[Federal Register Volume 68, Number 88 (Wednesday, May 7, 2003)]
[Notices]
[Pages 24434-24435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11355]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-808]


Final 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 Final Results of Full Sunset Review: Certain Cut-to-
Length Carbon Steel Plate from Ukraine.

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SUMMARY: On December 31, 2002, the Department of Commerce (``the 
Department'') published a notice of preliminary results of the full 
sunset review of the suspended antidumping duty investigation on 
certain cut-to-length carbon plate steel (``CTL plate'') from Ukraine 
(67 FR 79901), in accordance with section 751(c) of the Tariff Act of 
1930, as amended (``the Act''). We provided interested parties an 
opportunity to comment on our preliminary results. We received a case 
brief from the Embassy of Ukraine (``the Embassy''). In addition, we 
received a rebuttal brief from domestic interested parties Bethlehem 
Steel Corporation and United States Steel Corporation. As a result of 
this review, the Department 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 Final Results of Review section of this notice.

EFFECTIVE DATE: May 7, 2003.

FOR FURTHER INFORMATION CONTACT: Shannon M. McCormack or James P. 
Maeder, Jr., 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:

Statute and Regulations:

    This review is being conducted pursuant to sections 751(c) and 752 
of the Act. The Department's procedures for the conduct of sunset 
reviews are set forth in Procedures for Conducting Five-year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63 
FR 13516 (March 20, 1998) (``Sunset Regulations'') and in 19 CFR Part 
351 (2000) in general. Guidance on methodological or analytical issues 
relevant to the Department's conduct of sunset reviews is set forth in 
the Department's Policy Bulletin 98.3 Policies Regarding the Conduct of 
Five-year (``\Sunset'') Reviews of Antidumping and Countervailing Duty 
Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy 
Bulletin'').

Background:

    In our preliminary results, published on December 31, 2002 (67 FR 
79901), we found that the termination of the suspended antidumping duty 
investigation on CTL plate from Ukraine would be likely to lead to 
continuation or recurrence of dumping, at margins determined in the 
final determination of the original investigation.
    On February 10, 2003, the Department received a case brief from the 
Embassy of Ukraine. See Case Brief from the Embassy of Ukraine, Trade 
and

[[Page 24435]]

Economic Mission (February 10, 2003). On February 14, 2003, we received 
a rebuttal brief from domestic interested parties Bethlehem Steel 
Corporation and United States Steel Corporation. See Rebuttal Brief 
from Bethlehem Steel Corporation and United States Steel Corporation 
(February 14, 2003).

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.

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 
Joseph A. Spetrini, Acting Assistant Secretary, Import Administration, 
dated May 1, 2003, which is hereby 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 Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn, under the heading ``May 2003.'' The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Final Results of Review:

    We 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-average margin
      Manufacturer/producer/exporter              [chyph]percentage
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Azovstal..................................                         81.43
Ilyich....................................                        155.00
Ukraine-wide..............................                        237.91
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    This sunset review and notice are in accordance with sections 
751(c), 752, and 777(i)(1) of the Act.

    Dated: May 1, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-11355 Filed 5-6-03; 8:45 am]
BILLING CODE 3510-DS-S