[Federal Register Volume 65, Number 59 (Monday, March 27, 2000)]
[Notices]
[Pages 16168-16169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7387]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-804]


Cold-Rolled Carbon Steel Flat Products From the Netherlands; 
Preliminary Results of Sunset Review of Antidumping Duty Order

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

ACTION: Notice of Preliminary Results of Full Sunset Review: Cold-
Rolled Carbon Steel Flat Products from the Netherlands.

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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 cold-rolled carbon steel flat products from the Netherlands (64 FR 
47767) pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(``the Act''). On the basis of a notice of intent to participate filed 
on behalf of domestic interested parties 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, D.C. 20230; telephone: (202) 482-
1930 or (202) 482-1560, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    Unless otherwise indicated, all citations to 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 regulations are to 19 CFR Part 351 (1999). 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 cold-rolled carbon steel flat products 
from the Netherlands (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, U.S. Steel Group, a unit of 
USX Corporation, Ispat Inland, Inc., LTV Steel Company, Inc., and 
National Steel Company (collectively, ``domestic interested parties''), 
within the applicable deadline (September 15, 1999) specified in 
section 351.218(d)(1)(i) of the Sunset Regulations. On October 1, 1999, 
Hoogovens Stal BV (``HSBV'') and Hoogovens Steel USA, Inc. (``HS-USA'') 
(together, ``Hoogovens'') 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; 
Hoogovens 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), 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 timely and complete 
substantive response from domestic interested parties, within the 30-
day deadline specified in the Sunset Regulations under section 
351.218(d)(3)(i), as well as from Hoogovens. On October 15, 1999, we 
received rebuttal comments from domestic interested parties and 
Hoogovens. On October 20, 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 20, 1999, Memorandum for Jeffrey A. May, Re: 
Certain Cold-Rolled Carbon Steel Flat Products from the Netherlands; 
Adequacy of Respondent Interested Party Response to the Notice of 
Initiation.

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[[Page 16169]]

    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 cold-rolled carbon 
steel flat products 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

    The products covered by this order 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 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 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, 
is 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 
of the scope of this order 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 cold-rolled carbon steel flat products from the Netherlands 
would be likely to lead to continuation or recurrence of dumping at the 
following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margins
                    Manufacturer/exporters                     (percent)
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Hoogovens....................................................       7.96
All Others...................................................       7.96
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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, 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, in accordance with section 751(c)(5)(B) of the Act.
    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. 00-7387 Filed 3-24-00; 8:45 am]
BILLING CODE 3510-DS-P