[Federal Register Volume 65, Number 209 (Friday, October 27, 2000)]
[Notices]
[Pages 64424-64426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27685]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-845]


Stainless Steel Sheet and Strip in Coils From Japan: Notice of 
Initiation and Preliminary Results of Changed Circumstance Antidumping 
Duty Review, and Intent To Revoke Order in Part

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

ACTION: Notice of initiation and preliminary results of changed 
circumstance antidumping duty review, and intent to revoke order in 
part.

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EFFECTIVE DATE: October 27, 2000.
SUMMARY: On August 17, 2000, the Department of Commerce 
(``Department'') received a request on behalf of NIPPON Metalworking 
U.S.A, (``NIPPON'') for a changed circumstance antidumping duty 
(``AD'') review and to revoke in part the AD order with respect

[[Page 64425]]

to certain nickel-clad stainless steel sheet and strip in coils from 
Japan. The Department received a letter on September 6, 2000, from 
Allegheny Ludlum, AK Steel (formerly Armco, Inc.), J&L Specialty Steel, 
Inc., North American Stainless, Butler-Armco Independent Union, 
Zanesville-Armco Independent Union, and the United Steelworkers of 
America, AFL-CIO/CLC, (``petitioners'') indicating that they do not 
oppose NIPPON's request for revocation in part of the order pursuant to 
a changed circumstance review with respect to the subject merchandise 
defined in the Scope of the Review section below. Based on this 
expression of no interest we are initiating a changed circumstance 
review and preliminarily determine that the AD order should be revoked 
in part with respect to that product.
    Interested parties are invited to comment on these preliminary 
results.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva or James C. Doyle, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington DC 20230; telephone (202) 482-6412 and (202) 482-0159, 
respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    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).

Background

    On July 27, 1999, the Department published the Notice of Amended 
Final Determination of Sales at Less Than Fair Value and Antidumping 
Duty Order on Stainless Steel Sheet and Strip in Coils from Japan (64 
FR 40565).
    On August 17, 2000, NIPPON requested revocation in part of the 
antidumping order pursuant to section 751(b)(1) of the Act and section 
351.216(b) of the Department's regulations with respect to specific 
stainless steel sheet and strip in coils from Japan, as described 
below. NIPPON further requested that revocation be effective for all 
unliquidated entries on or after the date of publication of the 
Department's January 4, 1999 preliminary less than fair value 
(``LTFV'') determination (64 FR 108). On September 6, 2000, petitioners 
indicated that they do not oppose this request for revocation in part, 
as noted above. Petitioners have no objection to the retroactive 
application of this exclusion from January 4, 1999, the date of the 
preliminary determination, forward.

Scope of the Review

    The product covered by this exclusion request is nickel-clad 
stainless steel sheet and strip in coils from Japan. This nickel clad 
stainless steel sheet must satisfy each of the following 
specifications. The sheet must: (1) Have a maximum coil weight of 1000 
pounds; (2) with a coil interior diameter of 458 mm and an outside 
diameter of 508; (3) with a thickness of .33 mm and a width of 699.4 
mm; (4) fabricated in three layers with a middle layer of grade 316L or 
UNS 531603 sheet and strip sandwiched between the two layers of nickle 
cladding, using a roll bonding process to apply the nickel coating to 
each side of the stainless steel, each nickel coating being not less 
than 99 percent nickel and a minimum .038 mm in thickness. The 
resultant nickel-clad stainless steel sheet and strip also must meet 
the following additional chemical composition requirement (by weight): 
The first layer weight is 14%, specification Ni201 or N02201, Carbon 
0.009, Sulfur 0.001, Nickel 99.97, Molybdenum 0.001, Iron 0.01, Copper 
0.001 for a combined total of 99.992. The second layer weight is 72%, 
specification 316L or UNS 513603, Carbon .02, Silicon 0.87, Manganese 
1.07, Phosphorus 0.033, Sulfur 0.001, Nickel 12.08, Chromium 17.81, 
Molybdenum 2.26, Iron 65.856 for a combined total of 100. The third 
layer is 14%, specification Ni201 or N02201, Carbon 0.01, Sulfur 0.001, 
Nickel 99.97, Molybdenum 0.001, Iron 0.01, Copper 0.001 for a combined 
total of 99.993. The weight average weight is 100%. The following is 
the weighted average: Carbon 0.01706, silicon 0.6264, Manganese 0.7704, 
Phosphorus 0.02376, Sulfur 0.001, Nickel 36.6892, Chromium 12.8232, 
Molybdenum 1.62748, Iron 47.41912, and Copper is 0.00028. The above-
described material sold as grade 316L and manufactured in accordance 
with UNS specification 531603. This material is classified at 
subheading 7219.90.00.20 of the Harmonized Tariff Schedule of the 
United States.

Initiation and Preliminary Results of Changed Circumstance AD 
Review, and Intent To Revoke Order in Part

    At the request of NIPPON, and in accordance with sections 751(b)(1) 
and 751(d)(1) of the Act and section 351.216 of the Department's 
regulations, the Department is initiating a changed circumstance review 
of stainless steel sheet and strip in coils from Japan to determine 
whether partial revocation of the antidumping order is warranted with 
respect to the stainless steel sheet and strip subject to this request. 
Section 782(h)(2) of the Act and section 351.222(g)(1)(i) of the 
Department's regulations provide that the Department may revoke an 
order (in whole or in part) if it determines that producers accounting 
for substantially all of the production of the domestic like product 
have no further interest in the order, in whole or in part. In 
addition, in the event the Department determines that expedited action 
is warranted, section 351.221(c)(3)(ii) of the regulations permits the 
Department to combine the notices of initiation and preliminary 
results.
    In accordance with section 751(b) of the Act, and sections 
351.222(g)(l)(i) and 351.221(c)(3) of the Department's regulations, we 
are initiating this changed circumstance review and have determined 
that expedited action is warranted. Our decision to expedite this 
review stems from the domestic industry's lack of interest in applying 
the antidumping order to the specific stainless steel sheet and strip 
covered by this request. Additionally, in accordance with section 
351.216(c) we find that the petitioners' affirmative statement of no 
interest constitutes good cause for the conduct of this review.
    Based on the expression of no interest by petitioners and absent 
any objection by any other domestic interested parties, we have 
preliminarily determined that substantially all of the domestic 
producers of the like product have no interest in continued application 
of the AD order to the certain nickel clad stainless steel sheet and 
strip subject to this request. Therefore, we are notifying the public 
of our intent to revoke, in part, the AD order as it relates to imports 
of the merchandise described above from Japan.

Public Comment

    Interested parties may submit case briefs and/or written comments 
no later than 14 days after the date of publication of these 
preliminary results. Rebuttal briefs and rebuttals to written comments, 
limited to issues raised in such briefs or comments, may be filed no 
later than 21 days after the date of publication. The Department will 
issue the final results of this changed circumstance review, which will 
include the results of its analysis raised in any such written 
comments, no later than 270 days after the date on which

[[Page 64426]]

this review was initiated, or within 45 days if all parties agree to 
our preliminary determination. See section 351.216(e) of the 
Department's regulations.
    If final revocation occurs, we will instruct the U.S. Customs 
Service to end the suspension of liquidation for the merchandise 
covered by the revocation effective on or after January 4, 1999, the 
date of publication of the Department's preliminary LTFV determination 
(64 FR 108) and to release any cash deposit or bond. See section 
351.222(g)(4) of the Department's regulations. The current requirement 
for a cash deposit of estimated antidumping duties on all subject 
merchandise will continue unless and until it is modified pursuant to 
the final results of this changed circumstance review.
    This initiation of review and notice are in accordance with 
sections 751(b) of the Act and 19 CFR 351.216, 351.221, and 351.222.

    Dated: October 19, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-27685 Filed 10-26-00; 8:45 am]
BILLING CODE 3510-DS-P