Notice of Postponement of Final Determination of Sales at Less Than Fair Value: Stainless Steel Bar From Japan and Brazil

DEPARTMENT OF COMMERCE

[A-588-833, and A-351-825]

Notice of Postponement of Final Determination of Sales at Less

Than Fair Value: Stainless Steel Bar From Japan and Brazil

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: August 26, 1994.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or Irene Darzenta, Office

of Antidumping Investigations, Import Administration, U.S. Department

of Commerce, 14th Street and Constitution Avenue, N.W., Washington,

D.C. 20230; telephone (202) 482-4929 or (202) 482-6320, respectively.

Postponement

On July 28, 1994, the Department of Commerce (the Department)

issued affirmative preliminary determinations in the antidumping duty

investigations of stainless steel bar (SSB) from Japan (59 FR 39739,

August 4, 1994) and Brazil (59 FR 39732, August 4, 1994).

On July 26, 1994, Daido Steel Co., Ltd. (Daido); Aichi Steel Works,

Ltd. (Aichi); Sanyo Special Steel Co., Ltd. (Sanyo) (the three

respondents in the Japanese investigation); Abe Bright Shaft Mfg. Co.,

Ltd.; Pacific Metals Co., Ltd.; Tohoku Steel Co., Ltd.; Yamashin Steel

Co., Ltd.; and Kansai Metal Industry Co., Ltd. (other Japanese

exporters), requested that the Department postpone the final

determination in the Japanese investigation until 135 days after the

publication date of the preliminary determination in the Federal

Register, in accordance with section 735(a)(2)(A) of the Tariff Act of

1930, as amended (the Act) (19 U.S.C. 1673d(a)(2)(A)). Daido, Aichi,

and Sanyo are Japanese exporters which accounted for a significant

portion of exports of the subject merchandise to the United States. On

July 26, 1994, Acos Villares, S.A. (the Brazilian respondent), an

exporter which accounted for a significant portion of exports of the

subject merchandise to the United States, requested that the Department

postpone the final determination in the Brazilian investigation until

135 days after the publication date of the preliminary determination in

the Federal Register. In both of these investigations the respondents

requested a postponement in order to permit the Department to align all

of the related SSB investigations on one timetable, and thereby

alleviate the administrative burden on all the parties.

On July 29 and August 1, 1994, petitioners submitted comments

opposing respondents' request for a postponement of the final

determinations. In those submissions, petitioners claimed they would be

adversely affected by a postponement because importers would have the

option of posting a bond in lieu of paying cash deposits of estimated

antidumping duties. Petitioners also asserted that there is no increase

in the level of administrative convenience for any of the parties if

the final determinations are postponed.

The Department's regulations provide that upon the receipt of a

proper request, the Department will postpone the final determination

unless there are compelling reasons to deny the request (19 CFR

353.20(b)(1) (1994)). After considering the respondents' and

petitioners' comments, we find that petitioners will not be adversely

affected by a postponement of the final determinations. The preliminary

results have already been issued and suspension of liquidation is

already in effect. In addition, several of the SSB investigations have

already been postponed. Given the complexity of these investigations as

a whole, and the resulting increased burden on the Department to review

and analyze the documents submitted in these investigations, aligning

all the SSB investigations will ease the administrative burden on the

Department. Therefore, in the context of these investigations, we have

determined that the fact that respondents will be able to post a bond

in lieu of paying an actual cash deposit for a slightly longer period

does not rise to a compelling reason for denying the respondents'

requests.

Therefore, we are postponing the final determinations on Japan and

Brazil to the full extent authorized under section 735(a)(2)(A) of the

Tariff Act. The final determinations will be issued not later than

December 19, 1994, which is the due date for the previously extended

investigations of SSB from India, Spain, and Italy.

In accordance with 19 CFR 353.38, case briefs or other written

comments must be submitted in at least ten copies to the Assistant

Secretary for Import Administration no later than November 8, 1994, and

rebuttal briefs no later than November 15, 1994. In addition, a public

version and five copies should be submitted by the appropriate date if

the submission contains business proprietary information. In accordance

with 19 CFR 353.38(b), we will hold a public hearing, if requested, to

afford interested parties an opportunity to comment on arguments raised

in case or rebuttal briefs. If requested, hearings are tentatively

scheduled on November 17, 1994, at 2:00 p.m. for the Japanese

investigation and on November 17 1994, at 3:00 p.m. for the Brazilian

investigation. Both hearings will be held at the U.S. Department of

Commerce, Room 1414, 14th Street and Constitution Avenue N.W.,

Washington D.C., 20230. Parties should confirm by telephone the time,

date, and place of the hearing 48 hours before the scheduled time.

This notice is published pursuant to section 735(d) of the Act (19

U.S.C. 1673d(d)) and 19 CFR 353.20(b)(2).

Dated: August 16, 1994.

Barbara R. Stafford,

Deputy Assistant Secretary for Investigations.

[FR Doc. 94-21121 Filed 8-25-94; 8:45 am]

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