[Federal Register Volume 67, Number 140 (Monday, July 22, 2002)]
[Notices]
[Pages 47766-47768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18448]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-824]


Certain Corrosion-Resistant Carbon Steel Flat Products From 
Japan: Notice of Initiation and Preliminary Results of Changed 
Circumstances Review of the Antidumping Order, and Intent to Revoke 
Order in Part

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

ACTION: Notice of initiation and preliminary results of changed 
circumstances antidumping duty review, and intent to revoke order in 
part.

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SUMMARY: In accordance with 751(b) of the Tarriff Act of 1930 (``the 
Act'') and section 351.216(b) of the Department of Commerce's (``the 
Department'') regulations, Uchiyama America, Inc. (``Uchiyama'') filed 
a request for a changed circumstances review of the antidumping order 
on certain corrosion-resistant carbon steel flat products from Japan 
with respect to the carbon steel flat products as described below. 
Domestic producers of the like product have affirmatively expressed no 
interest in continuation of the order with respect to these particular 
products. In response to Uchiyama's request, the Department is 
initiating a changed circumstances review and issuing a notice of 
intent to revoke in part the antidumping duty order on certain 
corrosion-resistant carbon steel flat products from Japan. Interested 
parties are invited to comment on these preliminary results.

EFFECTIVE DATE: July 22, 2002.

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 
20230; telephone: (202) 482-3207.

SUPPLEMENTARY INFORMATION:

The 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, as amended, by 
the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
regulations as codified at 19 C.F.R. Part 351 (2002).

Background

    On May 29, 2002, Uchiyama requested that the Department revoke in 
part the antidumping duty order on certain corrosion-resistant carbon 
steel flat products from Japan. Specifically, Uchiyama requested that 
the Department revoke the order with respect to imports meeting the 
following specifications: (1) widths ranging from 10 millimeters (0.394 
inches) through 100 millimeters (3.94 inches); (2) thicknesses, 
including coatings, ranging from 0.11 millimeters (0.004 inches) 
through 0.60 millimeters (0.024 inches); and (3) a coating that is from 
0.003 millimeters (0.00012 inches) through 0.005 millimeters (0.000196 
inches) in thickness and that is comprised of either two evenly applied 
layers, the first layer consisting of 99% zinc, 0.5% cobalt, and 0.5% 
molybdenum, followed by a layer consisting of phosphate, or three 
evenly applied layers, the first layer consisting of 99% zinc, 0.5% 
cobalt, and 0.5% molybdenum followed by a

[[Page 47767]]

layer consisting of phosphate, and finally a layer consisting of 
silicate.

Scope of Review

    The products covered by the antidumping duty order include flat-
rolled carbon steel products, of rectangular shape, either clad, 
plated, or coated with corrosion-resistant metals such as zinc, 
aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, whether or 
not corrugated or painted, varnished or coated with plastics or other 
nonmetallic substances in addition to the metallic coating, in coils 
(whether or not in successively superimposed layers) and of a width of 
0.5 inch or greater, or in straight lengths which, if of a thickness 
less than 4.75 millimeters, are of a width of 0.5 inch or greater and 
which measures at least 10 times the thickness or if of a thickness of 
4.75 millimeters or more are of a width which exceeds 150 millimeters 
and measures at least twice the thickness, as currently classifiable in 
the HTSUS under item numbers 7210.30.0030, 7210.30.0060, 7210.41.0000, 
7210.49.0030, 7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 
7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 
7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 
7212.40.1000, 7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 
7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090. Included in 
this order are corrosion-resistant flat-rolled products of non-
rectangular cross-section where such cross-section is achieved 
subsequent to the rolling process (i.e., products which have been 
``worked after rolling'') for example, products which have been beveled 
or rounded at the edges.
    Excluded from this order are flat-rolled steel products either 
plated or coated with tin, lead, chromium, chromium oxides, both tin 
and lead (``terne plate''), or both chromium and chromium oxides 
(``tin-free steel''), whether or not painted, varnished or coated with 
plastics or other nonmetallic substances in addition to the metallic 
coating.
    Also excluded from this order are clad products in straight lengths 
of 0.1875 inch or more in composite thickness and of a width which 
exceeds 150 millimeters and measures at least twice the thickness.Also 
excluded from this order are certain clad stainless flat-rolled 
products, which are three-layered corrosion-resistant carbon steel 
flat-rolled products less than 4.75 millimeters in composite thickness 
that consist of a carbon steel flat-rolled product clad on both sides 
with stainless steel in a 20%-60%-20% ratio.
    Also excluded from this order are certain corrosion-resistant 
carbon steel flat products meeting the following specifications: (1) 
widths ranging from 10 millimeters (0.394 inches) through 100 
millimeters (3.94 inches); (2) thicknesses, including coatings, ranging 
from 0.11 millimeters (0.004 inches) through 0.60 millimeters (0.024 
inches); and (3) a coating that is from 0.003 millimeters (0.00012 
inches) through 0.005 millimeters (0.000196 inches) in thickness and 
that is comprised of either two evenly applied layers, the first layer 
consisting of 99% zinc, 0.5% cobalt, and 0.5% molybdenum, followed by a 
layer consisting of chromate, or three evenly applied layers, the first 
layer consisting of 99% zinc, 0.5% cobalt, and 0.5% molybdenum followed 
by a layer consisting of chromate, and finally a layer consisting of 
silicate.
    Also excluded from this order are carbon steel flat products 
measuring 1.84 millimeters in thickness and 43.6 millimeters or 16.1 
millimeters in width consisting of carbon steel coil (SAE 1008) clad 
with an aluminum alloy that is balance aluminum, 20% tin, 1% copper, 
0.3% silicon, 0.15% nickel, less than 1% other materials and meeting 
the requirements of SAE standard 783 for Bearing and Bushing Alloys.
    Also excluded from this order are carbon steel flat products 
measuring 0.97 millimeters in thickness and 20 millimeters in width 
consisting of carbon steel coil (SAE 1008) with a two-layer lining, the 
first layer consisting of a copper-lead alloy powder that is balance 
copper, 9% to 11% tin, 9% to 11% lead, less than 1% zinc, less than 1% 
other materials and meeting the requirements of SAE standard 792 for 
Bearing and Bushing Alloys, the second layer consisting of 45% to 55% 
lead, 38% to 50% PTFE, 3% to 5% molybdenum disulfide and less than 2% 
other materials.
    Also excluded from this order are doctor blades meeting the 
following specifications: carbon steel coil or strip, plated with 
nickel phosphorous, having a thickness of 0.1524 millimeters (0.006 
inches), a width between 31.75 millimeters (1.25 inches) and 50.80 
millimeters (2.00 inches), a core hardness between 580 to 630 HV, a 
surface hardness between 900 - 990 HV; the carbon steel coil or strip 
consists of the following elements identified in percentage by weight: 
0.90% to 1.05% carbon; 0.15% to 0.35% silicon; 0.30% to 0.50% 
manganese; less than or equal to 0.03% of phosphorous; less than or 
equal to 0.006% of sulfur; other elements representing 0.24%; and the 
remainder of iron.
    Also excluded from this order are products meeting the following 
specifications: carbon steel flat products measuring 1.64 millimeters 
in thickness and 19.5 millimeters in width consisting of carbon steel 
coil (SAE 1008) with a lining clad with an aluminum alloy that is 
balance aluminum; 10 to 15% tin; 1 to 3% lead; 0.7 to 1.3% copper; 1.8 
to 3.5% silicon; 0.1 to 0.7% chromium, less than 1% other materials and 
meeting the requirements of SAE standard 783 for Bearing and Bushing 
Alloys.
    Also, excluded from this order are products meeting the following 
specifications: carbon steel coil or strip, measuring 1.93 millimeters 
or 2.75 millimeters (0.076 inches or 0.108 inches) in thickness, 87.3 
millimeters or 99 millimeters (3.437 inches or 3.900 inches) in width, 
with a low carbon steel back comprised of: carbon under 8%, manganese 
under 0.4%, phosphorous under 0.04%, and sulfur under 0.05%; clad with 
aluminum alloy comprised of: 0.7% copper, 12% tin, 1.7% lead, 0.3% 
antimony, 2.5% silicon, 1% maximum total other (including iron), and 
remainder aluminum.
    Also excluded from this order are products meeting the following 
specifications: carbon steel coil or strip, clad with aluminum, 
measuring 1.75 millimeters (0.069 inches) in thickness, 89 millimeters 
or 94 millimeters (3.500 inches or 3.700 inches) in width, with a low 
carbon steel back comprised of: carbon under 8%, manganese under 0.4%, 
phosphorous under 0.04%, and sulfur under 0.05%; clad with aluminum 
alloy comprised of: 0.7% copper, 12% tin, 1.7% lead, 2.5% silicon, 0.3% 
antimony, 1% maximum total other (including iron), and remainder 
aluminum.
    Also excluded from this order are products meeting the following 
specifications: carbon steel coil or strip, measuring a minimum of and 
including 1.10mm to a maximum of and including 4.90mm in overall 
thickness, a minimum of and including 76.00mm to a maximum of and 
including 250.00mm in overall width, with a low carbon steel back 
comprised of: carbon under 0.10%, manganese under 0.40%, phosphorous 
under 0.04%, sulfur under 0.05%, and silicon under 0.05%; clad with 
aluminum alloy comprised of: under 2.51% copper, under 15.10% tin, and 
remainder aluminum as listed on the mill specification sheet.

[[Page 47768]]

Initiation of Changed Circumstances Antidumping Duty Administrative 
Review, and Intent to Revoke Order in Part

    Pursuant to sections 751(d)(1) and 782(h)(2) of the Act, the 
Department may revoke an antidumping or countervailing duty order, in 
whole or in part, based on a review under section 751(b) of the Act 
(i.e., a changed circumstances review) where the Department determines 
that ``producers accounting for substantially all of the production of 
that domestic like product have expressed a lack of interest in 
issuance of an order.'' Section 782(h)(2) of the Act. See, e.g., 
Certain Cold-Rolled Carbon Steel Flat Products From the Netherlands: 
Initiation and Preliminary Results of Changed Circumstances Review, 66 
FR 57415, 57416 (November 15, 2001). Section 751(b)(1) of the Act 
requires a changed circumstances review to be conducted upon receipt of 
a request which shows changed circumstances sufficient to warrant a 
review. Section 351.222(g)(i) of the Department's regulations provides 
that the Department will conduct a changed circumstances administrative 
review under 19 C.F.R. 351.216, and may revoke an order (in whole or in 
part), if it determines that producers accounting for substantially all 
of the production of the domestic like product to which the order 
pertains have expressed a lack of interest in the relief provided by 
the order, in whole or in part, or if other changed circumstances 
sufficient to warrant revocation exist.
    In addition, in the event that the Department concludes that 
expedited action is warranted, 19 C.F.R. 351.221(c)(3)(ii) permits the 
Department to combine the notices of initiation and preliminary 
results.
    In accordance with sections 751(d)(1) and 782(h)(2) of the Act, and 
19 C.F.R. 351.216 and 351.222(g), based on affirmative statements by 
domestic producers of the like product, Bethlehem Steel Corporation; 
National Steel Corporation; and United States Steel Corporation 
(``Domestic Producers''), no further interest exists in continuing the 
order with respect to certain corrosion-resistant carbon steel flat 
products meeting the following specifications: (1) widths ranging from 
10 millimeters (0.394 inches) through 100 millimeters (3.94 inches); 
(2) thicknesses, including coatings, ranging from 0.11 millimeters 
(0.004 inches) through 0.60 millimeters (0.024 inches); and (3) a 
coating that is from 0.003 millimeters (0.00012 inches) through 0.005 
millimeters (0.000196 inches) in thickness and that is comprised of 
either two evenly applied layers, the first layer consisting of 99% 
zinc, 0.5% cobalt, and 0.5% molybdenum, followed by a layer consisting 
of phosphate, or three evenly applied layers, the first layer 
consisting of 99% zinc, 0.5% cobalt, and 0.5% molybdenum followed by a 
layer consisting of phosphate, and finally a layer consisting of 
silicate. See Domestic Producers' July 3, 2002, letter to the 
Department. Therefore, we are initiating this changed circumstances 
administrative review.
    Furthermore, because domestic producers have expressed a lack of 
interest, we determine that expedited action is warranted, and we 
preliminarily determine that continued application of the order with 
respect to certain corrosion-resistant carbon steel flat products 
falling within the description above is no longer of interest to 
domestic interested parties. Because we have concluded that expedited 
action is warranted, we are combining these notices of initiation and 
preliminary results. Therefore, we are hereby notifying the public of 
our intent to revoke in part the antidumping duty order with respect to 
imports of certain corrosion-resistant carbon steel flat products 
meeting the above-mentioned specifications from Japan.
    If the final revocation in part occurs, we intend to 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 
corrosion-resistant carbon steel flat products meeting the 
specifications indicated above, not subject to final results of 
administrative review as of the date of publication in the Federal 
Register of the final results of this changed circumstances review in 
accordance with 19 C.F.R. 351.222. We will also instruct Customs to pay 
interest on such refunds in accordance with section 778 of the Act. The 
current requirement for a cash deposit of estimated antidumping duties 
on certain corrosion-resistant carbon steel flat products meeting the 
above specifications will continue unless and until we publish a final 
determination to revoke in part.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Parties who submit argument in this proceeding are requested 
to submit with the argument (1) a statement of the issue, and (2) a 
brief summary of the argument. Parties to the proceedings may request a 
hearing within 14 days of publication. Any hearing, if requested, will 
be held no later than two days after the deadline for the submission of 
rebuttal briefs, or the first workday thereafter. Case briefs may be 
submitted by interested parties not later than 14 days after the date 
of publication of this notice. Pursuant to 19 C.F.R. 351.309(d)(1), 
rebuttal briefs and rebuttals to written comments, limited to the 
issues raised in those comments, may be filed not later than five days 
after the deadline for submission of case briefs. All written comments 
shall be submitted in accordance with 19 C.F.R. 351.303 and shall be 
served on all interested parties on the Department's service list in 
accordance with 19 C.F.R. 351.303. Persons interested in attending the 
hearing should contact the Department for the date and time of the 
hearing.
    This notice is published in accordance with section 751(b)(1) of 
the Act and 19 C.F.R. 351.216 and 351.222.

    Dated: July 16, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-18448 Filed 7-19-02; 8:45 am]
BILLING CODE 3510-DS-S