66 FR 52109, October 12, 2001

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-854]
 
Certain Tin Mill Products From Japan: Final Results of Changed 
Circumstances Review

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

ACTION: Final results of changed circumstances review.

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

SUMMARY: On May 29, 2001, the Department of Commerce (``the 
Department'') published a notice of initiation of a changed 
circumstances review for a partial revocation of the antidumping duty 
order on tin mill products from Japan with respect to the merchandise 
described below at the request of Weirton Steel and the Independent 
Steelworkers Union, interested parties in this proceeding. See Certain 
Tin Mill Products from Japan: Notice of Initiation of Changed 
Circumstances Review of the Antidumping Duty Order, 66 FR 29086 (May 
29, 2001). On August 8, 2001, the Department published the preliminary 
results of the changed circumstances review and preliminarily 
determined that several interested parties are interested in the 
maintenance of the order with respect to the merchandise described 
below, and that there was no reasonable basis to believe that changed 
circumstances sufficient to warrant revocation exist. See Certain Tin 
Mill Products from Japan: Preliminary Results of Changed Circumstances 
Review, 66 FR 41550 (August 8, 2001). In our preliminary results we 
gave interested parties an opportunity to comment; however, we did not 
receive any comments. We are unable to determine that producers 
accounting for substantially all of the production of the domestic like 
product have expressed lack of interest in the product in question. 
Thus we determine that changed circumstances do not exist to warrant 
revocation of the order in part.

EFFECTIVE DATE: October 12, 2001.

FOR FURTHER INFORMATION CONTACT: Michael Ferrier or Steve Bezirganian, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and

[[Page 52110]]

Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-1394 
or (202) 482-1131, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's (the 
Department's) regulations are to the regulations at 19 CFR part 351 
(2001).

Background

    On April 6, 2001, Weirton Steel and the Independent Steelworkers 
Union, petitioners in this proceeding, requested that the Department 
revoke in part the antidumping duty order on certain tin mill products 
from Japan. On May 3, 2001, petitioners submitted a change in the 
definition of the product for which they requested a changed 
circumstances review. Specifically, petitioners requested that the 
Department revoke the order with respect to imports of merchandise 
meeting the following specifications: double reduced (CADR8 temper) 
electrolytically chromium coated steel with chromium oxide at a level 
of 1.6 mg/sq. ft. (#0.9), having a base box weight of 60 pounds 
(nominal thickness of 0.0066 inch (#5% tolerance)), and a surface with 
a 7C stone finish, lubricated with butyl stearate oil (BSO) or dioctyl 
sebacate oil (DOS) with the level ranging from 0.22 to 0.32 gm/base 
box. The material is 31\1/2\ inches in actual width -0/+\1/16\ inch 
width tolerance) and made from fully deoxidized (killed) continuous 
cast and continuous annealed steel that is free of detrimental non-
metallic inclusions (i.e., clean steel) with earring hazard minimized. 
The maximum edge wave is \1/8\ inch, with crossbow controllable to less 
than 2 inches per sheet. The maximum camber per three feet is 0.020 
inch, the maximum burr is 0.001 inch, and the maximum pinholes per coil 
is 0.2%. The maximum coil weight is 25,000 pounds, with an interior 
coil diameter of 16 inches to 16\1/2\ inches, and an exterior coil 
diameter of 36 inches to 60 inches. When loaded for shipment, the coil 
is placed on the pallet with the eye of the coil standing vertical, 
with each side of the pallet being 60 inches having 4 x 4 runners, and 
outside runners placed a minimum of 37 inches apart.
    The merchandise subject to this changed circumstances review is 
classified in the HTSUS under subheading 7210.50.0000 of non-alloy 
steel, and under HTSUS subheading 7225.99.0090 if of alloy steel. 
Although the subheadings are provided for convenience, our written 
description of the scope is dispositive.
    On June 18, 2001, National Steel Corporation (``National''), a 
producer of tin mill products, stated that it objects to the partial 
revocation of the antidumping order on certain tin mill products from 
Japan as proposed by Weirton Steel and the Independent Steelworkers 
Union. On June 15, 2001, USS-Posco Industries (``UPI''), a domestic 
producer of tin mill products stated that UPI can produce and has 
produced the 60-pound double-reduced tin-free steel products and 
therefore has an interest in maintaining the antidumping order on tin 
mill products from Japan. Information on the record indicates that both 
interested parties opposed to the partial revocation accounted for over 
15 percent of the domestic production of tin mill products in year 
2000.

Scope of Changed Circumstances Review

    The merchandise covered by this changed circumstances review is 
certain double reduced (CADR8 temper) electrolytically chromium coated 
steel with chromium oxide at a level of 1.6 mg/sq. ft. (#0.9), having a 
base box weight of 60 pounds (nominal thickness of 0.0066 inch (#5% 
tolerance)), and a surface with a 7C stone finish, lubricated with 
butyl stearate oil (BSO) or dioctyl sebacate oil (DOS) with the level 
ranging from 0.22 to 0.32 gm/base box. The material is 31\1/2\ inches 
in actual width (-0/+\1/16\ inch width tolerance) and made from fully 
deoxidized (killed) continuous cast and continuous annealed steel that 
is free of detrimental non-metallic inclusions (i.e., clean steel) with 
earring hazard minimized. The maximum edge wave is \1/8\ inch, with 
crossbow controllable to less than 2 inches per sheet. The maximum 
camber per three feet is 0.020 inch, the maximum burr is 0.001 inch, 
and the maximum pinholes per coil is 0.2%. The maximum coil weight is 
25,000 pounds, with an interior coil diameter of 16 inches to 16\1/2\ 
inches, and an exterior coil diameter of 36 inches to 60 inches. When 
loaded for shipment, the coil is placed on the pallet with the eye of 
the coil standing vertical, with each side of the pallet being 60 
inches having 4 x 4 runners, and outside runners placed a minimum of 37 
inches apart.

Final Results of Changed Circumstances Review

    Pursuant to section 751(d) of the Act, the Department may partially 
revoke an antidumping duty order based on a review under section 751(b) 
of the Act. Section 782(h)(2) of the Act and section 351.222(g)(1)(i) 
of the Department's regulations provide that the Secretary may revoke 
an order, in whole or in part, based on changed circumstances if 
``(p)roducers accounting for substantially all of the production of the 
domestic like product to which the order (or the part of the order to 
be revoked) * * * pertains have expressed a lack of interest in the 
order, in whole or in part. * * *'' In this context, the Department has 
interpreted ``substantially all'' production normally to mean at least 
85 percent of domestic production of the like product (see Oil Country 
Tubular Goods From Mexico: Preliminary Results of Changed Circumstances 
Antidumping Duty Administrative Review, 64 FR 14213, 14214 (March 24, 
1999)).
    In order to determine whether ``substantially all'' of the domestic 
producers supported revocation of the order with respect to the 
merchandise in question, the Department solicited comments from all 
parties (see Initiation of Changed Circumstances Review, 66 FR at 
29088). Weirton Steel and the Independent Steelworkers Union have not 
provided evidence that they account for 85 percent of domestic 
production. The Department received comments from UPI and from National 
Steel. In fact, information on the record demonstrates that interested 
parties opposed to the partial revocation collectively account for over 
15 percent of the domestic production of tin mill products in 2000. 
More specifically, National's production of tin mill products for year 
2000 exceeds 15 percent. Therefore the Department is maintaining the 
order on tin mill products from Japan and is continuing to include the 
product which meets the specifications detailed above in the order on 
tin mill products from Japan, in accordance with sections 751(b) and 
(d) of the Act and 19 CFR 351.216.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations

[[Page 52111]]

and terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 751(b)(1) and 777(i)(1) of the Act and section 351.216 of the 
Department's regulations.

    Dated: October 2, 2001.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 01-25710 Filed 10-11-01; 8:45 am]
BILLING CODE 3510-DS-P