Proposed Agreement Concerning Trade in Certain Steel Products From the Russian Federation

SUMMARY: The United States has initialed a proposed Agreement regarding

imports of certain steel products from the Russian Federation to the

United States. A Notice of Public Hearing regarding the possible

imposition of import restrictions consistent with this proposed

Agreement was published on February 23, 1999 (64 FR 9049).

FOR FURTHER INFORMATION CONTACT: Edward Yang, Director Office IX, AD/

CVD Enforcement Group III, Import Administration, International Trade

Administration, Department of Commerce, at (202) 482-0406.

SUPPLEMENTARY INFORMATION: On June 1, 1990, pursuant to Title IV of the

Trade Act of 1974 (the Trade Act), the Governments of the United States

of America and the Union of Soviet Socialist Republics entered into the

Agreement on Trade Relations Between the United States of America and

the Union of Soviet Socialist Republics. On June 17, 1992, that

agreement (the 1992 Agreement) became effective between the United

States and the Russian Federation. Article XI of the 1992 Agreement

provides that the Parties will consult with a view toward finding means

of remedying or preventing actual or threatened market disruption, and

it authorizes the Parties to take action, including the imposition of

import restrictions, to achieve this goal.

In February 1999, the United States Department of Commerce and the

Ministry of Trade of the Russian Federation entered into negotiations

and consultations pursuant to Article XI of the Agreement on Trade

Between the United States of America and the Russian Federation. The

Parties mutually agree that the conditions of Article XI have been met

with respect to U.S. imports of certain steel products from Russia.

In the initialed Agreement, Russia would establish export limits

and the United States would establish import restrictions on Russian

exports to the United States of the following 16 steel products:

1. Certain Cold-Rolled Carbon Steel Quality Products

2. Semifinished Steel Products

3. Galvanized Sheet Products

4. Other Metallic Coated Flat Rolled Products

5. Certain Tin Mill Products

6. Electrical Sheet Products

7. Heavy Structural Shapes

8. Rails

9. Hot-Rolled Bars

10. Cold Finished Bars

11. Pipe and Tube Products

12. Wire Rod Products

13. Tool Steel

14. Drawn Wire Products

15. Hot-Rolled Stainless and Alloy Sheet, Strip, and Plate

16. Pig Iron

Each category of steel would have a separate export limit. In

addition to the issuance of export licenses by the Ministry of Trade of

the Russian Federation, and consistent with the requests of the Russian

officials, the United States would establish a border enforcement

mechanism to ensure compliance with the export limits. The border

mechanism will be in the form of denial of entry for any shipment of

steel, covered by the categories listed above, which exceeds the limits

or lacks the required documents.

On February 23, 1999, the Department published in the Federal

Register (64 FR 9049) a Notice of Public Hearing pursuant to section

125(f) of the Trade Act of 1974 (19 U.S.C. 2135 (f)). The purpose of

that hearing will be to provide interested parties with an opportunity

to present their views on the United States' proposed imposition of

import restrictions, consistent with its rights under the 1992

Agreement and with the mechanisms contemplated in the initialed

Agreement.

The Department is hereby publishing as Annex I to this notice the

Proposed Agreement Concerning Trade in Certain Steel Products From the

Russian Federation. For convenience, the Department has also posted

this initialed Agreement on its Import Administration website (http://

www.ita.doc.gov/import____admin/records).

Dated: February 24, 1999.

Holly A. Kuga,

Acting Assistant Secretary for Import Administration.

Agreement Concerning Trade in Certain Steel Products From the Russian

Federation

Initialed: February 22, 1999.

For the purpose of encouraging free and fair trade in Certain

Steel Products (as defined in this Agreement) to establish more

normal market relations, and to allow continued market access;

Considering the principles and provisions of the Agreement on

Trade Relations Between the United States of America and the Russian

Federation (``Russia''), which was signed on June 1, 1990, (the

``1990 Agreement'');

Desiring to provide for the application of Article XI of the

1990 Agreement to exports from Russia to the United States of

Certain Steel Products in a mutually agreed manner;

In pursuance of the Parties' rights and obligations contained in

the 1992 Agreement;

The United States, by the U.S. Department of Commerce (``DOC''),

and the Russian Federation, by the Ministry of Trade of the Russian

Federation (``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 statistics of the U.S. Census

Bureau regarding imports and exports, and data from the American

Iron & Steel Institute regarding domestic shipments, based on the

methodology described in Appendix D of this Agreement.

B. ``Certain Steel Products'' means the following products,

described in detail in Appendix A and not subject to antidumping

suspension agreements.

Cold-Rolled Steel Products

Semifinished Steel Products

Galvanized Sheet Products

Other Metallic Coated Flat-Rolled Products

Certain Tin Mill Products

Electrical Sheet Products

Heavy Structural Shapes

Rails

Hot-Rolled Bars

Cold-Finished Bars

Pipe and Tube Products

Wire Rod Products

Tool Steel

Hot-Rolled Steel Stainless and Alloy Products

Drawn Wire Products

Pig Iron

C. ``Date of Export'' of entries of Certain Steel Products to

the United States shall be the date on which MOT issued the Export

License.

D. ``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.

E. ``Effective Date'' of this Agreement means Signature Date.

F. ``Export License'' is the document issued by MOT which serves

as both an export limit certificate and a certificate of origin.

Temporary documents issued by MOT during the first 120 days after

the Effective Date in the form of mill certificates with official

MOT stamps and signatures shall constitute Export Licenses for the

purposes of this Agreement.

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

First Export Limit Period--The First Export Limit Period begins

on February 22, 1999 and ends on December 31, 1999, and the Export

Limit for the first period will be pro-rated

[[Page 9893]]

from the annual limits provided for each product category in II.B.1.

Subsequent Export Limit Periods--Each subsequent year, the first

of which will begin on January 1, 2000 and end on December 31, 2000

H. ``Indirect Exports'' means exports of Certain Steel Products

from Russia to the United States through one or more third

countries, including Certain Steel Products that are subject to

minor processing in such third countries.

I. ``Minor processing'' means processing that does not result in

a substantial transformation or a change in the country of origin of

the product that is processed. What constitutes minor processing may

vary by product. An illustrative list follows:

Flat-Rolled Products: painting; slitting; beveling/edge

finishing; pickling and oiling; annealing/heat treating; surface

finishing; temper rolling/temper leveling.

Pipe and Tube Products: end finish: drawing: galvanizing.

Semifinished Products: milling; scarfing; grinding.

Rails: cutting; heat treating; controlled cooling.

Structural Products: cutting to length; end milling; drilling;

punching.

Wire Rod: chemical cleaning; mechanical descaling.

Hot-Rolled Bars: pickling; oiling; phosphating.

Pipes: end finishing (i.e., threading and coupling);

galvanizing; painting; cold working.

Tool Steel: since based on chemistry and covers products in a

variety of forms (e.g., flat-rolled sheet, bars, rods, etc.), no

processing other than making the product into a specific article

classified outside of Chapter 72 of the HTS would result in non-

inclusion.

Drawn Wire: coating (e.g., aluminum); cladding (e.g., copper);

annealing.

Cold-Finished Bars: annealing; grinding.

J. ``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.

K. ``U.S. purchaser'' means the first purchaser in the United

States that is not affiliated with the Russian exporter, and all

subsequent purchasers, from trading companies to consumers.

II. Market Disruption

A. Actual and prospective imports of Certain Steel Products from

Russia are threatening to cause or significantly contribute to

market disruption in the United States, so as to be a significant

cause of threat of material injury to the United States domestic

industry within the meaning of Article XI of the 1990 Agreement.

B. In order to remedy this threat of market disruption, MOT

shall ensure that direct and indirect exports of Certain Steel

Products from Russia to the United States do not exceed the

following export limits.

1. The export limits for the first Export Limit Period are as

follows:

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

Quantity (in

Product metric tons)

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

Cold-Rolled Steel Products.............................. 520,000

Semifinished Steel Products............................. 385,000

Galvanized Sheet Products (of which, 60,000 hot-dipped 65,000

5,000 electrogalvanized)...............................

Other Metallic Coated Flat-Rolled Products.............. 1,552

Certain Tin Mill Products............................... 5,000

Electrical Sheet Products............................... 14,337

Heavy Structural Shapes................................. 65,000

Rails................................................... 2,350

Hot-Rolled Bars (hot-rolled bars, reinforcing bars, 20,000

light shapes)..........................................

Cold-Finished Bars...................................... 11,349

Pipe and Tube Products.................................. 3,000

Wire Rod Products....................................... 15,000

Tool Steel.............................................. 800

Hot-Rolled Steel Stainless and Alloy Products........... 1,000

Drawn Wire Products..................................... 250

Pig Iron................................................ 575,000

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

These annual export limits shall be pro-rated for that

proportion of 1999 remaining on the Date of initialing, February 22,

1999.

2. The export limit for each Subsequent Export Limit Period

shall be determined by making the following adjustments:

(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 Certain

Steel Products during the most recent 12 months for which data is

available at the time the Department of Commerce (``DOC'') makes

this calculation, compared to the previous 12 months (as described

in Appendix D).

3. 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. DOC will provide MOT with the worksheets

supporting its Export Limit calculation.

C. When Certain Steel Products are imported into the United

States and are subsequently re-exported, or re-packaged and re-

exported, or further processed and re-exported (provided that they

remain within the scope of the same product category covered by this

Agreement), the amount re-exported shall be deducted from the amount

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, evidence demonstrating the original

importation, any repackaging or further processing, and subsequent

exportation.

D. MOT will not issue Export Licenses authorizing the

exportation to the United States of Certain Steel Products covered

by this Agreement in any half of any Export Limit Period that exceed

60 percent of the export limit for that Export Limit Period.

E. Notwithstanding any other provision of this Agreement, up to

15 per cent of the export limit for any Certain Steel Product in 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

Certain Steel Product for any Export Limit Period may be ``carried

back'' to the last 60 days of the previous Export Limit Period.

III. Implementation

A. In order to remedy the threat of market disruption described

in Section II.A, and acting in pursuance of it rights under the 1990

Agreement, MOT shall issue an original stamped Export License

1 for each entry into the United States of Certain Steel

Products covered by this Agreement. Export Licenses shall contain,

for each grade of Certain Steel Products covered by the license, the

quantity in metric tons, dimensions (gauge, width, and length (for

products bound in coils, length where appropriate)) unit price, and

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

included on the Export License or a separate page attached to the

Export License.

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

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

subsequent change of HTS number.

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

B. The U.S. Customs Service will be directed to deny entry to

any imports of Certain Steel Products from Russia in excess of the

export limits in this Agreement, or which otherwise fail to comply

with the requirements of this Agreement (e.g., imports of Certain

Steel Products unaccompanied by an Export License). The Customs

Service shall require the presentation of an original stamped Export

License as a condition for entry into the United States of Certain

Steel Products covered by this Agreement, except where there are

multiple shipments under a single license. For multiple shipments at

multiple ports, the original license shall be presented at each port

and deductions made upon that original license for individual

entries at each Port. For multiple entries at one port, the original

license will be presented and deductions made for the first entry

drawn from that license. Subsequent entries at that port can be made

from copies of the original license which reflect all of the

deductions made from the original license.

C. DOC will monitor the levels of imports of Certain Steel

Products from Russia and deduct the quantity listed on each Export

License from the export limit for the Export Limit Period in which

the Date of Export falls, except as provided in Paragraph II.E.

D. 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 Certain Steel Products subject to this

Agreement are exported directly or indirectly from Russia to the

United States during any Export Limit Period that exceed the export

limit for that Export Limit Period.

2. Establish an export limit licensing and enforcement program

for all direct and Indirect Exports of Certain Steel Products from

Russia to the United States no later than 120 days after the

Effective Date.

[[Page 9894]]

3. Require that applications for Export Licenses be accompanied

by a report specifying the identity of the original exporter and

importer, the U.S. purchaser, if known, the original date of export

and entry into the United States, if known, the quantity expressed

in metric tons, and a complete description of the Certain Steel

Products.

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 six months,

unless DOC and MOT agree to an extension of their validity 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 Certain Steel Products are accepted by a transportation

company, as indicated in the bill of lading or a comparable

transportation document, for export.

8. Require all Russian producers and exporters of Certain Steel

Products to furnish to MOT, as a condition of obtaining Export

Licenses under this Agreement, the information in Appendix C and a

letter in the form set forth in Appendix E.

9. 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 the Certain Steel

Products, their affiliated parties, and any trading company or

reseller utilized by a Russian producer to make sales to the United

States.

10. Impose strict measures, such as prohibition from obtaining

Export Licenses under this Agreement, in the event that any Russian

entity does not comply in full with the requirements established by

MOT pursuant to this Agreement.

11. Permit DOC to verify, on an annual basis, that the export

limits in this Agreement have not been exceeded, that MOT is

collecting all of the information it is required to collect under

Paragraph IV.A of this Agreement, and that MOT is ensuring the

collection of all information that it is required to ensure is

collected under this Agreement.

IV. Monitoring and Notifications

A. MOT will collect, maintain, and provide to DOC such

information as is necessary and appropriate to ensure that exports

of Certain Steel Products from Russia to the United States do not

exceed the export limits in this Agreement, including the following:

1. The information in Appendix B.

2. Notice of any non-implementation of any provisions of this

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

respect to such non-implementation.

3. Such additional information as DOC and MOT agree, after

consultations, is required.

B. MOT shall ensure that each Russian producer and exporter of

Certain Steel Products shall collect and maintain, for each Certain

Steel Product exported to the United States, the basic company-

specific information on factors of production and U.S. sales prices

described in Appendix C. In the event that Russia is determined to

be a market economy for purposes of the U.S. antidumping law, these

reporting requirements shall be adjusted to reflect this change. MOT

shall provide this information to DOC upon request.

C. DOC shall provide MOT with the following information relating

to the implementation and enforcement of this Agreement.

1. Semi-annual reports, within 120 days after the end of each

semi-annual period, indicating the volume of U.S. imports of Certain

Steel Products subject to this Agreement, together with such

additional information as is necessary and appropriate to monitor

compliance with the export limit levels.

2. Notice of any non-implementation of any term of this

Agreement.

V. Consultations

A. MOT and DOC shall hold consultations each year on the

anniversary date of this Agreement concerning the implementation,

operation, and enforcement of the licensing program established by

MOT, and the export limits established by this Agreement.

B. Additional consultations may be held at any other time upon

the request of either MOT or DOC.

C. If DOC receives information indicating that any provision of

this Agreement is not being implemented, DOC shall promptly request

emergency 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.

VI. Implementation Issues

A. DOC will investigate any information that is brought to its

attention indicating that this Agreement is not being fully

implemented, both by asking MOT to investigate such allegations and

by itself gathering relevant information. If DOC informs MOT of such

information and requests MOT to supply information relevant to the

potential non-implementation, MOT will supply DOC with the requested

information within 30 days. After receiving the information from

MOT, DOC will consider whether the Agreement is being fully

implemented. If DOC preliminarily determines that the Agreement is

not being fully implemented, it will notify MOT of its determination

and provide MOT with an opportunity to engage in consultations

within 15 days after MOT receives the notification of DOC's

preliminary determination. DOC will make a final determination as to

whether the Agreement is being fully implemented within 30 days

after these consultations have been completed.

B. If DOC finally determines that this Agreement is not being

fully implemented, DOC may take any appropriate action authorized

under U.S. law, which may include either or both of the following:

1. DOC may require MOT to furnish to DOC, within 14 days, the

complete information described in Appendix C of this Agreement.

2. DOC may self-initiate an antidumping investigation of any

Certain Steel Product from Russia for which imports into the United

States have exceeded the export limits in this Agreement on an

accelerated basis. If DOC self-initiates such an accelerated

investigation, the information maintained pursuant to Appendix C and

furnished to DOC shall constitute the complete questionnaire

responses of the Russian producers and exporters in that

investigation. To the extent that this information is an

insufficient basis for determining dumping margins, DOC may base its

determination upon the facts available, which may be adverse to the

interests of the Russian producers and exporters.

VII. Antidumping or Countervailing Duty Petitions

If DOC initiates an antidumping or countervailing duty

investigation of any Certain Steel Products from Russia pursuant to

a petition filed by the U.S. domestic industry (as opposed to a

self-initiated investigation), this Agreement shall remain in force

with respect to those products. In that case, however, DOC will,

using the information maintained pursuant to Appendix C and supplied

to DOC by MOT, as the Russian producers' questionnaire responses,

conduct the investigation on an accelerated basis, including the

preliminary determination and, where appropriate under U.S. law, any

suspension agreement negotiations. Any measure imposed on a Certain

Steel Product pursuant to the U.S. antidumping or countervailing

duty law shall substitute for the measure applied to that product

under this Agreement.

VIII. Duration

A. This Agreement will enter into force on the date of signature

and remain in force for five years.

B. DOC or MOT 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.

IX. Other Provisions

A. The consultations and negotiations that led to the conclusion

of this Agreement shall constitute the consultations provided for in

Articles XI.1 and XI.2 of the 1990 Agreement. These consultations

and negotiations have provided Russia with the transparency and

opportunity to submit its views provided for in Article XI.7 of the

1990 Agreement.

B. The English and Russian language versions of this Agreement

shall be authentic, with the English version being controlling.

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

represented by, and all communications and notices shall be given

and addressed to:

DOC: Assistant Secretary for Import Administration,

International Trade

[[Page 9895]]

Administration, U.S. Department of Commerce, Washington, D.C. 20230,

U.S.A.

MOT: Department for State Regulation, of External Economic

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

Ovchinnikovskaya naberezhnaya, Moscow 113324, Russia.

Signed on this ____th day of ________, 1999.

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

Robert S. LaRussa,

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

Commerce.

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

Roald Piskoppel,

Deputy Minister, Ministry of Trade of the Russian Federation.

Appendix A

For purposes of this Agreement, Certain Steel Products are

defined as the following 16 products:

For purposes of this agreement, Hot-Rolled Steel Stainless and

Alloy Products are defined as the following:

Certain stainless and other alloy hot-rolled flat-rolled steel

products of a rectangular shape, neither clad, plated, nor coated

with metal and whether or not painted, varnished, or coated with

plastics or other non-metallic substances and in the following

forms: in coils (whether or not in successively superimposed layers)

with a width of 0.5 inch or greater, regardless of thickness; in

straight lengths with a thickness less than 4.75 mm and of a width

measuring at least 10 times the thickness; and in straight lengths,

4.75 mm or more in thickness and of a width which exceeds 150 mm and

measures at least twice the thickness.

Specifically excluded from this scope are all products which are

included in the scope definitions of the Agreement Suspending the

Antidumping Duty Investigation on Certain Hot-Rolled Flat-Rolled

Carbon-Quality Steel Products from the Russian Federation and the

Agreement Suspending the Antidumping Duty Investigation on Certain

Cut-to-Length Carbon Steel Plate from the Russian Federation.

Specifically excluded 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 excluded in the scope of this

investigation, 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 exceed 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 written physical description, and in

which the chemistry quantities do not exceed any one of the levels

listed above, are outside the scope of this agreement unless

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

included in the scope of this agreement:

II. 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).

III. SAE/AISI grades of series 2300 and higher.

IV. Ball bearing steels, as defined in the HTSUS.

V. Tool steels, as defined in the HTSUS.

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

steel with a silicon level exceeding 1.50 percent.

VII. ASTM specifications A710 and A736.

VIII. USS abrasion-resistant steels (USS AR 400, USS AR 500).

IX. 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.

X. Hot-rolled steel coil which meets the following chemical,

physical and mechanical specifications:

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

C Mn P S Si Cr Cu Ni

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

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

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

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

Mo

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

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.

XI. 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%................... 1.30-1.80% 0.025%, 0.005%, 0.30-0.5% 0.50-0.70% 0.20-0.40 0.20%,

Max Max % Max

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

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

V(wt.) Cb

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

0.10, Max..................... 0.08% Max .......... .......... .......... .......... ......... .........

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

[[Page 9896]]

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

Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi

Aim.

XII. Hot-rolled steel coil which meets the following chemical,

physical and mechanical specifications:

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

C Mn P S Si Cr Cu Ni

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

0.15%, Max.................... 1.40%, Max 0.025%, 0.010%, 0.50%, Max 1.00%, Max 0.50%, 0.20%,

Max Max Max Max

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

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

Nb Ca Al

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

0.005%, Min................... Treated 0.01-0.07% .......... .......... .......... ......... .........

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

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.

XIII. 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/mm2 and 640 N/

mm2 and an elongation percentage 26 percent

for thicknesses of 2 mm and above, or (ii) a tensile strength

between 590 N/mm2 and 690 N/mm2 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.

The merchandise subject to these investigations is classified in

the Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7219.11.0030, 7219.11.0060, 7219.12.0005, 7219.12.0020,

7219.12.0025, 7219.12.0050, 7219.12.0055, 7219.12.0065,

7219.12.0070, 7219.12.0080, 7219.13.0030, 7219.13.0050,

7219.13.0070, 7219.13.0080, 7219.14.0030, 7219.14.0065,

7219.14.0090, 7219.21.0005, 7219.21.0020, 7219.21.0040,

7219.21.0060, 7219.22.0005, 7219.22.0015, 7219.22.0020,

7219.22.0025, 7219.22.0035, 7219.22.0040, 7219.22.0045,

7219.22.0070, 7219.22.0075, 7219.22.0080, 7219.23.0030,

7219.23.0060, 7219.24.0030, 7219.24.0060, 7220.11.0000,

7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015,

7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010,

7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005,

7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080,

7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010,

7220.90.0015, 7220.90.0060, 7220.90.0080, 7225.11.0000,

7225.19.0000, 7225.20.0000, 7225.30.1000, 7225.30.3005,

7225.30.3050, 7225.30.5030, 7225.30.5060, 7225.30.7000,

7225.40.1015, 7225.40.1090, 7225.40.3005, 7225.40.3050,

7225.40.5030, 7225.40.5060, 7225.40.7000, 7225.99.0010,

7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060,

7226.19.1000, 7226.19.9000, 7226.20.0000, 7226.91.0500,

7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560,

7226.91.5000, 7226.91.7000, 7226.91.8000, and 7226.99.0000.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

investigation is dispositive.

Hot-rolled steel is equivalent to AISI categories 31 (hot-rolled

sheet), 36 (hot-rolled strip), 6A (cut-to-length plate), and 6B

(plate in coils)

For purposes of this agreement, Cold-Rolled Steel Products are

defined as the following:

The products covered are certain carbon, stainless and other

alloy cold-rolled (cold-reduced) steel flat-rolled products, of

rectangular shape, neither clad, plated nor coated with metal,

whether or not painted, varnished or coated with plastics or other

nonmetallic substances, 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. Included in

this 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.

Included in this scope is certain shadow mask steel, i.e.,

aluminum-killed, cold-rolled steel coil that is open-coil annealed,

has a carbon content of less than 0.002 percent, is of 0.003 to

0.012 inch in thickness, 15 to 30 inches in width, and has an ultra

flat, isotropic surface.

The merchandise is classified in the Harmonized Tariff Schedule

of the United States (``HTSUS'') at subheadings: 7208.18.2510,

7209.15.000, 7209.16.0030, 7209.16.0060, 7209.16.0090, 7209.17.0030,

7209.17.0060, 7209.17.0090, 7209.18.1530, 7209.18.1560,

7209.18.2510, 7209.18.2550, 7209.18.6000, 7209.25.0000,

7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000,

7210.70.3000, 7210.90.9000, 7211.23.1500, 7211.23.2000,

7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060,

7211.23.6075, 7211.23.6085, 7211.29.2030, 7211.29.2090,

7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000,

7212.40.1000, 7212.40.5000, 7212.50.0000, 7217.10.1000,

7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000,

7217.90.5030, 7217.90.5060, 7217.90.5090, 7219.31.0010,

7219.31.0050, 7219.32.0005, 7219.32.0020, 7219.32.0025,

7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042,

7219.32.0044, 7219.32.0045, 7219.32.0060, 7219.33.0005,

7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036,

7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.33.0045,

7219.33.0070, 7219.33.0080, 7219.34.0005, 7219.34.0020,

7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.34.0050,

7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035,

7219.35.0050, 7219.90.0010, 7219.90.0020, 7219.90.0025,

7219.90.0060, 7219.90.0080, 7220.20.1010, 7220.20.1015,

7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010,

7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005,

7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080,

7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010,

7220.90.0015, 7220.90.0060, 7220.90.0080, 7225.11.0000,

7225.19.0000, 7225.50.6000, 7225.50.7000, 7225.50.8010,

7225.50.8015, 7225.50.8085, 7225.99.0010, 7225.99.0090,

7226.11.1000, 7226.11.9030, 7226.11.9060, 7226.19.1000,

7226.19.9000, 7226.20.0000, 7226.92.1030, 7226.92.1060,

7226.92.3030, 7226.92.3060, 7226.92.5000, 7226.92.7005,

7226.92.7050, 7226.92.8005, 7226.92.8050, 7226.99.0000.

Cold-rolled steel is equivalent to AISI categories 32 (cold-

rolled sheet), 37 (cold-rolled strip), and 28 (black plate).

For purposes of this agreement, Semifinished Steel Products are

defined as the following:

The products covered are iron and steel products (whether or not

stainless, other alloy, or non-alloy) in the following forms: ingots

and other primary forms; semifinished products (whether or not of

rectangular cross-section, and whether or not with a width measuring

at least twice the thickness).

The merchandise is classified in the Harmonized Tariff Schedule

of the United States (``HTSUS'') at subheadings: 72.12.00.10,

7207.12.00.50, 7207.20.00.25, 7207.20.00.45, 7224.90.00.45,

7224.90.00.55, 7206.10.0000, 7224.10.0075, 7206.80.0000,

7207.11.0000, 7207.19.0030, 7224.90.0065, 7207.19.0090,

7224.90.0075, 7207.20.0075, 7207.20.0090, 7218.10.0000,

7218.91.0015, 7218.91.0030, 7218.91.0060, 7218.99.0015,

7218.99.0030, 7218.99.0045, 7218.99.0060, 7218.99.0090,

7224.10.0005, 7224.10.0045, 7224.90.0005, 7224.90.0015,

7224.90.0025, and 7224.90.0035.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise is

dispositive.

[[Page 9897]]

Semifinished steel is equivalent to AISI categories 1A (ingots

and steel for castings) and 1B (blooms, billets, and slabs).

For purposes of this agreement, Galvanized Sheet Products are

defined as the following:

Hot-rolled or cold-rolled flat-rolled products, either in coils

(regardless of dimension) or in straight flat-rolled lengths (if of

a thickness less than 4.75 mm are of a width measuring at least 10

times the thickness or if of a thickness of 4.75 mm or more are of a

width which exceeds 150 mm and measures at least twice the

thickness), with a metallic coating of zinc, regardless of any

additional coatings (e.g., paint, varnish, or plastics).

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030,

7210.49.0090, 7210.70.6030, 7210.70.6060, 7212.20.0000,

7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000,

7212.40.1000, 7212.40.5000, 7225.91.0000, 7225.92.0000,

7226.93.0000, and 7226.94.0000.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Galvanized Sheet Products reflect AISI categories 33A (hot-

dipped galvanized sheet/strip) and 33B (electrolytic galvanized

sheet/strip).

For purposes of this agreement, Other Metallic Coated Flat

Rolled Products are defined as the following:

Hot-rolled or cold-rolled flat-rolled products, either in coils

(regardless of dimension) or in straight lengths (if of a thickness

less than 4.75 mm are of a width measuring at least 10 times the

thickness or if of a thickness of 4.75 mm or more are of a width

which exceeds 150 mm and measures at least twice the thickness),

with a metallic coating (other than zinc, tin, chromium oxides, or

chromium and chromium oxides), or clad, with metals such as

aluminum, lead, aluminum-zinc alloys, and nickel, regardless of any

additional coatings (e.g., paint, varnish, or plastics).

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7210.20.0000, 7210.61.0000, 7210.69.0000, 7210.70.6090,

7210.90.6000, 7210.90.9000, 7212.40.1000, 7212.40.5000,

7212.50.0000, 7212.60.0000, 7225.99.0090, 7226.91.5000,

7226.91.7000, 7226.91.8000, and 7226.99.0000.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Other Metallic Coated Flat-Rolled Products reflect AISI category

34 (metallic sheet and strip).

For purposes of this agreement, Certain Tin Mill Products are

defined as the following:

Hot-rolled or cold-rolled flat-rolled products, either in coils

(regardless of dimension) or in straight lengths (if of a thickness

less than 4.75 mm are of a width measuring at least 10 times the

thickness or if of a thickness of 4.75 mm or more are of a width

which exceeds 150 mm and measures at least twice the thickness),

with a metallic plating of tin, chromium oxides, or chromium and

chromium oxides, regardless of any additional coatings (e.g., paint,

varnish, or plastics).

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7210.11.0000, 7210.12.0000, 7210.50.0000, and

7212.10.0000.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Certain Tin Mill Products reflect AISI categories 29 (tin plate)

and 29A (tin-free sheet).

For purposes of this agreement, Electrical Sheet Products are

defined as the following:

Cold-rolled flat-rolled alloy steels, or that contain by weight

at least 0.6 percent of silicon but not more than 6 percent of

silicon and not more than 0.08 percent of carbon. They may also

contain by weight not more than 1 percent of aluminum but no other

element in a proportion that would give the steel the

characteristics of another alloy steel.

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7225.11.0000, 7225.19.0000, 7226.11.1000, 7226.11.9030,

7226.11.9060, 7226.19.1000, and 7226.19.9000.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Electrical Sheet Products reflect AISI category 35 (electrical

sheet).

For purposes of this agreement, Heavy Structural Shapes are

defined as the following:

Angles, shapes, and sections having a uniform cross section

across their length, of alloy (other than tool steel as defined by

the HTS) or non-alloy steel, whether hot-rolled or cold-rolled, with

a height of at least 80 mm. Included are shapes such as U, I, H, and

T.

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7216.31.0000, 7216.32.0000, 7216.33.0030, 7216.33.0060,

7216.33.0090, 7216.40.0010, 7216.40.0050, 7216.50.0000,

7216.99.0000, 7222.40.3020, 7222.40.3040, 7228.70.3020,

7228.70.3040, and 7301.10.0000.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Heavy Structural Shapes reflect AISI categories 4 (structural

heavy shapes) and 5 (steel piling).

For purposes of this agreement, Rails are defined as the

following:

Rails for railway and tramway construction and replacement. This

includes load-bearing rails such as standard T, light, crane, and

girder rails, and conductor or electrical rails.

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7302.10.1010, 7302.10.1015, 7302.10.1025, 7302.10.1035,

7302.10.1045, 7302.10.1055, and 7302.10.5020.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Rails reflect AISI categories 7 (standard rails) and 8 (other

rails).

For purposes of this agreement, Hot-Rolled Bars are defined as

the following:

Hot-rolled products, not in coils, whether of alloy (other than

tool steel as defined by the HTSUS) or non-alloy steel, with a

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

meet the definition for flat-rolled products outlined in the HTSUS,

in the following shapes:

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

squares), triangles, or other convex polygons, regardless of whether

they include indentations, ribs, grooves or other deformations

produced during the rolling process (rebar);

(2) angles, shapes, and sections such as U, I, H, L, and T with

a height of less than 80 mm.

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7213.10.0000, 7213.20.0000, 7213.99.0060, 7214.10.0000,

7214.20.0000, 7214.30.0000, 7214.91.0015, 7214.91.0060,

7214.91.0090, 7214.99.0015, 7214.99.0030, 7214.99.0045,

7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.1000,

7216.10.0010, 7216.10.0050, 7216.21.0000, 7216.22.0000,

7221.00.0005, 7221.00.0045, 7221.00.0075, 7222.11.0005,

7222.11.0050, 7222.19.0005, 7222.19.0050, 7222.40.3060,

7222.40.3080, 7227.20.0000, 7227.90.6005, 7227.90.6050,

7228.20.1000, 7228.30.8005, 7228.30.8050, 7228.40.0000,

7228.60.6000, 7228.70.3060, 7228.70.3080, and 7228.80.0000.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Hot-Rolled Bars reflect AISI categories 14 (hot-rolled bars),

14A (light shapes), and 15 (reinforcing bars).

For purposes of this agreement, Cold Finished Bars are defined

as the following:

Cold-finished (e.g. cold-rolled, cold-drawn, turned) products,

not in coils, whether of alloy (other than tool steel as defined by

the HTS) or non-alloy steel, with a uniform solid cross section

along their whole length, that do not meet the definition for flat-

rolled products outlined in the HTS, in the shape of circles,

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

triangles, or other convex polygons, regardless of whether they

include indentations, ribs, grooves or other deformations produced

during the rolling process (rebar).

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7215.10.0000, 7215.50.0015, 7215.50.0060, 7215.50.0090,

7215.90.3000,

[[Page 9898]]

7215.90.5000, 7222.20.0005, 7222.20.0045, 7222.20.0075,

7222.30.0000, 7228.20.5000, 7228.50.5005, 7228.50.5050, and

7228.60.8000.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Cold-Finished Bars reflect AISI category 16 (cold-finished

bars).

For purposes of this agreement, Pipe and Tube Products are

defined as the following:

Hollow steel products of either circular or non-circular cross

section, of alloy (e.g. stainless) or non-alloy steel, whether

seamless or not seamless (e.g. welded, open seam), whether plain end

or finished (e.g. upset, threaded, coupled), regardless of size.

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7304, 7305, and 7306.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Pipe and Tube Products reflect AISI categories 18 (standard), 19

(oil country tubular goods), 20 (line pipe), 21A (mechanical

tubing), 21B (pressure tubing), 21C&D (stainless pipe and tubing),

21E (pipe and tube, not classified), 22A (structural pipe and

tubing), and 22B (structural pipe and tubing for piling).

For purposes of this agreement, Wire Rod Products are defined as

the following:

Hot-rolled bars and rods, whether of alloy (other than tool

steel as defined by the HTSUS) or non-alloy steel, in irregularly

wound coils, which have a solid cross section, generally round in

cross-sectional shape.

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7213.91.3000, 7213.91.4500, 7213.91.6000, 7213.99.0030,

7213.99.0090, 7221.00.0015, and 7221.00.0030.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Wire Rod Products reflect AISI category 3 (wire rod).

For purposes of this agreement, Tool Steel is defined as the

following:

Steel products, in the form of semifinished steel, flat-rolled

products, bars and rods, and wire, meeting the following

chemistries:

(1) more than 1.2 percent of carbon and more than 10.5 percent

chromium; or

(2) not less than 0.3 percent carbon and 1.25 percent or more

but less than 10.5 percent chromium; or

(3) not less than 0.85 percent carbon and 1 percent to 1.8

percent, inclusive, manganese; or

(4) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9

percent to 1.4 percent, inclusive, molybdenum; or

(5) not less than 0.5 percent carbon and not less than 3.5

percent molybdenum; or

(6) not less than 0.5 percent carbon and not less than 5.5

percent tungsten.

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7224.10.0045, 7224.90.0015, 7224.90.0025, 7224.90.0035,

7225.20.0000, 7225.30.1000, 7225.30.5030, 7225.30.5060,

7225.40.1015, 7225.40.1090, 7225.40.5030, 7225.40.5060,

7225.50.1030, 7225.50.1060, 7226.20.0000, 7226.91.0500,

7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560,

7226.92.1030, 7226.92.1060, 7226.92.3030, 7226.92.3060,

7227.10.0000, 7227.90.1030, 7227.90.1060, 7227.90.2030,

7227.90.2060, 7228.10.0010, 7228.10.0030, 7228.10.0060,

7228.30.2000, 7228.30.4000, 7228.30.6000, 7228.50.1010,

7228.50.1020, 7228.50.1040, 7228.50.1060, 7228.50.1080,

7228.60.1030, 7228.60.1060, and 7229.10.0000.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Tool Steel is equivalent to AISI category 17 (tool steel).

For purposes of this agreement, Drawn Wire Products are defined

as the following:

Cold-drawn products in coil form, of any uniform solid cross

section along their whole length, whether of alloy (other than tool

steel as defined by the HTSUS) or non-alloy steel.

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.4030,

7217.10.4090, 7217.10.5030, 7217.10.5090, 7217.10.6000,

7217.10.7000, 7217.10.8010, 7217.10.8020, 7217.10.8025,

7217.10.8030, 7217.10.8045, 7217.10.8060, 7217.10.8075,

7217.10.8090, 7217.10.9000, 7217.20.1500, 7217.20.3000,

7217.20.4510, 7217.20.4520, 7217.20.4530, 7217.20.4540,

7217.20.4550, 7217.20.4560, 7217.20.4570, 7217.20.4580,

7217.20.6000, 7217.20.7500, 7217.30.1530, 7217.30.1560,

7217.30.3000, 7217.30.4510, 7217.30.4520, 7217.30.4530,

7217.30.4540, 7217.30.4550, 7217.30.4560, 7217.30.4590,

7217.30.6000, 7217.30.7500, 7217.90.5030, 7217.90.5060,

7217.90.5090, 7223.00.1015, 7223.00.1030, 7223.00.1045,

7223.00.1060, 7223.00.1075, 7223.00.5000, 7223.00.9000,

7229.20.0000, 7229.90.1000, 7229.90.5015, 7229.90.5030,

7229.90.5050, and 7229.90.9000.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Drawn Wire Products reflect AISI categories 23 (wire drawn).

For purposes of this agreement, Pig Iron is defined as the

following:

Iron-carbon alloys that are not usefully malleable, containing

more than 2% by weight of carbon.

The merchandise subject to this agreement is classified in the

Harmonized Tariff Schedule of the United States (``HTSUS'') at

subheadings: 7201.10.0000, 7201.20.0000, 7201.50.3000, and

7201.50.6000.

Although the HTSUS subheadings are provided for convenience and

Customs purposes, the written description of the merchandise under

this agreement is dispositive.

Pig Iron is equivalent to AISI categories 65 (pig iron).

Appendix B

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.

MOT will provide a narrative explanation to substantiate all

data collected in accordance with the following formats.

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 #10,

importer of record, item #16, final destination, and item #17,

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. Complete 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.

Appendix C

Russian Self-Monitoring Data

MOT and relevant Russian entities will compile and maintain data

on a semi-annual basis to achieve the goals of this Agreement. The

data will be used for self-monitoring and possible reporting to DOC

in connection with

[[Page 9899]]

the consultation provisions of this Agreement, a self-initiated

antidumping investigation or both. MOT will ensure that data is

maintained by the producers of each covered product for both normal

values and U.S. sales in a form suitable for analysis consistent

with the standards of U.S. antidumping law and regulations.

Department officials will coordinate closely with MOT and relevant

Russian entities to ensure ongoing data collection and maintenance

consistent with these standards.

Categories of Self-Monitoring Data:

I. Normal Value Data

A. Factors of Production

B. Product Codes and Characteristics

C. Market-Economy Inputs

II. U.S. Sales Data

A. Product Codes and Characteristics

B. Individual Sales Data

C. Sales Type and Process

Appendix D

For purposes of this Agreement, U.S. Apparent Consumption will

be calculated using data provided by the American Iron and Steel

Institute and the U.S. Bureau of the Census. For each of the sixteen

product categories covered by this Agreement, we will calculate

apparent consumption based on the AISI categories specified in the

relevant section of Appendix III of this Agreement. The calculation

will be made in the following manner:

Apparent Consumption =

Domestic Shipments

+ Imports

- Exports

Appendix E

To: Ministry of Trade, Russian Federation

1. We understand that the data being provided to the Ministry of

Trade of the Russian Federation may be provided to the U.S.

Department of Commerce for use in a self-initiated antidumping duty

investigation, pursuant to the Agreement between the Ministry of

Trade and the Department of Commerce dated ________, 1999. We

further understand that, if such an antidumping duty investigation

is self-initiated, it may be conducted on an expedited basis with, a

preliminary determination being issued as early as 60 days following

initiation.

2. We acknowledge and accept that the data being provided to the

Ministry of Trade will be considered to be our complete

questionnaire response in such an antidumping investigation. We

agree that the Ministry of Trade's requirements for periodic

reporting may be considered as requests for information for purposes

of any such antidumping duty investigation.

3. Consistent with these understandings, we hereby waive any

right provided by U.S. statutes or regulations to any minimum time

period for responding to a questionnaire in such an antidumping duty

investigation. We understand and accept that the U.S. Department of

Commerce may possibly provide us with one opportunity to supplement

this data. In light of our understanding that the investigation will

be very accelerated, however, we recognize and accept that any time

provided for supplementing the data will be very limited.

4. For all data submissions to the Russian government, we agree

that we will identify data which we regard as business proprietary

information. We will include with each data submission a statement

that the business proprietary information contained therein may be

released under an appropriately draw administrative protective order

in any antidumping duty investigation in which the data is utilized

consistent with our understandings in paragraph 1.

5. We understand that, to the extent the data concerning our

factors of production and U.S. sales obtained by the U.S. Department

of Commerce pursuant to its Agreement with the Ministry of Trade

dated ________, 1999 is an insufficient basis on which to determine

any actual margin of dumping, the Department of Commerce will base

its determination in the accelerated investigation on the facts

available, which may be adverse to our interests.

Appendix F

Section 125 of the Trade Act of 1974, 19 U.S.C. 2135

SEC. 125. TERMINATION AND WITHDRAWAL AUTHORITY

(a) Every trade agreement entered into under this Act shall be

subject to termination, in whole or in part, or withdrawal, upon due

notice, at the end of a period specified in the agreement. Such

period shall be not more than 3 years from the date on which the

agreement becomes effective. If the agreement is not terminated or

withdrawn from at the end of the period so specified, it shall be

subject to termination or withdrawal thereafter upon not more than 6

month's notice.

(b) The President may at any time terminate, in whole or in

part, any proclamation made under this Act.

(c) Whenever the United States, acting in pursuance of any of

its rights or obligations under any trade agreement entered into

pursuant to this Act, section 201 of the Trade Expansion Act of

1962, or section 350 of the Tariff Act of 1930, withdraws, suspends,

or modifies any obligation with respect to the trade of any foreign

country or instrumentality thereof, the President is authorized to

proclaim increased duties or other import restrictions, to the

extent, at such times, and for such periods as he deems necessary or

appropriate, in order to exercise the rights or fulfill the

obligations of the United States. No proclamation shall be made

under this subsection increasing any existing duty to a rate more

than 50 percent above the rate set forth in rate column numbered 2

of the Tariff Schedules of the United States, as in effect on

January 1, 1975, or 20 percent ad valorem above the rate existing on

January 1, 1975, whichever is higher.

(d) Whenever any foreign country or instrumentality withdraws,

suspends, or modifies the application of trade agreement obligations

of benefit to the United States without granting adequate

compensation therefor, the President, in pursuance of rights granted

to the United States under any trade agreement and to the extent

necessary to protect United States economic interests (including

United States balance of payments), may--

(1) withdraw, suspend, or modify the application of

substantially equivalent trade agreement obligations of benefit to

such foreign country or instrumentality; and

(2) proclaim under subsection (c) such increased duties or other

import restrictions as are appropriate to effect adequate

compensation from such foreign country or instrumentality.

(e) Duties or other import restrictions required or appropriate

to carry out any trade agreement entered into pursuant to this Act,

section 201 of the Trade Expansion Act of 1962, or section 350 of

the Tariff Act of 1930 shall not be affected by any termination, in

whole or in part, of such agreement or by the withdrawal of the

United States from such agreement and shall remain in effect after

the date of such termination or withdrawal for 1 year, unless the

President by proclamation provides that such rates shall be restored

to the level at which they would be but for the agreement. Within 60

days after the date of any such termination or withdrawal, the

President shall transmit to the Congress his recommendations as to

the appropriate rates of duty for all articles which were affected

by the termination or withdrawal or would have been so affected but

for the preceding sentence.

(f) Before taking any action pursuant to subsection (b), (c), or

(d), the President shall provide for a public hearing during the

course of which interested persons shall be given a reasonable

opportunity to be present, to produce evidence, and to be heard,

unless he determines that such prior hearings will be contrary to

the national interest because of the need for expeditious action, in

which case he shall provide for a public hearing promptly after such

action.

[FR Doc. 99-4975 Filed 2-25-99; 8:45 am]

BILLING CODE 3510-DS-P