[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Notices]
[Pages 9975-9977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4926]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-847]


Notice of Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, and Determination To Revoke the 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 final results of changed circumstances antidumping 
duty administrative review and determination to revoke order in part.

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SUMMARY: On January 10, 2003, 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 cut-to-length carbon-quality steel 
plate (CTL plate) products from Japan. See 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, 68 FR 1436 
(January 10, 2003) (Initiation and Preliminary Results). We are now 
revoking this order, in part, with respect to the particular abrasion-
resistant steel products meeting the specifications described below, 
based on the fact that domestic parties have expressed no interest in 
the continuation of the order with respect to these particular 
abrasion-resistant steel 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 the 
abrasion-resistant steel products meeting the specifications indicated 
below, entered or withdrawn from warehouse, for consumption on or after 
February 1, 2002, the day after the most recent time period for which 
the Department has issued assessment instructions to Customs (02/01/
2001-01/31/2002).

EFFECTIVE DATE: March 3, 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

[[Page 9976]]

Avenue, NW., Washington, DC 20230; telephone (202) 482-5505 and 482-
5253, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 27, 2002, NKK Corporation (NKK) and Mitsubishi 
International Steel, Inc. (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 requested 
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., 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, 
petitioners in the antidumping duty investigation of CTL plate from 
Japan (with the exception of Nucor Corporation), 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, Financial 
Analyst, ``Telephone Discussions With Legal Counsel For Petitioners 
Regarding Continued No Interest,'' 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. Subsequently, as noted above, we published the 
Initiation and Preliminary Results and gave interested parties an 
opportunity to comment on the Department's preliminary results of 
review. We received no comments from interested parties.

New Scope Based on This Changed Circumstances Review

    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 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.

Final Results of Review; Partial Revocation of Antidumping Duty Order

    The affirmative statement of no interest by petitioners concerning 
abrasion-resistant steel products (i.e., NK-EH-360 and NK-EH-500), 
meeting the specifications described above, constitutes changed 
circumstances sufficient to warrant partial revocation of this order. 
Also, no party commented

[[Page 9977]]

on the Initiation and Preliminary Results. Therefore, the Department is 
partially revoking the order on CTL plate from Japan with regard to 
abrasion-resistant steel products (i.e., NK-EH-360 and NK-EH-500) which 
meet the specifications detailed above, in accordance with sections 
751(b) and (d) and 782(h) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.216(d)(2002).
    The Department will instruct Customs to proceed with liquidation, 
without regard to antidumping duties, of all unliquidated entries of 
abrasion-resistant steel products (i.e., NK-EH-360 and NK-EH-500) 
meeting the specifications indicated above, entered or withdrawn from 
warehouse, for consumption on or after February 1, 2002, the day after 
the most recent period for which the Department has issued assessment 
instructions to Customs (02/01/2001-01/31/2002). The Department will 
further instruct Customs to refund with interest any estimated duties 
collected with respect to unliquidated entries of abrasion-resistant 
steel products (i.e., NK-EH-360 and NK-EH-500) meeting the 
specifications indicated above, entered or withdrawn from warehouse, 
for consumption on or after February 1, 2002, in accordance with 
section 778 of the Act.
    This notice serves as a reminder to parties subject to 
administrative protective order (APO) 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: February 21, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-4926 Filed 2-28-03; 8:45 am]
BILLING CODE 3510-DS-P