[Federal Register Volume 68, Number 232 (Wednesday, December 3, 2003)]
[Notices]
[Pages 67657-67659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30125]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-428-817]


Certain Corrosion-Resistant Carbon Steel Flat Products and Cut-
to-Length Carbon Steel Plate Products From Germany: Initiation of 
Countervailing Duty Changed Circumstances Reviews

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

ACTION: Notice of initiation of countervailing duty changed 
circumstances reviews.

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SUMMARY: In response to the October 22, 2003, request by International 
Steel Group, Inc. (purchaser of Bethlehem Steel Corporation) and United 
States Corporation, the domestic producers in these cases, the 
Department of

[[Page 67658]]

Commerce (the Department) is initiating changed circumstances 
countervailing duty reviews of the countervailing duty orders on 
certain corrosion-resistant carbon steel flat products and cut-to-
length carbon steel plate products from Germany. The domestic producers 
have expressed no further interest in the relief provided by the 
countervailing duty orders. Interested parties are invited to comment 
on this notice of initiation.

EFFECTIVE DATE: December 3, 2003.

FOR FURTHER INFORMATION CONTACT: Robert Copyak, Office of AD/CVD 
Enforcement VI, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
2209.

SUPPLEMENTARY INFORMATION: 

Background

    On August 17, 1993, the Department published countervailing duty 
orders on certain corrosion-resistant carbon steel flat products and 
cut-to-length carbon steel plate products from Germany. See 
Countervailing Duty Orders and Amendment to Final Affirmative 
Countervailing Duty Determinations: Certain Steel Products From 
Germany, 58 FR 43756 (August 17, 1993). On October 22, 2003, 
International Steel Group, Inc. (purchaser of Bethlehem Steel 
Corporation) and United States Corporation, requested that the 
Department revoke the countervailing duty orders, effective April 1, 
2004, based on their lack of further interest.

Scope of the Orders

    The products covered by these reviews are certain corrosion-
resistant carbon steel flat products and cut-to-length steel plate 
products from Germany.
    (1) Certain corrosion-resistant carbon steel flat products: The 
scope of countervailing duty order of certain corrosion-resistant 
carbon steel flat products (corrosion-resistant) includes flat-rolled 
carbon steel products, of rectangular shape, either clad, plated, or 
coated with corrosion-resistant metals such as zinc, aluminum, or zinc-
, aluminum-, nickel- or iron-based alloys, whether or not corrugated or 
painted, varnished or coated with plastics or other nonmetallic 
substances in addition to the metallic coating, in coils (whether or 
not in successively superimposed layers) and of a width of 0.5 inch or 
greater, or in straight lengths which, if of a thickness less than 4.75 
millimeters, are of a width of 0.5 inch or greater and which measures 
at least 10 times the thickness or if of a thickness of 4.75 
millimeters or more are of a width which exceeds 150 millimeters and 
measures at least twice the thickness, as currently classifiable in the 
Harmonized Tariff Schedule (HTS) under item numbers 7210.31.0000, 
7210.39.0000, 7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.60.0000, 
7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 
7210.90.9000, 7212.21.0000, 7212.29.0000, 7212.30.1030, 7212.30.1090, 
7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 
7212.60.0000, 7215.90.1000, 7215.90.5000, 7217.12.1000, 7217.13.1000, 
7217.19.1000, 7217.19.5000, 7217.22.5000, 7217.23.5000, 7217.29.1000, 
7217.29.5000, 7217.32.5000, 7217.33.5000, 7217.39.1000, and 
7217.39.5000. Included in this scope are flat-rolled products of non-
rectangular 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. Excluded from this scope are flat-rolled steel 
products either plated or coated with tin, lead, chromium, chromium 
oxides, both tin and lead (terne plate), or both chromium and chromium 
oxides (tin-free steel), whether or not painted, varnished or coated 
with plastics or other nonmetallic substances in addition to the 
metallic coating. Also excluded from this scope are clad products in 
straight lengths of 0.1875 inch or more in composite thickness and of a 
width which exceeds 150 millimeters and measures at least twice the 
thickness. Also excluded from this scope are certain clad stainless 
flat-rolled products, which are three-layered corrosion-resistant 
carbon steel flat-rolled products less than 4.75 millimeters in 
composite thickness that consist of a carbon steel flat-rolled product 
clad on both sides with stainless steel in a ``20 percent-60 percent-20 
percent'' ratio. On September 22, 1999, the Department issued the final 
results of a changed circumstances review and revoked the order with 
respect to certain corrosion-resistant steel. See Notice of Final 
Results of Changed Circumstances Antidumping Duty and Countervailing 
Duty Reviews and Revocation of Orders in Part: Certain Corrosion-
Resistant Carbon Steel Flat Products From Germany, 64 FR 51292 
(September 22, 1999). The Department noted that the affirmative 
statement of no interest by petitioners, combined with the lack of 
comments from interested parties, is sufficient to warrant partial 
revocation. This partial revocation applies to certain corrosion-
resistant deep-drawing carbon steel strip, roll-clad on both sides with 
aluminum (AlSi) foils in accordance with St3 LG as to EN 10139/10140. 
The merchandise's chemical composition encompasses a core material of U 
St 23 (continuous casting) in which carbon is less than 0.08 percent; 
manganese is less than 0.30 percent; phosphorous is less than 0.20 
percent; sulfur is less than 0.015 percent; aluminum is less than 0.01 
percent; and the cladding material is a minimum of 99 percent aluminum 
with silicon/copper/iron of less than 1 percent. The products are in 
strips with thicknesses of 0.07mm to 4.0mm (inclusive) and widths of 
5mm to 800mm (inclusive). The thickness ratio of aluminum on either 
side of steel may range from 3 percent/94 percent/3 percent to 10 
percent/80 percent/10 percent.
    (2) Certain cut-to-length carbon steel plate products: The scope of 
countervailing duty order on certain cut-to-length carbon steel plate 
products (cut-to-length steel) includes hot-rolled carbon steel 
universal mill plates (i.e., flat-rolled products rolled on four faces 
or in a closed box pass, of a width exceeding 150 millimeters but not 
exceeding 1,250 millimeters and of a thickness of not less than 4 
millimeters, 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 hot-rolled carbon steel flat-rolled products in 
straight lengths, 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 millimeters 
or more in thickness and of a width which exceeds 150 millimeters and 
measures at least twice the thickness, as currently classifiable in the 
Harmonized Tariff Schedule (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, 
and 7212.50.0000. Included are flat-rolled products of non-rectangular 
cross-section where such cross-section is achieved subsequent to the 
rolling process (i.e., products which

[[Page 67659]]

have been worked after rolling) for example, products which have been 
beveled or rounded at the edges. Excluded is grade X-70 plate. On 
August 25, 1999, the Department issued the final results of a changed-
circumstances review revoking the order in part, with respect to 
certain carbon cut-to-length steel plate with a maximum thickness of 80 
mm in steel grades BS 7191, 355 EM and 355 EMZ, as amended by Sable 
Offshore Energy Project Specification XB MOO Y 15 0001, types 1 and 2. 
See Certain Cut-to-Length Carbon Steel Plate from Finland, Germany, and 
United Kingdom: Final Results of Changed Circumstances Antidumping Duty 
and Countervailing Duty Reviews, and Revocation of Orders in Part, 64 
FR 46343 (August 25, 1999).
    The HTS item numbers are provided for convenience and custom 
purposes. The written description remains dispositive.

Initiation of Changed Circumstances Reviews

    Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended 
(the Act) the Department may revoke a countervailing duty order based 
on a review under section 751(b) of the Act (i.e., a changed 
circumstances review). Section 751(b)(1) of the Act requires a changed 
circumstances review to be conducted upon receipt of a request 
containing information concerning changed circumstances sufficient to 
warrant a review. Section 351.222(g) of the Department's regulations 
provides that the Department will conduct a changed circumstances 
review under 19 CFR 351.216, and may revoke an order in whole or in 
part, if it determines that the producers accounting for substantially 
all of the production of the domestic like product have expressed a 
lack of interest in the order, in whole or in part. See section 782(h) 
of the Act and section 351.222g(1) of the Department's regulations. In 
the event that the Department concludes that expedited action is 
warranted, sections 351.221(c)(3)(ii) and 351.222(f)(2)(iv) of the 
regulations permit the Department to combine the notices of initiation 
and preliminary results.
    The domestic producers state that they are producers of certain 
corrosion-resistant carbon steel flat products and cut-to-length carbon 
steel plate products but do not identify the percentages of production 
of the domestic like products they represent. At present, the 
Department has no information on the record that the other known 
domestic producers have no interest in maintaining the countervailing 
duty orders with respect to the subject merchandise imported from 
Germany. In particular, the Department does not have information on the 
record of these changed circumstances reviews indicating that the 
domestic producers requesting this review account for substantially 
all, or at least 85 percent, of the production of the domestic like 
products. See Certain Tin Mill Products from Japan: Final Results of 
Changed Circumstances Review, 66 FR 52109 (October 12, 2001); see, 
also, 19 CFR 351.208(c). Accordingly, we are not combining this 
initiation with a preliminary determination, pursuant to 19 CFR 
351.221(c)(3)(ii). This notice of initiation will accord all interested 
party an opportunity to address this proposed revocation.
    In accordance with sections 751(b) of the Act and 19 CFR 351.216, 
351.221, and 351.222, based on an affirmative statement of no interest 
by the domestic parties in continuing the countervailing duty orders 
with respect to certain corrosion-resistant carbon steel flat products 
and cut-to-length carbon steel plate products from Germany, as 
described above, we are initiating these changed circumstances 
administrative reviews.
    If, as a result of these reviews, we revoke the orders, we intend 
to instruct U.S. Customs and Border Protection (CBP) to end the 
suspension of liquidation of the subject merchandise on the effective 
date of the final notice of revocation, and to refund any estimated 
countervailing duties collected, for all unliquidated entries of such 
merchandise made on or after April 1, 2004. We will also instruct CBP 
to pay interest on such refunds in accordance with section 778 of the 
Act. The current requirement for a cash deposit of estimated 
countervailing duties on the subject merchandise will continue until 
publication of the final results of these changed circumstances 
reviews.

Public Comment

    Interested parties are invited to comment on the initiation of 
these changed circumstances reviews. 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. All 
written comments may be submitted by interested parties not later than 
14 days after the date of publication of this notice in accordance with 
19 CFR 351.303, with the exception that only three (3) copies need to 
be served on the Department, and shall be served on all interested 
parties on the Department's service list in accordance with 19 CFR 
351.303.
    The Department will publish in the Federal Register a notice of 
preliminary results of changed circumstances reviews, in accordance 
with 19 CFR 351.221(c)(3), which will set forth the factual and legal 
conclusions upon which our preliminary results are based, and a 
description of any action proposed based on those results.
    This notice is in accordance with section 751(b)(1) of the Act (19 
U.S.C. 1675(b)), and 19 CFR 351.216, 351.221, and 351.222.

    Dated: November 26, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-30125 Filed 12-2-03; 8:45 am]
BILLING CODE 3510-DS-P