6162 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Notices

discussed above, we are comparing

home market and U.S. sales in the same

month. For the same reason, we have

used the daily exchange rates for

currency conversion purposes. See, e.g.,

Certain Porcelain on Steel Cookware

From Mexico: Final Results of

Antidumping Duty Administrative

Review, 62 FR 42496, 42503 (August 7,

1997) and Notice of Final Determination

of Sales at Less Than Fair Value:

Certain Pasta From Turkey, 61 FR 30309

(June 14, 1996).

Preliminary Results of Review

As a result of our review, we

preliminarily determine that the

following margins exist for the period

May 1, 1998, through April 30, 1999:

Manufacturer/exporter Margin

(percent)

Borusan ...................................... 0.48

Pursuant to 19 CFR 351.224(b), the

Department will disclose to parties to

the proceeding within five (5) days after

the date of publication of this notice any

calculations performed in connection

with these preliminary results.

Any interested party may request a

hearing within 10 days of the date of

publication. Any hearing, if requested,

will be held 44 days after the date of

publication, or the first workday

thereafter. Interested parties may submit

case briefs within 30 days of the date of

publication. Rebuttal briefs, limited to

issues raised in the case briefs, may be

filed not later than 37 days after the date

of publication. The Department will

publish a notice of the final results of

this administrative review, which will

include the results of its analysis of

issues raised in any such written

comments.

The Department shall determine, and

the U.S. Customs Service shall assess,

antidumping duties on all appropriate

entries. In accordance with 19 CFR

351.212(b)(1), we have calculated

importer-specific assessment rates by

dividing the dumping margin found on

the subject merchandise examined by

the entered value of such merchandise.

Upon completion of this review, the

Department will issue appraisement

instructions directly to the U.S. Customs

Service.

Furthermore, the following deposit

rates will be effective upon publication

of the final results of this administrative

review for all shipments of pipe and

tube from Turkey entered, or withdrawn

from warehouse, for consumption on or

after the publication date, as provided

by section 752(a)(2)(c) of the Act: (1)

The cash deposit rate for Borusan will

be the rate established in the final

results of this review, except if the rate

is less than 0.5 percent and, therefore,

de minimis within the meaning of

section 733(b)(3) of the Act, the cash

deposit will be zero; (2) for previously

reviewed or investigated companies not

listed above, the cash deposit rate will

continue to be the company-specific rate

published for the most recent period; (3)

if the exporter is not a firm covered in

this review, a prior review, or the

original less-than-fair-value (LTFV)

investigation, but the manufacturer is,

the cash deposit rate will be the rate

established for the most recent period

for the manufacturer of the

merchandise; and (4) if neither the

exporter nor the manufacturer is a firm

covered in this or any previous review

conducted by the Department, the cash

deposit rate will be 14.74 percent, the

‘‘all others’’ rate established in the LTFV

investigation.

These cash deposit requirements,

when imposed, shall remain in effect

until publication of the final results of

the next administrative review.

This notice serves as a preliminary

reminder to importers of their

responsibility under 19 CFR

351.402(f)(2) to file a certificate

regarding the reimbursement of

antidumping duties prior to liquidation

of the relevant entries during this

review period. Failure to comply with

this requirement could result in the

Secretary’s presumption that

reimbursement of antidumping duties

occurred and the subsequent assessment

of double antidumping duties.

This administrative review and notice

are in accordance with section 751(a)(1)

of the Act (19 U.S.C. 1675(a)(1)).

Dated: January 31, 2000.

Holly A. Kuga,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–2846 Filed 2–7–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[C–580–818]

Cold Rolled and Corrosion-Resistant

Carbon Steel Plate From the Republic

of Korea: Rescission of Countervailing

Duty Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Rescission of

Countervailing Duty Administrative

Review.

SUMMARY: On September 24, 1999, in

response to a request from petitioner

and respondents, the Department of

Commerce initiated an administrative

review of the countervailing duty order

on cold rolled and corrosion-resistant

carbon steel plate from the Republic of

Korea. The review covers the period

January 1, 1998 through December 31,

1998. In accordance with 19 CFR

351.213(d)(1), the Department is now

rescinding this review because the

petitioner and respondents have

withdrawn their requests for review.

EFFECTIVE DATE: February 8, 2000.

FOR FURTHER INFORMATION CONTACT: Eric

B. Greynolds or Tipten Troidl, AD/CVD

Enforcement, Group II, Office VI, Import

Administration, U.S. Department of

Commerce, Room 4012, 14th Street and

Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone

(202) 482–2786.

SUPPLEMENTARY INFORMATION: On August

31, 1999, the Department received

requests for an administrative review of

the countervailing duty order on cold

rolled and corrosion-resistant carbon

steel plate from the Republic of Korea

from Weirton Steel Corporation

(petitioner) and Pohang Iron & Steel Co.,

Ltd., Dongbu Steel Co., Ltd., and Union

Steel Manufacturing Co., Ltd.

(respondents), for the period January 1,

1998 through December 31, 1998. On

October 1, 1999, the Department

published in the Federal Register (64

FR 53318) a notice of ‘‘Initiation of

Countervailing Duty Administrative

Review’’ initiating the administrative

review. On January 4, 2000, petitioner

withdrew its request for review. On

January 6, 2000, respondents withdrew

their request for review.

The applicable regulation, 19 CFR

351.213(d)(1), states that if a party that

requested an administrative review

withdraws the request within 90 days of

the date of publication of the notice of

initiation of the requested review, the

Secretary will rescind the review. In this

case, the parties to the proceeding did

not withdraw their requests within the

90 day period. However, our regulations

state that the Secretary may extend the

time limit if the Secretary decides that

it is reasonable to do so. Since both

parties have requested to withdraw and

because their requests were made

shortly after the 90 day period, we find

it reasonable to accept parties’

withdrawals of their requests for review.

No other interested party requested a

review, and we have received no other

submissions regarding parties’

withdrawals of their requests for review.

Therefore, we are rescinding this review

of the countervailing duty order on cold

Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Notices 6163

1See Industrial Phosphoric Acid from Israel:

Final Results and Partial Recission of

Countervailing Duty Administrative Review, 64 FR

49460 (September 12, 1999).

2See October 8,1999, ‘‘WTO Interim Panel Finds

Against U.S. CVD Rules on Privatization,’’ 17 Inside

U.S. Trade No. 140 at 4.

rolled and corrosion-resistant carbon

steel flat products from the Republic of

Korea covering the period January 1,

1998, through December 31, 1998.

This notice is published in

accordance with 19 CFR 351.213(d)(4).

Dated: January 27, 2000.

Holly A. Kuga,

Acting Deputy Assistant Secretary for Import

Administration.

[FR Doc. 00–2842 Filed 2–7–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[C–508–605]

Final Results of Full Sunset Review:

Industrial Phosphoric Acid From Israel

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of full

sunset review: Industrial phosphoric

acid from Israel.

SUMMARY: On September 27, 1999, the

Department of Commerce (‘‘the

Department’’) published in the Federal

Register (64 FR 51954) the preliminary

results of the full sunset review of the

countervailing duty order on industrial

phosphoric acid from Israel pursuant to

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

as amended (‘‘the Act’’). We provided

interested parties an opportunity to

comment on our preliminary results and

received comments filed on behalf of

domestic and respondent interested

parties. As a result of this review, the

Department finds that revocation of the

countervailing duty order would be

likely to lead to continuation or

recurrence of a countervailable subsidy.

The net countervailable subsidy and the

nature of the subsidy are identified in

the Final Results of Review section of

this notice.

FOR FURTHER INFORMATION CONTACT:

Kathryn B. McCormick or Melissa G.

Skinner, Office of Policy for Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th & Constitution, N.W.,

Washington, D.C. 20230; telephone:

(202) 482–1930 or (202) 482–1560,

respectively.

EFFECTIVE DATE: February 8, 2000.

Statute and Regulations

This review was conducted pursuant

to sections 751(c) and 752 of the Act.

The Department’s procedures for the

conduct of sunset reviews are set forth

in Procedures for Conducting Five-year

(‘‘Sunset’’) Reviews of Antidumping and

Countervailing Duty Orders, 63 FR

13516 (March 20, 1998) (‘‘Sunset

Regulations’’) and in 19 CFR Part 351

(1999) in general. 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 Fiveyear (‘‘Sunset’’) Reviews of

Antidumping and Countervailing Duty

Orders; Policy Bulletin, 63 FR 18871

(April 16, 1998) (‘‘Sunset Policy

Bulletin’’).

Scope

This order covers shipments of

industrial phosphoric acid (‘‘IPA’’) from

Israel. According to the final results of

the Department’s most recent

administrative review, the merchandise

subject to this order is currently

classifiable under item number

2809.20.00 of the Harmonized Tariff

Schedule of the United States

(‘‘HTSUS’’). 1 Although the HTSUS

subheading is provided for convenience

and customs purposes, the written

description remains dispositive.

Background

On September 27, 1999, the

Department published in the Federal

Register the Preliminary Results of Full

Sunset Review: Industrial Phosphoric

Acid from Israel (64 FR 51954). In our

preliminary results, we found that

revocation of the order would be likely

to lead to continuation or recurrence of

a countervailable subsidy. Further, we

found the net countervailable subsidy

likely to prevail if the order were

revoked to be 10.93 percent for Haifa

Chemicals Ltd. (‘‘Haifa’’) and 5.97

percent for ‘‘all others.’’ On November 16, 1999, we received

a case brief on behalf of Albright and

Wilson Americas Inc., FMC

Corporation, and Solutia Inc.

(collectively, ‘‘domestic interested

parties’’), within the deadline specified

in 19 CFR 351.309(c)(1)(i). We also

received a case brief on behalf of the

Government of Israel (‘‘GOI’’) and

Rotem Amfert Negev Ltd. (‘‘Rotem’’)

(collectively, ‘‘respondent interested

parties’’). On November 23, 1999,

within the deadline specified in 19 CFR

351.309(d), the Department received

rebuttal comments from domestic and

respondent interested parties. We have

addressed the comments below.

Although the deadline for this

determination was originally January

25, 2000, due to the Federal

Government shutdown on January 25

and 26, 2000, resulting from inclement

weather, the timeframe for issuing this

determination has been extended by

three days.

Comments

Comment 1

The domestic interested parties assert

that the Department correctly concluded

in its preliminary results that revocation

of the order would likely lead to

continuation or recurrence of a

countervailable subsidy, and further,

that this conclusion is appropriate for

the final results in light of the results in

the recently completed eleventh

administrative review (see November

16, 1999, Case Brief of domestic

interested parties at 5).

The respondent interested parties

argue that, because of a recent WTO

interim panel determination that

privatization extinguishes prior nonrecurring subsidies, 2 and because the

Department has verified in the last

several reviews the GOI’s intention to

fully privatize Rotem, the Department

should reconsider its preliminary

results and find that revocation of the

order on Rotem will not lead to

continuation of their benefits from

subsidies (see November 16, 1999, Case

Brief of respondent interested parties at

2). They claim that, whereas the

privatization of Rotem was 68.48

percent complete as of the last

administrative review, today, it is

approximately 98 percent complete. Id.

Therefore, the Department’s calculation

of the countervailing duty applicable to

Rotem, which assumes that most prior,

non-recurring subsidies are passed

through to the new owners, is contrary

to the WTO dispute panel

determination. Id.

In rebuttal, the domestic interested

parties argue that the WTO finding

noted by respondent interested parties

is neither relevant nor binding, and

there is no reason why the Department

should alter its reasoning as a result of

an unadopted interim panel report with

no legal status in U.S. domestic

proceedings (see November 23, 1999,

Rebuttal of Case Brief of domestic

interested parties at 2). Further, they

argue that the report apparently

concludes that the United States should

not assume, in an administrative review,

that the sale of a company to private

bidders automatically terminates the

subsidies the company received when it

was government-owned, and that the

United States should recalculate anew