[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Notices]
[Pages 41433-41434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16951]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-811; A-588-831]


Grain-Oriented Electrical Steel From Italy and Japan; Final 
Results of Expedited Sunset Reviews of Antidumping Duty Orders

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

ACTION: Notice of final results of expedited sunset reviews: grain-
oriented electrical steel from Italy and Japan.

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SUMMARY: On December 1, 1999, the Department of Commerce (``the 
Department'') initiated sunset reviews of the antidumping duty orders 
on grain-oriented electrical steel (``GOES'') from Italy and Japan (64 
FR 67247) pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act''). On the basis of notices of intent to participate 
and adequate substantive responses filed on behalf of domestic 
interested parties and inadequate response from respondent interested 
parties (in these cases, no response), the Department determined to 
conduct expedited reviews. As a result of these reviews, the Department 
finds that revocation of the antidumping duty orders would likely lead 
to continuation or recurrence of dumping at the levels indicated in the 
Final Results of Reviews section of this notice.

EFFECTIVE DATE: July 5, 2000.

FOR FURTHER INFORMATION CONTACT: Kathryn B. McCormick or James Maeder, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1930 or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    Unless otherwise indicated, all citations to 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 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's Policy 
Bulletin 98.3--Policies Regarding the Conduct of Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 
63 FR 18871 (April 16, 1998) (``Sunset Policy Bulletin'').

Scope of Reviews

    The scope of these reviews includes GOES, which is a flat-rolled 
alloy steel product containing by weight at least 0.6 percent of 
silicon, not more than 0.08 percent of carbon, not more than 1.0 
percent of aluminum, and no other element in an amount that would give 
the steel the characteristics of another alloy steel, of a thickness of 
no more than 0.56 millimeters, in coils of any width, or in straight 
lengths which are of a width measuring at least 10 times the thickness, 
as currently classifiable in the Harmonized Tariff Schedule of the 
United States (``HTS'') under item numbers 7225.10.0030, 7226.10.1030, 
7226.10.5015, and 7226.10.5056. Although the HTS subheadings are 
provided for convenience and customs purposes, our written descriptions 
of the scope of these proceedings are dispositive.

Background

    On December 1, 1999, the Department initiated the sunset reviews of 
the antidumping duty orders on GOES from Italy and Japan (64 FR 67247), 
pursuant to section 751(c) of the Act. The Department received a notice 
of intent to participate in these cases on behalf of Allegheny Ludlum 
Corporation (``Allegheny Ludlum''), AK Steel Corporation (``AK 
Steel''), Butler Armco Independent Union, the United Steelworkers of 
America AFL-CIO/CLC, and the Zanesville Armco Independent Union 
(collectively, ``domestic interested parties''), within the applicable 
deadline (December 16, 1999) specified in 19 CFR 351.218(d)(1)(i). 
Additionally, on December 16, 1999, Acciai Speciali Terni S.p.A. and 
Acciai Speciali Terni USA Inc. (together, ``AST'') submitted an entry 
of appearance in the Italian proceeding and, pursuant to 19 CFR 
351.305(b), an application for access to business proprietary 
information under administrative protect order.
    Allegheny Ludlum and AK Steel claimed interested-party status under 
section 771(9)(C) of the Act, as U.S. producers of a domestic like 
product. The unions listed above are interested parties, pursuant to 
771(9)(D), because they are certified or recognized unions or groups of 
workers representative of the industry engaged in the manufacture, 
production, or wholesale in the United States of the domestic like 
product.
    Domestic interested parties state that Allegheney Ludlum, Armco 
Inc. (``Armco''), United Steel Workers of America, Butler Armco 
Independent Union, and Zanesville Armco Independent Union were the 
petitioners in the initial investigation of GOES from Italy and 
participated in the only completed administrative review of the Italian 
order (see January 3, 2000, substantive response of domestic interested 
parties at 5). Armco was not a petitioner in the case concerning GOES 
from Japan because Armco had certain technical relationships with a 
Japanese producer of GOES at the time that it wanted to preserve. 
However, the relationship terminated prior to AK Steel's acquisition of 
Armco, on September 30, 1999, when it assumed control of Armco's 
production of GOES. Id. Accordingly, AK Steel, as the successor of 
Armco, has replaced Armco as a domestic interested party for purposes 
of these sunset reviews and all other administrative reviews. Id.

[[Page 41434]]

    On January 3, 2000, we received a complete substantive response 
from domestic interested parties, within the 30-day deadline specified 
in the Sunset Regulations under 19 CFR 351.218(d)(3)(i). Although we 
received an entry of appearance from AST in the Italian review, AST did 
not submit a substantive response. Therefore, without a substantive 
response from respondent interested parties in the Italian and Japanese 
reviews, the Department, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2), determined to conduct expedited, 
120-day reviews of these orders. On February 9, 2000, we received 
domestic interested parties' comments in support of the Department's 
decision to conduct expedited reviews of the antidumping duty orders on 
GOES from Italy and Japan (see February 9, 2000, domestic interested 
parties' comments on adequacy at 3).
    In accordance with section 751(c)(5)(C)(v) of the Act, the 
Department may treat a review as extraordinarily complicated if it is a 
review of a transition order (i.e., an order in effect on January 1, 
1995). These reviews concern transition orders within the meaning of 
section 751(c)(6)(C)(ii) of the Act. Accordingly, on April 6, 2000, the 
Department determined that the sunset reviews of GOES from Italy and 
Japan are extraordinarily complicated, and extended the time limit for 
completion of the final results of these reviews until not later than 
June 28, 2000 (65 FR 18058), in accordance with section 751(c)(5)(B) of 
the Act.

Analysis of Comments Received

    All issues raised in the substantive responses by parties to these 
sunset reviews 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 28, 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 these orders revoked. Parties can 
find a complete discussion of all issues raised in these reviews 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 Reviews

    As a result of these reviews, we determine that revocation of the 
antidumping duty orders on GOES from Italy and Japan would be likely to 
lead to continuation or recurrence of dumping at the following 
percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporters                     (percent)
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Italy:
    ILVA S.p.A.............................................        60.79
    Acciai Speciali Terni, S.r.I...........................        60.79
    All Others.............................................        60.79
Japan:
    Kawasaki Steel Corporation.............................        31.08
    Nippon Steel Corporation...............................        31.08
    All Others.............................................        31.08
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    This notice also serves as the only reminder to parties subject to 
APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305 of the Department's regulations. Timely 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.
    These reviews and notice are in accordance with sections 751(c), 
752, and 777(i)(1) of the Act.

    Dated: June 22, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-16951 Filed 7-3-00; 8:45 am]
BILLING CODE 3510-DS-P