[Federal Register Volume 66, Number 192 (Wednesday, October 3, 2001)]
[Notices]
[Pages 50408-50410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24754]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-807]


Notice of Final Determination of Sales at Less Than Fair Value; 
Certain Hot-Rolled Carbon Steel Flat Products From The Netherlands

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

EFFECTIVE DATE: October 3, 2001.

ACTION: Notice of final determination of sales at less than fair value.

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FOR FURTHER INFORMATION CONTACT: Melissa Blackledge, Mike Heaney, or 
Robert James at (202) 482-3518, (202) 482-4475, or (202) 482-0649, 
respectively; Antidumping and Countervailing Duty Enforcement Group 
III, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Tariff Act) 
by the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to Department of Commerce (Department) 
regulations refer to the regulations codified at 19 CFR part 351 (April 
1, 2000).

Final Determinations

    We determine that certain hot-rolled carbon steel flat products 
(hot-rolled steel) from the Netherlands are being sold, or are likely 
to be sold, in the United States at less than fair value (LTFV), as 
provided in section 735 of the Tariff Act. The estimated margins of 
sales at LTFV are shown in the ``Suspension of Liquidation'' section of 
this notice.

Case History

    We published in the Federal Register the preliminary determination 
in this investigation on May 3, 2001. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value: Certain Hot-Rolled 
Carbon Steel Flat Products from the Netherlands, 66 FR 22146(May 3, 
2000) (Preliminary Determination). Since the publication of the 
Preliminary Determination the following events have occurred.
    On May 22, 2001, the Corus Group plc (Corus), the respondent, 
requested that the Department postpone the final

[[Page 50409]]

determination the full sixty days as permitted by the statute and the 
Department's regulations. On June 4, 2001, the Department postponed the 
final determination until no later than 135 days after publication of 
the preliminary determination in the Federal Register. See 66 FR 32600 
(June 15, 2001).
    The Department verified sections A through C of Corus Staal BV 
(Corus Staal's) responses from May 7 through May 11, 2001, at Corus 
Staal's headquarters in IJmuiden, the Netherlands. The Department also 
verified section D of Corus Staal's response from May 1 through May 5, 
2001, at Corus Staal's headquarters. See Memorandum To The File; ``Home 
Market Verification of the Corus Group plc's Questionnaire Response,'' 
July 2, 2001 (Home Market Sales Verification Report) and Memorandum To 
Neal M. Halper, Acting Director, Office of Accounting; ``Verification 
of the Cost of Production and Constructed Value Data Submitted by Corus 
Staal BV,'' June 15, 2001 (Home Market Cost Verification Report). From 
June 6 through June 7, 2001, the Department verified the responses 
submitted by Corus Staal relating to Rafferty-Brown of North Carolina 
(RBN) and Rafferty-Brown of Connecticut (collectively, the Rafferty-
Brown Companies), at RBN's offices in Greensboro, North Carolina. See 
Memorandum To The File; ``U.S. Verification of the Corus Group plc's 
Questionnaire Response'', July 5, 2001 (U.S. Market Verification 
Report). Public versions of these, and all other Departmental memoranda 
referred to herein, are on file in the Central Records Unit, room B-099 
of the main Commerce building.
    On June 4, 2001, respondent and petitioners requested a public 
hearing. Petitioners submitted a letter on June 15, 2001, requesting 
that a product referred to as ``battery-quality hot-rolled steel'' 
continue to be included in the scope of the investigation and in any 
antidumping order to be issued in this case. On July 30, 2001, both the 
respondent and petitioners filed their case briefs with the Department. 
On July 31, 2001, petitioners submitted a letter informing the 
Department of a change in the name of one of the petitioners, from 
``U.S. Steel Group, a unit of USX Corporation'' to ``United States 
Steel LLC''. We received rebuttal briefs from all parties on August 6, 
2001. The hearing scheduled for August 9, 2001, was cancelled on August 
8, 2001, at the request of both parties. Although the deadline for this 
determination was originally September 17, 2001, in light of the events 
of September 11, 2001, and the subsequent closure of the Federal 
Government for reasons of security, the time frame for issuing this 
determination has been extended by four days.

Period of Investigation

    The period of investigation (POI) is October 1, 1999 through 
September 30, 2000.

Export Price Sales

    As a result of our findings at verification we have reclassified 
certain sales as export price sales because we determined the sales 
were concluded between Corus Staal in the Netherlands and the first 
unaffiliated U.S. customer before the date of importation into the 
United States. See ``Final Determination Analysis Memorandum,'' dated 
September 21, 2001.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Joseph A. Spetrini, Deputy 
Assistant Secretary, Import Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated September 21, 
2001, which is hereby adopted and incorporated by reference into this 
notice. A list of the issues which parties have raised and to which we 
have responded 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 decision memorandum which 
is on file in B-099.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the World Wide Web at ia.ita.doc.gov/frn/frnhome. 
The paper copy and electronic version of the Decision Memorandum are 
identical in content.

Scope of Investigation

    For a description of the scope of this investigation, see the 
``Scope of Investigation'' section of the Decision Memorandum, which is 
on file in B-099 and available on the Web at ia.ita.doc.gov/frn/frnhome.

Use of Facts Available

    For a discussion of our application of facts available, see the 
``Facts Available'' section of the Decision Memorandum, which is on 
file in B-099 and available on the Web at ia.ita.doc.gov/frn/frnhome.

Changes Since the Preliminary Determination

    Based on our analysis of comments received and findings at 
verification, we have made certain changes in the margin calculations. 
We have also corrected certain programming and clerical errors in our 
preliminary results, where applicable. Any allegations of programming 
or clerical errors with which we do not agree are discussed in the 
relevant sections of the ``Decision Memorandum,'' accessible in B-099 
and on the Web at ia.ita.doc.gov/frn/.

Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Tariff Act, we are 
instructing Customs to continue to suspend liquidation of all entries 
of certain hot-rolled carbon steel flat products from the Netherlands 
that are entered, or withdrawn from warehouse, for consumption on or 
afterMay 3, 2001, the date of publication of the Preliminary 
Determination. The Customs Service shall continue to require a cash 
deposit or the posting of a bond based on the estimated weighted-
average dumping margins shown below. The suspension of liquidation 
instructions will remain in effect until further notice.
    We determine that the following weighted-average dumping margins 
exist for the period October 1, 1999 through September 30, 2000:

------------------------------------------------------------------------
                                               Weighted-average margin
          Exporter/ Manufacturer                      (percent)
------------------------------------------------------------------------
Corus Staal BV............................  3.06
All Others................................  3.06
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ITC Notification
    In accordance with section 735(d) of the Tariff Act, we have 
notified the International Trade Commission (ITC) of our determination. 
As our final determination is affirmative, the ITC will determine, 
within 45 days, whether these imports are causing material injury, or 
threat of material injury, to an industry in the United States. If the 
ITC determines that material injury or threat of injury does not exist, 
the proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping order directing Customs 
officials to assess antidumping duties on all imports of the subject 
merchandise entered, or withdrawn from warehouse for consumption on or 
after the effective date of the suspension of liquidation.

[[Page 50410]]

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Tariff Act.

    Dated: September 21, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix I--Issues in Decision Memo

Comments and Responses

1. The Zeroing Methodology
2. Affiliation
3. Ordinary Course of Trade
4. Level of Trade
5. Interest Factor
6. Scope of the Order
7. Rebates
8. Inventory Carrying Costs
9. Non-prime Merchandise
10. Further Manufacturing Expenses
11. Gross Unit Price
12. Affiliated Party Inputs
13. Allocation of Costs
14. Unreported U.S. Sales
15. Interest Revenue
[FR Doc. 01-24754 Filed 10-2-01; 8:45 am]
BILLING CODE 3510-DS-P