[Federal Register Volume 67, Number 16 (Thursday, January 24, 2002)]
[Notices]
[Pages 3482-3483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1792]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-357-817, C-351-835, C-427-823, C-580-849]


Certain Cold-Rolled Carbon Steel Flat Products From Argentina, 
Brazil, France, and the Republic of Korea: Extension of Time Limit for 
Preliminary Determinations in Countervailing Duty Investigations

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

ACTION: Notice of extension of time limit for preliminary 
determinations in countervailing duty investigations.

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SUMMARY: The Department of Commerce is extending the time limit of the 
preliminary determinations in the countervailing duty investigations of 
certain cold-rolled carbon steel flat products from Argentina, Brazil, 
France, and the Republic of Korea from January 28, 2002 until no later 
than February 25, 2002. This extension is made pursuant to section 
703(c)(1)(B) of the Tariff Act of 1930, as amended by the Uruguay Round 
Agreements Act.

EFFECTIVE DATE: January 24, 2002.

FOR FURTHER INFORMATION CONTACT: Suresh Maniam (Argentina and France), 
at (202) 482-0176; Sean Carey (Brazil), at (202) 482-3964; and Tipten 
Troidl (the Republic of Korea), at (202) 482-1767, Import 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

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 Act'') by 
the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department's regulations are to 19 CFR 
part 351 (2001).

[[Page 3483]]

Extension of Due Date for Preliminary Determinations

    On October 18, 2001, the Department of Commerce (``the 
Department'') initiated the countervailing duty (``CVD'') 
investigations of certain cold-rolled carbon steel flat products from 
Argentina, Brazil, France, and the Republic of Korea. See Notice of 
Initiation of Countervailing Duty Investigations: Certain Cold-Rolled 
Carbon Steel Flat Products From Argentina, Brazil, France, and the 
Republic of Korea, 66 FR 54218 (October 26, 2001). The initial deadline 
for these preliminary determinations was December 22, 2001. On November 
30, 2001, we issued a notice partially extending these preliminary 
determinations until January 28, 2002. See Certain Cold-Rolled Carbon 
Steel Flat Products from Argentina, Brazil, France, and the Republic of 
Korea: Extension of Time Limit for Preliminary Determinations in 
Countervailing Duty Investigations, 66 FR 63523 (December 7, 2001) 
(``Preliminary Postponement''). Pursuant to section 703(c)(1)(B) of the 
Act, we find that, because of the continued, ``extraordinarily 
complicated'' nature of these investigations, we must extend the 
preliminary determinations deadline for the full 130 days.
    Under section 703(c)(1)(B), the Department can extend the period 
for reaching a preliminary determination until not later than the 130th 
day after the date on which the administering authority initiates an 
investigation if:
    (B) The administering authority concludes that the parties 
concerned are cooperating and determines that
    (i) The case is extraordinarily complicated by reason of
    (I) The number and complexity of the alleged countervailable 
subsidy practices;
    (II) The novelty of the issues presented;
    (III) The need to determine the extent to which particular 
countervailable subsidies are used by individual manufacturers, 
producers, and exporters; or
    (IV) The number of firms whose activities must be investigated; and
    (ii) Additional time is necessary to make the preliminary 
determination.
    Regarding the first requirement, we find that in each case all 
concerned parties are cooperating. Regarding the second requirement for 
extraordinarily complicated cases, it is the Department's position that 
the appropriate criterion for analysis is not the number of programs in 
question, but rather, the specific transactions, e.g., equity 
infusions, debt-to-equity conversions, etc., applied under those 
programs, which are numerous and appropriately categorized as 
``practices.'' With respect to the issue of the complexity of the 
practice, these practices are complex in nature as reflected in the 
extensive analysis required to address these subsidies. Therefore, we 
find that each of these four cases is extraordinarily complicated as 
described below.

Argentina

    As stated in the Preliminary Postponement, the Argentine 
investigation is extraordinarily complicated because a number of the 
alleged countervailable subsidies practices are complex or novel. This 
continues to be the case. Also, in addition to the reasons stated in 
the Preliminary Postponement, the recent political turmoil in Argentina 
has made it difficult for the Government of Argentina to provide 
complete responses to the Department's questionnaire.

Brazil

    As stated in the Preliminary Postponement, the Brazil investigation 
is extraordinarily complicated because a number of newly alleged 
countervailable subsidies practices are complex or novel. This 
continues to be the case. In order to properly analyze these new 
allegations, the Department has asked several detailed supplemental 
questions regarding complex tax provisions which will not be due 
earlier than January 24, 2002. The answers to these questions will 
require complicated analysis and will be necessary for the Department 
to make its preliminary determination.

France

    As stated in the Preliminary Postponement, the French investigation 
is extraordinarily complicated because a number of the alleged 
countervailable subsidies practices are complex or novel. This 
continues to be the case. In addition, the Department has asked several 
detailed supplemental questions which were due on January 16, 2002. The 
answers to the supplemental questions will require complicated analysis 
and will be necessary for the Department to make its preliminary 
determination.

The Republic of Korea

    As stated in the Preliminary Postponement, the Korean investigation 
is extraordinarily complicated because a number of the alleged 
countervailable subsidies practices are complex or novel. This 
continues to be the case. In addition, the Department is issuing 
supplemental questionnaires. The answers to the supplemental questions 
will require complicated analysis and will be necessary for the 
Department to make its preliminary determination.
    Accordingly, we deem these investigations to be extraordinarily 
complicated and determine, with regard to the third requirement noted 
above, that additional time is necessary to make the preliminary 
determinations. Therefore, pursuant to section 703(c)(1)(B) of the Act, 
we are postponing the preliminary determinations in these 
investigations for an additional 28 days to no later than February 25, 
2002.
    This notice is published pursuant to section 703(c)(2) of the Act.

    Dated: January 18, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-1792 Filed 1-23-02; 8:45 am]
BILLING CODE 3510-DS-P