[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Notices]
[Pages 21396-21397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1980]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-823-812)


Initiation of a Changed Circumstances Review of the Antidumping 
Duty Order on Carbon and Certain Alloy Steel Wire Rod from Ukraine

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

ACTION: Notice of initiation and request for comments.

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DATES: April 26, 2005.
SUMMARY: The Department of Commerce is initiating a changed 
circumstances review in order to determine whether Ukraine should 
continue to be treated as a non-market economy country for purposes of 
the antidumping duty law. Written comments (original and six copies) 
should be sent to Joseph A. Spetrini, Acting Assistant Secretary for 
Import Administration, U.S. Department of Commerce, Central Records 
Unit, Room 1870, 14th Street and Constitution Avenue NW, Washington, DC 
20230.

FOR FURTHER INFORMATION CONTACT: Lawrence Norton or Shauna Lee-Alaia, 
Office of Policy, Import Administration, U.S. Department of Commerce, 
14th Street and Constitution Avenue, NW, Washington DC, 20230, 202-482-
1579 or 202-482-2793, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Citing changes that have occurred in Ukraine over the past several 
years, on April 2, 2005 the Government of Ukraine's Ministry of Economy 
and European Integration requested that the Department of Commerce 
conduct a review of Ukraine's status as a non-market economy (``NME'') 
country within the context of a changed circumstances review of the 
antidumping duty order on carbon and certain alloy steel wire rod from 
Ukraine. In response to this request, the Department is initiating a 
changed circumstances review in order to determine whether Ukraine 
should continue to be treated as an NME country for purposes of the 
antidumping law, pursuant to sections 751(b) and 771(18)(C)(ii) of the 
Tariff Act of 1930, as amended (``the Act''). Specifically, the 
Department is resuming the review of Ukraine's NME status on which it 
deferred a decision in 2002. See Antidumping Duty Investigation of 
Carbon and Certain Alloy Steel Wire Rod from Ukraine; Notice to defer a 
decision regarding Ukraine's non-market economy status, 67 FR 51536 
(August 8, 2002). The Department has treated Ukraine as an NME country 
in all past antidumping duty investigations and administrative reviews. 
See, e.g., Final Determination of Sales at Less Than Fair Value: Carbon 
and Certain Alloy Steel Wire Rod from Ukraine, 67 FR 55785 (August 30, 
2002); Final Determination of Sales at Less Than Fair Value: Certain 
Hot-Rolled Carbon Steel Flat Products from Ukraine, 66 FR 50401 
(October 3, 2001); and Final Determination of Sales at Less Than Fair 
Value: Steel Concrete Reinforcing Bars from Ukraine, 66 FR 1857 (April 
11, 2001). A designation as a NME remains in effect until it is revoked 
by the Department. See section 771(18)(C)(i) of the Act.

Opportunity for Public Comment

    As part of this inquiry to determine whether to revoke Ukraine's 
NME status, the Department is interested in receiving public comment 
with respect to Ukraine in relation to the factors listed in section 
771(18)(B) of the Act, which the Department must take into account in 
making a market/non-market economy determination:
(i) The extent to which the currency of the foreign country is 
convertible into the currency of other countries;
(ii) the extent to which wage rates in the foreign country are 
determined by free bargaining between labor and management;
(iii) the extent to which joint ventures or other investments by firms 
of other foreign countries are permitted in the foreign country;
(iv) the extent of government ownership or control of the means of 
production;
(v) the extent of government control over allocation of resources and 
over price and output decisions of enterprises; and
(vi) such other factors as the administering authority considers 
appropriate.

Comments--Deadline, Format, and Number of Copies

    The deadline for submission of comments will be 45 days after the 
date of publication of this notice in the Federal Register. Rebuttal 
comments may be submitted up to 30 days after the date by which initial 
comments are due. Each person submitting comments should include his or 
her name and address, and give reasons for any recommendation. To 
facilitate their consideration by the Department, comments should be 
submitted in the following format: (1) begin each comment on a separate 
page; (2) concisely state the issue identified and discussed in the 
comment and include any supporting documentation in exhibits or 
appendices; (3) provide a brief summary of the comment (a maximum of 
three sentences) and label this section ``summary of 
comment; (4) provide an index or table of contents; and (5) 
include the case number, A-823-812, in the top right hand corner of the 
submission.
    Persons wishing to comment should file a signed original and six 
copies of each set of comments by the dates specified above. All 
comments responding to this notice will be a matter of public record 
and will be available for public inspection and copying at Import 
Administration's Central Records Unit, Room B-099, between the hours of 
8:30 a.m. and 5 p.m. on business days. The Department requires that 
comments be submitted in written form. The Department recommends 
submission of comments in electronic media, preferably in Portable 
Document Format (PDF), to accompany the required paper copies. Comments 
filed in electronic form should be submitted on CD-ROM as comments 
submitted on diskettes are likely to be damaged by postal radiation 
treatment.
    Comments received in electronic form will be made available to the 
public on the Internet at the Import Administration Web site at the 
following address: http://ia.ita.doc.gov/.

[[Page 21397]]

    Any questions concerning file formatting, document conversion, 
access on the Internet, or other electronic filing issues should be 
addressed to Andrew Lee Beller, Import Administration Webmaster, at 
(202) 482-0866, email: [email protected].

Hearing

    After reviewing all comments and rebuttal comments, the Department 
will hold a public hearing on the NME country issue if one is requested 
in the initial or rebuttal comments on this issue by an interested 
party, as defined by section 771(9) of the Act, or if the Department 
determines that one is warranted. If the Department holds a hearing, 
the Department will announce a place and time for that hearing. This 
determination is issued and published in accordance with sections 
751(b) and 771(18)(C)(ii) of the Act.

    Dated: April 20, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1980 Filed 4-26-05; 8:45 am]
BILLING CODE: 3510-DS-S