[Federal Register Volume 66, Number 153 (Wednesday, August 8, 2001)]
[Notices]
[Page 41550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19779]



[[Page 41550]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-829]


Stainless Steel Wire Rod From Korea: Amendment of Final 
Determination of Sales at Less Than Fair Value Pursuant to Court 
Decision

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

ACTION: Amendment of final determination of sales at less than fair 
value pursuant to Court Decision.

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SUMMARY: On April 10, 2001, the United States Court of International 
Trade (CIT) affirmed the determination made by the Department of 
Commerce (the Department) pursuant to a remand of the final antidumping 
duty determination of sales at less than fair value on stainless steel 
wire rod from Korea. Al Tech Specialty Steel Corp., et. al., v. United 
States, Slip Op. 01-41 (CIT April 10, 2001). In the remand 
determination, the Department reclassified Changwon Specialty Steel 
Co., Ltd.'s (Changwon's) U.S. sales as constructed export price (CEP) 
sales. As this decision is now final and conclusive, we are amending 
the final determination.

EFFECTIVE DATE: August 7, 2001.

FOR FURTHER INFORMATION CONTACT: Alexander Amdur, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-5346.

SUPPLEMENTARY INFORMATION:

Background

    On July 29, 1998, the Department published in the Federal Register 
a notice of final determination of sales at less than fair value on 
stainless steel wire rod from Korea. See Notice of Final Determination 
of Sales at Less than Fair Value: Stainless Steel Wire Rod from Korea, 
63 FR 40404 (July 29, 1998) (Final Determination). On September 15, 
1998, the Department published in the Federal Register a notice of 
amendment of final determination of sales at less than fair value and 
antidumping duty order on stainless steel wire rod from Korea. See 
Notice of Amendment of Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Stainless Steel Wire Rod From Korea, 
63 FR 49331 (September 15, 1998) (Amended Final Determination). The 
petitioners in this case, Al Tech Specialty Steel Corporation, 
Carpenter Technology Corp., Republic Engineered Steels, Talley Metals 
Technology, Inc., and United Steelworkers of America, AFL-CIO/CLC, 
subsequently appealed the Department's determination before the CIT on 
one issue, the classification of Changwon's U.S. sales. The CIT issued 
a remand, at Commerce's request, to reconsider this issue in light of 
the decision of the U.S. Court of Appeals for the Federal Circuit 
(Federal Circuit) in AK Steel v. United States, 226 F.3d 1330 (Fed. 
Cir. 2000) (AK Steel),\1\ which was issued during the pendency of the 
litigation. Al Tech Specialty Steel Corp., et al., v. United States, 
Court No. 98-10-03054 (CIT October 31, 2000) (order granting voluntary 
remand) (Al Tech).
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    \1\ Note, on February 23, 2000, the Federal Circuit first issued 
an opinion in AK Steel, No. 99-1296. See 203 F.3d 1330 (Fed. Cir. 
2000). The Korean producers then filed a petition for rehearing and 
suggestion for rehearing en banc. The Federal Circuit granted the 
petition for rehearing for the limited purpose of clarifying the 
Court's opinion. As a result, the Court withdrew the previous 
opinion and issued a revised opinion on September 12, 2000. See AK 
Steel, 226 F.3d 1330 (Fed. Cir. 2000). All references to AK Steel in 
this notice refer to the revised, September 12, 2000, opinion.
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    The Department filed its redetermination on remand on February 9, 
2001. The Department, for purposes of the remand, reclassified 
Changwon's U.S. sales as CEP sales. On April 10, 2001, the CIT affirmed 
the Department's remand determination. Al Tech Specialty Steel Corp., 
et. al., v. United States, Slip Op. 01-41 (CIT April 10, 2001). No 
parties have appealed this decision.
    As a result of the remand determination, the final dumping margins 
are as follows:

------------------------------------------------------------------------
                                                                 Margin
                         Manufacturer                          (percent)
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Changwon, Pohang Iron and Steel Co., Ltd., and Dongbang             5.77
 Special Steel Co., Ltd......................................
Sammi Steel Co., Ltd.........................................  \1\ 28.44
All Others...................................................      5.77
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\1\ Unchanged from the Amended Final Determination

Cash Deposit Requirements

    The Department will direct the United States Customs Service to 
require, on or after the date of publication of this notice in the 
Federal Register, the cash deposit rates listed above for the subject 
merchandise. These cash deposit requirements, when imposed, shall 
remain in effect until publication of the final results of an 
administrative review of this order.

    Dated: July 20, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-19779 Filed 8-6-01; 8:45 am]
BILLING CODE 3510-DS-P