[Federal Register Volume 67, Number 43 (Tuesday, March 5, 2002)]
[Notices]
[Pages 9956-9957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5209]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-804]


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

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

ACTION: Final results of changed circumstances review.

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EFFECTIVE DATE: March 5, 2002.

SUMMARY: On November 15, 2001, the Department of Commerce (``the 
Department'') published a notice of initiation and preliminary results 
of a changed circumstances review for a revocation of the antidumping 
duty order on certain cold-rolled carbon steel flat products from the 
Netherlands at the request of a letter dated September 18, 2001 from 
Bethlehem Steel Corporation, LTV Steel Company, Inc., National Steel 
Corporation, and United States Steel LLC (collectively, 
``petitioners''). The Department issued its preliminary results and 
intent to revoke the antidumping duty order, retroactive to August 19, 
1993, given that producers accounting for substantially all of the 
production of the domestic like product have expressed a lack of 
interest in the order (see Certain Cold-Rolled Carbon Steel Flat 
Products From the Netherlands: Initiation and Preliminary Results of 
Changed Circumstances Review, 66 FR 57415 (November 15, 2001)). In our 
preliminary results we invited interested parties to comment on our 
preliminary results. We received no comments. Therefore, our final 
results of the changed circumstances review remain the same as our 
preliminary results and the Department hereby revokes this order with 
respect to all unliquidated entries for consumption of the subject 
merchandise made from August 19, 1993 through January 1, 2000.

FOR FURTHER INFORMATION CONTACT: Michael Ferrier or Abdelali 
Elouaradia, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone (202) 482-1394 or (202) 482-1374, 
respectively.

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 of Commerce's (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 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). 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 19, 1993. In this 
letter, petitioners indicated that their revocation request applies to 
all unliquidated entries for consumption of the subject merchandise 
made from August 19, 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. On November 15, 2001, the Department 
published a notice of initiation and preliminary results the a changed 
circumstances review for a revocation of the antidumping duty order on 
certain cold-rolled carbon steel flat products from the Netherlands. 
The Department issued its preliminary results and intent to revoke the 
antidumping duty order, retroactive to August 19, 1993, given that 
producers accounting for substantially all of the production of the 
domestic like product have expressed a lack of interest in the order.

Final Results of Review: Revocation of the Antidumping Duty 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 Sec. 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 19, 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.
    In this changed circumstances review we have determined to revoke 
the order in part, retroactive to August 19, 1993, for unliquidated 
entries in light of the submission by petitioners and particularly in 
light of the fact that the parties to the litigation concerning these 
entries have agreed to withdraw their appeals; there is only one 
importer of record; and we received no comments following our 
preliminary results of November 15, 2001. We hereby notify the public 
of our revocation in whole the antidumping duty order on certain cold-
rolled carbon steel flat products from the Netherlands retroactive to 
August 19, 1993.
    Upon dismissal by the courts of the pending appeals, we will 
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

[[Page 9957]]

consumption on or after August 19, 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 19, 1993, in accordance with section 778 
of the Act.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 751(b)(1) and 777(i)(1) of the Act and Sec. 351.216 of the 
Department's regulations.

    Dated: February 26, 2002.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-5209 Filed 3-4-02; 8:45 am]
BILLING CODE 3510-DS-P