[Federal Register Volume 66, Number 208 (Friday, October 26, 2001)]
[Notices]
[Pages 54197-54198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27056]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-816]


Notice of Initiation of Inquiry Into the Status of the Russian 
Federation as a Non-Market Economy Country Under the Antidumping and 
Countervailing Duty Laws

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

ACTION: Notice of initiation and request for comments.

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EFFECTIVE DATE: October 26, 2001.

FOR FURTHER INFORMATION CONTACT: Albert Hsu, Office of Policy, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-4491.

SUMMARY: The Department of Commerce is initiating an inquiry into the 
status of the Russian Federation as a non-market economy country under 
the antidumping and countervailing duty laws.

The Applicable Statute

    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 
(``Department's'') regulations are to 19 CFR part 351 (2001).

Background

    On July 26, 2001, the Department of Commerce (``the Department'') 
received a letter from Novolipetsk Iron & Steel Corporation (``NLMK'') 
requesting a review of the status of Russia as a non-market economy 
(``NME'') country in the proceeding on hot-rolled flat-rolled carbon-
quality steel products from the Russian Federation (A-821-813) (``Hot-
Rolled Steel from Russia''). On August 3, 2001, the Government of the 
Russian Federation formally submitted NLMK's request on the record of 
the hot-rolled steel proceeding. On September 7, 2001, JSC Severstal 
submitted, also in the Hot-Rolled Steel from Russia proceeding, a 
formal request that the Department revoke the Russian Federation's 
status as a NME country. In response to these requests, the Department 
is initiating an inquiry into the Russian Federation's status as an NME 
in a separate proceeding pursuant to section 771(18)(C)(ii) of the Act.
    The Department has treated Russia as a nonmarket economy (NME) 
country in all past antidumping duty investigations and administrative 
reviews. See, e.g., Notice of Final Determination of Sales at Less Than 
Fair Value: Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from 
the Russian Federation, 64 FR 38626 (July 19, 1999); Titanium Sponge 
from the Russian Federation: Final Results of Antidumping 
Administrative Review, 64 FR 1599 (Jan. 11, 1999); Notice of Final 
Determination of Sales at Less Than Fair Value: Certain Cut-to-Length 
Carbon Steel Plate from the Russian Federation, 62 FR 61787 (Nov. 19, 
1997); Notice of Final Determination of Sale at Less Than Fair Value: 
Pure Magnesium and Alloy Magnesium from the Russian Federation, 60 FR 
16440 (Mar. 30, 1995). A designation as a NME remains in effect until 
it is revoked by the Department. See section 771(18)(C)(i) of the Act.

Opportunity for Public Comment

    As part of this inquiry to determine whether to revoke Russia's NME 
status, the Department is interested in receiving public comment with 
respect to Russia on the factors listed in section 771(18)(B) of the 
Act, which the Department must take into account in making a market/
non-market economy determination:
    (i) The extent to which the currency of the foreign country is 
convertible into the currency of other countries;
    (ii) the extent to which wage rates in the foreign country are 
determined by free bargaining between labor and management;
    (iii) the extent to which joint ventures or other investments by 
firms of other foreign countries are permitted in the foreign country;
    (iv) the extent of government ownership or control of the means of 
production;
    (v) the extent of government control over allocation of resources 
and over price and output decisions of enterprises; and
    (vi) such other factors as the administering authority considers 
appropriate.

Comments--Deadline, Format, and Number of Copies

    The deadline for submission of comments will be 45 days after the 
date of publication of this notice in the Federal Register. All 
comments should be filed at the Department of Commerce Central Records 
Unit located at the address listed below. Rebuttal comments may be 
submitted up to 45 days after the date initial comments are due.
    Each person submitting comments should include his or her name and 
address, and give reasons for any recommendation. To facilitate their 
consideration by the Department, comments should be submitted in the 
following format: (1) Begin each comment on a separate page; (2) 
concisely state the issue identified and discussed in the comment and 
include any supporting documentation in exhibits or appendices; (3) 
provide a brief summary of the comment (a maximum of 3 sentences) and 
label this section ``summary of comment;'' (4) provide an index or 
table of contents; and (5) include the case number A-821-816 in the top 
right hand corner of the submission.
    To simplify the processing and distribution of comments, the 
Department encourages the submission of documents in electronic form 
accompanied by an original and 5

[[Page 54198]]

copies in paper form. We request that documents filed in electronic 
form be on DOS formatted 3.5' diskettes and prepared in either 
WordPerfect 9 format or a format that the Word Perfect program can 
convert and import into Word Perfect 9. Please submit comments in 
separate files on the diskette.
    Comments received on diskette will be made available to the public 
on the Internet at Import Administration's website, http://ia.ita.doc/gov. Paper copies will be available for reading and photocopying in the 
Central Records Unit, Room B-099, U.S. Department of Commerce, 
Pennsylvania Avenue and 14th Street, NW., Washington, DC 20230. Any 
questions concerning file formatting, document conversion, access on 
the Internet, or other file requirements should be addressed to Andrew 
Lee Beller, Import Administration Webmaster, (202) 482-0866.

Hearing

    After reviewing all comments and rebuttal comments, the Department 
will determine if a public hearing is warranted, and, if so, will 
announce a place and time for that hearing.
    This determination is issued and published in accordance with 
section 771(18)(c)(ii).

    Dated: October 19, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-27056 Filed 10-25-01; 8:45 am]
BILLING CODE 3510-DS-P