Stainless Steel Bar From Japan: Initiation and Preliminary Results of Changed-Circumstances Antidumping Duty Administrative Review, and Intent To Revoke Order in Part

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-833]

Stainless Steel Bar From Japan: Initiation and Preliminary

Results of Changed-Circumstances Antidumping Duty Administrative

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 by Tohoku Steel Co., Ltd. (Tohoku),

the Department of Commerce (the Department) is initiating a changed-

circumstances antidumping duty

[[Page 42921]]

administrative review and issuing an intent to revoke in part the

antidumping duty order on stainless steel bar from Japan. Tohoku

requested that the Department revoke the order in part with regard to

imports of K-M35FL steel bar. Based on the fact that Al Tech Specialty

Steel Corp., Dunkirk, NY, Carpenter Technology Corp., Reading, PA,

Republic Engineered Steels, Inc., Massillon, OH, Slater Steels Corp.,

Fort Wayne, IN, Talley Metals Technology, Inc., Hartsville, SC, and the

United Steel Workers of America, AFL-CIO/CLC, collectively petitioners

in the less-than-fair-value (LTFV) investigation and also in this

review, support Tohoku's request for a changed-circumstances review and

revocation in part of the order with regard to K-M35FL steel bar, we

are initiating this review and we preliminarily determine to revoke the

order in part with regard to this merchandise.

EFFECTIVE DATE: August 6, 1999.

FOR FURTHER INFORMATION CONTACT: Minoo Hatten or Robin Gray, Office of

AD/CVD Enforcement, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-

1690 or (202) 482-4023, respectively.

SUPPLEMENTARY INFORMATION:

Background

On June 17, 1999, Tohoku requested that the Department conduct a

changed-circumstances administrative review to determine whether to

revoke the antidumping duty order in part with regard to K-M35FL steel

bar, which is currently covered by the scope of the order. Tohoku

stated that the leaded steel product in question is not produced in

commercial quantities in the United States. With its June 17, 1999

submission, Tohoku included a letter from the petitioners agreeing to

Tohoku's request to have K-M35FL steel bar excluded from the scope of

the antidumping duty order on stainless steel bar from Japan. As the

parties to this proceeding agree on the outcome of the review, Tohoku

requests that the Department issue its determination with respect to

the changed-circumstances review in an expedited fashion pursuant to 19

CFR 351.216(e).

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 (URAA). In addition, unless otherwise

indicated, all citations to the Department's regulations are to 19 CFR

part 351 (1998).

Scope of Review

The products covered by this changed-circumstances review are

imports of K-M35FL steel bar manufactured by Tohoku and exported from

Japan.

The scope of the order covers stainless steel bar (SSB). For

purposes of this review, the term SSB means articles of stainless steel

in straight lengths that have been either hot-rolled, forged, turned,

cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a

uniform solid cross section along their whole length in the shape of

circles, segments of circles, ovals, rectangles (including squares),

triangles, hexagons, octagons or other convex polygons. SSB includes

cold-finished SSBs that are turned or ground in straight lengths,

whether produced from hot-rolled bar or from straightened and cut rod

or wire, and reinforcing bars that have indentations, ribs, groves, or

other deformations produced during the rolling process.

Except as specified above, the term does not include stainless

steel semi-finished products, cut-length flat-rolled products (i.e.,

cut-length rolled products which if less than 4.75 mm in thickness have

a width measuring at least 10 times the thickness or if 4.75 mm or more

in thickness having a width which exceeds 150 mm and measures at least

twice the thickness), wire (i.e., cold-formed products in coils, of any

uniform solid cross section along their whole length, which do not

conform to the definition of flat-rolled products), and angles, shapes

and sections.

The SSB subject to this order is currently classifiable under

subheadings 7222.10.0005, 7222.10.0050, 7222.20.0005, 7222.20.0045,

7222.20.0075, and 7222.30.0000 of the Harmonized Tariff Schedule of the

United States (HTSUS). Although the HTSUS subheadings are provided for

convenience and customs purposes, our written description of the scope

of this order is dispositive.

Initiation and Preliminary Results of Changed Circumstances

Antidumping Duty Administrative Review, and Intent To Revoke Order

In Part

Pursuant to section 751(d)(1) of the Act, the Department may

partially revoke an antidumping 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 information concerning changed circumstances sufficient to

warrant a review.

The Department's regulations at 19 CFR 351.216 provide that the

Department will conduct a changed-circumstances administrative review

under 19 CFR 351.216(e) based upon an affirmative statement of no

interest from the petitioner in the proceeding (i.e., such a statement

constitutes ``changed circumstances sufficient to warrant a review'').

Section 782(h) of the Act and 19 CFR 351.222(g)(1)(i) provide further

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

domestic interested parties. In addition, in the event that the

Department concludes that expedited action is warranted, section

351.216(e) of the regulations permits the Department to combine the

notices of initiation and preliminary results.

Therefore, in accordance with sections 751(d) and 782(h) of the Act

and 19 CFR 351.216 and 351.216(e), based on petitioners' affirmative

statement of no interest in the continued application of the order to

K-M35FL steel bar, we are initiating this changed-circumstances

administrative review. Based on the fact that no other domestic

interested parties have objected to the position taken by petitioners

that they have no further interest in the application of the order to

imports of K-M35FL steel bar from Japan, we have determined that

expedited action is warranted, and we are combining these notices of

initiation and preliminary results. We have preliminarily determined

that there are changed circumstances sufficient to warrant partial

revocation of the order on stainless steel bar from Japan. Therefore,

we are hereby notifying the public of our intent to revoke in part the

antidumping duty order as it relates to imports of K-M35FL from Japan.

This partial revocation will apply to all entries of K-M35FL from Japan

entered, or withdrawn from warehouse, for consumption on or after the

date of publication of the final results.

Public Comment

Any interested party may request a hearing within 10 days of

publication of this notice. 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

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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. Persons interested in attending the hearing, if one is

requested, 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.

We are issuing and publishing this determination and notice in

accordance with sections 751(b)(1) and 777(i)(1) of the Act and

sections 351.216 and 351.222 of the Department's regulations.

Dated: July 30, 1999.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-20336 Filed 8-5-99; 8:45 am]

BILLING CODE 3510-DS-P