[Federal Register Volume 65, Number 105 (Wednesday, May 31, 2000)]
[Notices]
[Pages 34658-34660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13580]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-834]


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

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: Edward Easton or Keir Whitson, at 
(202) 482-3003 or (202) 482-1777, respectively; Import Administration, 
International Trade Administration, U.S. Department of Commerce, 
Washington, D.C. 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 (1999).

Final Determination

    We determine that cold-rolled flat-rolled carbon-quality steel 
products (cold-rolled steel products) from Taiwan 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 Taiwan, 65 
FR 1095 (January 7, 2000). The investigation initially covered two 
manufacturers/exporters: China Steel Corporation (CSC), and Taiwan 
Tokkin Corporation (Tokkin). Since the preliminary determination, the 
Department has concluded that the merchandise exported by Taiwan 
Tokkin, for the purpose of this investigation, is of Japanese origin. 
As a result, this final determination covers only CSC. See Issues and 
Decision Memorandum (Decision Memorandum) from Holly A. Kuga, Acting 
Deputy Assistant Secretary for Import Administration, to Troy H. Cribb, 
Acting Assistant Secretary for Import Administration, dated May 22, 
2000, which is hereby adopted by this notice. The period of 
investigation is April 1, 1998, through March 31, 1999.
    From January 17 through January 21, 2000, the Department conducted 
a verification of CSC's sales data.\1\

[[Page 34659]]

Counsel to CSC requested a hearing on February 7, 2000, and withdrew 
the request on March 10, 2000. No other interested party requested a 
hearing. The petitioners \2\ and CSC submitted case briefs on April 7, 
2000, and rebuttal briefs on April 12, 2000. On April 25 and April 26, 
2000, the petitioners submitted requests that the Department reject 
certain information contained in CSC's rebuttal brief, on the grounds 
that it contained new factual information that had been untimely filed. 
On April 26, 2000, CSC responded to the petitioners' claims that CSC's 
rebuttal brief contained new factual information. The Department 
determined that certain information was untimely filed, and disregarded 
that information in reaching its final determination. See Memorandum to 
the File, dated May 22, 2000.
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    \1\ The Department also conducted verification of the 
information submitted by Tokkin. However, as noted above, the 
Department has determined that Tokkin's merchandise exported to the 
United States during the POI to be of Japanese origin, such that 
this final determination covers only CSC.
    \2\ 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, the 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 case and rebuttal briefs by parties to 
this antidumping proceeding 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

    Based on our findings at verification and analysis of comments 
received, we have made adjustments to the preliminary determination 
calculation methodology in determining the final dumping margin in this 
proceeding. These adjustments are discussed in the Decision Memorandum.

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 Taiwan 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.
    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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China Steel Corporation.....................................       14.97
All Others..................................................       14.97
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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 are a 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 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. The 
Department will also instruct the Customs Service to regard cold-rolled 
steel products manufactured by Tokkin, as described in the Decision 
Memorandum, to be of Japanese origin, and to terminate the suspension 
of liquidation of such products with respect to this proceeding. If the 
Department finds that Tokkin exports to the United States cold-rolled 
steel that the Department determines to be of Taiwan origin, those 
entries will be subject to the ``all others'' rate in this 
investigation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

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

Appendix

Issues Covered in Decision Memorandum

    1. Country of Origin
    2. Rejection of CSC's Special Incentive Program Discounts
    3. Re-coding of certain CSC home market sales
    4. Adverse inference for CSC's stevedoring expenses
    5. Adverse inference for CSC's home market warranty expenses
    6. Materials--scrap recovery
    7. Materials--inventory valuation adjustments
    8. General and administrative expense
    9. General and administrative expense and financial expense 
ratios

[[Page 34660]]

    10. Exchange gains and losses
    11. Non-operating income and expenses
    12. Scrap revenue
    13. Short-term interest income

[FR Doc. 00-13580 Filed 5-30-00; 8:45 am]
BILLING CODE 3510-DS-P