[Federal Register Volume 65, Number 105 (Wednesday, May 31, 2000)]
[Notices]
[Pages 34655-34657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13578]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-807]


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

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

ACTION: Notice of final determination of sales at less than fair value.

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EFFECTIVE DATE: May 31, 2000.

FOR FURTHER INFORMATION CONTACT: Arland DiGirolamo or Abdelali 
Elouaradia at (202) 482-1278 or (202) 482-0498, respectively; Import 
Administration, Room 1870, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

The 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 19 CFR Part 351 (1998).

Final Determination

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

Case History

    The preliminary determination in this investigation was issued on 
December 28, 1999. See Notice of Preliminary Determination of Sales at 
Less than Fair Value and Postponement of Final Determination: Certain 
Cold-Rolled Flat-Rolled Carbon-Quality Steel Products from Indonesia, 
65 FR 1103 (January 7, 2000) (Preliminary Determination). The 
investigation covers one manufacturer/exporter, PT Krakatau Steel 
(Krakatau). The period of the investigation (POI) is April 1, 1998 
through March 31, 1999.
    From January 10 through January 14, 2000, the Department conducted 
a sales verification of Krakatau's sales data. The Department found 
that Krakatau had failed to report a large percentage of its U.S. sales 
of subject merchandise. Based on these findings, the Department 
canceled its cost verification of Krakatau, and issued a memorandum 
recommending the issuance of a final determination based on total facts 
available. See Memorandum from The Team to Holly Kuga, dated February 
28, 2000 (AFA Memo). On March 7, 2000,

[[Page 34656]]

the petitioners \1\ submitted a case brief arguing that the Department, 
in selecting a facts available rate, should apply the highest 
calculated dumping margin for any non-aberrational U.S. sale. Krakatau 
did not file a case brief. No rebuttal briefs were filed, and the 
petitioners withdrew their request for a hearing.
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    \1\ Petitioners in this case are Bethlehem Steel Corporation, 
Gulf States Steel, Inc., Ispat Inland Inc., LTV Steel Company Inc., 
National Steel Company, Steel Dynamics, Inc., U.S. Steel Group, a 
unit of USX Corporation, Weirton Steel Corporation, United 
Steelworkers of America, and Independent Steelworkers Union 
(collectively, petitioners).
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Scope of Investigation

    For purposes of this investigation, the products covered are 
certain cold-rolled (cold-reduced) flat-rolled carbon-quality steel 
products, neither clad, plated, nor coated with metal, but whether or 
not annealed, painted, varnished, or coated with plastics or other non-
metallic substances, both in coils, 0.5 inch wide or wider (whether or 
not in successively superimposed layers and/or otherwise coiled, such 
as spirally oscillated coils), and also in straight lengths, which, if 
less than 4.75 mm in thickness having a width that is 0.5 inch or 
greater and that measures at least 10 times the thickness; or, if of a 
thickness of 4.75 mm or more, having a width exceeding 150 mm and 
measuring at least twice the thickness. The products described above 
may be rectangular, square, circular or other shape and include 
products of either rectangular or 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.
    The above is simply a summary of the products covered by the 
investigation. For the dispositive description of the scope of this 
investigation, see the ``Scope of Investigation'' section of the 
Decision Memorandum, which is on file in Room B-099 of the Department's 
Main Building and available on the World Wide Web at www.ita.doc.gov/
import__admin/ records/frn.

Analysis of Comments Received

    All issues raised in the brief by the petitioners in this case are 
addressed in the ``Issues and Decision Memorandum'' (Decision 
Memorandum) from Holly Kuga, Acting Deputy Assistant Secretary, Import 
Administration, to Troy H. Cribb, Acting Assistant Secretary for Import 
Administration, dated May 22, 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 B-099.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the World Wide Web at www.ita.doc.gov/
import__admin/records/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Changes Since the Preliminary Determination

    Given the magnitude of the unreported U.S. sales of subject 
merchandise, we have determined to base the final determination in this 
case on adverse facts available. See AFA Memo. As adverse facts 
available, we have relied upon the highest POI-wide, product-specific 
margin calculated in the preliminary determination (83.79 percent). See 
Decision Memorandum, accessible in B-099 and on the World Wide Web at 
www.ita.doc.gov/import_admin/records/frn/.

Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we are instructing 
Customs to continue to suspend liquidation of all entries of cold-
rolled flat-rolled carbon-quality steel products from Indonesia that 
are entered, or withdrawn from warehouse, for consumption on or after 
January 7, 2000, the date of publication of the Preliminary 
Determination. The Customs Service shall continue to require a cash 
deposit or the posting of a bond based on the estimated weighted-
average dumping margins shown below. The suspension of liquidation 
instructions will remain in effect until further notice.
    Section 735(c)(5)(B) of the Act provides that, where the estimated 
weighted-averaged dumping margins established for all exporters and 
producers individually investigated are zero or de minimis or 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. Our recent 
practice under these circumstances has been to assign, as the ``all 
others'' rate, the simple average of the margins in the petition. See 
Notice of Final Determinations of Sales at Less Than Fair Value: 
Certain Cold-Rolled Flat-Rolled Carbon-Quality Steel Products From 
Argentina, Japan and Thailand, 65 FR 5520 (February 4, 2000); see also 
Notice of Final Determination of Sales at Less Than Fair Value: Notice 
of Final Determination of Sales at Less Than Fair Value: Stainless 
Steel Plate in Coil from Canada (``Stainless Steel Plate from 
Canada''), 64 FR 15457 (March 31, 1999); and Notice of Final 
Determination of Sales at Less Than Fair Value: Stainless Steel Plate 
in Coil from Italy (``Stainless Steel Plate from Italy''), 64 FR 15458, 
15459 (March 21, 1999).
    In this case, we have calculated the dumping margins for the sole 
Indonesian respondent based entirely on adverse facts available. 
Consistent with our practice, we have assigned to all other 
manufacturers/exporters the simple average of the margins in the 
petition, which is 43.90 percent.\2\
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    \2\ We note that this was the only margin provided in the 
petition.
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    We determine that the following weighted-average dumping margins 
exist for April 1, 1998, through March 31, 1999:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
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PT Krakatau Steel...........................................       83.79
All Others..................................................       43.90
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ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination. As our final 
determination is affirmative, the ITC will determine, within 45 days, 
whether these imports are causing material injury, or threat of 
material injury, to an industry in the United States. If the ITC 
determines that material injury or threat of 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.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.


[[Page 34657]]


    Dated: May 22, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix I--Issues in Decision Memo

Comments and Responses

    Facts Available.
[FR Doc. 00-13578 Filed 5-30-00; 8:45 am]
BILLING CODE 3510-DS-P