[Federal Register Volume 71, Number 198 (Friday, October 13, 2006)]
[Notices]
[Pages 60473-60475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16945]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-428-815)


Preliminary Results of Antidumping Duty Changed Circumstances 
Reviews And Notice of Intent to Revoke Order in Part: Certain 
Corrosion-Resistant Carbon Steel Flat Products from Germany

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 5, 2006, the U.S. Department of Commerce (``the 
Department'') published a notice of initiation of antidumping duty 
changed circumstances review on certain corrosion-resistant carbon 
steel flat products from Germany, as described below. See Initiation of 
Antidumping Duty Changed Circumstances Reviews: Certain Corrosion-
Resistant Carbon Steel Flat Products from Germany, 71 FR 53653, 
(September 5, 2006) (``Initiation Notice''). In our Initiation Notice, 
the Department invited interested parties to comment on the request to 
exclude certain corrosion-resistant carbon steel flat products from 
Germany (``product in question'') as described below from the scope of 
this order. The Department received no comments.
    Absent any comments, the Department preliminarily concludes that 
producers accounting for substantially all of the production of the 
domestic like product to which this order pertains lack interest in the 
relief provided by this order with respect to the product in question. 
Therefore, the Department preliminarily concludes that it is 
appropriate to revoke this order, in part, with respect to unliquidated 
entries of the product in question not covered by the final results of 
an administrative review, based on the fact that domestic parties have 
made an affirmative statement of no interest in the continuation of the 
order with respect to that product. This revocation would not apply to 
unliquidated entries that are covered by the final results of an 
administrative review, even if those entries are subject to litigation.

EFFECTIVE DATE: October 13, 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.

[[Page 60474]]


SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty orders on corrosion-
resistant carbon steel from Germany on August 19, 1993. See Notice of 
Antidumping Duty Order: Corrosion-Resistant Carbon Steel Flat Products 
from Germany, 58 FR 44170. See also 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), and 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).
    On August 17, 2006, ThyssenKrupp Steel North America, Inc. 
(``ThyssenKrupp''), a U.S. importer of the subject merchandise, 
requested a changed circumstances review with respect to a specific 
corrosion-resistant carbon steel flat products from Germany. 
Specifically, ThyssenKrupp requested to exclude from the antidumping 
duty order on corrosion-resistant carbon steel flat products 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.\1\ In addition, Mittal Steel USA 
(``Mittal Steel''), a domestic corrosion-resistant 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.\2\ Mittal Steel also stated that it is a major domestic producer 
of the subject merchandise. See Mittal Steel letter to the Department 
dated August 18, 2006. 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 published a notice of initiation of changed circumstances 
reviews of the antidumping duty order on corrosion-resistant carbon 
steel flat products from Germany on September 5, 2006. See Initiation 
Notice. On September 27, 2006, ThyssenKrupp stated that it advocated 
that the effective date for the exclusion be August 1, 2005. In the 
Initiation Notice, the Department indicated that interested parties 
could submit comments for consideration in the Department's preliminary 
results no later than 15 days after publication of the initiation of 
this review. The Department received no comments from interested 
parties.
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    \1\ DaimlerChrylser Corporation (``DaimlerChrysler''), a 
domestic customer of corrosion-resistant, also 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.
    \2\ On September 26, 2006, Mittal Steel submitted a letter to 
the Department clarifying minor discrepancies in its August 18, 2006 
submission regarding the product specifications it is no longer 
interested in continuing to be covered by the antidumping duty order 
on corrosion-resistant carbon steel flat products from Germany.
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Scope of the Order

    The products covered by this order are corrosion-resistant carbon 
steel flat products 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. Also excluded from this order 
are 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 corrosion-
resistant 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]. Also excluded from this order are corrosion-resistant 
carbon steel flat products 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

[[Page 60475]]

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 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.
    The HTSUS item numbers are provided for convenience and Customs 
purposes. The written description remains dispositive.

Scope of Changed Circumstances Review

    The products subject to this changed circumstances review are 
corrosion-resistant carbon steel flat products, from Germany 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.

Preliminary Results of Reviews and Intent to Revoke in Part the 
Antidumping Duty Order

    Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended 
(the Act), the Department may revoke an antidumping or countervailing 
duty order, in whole or in part, 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 which shows changed circumstances sufficient to 
warrant a review. Section 782(h)(2) of the Act gives the Department the 
authority to revoke if producers accounting for substantially all of 
the production of the domestic like product have expressed a lack of 
interest in the continuation of relief.
    As stated in the Initiation Notice, ThyssenKrupp, an importer of 
the subject merchandise, and Mittal Steel, a major domestic producer of 
corrosion-resistant carbon steel flat products, attested to their lack 
of interest in continued relief from imports of the product in 
question. Since the Department received no comments during the comment 
period opposing the partial revocation of the order as to the product 
in question from this antidumping duty order, the Department 
preliminarily concludes that producers accounting for substantially all 
of the production of the domestic like product to which these orders 
pertain lack interest in the relief provided by this order with respect 
to the product in question. If these results become final, the 
Department will revoke the order, in part, for all unliquidated entries 
of the product in question not covered by the final results of an 
administrative review. The most recent period for which the Department 
has completed an administrative review, or ordered automatic 
liquidation, is August 1, 2004, through July 31, 2005. Any prior 
entries are subject either to final results of review or automatic 
liquidation. Therefore, we will instruct U.S. Customs and Border 
Protection (CBP) to liquidate, without regard to antidumping duties, 
shipments of certain wear plate products entered, or withdrawn from 
warehouse, for consumption on or after August 1, 2005. The Department 
will also instruct CBP to end suspension of liquidation for the product 
in question, and to release any cash deposits or bonds pursuant to 19 
CFR 351.222(g)(4). Moreover, the Department will instruct CBP to pay 
interest on such refunds in accordance with section 778 of the Act.
    Interested parties wishing to comment on these preliminary results 
may submit briefs to the Department no later than 15 days after the 
publication of this notice in the Federal Register. Parties will have 7 
days subsequent to this due date to submit rebuttal comments, limited 
to the issues raised in those briefs. Parties who submit briefs or 
rebuttal comments in this proceeding are requested to submit with each 
argument (1) a statement of the issue and (2) a brief summary of the 
argument (no longer than five pages, including footnotes). Any requests 
for hearing must be filed within 30 days of the publication of this 
notice in the Federal Register.
    All written comments must be submitted in accordance with 19 CFR 
351.303, with the exception that only three (3) copies for each case 
need be served on the Department. Any comments must also be served on 
all interested parties on the Department's service list, which is 
available on our website (http://ia.ita.doc.gov/apo/index.html). The 
Department will issue its final results in this changed circumstances 
review as soon as practicable following the above comment period, but 
not later than 270 days after the date on which the changed 
circumstances review was initiated, in accordance with 19 CFR 
351.216(e), and will publish the results in the Federal Register. While 
the changed circumstances review is underway, the current requirement 
for a cash deposit of estimated antidumping duties on all subject 
merchandise, including the merchandise that is the subject of this 
changed circumstances review, will continue unless and until this order 
is revoked, in part, pursuant to the final results of this changed 
circumstances review or an administrative review.
    This notice is published in accordance with sections 751(b)(1) and 
777(i)(1) of the Act and 19 CFR 351.216 and 351.222.

    Dated: October 4, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-16945 Filed 10-12-06; 8:45 am]
BILLING CODE 3510-DS-S