[Federal Register Volume 65, Number 105 (Wednesday, May 31, 2000)]
[Notices]
[Pages 34660-34661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13581]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-854]


Final Determination of Sales at Less Than Fair Value: Certain 
Cold-Rolled Flat-Rolled Carbon Quality Steel Products From The People's 
Republic of China

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: Carrie Blozy, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue N.W., Washington, DC 20230; telephone: 
(202) 482-0165.

The Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
regulations at 19 CFR part 351 (April 1999).

Final Determination

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

Case History

    We published in the Federal Register the preliminary determination 
in this investigation on January 7, 2000. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination: Cold-Rolled Flat-Rolled Carbon-Quality Steel 
Products from the People's Republic of China, 65 FR 1117 (January 7, 
2000) (``Preliminary Determination''). Since the publication of the 
Preliminary Determination, the following events have occurred.
    The Department issued supplemental questionnaires to Shanghai 
Baosteel Group Corporation (``Baosteel'') on February 14 and 29, 2000. 
Baosteel filed submissions on January 7, January 18, February 28, and 
March 14, 2000. The Department began its verification of Baosteel's 
sales and factor of production questionnaire responses on March 13, 
2000. On March 16, 2000, Mr. Chen Delin, Vice-Director of the Legal 
Department of Baosteel, advised the verifiers that Baosteel was 
terminating the verification as a result of competing demands on 
Baosteel's time. Additionally, counsel for Baosteel requested that the 
verifiers return all documentation that had been provided by Baosteel 
in support of the Department's review of certain areas of Baosteel's 
response. Therefore, the verification team immediately terminated the 
verification and returned all documents collected during the course of 
verification to Baosteel's counsel. See Memorandum For Edward Yang; 
``Verification of Sales and Factors of Production for Shanghai Baosteel 
Group Corporation (Baosteel) in the Antidumping Duty Investigation of 
Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products from the 
People's Republic of China,'' (March 22, 2000). This memorandum and all 
other Departmental memoranda referred to herein, are on file in the 
Central Records Unit, room B-099 of the main Commerce building.
    On March 29, 2000, petitioners (Bethlehem Steel Corporation, Ispat 
Inland Inc., LTV Steel Company, Inc., National Steel Corporation, and 
U.S. Steel Group, a unit of USX Corporation, (collectively 
``petitioners'') submitted their case brief with respect to Baosteel. 
Baosteel did not submit any comments.

Period of Investigation

    The period of investigation is October 1, 1998, through March 31, 
1999.

Analysis of Comment Received

    All issues raised in the case brief by parties to this 
investigation are addressed in the ``Issues and Decision Memorandum'' 
(``Decision Memorandum'') from Joseph A. Spetrini, 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.

Scope of Investigation

    For a description of the scope of this investigation, see the 
``Scope of Investigation'' section of the Decision Memorandum, which is 
on file in B-099 and available on the Web at www.ita.doc.gov/ 
import_admin/records/frn/.

Use of Facts Available

    For a discussion of our application of facts available, see the 
``Facts Available'' section of the Decision Memorandum, which is on 
file in B-099 and available on the Web at www.ita.doc.gov/import_admin/records/frn/.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service to continue to suspend liquidation of all 
entries of subject merchandise from the PRC, that are entered, or 
withdrawn from warehouse, for consumption on or after January 7, 2000 
(the date of publication of the Preliminary Determination in the 
Federal Register). The Customs Service shall continue to require a cash 
deposit or posting of a bond equal to the estimated amount by which the 
normal value exceeds the U.S. price as shown below. These suspension of 
liquidation instructions will remain in effect until further notice.
    The weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
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PRC-Wide rate..............................................        23.72
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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, within 45 days, 
determine whether these imports are materially injuring, or

[[Page 34661]]

threaten material injury to, the U.S. industry. If the ITC determines 
that material injury, or threat of material 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 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.

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

Appendix I--Issues in Decision Memo Comments and Responses

1. Adverse Facts Available.

[FR Doc. 00-13581 Filed 5-30-00; 8:45 am]
BILLING CODE 3510-DS-P