[Federal Register Volume 68, Number 7 (Friday, January 10, 2003)]
[Notices]
[Pages 1436-1438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-524]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-847]


Notice of Initiation and Preliminary Results of Changed 
Circumstances Antidumping Duty Administrative Review, and Intent to 
Revoke Order in Part: Certain Cut-To-Length Carbon-Quality Steel Plate 
Products from Japan

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

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

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SUMMARY: In accordance with section 751(b) of the Tariff Act of 1930, 
as amended (the Act), and section 351.216(b) of the Department of 
Commerce's (the Department's) regulations, NKK Corporation (NKK) and 
Mitsubishi International Steel, Inc. (MISI) filed a request for a 
changed circumstances review of the antidumping duty order on certain 
cut-to-length carbon-quality steel plate products (CTL plate) from 
Japan. Specifically, NKK and MISI request that the Department revoke 
the antidumping duty order with respect to two abrasion-resistant steel 
products produced by NKK that are described below. The domestic 
industry has affirmatively expressed no interest in the continuation of 
the order with respect to these products. In response to the request, 
the Department is initiating a changed circumstances review and issuing 
a notice of intent to revoke, in part, the antidumping duty order on 
CTL plate from Japan. Interested parties are invited to comment on 
these preliminary results.

EFFECTIVE DATE: January 10, 2003.

FOR FURTHER INFORMATION CONTACT: Jack K. Dulberger or Mark Manning, AD/
CVD Enforcement, Group II, Office 4, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone 
(202) 482-5505 and (202) 482-5253, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 27, 2002, NKK and MISI requested that the Department 
revoke the antidumping duty order on CTL plate from Japan with respect 
to two abrasion-resistant steel products produced by NKK: ``NK-EH-360 
(NK Everhard 360)'' and ``NK-EH-500 (NK Everhard 500).'' See NKK's and 
MISI's letter to the Secretary, dated November 27, 2002 (Changed 
Circumstances Review Request). Specifically, NKK and MISI request that 
the Department revoke the order with respect to imports meeting the 
following detailed product descriptions: (1) NK-EH-360: a) Physical 
Properties: thickness ranging from 6-50 mm, Brinell Hardness: 361 min.; 
b) Heat Treatment: controlled heat treatment; and c) Chemical 
Composition (percent weight): C: 0.20 max., Si: 0.55 max., Mn: 1.60 
max., P: 0.030 max., S: 0.030 max.,

[[Page 1437]]

Cr: 0.40 max., Ti: 0.005-0.020, B: 0.004 max; and (2) NK-EH-500: a) 
Physical Properties: thickness ranging from 6-50 mm, Brinell Hardness: 
477 min.; b) Heat Treatment: controlled heat treatment; and c) Chemical 
Composition (percent weight): C: 0.35 max., Si: 0.55 max., Mn: 1.60 
max., P: 0.030 max., S: 0.030 max., Cr: 0.80 max., Ti: 0.005-0.020, B: 
0.004 max. See Changed Circumstances Review Request at 2. The order 
with regard to imports of other CTL plate from Japan is not affected by 
this request.
    On December 17 and 18, 2002, Bethlehem Steel Corporation, IPSCO 
Steel Inc., Nucor Corporation, and United States Steel Corporation, 
producers of the domestic like product and, with the exception of Nucor 
Corporation, petitioners in the antidumping duty investigation of CTL 
plate from Japan, stated that they do not object to the exclusion of 
these two NKK products from the scope of the order. See Memorandum to 
the File from Jack Dulberger, dated December 19, 2002, which is on file 
in Import Administration's Central Records Unit, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Room B-099, 
Washington, DC 20230.

Scope of the Order

    The products covered by this antidumping duty order are certain 
hot-rolled carbon-quality steel: (1) 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 nominal or 
actual thickness of not less than 4 mm, which are cut-to-length (not in 
coils) and without patterns in relief), of iron or non-alloy-quality 
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual 
thickness of 4.75 mm or more and of a width which exceeds 150 mm and 
measures at least twice the thickness, and which are cut-to-length (not 
in coils). Steel products to be included in the scope of the order are 
of rectangular, square, circular or other shape and of rectangular or 
non-rectangular cross-section where such non-rectangular 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. Steel products that meet the 
noted physical characteristics that are painted, varnished or coated 
with plastic or other non-metallic substances are included within this 
scope. Also, specifically included in the scope of the order are high 
strength, low alloy (HSLA) steels. HSLA steels are recognized as steels 
with micro-alloying levels of elements such as chromium, copper, 
niobium, titanium, vanadium, and molybdenum. Steel products to be 
included in this scope, regardless of Harmonized Tariff Schedule of the 
United States (HTSUS) definitions, are products in which: (1) Iron 
predominates, by weight, over each of the other contained elements, (2) 
the carbon content is two percent or less, by weight, and (3) none of 
the elements listed below is equal to or exceeds the quantity, by 
weight, respectively indicated: 1.80 percent of manganese, or 1.50 
percent of silicon, or 1.00 percent of copper, or 0.50 percent of 
aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 
0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of 
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent 
zirconium. All products that meet the written physical description, and 
in which the chemistry quantities do not equal or exceed any one of the 
levels listed above, are within the scope of the order unless otherwise 
specifically excluded. The following products are specifically excluded 
from the order: (1) Products clad, plated, or coated with metal, 
whether or not painted, varnished or coated with plastic or other non-
metallic substances; (2) SAE grades (formerly AISI grades) of series 
2300 and above; (3) products made to ASTM A710 and A736 or their 
proprietary equivalents; (4) abrasion-resistant steels (i.e., USS AR 
400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, 
A517 grade S, or their proprietary equivalents; (6) ball bearing 
steels; (7) tool steels; and (8) silicon manganese steel or silicon 
electric steel.
    The merchandise subject to the order is classified in the HTSUS 
under subheadings: 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, 7225.40.3050, 
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 
7226.91.8000, 7226.99.0000. Although the HTSUS subheadings are provided 
for convenience and Customs purposes, the written description of the 
merchandise covered by the order is dispositive.

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

    Section 751(d)(1) of the Act and section 351.222 (g) of the 
Department's regulations provide that the Department may revoke an 
antidumping or countervailing duty order, in whole or in part, after 
conducting a changed circumstances review and concluding from the 
available information that changed circumstances sufficient to warrant 
revocation or termination exist. The Department may conclude that 
changed circumstances sufficient to warrant revocation (in whole or in 
part) exist when 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 order, in whole or in part. 
See section 782(h) of the Act and section 351.222 (g)(1) of the 
Department's regulations. Based on affirmative statements by domestic 
producers of the like product, Bethlehem Steel Corporation, IPSCO Steel 
Inc., Nucor Corporation, and United States Steel Corporation, no 
interest exists in continuing the order with respect to the abrasion-
resistant steel products (i.e., NK-EH-360 and NK-EH-500) that meet the 
specifications listed above in the ``Background'' section of this 
notice.
    Therefore, we are hereby notifying the public of our intent to 
revoke, in part, the antidumping duty order on CTL plate from Japan 
with respect to imports of two abrasion-resistant steel products (i.e., 
NK-EH-360 and NK-EH-500) that meet the above-mentioned specifications. 
We intend to modify the scope of the order on CTL plate from Japan to 
read as follows:
    The products covered by this antidumping duty order are certain 
hot-rolled carbon-quality steel: (1) 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 nominal or 
actual thickness of not less than 4 mm, which are cut-to-length (not in 
coils) and without patterns in relief), of iron or non-alloy-quality 
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual 
thickness of 4.75 mm or more and of a width which exceeds 150 mm and 
measures at least twice the thickness, and which are cut-to-length (not 
in coils). Steel products to be included in the scope of these orders 
are of rectangular, square, circular or other shape and of rectangular 
or non-rectangular cross-section where such non-rectangular cross-
section is

[[Page 1438]]

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. Steel products that meet the noted 
physical characteristics that are painted, varnished or coated with 
plastic or other non-metallic substances are included within this 
scope. Also, specifically included in the scope of these orders are 
high strength, low alloy (HSLA) steels. HSLA steels are recognized as 
steels with micro-alloying levels of elements such as chromium, copper, 
niobium, titanium, vanadium, and molybdenum. Steel products to be 
included in this scope, regardless of Harmonized Tariff Schedule of the 
United States (HTSUS) definitions, are products in which: (1) Iron 
predominates, by weight, over each of the other contained elements, (2) 
the carbon content is two percent or less, by weight, and (3) none of 
the elements listed below is equal to or exceeds the quantity, by 
weight, respectively indicated: 1.80 percent of manganese, or 1.50 
percent of silicon, or 1.00 percent of copper, or 0.50 percent of 
aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 
0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of 
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent 
zirconium. All products that meet the written physical description, and 
in which the chemistry quantities do not equal or exceed any one of the 
levels listed above, are within the scope of these orders unless 
otherwise specifically excluded. The following products are 
specifically excluded from these orders: (1) Products clad, plated, or 
coated with metal, whether or not painted, varnished or coated with 
plastic or other non-metallic substances; (2) SAE grades (formerly AISI 
grades) of series 2300 and above; (3) products made to ASTM A710 and 
A736 or their proprietary equivalents; (4) abrasion-resistant steels 
(i.e., USS AR 400, USS AR 500, NK-EH-360 (NK Everhard 360), NK-EH-500 
(NK Everhard 500)). (NK-EH-360 has the following specifications: a) 
Physical Properties: thickness ranging from 6-50 mm, Brinell Hardness: 
361 min.; b) Heat Treatment: controlled heat treatment; and c) Chemical 
Composition (percent weight): C: 0.20 max., Si: 0.55 max., Mn: 1.60 
max., P: 0.030 max., S: 0.030 max., Cr: 0.40 max., Ti: 0.005-0.020, B: 
0.004 max. NK-EH-500 has the following specifications: a) Physical 
Properties: thickness ranging from 6-50 mm, Brinell Hardness: 477 min.; 
b) Heat Treatment: controlled heat treatment; and c) Chemical 
Composition (percent weight): C: 0.35 max., Si: 0.55 max., Mn: 1.60 
max., P: 0.030 max., S: 0.030 max., Cr: 0.80 max., Ti: 0.005-0.020, B: 
0.004 max); (5) products made to ASTM A202, A225, A514 grade S, A517 
grade S, or their proprietary equivalents; (6) ball bearing steels; (7) 
tool steels; and (8) silicon manganese steel or silicon electric steel.
    The merchandise subject to these orders is classified in the HTSUS 
under subheadings: 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, 7225.40.3050, 
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 
7226.91.8000, 7226.99.0000. Although the HTSUS subheadings are provided 
for convenience and Customs purposes, the written description of the 
merchandise covered by these orders is dispositive.
    Furthermore, pursuant to section 351.221(c)(3)(ii) of the 
Department's regulations, because domestic producers have expressed a 
lack of interest, we determine that expedited action is warranted and 
have combined in this notice the notices of initiation and preliminary 
results.
    If the final partial revocation occurs, we intend to instruct the 
U.S. Customs Service (Customs) to liquidate without regard to 
applicable antidumping duties, and refund any estimated antidumping 
duties collected on, all unliquidated entries of the two abrasion-
resistant steel products (i.e., NK-EH-360 and NK-EH-500) that meet the 
above-noted specifications entered, or withdrawn from warehouse, for 
consumption on or after February 1, 2002. We will also instruct Customs 
to pay interest on such refunds with respect to the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after 
February 1, 2002, in accordance with section 778 of the Act. The 
current requirement for a cash deposit of estimated antidumping duties 
on the two abrasion-resistant steel products (i.e., NK-EH-360 and NK-
EH-500), and meeting the above-noted 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. Also, interested parties may request a 
hearing within 10 days of publication of this notice. 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 and/or written comments may be submitted by interested 
parties not later than 14 days after the date of publication of this 
notice. Pursuant to section 351.309(d)(1) of the Department's 
regulations, 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 section 351.303 of the 
Department's regulations and shall be served on all interested parties 
on the Department's service list. Persons interested in attending the 
hearing should contact the Department for the date and time of the 
hearing. The Department will issue the final results of this review 
within the time limits established in section 351.216 (e) of its 
regulations.
    This notice is published in accordance with section 751(b)(1) of 
the Act and sections 351.216 and 351.222 of the Department's 
regulations.

    Dated: January 3, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-524 Filed 1-9-03; 8:45 am]
BILLING CODE 3510-DS-S