New Steel Rail, Except Light Rail, From Canada; Final Results of Changed Circumstances Antidumping and Countervailing Duty Administrative Reviews, and Revocation in Part of Antidumping and Countervailing Duty Orders

DEPARTMENT OF COMMERCE

International Trade Administration

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

New Steel Rail, Except Light Rail, From Canada; Final Results of

Changed Circumstances Antidumping and Countervailing Duty

Administrative Reviews, and Revocation in Part of Antidumping and

Countervailing Duty Orders

AGENCY: Import Administration, International Trade Administration,

Commerce.

ACTION: Final results of changed circumstances antidumping and

countervailing duty administrative reviews, and revocation in part of

antidumping and countervailing duty orders.

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SUMMARY: On September 15, 1989, the Department of Commerce (the

Department) published an antidumping duty order on new steel rail,

except light rail, from Canada. The Department published a

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

Canada on September 22, 1989. On November 30, 1995 the Department

simultaneously initiated changed circumstances antidumping and

countervailing duty administrative reviews and the preliminary results

of these reviews with intent to revoke the orders in part. We are now

revoking these orders in part, with regard to 100 ARA-A new steel rail,

except light rail, from Canada, because this portion of these orders is

no longer of interest to domestic parties.

EFFECTIVE DATE: March 21, 1996.

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, NW,

Washington, DC 20230; telephone (202) 482-0651 and (202) 482-2209,

respectively.

SUPPLEMENTARY INFORMATION:

Background

On September 15, 1989, the Department published an antidumping duty

order on new steel rail, except light rail, from Canada (54 FR 38263).

The Department published a countervailing duty order on new steel rail,

except light rail, from Canada, 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 were not affected by this request. In addition, the

petitioners in this case informed the Department that they, as a

representative of the U.S. steel rail industry, did not oppose the

revocation of the orders with regard to 100ARA-A new steel rail from

Canada.

We preliminarily determined that petitioner's affirmative statement

of no interest constitutes good cause for conducting changed

circumstances reviews. Consequently, on November 30, 1995, the

Department published a notice of initiation and preliminary results of

changed circumstances antidumping and countervailing duty

administrative reviews to determine whether to revoke these orders in

part (60 FR 61538). We gave interested parties an opportunity to

comment on the preliminary results of these changed circumstances

reviews. We received no comments.

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

[[Page 11608]]

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.

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Act), are references to the provisions effective

January 1, 1995, the effective date of the amendments made to the Act

by the Uruguay Round Agreements Act. In addition, unless otherwise

indicated, all citations to the Department's regulations are to the

current regulations, as amended by the interim regulations published in

the Federal Register on May 11, 1995 (60 FR 25130).

Final Results of Review; Partial Revocation of Antidumping and

Countervailing Duty Orders

The affirmative statement of no interest by petitioners in this

case constitutes changed circumstances sufficient to warrant partial

revocation of these orders. Therefore, the Department is partially

revoking these orders on new steel rail, except light rail, from

Canada, with regard to 100ARA-A new steel rail, except light rail, from

Canada in accordance with sections 751 (b) and (d) and 782(h) of the

Tariff Act of 1930, as amended (the Act), and 19 CFR 353.25(d)(1) and

355.25(d)(1). Although our preliminary results stated that we would

revoke the antidumping duty order in part retroactive to August 1,

1994, the Office of Countervailing Compliance has already liquidated

entries for calendar year 1994. In addition, the anniversary month for

this antidumping case is September. Therefore, this partial revocation,

for antidumping purposes, applies to all entries of the subject

merchandise entered, or withdrawn from warehouse, for consumption on or

after September 1, 1994, and, for countervailing duties, all entries of

the subject merchandise entered, or withdrawn from warehouse, for

consumption on or after January 1, 1995.

The Department will instruct the U.S. Customs Service (Customs) to

proceed with liquidation, without regard to antidumping or

countervailing duties, of all unliquidated entries of 100ARA-A new

steel rail from Canada entered, or withdrawn from warehouse, for

consumption on or after September 1, 1994, for antidumping duties and

on or after January 1, 1995, for countervailing duties. The Department

will further instruct Customs to refund with interest any estimated

duties collected with respect to unliquidated entries of 100ARA-A new

steel rail from Canada entered, or withdrawn from warehouse, for

consumption on or after September 1, 1994, for antidumping duties and

on or after January 1, 1995, for countervailing duties, in accordance

with section 778 of the Act.

This notice also serves as a reminder to parties subject to

administrative protection orders (APOs) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR 353.34(d) and 355.34(d). Timely written

notification of the return/destruction of APO materials or conversion

to judicial protective order is hereby requested. Failure to comply

with the regulations and terms of an APO is a sanctionable violation.

This changed circumstances administrative review, partial

revocation of the antidumping and countervailing duty orders, and

notice are in accordance with sections 751 (b) and (d) and 782(h) of

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

the Department's regulations.

Dated: March 14, 1996.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 96-6864 Filed 3-20-96; 8:45 am]

BILLING CODE 3510-DS-P