[Federal Register Volume 66, Number 10 (Tuesday, January 16, 2001)]
[Notices]
[Pages 3543-3545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1224]



[[Page 3543]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-822/823]


Notice of Final Results of Antidumping Duty Administrative 
Reviews and Determination Not To Revoke in Part: Certain Corrosion-
Resistant Carbon Steel Flat Products and Cut-to-Length Carbon Steel 
Plate From Canada

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

ACTION: Final results of antidumping duty administrative reviews and 
determination not to revoke in part.

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SUMMARY: On September 8, 2000, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
reviews of the antidumping duty orders on certain corrosion-resistant 
carbon steel flat products (CORE) and cut-to-length carbon steel plate 
(CTL) from Canada (65 FR 54481). These reviews cover five 
manufacturers. The period of review is August 1, 1998 through July 31, 
1999.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. The final weighted-average dumping 
margins for the reviewed firms are listed below in the section entitled 
``Final Results of the Reviews.''

EFFECTIVE DATE: January 16, 2001.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley at (202) 482-0666 
(Dofasco Inc. and Sorevco Inc. (collectively, Dofasco) and Gerdau MRM 
Steel Co. (MRM)), Elfi Blum-Page at (202) 482-0197 (Continuous Colour 
Coat, Ltd. (CCC) and Clayson Steel Co. (Clayson)), or Abdelali 
Elouaradia at (202) 482-1374, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

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. In addition, unless otherwise 
indicated, all citations to the Department's regulations are to 19 CFR 
Part 351 (1999).

Background

    On September 8, 2000, the Department published the preliminary 
results of administrative reviews of the antidumping duty orders on 
CORE and CTL from Canada (65 FR 54481). We invited parties to comment 
on the preliminary results of the reviews. On October 9 and 10, 2000, 
petitioners, CCC, Clayson, Dofasco, and MRM filed case briefs. On 
October 14 and 16, 2000, petitioners, Clayson, and Dofasco filed 
rebuttal briefs. The Department has conducted these administrative 
reviews in accordance with section 751 of the Act.

Scope of Reviews

    The merchandise covered by these orders consists of two separate 
``classes or kinds'' of merchandise: (1) CORE, and (2) CTL plate. The 
first class or kind, CORE, includes 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 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 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. Included in this review 
are corrosion-resistant 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 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 this review 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 from this review 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% ratio.
    The second class or kind, CTL plate, includes hot-rolled carbon 
steel universal mill plates (i.e., flat-rolled products rolled on four 
faces or in a closed box pass, of a width exceeding 150 millimeters but 
not exceeding 1,250 millimeters and of a thickness of not less than 4 
millimeters, not in coils and without patterns in relief), of 
rectangular shape, neither clad, plated nor coated with metal, whether 
or not painted, varnished, or coated with plastics or other nonmetallic 
substances; and certain hot-rolled carbon steel flat-rolled products in 
straight lengths, of rectangular shape, hot rolled, neither clad, 
plated, nor coated with metal, whether or not painted, varnished, or 
coated with plastics or other nonmetallic substances, 4.75 millimeters 
or more in thickness and of a width which exceeds 150 millimeters and 
measures at least twice the thickness, as currently classifiable in the 
HTS under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 
7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 
7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. 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 grade X-70 plate. Also excluded is cut-to-length carbon 
steel plate meeting the following criteria: (1) 100% dry steel plates, 
virgin steel, no scrap content (free of Cobalt-60 and other radioactive 
nuclides); (2) .290 inches maximum thickness, plus 0.0,

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minus .030 inches; (3) 48.00 inch wide, plus .05, minus 0.0 inches; (4) 
10 foot lengths, plus 0.5, minus 0.0 inches; (5) flatness, plus/minus 
0.5 inch over 10 feet; (6) AISI 1006; (7) tension leveled; (8) pickled 
and oiled; and (9) carbon content, 0.03 to 0.08 (maximum). With respect 
to both classes or kinds, the HTS item numbers are provided for 
convenience and Customs purposes. The written description remains 
dispositive of the scope of these reviews.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these administrative reviews are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Joseph A Spetrini, Deputy Assistant 
Secretary, Import Administration, to Troy H. Cribb, Assistant Secretary 
for Import Administration, dated January 8, 2001, which is hereby 
adopted by this notice.
    On November 21, 2000, petitioners and Dofasco submitted a letter to 
the Department withdrawing their respective case briefs and rebuttal 
briefs. They requested that we not consider these briefs for our final 
results. We have decided to grant this request and, therefore, the 
Decision Memo does not contain a discussion of any issues relating to 
Dofasco.
    A list of the issues which parties have raised and to which we have 
responded, all of which are in the Decision Memo, is attached to this 
notice as an Appendix. 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 Records Unit, 
located in room B-099 of the main Department of Commerce Building. In 
addition, a complete version of the Decision Memo can be accessed 
directly on the Web at http://ia.ita.doc.gov. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. We have also corrected certain 
programming and clerical errors in our preliminary results, where 
applicable.

Determination Not To Revoke the CTL Order in Part

    Based on our analysis of comments received, the Department has 
decided not to alter its preliminary determination not to revoke the 
order as it pertains to shipments to the United States from MRM. Our 
analysis of these comments are also contained in the Decision Memo.

Sales Below Cost in the Home Market

    The Department disregarded home market below-cost sales that failed 
the cost test for CCC, Clayson, Dofasco, and MRM in the final results 
of review.

Determination To Apply the Adverse Facts Available Rate to Metaux 
Russel Inc.

    The Department received no comments on its preliminary 
determination to apply an adverse facts available rate to Metaux Russel 
Inc., a respondent in the CTL review. Therefore, we have not altered 
this decision for these final results of review.

Final Results of Review

    We determine that the following weighted-average margins exist for 
the period August 1, 1998 through July 31, 1999:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Certain Corrosion-Resistant Carbon Steel Flat Products:
  Continous Colour Coat, Ltd...............................         1.81
  Dofasco Inc. and Sorevco Inc.............................         0.51
Certain Cut-to-Length Carbon Steel Plate:
  Clayson Steel Co.........................................         0.27
  Gerdau MRM Steel Co......................................         0.00
  Metaux Russel Inc........................................        68.70
------------------------------------------------------------------------

Liquidation

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated exporter/importer-specific 
assessment rates. We divided the total dumping margins for the reviewed 
sales by the total entered value of those reviewed sales for each 
importer. We will direct Customs to assess the resulting percentage 
margins against the entered Customs values for the subject merchandise 
on each of that importer's entries under the relevant order during the 
review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of CORE from Canada entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rates 
for the reviewed company will be the rate shown above; (2) for 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original less-than-fair-
value (LTFV) 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 (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 18.71 percent. 
This rate is the ``All Others'' rate from the LTFV investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    As a result of a Sunset Review, the Department has revoked the 
antidumping duty order for CTL from Canada, effective January 1, 2000. 
See Revocation of Antidumping and Countervailing Duty Orders on Certain 
Carbon Steel Products From Canada, Germany, Korea, the Netherlands, and 
Sweden, 65 FR 78467 (Dec. 15, 2000). Therefore, we have instructed the 
Customs Service to terminate suspension of liquidation for all entries 
of CTL made on or after January 1, 2000, and antidumping cash deposit 
requirements for this merchandise are no longer necessary.
    Entries of subject merchandise made prior to January 1, 2000, will 
continue to be subject to suspension of liquidation and antidumping 
duty deposit requirements. The Department will complete any pending 
reviews of this order and will conduct administrative reviews of 
subject merchandise entered prior to the effective date of revocation 
in response to appropriately filed requests for review.

Reminders

    This notice also 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 doubled antidumping duties.
    This notice also serves as a 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 written 
notification of the return/destruction of

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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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: January 8, 2001.
Troy H. Cribb,
Assistant Secretary for Import Administration.

Appendix--List of Issues

for CCC:
1. Clerical Errors
for Clayson:
1. Model Match
2. General and Administrative Expenses
3. Quantity Adjustments
4. Hourly Production Rates
5. Overhead Exclusions
6. Clerical Errors
for Dofasco:
No Issues
for MRM:
1. Revocation

[FR Doc. 01-1224 Filed 1-12-01; 8:45 am]
BILLING CODE 3510-DS-P