Certain Cut-to-Length Carbon Steel Plate From Canada: 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-122-823]

Certain Cut-to-Length Carbon Steel Plate From Canada: 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 from Canberra Industries, Inc.,

(Canberra), the Department of Commerce (the Department) is initiating a

changed circumstances antidumping duty administrative review and is

issuing this notice of our intent to preliminarily revoke in part the

antidumping duty order on certain cut-to-length carbon steel plate from

Canada. Although the scope of that order excludes certain types and

sizes of cobalt-60-free cut-to-length plate, the scope currently

includes the types and sizes of cobalt-60-free plate covered by

Canberra's request. See Antidumping Duty Orders: Certain Corrosion-

Resistant Carbon Steel Flat Products and Certain Cut-to-Length Carbon

Steel Plate from Canada, 58 FR 44162 (August 19, 1993); see also,

Certain Corrosion-Resistant Carbon Steel Flat Products and Certain Cut-

to-Length Carbon Steel Plate from Canada: Preliminary Results of

Antidumping Duty Administrative Reviews and Intent to Revoke in Part,

63 FR 37320 (July 10, 1998).

Pursuant to a prior request by Canberra, Certain Cut-to-Length

Carbon Steel Plate from Canada: Final Results of Changed Circumstances

Antidumping Duty Administrative Review, and Revocation in Part of

Antidumping Duty Order, 61 FR 7471 (February 28, 1996), the Department

excluded certain types and sizes of cobalt-60-free cut-to-length carbon

steel plate. Canberra has now requested that the Department revoke the

order in part with respect to imports of other types and sizes of

certain cut-to-length carbon steel plate that is free of cobalt-60 and

other radioactive nuclides (cobalt-60-free carbon steel plate), from

Canada. In their letter to the Department of December 4, 1998,

petitioners in the underlying proceeding, Bethlehem Steel Corp., U.S.

Steel Group (a unit of USX Corp.), Inland Steel Industries Inc., AK

Steel Corp., LTV Steel Co., Inc., and National Steel Corp., expressed

no interest in the importation or sale of certain cobalt-60-free cut-

to-length carbon steel plate produced in Canada, as further described

in the ``Scope of Review'' section below. Therefore, we preliminarily

intend to revoke the order with respect to this merchandise.

EFFECTIVE DATE: January 6, 1999.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley (202-482-4106) or Rebecca

Trainor (202-482-0666), Import Administration, International Trade

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

Constitution Avenue, NW, Washington, DC 20230.

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 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 3, 1998, Canberra requested that the Department

conduct a changed circumstances administrative review to determine

whether to revoke in part the antidumping duty order with regard to

certain cobalt-60-free cut-to-length carbon steel plate. The order with

regard to imports of other cut-to-length carbon steel plate is not

affected by this request. In addition, on December 4, 1998, petitioners

informed the Department in writing that they do not object to the

changed circumstances review, and have no interest in the importation

or sale of cobalt-60-free cut-to-length carbon steel plate produced in

Canada as described in the ``Scope of Review'' below.

Scope of Review

The antidumping duty order on certain cut-to-length carbon steel

plate from Canada covers hot-rolled carbon steel universal mill plates

(i.e., flat-rolled products rolled on four faces or in a closed box

pass, of a width exceeding 150 millimeters, but not exceeding 1,250

millimeters, and of a thickness of not less than 4 millimeters, not in

coils and without patterns in relief) of rectangular shape, neither

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

or coated with plastics or other nonmetallic

[[Page 847]]

substances; and certain hot-rolled carbon steel flat-rolled products in

straight lengths, of rectangular shape, hot rolled, neither clad,

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

coated with plastics or other nonmetallic substances, 4.75 millimeters

or more in thickness, and of a width which exceeds 150 millimeters, and

measures at least twice the thickness, as currently classifiable under

the Harmonized Tariff Schedule (HTS) numbers 7208.40.3030,

7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000,

7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000,

7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000,

7212.50.0000. Included in the scope 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

beveled or rounded at the edges. HTS item numbers are provided for

convenience and for Customs purposes. The written description remains

dispositive.

Excluded from the scope are grade X-70 plates, and cobalt-60-free

cut-to-length steel plates of the following specifications: (1) 100%

dry steel plates, virgin steel, no scrap content (free of Co-60 and

other radioactive nuclides); (2) .290 inches maximum thickness, plus

0.0, minus .030 inches; (3) 48.00 inch wide, plus .05, minus 0.0

inches; (4) 10 foot lengths, plus 0.5, minus 0.0 inches; (5) flatness,

plus/minus 0.5 inch over 10 feet; (6) AISI 1006; (7) tension leveled;

(8) pickled and oiled; and, (9) carbon content, .03 to .08 (max.).

The preceding description of the steel plate products covered by

this order is included in Appendix 1 to the Final Determination of

Sales at Less Than Fair Value: Certain Cold-Rolled Carbon Steel Flat

Products from Argentina, 58 FR 37062 (July 9, 1993) as amended by

Certain Cut-to-Length Carbon Steel Plate From Canada: Initiation and

Preliminary Results of Changed Circumstances Antidumping Duty

Administrative Review, and Intent To Revoke Order in Part, 60 FR 61536

(Nov. 30, 1995).

The merchandise covered by this changed circumstances review

includes cut-to-length carbon steel plate meeting the following

criteria: (1) 100% dry steel plates, virgin steel, no scrap content

(free of cobalt-60 and other radioactive nuclides); (2) .300 inches

maximum thickness, plus 0.0, minus .030 inches; (3) 48.00 inch wide,

minimum; (4) 20 foot lengths; (5) flatness, plus/minus 0.5 inch over 10

feet; (6) AISI 1006; (7) tension leveled; (8) pickled and oiled; and

(9) carbon content, .03 to.08 (max).

This changed circumstances administrative review covers all

manufacturers/exporters of the cobalt-60-free cut-to-length carbon

steel plate from Canada described above.

Initiation and Preliminary Results of Changed Circumstances

Antidumping Duty Administrative Review, and Intent To Revoke Order

in Part

Pursuant to section 751(d) of the Tariff Act of 1930 as amended

(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 sufficient information concerning

changed circumstances.

The Department's regulations at 19 CFR 351.216(d) require the

Department to conduct a changed circumstances administrative review in

accordance with Sec. 351.221 if it decides that changed circumstances

sufficient to warrant a review exist. Section 782(h) of the Act and

Sec. 351.222(g)(1)(i) of the Department's regulations further provide

that the Department may revoke an order, in whole or in part, if it

concludes that substantially all of the producers of the domestic like

product to which the order 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,

Sec. 351.221(c)(3)(ii) of the regulations permits the Department to

combine the notices of initiation and preliminary results.

Therefore, based on petitioners' affirmative statement of no

interest in the partial revocation requested, we are initiating this

changed circumstances administrative review. Further, also based on

petitioners' affirmative statement of no interest, we have determined

that expedited action is warranted, and we have preliminarily

determined that there are changed circumstances sufficient to warrant

revocation of the order as it pertains to cobalt-60-free cut-to-length

carbon steel plate from Canada as described by the above

specifications. 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 as it pertains to imports of

certain cobalt-60-free cut-to-length carbon steel plate from Canada.

If final revocation in part occurs, we intend to instruct the U.S.

Customs Service (Customs) to end the suspension of liquidation and to

refund any estimated antidumping duties collected for all unliquidated

entries of cobalt-60-free cut-to-length carbon steel plate from Canada

with the specifications described above not subject to final results of

an administrative review, in accordance with 19 CFR 351.222(g)(4). 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 will continue until

publication of the final results of this changed circumstances review.

Public Comment

Parties to the proceeding 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 and/or written comments from interested parties may be submitted

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(f). 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

Secs. 351.216 and 351.222 of the Department's regulations.

Dated: December 28, 1998.

Holly A. Kuga,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-245 Filed 1-5-99; 8:45 am]

BILLING CODE 3510-DS-P