[Federal Register Volume 71, Number 176 (Tuesday, September 12, 2006)]
[Notices]
[Pages 53653-53655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15088]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-428-815)


Initiation of Antidumping Duty Changed Circumstances Review: 
Certain Corrosion-Resistant Carbon Steel Flat Products from Germany

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In accordance with section 751(b) of the Tariff Act of 1930, 
as amended (``the Act''), and section 351.216(b) of the U.S. Department 
of Commerce's (``the Department'') regulations, ThyssenKrupp Steel 
North America, Inc. (``ThyssenKrupp''), a U.S. importer, filed a 
request for the Department to initiate a changed circumstances review 
of the antidumping duty (``AD'') orders on certain corrosion-resistant 
carbon steel flat products (``CORE'') from Germany. The purpose of such 
review would be to partially revoke the order with respect to a certain 
product because of lack of interest by the domestic industry.\1\

[[Page 53654]]

Mittal Steel USA (``Mittal Steel''), a domestic CORE producer, 
submitted a letter to the Department expressing a lack of interest in 
continuing to have the product in question subject to the antidumping 
duty order. Mittal Steel also stated that it is a major domestic 
producer of CORE. In response to the request made by the ``interested 
party'' within the meaning of section 771(9) of the Act, ThyssenKrupp, 
and the lack of interest from Mittal Steel, the Department is 
initiating a changed circumstances review on CORE from Germany with 
respect to a specific corrosion resistant steel product as described 
below.
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    \1\ DaimlerChrylser Corporation (``DaimlerChrysler''), a 
domestic consumer of CORE, submitted letters to the Department pre-
dating ThyssenKrupp's request, indicating that it had contacted 
United States Steel Corporation, Mittal Steel, AK Steel, and Nucor 
Corporation and determined they are not interested in maintaining 
the antidumping duty order with respect to the product in question. 
See Letters to the Department from DaimlerChrysler dated June 22, 
2006, and July 18, 2006.

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EFFECTIVE DATE: September 12, 2006.

FOR FURTHER INFORMATION CONTACT: Judy Lao or Abdelali Elouaradia, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-7924 
and (202) 482-1374, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 17, 2006, ThyssenKrupp, a U.S. importer of CORE, 
requested a changed circumstance review with respect to a specific 
CORE. Specifically, ThyssenKrupp requested to exclude from the AD order 
on CORE from Germany, imports meeting the following description: 
Electrolytically zinc coated flat steel products, with a coating mass 
between 35 and 72 grams per meter squared on each side; with a 
thickness range of 0.67 mm or more but not more than 2.95 mm and width 
817 mm or more but not over 1830 mm; having the following chemical 
composition (percent by weight): carbon not over 0.08, silicon not over 
0.25, manganese not over 0.9, phosphorous not over 0.025, sulfur not 
over 0.012, chromium not over 0.1, titanium not over 0.005 and niobium 
not over 0.05; with a minimum yield strength of 310 Mpa and a minimum 
tensile strength of 390 Mpa; additionally coated on one or both sides 
with an organic coating containing not less than 30[percnt] and not 
more than 60[percnt] zinc and free of hexavalent chrome. See 
ThyssenKrupp letter to the Department dated August 17, 2006.

Scope of the Order

    The product covered by this order is corrosion-resistant carbon 
steel flat products (``corrosion-resistant steel'') from Germany. This 
scope 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 of the United States 
(HTSUS) under item numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 
7210.49.0030, 7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 
7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 
7212.20.0000, 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, 
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 
7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090. Included in 
this order 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 order 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 order 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 order 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[percnt]-60[percnt]-20[percnt] ratio.
    On September 22, 1999, the Department issued the final results of a 
changed circumstances review partially revoking the order with respect 
to certain corrosion-resistant steel from Germany.\2\ 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; manganese is less than 0.30; 
phosphorous is less than 0.20; sulfur is less than 0.015; aluminum is 
less than 0.01; and the cladding material is a minimum of 99[percnt] 
aluminum with silicon/copper/iron of less than 1[percnt]. 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[percnt]/94[percnt]/3[percnt] to 
10[percnt]/80[percnt]/10[percnt].
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    \2\ See 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, was sufficient to 
warrant partial revocation.
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    On March 22, 2006, the Department issued the final results of a 
changed circumstances review partially revoking the order with respect 
to certain corrosion-resistant steel from Germany.\3\ This partial 
revocation applies certain corrosion-resistant carbon steel flat 
products from Germany meeting the following description: certain flat-
rolled wear plate ranging from 30 inches to 50 inches in width, from 45 
inches to 110 inches in length and from 0.187 inch to 0.875 inch in 
total thickness, having a layer on one side composed principally of a 
combination of boron carbides, chromium carbides, nickel carbides, 
silicon carbides, manganese carbides, niobium carbides, iron carbides, 
tungsten carbides, vanadium carbides, titanium carbides and/or 
molybdenum carbides fused to a non-alloy flat-rolled steel substrate. 
The carbides are in the form of MxCx where ``M'' 
stands for the metal and ``x'' for the atomic ratio. An example of a 
common carbide would be (Cr7C3). The carbide 
layer is a visually

[[Page 53655]]

distinct layer ranging in thickness from 0.062 inch to 0.312 inch with 
hardness at the surface of the carbide layer in excess of 55 HRC.
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    \3\ See Final Results of Changed Circumstances Antidumping and 
Countervailing Duty Reviews and Revocation of Orders in Part: 
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada 
and Germany, 71 FR 14498 (March 22, 2006). The Department noticed 
that the affirmative statement of not interest in the continuation 
of the orders with respect to the product in question from the 
domestic interested parties, combined with the lack of comments from 
interested parties, was sufficient to warrant partial revocation.
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    The HTSUS item numbers are provided for convenience and Customs 
purposes. The written description remains dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of a request from 
an interested party for a review of an AD duty order which shows 
changed circumstances sufficient to warrant a review of the order. As 
noted above, on August 18, 2006, ThyssenKrupp requested for a ruling 
from the Department in accordance with 19 CFR 351.216(b) to exclude a 
specific corrosion resistant steel product as described above from this 
AD order. In addition, as noted above, Mittal Steel, a domestic 
interested party, has expressed a lack of interest in the order with 
respect to the product in question, and has stated that it is a major 
domestic producer of CORE. See Letter to the Department from Mittal 
Steel dated, August 18, 2006. Therefore, pursuant to section 751(b)(1) 
of the Act and 19 CFR 351.216(b), we are initiating a changed 
circumstances review. Interested parties are invited to comment on 
whether partial revocation of the order is appropriate based on lack of 
interest by domestic interested parties representing substantially all 
of the production of the domestic like product.

Public Comment

    Interested parties may submit comments, which the Department will 
take into account in the preliminary results of this review. The due 
date for filing any such comments is no later than 15 days after 
publication of this notice. Responses to those comments may be 
submitted no later than seven days following submission of the 
comments. All written comments must be submitted 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(b)(4) and 351.221(c)(3)(i), which will set forth the 
Department's preliminary factual and legal conclusions. Pursuant to 19 
CFR 351.221(b)(4)(ii), interested parties will have an opportunity to 
comment on the preliminary results. The Department will issue its final 
results of review in accordance with the time limits set forth in 19 
CFR 351.216(e).
    This notice is published in accordance with sections 751(b)(1) and 
777(i)(1) of the Act and section 351.221(b) of the Department's 
regulations.

    Dated: September 5, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-15088 Filed 9-11-06; 8:45 am]
BILLING CODE 3510-DS-S