[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Notices]
[Pages 18292-18293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8693]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-805]


Cut-to-Length Carbon Steel Plate From Belgium; 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: Cut-to-
length carbon steel plate from Belgium.

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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 cut-to-length carbon steel plate from Belgium (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, the Department 
determined to conduct an expedited review. As a result of this review, 
the Department finds that revocation of the antidumping duty order 
would likely lead to continuation or recurrence of dumping at the 
levels indicated in the Final 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 
Belgium (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. Domestic interested parties claimed interested-
party status under section 771(9)(C) of the Act, as U.S. producers of a 
domestic like product.
    On September 20, 1999, we received a request for an extension to 
file rebuttal comments from domestic interested

[[Page 18293]]

parties.\1\ Pursuant to 19 CFR 351.302(b)(1999), the Department 
extended the deadline for all participants eligible to file rebuttal 
comments until October 15, 1999.\2\
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    \1\ See September 20, 1999, Request for an Extension to File 
Rebuttal Comments in the Sunset Reviews of Antidumping and 
Countervailing Duty Orders on Certain Steel Products from Belgium, 
France, Germany, Mexico, Spain, South Korea, Taiwan and the United 
Kingdom: A-583-080, A-423-805, A-427-808, A-428-815, A-428-814, A-
428-816, A-580-815, A-580-816, S-201-809, A-469-803, A-412-814, C-
423-806, C-427-810, C-428-817 (CTL), C-428-817 (CR), C-580-818 
(CORE), C-201-810, C-469-804, C-412-815, from Bradford L. Ward, 
Dewey Balantine LLP, to Jeffrey A. May, Office of Policy.
    \2\ See September 30, 1999, Letter from Jeffrey A. May, 
Director, Office of Policy to Michael H. Stein, Dewey Ballantine 
LLP.
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    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). Respondent 
interested parties Duferco La Loviere (``Duferco'') and Fabrique de Fer 
de Charleroi (``FAFER''), each submitted incomplete responses on 
October 1, 1999.
    Domestic interested parties assert that at least one of them has 
been involved in this proceeding since the petition was filed, and has 
participated in each subsequent segment of the case (see October 1, 
1999, Substantive Response of domestic interested parties at 3). On 
October 15, 1999, the domestic interested parties submitted a letter to 
the Department requesting that the Department undertake an expedited 
review in this case. They assert that FAFER's October 1, 1999, letter 
to the Department is wholly inadequate as it fails to meet necessary 
procedural and substantive requirements of a response to a notice of 
initiation (see October 15, 1999, Letter from domestic interested 
parties at 2). Further, domestic interested parties urge the Department 
to deem FAFER's failure to file a complete response as a waiver of 
participation in this review. Id.
    On October 21, 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\
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    \3\ See October 21, 1999, Memorandum for Jeffrey A. May, Re: 
Certain Cut-to-Length Carbon Steel Flat Plate from Belgium: 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 plate from Belgium 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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Scope of Review

    The scope of this order includes 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, 7208.51.0030, 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. These HTS item numbers are provided for convenience and customs 
purposes. The written description remains dispositive.

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 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.

Final Results of Review

    We determine that revocation of the antidumping duty order on cut-
to-length carbon steel plate from Belgium would be likely to lead to 
continuation or recurrence of dumping at the following percentage 
weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporters                     (percent)
------------------------------------------------------------------------
Forges de Clabecq, S.A.....................................         6.78
Fabrique de Fer de Cherleroi, S.A..........................         27.5
All Others.................................................         6.75
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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.
    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. 00-8693 Filed 4-6-00; 8:45 am]
BILLING CODE 3510-DS-P