Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Notices 41051

EFFECTIVE DATE: July 3, 2000.

Statute and Regulations

Unless otherwise indicated, all

citations to the Act of 1930 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 regulations are to 19 CFR

part 351 (1999). Guidance on

methodological or analytical issues

relevant to the Department’s conduct of

sunset reviews is set forth in the

Department Policy Bulletin 98:3—

Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of

Antidumping and Countervailing Duty

Orders; Policy Bulletin, 63 FR 18871

(April 16, 1998) (Sunset Policy

Bulletin).

Background

On February 28, 2000, the Department

published in the Federal Register a

notice of preliminary results of the

suspended antidumping duty

investigation on gray portland cement

and cement clinker from Venezuela

pursuant to section 751(c) of the Act. In

our preliminary results, we determined

that termination of the suspended

antidumping duty investigation would

be likely to lead to continuation or

recurrence of dumping. In addition, we

preliminarily determined that the

following weighted-average dumping

margins are likely to prevail if the order

were revoked: 50.02 percent for

Venezolana de Cementos, S.A.C.A.

(‘‘Vencemos’’); 49.20 percent for

Cementos Caribe, C.A. (‘‘Caribe’’); and

49.26 percent for all others.

Only domestic interested parties

submitted a case brief within the

deadline specified in 19 CFR

351.309(c)(1)(i). (See domestic

interested parties’ April 10, 2000, case

brief.)

Scope of Review

The products covered by this order

include gray portland cement and

cement clinker (‘‘portland cement’’)

from Venezuela. Gray portland cement

is a hydraulic cement and the primary

component of concrete. Clinker, an

intermediate material product produced

when manufacturing cement, has no use

other than of being ground into finished

cement. Oil well cement is also

included within the scope of the

investigation. Gray portland cement is

currently classifiable under the

Harmonized Tariff Schedule (‘‘HTS’’)

item number 2523.29 and cement

clinker is currently classifiable under

HTS item number 2523.10. Gray

portland cement has also been entered

under HTS item number 2523.90 as

other hydraulic cements. The HTS

subheadings are provided for

convenience and customs purposes

only. Our written description of the

scope of the proceeding is dispositive.

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this sunset

review are addressed in the ‘‘Issues and

Decision Memorandum’’ (‘‘Decision

Memo’’) from Jeffrey A. May, Director,

Office of Policy, Import Administration,

to Troy H. Cribb, Acting Assistant

Secretary for Import Administration,

dated June 27, 2000, which is hereby

adopted by this notice. The issues

discussed in the Decision Memo include

the likelihood of continuation or

recurrence of dumping and the

magnitude of the margin likely to

prevail were the order revoked. Parties

can find a complete discussion of all

issues raised in this review and the

corresponding recommendations in this

public memorandum which is on file in

the Central Records Unit, room B–099,

of the main Commerce Building.

In addition, a complete version of the

Decision Memo can be accessed directly

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

import_admin/records/frn/. The paper

copy and electronic version of the

Decision Memo are identical in content.

Final Results of Review

We determine that termination of the

suspended antidumping duty

investigation on portland cement from

Venezuela would be likely to lead to

continuation or recurrence of dumping

at the following percentage weightedaverage margins:

Manufacturer/exporter Margin

(percent)

Vencemos ................................. 50.02

Caribe ....................................... 49.20

All others ................................... 49.26

This notice also serves as the only

reminder to parties subject to

administrative protective orders

(‘‘APO’’) of their responsibility

concerning the return or disposition of

proprietary information disclosed under

APO in accordance with 19 CFR

351.305 of the Department’s regulations.

Timely written notification of the return

or destruction of APO materials or

conversion to judicial protective order is

hereby requested. Failure to comply

with the regulations and terms of an

APO is a violation which is subject to

sanction.

This five-year (‘‘sunset’’) review and

notice are in accordance with sections

751(c), 752, and 777(i)(1) of the Act.

Dated: June 27, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–16793 Filed 6–30–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[C–580–842]

Final Affirmative Countervailing Duty

Determination: Structural Steel Beams

From the Republic of Korea

AGENCY: Import Administration,

International Trade Administration

Department of Commerce.

ACTION: Notice of final affirmative

countervailing duty investigation.

SUMMARY: On December 14, 1999, the

Department of Commerce (the

Department) published in the Federal

Register its preliminary results of the

countervailing duty investigation of

structural steel beams from the Republic

of Korea for the period January 1, 1998,

through December 31, 1998.

Based on our analysis of the

comments received, we have made

changes to the net subsidy rates.

Therefore the net subsidy rates in the

Final Determination differ from those of

the Preliminary Determination. The

final net subsidy rates for the reviewed

companies are listed below in the

‘‘Suspension of Liquidation’’ section of

this notice.

EFFECTIVE DATE: July 3, 2000.

FOR FURTHER INFORMATION CONTACT: Eric

B. Greynolds or Tipten Troidl, Office of

AD/CVD Enforcement VI, Import

Administration, U.S. Department of

Commerce, Room 4012, 14th Street and

Constitution Avenue, NW, Washington,

DC 20230; telephone (202) 482–2786.

Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the statute are references to

the provisions of the Tariff Act of 1930,

as amended by the Uruguay Round

Agreements Act (URAA) effective

January 1, 1995 (the Act). In addition,

unless otherwise indicated, all citations

to the Department’s regulations are to

the current regulations as codified at 19

CFR part 351 (1999).

Background

On December 14, 1999, the

Department published the results of its

41052 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Notices

Preliminary Determination in the

investigation of structural steel beams

from the Republic of Korea. See

Preliminary Negative Countervailing

Duty Determination and Alignment of

Final Countervailing Duty

Determination With Final Antidumping

Duty Determination: Structural Steel

Beams From the Republic of Korea, 64

FR 69731 (December 14, 1999)

(Preliminary Determination). We invited

interest parties to comment on the

Preliminary Determination. On June 14,

2000, case briefs were submitted by

respondents and petitioners. Also, on

June 14, 2000, petitioners withdrew

their January 13, 2000, request for a

hearing. No other interested party

requested a hearing. On June 19, 2000,

rebuttal briefs were submitted by

petitioners and respondents.

This investigation covers three

manufactures/exporters: Kangwon

Industries Ltd. (Kangwon), Inchon Iron

and Steel Co., Ltd. (Inchon), and

Dongkuk Steel Mill Co., Ltd. (DSM).

This investigation also covers four

trading companies: Hyosung

Corporation (Hyosung), Sampyo

Corporation (Sampyo), Hyundai

Corporation (Hyundai), and Dongkuk

Industries Co. (DKI). This investigation

covers the period January 1, 1998,

through December 31, 1998, and thirtyfour programs.

Scope of the Investigation

For purposes of this investigation, the

products covered are doubly-symmetric

shapes, whether hot-or cold-rolled,

drawn, extruded, formed or finished,

having at least one dimension of at least

80 mm (3.2 inches or more), whether of

carbon or alloy (other than stainless)

steel, and whether or not drilled,

punched, notched, painted, coated, or

clad. These products (Structural Steel

Beams) include, but are not limited to,

wide-flange beams (W shapes), bearing

piles (HP shapes), standard beams (S or

I shapes), and M-shapes.

All products that meet the physical

and metallurgical descriptions provided

above are within the scope of this

investigation unless otherwise

excluded. The following products, are

outside and/or specifically excluded

from the scope of this investigation:

Structural steel beams greater than 400

pounds per linear foot or with a web or

section height (also known as depth)

over 40 inches.

The merchandise subject to these

investigations is classified in the

Harmonized Tariff Schedule of the

United States (HTSUS) at subheadings:

7216.32.0000, 7216.33.0030,

7216.33.0060, 7216.33.0090,

7216.50.0000, 7216.61.0000,

7216.69.0000, 7216.91.0000,

7216.99.0000, 7228.70.3040,

7228.70.6000.

Although the HTSUS subheadings are

provided for convenience and Customs

purposes, the written description of the

merchandise under investigation is

dispositive.

Verification

In accordance with section 782(i) of

the Act, we verified the information

used in making our Final

Determination. We followed standard

verification procedures, including

meeting with government and company

officials, and examining relevant

accounting records and original source

documents. Our verification results are

outlined in detail in the public versions

of the verification reports, which are on

file in the Central Records Unit of the

Department of Commerce (Room B–

099).

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this

countervailing duty investigation are

addressed in the ‘‘Issues and Decision

Memorandum’’ (Decision

Memorandum) from Holly A. Kuga,

Acting Deputy Assistant Secretary,

Import Administration, to Troy H.

Cribb, Acting Assistant Secretary for

Import Administration, dated June 26,

2000, which is hereby adopted by this

notice. A list of issues which parties

have raised and to which we have

responded is in the Decision

Memorandum and is attached to this

notice as Appendix I. 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

room B–099 of the Main Commerce

Building. 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, under the

heading ‘‘Republic of Korea.’’ The paper

copy and electronic version of the

Decision Memorandum are identical in

content.

Changes Since the Preliminary

Determination

Based on our analysis of the record

and comments received, we have made

certain changes to the net subsidy rate.

As a result of the changes, the net

subsidy rates of Kangwon and DSM are

above de minimis. All changes made

since the Preliminary Determination are

discussed in the relevant sections of the

Decision Memorandum.

Suspension of Liquidation

In accordance with section

703(d)(1)(A)(i) of the Act, we calculated

an individual subsidy rate for Kangwon,

Inchon, and DSM, manufacturers of

subject merchandise. We determine that

the total estimated net subsidy rates are

as follows:

Company Net subsidy rate

Inchon ....................... 0.15 percent ad valorem

Kangwon ................... 3.88 percent ad valorem

DSM .......................... 1.34 percent ad valorem

All Others Rate ......... 3.87 percent ad valorem

With respect to Inchon, its estimated

net countervailable subsidy rate is de

minimis. Therefore, we determine that

no countervailable subsidies are being

provided to Inchon for its production or

exportation of structural steel beams. In

accordance with section 705(c)(5)(A)(i)

of the Act, we calculated an all-others

rate, which is an amount equal to the

weighted-average countervailable

subsidy rates established for exporters

and producers individually

investigated, excluding any zero and de

minimis countervailable subsidy rates.

On this basis, we determined the allothers rate listed in the table above.

Because Inchon has a de minimis rate,

it will be excluded from any suspension

of liquidation.

In accordance with section

705(c)(1)(C) of the Act, we will instruct

the U.S. Customs Service to suspend

liquidation under section 703(d) of the

Act for all entries of subject

merchandise from Korea, except for

Inchon, which are entered or withdrawn

from warehouse, for consumption on or

after the date of the publication of this

notice in the Federal Register, and will

require a cash deposit of estimated

countervailing duties for such entries of

the merchandise in the amounts

indicated above. If the ITC determines

that material injury, or threat of material

injury, does not exist, this proceeding

will be terminated and all estimated

duties deposited or securities posted as

a result of the suspension of liquidation

will be refunded or canceled.

ITC Notification

In accordance with section 705(d) of

the Act, we will notify the ITC of our

determination. In addition, we are

making available to the ITC all nonprivileged and non-proprietary

information related to this investigation.

We will allow the ITC access to all

privileged and business proprietary

Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Notices 41053

information in our files, provided that

the ITC confirms that it will not disclose

such information, either publicly or

under an administrative protective

order, without the written consent of the

Assistant Secretary for Import

Administration.

If the ITC determines that material

injury, or threat of material injury, does

not exist, these proceedings will be

terminated. If however, the ITC

determines that such injury does exist,

we will issue a countervailing duty

order.

Return or Destruction of Proprietary

Information

In the event that the ITC issues a final

negative injury determination, this

notice will serve as the only reminder

to parties subject to Administrative

Protective Order (APO) of their

responsibility concerning the

destruction of proprietary information

disclosed under APO in accordance

with 19 CFR 351.305(a)(3). Failure to

comply is a violation of the APO.

This determination is published

pursuant to sections 705(d) and 777(i) of

the act.

Dated: June 26, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

Appendix I—Issues Discussed in

Decision Memorandum

Methodology and Background Information

I. Subsidies Valuation Information

A. Allocation Period

B. Treatment of Subsidies Received by

Trading Companies

C. Benchmark Interest Rates and Discount

Rates

D. Creditworthiness

Analysis of Programs

I. Programs Conferring Subsidies

A. The Government of Korea’s (GOK)

Direction of Credit Policies

1. The GOK’s Credit Policies Through 1991

2. The GOK’s Credit Policies from 1992

Through 1998

B. Debt Restructuring for Kangwon

C. Reserve for Export Loss Under Article 16

of the Tax Exemption and Reduction

Control Act (TERCL)

D. Reserve for Overseas Market

Development Under Article 17 of the

TERCL

E. Investment Tax Credits Under Article 25

of the TERCL

F. Asset Revaluation Under Article 56(2) of

the TERCL

G. Electricity Discounts Under the

Requested Load Adjustment Program

H. Scrap Reserve Fund

I. Export Industry Facility Loans (EIFLs)

J. Special Cases of Tax for Balanced

Development in Selected Areas Under

Article 43 of the TERCL

II. Programs Determined To Be Not

Countervailable

A. Tariff Reductions on Imported

Machinery Equipment

III. Programs Determined To Be Not Used

A. Private Capital Inducement Act

B. Tax Credit in Equipment to Develop

Technology and Manpower Under

Article 10 of the TERCL

C. Tax Credits for Vocational Training

Under Article 18 of the TERCL

D. Exemptions of Corporate Tax on

Dividend Income from Overseas

Resources Development Resources Act

Under Article 24 of the TERCL

E. Tax Credits for Investments in Specific

Facilities Under Article 26 of the TERCL

F. Tax Credits for Temporary Investments

Under Article 27 of the TERCL

G. Social Indirect Capital Investment

Reserve Funds Under Article 28 of the

TERCL

H. Energy-Savings Facilities Investment

Reserve Funds Under Article 29 of the

TERCL

I. Tax Credits for Specific Investments

Under Article 71 of the TERCL

J. Mining Investment Reserve Funds Under

Article 95 of the TERCL

K. Grants Under the Technology

Development Promotion Act

L. Highly Advanced National Project Fund

Industry Technology Development Fund

M. Short-Term Export Financing

N. Korean Export-Import Bank Loans

O. Tax Incentives for Highly Advanced

Technology Businesses

P. Special Depreciation of Assets Based on

Foreign Exchange Earnings

Q. Steel Campaign for the 21st Century

R. Excessive Duty Drawback

S. Reserve for Investment

T. Export Insurance Rates By The Korean

Export Insurance Corporation

U. Special Cases of Tax for Balanced

Development among Areas (TERCL

Articles 41, 42, 44, and 45)

V. Reserve for Investment

W. Overseas Resource Development Loan

IV. Analysis of Comments

Comment 1: Kangwon’s Creditworthiness

from 1991 through 1998

Comment 2: Countervailability of

Kangwon’s Debt for Equity Swap

Comment 3: Department Selection of

Benchmarks

Comment 4: Calculation Errors in

Preliminary Determination

Comment 5: The Suspension of Kangwon’s

Interest Payments Following the

Company’s Debt Restructuring and Its

Affect on Kangwon’s Benefit

Calculations

Comment 6: The Department’s Finding

Regarding Direction of Credit to the Steel

Industry Is Not Supported By Substantial

Evidence Or Otherwise in Accordance

With Law

Comment 7: Whether the Department Must

Find a ‘‘Casual Nexus’’ to Determine

Direction of Credit to the Steel Industry

Countervailable

Comment 8: Countervailability of the Tariff

Reductions on Imported Machinery

Equipment Program

[FR Doc. 00–16794 Filed 6–30–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Noitce of Initiation of Five-Year

(‘‘Sunset’’) Reviews

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

SUMMARY: In accordance with section

751(c) of the Tariff Act of 1930, as

amended (‘‘the Act’’), the Department of

Commerce (‘‘the Department’’) is

automatically initiating five-year

(‘‘sunset’’) reviews of the antidumping

and countervailing duty orders or

suspended investigation listed below.

The International Trade Commission

(‘‘the Commission’’) is publishing

concurrently with this notice its notices

of Institution of Five-Year Reviews

covering these same orders.

FOR FURTHER INFORMATION CONTACT: Eun

W. Cho, or James Maeder, Office of

Policy, Import Administration,

International Trade Administration,

U.S. Department of Commerce, at (202)

482–1698, or 482–3330, respectively, or

Vera Libeau, Office of Investigations,

U.S. International Trade Commission, at

(202) 205–3176.

SUPPLEMENTARY INFORMATION:

Initiation of Reviews

In accordance with 19 CFR 351.218

(see Procedures for Conducting Fiveyear (‘‘Sunset’’) Reviews of

Antidumping and Countervailing Duty

Orders, 63 FR 13516 (March 20, 1998)),

we are initiating sunset reviews of the

following antidumping and

countervailing duty orders or suspended

investigation:

DOC Case No. ITC Case No. Country Product

A–357–809 .......................... 731–TA–707 ...................... Argentina ........................... Seamless Pipe.

A–351–826 .......................... 731–TA–708 ...................... Brazil .................................. Seamless Pipe.

A–428–820 .......................... 731–TA–709 ...................... Germany ............................ Seamless Pipe.

A–475–814 .......................... 731–TA–710 ...................... Italy .................................... Seamless Pipe.