New Steel Rail, Except Light Rail, From Canada: Initiation and Preliminary Results of Changed Circumstances Antidumping Duty and Countervailing Duty Administrative Reviews, and Intent To Revoke Orders in Part

DEPARTMENT OF COMMERCE

[A-122-804; C-122-805]

New Steel Rail, Except Light Rail, From Canada: Initiation and

Preliminary Results of Changed Circumstances Antidumping Duty and

Countervailing Duty Administrative Reviews, and Intent To Revoke Orders

in Part

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation and preliminary results of changed

circumstances antidumping duty and countervailing duty administrative

reviews, and intent to revoke orders in part.

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SUMMARY: In response to a request from Cleveland Track Materials, Inc.,

an interested party in these proceedings in accordance with

Secs. 353.2(k) and 355.2(i) of our regulations, and a railway trackwork

fabricator which imports 100 ARA (Association of American Railroads)--A

steel rail, the Department of Commerce (the Department) is initiating

changed circumstances antidumping duty and countervailing duty

administrative reviews and issuing an intent to revoke in part the

antidumping duty and countervailing duty orders on new steel rail,

except light rail, from Canada, the scope of which currently include

new steel rail at least 60 pounds per yard or heavier. Cleveland Track

Material, Inc. requested that the Department revoke the orders in part

as to imports of new steel rail of 100 pounds per yard (100ARA-A).

Cleveland Track Material, Inc. also requested that this partial

revocation of 100 ARA-A steel rail be retroactive to August 1, 1994.

Bethlehem Steel Corp., petitioners in this case, have submitted a

letter indicating they have no objection to the initiation of these

changed circumstances reviews and no interest in maintaining the

antidumping duty and countervailing duty orders on 100ARA-A steel rail

from Canada. Based on the fact that this portion of these orders is no

longer of interest to domestic parties, we intend to partially revoke

these orders.

EFFECTIVE DATE: November 30, 1995.

FOR FURTHER INFORMATION CONTACT: Roy F. Unger, Jr., Office of

Antidumping Compliance or Robert Copyak, Office of Countervailing

Compliance, Import Administration, International Trade Administration,

U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone (202) 482-0651 and (202) 482-2209,

respectively.

SUPPLEMENTARY INFORMATION:

Background

On August 3, 1989, the Department published the final determination

in the less-than-fair-value (LTFV) investigation (54 FR 31984), which

covered new steel rail 60 pounds per yard and heavier. The Department

published an antidumping duty order on new steel rail, except light

rail, on September 15, 1989 (54 FR 38263). The Department published a

countervailing duty order on new steel rail, except light rail, on

September 22, 1989 (54 FR 39032).

On October 20, 1995, Cleveland Track Material, Inc. requested that

the Department conduct changed circumstances administrative reviews to

determine whether to partially revoke the orders with regard to 100ARA-

A new steel rail. The orders with regard to imports of new steel rail

other than 100ARA-A are not affected by this request. In addition, the

petitioners informed the Department that they have canvassed interested

parties known to them to be actively involved in the production of

100ARA-A steel rail in the United States, and did not find any

opposition to the revocation of the orders with regard to 100ARA-A

steel rail. Furthermore, Cleveland Track Material, Inc. requested that

the partial revocation on 100ARA-A steel rail be effective retroactive

to August 1, 1994.

Scope of Review

The merchandise covered by these changed circumstances reviews are

imports of 100ARA-A new steel rail, except light rail, whether of

carbon, high carbon, alloy or other quality steel, and includes

standard rails, all main line sections, heat-treated or head-hardened

(premium) rails, transit rails, contact rail (or ``third rail'') and

crane rails. This merchandise is currently classified under subheadings

7302.10.1020, 7302.10.1040, 7302.10.5000, and 8548.00.0000 of the

Harmonized Tariff Schedule (HTS). The HTS numbers are provided for

convenience and Customs purposes. The written description of the scope

of these reviews remains dispositive.

These changed circumstances administrative reviews cover all

manufacturers/exporters of 100 ARA-A steel rail, except light rail,

from Canada.

The Applicable Statute

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 (the Act) by the

Uruguay Round Agreements Act.

Initiation and Preliminary Results of Changed Circumstances Antidumping

Duty and Countervailing Duty Administrative Reviews, and Intent to

Revoke Orders in Part

Pursuant to section 751(d)(1) and 782(h)(2) of the Act, the

Department may partially revoke an antidumping or countervailing duty

order 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 administrative review to be conducted upon

receipt of a request containing sufficient information concerning

changed circumstances.

The Department's regulations at 19 CFR 353.25(d)(2) and

355.25(d)(2) permit the Department to conduct changed circumstances

administrative reviews under section 353.22(f) and 355.22(h),

respectively, based upon an affirmative statement of no interest from

the petitioner in the proceeding. Sections 353.25(d)(1)(i) and

355.25(d)(1)(i) further provide that the Department may revoke an order

or revoke an order in part if it determines that the order under review

is no longer of interest to interested parties. In addition, in the

event that the Department concludes that expedited action is warranted,

sections 353.22(f)(4) and 355.22(h)(4) of the regulations permit the

Department to combine the

[[Page 61539]]

notices of initiation and preliminary results.

Therefore, in accordance with sections 751(d)(1) and 782(h)(2) of

the Act and 19 CFR 353.25(d), 353.22(f), 355.25(d), and 355.22(h) based

on affirmative statements of no interest in the proceedings by

Bethlehem Steel, we are initiating these changed circumstances

administrative reviews. Further, based on the representation made by

the petitioners that other U.S. producers and potential producers of

this merchandise have no interest in the orders regarding 100ARA-A

steel rail, we have determined that expedited action is warranted, and

we have preliminarily determined that the orders regarding 100ARA-A

steel rail no longer are 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 and countervailing duty orders as to imports of

100ARA-A new steel rail from Canada.

In the event that these revocations in part become final, the

effective date of the revocations will be August 1, 1994.

If final revocation in part occurs, we intend to instruct the U.S.

Customs Service (Customs) to liquidate without regard to antidumping or

countervailing duties and to refund any estimated antidumping and

countervailing duties collected for all unliquidated entries of subject

merchandise made on or after the effective date of partial revocation,

in accordance with 19 CFR 353.25(d)(5) and 355.25(d)(5). We will also

instruct Customs to refund interest for entries made on or after August

1, 1994, in accordance with section 778 of the Act. The current

requirement for a cash deposit of estimated antidumping and

countervailing duties will continue until publication of the final

results of these changed circumstances reviews.

Public Comment

Parties to the proceedings may request disclosure within 5 days of

the date of publication of this notice and any interested party may

request a hearing within 10 days of publication. Any hearing, if

requested, will be held no later than 28 days after the date of

publication of this notice, or the first workday thereafter. Case

briefs and/or written comments from interested parties may be submitted

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 21 days

after the date of publication of this notice. All written comments

shall be submitted in accordance with 19 CFR 353.31(e) and 355.31(e)

and shall be served on all interested parties on the Department's

service list in accordance with 19 CFR 353.31(g) and 355.31(g). Persons

interested in attending the hearing should contact the Department for

the date and time of the hearing. The Department will publish the final

results of these changed circumstances reviews, including the results

of its analysis of issues raised in any written comments.

This notice is in accordance with sections 751(b)(1) of the Act and

sections 353.22(f), 353.25(d), 355.22(h), and 355.25(d) of the

Department's regulations.

Dated: November 20, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-29264 Filed 11-29-95; 8:45 am]

BILLING CODE 3510-DS-P