[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Notices]
[Pages 18055-18056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8551]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-816]


Cut-to-Length Carbon Steel Plate From Germany; Final Results of 
Expedited Sunset Review of Antidumping Duty Order

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

ACTION: Notice of final results of expedited sunset review: Cut-to-
length carbon steel plate from Germany.

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SUMMARY: On September 1, 1999, the Department of Commerce (``the 
Department'') published the notice of initiation of sunset review of 
the antidumping duty order on cut-to-length carbon steel plate from 
Germany (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 and adequate substantive response filed on behalf of 
domestic interested parties and a waiver of participation from 
respondent interested parties, we determined to conduct an expedited 
sunset review. Based on our analysis of the comments received, we find 
that revocation of the antidumping duty order would be likely to lead 
to continuation or recurrence of dumping at the levels listed below in 
the section entitled Final Results of the Review.

EFFECTIVE DATE: April 6, 2000.

FOR FURTHER INFORMATION CONTACT: Eun W. Cho 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-
1698 or (202) 482-1560, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    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 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 review of the antidumping duty order on cut-to-
length carbon steel plate from Germany (64 FR 47767). We invited 
parties to comment. On the basis of a notice of intent to participate 
and adequate substantive response filed on behalf of domestic 
interested parties and of a waiver of participation from respondent 
interested parties, we determined to conduct an expedited sunset 
review. The

[[Page 18056]]

Department is conducting this sunset review in accordance with sections 
751 and 752 of the Act.
    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. Therefore, on December 22, 1999, 
the Department determined that the sunset review of the antidumping 
duty order on cut-to-length carbon steel plate from Germany is 
extraordinarily complicated and extended the time limit for completion 
of the final results of this review 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 product covered by this review is certain cut-to-length carbon 
steel plate from Germany. 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 7208.40.3030, 
7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 
7208.53.0000, 7208.90.0000, 7210,70.3000, 7210.90.9000, 7211.13.0000, 
7211.14.0030, 7211.14.0045, 7211.90.000, 7212.40.1000, 7212.40.5000, 
and 7212.50.0000. Included 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, product which have been beveled or rounded at the edges. 
Excluded is grade X-70 plate.
    On August 25, 1999, the Department issued the final results of a 
changed-circumstances review partially revoking the order with respect 
to certain carbon cut-to-length steel plate with a maximum thickness of 
80 mm in steel grades BS 7191,355 EM and 355 EMZ, as amended by Sable 
Offshore Energy Project Specification XB MOO Y 15 0001, types 1 and 
2.\2\
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    \2\ See Certain Cut-to-Length Carbon Steel Plate from Finland, 
Germany, and United Kingdom: Final Results of Changed Circumstances 
Antidumping Duty and Countervailing Duty Reviews, and Revocation of 
Orders in Part, 64 FR 46343 (August 25, 1999).
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    The HTS item numbers are provided for convenience and custom 
purposes. The written description remains dispositive.

Analysis of Comments Received

    All issues raised in substantive responses 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. LaRussa, Assistant Secretary for 
Import Administration, dated March 29, 2000, which is hereby adopted by 
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 B-099, the Central Records Unit, 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.

Final Results of Review

    We determine that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping at the 
following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                  Manufacturer/  exporter                     (percent)
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Dillinger..................................................        36.00
All others.................................................        36.00
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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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(c), 752, and 777(i) of the Act.

    Dated: March 29, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-8551 Filed 4-5-00; 8:45 am]
BILLING CODE 3510-DS-M