[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Notices]
[Pages 44177-44179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16505]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-854]


Certain Tin Mill Products From Japan: Final Results of Changed 
Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Commerce.

ACTION: Final results of changed circumstances review.

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EFFECTIVE DATE: July 1, 2002.

SUMMARY: On January 25, 2002, the Department of Commerce (``the 
Department'') published a notice of initiation of a changed 
circumstances review with the intent to revoke, in part, the 
antidumping duty order on certain tin mill products from Japan with 
respect to certain tin-free steel as described below. See Certain Tin 
Mill Products From Japan: Notice of Initiation of Changed Circumstances 
Review of the Antidumping Order, 67 FR 3686 (January 25, 2002) 
(``Initiation Notice''). On March 8, 2002, the Department published the 
preliminary results of the changed circumstances review and 
preliminarily revoked this order, in part, with respect to future 
entries of tin-free steel described below, based on the fact that 
domestic parties have expressed no interest in continuation of the 
order with respect to these particular tin-free steel products. See 
Certain Tin Mill Products from Japan: Preliminary Results of Changed 
Circumstances Review, 67 FR 10667 (March 8, 2002) (``Preliminary 
Results''). In our Initiation Notice, and our Preliminary Results, we 
gave interested parties an opportunity to comment; however, we did not 
receive any comments from domestic parties opposing the partial 
revocation of the order. On May 7, 2002, Weirton Steel, the only 
petitioner producer in the underlying investigation, stated that they 
do not produce the merchandise in question. Weirton did not object to 
partial revocation. Therefore, in our final results of the changed 
circumstances review the Department hereby revokes this order with 
respect to all unliquidated entries for consumption of tin-free steel, 
as described below, effective August 1, 2001.

FOR FURTHER INFORMATION CONTACT: Michael Ferrier, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-1394.
    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 28, 2000, the Department published in the Federal 
Register the antidumping duty order on certain tin mill products from 
Japan. See Notice of Antidumping Duty Order: Certain Tin Mill Products 
from Japan 65 FR 52067 (August 28, 2000) (TMP Order). On December 3, 
2001, Okaya (U.S.A.), Inc. (``Okaya''), a U.S. importer requested that 
the Department revoke in part the antidumping duty order on certain tin 
mill products from Japan. Okaya also requested that the partial 
revocation apply retroactively for all unliquidated entries. 
Specifically, the U.S. importer requested that the Department revoke 
the order with respect to imports meeting the following specifications: 
Steel coated with a metallic chromium layer between 100-200 mg/
m2 and a chromium oxide layer between 5-30 mg/m2; 
chemical composition of 0.05% maximum carbon, 0.03% maximum silicon, 
0.60% maximum manganese, 0.02% maximum phosphorous, and 0.02% maximum 
sulfur; magnetic flux density (``Br'') of 10 kg minimum and a coercive 
force (``Hc'') of 3.8 Oe minimum. The U.S. importer indicated that, 
based on its consultations with domestic producers, the domestic 
producers lack interest in producing this specialized product.
    On January 16, 2002, Weirton Steel, the only petitioner producer in 
the underlying investigation filed a letter stating that they did not 
object to the exclusion of this product from the order. Weirton Steel, 
a domestic producer of tin mill products, together with the Independent 
Steelworkers Union and the United Steelworkers of America, AFL-CIO, 
were the petitioners in the underlying sales at less-than-fair-value 
investigation (see Notice of Final Determination of Sales at Less Than 
Fair Value; Certain Tin Mill Products From Japan, 65 FR 39364 (June 26, 
2000) (Final LTFV Investigation). On January 25, 2002, the Department 
published a notice of initiation of a changed circumstances review of 
the antidumping duty order on certain tin mill products from Japan with 
respect to certain tin-free steel. See Initiation Notice. On March 8, 
2002, the Department published the preliminary results of the changed 
circumstances review. See Preliminary Results. In the Initiation Notice 
and Preliminary Results, we indicated that interested parties could 
submit comments for consideration in the Department's preliminary and 
final results. We did not receive any comments. On May 7, 2002, Weirton 
Steel, the only petitioner producer in the underlying investigation, 
stated that they do not produce the merchandise in question. Weirton 
did not oppose the partial revocation. See Memorandum to File From 
Michael Ferrier, May 7, 2002.

Scope of Review

    The products covered by this antidumping order are tin mill flat-
rolled products that are coated or plated with tin, chromium or 
chromium oxides. Flat-rolled steel products coated with tin are known 
as tin plate. Flat-rolled steel products coated with chromium or 
chromium oxides are known as tin-free steel or electrolytic chromium-
coated steel. The scope includes all the noted tin mill products 
regardless of thickness, width, form (in coils or cut sheets), coating 
type (electrolytic or otherwise), edge (trimmed, untrimmed or further 
processed, such and scroll cut), coating thickness, surface finish, 
temper, coating metal (tin, chromium, chromium oxide), reduction 
(single-or double-reduced), and whether or not coated with a plastic 
material. All products that meet the written physical description are 
within the scope of this order unless specifically excluded. The 
following products, by way of example, are outside and/or specifically 
excluded from the scope of this order:

--Single reduced electrolytically chromium coated steel with a 
thickness 0.238 mm (85 pound base box) (10%) or 0.251 mm (90 
pound base box) (10%) or 0.255 mm (10%) with 770 mm 
(minimum width) (1.588 mm) by 900 mm (maximum length if 
sheared) sheet size or 30.6875 inches (minimum width) ( \1/16\ 
inch) and 35.4 inches (maximum

[[Page 44178]]

length if sheared) sheet size; with type MR or higher (per ASTM) A623 
steel chemistry; batch annealed at T2\1/2\ anneal temper, with a yield 
strength of 31 to 42 kpsi (214 to 290 Mpa); with a tensile strength of 
43 to 58 kpsi (296 to 400 Mpa); with a chrome coating restricted to 32 
to 150 mg/m2; with a chrome oxide coating restricted to 6 to 
25 mg/m2 with a modified 7B ground roll finish or blasted 
roll finish; with roughness average (Ra) 0.10 to 0.35 micrometers, 
measured with a stylus instrument with a stylus radius of 2 to 5 
microns, a trace length of 5.6 mm, and a cut-off of 0.8 mm, and the 
measurement traces shall be made perpendicular to the rolling 
direction; with an oil level of 0.17 to 0.37 grams/base box as type 
BSO, or 2.5 to 5.5 mg/m2 as type DOS, or 3.5 to 6.5 mg/
m2 as type ATBC; with electrical conductivity of static 
probe voltage drop of 0.46 volts drop maximum, and with electrical 
conductivity degradation to 0.70 volts drop maximum after stoving 
(heating to 400 degrees F for 100 minutes followed by a cool to room 
temperature).
--Single reduced electrolytically chromium-or tin-coated steel in the 
gauges of 0.0040 inch nominal, 0.0045 inch nominal, 0.0050 inch 
nominal, 0.0061 inch nominal (55 pound base box weight), 0.0066 inch 
nominal (60 pound base box weight), and 0.0072 inch nominal (65 pound 
base box weight), regardless of width, temper, finish, coating or other 
properties.
--Single reduced electrolytically chromium coated steel in the gauge of 
0.024 inch, with widths of 27.0 inches or 31.5 inches, and with T-1 
temper properties.
--Single reduced electrolytically chromium coated steel, with a 
chemical composition of 0.005% max carbon, 0.030% max silicon, 0.25% 
max manganese, 0.025% max phosphorous, 0.025% max sulfur, 0.070% max 
aluminum, and the balance iron, with a metallic chromium layer of 70-
130 mg/m\2\, with a chromium oxide layer of 5-30 mg/m\2\ , with a 
tensile strength of 260-440 N/mm\2\ , with an elongation of 28-48%, 
with a hardness (HR-30T) of 40-58, with a surface roughness of 0.5-1.5 
microns Ra, with magnetic properties of Bm (KG)10.0 minimum, Br (KG) 
8.0 minimum, Hc (Oe) 2.5-3.8, and MU 1400 minimum, as measured with a 
Riken Denshi DC magnetic characteristic measuring machine, Model BHU-
60.
--Bright finish tin-coated sheet with a thickness equal to or exceeding 
0.0299 inch, coated to thickness of \3/4\ pound (0.000045 inch) and 1 
pound (0.00006 inch).
--Electrolytically chromium coated steel having ultra flat shape 
defined as oil can maximum depth of \5/64\ inch (2.0 mm) and edge wave 
maximum of \5/64\ inch (2.0 mm) and no wave to penetrate more than 2.0 
inches (51.0 mm) from the strip edge and coilset or curling 
requirements of average maximum of \5/64\ inch (2.0 mm) (based on six 
readings, three across each cut edge of a 24 inches (61 cm) long sample 
with no single reading exceeding \4/32\ inch (3.2 mm) and no more than 
two readings at \4/32\ inch (3.2 mm)) and (for 85 pound base box item 
only: crossbuckle maximums of 0.001 inch (0.0025 mm) average having no 
reading above 0.005 inch (0.127 mm)), with a camber maximum of \1/4\ 
inch (6.3 mm) per 20 feet (6.1 meters), capable of being bent 120 
degrees on a 0.002 inch radius without cracking, with a chromium 
coating weight of metallic chromium at 100 mg/m\2\ and chromium oxide 
of 10 mg/m\2\, with a chemistry of 0.13% maximum carbon, 0.60% maximum 
manganese, 0.15% maximum silicon, 0.20% maximum copper, 0.04% maximum 
phosphorous, 0.05% maximum sulfur, and 0.20% maximum aluminum, with a 
surface finish of Stone Finish 7C, with a DOS-A oil at an aim level of 
2 mg/square meter, with not more than 15 inclusions/foreign matter in 
15 feet (4.6 meters) (with inclusions not to exceed \1/32\ inch (0.8 
mm) in width and \3/64\ inch (1.2 mm) in length), with thickness/temper 
combinations of either 60 pound base box (0.0066 inch) double reduced 
CADR8 temper in widths of 25.00 inches, 27.00 inches, 27.50 inches, 
28.00 inches, 28.25 inches, 28.50 inches, 29.50 inches, 29.75 inches, 
30.25 inches, 31.00 inches, 32.75 inches, 33.75 inches, 35.75 inches, 
36.25 inches, 39.00 inches, or 43.00 inches, or 85 pound base box 
(0.0094 inch) single reduced CAT4 temper in widths of 25.00 inches, 
27.00 inches, 28.00 inches, 30.00 inches, 33.00 inches, 33.75 inches, 
35.75 inches, 36.25 inches, or 43.00 inches, with width tolerance of 
 \1/8\ inch, with a thickness tolerance of 0.0005 
inch, with a maximum coil weight of 20,000 pounds (9071.0 kg), with a 
minimum coil weight of 18,000 pounds (8164.8 kg) with a coil inside 
diameter of 16 inches (40.64 cm) with a steel core, with a coil maximum 
outside diameter of 59.5 inches (151.13 cm), with a maximum of one weld 
(identified with a paper flag) per coil, with a surface free of 
scratches, holes, and rust.
--Electrolytically tin coated steel having differential coating with 
1.00 pound/base box equivalent on the heavy side, with varied coating 
equivalents in the lighter side (detailed below), with a continuous 
cast steel chemistry of type MR, with a surface finish of type 7B or 
7C, with a surface passivation of 0.7 mg/square foot of chromium 
applied as a cathodic dichromate treatment, with coil form having 
restricted oil film weights of 0.3-0.4 grams/base box of type DOS-A 
oil, coil inside diameter ranging from 15.5 to 17 inches, coil outside 
diameter of a maximum 64 inches, with a maximum coil weight of 25,000 
pounds, and with temper/coating/dimension combinations of : (1) CAT 4 
temper, 1.00/.050 pound/base box coating, 70 pound/base box (0.0077 
inch) thickness, and 33.1875 inch ordered width; or (2) CAT5 temper, 
1.00/0.50 pound/base box coating, 75 pound/base box (0.0082 inch) 
thickness, and 34.9375 inch or 34.1875 inch ordered width; or (3) CAT5 
temper, 1.00/0.50 pound/base box coating, 107 pound/base box (0.0118 
inch) thickness, and 30.5625 inch or 35.5625 inch ordered width; or (4) 
CADR8 temper, 1.00/0.50 pound/base box coating, 85 pound/base box 
(0.0093 inch) thickness, and 35.5625 inch ordered width; or (5) CADR8 
temper, 1.00/0.25 pound/base box coating, 60 pound/base box (0.0066 
inch) thickness, and 35.9375 inch ordered width; or (6) CADR8 temper, 
1.00/0.25 pound/base box coating, 70 pound/base box (0.0077 inch) 
thickness, and 32.9375 inch, 33.125 inch, or 35.1875 inch ordered 
width.
--Electrolytically tin coated steel having differential coating with 
1.00 pound/base box equivalent on the heavy side, with varied coating 
equivalents on the lighter side (detailed below), with a continuous 
cast steel chemistry of type MR, with a surface finish of type 7B or 
7C, with a surface passivation of 0.5 mg/square foot of chromium 
applied as a cathodic dichromate treatment, with ultra flat scroll cut 
sheet form, with CAT 5 temper with 1.00/0.10 pound/base box coating, 
with a lithograph logo printed in a uniform pattern on the 0.10 pound 
coating side with a clear protective coat, with both sides waxed to a 
level of 15-20 mg/216 sq. in., with ordered dimension combinations of 
(1) 75 pound/base box (0.0082 inch) thickness and 34.9375 inch x 31.748 
inch scroll cut dimensions; or (2) 75

[[Page 44179]]

pound/base box (0.0082 inch) thickness and 34.1875 inch x 29.076 inch 
scroll cut dimensions; or (3) 107 pound/base box (0.0118 inch) 
thickness and 30.5625 inch x 34.125 inch scroll cut dimension.

    The merchandise subject to this order is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS''), under 
HTSUS subheadings 7210.11.0000, 7210.12.0000, 7210.50.0000, 
7212.10.0000, and 7212.50.0000 if of non-alloy steel and under HTSUS 
subheadings 7225.99.0090, and 7226.99.0000 if of alloy steel. Although 
the subheadings are provided for convenience and Customs purposes, our 
written description of the scope of this review is dispositive.

Final Results of Changed Circumstances Review

    Pursuant to section 751(d) of the Act, the Department may partially 
revoke an antidumping duty order based on a review under section 751(b) 
of the Act. 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{time} 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) * * * pertains 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 Oil Country Tubular Goods From Mexico: Preliminary Results of 
Changed Circumstances Antidumping Duty Administrative Review, 64 FR 
14213, 14214 (March 24, 1999)).
    No domestic producers of tin mill products have expressed 
opposition to the partial revocation of the tin mill products order 
following the Initiation Notice and the Preliminary Results. For these 
reasons the Department is partially revoking the order on tin mill 
products from Japan, effective August 1, 2001, with respect to all 
unliquidated entries for consumption of tin-free steel which meets the 
specifications detailed above in accordance with sections 751(b) and 
(d) and 782(h) of the Act and 19 CFR 351.216. We will instruct the U.S. 
Customs Service (``Customs'') to liquidate without regard to 
antidumping duties, as applicable, and to refund any estimated 
antidumping duties collected for all unliquidated entries of certain 
tin mill products (i.e., certain tin-free steel) meeting the 
specifications indicated above.
    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 section 351.216 of the 
Department's regulations.

    Dated: June 14, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-16505 Filed 6-28-02; 8:45 am]
BILLING CODE 3510-DS-P