Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Notice of Initiation of Changed Circumstances Administrative Review of the Antidumping Duty Order, Preliminary Results of Changed Circumstances Review, and Intent To Revoke Order in Part
Federal RegisterNov 10, 1997
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-824]
Certain Corrosion-Resistant Carbon Steel Flat Products From
Japan: Notice of Initiation of Changed Circumstances Administrative
Review of the Antidumping Duty Order, Preliminary Results of Changed
Circumstances Review, and Intent To Revoke Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and preliminary results of changed
circumstances antidumping duty administrative review, and intent to
revoke order in part.
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SUMMARY: In response to a request, in accordance with section
351.216(b) of our regulations, from Sudo Corporation (Sudo), an
interested party in these proceedings, the Department of Commerce (the
Department) is initiating a changed circumstances administrative review
and issuing a notice of intent to revoke in part the antidumping duty
order on certain corrosion-resistant carbon steel flat products from
Japan. Interested parties are invited to comment on these preliminary
results.
EFFECTIVE DATE: November 10, 1997.
FOR FURTHER INFORMATION CONTACT: Gideon Katz or Maureen Flannery,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone: (202) 482-5255, (202) 482-3020,
respectively.
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 (the Act) by the
Uruguay Rounds 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, 62 FR 27295 (May 19, 1997).
SUPPLEMENTARY INFORMATION:
Background
On September 19, 1997, Sudo requested that the Department revoke in
part the antidumping duty order on certain corrosion-resistant carbon
steel flat products from Japan. Specifically, Sudo requested that the
Department revoke the order with respect to imports of this product
with widths ranging from 10 millimeters (0.394 inches) through 100
millimeters (3.94 inches) and thicknesses ranging from 0.11 millimeters
(0.004 inches) through 0.60 millimeters (0.024 inches). Sudo, a
domestic manufacturer of a small, thin, circular shield that is used as
a seal on the casings of wheels containing ball bearings, is an
importer of this product. On October 28, 1997, AK Steel Corporation
(AK), Bethlehem Steel Corporation (Bethlehem), Inland Steel Industries,
Inc. (Inland), LTV Steel Company (LTV), National Steel Corporation
(National), and U.S. Steel Group, A Unit of USX Corporation (U.S.
Steel), domestic interested parties in this case, submitted a letter
indicating they have no objection to the initiation of this changed
circumstances review and no interest in maintaining the antidumping
duty order on corrosion-resistant carbon steel flat products from Japan
with respect to the product with the dimensions indicated above. Based
on the fact that this portion of this order is no longer of interest to
domestic parties, we intend to partially revoke this order.
Initiation of Changed Circumstances Antidumping Duty Administrative
Review, and Intent To Revoke Order 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 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 (or the part of the order to be revoked) pertains have
expressed a lack of interest in the order, in whole or in part. 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.
Therefore, 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 of no interest by AK, Bethlehem, Inland, LTV, National, and
U.S. Steel in continuing the order with respect to corrosion-resistant
carbon steel flat products with widths ranging from 10 millimeters
(0.394 inches) through 100 millimeters (3.94 inches) and thicknesses
ranging from 0.11 millimeters (0.004 inches) through 0.60 millimeters
(0.024 inches), we are initiating this changed circumstances
administrative review. Furthermore, we determine that expedited action
is warranted, and we preliminarily determine that continued coverage of
corrosion-resistant carbon steel flat products within the width and
thickness range mentioned 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
corrosion-resistant carbon steel flat products of the above-mentioned
width and thickness range from Japan.
If final revocation in part occurs, we intend to instruct the U.S.
Customs Service (Customs) to liquidate without regard to antidumping
duties, and to refund any estimated antidumping duties collected for
all entries of corrosion-resistant carbon steel flat products, with the
dimensions indicated above, made on or after the date of publication in
the Federal Register of the final results of these reviews in
[[Page 60471]]
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 corrosion-resistant carbon steel flat products, with the dimensions
indicated above, 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
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 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 21 days
after the date of publication of this notice. 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. The Department will publish the final results of this changed
circumstances review, 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 19 CFR 351.216 and 351.222.
Dated: November 3, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-29631 Filed 11-7-97; 8:45 am]
BILLING CODE 3510-DS-P
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