[Federal Register Volume 66, Number 153 (Wednesday, August 8, 2001)]
[Notices]
[Pages 41550-41553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19910]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-854]


Certain Tin Mill Products from Japan: Preliminary Results of 
Changed Circumstances Review

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

ACTION: Preliminary Results of Changed Circumstances Review.

-----------------------------------------------------------------------

EFFECTIVE DATE: August 8, 2001.
SUMMARY: We preliminarily determine that, because several interested 
parties are interested in the maintenance of the order with respect to 
the merchandise described below, there is no reasonable basis to 
believe that changed circumstances sufficient to warrant revocation 
exist. Therefore, we preliminarily determine that there is insufficient 
industry support for revoking the order with respect to that 
merchandise. Interested parties are invited to comment on these 
preliminary results (see the Preliminary Results of Review and Intent 
to Not Revoke the Antidumping Duty Order section, below).

FOR FURTHER INFORMATION CONTACT: Michael Ferrier or Steve Bezirganian, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-1394 or (202) 482-1131, 
respectively.

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 (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to the regulations at 19 CFR part 351 
(2001).

SUPPLEMENTARY INFORMATION:

Background

    On August 28, 2000, the Department published in the Federal 
Register the antidumping duty order on certain tin mill products from 
Japan (Certain Tin

[[Page 41551]]

Mill Products from Japan: Notice of Antidumping Duty Order, 65 FR 52067 
(August 28, 2000)). On April 6, 2001, Weirton Steel and the Independent 
Steelworkers Union, petitioners in this proceeding, requested that the 
Department revoke in part the antidumping duty order on certain tin 
mill products from Japan. On May 3, 2001, petitioners submitted a 
change in the definition of the product for which they requested a 
changed circumstances review. Specifically, petitioners requested that 
the Department revoke the order with respect to imports of merchandise 
meeting certain specifications (hereafter referred to as ``the 
merchandise in question''). This merchandise is described in the 
``Scope of Review'' section, below.
    Weirton Steel, a domestic producer of the subject merchandise, 
together with the Independent Steelworkers Union and the United 
Steelworkers of America, AFL-CIO, were the petitioners in the 
underlying sales at less-than-fair-value investigation. In their 
changed circumstances request, petitioners stated that they have no 
interest in maintaining the antidumping duty order on certain tin mill 
products from Japan with respect to the merchandise in question, and 
that they believe that none of the known producers of the subject 
merchandise have any interest in having the merchandise in question 
remain within the scope of the antidumping order. However, the 
Department had no information on the record that the other known 
domestic producers of tin mill products, Bethlehem Steel Corp., 
National Steel Corp. (``National Steel'') , Midwest Division, Ohio 
Coatings Co., U.S. Steel Group, a Unit of USX Corp., and USS-Posco 
Industries, Inc. (``UPI''), had no interest in maintaining the 
antidumping duty order with respect to the merchandise in question 
described in Weirton's request. Therefore, we did not combine the 
initiation with the preliminary results, which is our normal practice 
under section 351.221(c)(3)(ii).
    On May 21, 2001, we initiated a changed circumstances review for 
the merchandise in question (Certain Tin Mill Products From Japan: 
Notice of Initiation of Changed Circumstances Review of the Antidumping 
Duty Order, 66 FR 29086 (May 29, 2001) (``Initiation of Changed 
Circumstances Review''). In the initiation notice, we indicated that 
interested parties could submit comments for consideration in the 
Department's preliminary results not later than 20 days after 
publication of the initiation of the review, and submit responses to 
those comments not later than 10 days following the submission of 
comments.
    On June 15, 2001, we received comments from UPI. UPI is a domestic 
producer of subject merchandise and is an interested party pursuant to 
771(9)(C) of the Act. UPI indicated that it can and has produced the 
merchandise in question, that it has an interest in maintaining the 
antidumping duty order with respect to that merchandise, and that it 
would object to the exclusion of the merchandise in question from the 
order.
    On June 18, 2001, we received comments from National Steel, a 
domestic producer of subject merchandise and, therefore, an interested 
party pursuant to 771(9)(C) of the Act, indicating that it has an 
interest in maintaining the order with respect to the merchandise in 
question, and that it would object to the exclusion of that merchandise 
from the order. National Steel's comments also note that petitioners 
failed to show that producers accounting for at least 85 percent of the 
production of the domestic like product express a lack of interest in 
continuation of the order with respect to the merchandise in question. 
On June 21, 2001, National Steel indicated that it had inadvertently 
filed its June 18, 2001 response under an incorrect case number.

Scope of Review

    The products covered by this antidumping duty order include tin 
mill flat-rolled products that are coated or plated with tin, chromium 
or chromium oxides. Flat-rolled steel products coated with tin are 
known as tin plate. Flat-rolled steel products coated with chromium or 
chromium oxides are known as tin-free steel or electrolytic chromium-
coated steel. The scope includes all the noted tin mill products 
regardless of thickness, width, form (in coils or cut sheets), coating 
type (electrolytic or otherwise), edge (trimmed, untrimmed or further 
processed, such and scroll cut), coating thickness, surface finish, 
temper, coating metal (tin, chromium, chromium oxide), reduction 
(single-or double-reduced), and whether or not coated with a plastic 
material.
    All products that meet the written physical description are within 
the scope unless specifically excluded. The following products, by way 
of example, are outside and/or specifically excluded from the scope:

--Single reduced electrolytically chromium coated steel with a 
thickness 0.238 mm (85 pound base box) (#10%) or 0.251 mm (90 pound 
base box) (#10%) or 0.255 mm (#10%) with 770 mm (minimum width) (#1.588 
mm) by 900 mm (maximum length if sheared) sheet size or 30.6875 inches 
(minimum width) (#\1/16\ inch) and 35.4 inches (maximum length if 
sheared) sheet size; with type MR or higher (per ASTM) A623 steel 
chemistry; batch annealed at T2\1/2\ anneal temper, with a yield 
strength of 31 to 42 kpsi (214 to 290 Mpa); with a tensile strength of 
43 to 58 kpsi (296 to 400 Mpa); with a chrome coating restricted to 32 
to 150 mg/m2; with a chrome oxide coating restricted to 6 to 25 mg/m2 
with a modified 7B ground roll finish or blasted roll finish; with 
roughness average (Ra) 0.10 to 0.35 micrometers, measured with a stylus 
instrument with a stylus radius of 2 to 5 microns, a trace length of 
5.6 mm, and a cut-off of 0.8 mm, and the measurement traces shall be 
made perpendicular to the rolling direction; with an oil level of 0.17 
to 0.37 grams/base box as type BSO, or 2.5 to 5.5 mg/m2 as type DOS, or 
3.5 to 6.5 mg/m super2 as type ATBC; with electrical conductivity of 
static probe voltage drop of 0.46 volts drop maximum, and with 
electrical conductivity degradation to 0.70 volts drop maximum after 
stoving (heating to 400 degrees F for 100 minutes followed by a cool to 
room temperature).
--Single reduced electrolytically chromium- or tin- coated steel in the 
gauges of 0.0040 inch nominal, 0.0045 inch nominal, 0.0050 inch 
nominal, 0.0061 inch nominal (55 pound base box weight), 0.0066 inch 
nominal (60 pound base box weight), and 0.0072 inch nominal (65 pound 
base box weight), regardless of width, temper, finish, coating or other 
properties.
--Single reduced electrolytically chromium coated steel in the gauge of 
0.024 inch, with widths of 27.0 inches or 31.5 inches, and with T-1 
temper properties.
--Single reduced electrolytically chromium coated steel, with a 
chemical composition of 0.005% max carbon, 0.030% max silicon, 0.25% 
max manganese, 0.025% max phosphorous, 0.025% max sulfur, 0.070% max 
aluminum, and the balance iron, with a metallic chromium layer of 70-
130 mg/m2, with a chromium oxide layer of 5-30 mg/m2, with a tensile 
strength of 260-440 N/mm super2, with an elongation of 28-48%, with a 
hardness (HR-30T) of 40-58, with a surface roughness of 0.5-1.5 microns 
Ra, with magnetic properties of Bm (KG) 10.0 minimum, Br (KG) 8.0 
minimum, Hc (Oe) 2.5-3.8, and MU

[[Page 41552]]

1400 minimum, as measured with a Riken Denshi DC magnetic 
characteristic measuring machine, Model BHU-60.
--Bright finish tin-coated sheet with a thickness equal to or exceeding 
0.0299 inch, coated to thickness of \3/4\ pound (0.000045 inch) and 1 
pound (0.00006 inch).
--Electrolytically chromium coated steel having ultra flat shape 
defined as oil can maximum depth of \5/64\ inch (2.0 mm) and edge wave 
maximum of \5/64\ inch (2.0 mm) and no wave to penetrate more than 2.0 
inches (51.0 mm) from the strip edge and coilset or curling 
requirements of average maximum of \5/64\ inch (2.0 mm) (based on six 
readings, three across each cut edge of a 24 inches (61 cm) long sample 
with no single reading exceeding \4/32\ inch (3.2 mm) and no more than 
two readings at \4/32\ inch (3.2 mm)) and (for 85 pound base box item 
only: Crossbuckle maximums of 0.001 inch (0.0025 mm) average having no 
reading above 0.005 inch (0.127 mm)), with a camber maximum of \1/4\ 
inch (6.3 mm) per 20 feet (6.1 meters), capable of being bent 120 
degrees on a 0.002 inch radius without cracking, with a chromium 
coating weight of metallic chromium at 100 mg/square meter and chromium 
oxide of 10 mg/square meter, with a chemistry of 0.13% maximum carbon, 
0.60% maximum manganese, 0.15% maximum silicon, 0.20% maximum copper, 
0.04% maximum phosphorous, 0.05% maximum sulfur, and 0.20% maximum 
aluminum, with a surface finish of Stone Finish 7C, with a DOS-A oil at 
an aim level of 2 mg/square meter, with not more than 15 inclusions/
foreign matter in 15 feet (4.6 meters) (with inclusions not to exceed 
\1/32\ inch (0.8 mm) in width and \3/64\ inch (1.2 mm) in length), with 
thickness/temper combinations of either 60 pound base box (0.0066 inch) 
double reduced CADR8 temper in widths of 25.00 inches, 27.00 inches, 
27.50 inches, 28.00 inches, 28.25 inches, 28.50 inches, 29.50 inches, 
29.75 inches, 30.25 inches, 31.00 inches, 32.75 inches, 33.75 inches, 
35.75 inches, 36.25 inches, 39.00 inches, or 43.00 inches, or 85 pound 
base box (0.0094 inch) single reduced CAT4 temper in widths of 25.00 
inches, 27.00 inches, 28.00 inches, 30.00 inches, 33.00 inches, 33.75 
inches, 35.75 inches, 36.25 inches, or 43.00 inches, with width 
tolerance of #\1/8\ inch, with a thickness tolerance of 0.0005 
inch, with a maximum coil weight of 20,000 pounds (9071.0 kg), with a 
minimum coil weight of 18,000 pounds (8164.8 kg) with a coil inside 
diameter of 16 inches (40.64 cm) with a steel core, with a coil maximum 
outside diameter of 59.5 inches (151.13 cm), with a maximum of one weld 
(identified with a paper flag) per coil, with a surface free of 
scratches, holes, and rust.
--Electrolytically tin coated steel having differential coating with 
1.00 pound/base box equivalent on the heavy side, with varied coating 
equivalents in the lighter side (detailed below), with a continuous 
cast steel chemistry of type MR, with a surface finish of type 7B or 
7C, with a surface passivation of 0.7 mg/square foot of chromium 
applied as a cathodic dichromate treatment, with coil form having 
restricted oil film weights of 0.3-0.4 grams/base box of type DOS-A 
oil, coil inside diameter ranging from 15.5 to 17 inches, coil outside 
diameter of a maximum 64 inches, with a maximum coil weight of 25,000 
pounds, and with temper/coating/dimension combinations of : (1) CAT 4 
temper, 1.00/.050 pound/base box coating, 70 pound/base box (0.0077 
inch) thickness, and 33.1875 inch ordered width; or (2) CAT5 temper, 
1.00/0.50 pound/base box coating, 75 pound/base box (0.0082 inch) 
thickness, and 34.9375 inch or 34.1875 inch ordered width; or (3) CAT5 
temper, 1.00/0.50 pound/base box coating, 107 pound/base box (0.0118 
inch) thickness, and 30.5625 inch or 35.5625 inch ordered width; or (4) 
CADR8 temper, 1.00/0.50 pound/base box coating, 85 pound/base box 
(0.0093 inch) thickness, and 35.5625 inch ordered width; or (5) CADR8 
temper, 1.00/0.25 pound/base box coating, 60 pound/base box (0.0066 
inch) thickness, and 35.9375 inch ordered width; or (6) CADR8 temper, 
1.00/0.25 pound/base box coating, 70 pound/base box (0.0077 inch) 
thickness, and 32.9375 inch, 33.125 inch, or 35.1875 inch ordered 
width.
--Electrolytically tin coated steel having differential coating with 
1.00 pound/base box equivalent on the heavy side, with varied coating 
equivalents on the lighter side (detailed below), with a continuous 
cast steel chemistry of type MR, with a surface finish of type 7B or 
7C, with a surface passivation of 0.5 mg/square foot of chromium 
applied as a cathodic dichromate treatment, with ultra flat scroll cut 
sheet form, with CAT 5 temper with 1.00/0.10 pound/base box coating, 
with a lithograph logo printed in a uniform pattern on the 0.10 pound 
coating side with a clear protective coat, with both sides waxed to a 
level of 15-20 mg/216 sq. in., with ordered dimension combinations of 
(1) 75 pound/base box (0.0082 inch) thickness and 34.9375 inch  x  
31.748 inch scroll cut dimensions; or (2) 75 pound/base box (0.0082 
inch) thickness and 34.1875 inch  x  29.076 inch scroll cut dimensions; 
or (3) 107 pound/base box (0.0118 inch) thickness and 30.5625 inch  x  
34.125 inch scroll cut dimension.

    The merchandise subject to this order is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS''), under 
HTSUS subheadings 7210.11.0000, 7210.12.0000, 7210.50.0000, 
7212.10.0000, and 7212.50.0000 if of non-alloy steel and under HTSUS 
subheadings 7225.99.0090, and 7226.99.0000 if of alloy steel. Although 
the subheadings are provided for convenience and Customs purposes, our 
written description of the scope is dispositive.
    The scope of the products covered by this changed circumstances 
review are as follows:

--Double reduced (CADR8 temper) electrolytically chromium coated steel 
with chromium oxide at a level of 1.6 mg/sq. ft. (#0.9), having a base 
box weight of 60 pounds (nominal thickness of 0.0066 inch (#5% 
tolerance)), and a surface with a 7C stone finish, lubricated with 
butyl stearate oil (BSO) or dioctyl sebacate oil (DOS) with the level 
ranging from 0.22 to 0.32 gm/base box. The material is 31\1/2\ inches 
in actual width (-0/+\1/16\ inch width tolerance) and made from fully 
deoxidized (killed) continuous cast and continuous annealed steel that 
is free of detrimental non-metallic inclusions (i.e., clean steel) with 
earring hazard minimized. The maximum edge wave is \1/8\ inch, with 
crossbow controllable to less than 2 inches per sheet. The maximum 
camber per three feet is 0.020 inch, the maximum burr is 0.001 inch, 
and the maximum pinholes per coil is 0.2%. The maximum coil weight is 
25,000 pounds, with an interior coil diameter of 16 inches to 16\1/2\ 
inches, and an exterior coil diameter of 36 inches to 60 inches. When 
loaded for shipment, the coil is placed on the pallet with the eye of 
the coil standing vertical, with each side of the pallet being 60 
inches having 4  x  4 runners, and outside runners placed a minimum of 
37 inches apart.
    The merchandise subject to this order is classified in the HTSUS 
under subheading 7210.50.0000 if of non-alloy steel, and under HTSUS 
subheading

[[Page 41553]]

7225.99.0090 if of alloy steel. Although the subheadings are provided 
for convenience, our written description of the scope is dispositive.

Analysis

    Pursuant to section 751(d) of the Act, the Department may partially 
revoke an antidumping duty order based on a review under section 751(b) 
of the Act. Section 782(h)(2) of the Act and section 351.222(g)(1)(i) 
of the Department's regulations provide that the Secretary may revoke 
an order, in whole or in part, based on changed circumstances if 
``(p)roducers accounting for substantially all of the production of the 
domestic like product to which the order (or the part of the order to 
be revoked) * * * have expressed a lack of interest in the order, in 
whole or in part * * *.'' In this context, the Department has 
interpreted ``substantially all'' production normally to mean at least 
85 percent of domestic production of the like product (see Oil Country 
Tubular Goods From Mexico: Preliminary Results of Changed Circumstances 
Antidumping Duty Administrative Review, 64 FR 14213, 14214 (March 24, 
1999).
    In order to determine whether ``substantially all'' of the domestic 
producers supported revocation of the order with respect to the 
merchandise in question, the Department solicited comments from all 
parties (see Initiation of Changed Circumstances Review, 66 FR 29088). 
As noted above, the Department received comments from UPI and from 
National Steel. Petitioners' submissions contain no evidence indicating 
that at least 85 percent of the domestic industry of the like product 
have no interest in the continuance of the order with respect to the 
merchandise in question. Based on the existence of objections of UPI 
and National Steel, producers of the domestic like product by admission 
of petitioners themselves, we have preliminarily determined that there 
are no grounds for concluding that at least 85 percent of the domestic 
industry of the like product supports the partial revocation of the 
order.

Preliminary Results of Review and Intent To Not Revoke the 
Antidumping Duty Order

    Based on the submissions by the producers, the Department has 
preliminarily determined that there are no grounds for assuming that 
producers supporting a partial revocation of the order account for at 
least 85 percent of domestic production of the like product. Under the 
definition given above, there are no grounds for assuming that partial 
revocation of the order with respect to the merchandise in question is 
supported by ``substantially all'' of the domestic producers of the 
like product. As a result, we preliminarily determine that changed 
circumstances sufficient to warrant partial revocation of the 
antidumping duty order on tin mill products from Japan with respect to 
the merchandise in question do not exist.
    The current requirements for the cash deposit of estimated 
antidumping duties on the subject merchandise will remain in effect 
until the publication of the final results of the next administrative 
review.
    Parties wishing to comment on these results must submit briefs to 
the Department within 30 days after the publication of this notice in 
the Federal Register. Parties will have five days subsequent to this 
due date to submit rebuttal briefs. Parties who submit comments or 
rebuttal briefs in this proceeding are requested to submit with the 
argument (1) a statement of the issue and (2) a brief summary of the 
argument (no longer than five pages, including footnotes). Any requests 
for hearing must be filed within 30 days of the publication of this 
notice in the Federal Register.
    In accordance with 19 CFR 351.216(e), the Department will issue its 
final results of review within 270 days after the date on which the 
changed circumstance review was initiated (i.e., no later than February 
15, 2002).
    This notice is published in accordance with sections 751(b)(1) and 
(d) and 777(i) of the Act, and with 19 CFR 351.221(c)(3).

    Dated: July 20, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-19910 Filed 8-7-01; 8:45 am]
BILLING CODE 3510-DS-P