[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Notices]
[Pages 57415-57416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28640]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-804]


Certain Cold-Rolled Carbon Steel Flat Products From the 
Netherlands: Initiation and Preliminary Results of Changed 
Circumstances Review

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

ACTION: Initiation and preliminary results of changed circumstances 
review.

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SUMMARY: In a response to a request by petitioners (Bethlehem Steel 
Corporation, LTV Steel Company, Inc., National Steel Corporation, and 
United States Steel LLC, collectively ``petitioners'') that the 
Department of Commerce (the Department) revoke the antidumping duty 
order on certain cold-rolled carbon steel flat products from the 
Netherlands, the Department is initiating a changed circumstances 
administrative review and, given that producers accounting for 
substantially all of the production of the domestic like product have 
apparently expressed a lack of interest in the order, the Department is 
issuing this notice of preliminary results and intent to revoke the 
antidumping duty order, retroactive to August 18, 1993 for unliquidated 
entries. Interested parties are invited to comment on these preliminary 
results.

EFFECTIVE DATE: November 15, 2001.

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

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's regulations are 
to the regulations at 19 CFR part 351 (2001).

SUPPLEMENTARY INFORMATION

Background

    On August 19, 1993, the Department published in the Federal 
Register the antidumping duty order on certain cold-rolled carbon steel 
flat products from the Netherlands (see Antidumping Duty

[[Page 57416]]

Order and Amendments to Final Determinations of Sales at Less Than Fair 
Value: Certain Hot-Rolled Carbon Steel Flat Products and Certain Cold-
Rolled Carbon Steel Flat Products from the Netherlands, 58 FR 44172 
(August 19, 1993)). On December 15, 2000, the Department published in 
the Federal Register a revocation of the order effective January 1, 
2000 (see Revocation of Antidumping and Countervailing Duty Orders on 
Certain Carbon Steel Products From Canada, Germany, Korea, the 
Netherlands, and Sweden, 65 FR 78467 (December 15, 2000)). On September 
18, 2001, Bethlehem Steel Corporation, LTV Steel Company, Inc., 
National Steel Corporation, and United States Steel LLC (collectively, 
``petitioners'') requested that the order be revoked retroactively to 
August 18, 1993. In this letter, petitioners indicated that their 
revocation request applies to all unliquidated entries for consumption 
of the subject merchandise made from August 18, 1993 through January 1, 
2000, and that domestic producers accounting for at least 85 percent of 
production have expressed a lack of interest in the order with respect 
to this period prior to January 1, 2000.

Initiation and Preliminary Results of Changed-Circumstances Reviews 
and Intent To Revoke the Order

    Pursuant to section 751(d)(1) of the Act, the Department may revoke 
an antidumping duty order based on a review under section 751(b) of the 
Act (i.e., a changed circumstances review). 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, e.g., Certain Hot-Rolled Lead and Bismuth 
Carbon Steel Products From the United Kingdom: Final Results of 
Changed-Circumstances Antidumping and Countervailing Duty 
Administrative Reviews, Revocation of Orders, and Recission of 
Administrative Reviews, 65 FR 13713, 13714 (March 14, 2000)).
    Petitioners are domestic interested parties as defined by section 
771(9)(C) of the Act and 19 CFR 351.102(b). Petitioners indicate that 
they, along with other domestic producers that have expressed a lack of 
interest in the order retroactive to August 18, 1993, represent at 
least 85 percent of the domestic production of the domestic like 
product to which this order pertains, and thus account for 
``substantially all'' of the production of the domestic like product.
    Based on the submission by the petitioners, the Department has 
preliminarily determined that domestic producers expressing a lack of 
interest in the order account for at least 85 percent of domestic 
production of the like product and, therefore, that revocation of the 
order in part, retroactive to August 18, 1993 for unliquidated entries, 
is warranted. We are hereby notifying the public of our intent to 
revoke in whole the antidumping duty order on certain cold-rolled 
carbon steel flat products from the Netherlands retroactive to August 
18, 1993.
    If final revocation of the order occurs, we intend to instruct the 
Customs Service to refund any estimated antidumping duties collected 
for all unliquidated entries of certain cold-rolled carbon steel flat 
products from the Netherlands entered, or withdrawn from warehouse, for 
consumption on or after August 18, 1993. We will also instruct the 
Customs Service to pay interest on any refunds with respect to the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after August 18, 1993, in accordance with section 778 
of the Act.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Parties who submit argument in these proceedings are requested 
to submit with the argument (1) a statement of the issue and (2) a 
brief summary of the argument. Any interested party may request a 
hearing within 10 days of the date of publication of this notice. Any 
hearing, if requested, will be held no later than 21 days after the 
date of publication of this notice, or, if that day is not a workday, 
the first workday thereafter. Case briefs may be submitted by 
interested parties not later than 7 days after the publication of this 
notice. Rebuttal briefs, limited to the issues raised in the case 
briefs, may be filed not later than 12 days after the date of 
publication of this notice. All written comments shall be submitted in 
accordance with 19 CFR 351.303 and shall be served on all interested 
parties on the Department's service list in accordance with 19 CFR 
351.303. Persons interested in attending the hearing, should one be 
requested, should contact the Department for the date and time of the 
hearing.
    In accordance with 19 CFR 351.216(e), and barring any legal 
prohibition, 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., within 270 days after the publication of this 
Federal Register notice serving as both initiation and preliminary 
results).
    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: November 5, 2001.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 01-28640 Filed 11-14-01; 8:45 am]
BILLING CODE 3510-DS-P