[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Notices]
[Pages 62126-62128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24796]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-810]


Notice of Final Determination of Sales at Less Than Fair Value; 
Certain Cold-Rolled Carbon Steel Flat Products From Turkey

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

EFFECTIVE DATE: October 3, 2002.

ACTION: Notice of final determination of sales at less than fair value.

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FOR FURTHER INFORMATION CONTACT: Melissa Blackledge, or Robert James at 
(202) 482-3518, or (202) 482-0649, respectively; Antidumping and 
Countervailing Duty Enforcement Group III, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230.

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 Tariff Act) 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to Department of Commerce 
(Department) regulations refer to the regulations codified at 19 CFR 
part 351 (April 2001).

Final Determination

    We determine that cold-rolled carbon steel flat products (cold-
rolled steel) from Turkey are being sold, or are likely

[[Page 62127]]

to be sold, in the United States at less than fair value (LTFV), as 
provided in section 735 of the Tariff Act. The estimated margins of 
sales at LTFV are shown in the ``Suspension of Liquidation'' section of 
this notice.

Case History

    We published in the Federal Register the preliminary determination 
in this investigation on May 9, 2002. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value: Cold-Rolled Carbon 
Steel Flat Products from Turkey, 67 FR 31264 (May 9, 2002) (Preliminary 
Determination). Since the publication of the Preliminary Determination 
the following events have occurred.
    On May 7, 2002, respondent in this investigation, Bor[Ccedil]elik 
[Ccedil]elik Sanayii Ticaret A.[Scedil]. (Bor[Ccedil]elik), timely 
submitted an allegation of several ministerial errors with respect to 
the preliminary determination and requested the Department correct the 
alleged errors and publish an amended preliminary determination. See 19 
CFR 351.224(e) of the Department's regulations. The Department issued a 
memo addressing the allegations of ministerial errors and issued an 
amended preliminary determination on June 12, 2002. See Notice of 
Amended Preliminary Determination of Sales at Less Than Fair Value: 
Cold-Rolled Carbon Steel Flat Products from Turkey, 67 FR 41695 (June 
19, 2002) (Amended Preliminary Determination).
    The Department verified sections A-C of Bor[Ccedil]elik's responses 
from May 13 through May 17, 2002, at its administrative headquarters in 
Gemlik, Turkey. The Department also verified section D of 
Bor[Ccedil]elik's response from May 21 through May 25, 2002, at 
Bor[ccedil]elik's administrative headquarters. See Memorandum For the 
File; ``Sales Verification of Bor[Ccedil]elik'', June 19, 2002 (Sales 
Verification Report) and Memorandum to Neal Halper, Acting Director, 
Office of Accounting; ``Verification Report on the Cost of Production 
and Constructed Value Data--Bor[Ccedil]elik,'' June 26, 2002 (Cost 
Verification Report). Public versions of these, and all other 
Departmental memoranda referred to herein, are on file in the Central 
Records Unit, room B-099 of the main Commerce building.
    On May 31, 2002, the respondent, Bor[Ccedil]elik, requested the 
Department postpone the final determination the full sixty days as 
permitted by the statute and the Department's regulations. On June 14, 
2002, the Department postponed the final determination until no later 
than 135 days after publication of the preliminary determination in the 
Federal Register. See Notice of Postponement of Final Determination of 
Sales at Less Than Fair Value: Cold-Rolled Carbon Steel Flat Products 
from Turkey, 67 FR 41955 (June 20, 2002).
    On May 20, 2002, Nucor Corporation,\1\ a petitioner in this 
investigation, requested a public hearing. On July 2, 2002, Nucor 
Corporation withdrew its request for a hearing. On July 12, 2002, 
respondent and petitioners filed case briefs. We received rebuttal 
briefs from all parties on July 17, 2002.
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    \1\ Other petitioners include Bethlehem Steel Corporation, 
National Steel Corporation, Nucor Corporation, Steel Dynamics, Inc., 
United States Steel Corporation, WCI Steel, Inc., and Weirton Steel 
Corporation (collectively, petitioners).
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Period of Investigation

    The period of investigation (POI) is July 1, 2000, through June 30, 
2001.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Joseph A. Spetrini, Deputy 
Assistant Secretary, Import Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated September 23, 
2002, which is hereby adopted by this notice. A list of the issues 
which parties have raised and to which we have responded, all of which 
are in the Decision Memorandum, is attached to this notice as an 
Appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file in B-099.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the World Wide Web at http://www.ia.ita.doc.gov/. 
The paper copy and electronic version of the Decision Memorandum are 
identical in content.

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 is 
contained in ``Appendix I'' attached to the Notice of Correction to 
Final Determination of Sales at Less Than Fair Value: Certain Cold-
Rolled Carbon Steel Flat Products from Australia, 67 FR 52934 (August 
14, 2002). 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.

Use of Facts Available

    For a discussion of our application of facts available, see the 
``Discussion of Issues'' section of the Decision Memorandum, Comment 3, 
which is on file in B-099 and available on the Web at http://www.ia.ita.doc.gov/.

Changes Since the Amended Preliminary Determination

    Based on our analysis of comments received and findings at 
verification, we have made certain changes in the margin calculations. 
Any allegations of errors are discussed in the relevant sections of the 
``Decision Memorandum,'' accessible in B-099 and on the Web at http://www.ia.ita.doc.gov/.

Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Tariff Act, we are 
instructing Customs to continue to suspend liquidation of all entries 
of cold-rolled carbon steel flat products from Turkey that are entered, 
or withdrawn from warehouse, for consumption on or after May 9, 2002, 
the date of publication of the Preliminary Determination. The Customs 
Service shall continue to require a cash deposit or the posting of a 
bond based on the estimated weighted-average dumping margins shown 
below. The suspension of liquidation instructions will remain in effect 
until further notice.
    We determine that the following weighted-average dumping margins 
exist for the period July 1, 2000, through June 30, 2001:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              (percent)
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Bor[ccedil]elik [Ccedil]elik Sanayii Ticaret A.[Scedil].            4.32
 (Bor[ccedil]elik).........................................
All Others.................................................         4.32
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[[Page 62128]]

ITC Notification

    In accordance with section 735(d) of the Tariff 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 
threat of 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 canceled. If the ITC determines that such injury does 
exist, the Department will issue in antidumping 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.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of business proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or 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 Tariff Act.

    Dated: September 23, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix I--Issues in Decision Memorandum

Comments and Responses

1. U.S. Dollars v. Turkish Lira for Home Market Prices
2. U.S. Warranty Expenses
3. Cost of Production of Major Input (Hot-Rolled Coil)
4. Depreciation Expenses
5. Scrap
6. G&A Expenses
7. Financial Expense
8. ``Vade Farki'' (Inflation/Due Date-Related Charges)
9. Surface Quality
10. Billing Adjustments
11. ``Kur Farki'' (Currency-Fluctuation Charges)
12. Credit Expenses

[FR Doc. 02-24796 Filed 10-2-02; 8:45 am]
BILLING CODE 3510-DS-P