[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Notices]
[Pages 18286-18287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8688]



[[Page 18286]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-822]


Corrosion-Resistant Carbon Steel Flat Products From Canada; 
Preliminary Results of Full Sunset Review of Antidumping Duty Order

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

ACTION: Notice of preliminary results of full sunset review: Corrosion-
resistant carbon steel flat products from Canada.

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SUMMARY: On September 1, 1999, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on corrosion-resistant carbon steel flat products from Canada (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 an 
adequate substantive response filed on behalf of domestic interested 
parties and inadequate response (in this case, because exports of the 
respondent account for less than the threshold amount of exports (i.e., 
50 percent)), the Department determined to conduct an expedited review. 
However, upon reconsideration of our initial adequacy determination, 
the Department determines that it is appropriate in this case to 
conduct a full review. As a result of this review, the Department 
preliminarily finds that revocation of the antidumping duty order would 
likely lead to continuation or recurrence of dumping at the levels 
indicated in the Preliminary Results of Review section of this notice.

EFFECTIVE DATE: April 7, 2000.

FOR FURTHER INFORMATION CONTACT: Kathryn B. McCormick 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-
1930 or (202) 482-1560, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    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'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 initiated a sunset review of 
the antidumping duty order on cut-to-length carbon steel plate from 
Canada (64 FR 47767), pursuant to section 751(c) of the Act. The 
Department received a notice of intent to participate on behalf of the 
Bethlehem Steel Corporation and U.S. Steel Corporation, a unit of USX 
Corporation, Ispat Inlad, Inc., and LTV Steel Company (collectively, 
``domestic interested parties''), within the applicable deadline 
(September 15, 1999) specified in section 351.218(d)(1)(i) of the 
Sunset Regulations.
    On September 24, 1999, we received a request for an extension to 
file rebuttal comments from domestic interested parties.\1\ Pursuant to 
19 CFR 351.302(b), the Department extended the deadline for all 
participants eligible to file rebuttal comments until October 15, 
1999.\2\ On October 1, 1999, we received a complete substantive 
response from domestic interested parties, within the 30-day deadline 
specified in the Sunset Regulations under section 351.218(d)(3)(i). On 
October 1, 1999, Dofasco Inc. (``Dofasco'') and Sorveco, Inc. 
(``Soreveco'') in separate submissions, notified the Department of 
their intend to participate in this review as respondent interested 
parties. Domestic interested parties claimed interested-party status 
under section 771(9)(C) of the Act, as U.S. producers of a domestic 
like product; Dofasco and Sorevco are interested parties pursuant to 
section 771(9)(A) of the Act, as foreign producers and exporters of 
subject merchandise.
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    \1\ See September 24, 1999, Request for an Extension to File 
Rebuttal Comments in the Sunset Reviews of Antidumping and 
Countervailing Duty Orders: A-602-803; A-351-817; C-351-818, A-122-
822, A-122-823, A-405-802, A-588-826, A-421-804, A-455-802, A-485-
803, C-401-401, C-401-804, C-401-805, from Valerie S. Schindler, 
Skadden, Arps, Slate, Meagher & Flom LLP, to Jeffrey A. May, Office 
of Policy.
    \2\ See September 30, 1999, Letter from Jeffrey A. May, 
Director, Office of Policy to Valerie S. Schindler, Skadden, Arps, 
Slate, Meagher & Flom LLP.
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    All interested parties claim that they have been involved in this 
proceeding since its inception. Domestic interested parties state that 
they have participated in the investigation, all five administrative 
reviews, and all related appeals (see October 1, 1999, Substantive 
Response of domestic interested parties at 4). Likewise, Dofasco and 
Sorevco state that they participated as respondent parties in the 
original investigation, and have participated in each subsequent 
administrative review (see October 1, 1999, Substantive Responses of 
Dofasco at 3 and Sorevco at 2). Sorevco notes that, in the original 
investigation, the Department ``collapsed'' Sorevco with Dofasco Inc., 
another Canadian producer with a fifty percent ownership interest in 
Sorevco (see October 1, 1999, Substantive Response of Sorevco at 2). 
Further the Department has continued to ``collapse'' the two companies 
in each administrative review, and in the Department's notices, 
``Dofasco'' incorporates both Dofasco and Sorevco. Id. However, the 
companies are represented by separate legal counsel. Id.
    On October 15, 1999, we received rebuttal comments from domestic 
interested parties and Dofasco. On October 20, 1999, pursuant to 19 CFR 
351.218 (e)(1)(ii)(A), the Department determined to conduct an 
expedited (120-day) sunset review of this order.\3\ On December 9, 
1999, we received comments from Dofasco on the adequacy and 
appropriateness of an expedited sunset review concerning the subject 
order. Based on the comments received from Dofasco, we have now 
determined that it is appropriate to conduct a full review in this 
case.
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    \3\ See October 20, 1999, Memorandum for Jeffrey A. May, Re: 
Certain Cut-to-Length Carbon Steel Flat Plate from Canada: Adequacy 
of Respondent Interested Party Response to the Notice of Initiation.
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    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)(ii) of the Act. Accordingly, on December 22, 1999, 
the Department determined that the sunset review of cut-to-length 
carbon steel flat plate 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.\4\
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    \4\ See Extension of Time Limit for Final Results of Expedited 
Five-Year Reviews, 64 FR 71726 (December 22, 1999).

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[[Page 18287]]

Scope of Review

    These products include 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: 7210.30.0030, 7210.30.0060, 
7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.61.0000, 7210.69.0000, 
7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 
7210.90.9000, 7212.20.0000, 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, 7217.20.1500, 7217.30.1530, 7217.30.1560, 
7217.90.1000, 7217.90.5030, 7217.90.5060, and 7217.90.5090.
    Included in the scope are flat-rolled products of nonrectangular 
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 the 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 the 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 percent ratio.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs 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. La Russa, Assistant 
Secretary for Import Administration, dated March 29, 2000, which is 
hereby adopted and incorporated by reference into this notice. The 
issues discussed in the attached Decision Memo include adequacy, 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 the Central Records Unit, room B-099, 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.

Preliminary Results of Review:

    We preliminarily determine that revocation of the antidumping duty 
order on corrosion-resistant carbon steel flat products from Canada 
would be likely to lead to continuation or recurrence of dumping at the 
following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporters                     (percent)
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Dofasco, Inc...............................................        11.71
Stelco, Inc................................................        22.70
All Others.................................................        18.71
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    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). Any 
hearing, if requested, will be held on May 17, 2000, in accordance with 
19 CFR 351.310(d). Interested parties may submit case briefs no later 
than May 8, 2000, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal 
briefs, which must be limited to issues raised in the case briefs, may 
be filed not later than May 15, 2000. The Department will issue a 
notice of final results of this sunset review, which will include the 
results of its analysis of issues raised in any such comments, no later 
than July 27, 2000, in accordance with section 751(c)(5)(B) of the Act.
    This five-year (``sunset'') review and notice are in accordance 
with sections 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. 00-8688 Filed 4-6-00; 8:45 am]
BILLING CODE 3510-DS-P