[Federal Register Volume 66, Number 194 (Friday, October 5, 2001)]
[Notices]
[Pages 51007-51008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25101]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-838]


Final Results of Expedited Sunset Review: Clad Steel Plate From 
Japan

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

ACTION: Notice of Final Results of Expedited Sunset Review: Clad Steel 
Plate from Japan.

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SUMMARY: On June 1, 2001, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on clad steel plate from Japan (66 FR 29771) pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act''). On the basis of a 
notice of intent to participate and substantive comments filed on 
behalf of the domestic industry, and inadequate response (in this case, 
no response) from respondent interested parties, the Department 
determined to conduct an expedited review. As a result of this review, 
the Department finds that revocation of the antidumping order would be 
likely to lead to continuation or recurrence of dumping at the levels 
indicated in the Final Results of Review section of this notice.

EFFECTIVE DATE: October 5, 2001.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or Carole A. 
Showers, Office of Policy for Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5050 or (202) 482-3217 respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    This review was conducted pursuant to section 751(c) and 752 of the 
Act. The Department's procedures for the conduct of sunset reviews are 
set forth in Procedures for Conducting Five-year (``Sunset'') Reviews 
of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 
1998) (``Sunset Regulations''), and in 19 CFR part 351 (2000) in 
general. Guidance on methodological or analytical issues relevant to 
the Department's conduct of sunset reviews is set forth in the 
Department's Policy Bulletin 98:3 Policies Regarding the Conduct of 
Five-year (``Sunset'') Reviews of Antidumping and Countervailing Duty 
Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy 
Bulletin'').

Background

    On June 1, 2001, the Department initiated a sunset review of the 
antidumping duty order on clad steel plate from Japan (66 FR 29771), 
pursuant to section 751(c) of the Act. The Department received a notice 
of intent to participate on behalf of one domestic interested party, 
Bethlehem Lukens Plate (``Lukens'') , formerly Lukens Steel Company, 
within the applicable deadline specified in section 351.218(d)(1)(i) of 
the Sunset Regulations. Lukens claimed interested party status under 
section 771(9)(C) of the Act, as a producer of a domestic like product 
in the United States. On July 2, 2001, we received a complete 
substantive response from Lukens, within the 30-day deadline specified 
in the Sunset Regulations under section 351.218(d)(3)(i). We did not 
receive a substantive response from respondent interested parties in 
this proceeding. As a result, pursuant to 19 CFR 351.218(e)(1)(iii)(C), 
the Department determined to conduct an expedited sunset, 120-day, 
review of this antidumping duty order.

Scope of Review

    The scope of this review is all clad steel plate of a width of 600 
millimeters (``mm'') or more and a composite thickness of 4.5 mm or 
more. Clad steel plate is a rectangular finished steel mill product 
consisting of a layer of cladding material (usually stainless steel or 
nickel) which is metallurgically bonded to a base or backing of ferrous 
metal (usually carbon or low alloy steel) where the latter predominates 
by weight.\1\
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    \1\ Cladding is the association of layers of metals of different 
colors or natures by molecular interpenetration of the surfaces in 
contact. This limited diffusion is characteristic of clad products 
and differentiates them from products metalized in other manners 
(i.e., by normal electroplating). The various cladding processes 
include pouring molten cladding metal onto the basic metal followed 
by rolling; simple hot-rolling of the cladding metal to ensure 
efficient welding to the basic metal; any other method of deposition 
of superimposing of the cladding metal followed by any mechanical or 
thermal process to ensure welding (i.e., electrocladding), in which 
the cladding metal (nickel, Chromium, etc.) is applied to the basic 
metal by electroplating, molecular interpenetration of the surfaces 
in contact then being obtained by heat treatment at the appropriate 
temperature with subsequent cold rolling. See Harmonized Commodity 
Description and Coding System Explanatory Notes, Chapter 72, General 
Note (IV)(C)(2)(e). Stainless clad steel plate is manufactured to 
American Society for Testing and Materials (``ASTM'') specifications 
A263 (400 series stainless types) and A264 (300 series stainless 
types). Nickel and nickel-base alloy clad steel plate is 
manufactured to ASTM specification A265. These specifications are 
illustrative but not necessarily all-inclusive.
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    Clad steel plate within the scope of this review is classifiable 
under the Harmonized Tariff Schedule of the United States (``HTSUS'') 
7210.90.10.00. Although the HTSUS subheading is provided for 
convenience and Customs purposes, our written description of the scope 
of this review is dispositive.

Analysis of Comments Received

    All issues raised by parties to this sunset review are addressed in 
the Issues and Decision Memorandum

[[Page 51008]]

(``Decision Memorandum'') from Jeffrey A. May, Director, Office of 
Policy, Import Administration, to Faryar Shirzad, Assistant Secretary 
for Import Administration, dated October 1, 2001, which is hereby 
adopted by this notice. The issues discussed in the Decision Memorandum 
include the likelihood of continuation or recurrence of dumping and the 
magnitude of the margins likely to prevail were the order revoked. 
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, room B-099, of the main 
Commerce building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn, under the heading ``October 2001.'' The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

Final Results of Review

    We determine that revocation of the antidumping duty order on clad 
steel plate from Japan would likely head to continuation or recurrence 
of dumping at the following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
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The Japan Steel Company....................................       118.53
All Others.................................................       118.53
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    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305 of the Department's regulations. 
Timely notification of return/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.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: October 1, 2001.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 01-25101 Filed 10-4-01; 8:45 am]
BILLING CODE 3510-DS-M