[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Notices]
[Pages 18290-18292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8689]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-823]


Cut-to-Length Carbon Steel Plate 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: Cut-to-
length carbon steel plate from Canada.

-----------------------------------------------------------------------

SUMMARY: On September 1, 1999, the Department of Commerce (``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 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 from respondent interested parties (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

[[Page 18291]]

expedited review. However, upon reconsideration of 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, D.C. 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 (``domestic interested parties''), within the applicable 
deadline (September 15, 1999) specified in section 351.218(d)(1)(i) of 
the Sunset Regulations. On October 1, 1999, Stelco Inc. (``Stelco'') 
notified the Department of its intent to participate in this review as 
a respondent interested party. Domestic interested parties claimed 
interested-party status under section 771(9)(C) of the Act, as U.S. 
producers of a domestic like product; Stelco is an interested party 
pursuant to section 771(9)(A) of the Act, as a foreign producer and 
exporter of subject merchandise.
    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), and 
a complete substantive response from Stelco. On October 15, 1999, we 
received rebuttal comments from domestic and respondent interested 
parties. On October 20, 1999, pursuant to 19 CFR 351.218(e)(1)(ii)(A), 
the Department determined to an conduct an expedited (120-day) sunset 
review of this order.\3\
---------------------------------------------------------------------------

    \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.
    \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.
---------------------------------------------------------------------------

    Domestic interested parties and Stelco 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, Stelco states that it was a respondent party in the original 
investigation, and has participated in each subsequent administrative 
review (see October 1, 1999, Substantive Response of Stelco at 3).
    On November 10, 1999, we received comments from the Government of 
Canada and Stelco on the adequacy and appropriateness of an expedited 
sunset review concerning the subject order. Based on the comments we've 
received from Stelco, we have now determined that it is appropriate to 
conduct a full review in this case.
    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\
---------------------------------------------------------------------------

    \4\ See Extension of Time Limit for Final Results of Expedited 
Five-Year Reviews, 64 FR 71726 (December 22, 1999).
---------------------------------------------------------------------------

Scope of Review

    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, 
7208.51.5030, 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, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 
7212.50.0000.
    Included in this order 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 beveled or rounded at 
the edges.
    Excluded from this order is grade X-70 plate. Also excluded is cut-
to-length carbon steel plate meeting the following criteria: (1) 100 
percent dry steel plates, virgin steel, no scrap content (free of 
Cobalt-60 and other radioactive nuclides); (2) 0.290 inches maximum 
thickness, plus 0.0, minus 0.030 inches;

[[Page 18292]]

(3) 48.00 inch wide, plus 0.05, minus 0.0 inches; (4) 10 foot lengths, 
plus 0.5, minus 0.0 inches; (5) flatness, plus/minus 0.5 inch over 10 
feet; (6) AISI 1006; (7) tension leveled; (8) pickled and oiled; and 
(9) carbon content, 0.3 to 0.8 (maximum). On February 28, 1996, the 
Department revoked the order with respect to certain cut-to-length 
carbon steel plate free of cobalt-60 and other radioactive nuclides; 
and with certain dimensions and other characteristics.\5\ On February 
12, 1999, the Department revoked the order with respect certain cut-to-
length carbon steel plate free of cobalt-60 and other radioactive 
nuclides; and with certain dimensions and other characteristics.\6\ In 
addition, there has been one circumvention inquiry initiated with 
respect to imports of boron-added grader blade and draft key steel.\7\ 
These HTS item numbers are provided for convenience and customs 
purposes. The written description remains dispositive.
---------------------------------------------------------------------------

    \5\ See Certain Cut-to-Length Carbon Steel Plate from Canada: 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, and Revocation in Part of Antidumping Duty 
Order, 61 FR 7471 (February 28, 1996).
    \6\ See Certain Cut-to-Length Carbon Steel Plate from Canada: 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, and Revocation in Part of Antidumping Duty 
Order, 64 FR 7167 (February 12, 1999).
    \7\ See Cut-to-Length Carbon Steel Plate from Canada; Initiation 
of Anticircumvention Inquiry on Antidumping Duty Order, 63 FR 29179 
(May 28, 1998).
---------------------------------------------------------------------------

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 by 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 cut-to-length carbon steel plate from Canada would be likely 
to lead to continuation or recurrence of dumping at the following 
percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporters                     (percent)
------------------------------------------------------------------------
Stelco, Inc................................................        68.70
All Others.................................................        61.88
------------------------------------------------------------------------

    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. 00-8689 Filed 4-6-00; 8:45 am]
BILLING CODE 3510-DS-P