[Federal Register Volume 70, Number 209 (Monday, October 31, 2005)]
[Notices]
[Pages 62324-62327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21589]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. AA1921-197 (Second Review); 701-TA-319, 320, 325-
328, 348, and 350 (Second Review); and 731-TA-573, 574, 576, 578, 582-
587, 612, and 614-618 (Second Review)]


Certain Carbon Steel Products From Australia, Belgium, Brazil, 
Canada, Finland, France, Germany, Japan, Korea, Mexico, Poland, 
Romania, Spain, Sweden, Taiwan, and United Kingdom

AGENCY: International Trade Commission.

ACTION: Institution of five-year reviews concerning the countervailing 
duty and antidumping duty orders on certain carbon steel products from 
Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, 
Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and United 
Kingdom.

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[[Page 62325]]

SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the 
countervailing duty and antidumping duty orders on certain carbon steel 
products from Australia, Belgium, Brazil, Canada, Finland, France, 
Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, 
and United Kingdom would be likely to lead to continuation or 
recurrence of material injury. Pursuant to section 751(c)(2) of the 
Act, interested parties are requested to respond to this notice by 
submitting the information specified below to the Commission; \1\ to be 
assured of consideration, the deadline for responses is December 21, 
2005. Comments on the adequacy of responses may be filed with the 
Commission by January 17, 2006. For further information concerning the 
conduct of these reviews and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A 
through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 
CFR part 207).
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    \1\ No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117-0016/USITC No. 06-5-141, 
expiration date June 30, 2008. Public reporting burden for the 
request is estimated to average 10 hours per response. Please send 
comments regarding the accuracy of this burden estimate to the 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street, SW., Washington, DC 20436.

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EFFECTIVE DATE: November 1, 2005.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for these reviews may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Background.--On the dates listed below, countervailing duty and 
antidumping duty orders on the subject imports were issued:

----------------------------------------------------------------------------------------------------------------
             Order date                    Product/Country               Inv. No.                 FR cite
----------------------------------------------------------------------------------------------------------------
6/13/79............................  Carbon steel plate/Taiwan..  AA1921-197............  44 FR 33877
8/17/93............................  Cut-to-length carbon steel   701-TA-319............  58 FR 43749
                                      plate/Belgium.
8/17/93............................  Cut-to-length carbon steel   701-TA-320............  58 FR 43751
                                      plate/Brazil.
8/17/93............................  Cut-to-length carbon steel   701-TA-325............  58 FR 43755
                                      plate/Mexico.
8/17/93............................  Cut-to-length carbon steel   701-TA-326............  58 FR 43761
                                      plate/Spain.
8/17/93............................  Cut-to-length carbon steel   701-TA-327............  58 FR 43758
                                      plate/Sweden.
8/17/93............................  Cut-to-length carbon steel   701-TA-328............  58 FR 43748
                                      plate/United Kingdom.
8/19/93............................  Cut-to-length carbon steel   731-TA-573............  58 FR 44164
                                      plate/Belgium.
8/19/93............................  Cut-to-length carbon steel   731-TA-574............  58 FR 44164
                                      plate/Brazil.
8/19/93............................  Cut-to-length carbon steel   731-TA-576............  58 FR 44165
                                      plate/Finland.
8/19/93............................  Cut-to-length carbon steel   731-TA-578............  58 FR 44170
                                      plate/Germany.
8/19/93............................  Cut-to-length carbon steel   731-TA-582............  58 FR 44165
                                      plate/Mexico.
8/19/93............................  Cut-to-length carbon steel   731-TA-583............  58 FR 44166
                                      plate/Poland.
8/19/93............................  Cut-to-length carbon steel   731-TA-584............  58 FR 44167
                                      plate/Romania.
8/19/93............................  Cut-to-length carbon steel   731-TA-585............  58 FR 44167
                                      plate/Spain.
8/19/93............................  Cut-to-length carbon steel   731-TA-586............  58 FR 44168
                                      plate/Sweden.
8/19/93............................  Cut-to-length carbon steel   731-TA-587............  58 FR 44168
                                      plate/United Kingdom.
8/17/93............................  Corrosion-resistant carbon   701-TA-348............  58 FR 43759
                                      steel flat products/France.
8/17/93............................  Corrosion-resistant carbon   701-TA-350............  58 FR 43752
                                      steel flat products/Korea.
8/19/93............................  Corrosion-resistant carbon   731-TA-612............  58 FR 44161
                                      steel flat products/
                                      Australia.
8/19/93............................  Corrosion-resistant carbon   731-TA-614............  58 FR 44162
                                      steel flat products/Canada.
8/19/93............................  Corrosion-resistant carbon   731-TA-615............  58 FR 44169
                                      steel flat products/France.
8/19/93............................  Corrosion-resistant carbon   731-TA-616............  58 FR 44170
                                      steel flat products/
                                      Germany.
8/19/93............................  Corrosion-resistant carbon   731-TA-617............  58 FR 44163
                                      steel flat products/Japan.
8/19/93............................  Corrosion-resistant carbon   731-TA-618............  58 FR 44159
                                      steel flat products/Korea.
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    Following five-year reviews by Commerce and the Commission, 
effective December 15, 2000, Commerce issued a continuation of the 
countervailing duty and antidumping duty orders on certain carbon steel 
products from Australia, Belgium, Brazil, Canada, Finland, France, 
Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, 
and United Kingdom (65 FR 78469). The Commission is now conducting 
second reviews to determine whether revocation of the orders would be 
likely to lead to continuation or recurrence of material injury to the 
domestic industry within a reasonably foreseeable time. It will assess 
the adequacy of interested party responses to this notice of 
institution to determine whether to conduct full reviews or expedited 
reviews. The Commission's determinations in any expedited reviews will 
be based on the facts available, which may include information provided 
in response to this notice.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are Australia, Belgium, 
Brazil, Canada, Finland, France, Germany, Japan, Korea, Mexico, Poland, 
Romania, Spain, Sweden, Taiwan, and United Kingdom.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
1979 antidumping determination concerning carbon steel plate from 
Taiwan, the Commission found one Domestic Like Product consisting of 
carbon steel plate. Consistent with its

[[Page 62326]]

1993 determinations, the Commission found in its full five-year review 
determinations issued in 2000 a Domestic Like Product consisting of 
cut-to-length plate and another Domestic Like Product consisting of 
corrosion-resistant steel (excluding clad plate). Microalloy products 
were not included in either of these Domestic Like Products in the 
original and full five-year review determinations. For purposes of this 
notice, you should report information separately on the following two 
Domestic Like Products: (1) Cut-to-length plate and (2) corrosion-
resistant steel (excluding clad plate).
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original 1979 antidumping 
determination concerning carbon steel plate from Taiwan, the Commission 
found one regional Domestic Industry, consisting of producers of carbon 
steel plate located in the west coast States of California, Washington, 
and Oregon. Certain Commissioners defined the Domestic Industry 
differently. In its full five-year review determinations, the 
Commission utilized a national industry analysis with respect to 
Taiwan, as with all the countries subject to the 1993 orders. The 
Commission did not address the issue of processors in the 1993 
investigations concerning cut-to-length plate; however, in its full 
five-year review determinations concerning cut-to-length plate, the 
Commission found the Domestic Industry to consist of the domestic 
producers of the Domestic Like Product, including processors. The 
Commission defined the Domestic Industry with respect to corrosion-
resistant steel as the domestic producers of the Domestic Like Product 
of all corrosion-resistant steel (excluding clad plate). For purposes 
of this notice, you should report information separately on the 
following two Domestic Industries: (1) All domestic producers of cut-
to-length plate, including processors and (2) all domestic producers of 
corrosion-resistant steel (excluding clad plate).
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the reviews and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the reviews.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are reminded that they are required, pursuant to 19 
CFR 201.15, to seek Commission approval if the matter in which they are 
seeking to appear was pending in any manner or form during their 
Commission employment. The Commission is seeking guidance as to whether 
a second transition five-year review is the ``same particular matter'' 
as the underlying original investigation for purposes of 19 CFR 201.15 
and 18 U.S.C. 207, the post employment statute for Federal employees. 
Former employees may seek informal advice from Commission ethics 
officials with respect to this and the related issue of whether the 
employee's participation was ``personal and substantial.'' However, any 
informal consultation will not relieve former employees of the 
obligation to seek approval to appear from the Commission under its 
rule 201.15. For ethics advice, contact Carol McCue Verratti, Deputy 
Agency Ethics Official, at 202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in these reviews available to authorized 
applicants under the APO issued in the reviews, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the reviews. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with these reviews must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will be deemed to consent, 
unless otherwise specified, for the Commission, its employees, and 
contract personnel to use the information provided in any other reviews 
or investigations of the same or comparable products which the 
Commission conducts under Title VII of the Act, or in internal audits 
and investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is December 21, 2005. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct expedited or full reviews. The deadline for filing such 
comments is January 17, 2006. All written submissions must conform with 
the provisions of sections 201.8 and 207.3 of the Commission's rules 
and any submissions that contain BPI must also conform with the 
requirements of sections 201.6 and 207.7 of the Commission's rules. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile or electronic means, except to the extent 
permitted by section 201.8 of the Commission's rules, as amended, 67 FR 
68036 (November 8, 2002). Also, in accordance with sections 201.16(c) 
and 207.3 of the Commission's rules, each document filed by a party to 
the reviews must be served on all other parties to the reviews (as 
identified by either the public or APO service list as appropriate), 
and a certificate of service must accompany the document (if you are 
not a party to the reviews you do not need to serve your response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act in making its 
determinations in the reviews.

[[Page 62327]]

    Information to be Provided in Response to This Notice of 
Institution: Please provide the requested information separately for 
each Domestic Like Product, as defined by the Commission in its review 
determinations, and for each of the products identified by Commerce as 
Subject Merchandise. If you are a domestic producer, union/worker 
group, or trade/business association; import/export Subject Merchandise 
from more than one Subject Country; or produce Subject Merchandise in 
more than one Subject Country, you may file a single response. If you 
do so, please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address if available) and name, telephone number, fax number, 
and E-mail address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Products, a U.S. union or worker group, a 
U.S. importer of the Subject Merchandise, a foreign producer or 
exporter of the Subject Merchandise, a U.S. or foreign trade or 
business association, or another interested party (including an 
explanation). If you are a union/worker group or trade/business 
association, identify the firms in which your workers are employed or 
which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in these reviews by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
countervailing and antidumping duty orders on the Domestic Industries 
in general and/or your firm/entity specifically. In your response, 
please discuss the various factors specified in section 752(a) of the 
Act (19 U.S.C. 1675a(a)) including the likely volume of subject 
imports, likely price effects of subject imports, and likely impact of 
imports of Subject Merchandise on the Domestic Industries.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Products. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
each Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 1999.
    (7) If you are a U.S. producer of the Domestic Like Products, 
provide the following information on your firm's operations on that 
product during calendar year 2004 (report quantity data in short tons 
and value data in U.S. dollars, f.o.b. plant). If you are a union/
worker group or trade/business association, provide the information, on 
an aggregate basis, for the firms in which your workers are employed/
which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of each Domestic Like Product 
accounted for by your firm's(s') production;
    (b) the quantity and value of U.S. commercial shipments of each 
Domestic Like Product produced in your U.S. plant(s); and
    (c) the quantity and value of U.S. internal consumption/company 
transfers of each Domestic Like Product produced in your U.S. plant(s).
    (8) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Countries, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2004 (report quantity data in short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from each Subject Country.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Countries, provide the following information on your firm's(s') 
operations on that product during calendar year 2004 (report quantity 
data in short tons and value data in U.S. dollars, landed and duty-paid 
at the U.S. port but not including antidumping or countervailing 
duties). If you are a trade/business association, provide the 
information, on an aggregate basis, for the firms which are members of 
your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production; and
    (b) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (10) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Countries after 1999, and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to the ability to shift supply among different 
national markets (including barriers to importation in foreign markets 
or changes in market demand abroad). Demand conditions to consider 
include end uses and applications; the existence and availability of 
substitute products; and the level of competition among the Domestic 
Like Products produced in the United States, Subject Merchandise 
produced in the Subject Countries, and such merchandise from other 
countries.
    (11) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Products and Domestic Industries; if 
you disagree with either or both of these definitions, please explain 
why and provide alternative definitions.

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: October 24, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-21589 Filed 10-28-05; 8:45 am]
BILLING CODE 7020-02-P