[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Notices]
[Pages 18051-18052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8554]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-815]


Corrosion-Resistant 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: Corrosion-
resistant 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 corrosion-resistant 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 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 corrosion-
resistant 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 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. 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

[[Page 18052]]

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 corrosion-resistant 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 products covered by this order are corrosion-resistant carbon 
steel flat products (``corrosion-resistant steel'') from Germany. This 
scope includes flat-rolled carbon steel products, of rectangular shape, 
either clad, plated, or coated with corrosion-resistant metals such as 
zinc, aluminum, or zinc-, aluminum-, nickel-or iron-based alloys, 
whether or not corrugated or painted, varnished or coated with plastics 
or other nonmetallic substances in addition to the metallic coating, 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 7210.31.0000, 7210.39.0000, 7210.41.0000, 7210.49.0030, 
7210.49.0090, 7210.60.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 
7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.21.0000, 7212.29.0000, 
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 
7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.5000, 
7217.12.1000, 7217.13.1000, 7217.19.1000, 7217.19.5000, 7217.22.5000, 
7217.23.5000, 7217.29.1000, 7217.29.5000, 7217.32.5000, 7217.33.5000, 
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 are flat-
rolled steel products either plated or coated with tin, lead, chromium, 
chromium oxides, both tin and lead (``terne plate''), or both chromium 
and chromium oxides (``tin-free steel''), whether or not painted, 
varnished or coated with plastics or other nonmetallic substances in 
addition to the metallic coating. Also excluded from this scope are 
clad products in straight lengths of 0.1875 inch or more in composite 
thickness and of a width which exceeds 150 millimeters and measures at 
least twice the thickness. Also excluded from this scope are certain 
clad stainless flat-rolled products, which are three-layered corrosion-
resistant carbon steel flat-rolled products less than 4.75 millimeters 
in composite thickness that consist of a carbon steel flat-rolled 
product clad on both sides with stainless steel in a 20%-60%-20% ratio.
    On September 22, 1999, the Department issued the final results of a 
changed circumstances review partially revoking the order with respect 
to certain corrosion-resistant steel. \2\
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    \2\ See Notice of Final Results of Changed Circumstances 
Antidumping Duty and Countervailing Duty Reviews and Revocation of 
Orders in Part: Certain Corrosion-Resistant Carbon Steel Flat 
Products From Germany, 64 FR 51292 (September 22, 1999). The 
Department noted that the affirmative statement of no interest by 
petitioners, combined with the lack of comments from interested 
parties, is sufficient to warrant partial revocation. This partial 
revocation applies to certain corrosion-resistant deep-drawing 
carbon steel strip, roll-clad on both sides with aluminum (AlSi) 
foils in accordance with St3 LG as to EN 10139/10140. The 
merchandise's chemical composition encompasses a core material of U 
St 23 (continuous casting) in which carbon is less than 0.08; 
manganese is less than 0.30; phosphorous is less than 0.20; sulfur 
is less than 0.015; aluminum is less than 0.01; and the cladding 
material is a minimum of 99% aluminum with silicon/copper/iron of 
less than 1%. The products are in strips with thicknesses of 0.07mm 
to 4.0mm (inclusive) and widths of 5mm to 800mm (inclusive). The 
thickness ratio of aluminum on either side of steel may range from 
3%/94%/3% to 10%/80%/10%.
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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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Thyssen....................................................        10.02
All others.................................................        10.02
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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. 00-8554 Filed 4-5-00; 8:45 am]
BILLING CODE 3510-DS-P