[Federal Register Volume 65, Number 27 (Wednesday, February 9, 2000)]
[Notices]
[Pages 6358-6359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2974]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-804, C-122-805]


Continuation of Antidumping Duty Order and Countervailing Duty 
Order: New Steel Rail From Canada

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

ACTION:  Notice of continuation of antidumping duty order and 
countervailing duty order: new steel rail from Canada.

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SUMMARY:  On December 29, and December 30, 1999, respectively, the 
Department of Commerce (``the Department''), pursuant to sections 
751(c) and 752 of the Tariff Act of 1930, as amended (``the Act''), 
determined that revocation of the antidumping duty order and 
countervailing duty order on new steel rail from Canada would likely 
lead to continuation or recurrence of dumping and a countervailable 
subsidy (64 FR 73013 (December 29, 1999) and 64 FR 73519 (December 30, 
1999), respectively). On January 26, 2000, the International Trade 
Commission (``the Commission''), pursuant to section 751(c) of the Act, 
determined that revocation of the antidumping duty order and 
countervailing duty order on new steel rail from Canada would be likely 
to lead to continuation or recurrence of material injury to an industry 
in the United States within a reasonably foreseeable time (65 FR 4261 
(January 26, 2000)). Therefore, pursuant to 19 CFR 351.218(f)(4), the 
Department is publishing this notice of the continuation of the 
antidumping duty order and countervailing duty order on new steel rail 
from Canada.

DATES:  February 9, 2000.

FOR FURTHER INFORMATION CONTACT:  Darla D. Brown or Melissa G. Skinner, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-3207 
or (202) 482-1560, respectively.

Background

    On June 1, 1999, the Department initiated, and the Commission 
instituted, sunset reviews (64 FR 23596 and 64 FR 23677, respectively) 
of the antidumping duty order and countervailing duty order on new 
steel rail from Canada pursuant to section 751(c) of the Act. As a 
result of these reviews, the Department found that revocation of the 
antidumping duty order would likely lead to continuation or recurrence 
of dumping and revocation of the countervailing duty order would likely 
lead to continuation or recurrence of a countervailable subsidy. The 
Department notified the Commission of the magnitude of the margin 
likely to prevail, the net countervailable subsidy, and the nature of 
the subsidy likely to prevail were the antidumping duty order and 
countervailing duty order revoked.\1\
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    \1\ See Final Results of Expedited Sunset Review: New Steel Rail 
from Canada, 64 FR 73013 (December 29, 1999) and Final Results of 
Expedited Sunset Review: New Steel Rail from Canada, 64 FR 73519 
(December 30, 1999) .
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    On January 26, 2000, the Commission determined, pursuant to section 
751(c) of the Act, that revocation of the antidumping duty order and 
countervailing duty order would likely lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\2\
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    \2\ See Steel Rails From Canada, Investigations Nos. 701-TA-297 
(Review) and 731-TA-422 (Review), 65 FR 4261(January 26, 2000).
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Scope

    The merchandise subject to this antidumping duty order and this 
countervailing duty order is new steel rail, whether of carbon, high 
carbon, alloy or other quality steel from Canada. Subject merchandise 
includes, but is not limited to, standard rails, all main line sections 
(at least 30 kilograms per meter or 60 pounds per yard), heat-treated 
or head-hardened (premium) rails, transit rails, contact rails (or 
``third rail'') and crane rails. Rails are used by the railroad 
industry, by rapid transit lines, by subways, in mines, and in 
industrial applications.
    Specifically excluded from the order are light rails (less than 30 
kilograms per meter or 60 pounds per yard). Also excluded from the 
order are relay rails, which are used rails taken up from primary 
railroad track and relaid in a railroad yard or on a secondary track. 
As a result of a changed circumstances review in 1996, the antidumping 
duty

[[Page 6359]]

order on new steel rail was partially revoked with regard to 100ARA-A 
new steel rail, except light rail, from Canada.\3\ Also, nominal 60 
pounds per yard steel rail is outside the scope of this order.\4\
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    \3\ See New Steel Rail, Except Light Rail, From Canada; Final 
Results of Changed Circumstances Antidumping and Countervailing Duty 
Administrative Reviews, and Revocation in Part of Antidumping and 
Countervailing Duty Orders, 61 FR 11607 (March 21, 1996).
    \4\ See New Steel Rail, Except Light Rail, From Canada; Notice 
of Termination of Changed Circumstances Administrative Reviews and 
Clarification of Scope Language, 63 FR 43137 (August 12, 1998).
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    This merchandise is currently classifiable under the Harmonized 
Tariff Schedule (HTS) items 7302.10.1010, 7302.10.1015, 7302.10.1035, 
7302.10.1045, 7302.10.5020, 8548.90.0000.\5\ The HTS item numbers are 
provided for convenience and customs purposes. The written description 
remains dispositive.
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    \5\ Per conversation with April Avalone at U.S. Customs on 
September 7, 1999.
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Determination

    As a result of the determinations by the Department and the 
Commission that revocation of these antidumping duty and countervailing 
duty orders would likely lead to continuation or recurrence of dumping 
and a countervailable subsidy and material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act, the Department 
hereby orders the continuation of the antidumping duty order and 
countervailing duty order on new steel rail from Canada. The Department 
will instruct the U.S. Customs Service to continue to collect deposits 
at the rate in effect at the time of entry for all imports of subject 
merchandise.
    Pursuant to section 751(c)(6)(A) of the Act, the Department intends 
to initiate the next five-year review of these orders not later than 
January 2005.

    Dated: February 3, 2000.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-2974 Filed 2-8-00; 8:45 am]
BILLING CODE 3510-DS-P