[Federal Register Volume 65, Number 149 (Wednesday, August 2, 2000)]
[Notices]
[Pages 47380-47382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19562]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-826]


Corrosion-Resistant Carbon Steel Flat Products From Japan; Final 
Results of Full Sunset Review of Antidumping Duty Order

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

ACTION: Notice of final results of full sunset review: Corrosion-
Resistant Carbon Steel Flat Products from Japan.

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SUMMARY: On March 27, 2000, the Department of Commerce (``the 
Department'') published a notice of preliminary results of the full 
sunset review of the antidumping duty order on corrosion-resistant 
carbon steel flat products from Japan (65 FR 16169) pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``the Act''). We provided 
interested parties an opportunity to comment on our preliminary 
results. We received comments from both domestic and respondent 
interested parties. As a result of this review, the Department finds 
that revocation of this order would be likely to lead to continuation 
or recurrence of dumping.

EFFECTIVE DATE: August 2, 2000.

FOR FURTHER INFORMATION CONTACT: Kathryn B. McCormick or James Maeder, 
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) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    This review is being conducted pursuant to sections 751(c) and 752 
of the Act. The Department's procedures for the conduct of sunset 
reviews are set forth in Procedures for Conducting Five-year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63 
FR 13516 (March 20, 1998) (``Sunset Regulations'') and in CFR part 351 
(1999) in general. 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 March 27, 2000, the Department of Commerce (``the Department'') 
published in the Federal Register a notice of preliminary results of 
the full sunset review of the antidumping duty order on corrosion-
resistant carbon steel flat products from Japan (65 FR 16169) pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). 
In our preliminary results, we found that revocation of the order would 
likely result in continuation or recurrence of dumping with net margins 
of 36.41 percent for Nippon Steel Corporation (``NSC''), Kawasaki Steel 
Corporation (``Kawasaki'') and ``all others.''
    On April 26, 2000, Bethlehem Steel Corporation, U.S. Steel Group, a 
unit of USX Corporation (``domestic interested parties'') requested a 
hearing in the sunset review. On May 1, 2000, NSC notified the 
Department of its intent to participate in the hearing. Subsequently, 
interested parties withdrew their requests for a hearing.
    On May 5, 2000, we received a request from NSC for an extension of 
the deadline for filing case briefs; the Department extended the 
deadline for filing case briefs and rebuttal briefs for all 
participants eligible to participate until May 12, 2000, and May 18, 
2000, respectively.
    On May 12, 2000, within the deadline specified in 19 CFR 
351.309(c)(1)(i), we received a case brief on behalf of NSC. On May 17, 
2000, domestic interested parties requested an extension of the 
deadline for filing rebuttal briefs. On May 19, 2000, the Department 
granted an extension for domestic interested parties to file rebuttal 
briefs until May 23, 2000. Also, on May 17, 2000, we received a request 
from NSC to file a letter in response to domestic interested parties' 
failure to file a case brief. On May 19, 2000, the Department, pursuant 
to 19 CFR 351.309(d)(2), rejected NSC's request.
    We received a rebuttal brief from domestic interested parties on 
May 23, 2000.

Scope of Review

    The order covers flat-rolled carbon steel products, of rectangular 
shape, either clad, plated, or coated with corrosion-resistant metals 
such as zinc, aluminum, or zinc-, aluminum-, nickel-or iron-based 
alloys, whether or not corrugated or painted, varnished or coated with 
plastics or other nonmetallic substances in addition to the metallic 
coating, in coils (whether or not in successively superimposed layers) 
and of a width of 0.5 inch or greater, or in straight lengths which, if

[[Page 47381]]

of a thickness less than 4.75 millimeters, are of a width of 0.5 inch 
or greater and which measures at least 10 times the thickness or, if of 
a thickness of 4.75 millimeters or more, are of a width which exceeds 
150 millimeters and measures at least twice the thickness.\1\ These 
products are currently classifiable in the Harmonized Tariff Schedule 
(``HTS'') under item numbers 7210.30.0030, 7210.30.0060, 7210.41.0000, 
7210.49.0030, 7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 
7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 
7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 
7212.40.1000, 7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 
7217.90.1000, 7217.90.5030, 7217.90.5060, and 7217.90.5090.
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    \1\ See Certain Corrosion-Resistant Carbon Steel Flat Products 
from Japan: Preliminary Results of Antidumping Duty Administrative 
Review, 64 FR 44483 (August 16, 1999).
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    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 bevelled or rounded 
at the edges.
    Excluded from order are flat-rolled steel products either plated or 
coated with tin, lead, chromium, chromium oxides, both tin and lead 
(``terne plate''), or both chromium and chromium oxides (``tin-free 
steel''), whether or not painted, varnished or coated with plastics or 
other nonmetallic substances in addition to the metallic coating. Also 
excluded from these investigations are clad products in straight 
lengths of 0.1875 inch or more in composite thickness and of a width 
which exceeds 150 millimeters and measures at least twice the 
thickness. Also excluded are certain clad stainless flat-rolled 
products which are three-layered corrosion-resistant carbon steel flat-
rolled products less than 4.75 millimeters in composite thickness that 
consist of a carbon steel flat-rolled product clad on both sides with 
stainless steel in a 20-60-20 percent ratio. The HTS item numbers are 
provided for convenience and Customs purposes. The written description 
remains dispositive.
    Also excluded are certain corrosion-resistant carbon steel flat 
products meeting the following specifications: (1) Widths ranging from 
10 millimeters (0.394 inches) through 100 millimeters (3.94 inches); 
(2) thicknesses, including coatings, ranging from 0.11 millimeters 
(0.004 inches) through 0.60 millimeters (0.024 inches); and (3) a 
coating that is from 0.003 millimeters (0.00012 inches) through 0.005 
millimeters (0.000196 inches) in thickness and that is comprised of 
either two evenly applied layers, the first layer consisting of 99 
percent zinc, 0.5 percent cobalt, and 0.5 percent molybdenum followed 
by a layer consisting of chromate, and finally, a layer consisting of 
silicate.
    There have been three completed changed circumstances 
administrative reviews. On December 22, 1997, the Department published 
the final results of a changed circumstances review requested by Sudo 
Corporation.\2\ In this review, the Department revoked the antidumping 
duty order with regard to certain electrolytic zinc-coated steel coiled 
rolls from Japan.
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    \2\ See Certain Corrosion-Resistant Carbon Steel Flat Products 
from Japan: Final Results of Change Circumstances Antidumping Duty 
Administrative Review, and Revocation in Part of Antidumping Duty 
Order, 62 FR 66848 (December 22, 1997).
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    In the second changed circumstances review, requested by Uchiyama, 
the Department revoked the antidumping duty order with regard to 
certain corrosion-resistant carbon steel flat products used in the 
manufacture of rubber seals and metal inserts for ball bearings.\3\
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    \3\ See Certain Corrosion-Resistant Carbon Steel Flat Products 
from Japan: Final Results of Change Circumstances Antidumping Duty 
Administrative Review, and Revocation in Part of Antidumping Duty 
Order, 64 FR 14861 (March 29, 1999).
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    The Department completed a third changed circumstances review, 
requested by Taiho Corporation of America, in which it determined to 
revoke the order with respect to (1) certain products meeting the 
requirements of SAE standard 792 for Bearing and Bushing Alloys, and 
(2) certain products meeting the requirements of SAE standard 783 for 
Bearing and Bushing Alloys.\4\
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    \4\ See Certain Corrosion-Resistant Carbon Steel Flat Products 
from Japan: Final Results of Change Circumstances Antidumping Duty 
Administrative Review, and Revocation in Part of Antidumping Duty 
Order, 64 FR 57032 (October 22, 1999).
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    A fourth changed circumstances review was initiated on July 12, 
2000.\5\
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    \5\ See Certain Corrosion-Resistant Carbon Steel Flat Products 
from Japan: Notice of Initiation of Change Circumstances Review of 
the Antidumping Order and Intent to Revoke the Order in Part, 65 FR 
42986 (July 12, 2000).
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    There has been one circumvention inquiry initiated regarding this 
proceeding. On October 30, 1998, the Department initiated an 
anticircumvention inquiry regarding boron-added corrosion-resistant 
carbon steel flat products from Japan.\6\ The inquiry was subsequently 
enjoined by the Court of International Trade in Nippon Steel v. United 
States, Ct. No. 98-10-03102 (Ct. Int'l Trade). The case is now pending 
before the Court of Appeals for the Federal Circuit, No. 99-1379, 1386 
(Fed.Cir.).
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    \6\ See Corrosion-Resistant Carbon Steel Flat Products from 
Japan; Initiation of Anticircumvention Inquiry on Antidumping Duty 
Order, 63 FR 58364 (October 30, 1998).
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    The Department has conducted one scope ruling at the request of 
Drive Automotive Industries of America, Inc. (``Drive Automotive''). On 
February 24, 1998, the Department found that steel coils imported by 
Drive Automotive and having a thickness of 0.8 mm and a width of 2000 
mm, electrolytically coated with zinc, were within the scope of the 
order (63 FR 29700, June 1, 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 Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated July 27, 2000, which is 
hereby adopted by this notice. The issues discussed in the 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 Record 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/, under the heading ``Japan.'' 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 
corrosion-resistant carbon steel flat products from Japan would be 
likely to lead to continuation or recurrence of dumping at the 
following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/exporters                     (percent)
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Nippon Steel Corporation.....................................      36.41
Kawasaki Steel Corporation...................................      36.41
All Others...................................................      36.41
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[[Page 47382]]

    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. 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: July 27, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-19562 Filed 8-1-00; 8:45 am]
BILLING CODE 3510-DS-P