[Federal Register Volume 67, Number 139 (Friday, July 19, 2002)]
[Notices]
[Pages 47520-47521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18295]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-859]


Notice of Final Determination of Sales at Less Than Fair Value: 
Certain Cold-Rolled Carbon Steel Flat Products from Japan

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

EFFECTIVE DATE: July 19, 2002.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley at (202) 482-0666, Office 
of AD/CVD Enforcement VII, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the Tariff Act of 1930 (the Act), as amended. In 
addition, unless otherwise indicated, all citations to the Department 
of Commerce (Department) regulations are to the regulations codified at 
19 CFR Part 351 (2001).

Final Determination

    We determine that certain cold-rolled carbon steel flat products 
(cold-rolled steel) from Japan are being, or are likely to be sold, in 
the United States at less than fair value (LFTV), as provided in 
section 735 of the Act. The estimated margins are shown in the 
``Suspension of Liquidation'' section of this notice.

Background

    On May 9, 2002, the Department published its preliminary 
determination in the above-captioned antidumping duty investigation. 
See Notice of Preliminary Determination of Sales at Less Than Fair 
Value: Certain Cold-Rolled Carbon Steel Flat Products From Japan, 67 FR 
31222 (May 9, 2002) (Preliminary Determination). This investigation was 
initiated on October 18, 2001.\1\ See Notice of Initiation of 
Antidumping Duty Investigations: Certain Cold-Rolled Carbon Steel Flat 
Products From Argentina, Australia, Belgium, Brazil, France, Germany, 
India, Japan, Korea, the Netherlands, New Zealand, the People's 
Republic of China, the Russian Federation, South Africa, Spain, Sweden, 
Taiwan, Thailand, Turkey, and Venezuela, 66 FR 54198 (October 26, 2001) 
(Initiation Notice).
---------------------------------------------------------------------------

    \1\ The petitioners in this investigation are Bethlehem Steel 
Corporation, LTV Steel Company, Inc., Nucor Corporation, Steel 
Dynamics, Inc., United States Steel Corporation, WCI Steel, Inc., 
and Weirton Steel Corporation (collectively, the petitioners).
---------------------------------------------------------------------------

    Since the preliminary determination, the following events have 
occurred. We gave interested parties an opportunity to comment on the 
preliminary determination. No case or rebuttal briefs were submitted. 
With respect to scope, in the preliminary LTFV determinations in these 
cases, the Department preliminarily excluded certain porcelain 
enameling steel from the scope of these investigations. See Scope 
Appendix to the Notice of Preliminary Determination of Sales at Less 
Than Fair Value: Certain Cold-Rolled Carbon Steel Flat Products from 
Argentina, 67 FR 31181 (May 9, 2002) (Scope Appendix - Argentina 
Preliminary LTFV Determination). On June 13, 2002, we issued a 
preliminary decision on the remaining 75 scope exclusion requests filed 
in a number of the on-going cold-rolled steel investigations (see the 
June 13, 2002, memorandum regarding ``Preliminary Scope Rulings in the 
Antidumping Investigations on Certain Cold-Rolled Carbon Steel Flat 
Products from Argentina, Australia, Belgium, Brazil, France, Germany, 
India, Japan, Korea, the Netherlands, New Zealand, the People's 
Republic of China, the Russian Federation, South Africa, Spain, Sweden, 
Taiwan, Thailand, Turkey, and Venezuela, and in the Countervailing Duty 
Investigations of Certain Cold-Rolled Carbon Steel Flat Products from 
Argentina, Brazil, France, and Korea'' (Preliminary Scope Rulings), 
which is on file in the Department's Central Records Unit (CRU), room 
B-099). We gave parties until June 20, 2002 to comment on the 
preliminary scope rulings, and until June 27, 2002 to submit rebuttal 
comments. We received comments and/or rebuttal comments from 
petitioners and respondents from various countries subject to these 
investigations of cold-rolled steel. In addition, on June 13, 2002, 
North American Metals Company (an interested party in the Japanese 
proceeding) filed a request that the Department issue a ``correction'' 
for an already excluded product. On July 8, 2002, the petitioners 
objected to this request. At the request of multiple respondents, the 
Department held a public hearing with respect to the Preliminary Scope 
Rulings on July 1, 2002.

Scope of Investigation

    For purposes of this investigation, the products covered are 
certain cold-rolled (cold-reduced) flat-rolled carbon-quality steel 
products. A full description of the scope of this investigation, as 
well as final decisions on all of the scope exclusion requests 
submitted in the context of the concurrent cold-rolled steel 
investigations is contained in the ``Scope Appendix'' attached to the 
Notice of Final Determination of Sales at Less Than Fair Value: Certain 
Cold-Rolled Carbon Steel Flat Products from Australia, published 
concurrently with this notice. For a complete discussion of the 
comments received on the Preliminary Scope Rulings, see the memorandum 
regarding ``Issues and Decision Memorandum for the Final Scope Rulings 
in the Antidumping Duty Investigations on Certain Cold-Rolled Carbon 
Steel Flat Products from Argentina, Australia, Belgium, Brazil, France, 
Germany, India, Japan, Korea, the Netherlands, New Zealand, the 
People's Republic of China, the Russian Federation, South Africa, 
Spain, Sweden, Taiwan, Thailand, Turkey, and Venezuela, and in the 
Countervailing Duty Investigations of Certain Cold-Rolled Carbon Steel 
Flat Products from Argentina, Brazil, France, and Korea,'' dated July 
10, 2002, which is on file in the CRU.

Analysis of Comments Received

    We received no comments from interested parties in response to our 
preliminary determination. We did not hold a hearing because none was 
requested.

Use of Facts Available

    In the preliminary determination, the Department applied total 
adverse facts available to each mandatory respondent. Specifically, the 
Department assigned the mandatory respondents, Kawasaki Steel 
Corporation and Nippon Steel Corporation, the rate of 115.22 percent, 
the highest rate derived from the petition. See Preliminary 
Determination. The Department based the ``all others'' rate on the 
simple average of the margins in the petition, which is 112.56 percent. 
The interested parties did not object to the use of adverse facts 
available, nor to the Department's choice of facts available. 
Therefore, for this final determination, we are continuing to apply 
total adverse facts available to each mandatory respondent.

[[Page 47521]]

Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we are instructing the 
U.S. Customs Service (Customs) to continue to suspend liquidation of 
all imports of cold-rolled steel from Japan that are entered, or 
withdrawn from warehouse, for consumption on or after May 9, 2002 (the 
date of publication of the Preliminary Determination in the Federal 
Register). Customs shall continue to require a cash deposit or the 
posting of a bond equal to the estimated amount by which the normal 
value exceeds the U.S. price as shown below. The suspension of 
liquidation instructions will remain in effect until further notice.
    We determine that the following percentage margins exist:

------------------------------------------------------------------------
                Manufacturer/Exporter                   Margin (percent)
------------------------------------------------------------------------
Kawasaki Steel Corporation...........................             115.22
Nippon Steel Corporation.............................             115.22
All Others...........................................             112.56
------------------------------------------------------------------------

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination. As our final 
determination is affirmative, the ITC will determine, within 45 days, 
whether these imports are causing material injury, or threatening 
material injury, to an industry in the United States. If the ITC 
determines that material injury, or threat of injury does not exist, 
the proceeding will be terminated and all securities posted will be 
refunded or cancelled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
Customs officials to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding APO

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: July 10, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-18295 Filed 7-18-02; 8:45 am]
BILLING CODE 3510-DS-S