[Federal Register Volume 67, Number 251 (Tuesday, December 31, 2002)]
[Notices]
[Pages 79901-79902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-33010]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / 
Notices  

[[Page 79901]]



DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-808]


Preliminary Results of Five-Year Sunset Review of Suspended 
Antidumping Duty Investigation on Certain Cut-to-Length Carbon Steel 
Plate From Ukraine

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

ACTION: Notice of preliminary results of full sunset review: certain 
cut-to-length carbon steel plate from Ukraine.

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

SUMMARY: On September 3, 2002, the Department of Commerce (``the 
Department'') initiated a sunset review of the suspended antidumping 
duty investigation on certain cut-to-length carbon steel plate (``CTL 
plate'') from Ukraine (67 FR 56268) pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act''). On the basis of notices 
of intent to participate filed on behalf of domestic interested parties 
and adequate substantive comments filed on behalf of domestic and 
respondent interested parties, the Department is conducting a full 
(240-day) review. As a result of this review, the Department 
preliminarily finds that termination of the suspended antidumping duty 
investigation on CTL plate from Ukraine would likely lead to 
continuation or recurrence of dumping at the levels indicated in the 
Preliminary Results of Review section of this notice.

EFFECTIVE DATE: December 31, 2002.

FOR FURTHER INFORMATION CONTACT: Shannon M. McCormack or James P. 
Maeder, Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2539 or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Scope of Review

    The products covered by the sunset review of the suspended 
antidumping duty investigation on certain cut-to-length carbon steel 
plate from Ukraine include hot-rolled iron and non-alloy steel 
universal mill plates (i.e., flat-rolled products rolled on four faces 
or in a closed box pass, of a width exceeding 150 mm but not exceeding 
1250 mm and of a thickness of not less than 4 mm, not in coils and 
without patterns in relief), of rectangular shape, neither clad, plated 
nor coated with metal, whether or not painted, varnished, or coated 
with plastics or other nonmetallic substances; and certain iron and 
non-alloy steel flat-rolled products not in coils, of rectangular 
shape, hot-rolled, neither clad, plated, nor coated with metal, whether 
or not painted, varnished, or coated with plastics or other nonmetallic 
substances, 4.75 mm or more in thickness and of a width which exceeds 
150 mm and measures at least twice the thickness. Included as subject 
merchandise in this review are flat-rolled products of nonrectangular 
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. This merchandise is currently classified in the Harmonized 
Tariff Schedule of the United States (``HTS'') under item numbers 
7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 
7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 
7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 
7212.40.5000, 7212.50.0000. Although the HTS subheadings are provided 
for convenience and customs purposes, the written description of the 
scope of this sunset review is dispositive. Specifically excluded from 
subject merchandise within the scope of this sunset review is grade X-
70 steel plate.

History of Suspension Agreement

    On December 3, 1996, the Department initiated an antidumping duty 
investigation under section 732 of the Tariff Act of 1930 (``the Act'') 
on certain cut-to-length carbon steel plate (``CTL plate'') from 
Ukraine. See Initiation of Antidumping Duty Investigations: Certain 
Cut-To-Length Carbon Steel Plate from the People's Republic of China, 
Ukraine, the Russian Federation, and the Republic of South Africa, 61 
FR 64051 (December 3, 1996). On June 11, 1997, the Department 
preliminarily determined that CTL plate from Ukraine was being, or was 
likely to be, sold in the U.S. at less than fair value. See Preliminary 
Determination of Sales at Less Than Fair Value; Certain Cut-to-Length 
Carbon Steel Plate from Ukraine, 62 FR 31958 (Wednesday, June 11, 
1997).
    The Department suspended the antidumping duty investigation on 
October 24, 1997, on the basis of an agreement by the Government of 
Ukraine to restrict the volume of direct and indirect exports of CTL 
plate to the U.S. in order to prevent the suppression or undercutting 
of price levels of U.S. domestic like products. See Suspension of 
Antidumping Duty Investigation: Certain Cut-to-Length Carbon Steel 
Plate From Ukraine, 62 FR 61766 (October 24, 1997). Thereafter, the 
Department completed its investigation and published in the Federal 
Register its final determination of sales at less than fair market 
value. In the final determination, the Department calculated weighted-
average dumping margins of 81.43 percent for JSC Azovstal Iron & Steel 
Works (``Azovstal''), 155.00 percent for JSC Ilyich Iron & Steel Works 
(``Ilyich''), and 237.91 for ``all other'' Ukrainian manufacturers, 
producers, and exporters of the subject merchandise. See Notice of 
Final Determination of Sales at Less Than Fair Value: Certain Cut-to-
Length Carbon Steel Plate From Ukraine, 62 FR 61754 (November 19, 
1997). The Suspension Agreement (``Agreement'') remains in effect for 
all manufacturers, producers, and exporters of CTL plate from Ukraine.

Background

    On September 3, 2002, the Department initiated a sunset review of 
the suspended antidumping duty investigation on CTL plate from Ukraine, 
pursuant to section 751(c) of the Act. See Notice of Initiation of 
Five-Year (``Sunset'') Reviews, 61 FR 64051 (September 3, 2002). The 
Department received Notices of Intent to Participate

[[Page 79902]]

on behalf of Bethlehem Steel Corporation (``Bethlehem''), United States 
Steel Corporation (``U.S. Steel''), IPSCO Steel Inc. (``IPSCO''), and 
Nucor Corporation (``Nucor'') (collectively, ``domestic interested 
parties''), within the applicable deadline specified in section 
351.218(d)(1)(i) of the Sunset Regulations. See Notices of Intent to 
Participate for IPSCO and Nucor (September 16, 2002) and Bethlehem and 
U.S. Steel (September 18, 2002). Domestic interested parties claimed 
interested-party status under section 771(9)(C) of the Act. Id. at 2. 
In addition, domestic interested parties assert that they are not 
related to a foreign producer/exporter and are not importers, or 
related to importers, of the subject merchandise. Id.
    The Department received a complete substantive responses from the 
domestic interested parties within the 30-day deadline specified in the 
Sunset Regulations under section 351.218(d)(3)(i). See Substantive 
Responses for IPSCO and Nucor (October 2, 2002) and Bethlehem and U.S. 
Steel (October 3, 2002). On October 3, 2002, the Department received a 
complete substantive response from respondent interested parties 
Azovstal and Ilyich (collectively, ``respondent interested parties''). 
See Substantive Response for Azovstal and Ilyich (October 3, 2002). 
Respondent interested parties assert that they participated fully in 
the original investigation and have exported CTL plate from Ukraine in 
accordance with the terms and conditions of the Agreement. Id. at 4. 
Respondent interested parties claimed interested-party status under 
section 771(9)(A) of the Act as foreign manufacturers, producers, and 
exporters of CTL plate from Ukraine. Id. at 2. Lastly, domestic 
interested parties filed rebuttal responses to respondent interested 
parties' substantive response on October 8, 2002. See Rebuttal 
Responses from Domestic Interested Parties (October 8, 2002).
    In a sunset review, the Department normally will conclude that 
there is adequate response to conduct a full sunset review where 
respondent interested parties account for more than 50 percent, by 
volume, of total exports of subject merchandise to the United States. 
See 19 CFR 351.218(e)(1)(ii)(A) (63 FR 13516 (March 20, 1998)). After 
examining the respondent interested parties' total exports of the 
subject merchandise, on October 23, 2002, the Department determined 
that the respondent interested parties accounted for more than 50 
percent total production of the domestic like product. See Letter from 
Jeffrey A. May, Director, Office of Policy, Import Administration, to 
Lynn Featherstone, Director, Office of Investigations, International 
Trade Commission (October 23, 2002). Because the response of the 
respondent interested parties constituted an adequate response to the 
notice of initiation, the Department is conducting a full (240-day) 
sunset review in accordance with section 751(c)(3)(B) of the Act, and 
19 CFR 351.218(e)(1)(i) and will issue final results of review not 
later than May 1, 2003.

Analysis of Comments Received

    All issues raised by parties to this sunset review are addressed in 
the Issues and Decision Memorandum (``Decision Memorandum'') from 
Jeffrey A. May, Director, Office of Policy, Import Administration, to 
Faryar Shirzad, Assistant Secretary, Import Administration, dated 
December 23, 2002, which is adopted by this notice. The issues 
discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margins 
likely to prevail were the suspended antidumping duty investigation to 
be terminated. Parties may find a complete discussion of all issues 
raised in this review and the corresponding recommendations in this 
public memorandum which is on file in the Central Records Unit, room B-
099, of the main Commerce building. In addition, a complete version of 
the Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn, under the heading ``December 2002.'' The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

Preliminary Results of Review

    We preliminarily determine that termination of the suspended 
antidumping duty investigation on CTL plate from Ukraine would likely 
lead to a continuation or recurrence of dumping at the following 
percentage weighted-average margins:

------------------------------------------------------------------------
                                                             Weighted-
             Manufacturer/producer/ exporter              average margin
                                                            percentage
------------------------------------------------------------------------
Azovstal................................................           81.43
Ilyich..................................................          155.00
Ukraine-wide............................................          237.91
------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). 
Interested parties may submit case briefs no later than February 10, 
2003, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal briefs, 
which must be limited to issues raised in the case briefs, may be filed 
not later than February 17, 2003. Any hearing, if requested, will be 
held on February 19, 2003, in accordance with 19 CFR 351.310(d). The 
Department will issue a notice of final results of this sunset review, 
which will include the results of its analysis of issues raised in any 
such comments, no later than May 1, 2003.
    This sunset review and notice are in accordance with sections 
751(c), 752, and 777(i)(1) of the Act.

    Dated: December 23, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-33010 Filed 12-30-02; 8:45 am]
BILLING CODE 3510-DS-P