[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Notices]
[Pages 18046-18047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8552]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-814]


Cold-Rolled Carbon Steel Flat Products 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: cold-rolled 
carbon steel flat products 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 cold-rolled carbon steel flat products 
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's 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

[[Page 18047]]

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 cold-
rolled carbon steel flat products from Germany (64 FR 47767). We 
invited parties to comment. On the basis of a notice of intent to 
participate and adequate substantive responses filed on behalf of 
domestic interested parties and a waiver of participation from 
respondent interested parties, we determined to conduct an expedited 
sunset review. The 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 cold-rolled carbon steel flat products 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 cold-rolled carbon 
steel flat products from Germany. This scope includes 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 7209.11.0000, 7209.12.0030, 7209.12.0090, 7209.13.0030, 
7209.13.0090, 7209.14.0030, 7209.14.0090, 7209.21.0000, 7209.22.0000, 
7209.23.0000, 7209.24.1000, 7209.24.5000, 7209.31.0000, 7209.32.0000, 
7209.33.0000, 7209.34.0000, 7209.41.0000, 7209.42.0000, 7209.43.0000, 
7209.44.0000, 7209.90.0000, 7210.70.3000, 7210.90.9000, 7211.30.1030, 
7211.30.1090, 7211.30.3000, 7211.30.5000, 7211.41.1000, 7211.41.3030, 
7211.41.3090, 7211.41.5000, 7211.41.7030, 7211.41.7060, 7211.41.7090, 
7211.49.1030, 7211.49.1090, 7211.49.3000, 7211.49.5030, 7211.49.5060, 
7211.49.5090, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 
7217.11.1000, 7217.11.2000, 7217.11.3000, 7217.19.1000, 7217.19.5000, 
7217.21.1000, 7217.29.1000, 7217.29.5000, 7217.31.1000, 7217.39.1000, 
and 7217.39.5000. Included in this scope 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 bevelled 
or rounded at the edges. Excluded from this scope 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.
    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 Acting 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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Thyssen....................................................        20.64
Klockner...................................................        23.54
All others.................................................        21.66
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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 section 751(c), 752, and 777(i) of the Act.

    Dated: March 29, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-8552 Filed 4-5-00; 8:45 am]
BILLING CODE 3510-DS-P