34658 Federal Register / Vol. 65, No. 105 / Wednesday, May 31, 2000 / Notices

1The Department also conducted verification of

the information submitted by Tokkin. However, as

noted above, the Department has determined that

Tokkin’s merchandise exported to the United States

during the POI to be of Japanese origin, such that

this final determination covers only CSC.

liquidation of all entries of cold-rolled

flat-rolled, carbon-quality steel products

from Indonesia that are entered, or

withdrawn from warehouse, for

consumption on or after January 7,

2000, the date of publication of the

Preliminary Determination. The

Customs Service shall continue to

require a cash deposit or the posting of

a bond based on the estimated

weighted-average dumping margins

shown below. The suspension of

liquidation instructions will remain in

effect until further notice.

Section 735(c)(5)(B) of the Act

provides that, where the estimated

weighted-averaged dumping margins

established for all exporters and

producers individually investigated are

zero or de minimis or are determined

entirely under section 776 of the Act,

the Department may use any reasonable

method to establish the estimated allothers rate for exporters and producers

not individually investigated. Our

recent practice under these

circumstances has been to assign, as the

‘‘all others’’ rate, the simple average of

the margins in the petition. See Notice

of Final Determinations of Sales at Less

Than Fair Value: Certain Cold-Rolled

Flat-Rolled Carbon-Quality Steel

Products From Argentina, Japan and

Thailand, 65 FR 5520 (February 4,

2000); see also Notice of Final

Determination of Sales at Less Than

Fair Value: Notice of Final

Determination of Sales at Less Than

Fair Value: Stainless Steel Plate in Coil

from Canada (‘‘Stainless Steel Plate

from Canada’’), 64 FR 15457 (March 31,

1999); and Notice of Final

Determination of Sales at Less Than

Fair Value: Stainless Steel Plate in Coil

from Italy (‘‘Stainless Steel Plate from

Italy’’), 64 FR 15458, 15459 (March 21,

1999).

In this case, we have calculated the

dumping margins for the sole Slovak

respondent based entirely on adverse

facts available. Given the circumstances

of this case, and the discretion provided

by Section 735(c)(5)(B) of the Act, we

have selected a somewhat different

methodology than that followed in other

recent cases. Instead of relying on the

simple average of the petition margins,

we have relied on the weighted-average

of the margins obtained for each product

sold during the POI, by using the

respondent’s data and making the

adverse inference that any U.S. sales for

which payment was outstanding as of

the respondent’s latest submission was

bad debt. The resulting margin,

applicable to all other manufacturers/

exporters, is 109.21 percent.

We determine that the following

weighted-average dumping margins

exist for April 1, 1998, through March

31, 1999:

Exporter/manufacturer

Weightedaverage

margin (percent)

VSZ, a.s .................................... 163.89

All Others .................................. 109.21

ITC Notification

In accordance with section 735(d) of

the Act, we have notified the

International Trade Commission (ITC) of

our determination. As our final

determination is affirmative, the ITC

will determine, within 45 days, whether

these imports are causing material

injury, or threat of material injury, to an

industry in the United States. If the ITC

determines that material injury or threat

of injury does not exist, the proceeding

will be terminated and all securities

posted will be refunded or canceled. If

the ITC determines that such injury

does exist, the Department will issue in

antidumping order directing Customs

officials to assess antidumping duties on

all imports of the subject merchandise

entered, or withdrawn from warehouse

for consumption on or after the effective

date of the suspension of liquidation.

This determination is issued and

published in accordance with sections

735(d) and 777(i)(1) of the Act.

Dated: May 22, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

Appendix I—Issues in Decision Memo

Comments and Responses

1. Rescission of Initiation

2. Facts Available

[FR Doc. 00–13579 Filed 5–30–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–583–834]

Notice of Final Determination of Sales

at Less Than Fair Value: Certain ColdRolled Flat-Rolled Carbon-Quality Steel

Products From Taiwan

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final determination of

sales at less than fair value.

EFFECTIVE DATE: May 31, 2000.

FOR FURTHER INFORMATION CONTACT:

Edward Easton or Keir Whitson, at (202)

482–3003 or (202) 482–1777,

respectively; Import Administration,

International Trade Administration,

U.S. Department of Commerce,

Washington, D.C. 20230.

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 (‘‘the

Department’’) regulations are to 19 CFR

Part 351 (1999).

Final Determination

We determine that cold-rolled flatrolled carbon-quality steel products

(cold-rolled steel products) from Taiwan

are being sold, or are likely to be sold,

in the United States at less than fair

value (LTFV), as provided in section

735 of the Act. The estimated margins

of sales at LTFV are shown in the

‘‘Suspension of Liquidation’’ section of

this notice.

Case History

The preliminary determination in this

investigation was issued on December

28, 1999. See Notice of Preliminary

Determination of Sales at Less Than

Fair Value and Postponement of Final

Determination: Certain Cold-Rolled FlatRolled Carbon-Quality Steel Products

from Taiwan, 65 FR 1095 (January 7,

2000). The investigation initially

covered two manufacturers/exporters:

China Steel Corporation (CSC), and

Taiwan Tokkin Corporation (Tokkin).

Since the preliminary determination,

the Department has concluded that the

merchandise exported by Taiwan

Tokkin, for the purpose of this

investigation, is of Japanese origin. As a

result, this final determination covers

only CSC. See Issues and Decision

Memorandum (Decision Memorandum)

from Holly A. Kuga, Acting Deputy

Assistant Secretary for Import

Administration, to Troy H. Cribb, Acting

Assistant Secretary for Import

Administration, dated May 22, 2000,

which is hereby adopted by this notice.

The period of investigation is April 1,

1998, through March 31, 1999.

From January 17 through January 21,

2000, the Department conducted a

verification of CSC’s sales data.1

Federal Register / Vol. 65, No. 105 / Wednesday, May 31, 2000 / Notices 34659

2Petitioners in this case are Bethlehem Steel

Corporation, Gulf States Steel, Inc., Ispat Inland

Inc., LTV Steel Company Inc., National Steel

Company, Steel Dynamics, Inc., U.S. Steel Group (a

unit of USX Corporation), Weirton Steel

Corporation, United Steelworkers of America, and

Independent Steelworkers Union (collectively, the

petitioners).

Counsel to CSC requested a hearing on

February 7, 2000, and withdrew the

request on March 10, 2000. No other

interested party requested a hearing.

The petitioners 2 and CSC submitted

case briefs on April 7, 2000, and rebuttal

briefs on April 12, 2000. On April 25

and April 26, 2000, the petitioners

submitted requests that the Department

reject certain information contained in

CSC’s rebuttal brief, on the grounds that

it contained new factual information

that had been untimely filed. On April

26, 2000, CSC responded to the

petitioners’ claims that CSC’s rebuttal

brief contained new factual information.

The Department determined that certain

information was untimely filed, and

disregarded that information in reaching

its final determination. See

Memorandum to the File, dated May 22,

2000.

Scope of Investigation

For purposes of this investigation, the

products covered are certain cold-rolled

(cold-reduced) flat-rolled carbon-quality

steel products, neither clad, plated, nor

coated with metal, but whether or not

annealed, painted, varnished, or coated

with plastics or other non-metallic

substances, both in coils, 0.5 inch wide

or wider, (whether or not in

successively superimposed layers and/

or otherwise coiled, such as spirally

oscillated coils), and also in straight

lengths, which, if less than 4.75 mm in

thickness having a width that is 0.5 inch

or greater and that measures at least 10

times the thickness; or, if of a thickness

of 4.75 mm or more, having a width

exceeding 150 mm and measuring at

least twice the thickness. The products

described above may be rectangular,

square, circular or other shape and

include products of either rectangular or

non-rectangular 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.

The above is simply a summary of the

products covered by the investigation.

For the dispositive description of the

scope of this investigation, see the

‘‘Scope of Investigation’’ section of the

Decision Memorandum, which is on file

in Room B–099 of the Department’s

Main Building and available on the

World Wide Web at www.ita.doc.gov/

import—admin/records/frn.

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this

antidumping proceeding are addressed

in the Issues and Decision

Memorandum (‘‘Decision

Memorandum’’) from Holly Kuga,

Acting Deputy Assistant Secretary,

Import Administration, to Troy H.

Cribb, Acting Assistant Secretary for

Import Administration, dated May 22,

2000, which is hereby adopted by this

notice. A list of the issues which parties

have raised and to which we have

responded, all of which are in the

Decision Memorandum, is attached to

this notice as an Appendix. Parties can

find a complete discussion of all issues

raised in this investigation and the

corresponding recommendations in this

public memorandum, which is on file in

B–099. In addition, a complete version

of the Decision Memorandum can be

accessed directly on the World Wide

Web at www.ita.doc.gov/import_admin/

records/frn. The paper copy and

electronic version of the Decision

Memorandum are identical in content.

Changes Since the Preliminary

Determination

Based on our findings at verification

and analysis of comments received, we

have made adjustments to the

preliminary determination calculation

methodology in determining the final

dumping margin in this proceeding.

These adjustments are discussed in the

Decision Memorandum.

Suspension of Liquidation

Pursuant to section 735(c)(1)(B) of the

Act, we are instructing Customs to

continue to suspend liquidation of all

entries of cold-rolled flat-rolled carbonquality steel products from Taiwan that

are entered, or withdrawn from

warehouse, for consumption on or after

January 7, 2000, the date of publication

of the Preliminary Determination. The

Customs Service shall continue to

require a cash deposit or the posting of

a bond based on the estimated

weighted-average dumping margins

shown below. The suspension of

liquidation instructions will remain in

effect until further notice.

We determine that the following

weighted-average dumping margins

exist for April 1, 1998, through March

31, 1999:

Manufacturer/exporter

WeightedAverage

Margin

(percent)

China Steel Corporation ............. 14.97

All Others .................................... 14.97

ITC Notification

In accordance with section 735(d) of

the Act, we have notified the

International Trade Commission (ITC) of

our determination. As our final

determination is affirmative, the ITC

will determine, within 45 days, whether

these imports are causing material

injury, or are a threat of material injury,

to an industry in the United States. If

the ITC determines that material injury

or threat of injury does not exist, the

proceeding will be terminated and all

securities posted will be refunded or

canceled. If the ITC determines that

such injury does exist, the Department

will issue an antidumping order

directing Customs officials to assess

antidumping duties on all imports of the

subject merchandise entered, or

withdrawn from warehouse for

consumption on or after the effective

date of the suspension of liquidation.

The Department will also instruct the

Customs Service to regard cold-rolled

steel products manufactured by Tokkin,

as described in the Decision

Memorandum, to be of Japanese origin,

and to terminate the suspension of

liquidation of such products with

respect to this proceeding. If the

Department finds that Tokkin exports to

the United States cold-rolled steel that

the Department determines to be of

Taiwan origin, those entries will be

subject to the ‘‘all others’’ rate in this

investigation.

This determination is issued and

published in accordance with sections

735(d) and 777(i)(1) of the Act.

Dated: May 22, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

Appendix

Issues Covered in Decision Memorandum

1. Country of Origin

2. Rejection of CSC’s Special Incentive

Program Discounts

3. Re-coding of certain CSC home market

sales

4. Adverse inference for CSC’s stevedoring

expenses

5. Adverse inference for CSC’s home

market warranty expenses

6. Materials—scrap recovery

7. Materials—inventory valuation

adjustments

8. General and administrative expense

9. General and administrative expense and

financial expense ratios

34660 Federal Register / Vol. 65, No. 105 / Wednesday, May 31, 2000 / Notices

10. Exchange gains and losses

11. Non-operating income and expenses

12. Scrap revenue

13. Short-term interest income

[FR Doc. 00–13580 Filed 5–30–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–854]

Final Determination of Sales at Less

Than Fair Value: Certain Cold-Rolled

Flat-Rolled Carbon Quality Steel

Products From The People’s Republic

of China

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final determination of

sales at less than fair value.

EFFECTIVE DATE: May 31, 2000.

FOR FURTHER INFORMATION CONTACT:

Carrie Blozy, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue N.W.,

Washington, DC 20230; telephone: (202)

482–0165.

The Applicable Statute

Unless otherwise indicated, all

citations to the statute are references to

the provisions effective January 1, 1995,

the effective date of the amendments

made to the Tariff Act of 1930 (the Act)

by the Uruguay Round Agreements Act

(URAA). In addition, unless otherwise

indicated, all citations to the

Department’s regulations are to the

regulations at 19 CFR part 351 (April

1999).

Final Determination

We determine that certain cold-rolled

flat-rolled carbon quality steel products

(‘‘cold-rolled steel’’) from the People’s

Republic of China (‘‘PRC’’) is being, or

is likely to be, sold in the United States

at less than fair value (‘‘LTFV’’), as

provided in section 735 of the Act. The

estimated margin of sales are shown in

the ‘‘Continuation of Suspension of

Liquidation’’ section of this notice.

Case History

We published in the Federal Register

the preliminary determination in this

investigation on January 7, 2000. See

Notice of Preliminary Determination of

Sales at Less Than Fair Value and

Postponement of Final Determination:

Cold-Rolled Flat-Rolled Carbon-Quality

Steel Products from the People’s

Republic of China, 65 FR 1117 (January

7, 2000) (‘‘Preliminary Determination’’).

Since the publication of the Preliminary

Determination, the following events

have occurred.

The Department issued supplemental

questionnaires to Shanghai Baosteel

Group Corporation (‘‘Baosteel’’) on

February 14 and 29, 2000. Baosteel filed

submissions on January 7, January 18,

February 28, and March 14, 2000. The

Department began its verification of

Baosteel’s sales and factor of production

questionnaire responses on March 13,

2000. On March 16, 2000, Mr. Chen

Delin, Vice-Director of the Legal

Department of Baosteel, advised the

verifiers that Baosteel was terminating

the verification as a result of competing

demands on Baosteel’s time.

Additionally, counsel for Baosteel

requested that the verifiers return all

documentation that had been provided

by Baosteel in support of the

Department’s review of certain areas of

Baosteel’s response. Therefore, the

verification team immediately

terminated the verification and returned

all documents collected during the

course of verification to Baosteel’s

counsel. See Memorandum For Edward

Yang; ‘‘Verification of Sales and Factors

of Production for Shanghai Baosteel

Group Corporation (Baosteel) in the

Antidumping Duty Investigation of

Certain Cold-Rolled Flat-Rolled Carbon

Quality Steel Products from the People’s

Republic of China,’’ (March 22, 2000).

This memorandum and all other

Departmental memoranda referred to

herein, are on file in the Central Records

Unit, room B–099 of the main

Commerce building.

On March 29, 2000, petitioners

(Bethlehem Steel Corporation, Ispat

Inland Inc., LTV Steel Company, Inc.,

National Steel Corporation, and U.S.

Steel Group, a unit of USX Corporation,

(collectively ‘‘petitioners’’) submitted

their case brief with respect to Baosteel.

Baosteel did not submit any comments.

Period of Investigation

The period of investigation is October

1, 1998, through March 31, 1999.

Analysis of Comment Received

All issues raised in the case brief by

parties to this investigation are

addressed in the ‘‘Issues and Decision

Memorandum’’ (‘‘Decision

Memorandum’’) from Joseph A.

Spetrini, Deputy Assistant Secretary,

Import Administration, to Troy H.

Cribb, Acting Assistant Secretary for

Import Administration, dated May 22,

2000, which is hereby adopted by this

notice. A list of the issues which parties

have raised and to which we have

responded, all of which are in the

Decision Memorandum, is attached to

this notice as an Appendix. Parties can

find a complete discussion of all issues

raised in this investigation and the

corresponding recommendations in this

public memorandum which is on file in

B–099. In addition, a complete version

of the Decision Memorandum can be

accessed directly on the World Wide

Web at www.ita.doc.gov/

import_admin/records/frn/. The paper

copy and electronic version of the

Decision Memorandum are identical in

content.

Scope of Investigation

For a description of the scope of this

investigation, see the ‘‘Scope of

Investigation’’ section of the Decision

Memorandum, which is on file in B–099

and available on the Web at

www.ita.doc.gov/ import_admin/

records/frn/.

Use of Facts Available

For a discussion of our application of

facts available, see the ‘‘Facts Available’’

section of the Decision Memorandum,

which is on file in B–099 and available

on the Web at www.ita.doc.gov/

import_admin/records/frn/.

Continuation of Suspension of

Liquidation

In accordance with section

735(c)(1)(B) of the Act, we are directing

the Customs Service to continue to

suspend liquidation of all entries of

subject merchandise from the PRC, that

are entered, or withdrawn from

warehouse, for consumption on or after

January 7, 2000 (the date of publication

of the Preliminary Determination in the

Federal Register). The Customs Service

shall continue to require a cash deposit

or posting of a bond equal to the

estimated amount by which the normal

value exceeds the U.S. price as shown

below. These suspension of liquidation

instructions will remain in effect until

further notice.

The weighted-average dumping

margin is as follows:

Manufacturer/exporter

Weightedaverage

margin

(percent)

PRC-Wide rate ......................... 23.72

ITC Notification

In accordance with section 735(d) of

the Act, we have notified the

International Trade Commission (‘‘ITC’’)

of our determination. As our final

determination is affirmative, the ITC

will, within 45 days, determine whether

these imports are materially injuring, or