[Federal Register Volume 65, Number 11 (Tuesday, January 18, 2000)]
[Notices]
[Pages 2581-2583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1101]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-428-812]


Certain Hot-Rolled Lead and Bismuth Carbon Steel Products From 
Germany: Rescission of Countervailing Duty Administrative Review and 
Initiation and Preliminary Results of Changed Circumstances Review and 
Intent To Revoke Order

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

ACTION:  Notice of rescission of countervailing duty administrative 
review and initiation and preliminary results of changed circumstances 
review and intent to revoke order.

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SUMMARY:  In response to a request from Ispat Inland Inc. (Ispat) and 
Republic Technologies International (RTI) (the successors to the 
petitioners in this proceeding) and from domestic producer Birmingham 
Steel Corporation (BSC) (collectively, the domestic producers), the 
Department of Commerce (the Department) is rescinding the current 
administrative review of the countervailing duty order on certain hot-
rolled lead and bismuth carbon steel products from Germany. This 
administrative review covers the period January 1, 1998, through 
December 31, 1998. In addition, in response to a request from the 
domestic producers, we are initiating a changed circumstances review 
and issuing this notice of intent to revoke the countervailing duty 
order on certain hot-rolled lead and bismuth carbon steel products from 
Germany. The domestic producers requested that the Department revoke 
the order retroactive to January 1, 1998, because they no longer have 
an interest in maintaining the order.

EFFECTIVE DATE:  January 18, 2000.

[[Page 2582]]


FOR FURTHER INFORMATION CONTACT:  Robert Copyak or Richard Herring, AD/
CVD Enforcement Office VI, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, DC 20230; telephone (202) 482-
2613 or (202) 482-1503, 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's regulations are 
to the regulations codified at 19 CFR Part 351 (April 1999).

Background

    On November 24, 1999, the domestic producers requested that the 
Department conduct a changed circumstances review to revoke the 
countervailing duty order on certain hot-rolled lead and bismuth carbon 
steel products from Germany retroactive to January 1, 1998. The 
domestic producers stated that circumstances have changed such that 
they no longer have an interest in maintaining the countervailing duty 
order. They also stated that they represent approximately 85 to 90 
percent of the domestic production of the domestic like product to 
which the order pertains. The domestic producers also requested that, 
due to the pendency of the ongoing administrative review of the order, 
the Department complete the changed circumstances review on an 
expedited basis. On January 5, 2000, the domestic producers submitted a 
letter withdrawing their request for the administrative review of the 
period January 1, 1998, through December 31, 1998.

Scope of Review

    The products covered are hot-rolled bars and rods of nonalloy or 
other alloy steel, whether or not descaled, containing by weight 0.03 
percent or more of lead or 0.05 percent or more of bismuth, in coils or 
cut lengths, and in numerous shapes and sizes. Excluded from the scope 
are other alloy steels (as defined by the Harmonized Tariff Schedule of 
the United States (HTSUS) Chapter 72, note 1 (f)), except steels 
classified as other alloy steels by reasons of containing by weight 0.4 
percent or more of lead, or 0.1 percent or more of bismuth, tellurium, 
or selenium. Also excluded are semi-finished steels and flat-rolled 
products. Most of the products covered in this review are provided for 
under subheadings 7213.20.00.00 and 7214.30.00.00 of the HTSUS. Small 
quantities of these products may also enter the United States under the 
following HTSUS subheadings: 7213.31.30.00; 7213.31.60.00; 
7213.39.00.30; 7213.39.00.60; 7213.39.00.90; 7213.91.30.00; 
7213.91.45.00; 7213.91.60.00; 7213.99.00; 7214.40.00.10; 7214.40.00.30; 
7214.40.00.50; 7214.50.00.10; 7214.50.00.30; 7214.50.00.50; 
7214.60.00.10; 7214.60.00.30; 7214.60.00.50; 7214.91.00; 7214.99.00; 
7228.30.80.00; and 7228.30.80.50. HTSUS subheadings are provided for 
convenience and Customs purposes. The written description of the scope 
of this proceeding is dispositive.

Rescission of Administrative Review

    On January 5, 2000, the domestic producers submitted a letter 
withdrawing their request for the administrative review of the period 
January 1, 1998, through December 31, 1998. Given the domestic 
producers' request for a changed circumstances review and their 
statement of no further interest in the order retroactive to January 1, 
1998, we have determined that it is reasonable to rescind this 
administrative review. Therefore, in accordance with 19 CFR 
351.213(d)(1), we are rescinding this administrative review.

Initiation and Preliminary Results of Changed Circumstances Review 
and Intent to Revoke Order

    Pursuant to section 751(d)(1) of the Act, the Department may 
revoke, in whole or in part, a countervailing 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 
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 review in accordance with 
19 CFR 351.221 if it decides that changed circumstances sufficient to 
warrant a review exist. Section 782(h) of the Act and 19 CFR 
351.222(g)(1)(i) provide further that the Department may revoke an 
order, in whole or in part, if it concludes that the order under review 
is no longer of interest to producers accounting for substantially all 
of the production of the domestic like product. In addition, in the 
event that the Department concludes that expedited action is warranted, 
19 CFR 351.221(c)(3)(ii) permits the Department to combine the notices 
of initiation and preliminary results.
    Ispat, RTI, and BSC are domestic interested parties as defined by 
section 771(9)(E) of the Act and 19 CFR 351.102(b). These parties 
indicated that they represent approximately 85 to 90 percent of the 
domestic production of the domestic like product to which the order 
pertains. We preliminarily determine that these parties represent 
producers accounting for substantially all of the production of the 
domestic like product. Therefore, based on the affirmative statement by 
Ispat, RTI, and BSC of no interest in the continued application of the 
countervailing duty order on certain hot-rolled lead and bismuth carbon 
steel products from Germany, we are initiating this changed 
circumstances review. Further, based on the domestic producers' 
request, we have determined that expedited action is warranted, and we 
are combining the notices of initiation and preliminary results. We 
have preliminarily determined that there are changed circumstances 
sufficient to warrant revocation of the order in whole. Because the 
statement of no interest dates back to January 1, 1998, we also are 
hereby notifying the public of our intent to revoke in whole the 
countervailing duty order on certain hot-rolled lead and bismuth carbon 
steel products from Germany retroactive to January 1, 1998.
    If final revocation of the order occurs, we intend to instruct the 
Customs Service to end the suspension of liquidation and to refund any 
estimated countervailing duties collected for all unliquidated entries 
of certain hot-rolled lead and bismuth carbon steel products from 
Germany on or after January 1, 1998, in accordance with 19 CFR 
351.222(g)(4). We will also instruct the Customs Service to pay 
interest on such refunds in accordance with section 778 of the Act. The 
current requirement for a cash deposit of estimated countervailing 
duties will continue until publication of the final results of this 
changed circumstances review.

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. 
Written comments from interested parties may be submitted not later 
than 14 days after the date of publication of

[[Page 2583]]

this notice. Rebuttal comments to written comments, limited to 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 any public hearing (if 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 or at a hearing.
    This notice is in accordance with section 751(b)(1) of the Act and 
19 CFR 351.216 and 351.222.

    Dated: January 7, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 00-1101 Filed 1-14-00; 8:45 am]
BILLING CODE 3510-DS-P