Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1930 or (202) 482-1560, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 16172]]

Statute and Regulations

    This review is being conducted pursuant to sections 751(c) and 752 
of the Tariff Act of 1930, as amended (``the Act''). The Department's 
procedures for the conduct of sunset reviews are set forth in 
Procedures for Conducting Five-year (``Sunset'') Reviews of Antidumping 
and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) (``Sunset 
Regulations'') and in 19 CFR part 351 (1999) in general. Guidance on 
methodological or analytical issues relevant to the Department's 
conduct of sunset reviews is set forth in the Department's Policy 
Bulletin 98.3--Policies Regarding the Conduct of Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 
63 FR 18871 (April 16, 1998) (``Sunset Policy Bulletin'').

Background

    On September 1, 1999, the Department initiated a sunset review of 
the antidumping duty order on cut-to-length carbon steel plate from 
Romania (64 FR 47767), pursuant to section 751(c) of the Act. The 
Department received a notice of intent to participate on behalf of the 
Bethlehem Steel Corporation and U.S. Steel Corporation, a unit of USX 
Corporation (``domestic interested parties''), within the applicable 
deadline (September 15, 1999) specified in section 351.218(d)(1)(i) of 
the Sunset Regulations. On October 4, 1999, Sidex, S.A. (``Sidex'') 
notified the Department that it intended to participate in this review 
as a respondent interested party. Domestic interested parties claimed 
interested-party status under section 771(9)(C) of the Act, as U.S. 
producers of a domestic like product; Sidex is an interested party 
pursuant to section 771(9)(A) of the Act, as a foreign producer and 
exporter of subject merchandise.
    On September 24, 1999, we received a request for an extension to 
file rebuttal comments from domestic interested parties.\1\ Pursuant to 
19 CFR 351.302(b)(1999), the Department extended the deadline for all 
participants eligible to file rebuttal comments until October 15, 
1999.\2\ On October 1, 1999, we received a complete substantive 
response from domestic interested parties, within the 30-day deadline 
specified in the Sunset Regulations under section 351.218(d)(3)(i), and 
a complete substantive response from Sidex. On October 15, 1999, we 
received rebuttal comments from domestic interested parties. On October 
21, 1999, pursuant to 19 CFR 351.218(e)(1)(ii)(A), the Department 
determined to conduct a full (240-day) sunset review of this order.\3\
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    \1\ See September 24, 1999, Request for an Extension to File 
Rebuttal Comments in the Sunset Reviews of Antidumping and 
Countervailing Duty Orders: A-602-803; A-351-817; C-351-818, A-122-
822, A-122-823, A-405-802, A-588-826, A-421-804, A-455-802, A-485-
803, C-401-401, C-401-804, C-401-805, from Valerie S. Schindler, 
Skadden, Arps, Slate, Meagher & Flom LLP, to Jeffrey A. May, Office 
of Policy.
    \2\ See September 30, 1999, Letter from Jeffrey A. May, 
Director, Office of Policy to Valerie S. Schindler, Skadden, Arps, 
Slate, Meagher & Flom LLP.
    \3\ See October 21, 1999, Memoranda for Jeffrey A. May, Re: 
Certain Cut-to-Length Carbon Steel Plate from Romania; Adequacy of 
Respondent Interested Party Response to the Notice of Initiation.
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    In accordance with section 751(c)(5)(C)(v) of the Act, the 
Department may treat a review as extraordinarily complicated if it is a 
review of a transition order (i.e., an order in effect on January 1, 
1995). This review concerns a transition order within the meaning of 
section 751(c)(6)(C)(ii) of the Act. Accordingly, on December 22, 1999, 
the Department determined that the sunset review of cut-to-length 
carbon steel flat plate is extraordinarily complicated, and extended 
the time limit for completion of the preliminary results of this review 
until not later than March 20, 2000, in accordance with section 
751(c)(5)(B) of the Act.\4\
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    \4\ See Extension of Time Limit for Preliminary Results of Full 
Five-Year Reviews, 64 FR 71726 (December 22, 1999).
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Scope of Review

    These products include hot-rolled carbon steel universal mill 
plates (i.e., flat-rolled products rolled on four faces or in a closed 
box pass, of a width exceeding 150 millimeters but not exceeding 1,250 
millimeters and of a thickness of not less than 4 millimeters, not in 
coils and without patterns in relief), of rectangular shape, neither 
clad, plated, nor coated with metal, whether or not painted, varnished, 
or coated with plastics or other nonmetallic substances; and certain 
hot-rolled carbon steel flat-rolled products in straight lengths, of 
rectangular shape, hot rolled, neither clad, plated, nor coated with 
metal, whether or not painted, varnished, or coated with plastics or 
other nonmetallic substances, 4.75 millimeters or more in thickness and 
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: 7208.31.0000, 7208.32.0000, 
7208.33.1000. 7208.33.5000, 7208.41.0000, 7208.42.0000, 7208.43.0000, 
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.11.0000, 7211.12.0000, 
7211.21.0000, 7211.22.0045, 7211.90.1000, 7212.40.1000, 7212.50.0000, 
and 7212.50.5000. Included in this order 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 order is grade X-70 
plate. These HTS item numbers are provided for convenience and customs 
purposes. The written description remains dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this sunset review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memo'') from Jeffrey A. May, Director, Office 
of Policy, Import Administration, to Robert S. La Russa, Assistant 
Secretary for Import Administration, dated March 20, 2000, which is 
hereby adopted and incorporated by reference into this notice. The 
issues discussed in the attached Decision Memo include the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margin likely to prevail were the order revoked. 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 Commerce 
building.
    In addition, a complete version of the Decision Memo 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 Memo are 
identical in content.

Preliminary Results of Review

    We preliminarily determine that revocation of the antidumping duty 
order on cut-to-length carbon steel plate from Romania would be likely 
to lead to continuation or recurrence of dumping at the following 
percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporters                     (percent)
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Metalexportimport, S.A.....................................        75.04
All Others.................................................        75.04
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    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). Any 
hearing, if requested,

[[Page 16173]]

will be held on May 17, 2000, in accordance with 19 CFR 351.310(d). 
Interested parties may submit case briefs no later than May 8, 2000, in 
accordance with 19 CFR 351.309(c)(1)(i). Rebuttal briefs, which must be 
limited to issues raised in the case briefs, may be filed not later 
than May 15, 2000. The Department will issue a notice of final results 
of this sunset review, which will include the results of its analysis 
of issues raised in any such comments, no later than July 27, 2000.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: March 20, 2000.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-7385 Filed 3-24-00; 8:45 am]
BILLING CODE 3510-DS-P