[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Notices]
[Pages 18361-18362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1652]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-804, C-122-805]


Final Results of Sunset Reviews and Revocation of Antidumping and 
Countervailing Duty Orders on New Steel Rail From Canada

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 3, 2005, the Department of Commerce (``Commerce'') 
initiated sunset reviews of the antidumping and countervailing duty 
orders on new steel rail from Canada. See Initiation of Five-Year 
(``Sunset'') Reviews, 70 FR 75 (January 3, 2005). Because no interested 
domestic party responded to the sunset review notice of initiation by 
the applicable deadline, the Department is revoking the antidumping and 
countervailing duty order on new steel rail from Canada.

DATES: Effective Date: February 9, 2005.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

Scope of the Orders

    The merchandise subject to these orders is new steel rail, whether 
of carbon, high carbon, alloy or other quality steel from Canada. 
Subject merchandise includes, but is not limited to, standard rails, 
all main line sections (at least 30 kilograms per meter or 60 pounds 
per yard), heat-treated or head-hardened (premium) rails, transit 
rails, contact rails (or ``third rail'') and crane rails. Rails are 
used by the railroad industry, by rapid transit lines, by subways, in 
mines, and in industrial applications.
    Specifically excluded from the orders are light rails (less than 30 
kilograms per meter or 60 pounds per yard). Also excluded from the 
orders are relay rails, which are used rails taken up from primary 
railroad track and relaid in a railroad yard or on a secondary track. 
As a result of a changed circumstances review in 1996, the antidumping 
and countervailing duty orders on new steel rail was partially revoked 
with regard to 100ARA-A new steel rail, except light rail, from Canada. 
See New Steel Rail, Except Light Rail, From Canada; Final Results of 
Changed Circumstances Antidumping and Countervailing Duty 
Administrative Reviews, and Revocation in Part of Antidumping and 
Countervailing Duty Orders, 61 FR 11607 (March 21, 1996). Also, nominal 
60 pounds per yard steel rail is outside the scope of these orders. See 
New Steel Rail, Except Light Rail, From Canada; Notice of Termination 
of Changed Circumstances Administrative Reviews and Clarification of 
Scope Language, 63 FR 43137 (August 12, 1998).
    This merchandise is currently classifiable under the Harmonized 
Tariff Schedule (HTS) items 7302.10.1010, 7302.10.1015, 7302.10.1035, 
7302.10.1045, 7302.10.5020, 8548.90.0000. The HTS item numbers are 
provided for convenience and customs purposes. The written description 
remains dispositive.

Background

    On September 15, 1989, and September 22, 1989, the Department 
published in the Federal Register the antidumping duty order and 
countervailing duty order on new steel rail from Canada. See 
Antidumping Duty Order in New Steel Rail, Except Light Rail, from 
Canada, 54 FR 38263 (September 15, 1989), Except Light Rail, from 
Canada, 54 FR 39032 (September 22, 1989). On February 9, 2000, pursuant 
to 19 CFR 351.218(f)(4), the Department published in the Federal 
Register its notice of continuation of the antidumping and 
countervailing duty orders on new steel rail from Canada following the 
first sunset review. See Continuation of Antidumping Duty Order and 
Countervailing Duty Order: New Steel Rail from Canada, 65 FR 6358 
(February 9, 2000). On January 3, 2005, the Department initiated a 
second sunset review of these orders pursuant to section 751(c) of the 
Tariff Act of 1930, as amended, (the ``Act''), and 19 CFR part 351, in 
general. See Initiation of Five-Year (``Sunset'') Review, 70 FR 75 
(January 3, 2005). As a courtesy to interested parties, the Department 
sent letters, via certified and registered mail, to each party listed 
on the Department's most current service list for this proceeding to 
inform them of the automatic initiation of a sunset review of these 
orders. We received no response from the domestic industry by the 
deadline date. See 19 CFR 351.218(d)(1)(i). As a result, the Department 
determined that no domestic party intends to participate in the sunset 
review. On January 27, 2005, the Department notified the International 
Trade Commission (``ITC'') in writing that we intended to issue a final 
determination revoking the antidumping and countervailing duty orders. 
See 19 CFR 351.218(d)(1)(iii)(B).

Determination To Revoke

    Pursuant to section 751(c)(3)(A) of the Act and 19 CFR 
351.218(d)(1)(iii)(B)(3), if no domestic interested parties respond to 
the notice of initiation, the Department shall issue a final 
determination, within 90 days after the initiation of the review, 
revoking the order. Because no domestic interested party filed a notice 
of intent to participate or a substantive response, the Department 
finds that no domestic interested party is participating in this 
review. Therefore, we are revoking the antidumping and countervailing 
duty orders on new steel rail from Canada, effective February 9, 2005, 
the fifth anniversary of the date of the determination to continue the 
orders, consistent with 19 CFR 351.222(i)(2)(i) and section 
751(c)(6)(A)(iii) of the Act.

Effective Date of Revocation

    Pursuant to sections 751(c)(3)(A) and 751(c)(6)(A)(iii) of the Act, 
and 19 CFR 351.222(i)(2)(i), the Department will instruct U.S. Customs 
and Border Protection to terminate the suspension of liquidation of the 
merchandise subject to these orders entered, or withdrawn from 
warehouse, on or after February 9, 2005. Entries of subject merchandise 
prior to the effective date of revocation will continue to be subject 
to suspension of liquidation and antidumping and countervailing duty 
deposit requirements. The Department will complete any pending 
administrative reviews of these orders and will conduct administrative 
reviews of subject merchandise entered prior to the effective date of 
revocation in response to appropriately filed requests for review.

[[Page 18362]]

    These five-year (``sunset'') reviews and this notice are in 
accordance with sections 751(c) and 777(i)(1) of the Act.

    Dated: April 4, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1652 Filed 4-8-05; 8:45 am]
BILLING CODE 3510-DS-P