Suspension of Antidumping Duty Investigation: Hot-Rolled Flat- Rolled Carbon-Quality Steel Products From the Russian Federation

DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-809]

Suspension of Antidumping Duty Investigation: Hot-Rolled Flat-

Rolled Carbon-Quality Steel Products From the Russian Federation

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

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SUMMARY: The Department of Commerce (``the Department'') has suspended

the antidumping duty investigation involving hot-rolled flat-rolled

carbon-quality steel products (``hot-rolled steel'') from the Russian

Federation (``Russia''). The basis for this action is an agreement

between the Department and the Ministry of Trade of the Russian

Federation (``MOT'') accounting for substantially all imports of hot-

rolled steel from Russia, wherein the MOT has agreed to restrict

exports of hot-rolled steel from all Russian producers/exporters to the

United States and to ensure that such exports are sold at or above the

agreed reference price.

EFFECTIVE DATE: July 12, 1999.

FOR FURTHER INFORMATION CONTACT: Jean Kemp or Rick Johnson at (202)

482-1131 and (202) 482-3818, respectively, Antidumping and

Countervailing Duty Enforcement Group III, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

On October 15, 1998, the Department initiated an antidumping duty

investigation under section 732 of the Tariff Act of 1930 (``the

Act''), as amended, to determine whether imports of hot-rolled steel

from Russia are being or are likely to be sold in the United States at

less than fair value (63 FR 56607 (October 22, 1998)). On November 16,

1998, the United States International Trade Commission (``ITC'')

notified the Department of its affirmative preliminary finding of

threat of material injury in this case (see ITC Investigation Nos.701-

TA-384 and 731-TA-806-808). Additionally, on November 25, 1998, the ITC

published its preliminary determination that there is a reasonable

indication that an industry in the United States is threatened with

material injury by reason of imports of the subject merchandise from

Russia (63 FR 65221). On February 22, 1999, the Department

preliminarily determined that hot-rolled steel is being, or is likely

to be sold in the United States at less than fair value (``LTFV''), as

provided in section 733 of the Act (64 FR 9312 (February 25, 1999)).

The Department and the MOT initialed a proposed agreement

suspending this investigation on February 22, 1999. On February 23,

1999, we invited interested parties to provide written comments on the

agreement. We received comments from petitioners (Bethlehem Steel

Corp., Ispat Inland Inc., LTV Steel Company, Inc., National Steel

Corp., U.S. Steel Group (a Unit of USX Corp.), California Steel

Industries, Gallatin Steel Company, Geneva Steel, Gulf States Steel

Inc., Ipsco Steel Inc., Steel Dynamics, Weirton Steel Corporation, and

Independent Steelworkers Union), respondents in the investigation (JSC

Severstal, Novolipetsk, and Magnitorgorsk) and other interested parties

(Caterpillar Inc., Nucor Corporation, and Thyssen Inc., NA). We have

taken these comments into account in the final version of the

suspension agreement.

The Department and MOT signed the final suspension agreement on

July 12, 1999.

Scope of Investigation

For a complete description of the scope of the investigation, see,

Agreement Suspending the Antidumping Investigation on Hot-Rolled Flat-

Rolled Carbon Quality Steel Products from the Russian Federation,

Appendix III, signed July 12, 1999, attached hereto.

Suspension of Investigation

The Department consulted with the parties to the proceeding and has

considered the comments submitted with respect to the proposed

suspension agreement. In accordance with section 734(l) of the Act, we

have determined that the agreement will prevent the suppression or

undercutting of price levels of domestic products by imports of the

merchandise under investigation (see Price Suppression Memorandum,

dated July 12, 1999), that the agreement is in the public interest, and

that the agreement can be monitored effectively (see Public Interest

Memorandum, dated July 12, 1999). We find, therefore, that the criteria

for suspension of an investigation pursuant to section 734(l) of the

Act have been met. The terms and conditions of this agreement, signed

July 12, 1999, are set forth in Appendix 1 to this notice.

Pursuant to section 734(f)(2)(A) of the Act, the suspension of

liquidation of all entries of hot-rolled steel from Russia entered, or

withdrawn from warehouse, for consumption, as directed in our notices

of Preliminary Determination of Sales at Less than Fair Value: Hot-

Rolled Flat-Rolled Carbon Quality Steel Products from the Russian

Federation (64 FR 9312 (February 25, 1999)), Postponement of Final

Determination of Antidumping Duty Investigation of Hot-Rolled Flat-

Rolled Carbon-Quality Steel From the Russian Federation (64 FR 24329

(May 6, 1999)), and Postponement of Final Determination of Antidumping

Duty Investigation of Hot-Rolled Flat-Rolled Carbon-Quality Steel From

the Russian Federation (64 FR 31179 (June 10, 1999)) is hereby

terminated. Any cash deposits on entries of hot-rolled steel from

Russia pursuant to that suspension of liquidation shall be refunded and

any bonds shall be released.

This notice is published pursuant to section 734(f)(1)(A) of the

Act.

[[Page 38643]]

Dated: July 12, 1999.

Bernard T. Carreau,

Acting Assistant Secretary for Import Administration.

Appendix 1--Agreement Suspending the Antidumping Investigation on

Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the

Russian Federation

For the purpose of encouraging free and fair trade in certain hot-

rolled flat-rolled carbon quality steel products (``Hot-Rolled Steel'')

from the Russian Federation (``Russia''), establishing more normal

market relations, and preventing the suppression or undercutting of

price levels of the like product in the United States, the United

States Department of Commerce (``DOC'') and the Ministry of Trade of

the Russian Federation (``MOT'') of Russia enter into this suspension

agreement (``the Agreement'').

MOT will restrict exports of hot-rolled steel from all Russian

producers and exporters to the United States, as provided below. DOC,

pursuant to the U.S. antidumping law (see Appendix II), on the

Effective Date of this Agreement, will suspend its antidumping

investigation of Hot-Rolled Steel from Russia and instruct the U.S.

Customs Service (``Customs'') immediately to terminate the suspension

of liquidation and release any cash deposit or bond posted for entries

of Hot-Rolled Steel covered by this Agreement.

Accordingly, DOC and MOT agree as follows:

I. Definitions

For purposes of this Agreement, the following definitions apply:

A. ``Apparent U.S. Domestic Consumption'' means apparent U.S.

domestic consumption determined using official statistics of the U.S.

Bureau of the Census regarding imports and exports, and data from the

American Iron and Steel Institute regarding domestic shipments, based

on the methodology described in Appendix IV of this Agreement.

B. ``Date of Export'' of Hot-Rolled Steel into the United States

shall be the date on which MOT issued the Export License.

C. ``Date of Sale'' means the date on which price and quantity

become firm, e.g., the date the contract is signed or the specification

date if the price and quantity become firm on that date, as reflected

in Russian producers' records kept in the ordinary course of business.

D. ``Effective Date'' of this Agreement means July 12, 1999.

E. ``Export License'' is the document issued by MOT that serves as

both an export limit certificate and a certificate of origin.

F. ``Hot-Rolled Steel'' means the certain hot-rolled, flat-rolled,

carbon quality steel products from Russia described in Appendix III.

G. ``Indirect Exports'' means exports of Hot-Rolled Steel from

Russia to the United States through one or more third countries,

whether or not such exports are further processed, provided that the

further processing does not result in a substantial transformation or a

change in the country of origin.

H. ``Moratorium Period'' means February 22, 1999, through December

31, 1999.

I. ``Party to the Proceeding'' means any producer, exporter, or

importer of Hot-Rolled Steel, union of workers engaged in the

production of Hot-Rolled Steel, associations of such parties, or the

government of any country from which such merchandise is exported, that

actively participated in the antidumping investigation, through written

submission of factual information or written argument, as described in

more detail in Appendix II.

J. ``Export Limit Period'' means one of the following periods:

Initial Export Limit Period--The Initial Export Limit Period shall

begin on January 1, 2000, and end on December 31, 2000.

Subsequent Export Limit Periods--The Subsequent Export Limit

Periods shall consist of each subsequent one-year period, the first of

which will begin the day after the Initial Export Limit Period ends and

end one year later.

K. ``Reference Price'' means the floor price calculated by DOC for

sales of Hot-Rolled Steel for export to the United States, as described

in Section III.

L. ``United States'' means the customs territory of the United

States of America (the 50 States, the District of Columbia and Puerto

Rico) and foreign trade zones located within the territory of the

United States.

M. ``U.S. Purchaser'' means the first purchaser in the United

States that is not affiliated with the Russian producer or exporter and

all subsequent purchasers, from trading companies to consumers.

N. ``Violation'' means noncompliance with the terms of this

Agreement, whether through an act or omission, except for noncompliance

that is inconsequential, inadvertent, or does not substantially

frustrate the purposes of this Agreement.

II. Export Limits

A. No Hot-Rolled Steel covered by this Agreement, whether exported

directly or indirectly from Russia, shall be entered into the United

States unless, when cumulated with all prior entries of Hot-Rolled

Steel exported from Russia during the Export Limit Period in which that

Hot-Rolled Steel was exported, it does not exceed the export limits set

forth below.

1. The export limit for the Moratorium Period shall be zero.

2. The export limit for the Initial Export Limit Period (January 1,

2000, to December 31, 2000) shall be 325,000 metric tons of Hot-Rolled

Steel.

3. The export limit for each subsequent Export Limit Period shall

be as follows:

January 1, 2001, to December 31, 2001--500,000 MT

January 1, 2002, to December 31, 2002--675,000 MT

January 1, 2003, to December 31, 2003--725,000 MT

4. The export limit for each subsequent Export Limit Period will be

adjusted by:

(a) First, the export limit for the previous Export Limit Period

shall be increased by three per cent of that export limit;

(b) Second, the number obtained under paragraph (a) shall be

increased or decreased by the result of multiplying the export limit

for the previous Export Limit Period by the percent change (up to three

percent) in apparent U.S. domestic consumption of Hot-Rolled Steel

during the most recent 12 months for which data is available at the

time the DOC makes this calculation, compared to the previous 12 months

(as described in Appendix IV).

(c) Third, if MOT has elected to adopt a premium Reference Price

for any Export Limit Period under Paragraph III.F., the export limit

calculated pursuant to paragraphs (a) and (b) above shall be augmented

by an additional allowance of five percent. This additional allowance

shall apply only during the Export Limit Period in which the premium

Reference Price applies.

5. DOC shall determine export limits for each Subsequent Export

Limit Period no later than 60 days prior to the beginning of that

Export Limit Period.

B. When Hot-Rolled Steel is imported into the United States and is

subsequently re-exported, or re-packaged and re-exported, or further

processed (but still covered by this Agreement) and re-exported, the

amount re-exported shall be deducted from the amounts of exports that

have been counted against the export limit for the Export Limit Period

in which the re-export takes place. The deduction will be applied only

after DOC has received, and has had the opportunity to verify,

[[Page 38644]]

evidence demonstrating the original importation, any repackaging or

further processing, and subsequent exportation.

C. MOT will not issue Export Licenses authorizing the exportation

to the United States of Hot-Rolled Steel covered by this Agreement in

any half of any Export Limit Period that exceeds 60 percent of the

export limit for that Export Limit Period.

D. Notwithstanding any other provision of this Agreement, up to 15

per cent of the export limit for any Export Limit Period may be carried

over to the Subsequent Export Limit Period and up to 15 per cent of the

export limit for any Export Limit Period may be carried back to the

last 60 days of the previous Export Limit Period. Any carried over or

carried back allowance shall be counted against the export limit for

the subsequent or previous Export Limit Period, respectively.

E. If any Hot-Rolled Steel from Russia is entered into the United

States during the Moratorium Period, DOC shall notify MOT of those

entries and provide to MOT all of the information concerning those

entries that DOC is able to disclose consistent with U.S. law. MOT

shall respond within 15 days. If DOC determines that entries of Hot-

Rolled Steel from Russia have occurred during the Moratorium Period,

DOC shall provide MOT with an opportunity for prompt consultations,

which shall be completed within 60 days after DOC notifies MOT of the

excessive entries. Once the consultations have been completed, unless

DOC has concluded that entries did not occur during the Moratorium

Period, DOC shall count against the export limit for the Initial Export

Limit Period (and, if necessary, Subsequent Export Limit Period(s))

twice the volume of the entries during the Moratorium Period. Where a

Russian producer or exporter was responsible for the entries during the

Moratorium Period, MOT shall deny that producer or exporter Export

Licenses for one year following the last date of entry. Where any other

entity was involved with the entries, MOT shall, for one year after the

last date of entry, deny Export Licenses for the distribution of any

Hot-Rolled Steel involving that entity.

F. If DOC receives information indicating that Hot-Rolled Steel

from Russia may have entered into the United States in excess of the

export limits established in Section II.A or below the reference price

established in Section III.C, DOC shall notify MOT of those entries and

provide to MOT all of the information concerning those entries that DOC

is able to disclose consistent with U.S. law. MOT shall respond within

15 days. If the information continues to indicate that these entries

were in excess of the export limits or below the reference price, DOC

shall provide MOT with an opportunity for prompt consultations, which

shall be completed within 60 days after DOC's initial notification.

Once the consultations have been completed, unless DOC concludes that

the entries were not in excess of the export limits or below the

reference price, DOC shall count against the export limit for either

the current or subsequent Export Limit Period, as appropriate, 125

percent of the volume of the entries in excess of the export limits or

below the reference price. When a Russian producer or exporter was

responsible for the entries in excess of the export limits or below the

reference price, MOT shall deny that producer or exporter Export

Licenses for six months following the last date of entry. When any

other entity was involved with the entries in excess of the export

limits or below the reference price, MOT shall, for one year after the

last date of entry, deny Export Licenses for the distribution of any

Hot-Rolled Steel involving that entity. The provisions of this section

do not supercede the provisions of section IX of this Agreement if DOC

determines that the entries were in excess of the export limits or

below the reference price.

III. Reference Price

A. MOT will ensure that Hot-Rolled Steel covered by this Agreement

will not be sold at a price below the reference price in effect on the

Date of Sale.

B. DOC shall issue Reference Prices for each quarter of each

calendar year 30 days before the beginning of that quarter.

C. The Reference Prices for the first quarter of the Initial Export

Limit Period shall be as follows:

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Price per

Grade(s) metric ton

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A36, A568, A569............................................ $255

A572, A607, A715........................................... 280

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D. Until such time as DOC and MOT agree, after consultations, upon

Reference Prices for other grades of Hot-Rolled Steel, only the above

grades may be exported to the United States. Consultations regarding

Reference Prices for other grades of Hot-Rolled Steel shall be held

within 30 days of a request and shall be completed within 15 days.

E. Thirty days before the start of each quarter of each Export

Limit Period (beginning with the second quarter of 2000) the Reference

Price will be increased or decreased to reflect the change in the

weighted-average unit import values for Hot-Rolled Steel from all

countries not subject to antidumping duty orders or investigations over

the most recent three months for which data is available, as compared

to the previous three months. If the weighted-average unit import value

for such Hot-Rolled Steel during the last of those three months has

risen or fallen by more than six percent from the average of the first

two of those months, the Reference Price will be adjusted on the basis

of the last month, but that adjustment may not raise or lower the

Reference Price by more than 10 percent. The source of the unit import

values will be publicly available import statistics from the U.S.

Bureau of the Census. DOC will provide MOT with the worksheets

supporting its calculation of each quarterly Reference Price at the

time it provides the Reference Price to MOT.

F. At the time DOC calculates the Reference Price for the first

quarter of each Subsequent Export Limit Period under Paragraph III.E,

MOT may elect to adopt a premium reference price that will apply

throughout that Subsequent Export Limit Period. The premium reference

price must be a minimum of ten percent above the Reference Price DOC

calculates under Paragraph III.E. If MOT agrees to adopt a premium

Reference Price, DOC will calculate adjustments to the Reference Price

for the remaining three quarters of the Subsequent Export Limit Period

on the basis of the premium price determined for the first quarter of

the Subsequent Export Limit Period. The Reference Price for the first

quarter of any Subsequent Export Limit Period following an Export Limit

Period in which a premium Reference Price has applied, however, shall

be determined on the basis of whatever non-premium Reference Price

would have applied during the last quarter of the previous Export Limit

Period if MOT had not elected to use a premium Reference Price for that

Export Limit Period. If MOT adopts a premium Reference Price for any

Export Limit Period, the export limit for that period will be increased

as provided in Paragraph II.A.4(c).

G. Reference Prices are F.O.B. port of export. If the sale for

export is on terms other than F.O.B. port of export, MOT will ensure

that the F.O.B. port of export price is not lower than the Reference

Price.

IV. Implementation

A. The United States shall require presentation of an original

stamped

[[Page 38645]]

Export License as a condition for entry into the United States of Hot-

Rolled Steel covered by this Agreement, except where there are multiple

shipments under a single license. For multiple shipments at multiple

ports or multiple entries at one port, the original license shall be

presented with the first entry and the volume entered at that time will

be noted on the original license. Customs will provide the importer

with a certified copy for presentation to Customs with the importer's

next entry under that license. Subsequent entries at that port can be

made from copies of the original which reflect all of the deductions

made from the original license.

B. Export Licenses must contain, for each grade of Hot-Rolled Steel

covered by the license, the quantity in metric tons, dimensions (gauge,

width, and length (in the case of coils, length, if appropriate)) unit

price, and F.O.B. sales value. If necessary, additional information may

be included on the Export License or, if necessary, a separate page

attached to the Export License. DOC will deduct the quantity listed on

each Export License from the export limit for the Export Limit Period

in which the Date of Export falls. However, if the bills of lading for

all of the shipments under an Export License establish that the actual

imports into the United States under that license were less than the

total volume listed on the license, DOC will reflect the actual amount

as having been deducted from the volume listed on the export license,

but, notwithstanding the carry-over and carry-back limitations in

Paragraph II.D, will authorize MOT to issue a new Export License in the

same or Subsequent Export Licensing Period authorizing additional

exports equal in volume to the volume of the undershipment. Exports

under such additional licenses will be counted against the export limit

for the Export Limit Period containing the Date of Export of the

undershipment. The United States will prohibit the entry of any Hot-

Rolled Steel from Russia not accompanied by an original stamped Export

License, except as provided in Paragraph A.\1\

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\1\ The validity of an Export License will not be affected by a

subsequent change of an HTS number.

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C. MOT will ensure compliance with all of the provisions of this

Agreement. In order to ensure such compliance, MOT will take at least

the following measures:

1. Ensure that no steel subject to this Agreement is exported from

Russia for entry into the United States during the Moratorium Period

and that no steel subject to this Agreement is exported from Russia for

entry into the United States during any Export Limit Period that

exceeds the export limit for that Export Limit Period or that is priced

below the Reference Price in effect on the date of sale.

2. Establish an export limit licensing and enforcement program for

all direct and indirect exports of Hot-Rolled Steel to the United

States no later than 120 days after the Effective Date.

3. Require that applications for Export Licenses be accompanied by

a report containing all of the information listed in part A of Appendix

I (Exports to the United States).

4. Refuse to issue an Export License to any applicant that does not

permit full verification and reporting under this Agreement of all of

the information in the application.

5. Issue Export Licenses sequentially, endorsed against the export

limit for the relevant Export Limit Period, and reference any notice of

export limit allocation results for the relevant Export Limit Period.

Export Licenses shall remain valid for entry into the United States for

six months. DOC and MOT may agree to an extension of the validity of

the Export License in extraordinary circumstances.

6. Issue Export Licenses in the English language and, at the

discretion of MOT, also in the Russian language.

7. Issue Export Licenses no earlier than 90 days before the day on

which the Hot-Rolled Steel is accepted by a transportation company, as

indicated in the bill of lading or a comparable transportation

document, for export.

8. Collect all existing information from all Russian producers,

exporters, brokers, if applicable, traders of Hot-Rolled Steel, and

their relevant affiliated parties, as well as relevant trading

companies/resellers utilized by Russian producers, on the sale of Hot-

Rolled Steel, and report such information pursuant to Article VI of

this Agreement.

9. Permit full verification of all information related to the

administration of this Agreement on an annual basis or more frequently,

as DOC deems necessary, to ensure that MOT is in full compliance with

this Agreement and that all Russian producers and exporters are in

compliance with the requirements that MOT has placed upon them under

this Agreement. This requirement applies to both Russian State

documents and non-State documents, such as sales contracts. Such

verifications will take place in association with scheduled

consultations whenever possible.

10. Ensure compliance with all procedures established in order to

effectuate this Agreement by any official Russian institution, chamber,

or other authorized Russian entity, and any Russian producer, exporter,

broker, and trader of Hot-Rolled Steel, their relevant affiliated

parties, and any relevant trading company or reseller utilized by a

Russian producer to make sales to the United States.

11. Impose strict measures, such as prohibition from participation

in the export limits allowed by the Agreement, in the event that any

Russian entity does not comply in full with the requirements

established by MOT pursuant to this Agreement.

V. Anticircumvention

A. MOT will take all necessary measures to prevent circumvention of

this Agreement, including at least the following:

1. Require that all Russian exporters of Hot-Rolled Steel agree, as

a condition of being permitted to export any Hot-Rolled Steel,

regardless of destination, not to engage in any of the following

activities:

a. Exporting to the United States Hot-Rolled Steel subject to this

Agreement that is not accompanied by an Export License issued pursuant

to this Agreement.

b. Transshipping Hot-Rolled Steel that is subject to this Agreement

to the United States through third countries unaccompanied by an Export

License.

c. Arranging for processing of Hot-Rolled Steel subject to this

Agreement either in Russia or in any third country for exportation to

the United States not accompanied by an Export License, but only if

such processing is covered by the definition of ``indirect exports'' in

Section I (G).

d. Exchanging (``swapping'') Hot-Rolled Steel subject to this

Agreement for non-subject Hot-Rolled Steel, so as to cause the non-

subject steel to be entered into the United States in place of the

subject Hot-Rolled Steel, thereby evading the export limits under this

Agreement. ``Swaps'' include, but are not limited to:

i. Ownership swaps--involve the exchange of ownership of Hot-Rolled

Steel without physical transfer. These may include exchange of

ownership of Hot-Rolled Steel in different countries, so that the

parties obtain ownership of products located in different countries, or

exchange of ownership of Hot-Rolled Steel produced in different

countries, so that the parties obtain ownership of products of

different national origin.

ii. Flag swaps--involve the exchange of indicia of national origin

of Hot-

[[Page 38646]]

Rolled Steel, without any exchange of ownership.

iii. Displacement Swaps--involve the sale or delivery of Hot-Rolled

Steel from Russia to an intermediary country (or countries) which,

regardless of the sequence of events, results in the ultimate sale or

delivery into the United States of displaced hot-rolled steel, where

the Russian exporter knew or had reason to know that the export sale

would have that result.

2. Require that all Russian exporters of Hot-Rolled Steel agree, as

a condition of being permitted to export any Hot-Rolled Steel,

regardless of destination, require all of their customers to agree, as

part of the contract for sale:

a. Not to engage in any of the activities listed in Section V.A.1

of this Agreement. This requirement does not apply to exports to the

United States that are accompanied by a valid Export License.

b. To include that same requirement in any subsequent contracts for

the sale or transfer of such steel, and to report to MOT subsequent

arrangements entered into for the sale, transfer exchange, or loan to

the United States of Hot-Rolled Steel covered by this Agreement.

3. When MOT has received an allegation that circumvention has

occurred, including an allegation from DOC, MOT shall promptly initiate

an inquiry, normally complete the inquiry within 45 days and notify DOC

of the results of the inquiry within 15 days after the conclusion of

the inquiry.

4. If MOT determines that a Russian entity has participated in a

transaction circumventing this Agreement, MOT shall impose penalties

upon such company including, but not limited to, denial of access to

export certificates for Hot-Rolled Steel under this Agreement.

5. If MOT determines that a Russian entity has participated in the

circumvention of this Agreement, MOT shall count against the export

limit for the Export Limit Period in which the circumvention took place

an amount of Hot-Rolled Steel equivalent to the amount involved in such

circumvention and shall immediately notify DOC of the amount deducted.

If sufficient tonnage is not available in the current Export Limit

Period, then the remaining amount shall be deducted from the subsequent

Export Limit Period or Periods.

6. If MOT determines that a company from a third country has

circumvented the Agreement and DOC and MOT agree that no Russian entity

participated in or had knowledge of such activities, then the Parties

shall hold consultations for the purpose of sharing information

regarding such circumvention and reaching mutual agreement on the

appropriate measures to be taken to eliminate such circumvention. If

the Parties are unable to reach mutual agreement within 45 days, then

DOC may take appropriate measures, such as deducting the amount of Hot-

Rolled Steel involved in such circumvention from the export limit for

the then-current Export Limit Period or a subsequent Period. Before

taking such measures, DOC will notify MOT of the facts and reasons

constituting the basis for DOC's intended action and will afford MOT 15

days in which to comment.

B. DOC will direct the U.S. Customs Service to require all

importers of Hot-Rolled Steel into the United States, regardless of the

stated country of origin of those imports, to submit a written

statement, on the last day of every quarter, listing all entries of

such merchandise and certifying that the Hot-Rolled Steel imported

during that quarter was not obtained under any arrangement in

circumvention of this Agreement. Where DOC has reason to believe that

such a certification has been made falsely, DOC will refer the matter

to the U.S. Customs Service or U.S. Department of Justice for further

action.

C. DOC will investigate any allegations of circumvention which are

brought to its attention, both by asking MOT to investigate such

allegations and by itself gathering relevant information. MOT will

respond to requests from DOC for information relating to the

allegations under Section VI.A.4. In distinguishing normal

arrangements, swaps, or other exchanges in the Hot-Rolled Steel market

from arrangements, swaps, or other exchanges which would result in the

circumvention of the export limits established by this Agreement, DOC

will take the following factors into account:

1. Existence of any verbal or written arrangement leading to

circumvention of this Agreement;

2. Existence and function of any subsidiaries or affiliates of the

parties involved;

3. Existence and function of any historical and traditional

patterns of production and trade among the parties involved, and any

deviation from such patterns;

4. Existence of any payments unaccounted for by previous or

subsequent deliveries, or any payments to one party for Hot-Rolled

Steel delivered or swapped by another party;

5. Sequence and timing of the arrangements; and

6. Any other information relevant to the transaction or

circumstances.

D. In the event that DOC determines that a Russian entity has

participated in circumvention of this Agreement, DOC and MOT shall hold

consultations for the purpose of sharing evidence regarding such

circumvention and reaching mutual agreement on an appropriate

resolution of the problem. If DOC and MOT are unable to reach mutual

agreement within 60 days, DOC may take appropriate measures, such as

deducting the amount of Hot-Rolled Steel involved in such circumvention

from the export limit for the current Export Limit Period (or, if

necessary, the Subsequent Export Limit Period) or instructing the U.S.

Customs Service to deny entry to any Russian Hot-Rolled Steel sold by

the entity found to be circumventing the Agreement. Before taking such

measures, DOC will notify MOT of the basis for DOC's intended action

and will afford MOT 30 days in which to comment. DOC will enter its

determinations regarding circumvention into the record of the

Agreement. MOT may request an extension of up to 15 days for any of the

deadlines mentioned in this Section.

VI. Monitoring and Notifications

A. MOT will collect and provide to DOC such information as is

necessary and appropriate to monitor the implementation of, and

compliance with, this Agreement, including the following:

1. Thirty days following the allocation of export rights for any

Export Limit Period, MOT shall notify DOC of each allocation recipient

and the volume granted to each recipient. MOT also shall inform DOC of

any changes in the volume allocated to individual quota recipients

within 60 days of the date on which such changes become effective.

2. MOT shall collect and provide to DOC information on exports to

the United States in the format in Appendix I to this Agreement, and on

the aggregate quantity and value of exports of Hot-Rolled Steel to all

other countries. In addition to this information, MOT will also provide

a list of heat numbers for each shipment to the United States. This

information will be subject to verification. This information will be

based on semi-annual periods (January 1 through June 30 and July 1

through December 31), and will be provided no later than 90 days

following the end of each half-year period, beginning on September 30,

1999.

3. Upon request by DOC, MOT shall also collect and provide to DOC,

within 45 days of the request, transaction-specific data for sales of

Hot-Rolled Steel within the Russian home market

[[Page 38647]]

or to any third country or countries, in the format provided in

Appendix I.

4. Within 15 days of a request from DOC for information concerning

alleged circumvention or other violation of this Agreement, MOT shall

share with DOC all information received or collected by MOT regarding

its inquiries, its analysis of such information, and the results of

such inquiries.

5. MOT will inform DOC of any violations of any provisions of this

Agreement that come to its attention and of the measures taken with

respect thereto.

6. MOT and DOC recognize that the effective monitoring of this

Agreement may require that MOT provide information additional to that

identified above. Accordingly, after consulting with MOT, DOC may

establish additional reporting requirements consistent with the U.S.

antidumping law, as appropriate, during the course of this Agreement.

MOT shall also collect and provide to DOC, within 45 days of the

request, any such additional information requested by DOC.

B. MOT may request an extension of up to 30 days of any deadline in

this section.

C. DOC may disregard any information submitted after the deadlines

set forth in this Section or any information which it is unable to

verify to its satisfaction.

D. DOC shall provide MOT with the following information relating to

implementation and enforcement of this Agreement.

1. Semi-annual reports indicating the volume of U.S. imports of

Hot-Rolled Steel subject to this Agreement, together with such

additional information as is necessary and appropriate to monitor

compliance with the export limits. Such reports and information shall

be provided within 120 days after the end of the last semi-annual

period.

2. Notice of any violations of any term of this Agreement.

E. DOC will also monitor the following information relevant to this

Agreement, and provide such information that is public to MOT upon

request.

1. Publicly available data as well as U.S. Customs entry summaries

and other official import data from the U.S. Bureau of the Census, on a

monthly basis, to determine whether there have been imports that are

inconsistent with the provisions of this Agreement.

2. U.S. Bureau of the Census computerized records, which include

the quantity and value of each entry. Because these records do not

provide other specific entry information, such as the identity of the

producer/exporter which may be responsible for such sales, DOC may

request the U.S. Customs Service to provide such information. DOC may

request other additional documentation from the U.S. Customs Service.

F. DOC may also request the U.S. Customs Service to direct ports of

entry to forward an Antidumping Report of Importations for entries of

Hot-Rolled Steel during the period this Agreement is in effect.

VII. Disclosure and Comment

A. DOC shall make available to representatives of each Party to the

Proceeding, under appropriately-drawn administrative protective orders

consistent with U.S. laws and regulations, business proprietary

information submitted to DOC semi-annually or upon request pursuant to

this Agreement, and in any administrative review of this Agreement.

B. Not later than 45 days after the date of disclosure under

Section VII.A, the Parties to the Proceeding may submit written

comments to DOC, not to exceed 30 pages.

C. At the end of the Moratorium Period and each Export Limit

Period, each Party to the Proceeding may request a hearing on issues

raised during the Moratorium Period or the preceding Export Limit

Period. If such a hearing is requested, it will be conducted in

accordance with U.S. laws and regulations.

VIII. Consultations

A. If, in response to a request by MOT at any time, DOC determines

that the Reference Price calculated under Section III prevents Russian

producers from participating in the U.S. market, MOT and DOC will

promptly enter into consultations in order to review the market

situation and the appropriateness of the Reference Price level.

B. MOT and DOC shall hold consultations concerning the

implementation, operation (including the calculation of Reference

Prices) and enforcement of this Agreement each year during the

anniversary month of this Agreement.

C. Additional consultations on any aspect of this Agreement shall

be held as soon as possible, but no later than 30 days, after a request

by either MOT or DOC.

D. If DOC receives information indicating that there has been a

violation of this Agreement, DOC shall promptly request special

consultations with MOT. Such consultations shall begin no later than 21

days after the day of DOC's request, and must be completed within 40

days after commencement. After completion of the consultations, DOC

will provide MOT 20 days within which to provide comments.

E. Two years after the effective date of this Agreement, DOC and

MOT shall enter into additional consultations to review the extent to

which this Agreement is accomplishing the purposes set forth in the

preamble and make any revisions consistent with U.S. law that are

appropriate in light of their mutual conclusions.

IX. Violations

A. DOC will investigate any information relating to circumvention

or other violations of this Agreement which is brought to its

attention, both by asking MOT to investigate such allegations and by

itself gathering relevant information. Prior to making a determination

that a violation has occurred, DOC will engage in consultations with

MOT, pursuant to Section V.D or VIII.D. of this Agreement.

B. DOC will determine whether a violation has occurred within 30

days after the date for submission of comments by MOT upon the

allegation under Section VIII.D.

C. If DOC determines that this Agreement is being or has been

violated, DOC will take such action as it determines is appropriate

under U.S. law and regulations.

X. Duration

A. This Agreement will remain in force until the underlying

antidumping proceeding is terminated in accordance with U.S.

antidumping law.

B. DOC will, upon receiving a proper request made by MOT, conduct

an administrative review of this Agreement under U.S. laws and

regulations.

C. MOT or DOC may terminate this Agreement at any time upon written

notice to the other party. Termination shall be effective 60 days after

such notice is given. Upon termination of this Agreement, the

provisions of U.S. antidumping law and regulations shall apply. In

addition, DOC shall terminate this agreement if MOT withdraws from

``The Agreement Concerning Trade In Certain Steel Products From The

Russian Federation.'' Termination shall be effective 60 days after the

written notice of MOT's withdrawal.

XI. Other Provisions

A. DOC finds that this Agreement is in the public interest, that

effective monitoring of this Agreement by the United States is

practicable, and that this Agreement will prevent the

[[Page 38648]]

suppression or undercutting of price levels of United States domestic

Hot-Rolled Steel products by imports of the Hot-Rolled Steel subject to

this Agreement.

B. DOC does not consider any of the obligations concerning exports

of Hot-Rolled Steel to the United States undertaken by MOT pursuant to

this Agreement relevant to the question of whether firms in the

underlying investigation would be entitled to separate rates, should

the investigation be resumed for any reason.

C. The English and Russian language versions of this Agreement

shall be authentic, with the English version being controlling.

D. All provisions of this Agreement, including the provisions of

the Preamble, shall have equal force.

E. For all purposes hereunder, the signatory Parties shall be

represented by, and all communications and notices shall be given and

addressed to:

DOC:

U.S. Department of Commerce, Assistant Secretary for Import

Administration, International Trade Administration, Washington, D.C.

20230

MOT:

Department for State Regulation of External Economic Activities,

Ministry of Trade of the Russian Federation, 18/1 Ovchinnikovskaya

naberezhnaya, Moscow, 1 13324, Russia

Signed on this 12th of July, 1999.

For DOC:

Robert S. LaRussa,

Assistant Secretary for Import Administration.

For MOT:

Roald Piskoppel,

Deputy Minister Ministry of Trade of the Russian Federation.

Appendix I

In accordance with the established format, MOT shall collect and

provide to DOC all information necessary to ensure compliance with

this Agreement. This information will be provided to DOC on a semi-

annual basis.

MOT will collect and maintain data on exports to the United

States on a continuous basis. Sales data for the home market, and

data for exports to countries other than the United States, will be

reported upon request.

MOT will provide a narrative explanation to substantiate all

data collected in accordance with the following formats.

A. Exports to the United States

MOT will provide all Export Licenses issued to Russian entities,

which shall contain the following information with the exception

that information requested in item #9, date of entry, item #110,

importer of record, item #116, final destination, and item #117,

other, may be omitted if unknown to MOT and the licensee.

1. Export License/Temporary Document: Indicate the number(s)

relating to each sale and or entry.

2. Description of Merchandise: Include the 10 digit HTS category,

the ASTM or equivalent grade, and the width and thickness of

merchandise.

3. Quantity: Indicate in metric tons.

4. F.O.B. Sales Value: Indicate value and currency used.

5. Unit Price: Indicate unit price per metric ton and currency used

6. Date of Sale: The date all essential terms of the order (i.e,

price and quantity) become fixed.

7. Sales Order Number(s): Indicate the number(s) relating to each

sale and/or entry.

8. Date of Export: Date the Export License/Temporary Document is

Issued.

9. Date of Entry: Date the merchandise entered the United States or

the date book transfer took place.

10. Importer of Record: Name and address.

11. Trading Company: Name and address of trading company involved in

sale.

12. Customer: Name and address of the first unaffiliated party

purchasing from the Russian exporter.

13. Customer Relationship: Indicate whether the customer is

affiliated or unaffiliated to the Russian exporter.

14. Allocation to Exporter: Indicate the total amount of quota

allocated to the individual exporter during the Relevant Period.

15. Allocation Remaining: Indicate the remaining export limit

allocation available to the individual exporter during the export

limit period.

16. Final Destination: The complete name and address of the U.S.

purchaser.

17. Other: The identity of any party(ies) in the transaction chain

between the customer and the final destination/ U.S. purchaser.

B. Exports Other Than to the United States

Pursuant to Section VI, paragraph A, MOT will provide country-

specific volume and value information for exports of Hot-Rolled

Steel to third countries, upon request, regardless of whether MOT

licenses exports of Hot-Rolled Steel to such country(ies). The

following information shall be provided except that information

requested in item #16, date of entry, #17, importer of record, and

item #110, other, may be omitted if unknown to MOT and the Russian

licensee.

1. Export License/Temporary Document: Indicate the number(s)

relating to each sale and/or entry, if any.

2. Quantity: Indicate in original units of measure sold and/or

entered in metric tons.

3. Date of Sale: The date all essential terms of the order (i.e.,

price and quantity) become fixed.

4. Sales Order Number(s): Indicate the number(s) relating to each

sale and/or entry.

5. Date of Export: Date Export License/Temporary Document is issued,

if any.

6. Date of Entry: Date the merchandise entered the third country or

the date a book transfer took place.

7. Importer of Record: Name and address.

8. Customer: Name and address of the first unaffiliated party

purchasing from the Russian exporter.

9. Customer Relationship: Indicate whether the customer is

affiliated or unaffiliated.

10. Other: The identity of any party(ies) in the transaction chain

between the customer and the final destination.

C. Home Market Sales

Pursuant to Section VII, paragraph A, the MOT will provide home

market volume and value information for sales of Hot-Rolled Steel,

upon request. The following information shall be provided with the

exception of item #6, other, if unknown to MOT and the Russian

producer/exporter.

1. Quantity: Indicate in original units of measure sold and/or

entered in metric tons.

2. Date of Sale: The date all essential terms of order (i.e., price

and quantity) become fixed.

3. Sales Order Number(s): Indicate the number(s) relating to each

sale and/or entry.

4. Customer: Name and address of the first unaffiliated party

purchasing from the Russian exporter.

5. Customer Relationship: Indicate whether the customer is

affiliated or unaffiliated.

6. Other: The identity of any party(ies) in the transaction chain

between the customer and the final destination.

Appendix II

Section 734 (1) of the Tariff Act of 1930 as amended, provides, in

part, as follows:

(1) Special Rule for Non-Market Economy Countries.

(I) In General.--The administering authority may suspend an

investigation under this subtitle upon acceptance of an agreement

with a non-market economy country to restrict the volume of imports

into the United States of the merchandise under investigation only

if the administering authority determines that

(A)--such agreement satisfies the requirements of subsection

(d), and

(B)--will prevent the suppression or undercutting of price

levels of domestic products by imports of the merchandise under

investigation.

(2) Failure of Agreements--If the administering authority

determines that the agreement accepted under this subsection no

longer prevents the suppression or undercutting of domestic prices

of merchandise manufactured in the United States, the provisions of

subsection (I) shall apply.

Section 771(9) of the Tariff Act of 1930, as amended, provides

in part, as follows:

(9) Interested Party--The term ``interested party'' means--

(A) A foreign manufacturer, producer, or exporter, or the United

States importer, of subject merchandise under this title or a trade

or business association a majority of the

[[Page 38649]]

members of which are producers, exporters, or importers of such mer

chandise,

(B) The government of a country in which such merchandise is

produced or manufactured or from which such merchandise is exported,

(C) A manufacturer, producer, or wholesaler in the United States

of a domestic like product,

(D) A certified union or recognized union or group of workers

which is representative of an industry engaged in the manufacture,

production, or wholesale in the United States of a domestic like

product,

(E) A trade or business association a majority of whose members

manufacture, produce, or wholesale a domestic like product in the

United States,

(F) An association, a majority of whose members is composed of

interested parties described in subparagraph (C), (D), or (E) with

respect to a domestic like product, and

* * * * *

Appendix III

For the purposes of this Agreement, ``Hot-rolled steel'' means

certain hot-rolled flat-rolled carbon-quality steel products of a

rectangular shape, of a width of 0.5 inch or greater, neither clad,

plated, nor coated with metal and whether or not painted, varnished,

or coated with plastics or other non-metallic substances, in coils

(whether or not in successively superimposed layers) regardless of

thickness, and in straight lengths, of a thickness less than 4.75 mm

and of a width measuring at least 10 times the thickness.

Universal mill plate (i.e., flat-rolled products rolled on four

faces or in a closed box pass, of a width exceeding 150 mm but not

exceeding 1250 mm and of a thickness of not less than 4 mm, not in

coils and without patterns in relief) of a thickness not less than

4.0 mm is not included within the scope of this agreement.

Specifically included in this scope are vacuum degassed, fully

stabilized (commonly referred to as interstitial-free (``IF''))

steels, high strength low alloy (``HSLA'') steels, and the substrate

for motor lamination steels. IF steels are recognized as low carbon

steels with micro-alloying levels of elements such as titanium and/

or niobium added to stabilize carbon and nitrogen elements. HSLA

steels are recognized as steels with micro-alloying levels of

elements such as chromium, copper, niobium, titanium, vanadium, and

molybdenum. The substrate for motor lamination steels contains

micro-alloying levels of elements such as silicon and aluminum.

Steel products to be included in the scope of this agreement,

regardless of HTSUS definitions, are products in which: (1) iron

predominates, by weight, over each of the other contained elements;

(2) the carbon content is 2 percent or less, by weight; and (3) none

of the elements listed below exceeds the quantity, by weight,

respectively indicated:

1.80 percent of manganese, or

1.50 percent of silicon, or

1.00 percent of copper, or

0.50 percent of aluminum, or

1.25 percent of chromium, or

0.30 percent of cobalt, or

0.40 percent of lead, or

1.25 percent of nickel, or

0.30 percent of tungsten, or

0.012 percent of boron, or

0.10 percent of molybdenum, or

0.10 percent of niobium, or

0.41 percent of titanium, or

0.15 percent of vanadium, or

0.15 percent of zirconium.

All products that meet the physical and chemical description

provided above are within the scope of this agreement unless

otherwise excluded. The following products, by way of example, are

outside and/or specifically excluded from the scope of this

agreement:

Alloy hot-rolled steel products in which at least one

of the chemical elements exceeds those listed above (including e.g.,

ASTM specifications A543, A387, A514, A517, and A506).

SAE/AISI grades of series 2300 and higher.

Ball bearing steels, as defined in the HTSUS.

Tool steels, as defined in the HTSUS.

Silico-manganese (as defined in the HTSUS) or silicon

electrical steel with a silicon level exceeding 1.50 percent.

ASTM specifications A710 and A736.

USS Abrasion-resistant steels (USS AR 400, USS AR 500).

Hot-rolled steel coil which meets the following

chemical, physical and mechanical specifications:

--------------------------------------------------------------------------------------------------------------------------------------------------------

C Mn P S Si Cr Cu Ni

--------------------------------------------------------------------------------------------------------------------------------------------------------

0.10-0.14%................... 0.90% Max....... 0.025% Max...... 0.005% Max...... 0.30-0.50%...... 0.50-0.70%..... 0.20-0.40%..... 0.20% Max.

--------------------------------------------------------------------------------------------------------------------------------------------------------

Width = 44.80 inches maximum;

Thickness = 0.063--0.198 inches;

Yield Strength = 50,000 ksi minimum;

Tensile Strength = 70,000--88,000 psi.

Hot-rolled steel coil which meets the following chemical,

physical and mechanical specifications:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

C Mn P S Si Cr Cu Ni Mo

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

0.10-0.16%...................... 0.70-0.90%........ 0.025% Max........ 0.006% Max........ 0.30-0.50%........ 0.50-0.70%........ 0.25% Max......... 0.20% Max......... 0.21% Max

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Width = 44.80 inches maximum; Thickness = 0.350 inches maximum;

Yield Strength = 80,000 ksi minimum;

Tensile Strength = 105,000 psi Aim.

Hot-rolled steel coil which meets the following chemical,

physical and mechanical specifications:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

C Mn P S Si Cr Cu Ni V(wt.) Cb

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

0.10-0.14%.................... 1.30-1.80%...... 0.025% Max...... 0.005% Max...... 0.30-0.50%...... 0.50-0.70%...... 0.20-0.40%...... 0.20% Max....... 0.10 Max........ 0.08% Max.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Width = 44.80 inches maximum;

Thickness = 0.350 inches maximum;

Yield Strength = 80,000 ksi minimum;

Tensile Strength = 105,000 psi Aim.

Hot-rolled steel coil which meets the following chemical,

physical and mechanical specifications:

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

C Mn P S Si Cr Cu Ni Nb Ca Al

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

0.15% Max....................... 1.40% Max......... 0.025% Max........ 0.010% Max........ 0.50% Max......... 1.00% Max......... 0.50% Max......... 0.20% Max......... 0.005% Min........ Treated........... 0.01-0.07%.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 38650]]

Width = 39.37 inches;

Thickness = 0.181 inches maximum;

Yield Strength = 70,000 psi minimum for thicknesses

0.148 inches and 65,000 psi minimum for thicknesses >0.148 inches;

Tensile Strength = 80,000 psi minimum.

Hot-rolled dual phase steel, phase-hardened, primarily with a

ferritic-martensitic microstructure, contains 0.9 percent up to and

including 1.5 percent silicon by weight, further characterized by

either (i) tensile strength between 540 N/mm\2\ and 640 N/mm\2\ and

an elongation percentage 26 percent for thicknesses of 2

mm and above, or (ii) a tensile strength between 590 N/mm\2\ and 690

N/mm\2\ and an elongation percentage 25 percent for

thicknesses of 2mm and above.

Hot-rolled bearing quality steel, SAE grade 1050, in coils, with

an inclusion rating of 1.0 maximum per ASTM E 45, Method A, with

excellent surface quality and chemistry restrictions as follows:

0.012 percent maximum phosphorus, 0.015 percent maximum sulfur, and

0.20 percent maximum residuals including 0.15 percent maximum

chromium.

Grade ASTM A570-50 hot-rolled steel sheet in coils or

cut lengths, width of 74 inches (nominal, within ASTM tolerances),

thickness of 11 gauge (0.119 inches nominal), mill edge and skin

passed, with a minimum copper content of 0.20 percent.

The covered merchandise is classified in the Harmonized Tariff

Schedule of the United States (``HTSUS'') at subheadings:

7208.10.15.00, 7208.10.30.00, 7208.10.60.00, 7208.25.30.00,

7208.25.60.00, 7208.26.00.30, 7208.26.00.60, 7208.27.00.30,

7208.27.00.60, 7208.36.00.30, 7208.36.00.60, 7208.37.00.30,

7208.37.00.60, 7208.38.00.15, 7208.38.00.30, 7208.38.00.90,

7208.39.00.15, 7208.39.00.30, 7208.39.00.90, 7208.40.60.30,

7208.40.60.60, 7208.53.00.00, 7208.54.00.00, 7208.90.00.00,

7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 7211.14.00.90,

7211.19.15.00, 7211.19.20.00, 7211.19.30.00, 7211.19.45.00,

7211.19.60.00, 7211.19.75.30, 7211.19.75.60, 7211.19.75.90,

7212.40.10.00, 7212.40.50.00, 7212.50.00.00. Certain hot-rolled

flat-rolled carbon-quality steel covered include: vacuum degassed,

fully stabilized; high strength low alloy; and the substrate for

motor lamination steel may also enter under the following tariff

numbers: 7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00,

7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30,

7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00,

7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Although the HTSUS

subheadings are provided for convenience and Customs purposes, the

written description of the covered merchandise is dispositive.

Appendix IV

For purposes of this Agreement, Apparent U.S. Domestic

Consumption will be estimated as follows, using data provided by the

American Iron and Steel Institute and the U.S. Bureau of the Census

in the following manner:

Apparent Consumption =

Domestic Shipments of Hot-Rolled Steel 2

---------------------------------------------------------------------------

\2\ Hot-Rolled Steel = Carbon Plates In Coils (AISI Data) +

Carbon Hot-Rolled Sheets (AISI Data) + Carbon Hot-Rolled Strip (AISI

Data).

---------------------------------------------------------------------------

+Imports of Hot-Rolled Steel 3

---------------------------------------------------------------------------

\3\ Imports of Hot-Rolled Steel = Carbon Plates In Coils (AISI

Data) + Carbon Hot-Rolled Sheets (AISI Data) + Carbon Hot-Rolled

Strip (AISI Data) + Imports of HTS Numbers 7225303050, 7225307000,

7225407000, 7226917000, 7226918000 (Data from the U.S. Bureau of the

Census on Imports for Consumption, as reported by the International

Trade Commission's Trade DataWeb).

---------------------------------------------------------------------------

-Exports of Hot-Rolled Steel 4

\4\ Exports of Hot-Rolled Steel = Carbon Plates in Coils (AISI

Data) + Carbon Hot-Rolled Sheets (AISI Data) + Carbon Hot-Rolled

Strip (AISI Data).

The definition of shipments used here, while as close as

practically possible, is not identical to the imports as defined in

---------------------------------------------------------------------------

Paragraph I.F and Appendix III of this Agreement.

[FR Doc. 99-18372 Filed 7-16-99; 8:45 am]

BILLING CODE 3510-DS-P