[Federal Register Volume 68, Number 115 (Monday, June 16, 2003)]
[Notices]
[Pages 35626-35627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15150]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-808]


Certain Cut-to-Length Carbon Steel Plate From Ukraine; Final 
Results of Administrative Review of the Suspension Agreement and 
Determination Not To Terminate

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

ACTION: Notice of Final Results of the Administrative Review of the 
Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate from 
Ukraine and Determination Not to Terminate.

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SUMMARY: On December 9, 2002, the Department of Commerce (the 
Department) published the preliminary results of administrative review 
of the suspension agreement on certain cut-to-length carbon steel plate 
from Ukraine (the Agreement). See Notice of Preliminary Results of the 
Administrative Review of the Suspension Agreement on Certain Cut-to-
Length Carbon Steel Plate from Ukraine, 67 FR 72916 (December 9, 2002) 
(Preliminary Results). The merchandise covered by this administrative 
review is certain cut-to-length carbon steel plate as described in the 
``Scope of the Review'' section of this Federal Register notice. The 
period of review (POR) is November 1, 2000 through October 31, 2001. In 
these final results, we have determined that Azovstal Iron and Steel 
Works (Azovstal), Ilyich Iron and Steel Works (Ilyich), and the 
Government of Ukraine (collectively, respondents) have complied with 
the terms of the Agreement. However, we are not terminating the 
Agreement or the underlying investigation, pursuant to section 
351.222(b)(1)(i)(B) of the Department's regulations, because the 
continued maintenance of the Agreement is necessary to offset dumping.

[[Page 35627]]


EFFECTIVE DATE: June 16, 2003.

FOR FURTHER INFORMATION CONTACT: Patricia Tran or Robert James, AD/CVD 
Enforcement Group III, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
1121 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department conducted verification on March 13, 2003, through 
March 26, 2003. We verified the GOU's responses at the offices of the 
Ministry of Economy in Kiev, Ukraine on March 13 and 14, 2003; the 
Department's verifiers then traveled to Mariupol and Donetsk, Ukraine 
to verify the information submitted by Ilyich and Azovstal from March 
17 through 20, 2003. Finally, the Department verified relevant 
information pertaining to sales made by Azovstal through an affiliated 
trading company, Leman Commodities. This last portion of the 
verification took place at Leman's sales offices in Donetsk, Ukraine on 
March 21, 2003, and at Leman's corporate headquarters in Geneva, 
Switzerland on March 24 and 25, 2003. We issued the verification report 
on May 2, 2003.
    We invited parties to comment on our Preliminary Results. We 
received a case brief from Azovstal and Ilyich on May 13, 2003. 
Petitioners, Bethlehem Steel Corporation and United States Steel 
Corporation, filed their rebuttal brief on May 19, 2003.

Scope of Review

    The products covered by this agreement 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 Agreement 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 Agreement is dispositive. 
Specifically excluded from subject merchandise within the scope of this 
Agreement is grade X-70 steel plate.

Analysis of Comments Received

    All issues raised in the case and rebuttals briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Barbara Tillman, Acting Deputy 
Assistant Secretary for Import Administration to Joseph A. Spetrini, 
Acting Assistant Secretary for Import Administration, dated June 6, 
2003, which is hereby adopted by this notice. Azovstal and Ilyich 
submitted a single comment requesting termination of the Agreement and 
the suspended antidumping investigation. Parties can find a complete 
discussion of termination of the Agreement and the underlying 
investigation and the corresponding recommendations in the public 
Decision Memorandum which is on file in room B-099 of the main 
Department of Commerce building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Internet at http://www.ia.ita.doc.gov. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Review

    For the reasons described in the Decision Memorandum, the 
Department has determined not to terminate the Agreement or underlying 
investigation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act.

    Dated: June 6, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-15150 Filed 6-13-03; 8:45 am]
BILLING CODE 3510-DS-P