[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Notices]
[Pages 62136-62138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24801]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-791-814]


Notice of Final Determination of Sales at Less Than Fair Value 
and Negative Final Determination of Critical Circumstances: Certain 
Cold-Rolled Carbon Steel Flat Products From South Africa

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

ACTION: Notice of final determination of sales at less than fair value 
and negative final determination of critical circumstances.

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SUMMARY: We determine that certain cold-rolled carbon steel flat 
products from South Africa are being, or are likely to be, sold in the 
United States at less than fair value, as provided in section 735(a) of 
the Tariff Act of 1930, as amended. In addition, we determine that 
critical circumstances do not exist for imports of cold-rolled carbon 
steel flat products from South Africa.
    We gave interested parties an opportunity to comment on the 
preliminary determination. Based on our analysis of the comments 
received, we have made certain changes for the final determination.

EFFECTIVE DATE: October 3, 2002.

FOR FURTHER INFORMATION CONTACT: Minoo Hatten, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-1690.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    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. In addition, unless 
otherwise indicated, all citations to the Department of Commerce 
(``Department'') regulations are to the regulations codified at 19 CFR 
part 351 (April 2002).

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, Postponement of Final Determination and Negative Preliminary 
Determination of Critical Circumstances: Certain Cold-Rolled Carbon 
Steel Flat Products From South Africa, 67 FR 31243 (May 9, 2002) 
(Preliminary Determination). See also 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).
    Since the Preliminary Determination, the following events have 
occurred. On May 13, 2002, and May 27, 2002, the Department conducted a 
U.S. sales verification and home-market sales verification, 
respectively, using standard verification procedures. Our verification 
results are outlined in the public versions of the verification reports 
(see U.S. sales verification report

[[Page 62137]]

from analysts to file, dated May 23, 2002, and home-market verification 
report, dated June 24, 2002).
    We gave interested parties an opportunity to comment on the 
Preliminary Determination. On July 19, 2002, the petitioners \1\ 
submitted their case brief. Iscor Limited (Iscor) and its affiliate, 
MacSteel International USA Corp (MIUSA) (collectively Iscor), 
respondent in this investigation, also submitted its case brief on July 
19, 2002. The petitioners and Iscor submitted their rebuttal briefs on 
July 24, 2002. No parties requested a hearing.
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    \1\ The petitioners in the concurrent antidumping duty 
investigations are Bethlehem Steel Corporation, LTV Steel Company, 
National Steel Corporation, Nucor Corporation, Steel Dynamics, Inc., 
United States Steel LLC, WCI Steel, Inc., and Weirton Steel 
Corporation. Weirton Steel Corporation is not a petitioner in the 
Netherlands case. Effective January 1, 2002, the party previously 
known as ``United States Steel LLC'' changed its name to ``United 
States Steel Corporation.''
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    With respect to scope, in the preliminary less-than-fair-value 
(LTFV) determinations in this and the companion cold-rolled steel 
investigations, 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 of the main Department building). We gave parties until June 20, 
2002, to comment on the preliminary scope ruling, and until June 27, 
2002, to submit rebuttal comments. We received comments and/or rebuttal 
comments from the 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 Japan 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. The Department's final decisions on the scope-exclusion requests 
are addressed in the Scope of Investigation section below.

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 the Scope Appendix 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 (Aug. 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 CRU.

Critical Circumstances

    In letters filed on December 7, 2001, and January 14, 2002, the 
petitioners alleged that there is a reasonable basis to believe or 
suspect that critical circumstances exist with respect to imports of 
cold-rolled steel from South Africa and other countries. On May 9, 
2002, the Department published in the Federal Register its preliminary 
determination that critical circumstances do not exist for imports of 
cold-rolled steel from South Africa. See Preliminary Determination and 
critical-circumstances memorandum from Richard W. Moreland to Faryar 
Shirzad, dated April 26, 2002 (Preliminary Negative Determinations of 
Critical Circumstances--South Africa). A public version of this 
memorandum is on file in CRU.
    We received no comments from the petitioners or the respondent 
regarding our preliminary finding that critical circumstances do not 
exist for imports of cold-rolled steel from South Africa. We have not 
changed our determination and continue to find that critical 
circumstances do not exist for imports of cold-rolled steel from South 
Africa.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Richard W. Moreland, Deputy Assistant 
Secretary, to Faryar Shirzad, Assistant Secretary, 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 Memo, is attached to this notice as an Appendix. 
This Decision Memo, which is a public document, is on file in the CRU 
and is accessible on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Changes Since the Preliminary Determination

    Our calculations followed the methodologies described in the 
Preliminary Determination, except as noted below, and in the September 
23, 2002, Decision Memo and final determination analysis memorandum.
    For certain models for which Iscor did not report constructed-value 
(CV) data, Iscor identified models which closely matched the models for 
which it could not furnish the CV data and supplied CV data for the 
surrogate models. Because we are unable to determine the impact of the 
difference in the physical characteristics between the similar model 
chosen and the models with missing costs, we have not included the 
models with missing CV data in the margin calculation. For a more 
detailed analysis see our response to comment 5 of the Decision Memo 
and the final determination analysis memorandum from analyst to file 
dated September 23, 2002.
    We have also applied partial adverse facts available because we 
find that Iscor did not act to the best of its ability to provide 
accurate weight-conversion factors. As partial adverse facts available, 
we have used the lowest weight-conversion factor that we verified as 
accurate and applied it to all sales that have a reported weight-
conversion factor greater than this

[[Page 62138]]

number. For a more detailed analysis see our response to comment 9 of 
the Decision Memo and the final determination analysis memorandum from 
analyst to file dated September 23, 2002.

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service (Customs) to continue to suspend 
liquidation of all imports of subject merchandise 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 weighted-average amount by which the 
normal value exceeds the constructed export price, as indicated in the 
chart below. These suspension-of-liquidation instructions will remain 
in effect until further notice. The weighted-average dumping margins 
are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              percentage
------------------------------------------------------------------------
Iscor......................................................        41.90
All Others.................................................    ** 41.90
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**As Iscor was the only respondent in this investigation, we have used
  Iscor's margin as the all-others rate.

International Trade Commission 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 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 cancelled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order.

Notification Regarding Administrative Protective Order (APO)

    This notice serves as a reminder to parties subject to 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 published pursuant to sections 735(d) and 
777(i)(1) of the Act.

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

Appendix--Comments and Responses

1. CEP Offset
2. Total Adverse Facts Available
3. Product Characteristics
4. Multiple Costs
5. Missing Costs
6. Inaccurate U.S. Sales Quantities
7. Missing Home-Market Sales
8. Inclusion of Non-Subject Merchandise in the Home-Market Sales 
File
9. Inaccurate Weight-Conversion Factors and Partial Adverse Facts 
Available

[FR Doc. 02-24801 Filed 10-2-02; 8:45 am]
BILLING CODE 3510-DS-P