[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Notices]
[Pages 18052-18054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8546]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-817; A-201-809]


Certain Cut-to-Length Carbon Steel Plate From Brazil and Mexico; 
Final Results of Antidumping Duty Expedited Sunset Reviews

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

[[Page 18053]]


ACTION: Notice of final results of antidumping duty expedited sunset 
review: Certain cut-to-length carbon steel plate from Brazil and Mexico

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SUMMARY: On September 1, 1999, the Department of Commerce (``the 
Department'') published the notice of initiation of sunset reviews of 
the antidumping duty orders on certain cut-to-length carbon steel plate 
(``cut-to-length plate'') from Brazil and Mexico. On the basis of 
notices of intent to participate and adequate substantive comments 
filed on behalf of domestic interested parties and inadequate response 
(in these cases, no response) from respondent interested parties, we 
determined to conduct expedited reviews. As a result of this review, we 
find that revocation of the antidumping duty orders would be likely to 
lead to continuation or recurrence of dumping at the levels listed 
below in the section entitled ``Final Results of Reviews.''

EFFECTIVE DATE: April 6, 2000.

FOR FURTHER INFORMATION CONTACT: Mark D. Young, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 
Washington, DC 20230; telephone: (202) 482-6397.

SUPPLEMENTARY INFORMATION:

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 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 published the notice of 
initiation of sunset reviews of the antidumping duty orders on cut-to-
length plate from Brazil and Mexico (63 FR 47767). The Department 
received Notices of Intent to Participate on behalf of Bethlehem Steel 
Corporation and U.S. Steel Group, a unit of USX Corporation (``the 
domestic producers''), within the deadline specified in section 
351.218(d)(1)(i) of the Sunset Regulations. The domestic producers 
claimed interested party status under section 771(9)(C) of the Act, as 
U.S. manufacturers of cut-to-length plate. We received a complete 
substantive response, in both the Brazilian and Mexican reviews, from 
the domestic producers on October 1, 1999, within the 30-day deadline 
specified in the Sunset Regulations under section 351.218(d)(3)(i). In 
their substantive responses, the domestic producers stated that they 
were the petitioners in the original investigations of cut-to-length 
plate from Brazil and Mexico. Furthermore, the domestic producers 
stated that they had participated in each subsequent segment of the 
cases. We did not receive a substantive response from any respondent 
interested party to these proceedings. As a result, pursuant to 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C) of the 
Department's Regulations, the Department determined to conduct 
expedited, 120-day, reviews of these orders.
    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). The reviews at issue concern transition orders within the 
meaning of section 751(c)(6)(C)(ii) of the Act. Therefore, the 
Department determined that the sunset reviews of the antidumping duty 
orders on cut-to-length plate from Brazil and Mexico are 
extraordinarily complicated and extended the time limit for completion 
of the final results of these reviews until not later than March 29, 
2000, in accordance with section 751(c)(5)(B) of the Act. \1\
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    \1\ See Extension of Time Limit for Final Results of Five-Year 
Reviews, 64 FR 71726 (December 22, 1999).
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Scope of Review

    The products covered by these antidumping duty orders constitute 
one ``class or kind'' of merchandise: Certain cut-to-length carbon 
steel plate. 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 United 
States Harmonized Tariff Schedule (``USHTS'') 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, 7211.90.0000, 
7212.40.1000, 7212.40.5000 and 7212.50.0000. 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 grade X-70 plate. These USHTS item numbers are provided 
for convenience and customs purposes. The Department's written 
description remains dispositive.
    The Department has made one scope ruling on the subject merchandise 
from Brazil. The following product was determined to be within the 
scope of the order:

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      Product within scope           Manufacturer          Citation
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Profile Slabs...................  Companhia           62 FR 30569, June
                                   Siderurgica         4, 1997.
                                   Tubarao.
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[[Page 18054]]

    These reviews cover all imports from all manufacturers and 
exporters of cut-to-length plate from Brazil and Mexico.

Analysis of Comments Received

    All issues raised in these cases by parties to these sunset reviews 
are addressed in the ``Issues and Decision Memorandum'' (``Decision 
Memo'') from Jeffrey A. May, Director, Office of Policy, Import 
Administration, to Robert S. LaRussa, Assistant Secretary for Import 
Administration, dated March 29, 2000, which is hereby adopted by this 
notice. The issues discussed in the Decision Memo include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margin likely to prevail were the orders revoked. Parties can 
find a complete discussion of all issues raised in these reviews and 
the corresponding recommendations in this public memorandum, which is 
on file in room B-099 of the 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.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on cut-
to-length plate from Brazil and Mexico would be likely to lead to 
continuation or recurrence of dumping at the following percentage 
weighted-average margins:

------------------------------------------------------------------------
                                                                 Margin
              Brazilian manufacturers/exporters                (percent)
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Usinas Siderurgicas de Minas Gerais S.A. (``USIMINAS'')/        \2\42.08
 Companhia Siderurgica Paulista (``COSIPA'').................
All Others...................................................      75.54
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------------------------------------------------------------------------
                                                                 Margin
               Mexican manufacturers/exporters                 (percent)
------------------------------------------------------------------------
Altos Hornos de Mexico.......................................      49.25
All Others...................................................      49.25
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
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    \2\ In light of USIMINAS'' high level of ownership of COSIPA, 
common directors, and the fact the COSIPA is consolidated on 
USIMINAS'' financial statements, the Department collapsed USIMINAS 
and COSIPA into one entity for the purpose of calculating their 
dumping margin in the most recent administrative review. See Certain 
Cut-to-Length Carbon Steel Plate from Brazil; Final Results of 
Antidumping Duty Administrative Review, 63 FR 12744 (March 16, 
1998). Therefore, we are reporting one margin for these companies; 
see decision memo for further discussion.
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    We are issuing and publishing these results and notice in 
accordance with sections section 751(c), 752, and 777(i)(1) of the Act.

    Dated: March 29, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-8546 Filed 4-5-00; 8:45 am]
BILLING CODE 3510-DS-P