Federal Register: December 31, 2001 (Volume 66, Number 250)
DOCID: FR Doc 01-32113
DEPARTMENT OF COMMERCE
International Trade Administration
DOCUMENT ID: [A-588-824]
NOTICE: NOTICES
ACTION: Antidumping:
DOCUMENT ACTION: Notice of initiation and preliminary results of changed circumstances antidumping duty review, and intent to revoke order in part.
SUBJECT CATEGORY:
Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Notice of Initiation and Preliminary Results of Changed Circumstances Review of the Antidumping Order, and Intent To Revoke Order in Part
EFFECTIVE DATES: December 31, 2001.
DOCUMENT SUMMARY:
In accordance with 19 CFR 351.216(b), Dana Glacier Daido America, LLC (``Dana'') filed a request for a changed circumstances review of the antidumping order on certain corrosionresistant carbon steel flat products from Japan with respect to the carbon steel flat products described below. Domestic producers of the like product have affirmatively expressed no interest in continuation of the order with respect to these particular carbon steel flat products. In response to Dana's request, the Department of Commerce (``the Department'') is initiating a changed circumstances review with respect to this request and issuing a notice of intent to revoke in part the antidumping duty order on certain corrosionresistant carbon steel flat products from Japan. Interested parties are invited to comment on these preliminary results.
SUMMARY:
Corrosion-resistant carbon steel flat products from—; Japan,
SUPPLEMENTAL INFORMATION
Background
On November 21, 2001, Dana requested that the Department revoke in part the antidumping duty order on certain corrosionresistant carbon steel flat products from Japan. Specifically, Dana requested that the Department revoke the order with respect to imports meeting the following specifications: carbon steel coil or strip, measuring a minimum of and including 1.10 mm to a maximum of and including 4.90 mm in overall thickness, a minimum of and including 76.00 mm to a maximum of and including 250.00 mm in overall width, with a low carbon steel back comprised of: carbon under 0.10%, manganese under 0.40%, phosphorous under 0.04%, sulfur under 0.05%, and silicon under 0.05%; clad with aluminum alloy comprised of: under 2.51% copper, under 15.10% tin, and remainder aluminum as listed on the mill specification sheet. Dana is an importer of the products in question.
Scope of Review
The products covered by the antidumping duty order include flat
rolled carbon steel products, of rectangular shape, either clad,
plated, or coated with corrosionresistant metals such as zinc,
aluminum, or zinc, aluminum, nickel or ironbased 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
[[Page 67508]]
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 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 corrosionresistant flat
rolled products of nonrectangular crosssection 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 flatrolled steel products either plated or coated with tin, lead, chromium, chromium oxides, both tin and lead (``terne plate''), or both chromium and chromium oxides (``tinfree 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 threelayered corrosionresistant carbon steel flatrolled products less than 4.75 millimeters in composite thickness that consist of a carbon steel flatrolled product clad on both sides with stainless steel in a 20%60%20% ratio.
Also excluded from this order are certain corrosionresistant carbon steel flat products meeting the following specifications: (1) Widths ranging from 10 millimeters (0.394 inches) through 100 millimeters (3.94 inches); (2) thicknesses, including coatings, ranging from 0.11 millimeters (0.004 inches) through 0.60 millimeters (0.024 inches); and (3) a coating that is from 0.003 millimeters (0.00012 inches) through 0.005 millimeters (0.000196 inches) in thickness and that is comprised of either two evenly applied layers, the first layer consisting of 99% zinc, 0.5% cobalt, and 0.5% molybdenum, followed by a layer consisting of chromate, or three evenly applied layers, the first layer consisting of 99% zinc, 0.5% cobalt, and 0.5% molybdenum followed by a layer consisting of chromate, and finally a layer consisting of silicate.
Also excluded from this order are carbon steel flat products measuring 1.84 millimeters in thickness and 43.6 millimeters or 16.1 millimeters in width consisting of carbon steel coil (SAE 1008) clad with an aluminum alloy that is balance aluminum, 20% tin, 1% copper, 0.3% silicon, 0.15% nickel, less than 1% other materials and meeting the requirements of SAE standard 783 for Bearing and Bushing Alloys.
Also excluded from this order are carbon steel flat products measuring 0.97 millimeters in thickness and 20 millimeters in width consisting of carbon steel coil (SAE 1008) with a twolayer lining, the first layer consisting of a copperlead alloy powder that is balance copper, 9% to 11% tin, 9% to 11% lead, less than 1% zinc, less than 1% other materials and meeting the requirements of SAE standard 792 for Bearing and Bushing Alloys, the second layer consisting of 45% to 55% lead, 38% to 50% PTFE, 3% to 5% molybdenum disulfide and less than 2% other materials.
Also excluded from this order are doctor blades meeting the following specifications: carbon steel coil or strip, plated with nickel phosphorous, having a thickness of 0.1524 millimeters (0.006 inches), a width between 31.75 millimeters (1.25 inches) and 50.80 millimeters (2.00 inches), a core hardness between 580 to 630 HV, a surface hardness between 900990 HV; the carbon steel coil or strip consists of the following elements identified in percentage by weight: 0.90% to 1.05% carbon; 0.15% to 0.35% silicon; 0.30% to 0.50% manganese; less than or equal to 0.03% of phosphorous; less than or equal to 0.006% of sulfur; other elements representing 0.24%; and the remainder of iron.
Also excluded from this order are products meeting the following specifications: carbon steel flat products measuring 1.64 millimeters in thickness and 19.5 millimeters in width consisting of carbon steel coil (SAE 1008) with a lining clad with an aluminum alloy that is balance aluminum; 10 to 15% tin; 1 to 3% lead; 0.7 to 1.3% copper; 1.8 to 3.5% silicon; 0.1 to 0.7% chromium, less than 1% other materials and meeting the requirements of SAE standard 783 for Bearing and Bushing Alloys.
Also, excluded from this order are products meeting the following specifications: carbon steel coil or strip, measuring 1.93 millimeters or 2.75 millimeters (0.076 inches or 0.108 inches) in thickness, 87.3 millimeters or 99 millimeters (3.437 inches or 3.900 inches) in width, with a low carbon steel back comprised of: carbon under 8%, manganese under 0.4%, phosphorous under 0.04%, and sulfur under 0.05%; clad with aluminum alloy comprised of: 0.7% copper, 12% tin, 1.7% lead, 0.3% antimony, 2.5% silicon, 1% maximum total other (including iron), and remainder aluminum.
Also excluded from this order are products meeting the following specifications: carbon steel coil or strip, clad with aluminum, measuring 1.75 millimeters (0.069 inches) in thickness, 89 millimeters or 94 millimeters (3.500 inches or 3.700 inches) in width, with a low carbon steel back comprised of: carbon under 8%, manganese under 0.4%, phosphorous under 0.04%, and sulfur under 0.05%; clad with aluminum alloy comprised of: 0.7% copper, 12% tin, 1.7% lead, 2.5% silicon, 0.3% antimony, 1% maximum total other (including iron), and remainder aluminum.
Also excluded from this order are products meeting the following specifications: carbon steel coil or strip, measuring a minimum of and including 1.10 mm to a maximum of and including 4.90 mm in overall thickness, a minimum of and including 76.00 mm to a maximum of and including 250.00 mm in overall width, with a low carbon steel back comprised of: carbon under 0.10%, manganese under 0.40%, phosphorous under 0.04%, sulfur under 0.05%, and silicon under 0.05%; clad with aluminum alloy comprised of: under 2.51% copper, under 15.10% tin, and remainder aluminum as listed on the mill specification sheet. Initiation of Changed Circumstances Antidumping Duty Administrative Review, and Intent To Revoke Order in Part
Pursuant to sections 751(d)(1) and 782(h)(2) of 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) where the Department determines
that ``producers accounting for substantially all of the production of
that domestic like product have expressed a lack of interest in [[Page 67509]]
issuance of an order.'' Section 782(h)(2) of the Act. See, e.g.,
Certain ColdRolled Carbon Steel Flat Products From the Netherlands:
Initiation and Preliminary Results of Changed Circumstances Review, 66
FR 57415, 57416 (November 15, 2001). 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 351.222(g) of the Department's regulations provides
that the Department will conduct a changed circumstances administrative
review under 19 CFR 351.216, and may revoke an order (in whole or in
part), if it determines that producers accounting for substantially all
of the production of the domestic like product to which the order
pertains have expressed a lack of interest in the relief provided by
the order, in whole or in part, or if other changed circumstances
sufficient to warrant revocation exist. In addition, in the event that
the Department concludes that expedited action is warranted, 19 CFR
351.221(c)(3)(ii) permits the Department to combine the notices of initiation and preliminary results.
In accordance with sections 751(d)(1) and 782(h)(2) of the Act, and 19 CFR 351.216 and 351.222(g), based on affirmative statements by domestic producers of the like product, Bethlehem Steel Corporation; LTV Steel Company, Inc.; National Steel Corporation; and U.S. Steel Group LLC (``Domestic Producers''), no further interest exists in continuing the order with respect to certain corrosionresistant carbon steel flat products meeting the following specifications: carbon steel coil or strip, measuring a minimum of and including 1.10mm to a maximum of and including 4.90mm in overall thickness, a minimum of and including 76.00mm to a maximum of and including 250.00mm in overall width, with a low carbon steel back comprised of: carbon under 0.10%, manganese under 0.40%, phosphorous under 0.04%, sulfur under 0.05%, and silicon under 0.05%; clad with aluminum alloy comprised of: under 2.51% copper, under 15.10% tin, and remainder aluminum as listed on the mill specification sheet. See Domestic Producers' November 29, 2001 letter to the Department. Therefore, we are initiating this changed circumstances administrative review.
Furthermore, because domestic producers have expressed a lack of interest, we determine that expedited action is warranted, and we preliminarily determine that continued application of the order with respect to certain corrosionresistant carbon steel flat products falling within the description above is no longer of interest to domestic interested parties. Because we have concluded that expedited action is warranted, we are combining these notices of initiation and preliminary results. Therefore, we are hereby notifying the public of our intent to revoke in part the antidumping duty order with respect to imports of certain corrosionresistant carbon steel flat products meeting the abovementioned specifications from Japan.
If the final revocation in part occurs, we intend to instruct the
U.S. Customs Service (``Customs'') to liquidate without regard to
antidumping duties, as applicable, and to refund any estimated
antidumping duties collected for all unliquidated entries of certain corrosionresistant carbon steel flat products meeting the
specifications indicated above, not subject to final results of
administrative review as of the date of publication in the Federal
Register of the final results of this changed circumstances review in
accordance with 19 CFR 351.222. We will also instruct Customs to pay
interest on such refunds in accordance with section 778 of the Act. The
current requirement for a cash deposit of estimated antidumping duties
on certain corrosionresistant carbon steel flat products meeting the
above specifications will continue unless and until we publish a final determination to revoke in part.
Public Comment
Interested parties are invited to comment on these preliminary results. Parties who submit argument in this proceeding are requested to submit with the argument (1) a statement of the issue, and (2) a brief summary of the argument. Parties to the proceedings may request a hearing within 14 days of publication. Any hearing, if requested, will be held no later than two days after the deadline for the submission of rebuttal briefs, or the first workday thereafter. Case briefs may be submitted by interested parties not later than 14 days after the date of publication of this notice. Rebuttal briefs and rebuttals to written comments, limited to the issues raised in those comments, may be filed not later than five days after the deadline for submission of case briefs. All written comments shall be submitted in accordance with 19 CFR 351.303 and shall be served on all interested parties on the Department's service list in accordance with 19 CFR 351.303. Persons interested in attending the hearing should contact the Department for the date and time of the hearing.
This notice is published in accordance with section 751(b)(1) of the Act and 19 CFR 351.216 and 351.222.
Dated: December 20, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 0132113 Filed 122801; 8:45 am]
BILLING CODE 3510DSP
FOR FURTHER INFORMATION CONTACT
Catherine Bertrand, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 4823207.
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Tariff Act of 1930, as amended (``the Act''), by the Uruguay Round Agreements Act. In addition, unless otherwise indicated, all citations to the Department's regulations are to the regulations as codified at 19 CFR Part 351 (2001).