# Notice of Initiation and Preliminary Results of Changed Circumstances Antidumping Duty and Countervailing Duty Reviews and Intent To Revoke Orders in Part: Certain Corrosion-Resistant Carbon Steel Flat Products From Germany

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URL: https://www.frixlaw.com/law-library/documents/fr%3A99-19752

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** August 2, 1999
- **Citation:** 64 FR 41916

## Text

DEPARTMENT OF COMMERCE

International Trade Administration
[A-428-815, C-428-817]

Notice of Initiation and Preliminary Results of Changed
Circumstances Antidumping Duty and Countervailing Duty Reviews and
Intent To Revoke Orders in Part: Certain Corrosion-Resistant Carbon
Steel Flat Products From Germany

AGENCY: Import Administration, International Trade Administration,
Department of Commerce.

ACTION: Notice of initiation and preliminary results of changed
circumstances antidumping duty and countervailing duty reviews and
intent to revoke orders in part.

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

EFFECTIVE DATE: August 2, 1999.

SUMMARY: On June 11, 1999, the U.S. Department of Commerce (the
Department) received a request on behalf of Bethlehem Steel
Corporation, Ispat Inland Steel, LTV Steel Company, Inc., National
Steel Corporation, and U.S. Steel Group, a unit of USX Corporation,
petitioners in the above mentioned cases, for changed circumstances
antidumping (AD) and countervailing duty (CVD) reviews for the purpose
of revoking in part the AD and CVD orders with respect to specific
corrosion-resistant carbon steel flat products from Germany.
Petitioners' letter confirmed a lack of interest in the continuation of
the AD and CVD orders with respect to the subject merchandise defined
in the Scope of the Review section below.
Interested parties are invited to comment on these preliminary
results.

FOR FURTHER INFORMATION CONTACT: Barbara Chaves (202-482-0414) or Linda
Ludwig (202-482-3833), Antidumping and Countervailing Duty Enforcement
Group III, Import Administration, International Trade Administration,
U.S. Department of

[[Page 41917]]

Commerce, 14th Street and Constitution Avenue, N.W., Washington D.C.
20230.

SUPPLEMENTARY INFORMATION:

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 Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
regulations at 19 CFR Part 351 (April, 1998).

Background

On August 17, 1993, the Department published the CVD order on
certain corrosion-resistant carbon steel flat products from Germany (58
FR 43756). On August 19, 1993, the Department published the AD order on
certain corrosion-resistant carbon steel flat products from Germany (58
FR 44170).
On June 11, 1999, petitioners requested partial revocation of the
AD and CVD orders pursuant to section 751(b)(1) of the Act and section
351.222(g) of the Department's regulations, with respect to specific
corrosion-resistant carbon steel flat products from Germany described
below.

Scope of the Review

The corrosion-resistant steel products covered by these AD/CVC
orders include flat-rolled carbon steel products, of rectangular shape,
either clad, plated, or coated with corrosion-resistant metals such as
zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys,
whether or not corrugated or painted, varnished or coated with plastics
or other nonmetallic substances in addition to the metallic coating, in
coils (whether or not in successively superimposed layers) and of a
width of 0.5 inch or greater, or in straight lengths which, if of a
thickness less than 4.75 millimeters, are of a width of 0.5 inch or
greater and which measures at least 10 times the thickness or if of a
thickness of 4.75 millimeters or more are of a width which exceeds 150
millimeters and measures at least twice the thickness, as currently
classifiable in the HTS under item numbers 7210.31.0000, 7210.39.0000,
7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.60.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000,
7212.21.0000, 7212.29.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000,
7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7212.60.0000,
7215.90.1000, 7215.90.5000, 7217.12.1000, 7217.13.1000, 7217.19.1000,
7217.19.5000, 7217.22.5000, 7217.23.5000, 7217.29.1000, 7217.29.5000,
7217.32.5000, 7217.33.5000, 7217.39.1000, and 7217.39.5000. Although
the HTSUS subheadings are provided for convenience and Customs
purposes, the written description of the merchandise under review is
dispositive.
Included in these orders are flat-rolled products of nonrectangular
cross-section where such cross-section is achieved subsequent to the
rolling process (i.e., products which have been ``worked after
rolling'')--for example, products which have been bevelled or rounded
at the edges. Excluded from these orders are flat-rolled steel products
either plated or coated with tin, lead, chromium, chromium oxides, both
tin and lead (``terne plate''), or both chromium and chromium oxides
(``tin-free steel''), whether or not painted, varnished or coated with
plastics or other nonmetallic substances in addition to the metallic
coating. Also excluded are clad products in straight lengths of 0.1875
inch or more in composite thickness and of a width which exceeds 150
millimeters and measures at least twice the thickness, and certain clad
stainless flat-rolled products, which are three-layered corrosion-
resistant carbon steel flat-rolled products less than 4.75 millimeters
in composite thickness that consist of a carbon steel flat-rolled
product clad on both sides with stainless steel in a 20%-60%-20% ratio.
Merchandise covered by these changed circumstances reviews and
partial revocations are shipments of certain corrosion-resistant carbon
steel flat products that are deep-drawing carbon steel strip, roll-clad
on both sides with aluminum (AlSi) foils in accordance with St3 LG as
to EN 10139/10140. The merchandise's chemical composition encompasses a
core material of U St 23 (continuous casting) in which carbon is less
than 0.08; manganese is less than 0.30; phosphorous is less than 0.20;
sulfur is less than 0.015; aluminum is less than 0.01; and the cladding
material is a minimum of 99% aluminum with silicon/copper/iron of less
than 1%. The products are in strips with thicknesses of 0.07mm to 4.0mm
(inclusive) and widths of 5mm to 800mm (inclusive). The thickness ratio
of aluminum on either side of steel may range from 3%/94%/3% to 10%/
80%/10%.

Initiation and Preliminary Results of Changed Circumstances AD and
CVD Reviews and Intent To Revoke Orders in Part

At the request of the petitioners, in accordance with sections
751(d)(1) and 751(b)(1) of the Act and section 351.216 of the
Department's regulations, the Department is initiating changed
circumstances reviews of certain corrosion-resistant carbon steel flat
products from Germany to determine whether partial revocation of the AD
and CVD orders is warranted. Section 782(h)(2) of the Act and section
351.222(g)(1)(i) of the Department's regulations provide that the
Department 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 have no further interest in the order, in
whole or in part. In addition, in the event the Department determines
that expedited action is warranted, section 351.221(c)(3)(ii) of the
regulations permits the Department to combine the notices of initiation
and preliminary results.
In accordance with section 751(b) of the Act and sections
351.222(g)(l)(i) and 351.221(c)(3) of the Department's regulations, we
are initiating these changed circumstances reviews and have determined
that expedited action is warranted. Our decision to expedite these
reviews stems from the domestic industry's lack of interest in applying
the AD and CVD orders to the specific carbon steel plate covered by
these requests.
Based on the expression of no interest by petitioners and absent
any objection by any other domestic interested parties, we have
preliminarily determined that substantially all of the domestic
producers of the like product have no interest in continued application
of the AD and CVD orders to the corrosion-resistant steel subject to
these requests. Therefore, we are notifying the public of our intent to
revoke, in part, the AD and CVD orders as they relate to imports of
certain corrossion-resistant carbon steel flat products from Germany,
as described above.

Public Comment

Interested parties may submit case briefs and/or written comments
no later than 14 days after the date of publication of these
preliminary results. Rebuttal briefs and rebuttals to written comments,
limited to issues raised in such briefs or comments, may be filed no
later than 21 days after the date of publication. The Department will
issue the final results of these changed

[[Page 41918]]

circumstances reviews, which will include the results of its analysis
raised in any such written comments, no later than 270 days after the
date on which these reviews were initiated, or within 45 days if all
parties agree to our preliminary determinations. See section 351.216(e)
of the Department's regulations.
If final revocation occurs, we will instruct the U.S. Customs
Service to end the suspension of liquidation and to refund, with
interest, any estimated AD and CVD duties collected for all
unliquidated entries of the specific corrosion-resistant carbon steel
flat products from Germany covered by these requests that are not
subject to final results of an administrative review. The current
requirement for a cash deposit of estimated AD and CVD duties on all
subject merchandise will continue unless and until it is modified
pursuant to the final results of these changed circumstances reviews.
This initiation of review and notice are in accordance with
sections 751(b) of the Act (19 U.S.C. 1675(b)), and 19 CFR 351.216,
351.221, and 351.222 of the Department's regulations.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-19752 Filed 7-30-99; 8:45 am]
BILLING CODE 3510-DS-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-19752. Public record. Not legal advice.
