[Federal Register Volume 67, Number 174 (Monday, September 9, 2002)]
[Notices]
[Pages 57208-57211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22840]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-824]


Certain Corrosion-Resistant Carbon Steel Flat Products From 
Japan: Notice of Final Results of Changed Circumstances Review, and 
Revocation in Part of Antidumping Duty Order

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

ACTION: Notice of Final Results of Changed Circumstances Review, and 
Revocation in Part of Antidumping Duty Order.

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[[Page 57209]]

SUMMARY:

    On July 22, 2002, the Department of Commerce (``the Department'') 
published a notice of initiation and preliminary results of a changed 
circumstances review with the intent to revoke, in part, the 
antidumping duty order on certain corrosion-resistant carbon steel flat 
products from Japan. See 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, 67 FR 47766 (July 22, 2002) (``Initiation and 
Preliminary Results''). In our Initiation and Preliminary Results, we 
gave interested parties an opportunity to comment; however, we did not 
receive any comments. We are now revoking this order, in part, with 
respect to the particular carbon steel flat products described below, 
based on the fact that domestic parties have expressed no interest in 
the continuation of the order with respect to these particular carbon 
steel flat products.The Department will instruct the U.S. Customs 
Service (``Customs'') to proceed with liquidation, without regard to 
antidumping duties, of all unliquidated entries of certain corrosion-
resistant carbon steel flat products meeting the specifications 
indicated below, entered or withdrawn from warehouse, for consumption 
on or after August 1, 1998, the day after the most recent time period 
that was subject to final results of an administrative review (08/01/97 
- 07/31/98).

EFFECTIVE DATE: September 9, 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 (``the Act'') 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 America, Inc. (``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 layer consisting of phosphate, and finally a layer 
consisting of silicate.
    On July 3, 2002, domestic producers of the like product, Bethlehem 
Steel Corporation; National Steel Corporation; and United States Steel 
Corporation, informed the Department that they have no interest in the 
importation or sale of steel from Japan with these specialized 
characteristics. Subsequently, as noted above, we gave interested 
parties an opportunity to comment on the Initiation and Preliminary 
Results. We received no comments from interested parties.

New Scope based on Changed Circumstances Review

    The merchandise covered by this changed circumstances review is 
certain corrosion-resistant carbon steel flat products from Japan. This 
changed circumstances administrative review covers all manufacturers/
exporters of carbon steel flat products meeting the specifications as 
noted above in the background section. The new scope of this order is 
as follows: 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,

[[Page 57210]]

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.
    Also excluded from this order are products meeting the following 
specifications: (1) diffusion annealed, non-alloy nickel-plated carbon 
products, with a substrate of cold-rolled battery grade sheet 
(``CRBG'') with both sides of the CRBG initially electrolytically 
plated with pure, unalloyed nickel and subsequently annealed to create 
a diffusion between the nickel and iron substrate, with the nickel 
plated coating having a thickness of 0-5 microns per side with one side 
equaling at least 2 microns; and with the nickel carbon sheet having a 
thickness of from 0.004'' (0.10mm) to 0.030'' (0.762mm) and conforming 
to the following chemical specifications (%): C <= 0.08; Mn <= 0.45; P 
<= 0.02; S <= 0.02; Al <= 0.15; and Si <= 0.10; and the following 
physical specifications: Tensile = 65 KSI maximum; Yield = 32 - 55 KSI; 
Elongation = 18% minimum (aim 34%); Hardness = 85 - 150 Vickers; Grain 
Type = Equiaxed or Pancake; Grain Size (ASTM) = 7-12; Delta r value = 
aim less than +/- 0.2; Lankford value = [gteqt] 1.2.; and (2) next 
generation diffusion-annealed nickel plate meeting the following 
specifications: (a) nickel-graphite plated, diffusion annealed, tin-
nickel plated carbon products, with a natural composition mixture of 
nickel and graphite electrolytically plated to the top side of 
diffusion annealed tin-nickel plated carbon steel strip with a cold 
rolled or tin mill black plate base metal conforming to chemical 
requirements based on AISI 1006; having both sides of the cold rolled 
substrate electrolytically plated with natural nickel, with the top 
side of the nickel plated strip electrolytically plated with tin and 
then annealed to create a diffusion between the nickel and tin layers 
in which a nickel-tin alloy is created, and an additional layer of 
mixture of natural nickel and graphite then electrolytically plated on 
the top side of the strip of the nickel-tin alloy; having a coating 
thickness: top side: nickel-graphite, tin-nickel layer [gteqt] 1.0 
micrometers; tin layer only [gteqt] 0.05 micrometers, nickel-graphite 
layer only  0.2 micrometers, and bottom side: nickel layer 
[gteqt] 1.0 micrometers; (b) nickel-graphite, diffusion annealed, 
nickel plated carbon products, having a natural composition mixture of 
nickel and graphite electrolytically plated to the top side of 
diffusion annealed nickel plated steel strip with a cold rolled or tin 
mill black plate base metal conforming to chemical requirements based 
on AISI 1006; with both sides of the cold rolled base metal initially 
electrolytically plated with natural nickel, and the material then 
annealed to create a diffusion between the nickel and the iron 
substrate; with an additional layer of natural nickel-graphite then 
electrolytically plated on the top side of the strip of the nickel 
plated steel strip; with the nickel-graphite, nickel plated material 
sufficiently ductile and adherent to the substrate to permit forming 
without cracking, flaking, peeling, or any other evidence of 
separation; having a coating thickness: top side: nickel-graphite, tin-
nickel layer [gteqt] 1.0 micrometers; nickel-graphite layer [gteqt] 0.5 
micrometers; bottom side: nickel layer [gteqt] 1.0 micrometers; (c) 
diffusion annealed nickel-graphite plated products, which are cold-
rolled or tin mill black plate base metal conforming to the chemical 
requirements based on AISI 1006; having the bottom side of the base 
metal

[[Page 57211]]

first electrolytically plated with natural nickel, and the top side of 
the strip then plated with a nickel-graphite composition; with the 
strip then annealed to create a diffusion of the nickel-graphite and 
the iron substrate on the bottom side; with the nickel-graphite and 
nickel plated material sufficiently ductile and adherent to the 
substrate to permit forming without cracking, flaking, peeling, or any 
other evidence of separation; having coating thickness: top side: 
nickel-graphite layer [gteqt] 1.0 micrometers; bottom side: nickel 
layer [gteqt] 1.0 micrometers; (d) nickel-phosphorous plated diffusion 
annealed nickel plated carbon product, having a natural composition 
mixture of nickel and phosphorus electrolytically plated to the top 
side of a diffusion annealed nickel plated steel strip with a cold 
rolled or tin mill black plate base metal conforming to the chemical 
requirements based on AISI 1006; with both sides of the base metal 
initially electrolytically plated with natural nickel, and the material 
then annealed to create a diffusion of the nickel and iron substrate; 
another layer of the natural nickel-phosphorous then electrolytically 
plated on the top side of the nickel plated steel strip; with the 
nickel-phosphorous, nickel plated material sufficiently ductile and 
adherent to the substrate to permit forming without cracking, flaking, 
peeling or any other evidence of separation; having a coating 
thickness: top side: nickel-phosphorous, nickel layer [gteqt]; 1.0 
micrometers; nickel-phosphorous layer [gteqt] 0.1 micrometers; bottom 
side : nickel layer [gteqt] 1.0 micrometers; (e) diffusion annealed, 
tin-nickel plated products, electrolytically plated with natural nickel 
to the top side of a diffusion annealed tin-nickel plated cold rolled 
or tin mill black plate base metal conforming to the chemical 
requirements based on AISI 1006; with both sides of the cold rolled 
strip initially electrolytically plated with natural nickel, with the 
top side of the nickel plated strip electrolytically plated with tin 
and then annealed to create a diffusion between the nickel and tin 
layers in which a nickel-tin alloy is created, and an additional layer 
of natural nickel then electrolytically plated on the top side of the 
strip of the nickel-tin alloy; sufficiently ductile and adherent to the 
substrate to permit forming without cracking, flaking, peeling or any 
other evidence of separation; having coating thickness: top side: 
nickel-tin-nickel combination layer [gteqt] 1.0 micrometers; tin layer 
only [gteqt] 0.05 micrometers; bottom side: nickel layer [gteqt] 1.0 
micrometers; and (f) tin mill products for battery containers, tin and 
nickel plated on a cold rolled or tin mill black plate base metal 
conforming to chemical requirements based on AISI 1006; having both 
sides of the cold rolled substrate electrolytically plated with natural 
nickel; then annealed to create a diffusion of the nickel and iron 
substrate; then an additional layer of natural tin electrolytically 
plated on the top side; and again annealed to create a diffusion of the 
tin and nickel alloys; with the tin-nickel, nickel plated material 
sufficiently ductile and adherent to the substrate to permit forming 
without cracking, flaking, peeling or any other evidence of separation; 
having a coating thickness: top side: nickel-tin layer [gteqt] 1 
micrometer; tin layer alone [gteqt] 0.05 micrometers; bottom side: 
nickel layer [gteqt] 1.0 micrometer.
    Also excluded from this order are 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.

Final Results of Review; Partial Revocation of Antidumping Duty Order

    The affirmative statement of no interest by petitioners concerning 
carbon steel flat products, as described herein, constitutes changed 
circumstances sufficient to warrant partial revocation of this order. 
Also, no party commented on the Initiation and Preliminary Results. 
Therefore, the Department is partially revoking the order on certain 
corrosion-resistant carbon steel flat products from Japan with regard 
to products which meet the specifications detailed above, in accordance 
with sections 751(b) and (d) and 782(h) of the Act and 19 CFR 
351.216(d).
    The Department will instruct the Customs to proceed with 
liquidation, without regard to antidumping duties, of all unliquidated 
entries of certain corrosion-resistant carbon steel flat products 
meeting the specifications indicated above, entered or withdrawn from 
warehouse, for consumption on or after August 1, 1998, the day after 
the most recent time period that was subject to final results of an 
administrative review (08/01/97 - 07/31/98). The Department will 
further instruct Customs to refund with interest any estimated duties 
collected with respect to unliquidated entries of certain corrosion-
resistant carbon steel flat products meeting the specifications 
indicated above, entered or withdrawn from warehouse, for consumption 
on or after August 1, 1998, in accordance with section 778 of the Act.
    This notice 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 changed circumstances administrative review, partial 
revocation of the antidumping duty order and notice are in accordance 
with sections 751(b) and (d) and 782(h) of the Act and sections 
351.216(e) and 351.222(g) of the Department's regulations.

    Dated: August 29, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-22840 Filed 9-6-02; 8:45 am]
BILLING CODE 3510-DS-S