[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Notices]
[Pages 18047-18049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8559]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-307-815]


Notice of Final Determination of Sales at Less Than Fair Value: 
Certain Cold-Rolled Carbon-Quality Steel Flat Products From Venezuela

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

ACTION: Notice of final determination of antidumping duty 
investigation.

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EFFECTIVE DATE: April 6, 2000.

FOR FURTHER INFORMATION CONTACT: Maureen McPhillips or Linda Ludwig, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and

[[Page 18048]]

Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0193 or (202) 482-3833, respectively.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (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 of Commerce (the 
Department) regulations are to the regulations at 19 CFR part 351 
(April 1999).

Final Determination

    We determine that certain cold-rolled carbon-quality steel flat 
products from Venezuela are being sold in the United States at less 
than fair value (LTFV), as provided in section 735 of the Act. The 
estimated margins are shown in the Suspension of Liquidation section of 
this notice.

Case History

    The preliminary determination in this investigation was published 
November 15, 1999. See Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Certain Cold-Rolled Carbon-Quality Steel Flat 
Products from Venezuela, 64 FR 61826 (Nov. 15, 1999) (Preliminary 
Determination). On January 4, 2000, the petitioners, Bethlehem Steel 
Corporation, Gulf States Steel, Inc., Ispat Inland Steel, Inc., LTV 
Steel Company, Inc., National Steel Corporation, Steel Dynamics, Inc., 
U.S. Steel Group, a unit of USX Corporation, United Steelworkers of 
America, and Weirton Steel Corporation, and the respondent, Siderurgica 
del Orinoco, C.V. (Sidor), submitted case briefs. On January 11, 2000, 
we received a rebuttal brief from petitioners. Sidor requested a 
postponement of the final determination to 135 days after publication 
of the preliminary determination and an extension of the provisional 
measures to no more than six months, pursuant to 19 CFR 
351.210(b)(2)(ii) and 351.210(e)(2). See Postponement of Final 
Determination of Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel 
Products from Venezuela, 65 FR 5499 (February 4, 2000).

Period of Investigation

    The period of investigation (POI) is April 1, 1998 though March 31, 
1999.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the Issues and Decision Memorandum 
(Decision Memorandum) from Joseph A. Spetrini to Robert LaRussa, 
Assistant Secretary for Import Administration, dated March 29, 2000, 
which is hereby adopted by this notice. A list of the issues which 
parties have raised and to which we have responded, all of which are in 
the Decision Memorandum, is attached to this notice as an Appendix. 
Parties can find a complete discussion of all issues raised in this 
investigation and the corresponding recommendations in this public 
memorandum which is on file in the Central Records Unit, room B-099 of 
the main Department building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at 
www.ita.doc.gov/import_admin/records/frn/. The paper copy and the 
electronic version of the Decision Memorandum are identical in content.

Scope of Investigation

    For a description of the scope of this investigation, see the 
``Scope of Investigation'' section of the Decision Memorandum, which is 
on file in B-099 and available on the Web at www.ita.doc.gov/import_admin/records/frn/.

Changes Since the Preliminary Determination

    Based on our analysis of comments received, we have not made any 
changes in the margin calculations from the Preliminary Determination.

The ``All Others'' Rate

    The foreign manufacturer/exporter in this investigation is being 
assigned a dumping margin on the basis of adverse facts available. 
Section 735(c)(5) of the Act provides that, where the dumping margins 
established for all exporters and producers individually investigated 
are determined entirely under section 776 of the Act, the Department 
may use any reasonable method to establish the estimated ``all others'' 
rate for exporters and producers not individually investigated. 
Therefore, consistent with the Statement of Administrative Action 
(``SAA'') at 873, we are using an alternative method to establish the 
estimated all others rate. In the Preliminary Determination, as an 
alternative, we based the all others rate on a simple average of the 
margins in the petition. We received no comments on this issue, and 
therefore, continue to use the simple average of the margins in the 
petition as the basis for the final determination. As a result, the all 
others rate is 42.93 percent.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service to continue to suspend liquidation of all 
entries of cold-rolled carbon-quality steel flat products produced and/
or exported from Venezuela by Sidor, that are entered, or withdrawn 
from warehouse, for consumption on or after August 17, 1999 (90 days 
prior to the date of publication of the preliminary determination in 
the Federal Register). In addition, we will direct the Customs Service 
to continue to suspend liquidation of cold-rolled steel products 
exported from Venezuela by companies other than Sidor that are entered, 
or withdrawn from warehouse, for consumption on or after November 15, 
1999, the date of publication of our preliminary determination in the 
Federal Register. We will instruct the Customs Service to require a 
cash deposit or bond equal to the percentage margins, as indicated 
below. These suspension-of-liquidation instructions will remain in 
effect until further notice. The dumping margins are as follows:

------------------------------------------------------------------------
                                                                Margin
                   Exporter/manufacturer                      (percent)
------------------------------------------------------------------------
Sidor......................................................        56.37
All Others.................................................        42.93
------------------------------------------------------------------------

    The all others rate, which we derived from the average of the 
margins calculated in the petition, applies to all entries of subject 
merchandise other than those exported by the named respondent.

ITC Notification

    In accordance with section 735(c)(1)(B) of the Act, we have 
notified the International Trade Commission (ITC) of our determination. 
Because our final determination is affirmative, the ITC will, within 45 
days, determine whether these imports are materially injuring, or 
threaten material injury to, the U.S. industry. If the ITC determines 
that material injury, or threat of material injury does not exist, the 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
Customs' officials to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

[[Page 18049]]

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: March 29, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Comments and Responses

Use of Facts Available
Critical Circumstances

[FR Doc. 00-8559 Filed 4-5-00; 8:45 am]
BILLING CODE 3510-DS-P