[Federal Register Volume 65, Number 151 (Friday, August 4, 2000)]
[Notices]
[Pages 47956-47957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19820]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-804]


Certain Cold-Rolled Carbon Steel Flat Products From the 
Netherlands: Final Results of Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On May 10, 2000, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain cold-rolled carbon steel flat 
products from the Netherlands (65 FR 30062). This review covers one 
manufacturer/exporter of the subject merchandise to the United States 
and the period of review (POR) of August 1, 1998, through July 31, 
1999. The sole respondent did not respond to our supplemental 
questionnaire and subsequently withdrew from this review. As a result, 
we based our preliminary results on adverse facts available. We did not 
receive comments from any interested parties, and have made no changes 
to our preliminary results. The final weighted-average dumping margin 
for the reviewed firm is listed below in the section entitled ``Final 
Results of Review.''

EFFECTIVE DATE: August 4, 2000.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, 
Enforcement Group III, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2657 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 10, 2000, the Department published in the Federal Register 
(65 FR 30062) the preliminary results of the administrative review of 
the antidumping duty order on certain cold-rolled carbon steel flat 
products from the Netherlands (58 FR 44172 (August 19, 1993); see also 
61 FR 47871 (September 11, 1996)). We invited parties to comment on our 
preliminary results. We received no comments. The Department has now 
completed this administrative review in accordance with section 751 of 
the Tariff Act of 1930, as amended.

Applicable Statute and Regulations

    Unless otherwise stated, all citations to the Tariff Act of 1930, 
as amended, (the Tariff Act) are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the 
Tariff Act by the Uruguay Round Agreements Act (URAA). In addition, 
unless otherwise indicated, all citations to the Department's 
regulations are to 19 CFR Part 351 (April 1, 2000).

Scope of This Review

    The products covered by this review include cold-rolled (cold-
reduced) carbon steel flat-rolled products, of rectangular shape, 
neither clad, plated nor coated with metal, whether or not painted, 
varnished or coated with plastics or other nonmetallic substances, 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 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, as currently 
classifiable in the Harmonized Tariff Schedule (HTS) under item numbers 
7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0090, 7209.17.0030, 
7209.17.0060, 7209.17.0090, 7209.18.1530, 7209.18.1560, 7209.18.2550, 
7209.18.6000, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 
7209.90.0000, 7210.70.3000, 7210.90.9000, 7211.23.1500, 7211.23.2000, 
7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 
7211.23.6085,7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 
7211.29.6080,

[[Page 47957]]

7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7215.50.0015, 
7215.50.0060, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 
7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 
and 7217.90.5090. Included in this review 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 review is certain 
shadow mask steel, i.e., aluminum-killed, cold-rolled steel coil that 
is open-coil annealed, has a carbon content of less than 0.002 percent, 
of 0.003 to 0.012 inch in thickness, 15 to 30 inches in width, and has 
an ultra flat, isotropic surface. These HTS item numbers are provided 
for convenience and Customs purposes. The written description remains 
dispositive.

Period of Review

    The POR is August 1, 1998, through July 31, 1999. This review 
covers entries of certain cold-rolled carbon steel flat products from 
the Netherlands produced by Hoogovens Staal B.V. (Hoogovens).

Changes Since the Preliminary Results

    We received no comments from interested parties, and we have made 
no changes to our preliminary results.

Use of Facts Available

    For reasons set forth in our preliminary determination, we have 
determined that the use of adverse facts available is warranted in this 
case. In addition, we preliminarily determined that the rate assigned 
to Hoogovens in the current review is corroborated. See Cold-Rolled 
Carbon Steel Flat Products From the Netherlands: Preliminary Results of 
Antidumping Duty Administrative Review, 65 FR 30062 (May 10, 2000).
    Section 776(b) of the Tariff Act permits the Department to use an 
inference that is adverse to a particular party under certain 
circumstances, and specifies that ``[s]uch adverse inference may 
include reliance on information derived from (1) the petition, (2) a 
final determination in the investigation under this title, (3) any 
previous review under section 751 or determination under section 753, 
or (4) any other information placed on the record.'' The rate we have 
applied to Hoogovens in the current review, 19.32 percent, is the 
actual rate calculated for Hoogovens in the amended final determination 
of the original less than fair value (LTFV) investigation.
    In corroborating this rate, we note that Hoogovens has been the 
only respondent subject to this antidumping duty order since its 
inception. Hoogovens' rates, calculated for review periods subsequent 
to the LTFV, ranged from a high of 5.54 percent in the first 
administrative review period (August 18, 1993 through July 31, 1994) to 
a de minimis rate in the most recently completed segment of these 
proceedings (August 1, 1997 through July 31, 1998). However, these 
lower rates were calculated during review periods in which Hoogovens 
cooperated to the best of its ability. In the current review, Hoogovens 
failed to cooperate to the best of its ability. Based upon the premise 
that Hoogovens would have cooperated to the best of its ability if it 
had a dumping margin of less than 19.32 percent, and absent any 
evidence to the contrary, we have determined that 19.32 percent, the 
rate calculated for the amended final determination of the LTFV 
investigation, is probative of the rate that Hoogovens would have 
received had it fully cooperated in this review. Therefore, as adverse 
facts available we have assigned a margin of 19.32 percent to Hoogovens 
for the current review.

Final Results of Review

    As a result of our review, we determine that the weighted-average 
margin for Hoogovens Staal B.V. for the period of August 1, 1998 
through July 31, 1999 is 19.32 percent.
    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. For assessment 
purposes, the duty assessment rate will be an ad valorem rate applied 
to the entered value of the subject merchandise. The Department will 
issue appraisement instructions directly to the Customs Service.
    Furthermore, the following deposit requirements will be effective 
upon publication of this notice of final results of review for all 
shipments of cold-rolled carbon steel flat products from the 
Netherlands entered, or withdrawn from warehouse, for consumption on or 
after the publication date, as provided for by section 751(a)(1) of the 
Tariff Act: (1) The cash deposit rate for Hoogovens will be 19.32 
percent; (2) if the exporter is not a firm covered in this review, a 
prior review, or the original less than fair value investigation, but 
the manufacturer is, the cash deposit rate will be the rate established 
for the most recent period for the manufacturer of the merchandise; and 
(3) if neither the exporter nor the manufacturer is a firm covered in 
this review, the cash deposit rate will be 19.32 percent. This is the 
``all others'' rate from the amended final determination in the less 
than fair value investigation. See Amended Final Determination Pursuant 
to CIT Decision: Certain Cold-Rolled Carbon Steel Flat Products from 
the Netherlands, 61 FR 47871 (September 11, 1996).
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO. Timely notification of return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act and 
sections 351.213 and 351.221 of the Department's regulations.

    Dated: July 27, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-19820 Filed 8-3-00; 8:45 am]
BILLING CODE 3510-DS-P