[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Notices]
[Pages 6587-6589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3120]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-427-817, C-533-818, C-560-806, C-475-827, C-580-837]


Notice of Amended Final Determinations: Certain Cut-to-Length 
Carbon-Quality Steel Plate From India and the Republic of Korea; and 
Notice of Countervailing Duty Orders: Certain Cut-To-Length Carbon-
Quality Steel Plate From France, India, Indonesia, Italy, and the 
Republic of Korea

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

EFFECTIVE DATE: February 10, 2000.

FOR FURTHER INFORMATION CONTACT: Cynthia Thirumalai at (202) 482-4087 
(France), Robert Copyak at (202) 482-2209 (India), Eva Temkin at (202) 
482-1167 (Indonesia), Kristen Johnson at (202) 482-4406 (Italy), and 
Stephanie Moore at (202) 482-3692 (Korea), Office of AD/CVD 
Enforcement, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

The 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 effective January 1, 1995 (``the 
Act''). In addition, unless otherwise indicated, all citations to the 
Department's regulations are to the current regulations codified at 19 
CFR Part 351 (1999).

Scope of Orders

    The products covered by these antidumping duty orders are certain 
hot-rolled carbon-quality steel: (1) Universal mill plates (i.e., flat-
rolled products rolled on four faces or in a closed box pass, of a 
width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or 
actual thickness of not less than 4 mm, which are cut-to-length (not in 
coils) and without patterns in relief), of iron or non-alloy-quality 
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual 
thickness of 4.75 mm or more and of a width which exceeds 150 mm and 
measures at least twice the thickness, and which are cut-to-length (not 
in coils). Steel products to be included in the scope of these orders 
are of rectangular, square, circular or other shape and of rectangular 
or non-rectangular cross-section where such non-rectangular cross-
section is achieved subsequent to the rolling process (i.e., products 
which have been ``worked after rolling'')--for example, products which 
have been beveled or rounded at the edges. Steel products that meet the 
noted physical characteristics that are painted, varnished or coated 
with plastic or other non-metallic substances are included within this 
scope. Also, specifically included in the scope of these orders are 
high strength, low alloy (``HSLA'') steels. HSLA steels are recognized 
as steels with micro-alloying levels of elements such as chromium, 
copper, niobium, titanium, vanadium, and molybdenum. Steel products to 
be included in this scope, regardless of Harmonized Tariff Schedule of 
the United States (``HTSUS'') definitions, are products in which: (1) 
Iron predominates, by weight, over each of the other contained 
elements; (2) the carbon content is two percent or less, by weight; and 
(3) none of the elements listed below is equal to or exceeds the 
quantity, by weight, respectively indicated: 1.80 percent of manganese, 
or 1.50 percent of silicon, or 1.00 percent of copper, or 0.50 percent 
of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 
0.40 percent of

[[Page 6588]]

lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 
percent of molybdenum, or 0.10 percent of niobium, or 0.41 percent of 
titanium, or 0.15 percent of vanadium, or 0.15 percent zirconium. All 
products that meet the written physical description, and in which the 
chemistry quantities do not equal or exceed any one of the levels 
listed above, are within the scope of these orders unless otherwise 
specifically excluded. The following products are specifically excluded 
from these orders: (1) Products clad, plated, or coated with metal, 
whether or not painted, varnished or coated with plastic or other non-
metallic substances; (2) SAE grades (formerly AISI grades) of series 
2300 and above; (3) products made to ASTM A710 and A736 or their 
proprietary equivalents; (4) abrasion-resistant steels (i.e., USS AR 
400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, 
A517 grade S, or their proprietary equivalents; (6) ball bearing 
steels; (7) tool steels; and (8) silicon manganese steel or silicon 
electric steel.
    The merchandise subject to these orders is classified in the HTSUS 
under subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 
7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 
7226.91.8000, 7226.99.0000.
    Although the HTSUS subheadings are provided for convenience and 
Customs purposes, the written description of the merchandise covered by 
these orders is dispositive.

Amended Final Determinations

India

    On December 29, 1999, the final determination in the countervailing 
duty investigation of certain cut-to-length carbon-quality steel plate 
from India was published in the Federal Register (64 FR 73131). On 
January 10, 2000, petitioners in the investigation alleged that the 
Department made ministerial errors in calculating the estimated net 
countervailable subsidy rate. We agree with petitioners and have 
corrected our calculations. As a result, the estimated net 
countervailable subsidy rate attributable to the Steel Authority of 
India (``SAIL'') increased from 11.25 percent ad valorem to 12.82 
percent ad valorem; this rate also serves as the ``all others'' rate. 
These corrections are explained in the memorandum to Holly A. Kuga, 
Acting Deputy Assistant Secretary, Group II, Import Administration 
(``Allegations of Ministerial Errors in the Final Affirmative 
Countervailing Duty Determination: Certain Cut-to-Length Carbon-Quality 
Steel Plate from India''). The memorandum is on file in public version 
form in the Central Records Unit (``CRU''), (room B-099 of the Main 
Commerce Building).

Republic of Korea

    On December 29, 1999, the final determination in the countervailing 
duty investigation of certain cut-to-length carbon-quality steel plate 
from South Korea was published in the Federal Register (64 FR 73176). 
On January 10, 2000, petitioners and respondents in the investigation 
alleged that the Department made ministerial errors in calculating the 
estimated net countervailable subsidy rates applicable to certain 
respondents. We agree that certain ministerial errors were made and we 
have corrected our calculations. As a result, the estimated net 
countervailable subsidy rate attributable to Pohang Iron and Steel 
Company (``POSCO'') decreased from 0.95 percent ad valorem to 0.82 
percent ad valorem, and the estimated net countervailable subsidy rate 
attributable to Dongkuk Steel Mill, Ltd, (``DSM'') increased from 2.21 
percent ad valorem to 3.26 percent ad valorem; this rate also serves as 
the ``all others'' rate. These corrections are explained in the 
memorandum to Holly A. Kuga, Acting Deputy Assistant Secretary, Group 
II, Import Administration (``Ministerial Errors in the Final 
Affirmative Countervailing Duty Determination: Certain Cut-to-Length 
Carbon-Quality Steel Plate from Korea''). The memorandum is on file in 
public version form in the CRU.

Countervailing Duty Orders

    In accordance with section 705(d) of the Act, on December 29, 1999, 
the Department published its final determinations in the countervailing 
duty investigations of certain cut-to-length carbon-quality steel plate 
from France (64 FR 73277), India (64 FR 73131), Indonesia (64 FR 
73155), Italy (64 FR 73244), and Korea (64 FR 73176). On February 2, 
2000, the International Trade Commission (``ITC'') notified the 
Department of its final determination, pursuant to section 
705(b)(1)(A)(i) of the Act, that an industry in the United States 
suffered material injury as a result of subsidized imports of certain 
cut-to-length carbon-quality steel plate from France, India, Indonesia, 
Italy, and Korea.
    Therefore, countervailing duties will be assessed on all 
unliquidated entries of certain cut-to-length carbon-quality steel 
plate from France, India, Indonesia, Italy, and Korea entered, or 
withdrawn from warehouse, for consumption on or after July 26, 1999, 
the date on which the Department published its preliminary affirmative 
countervailing duty determinations in the Federal Register, and before 
November 23, 1999, the date the Department instructed the U.S. Customs 
Service to discontinue the suspensions of liquidation in accordance 
with section 703(d) of the Act, and on all entries and withdrawals of 
subject merchandise made on or after the date of publication of these 
countervailing duty orders in the Federal Register. Section 703(d) 
states that the suspension of liquidation pursuant to a preliminary 
determination may not remain in effect for more than four months. 
Entries of certain cut-to-length carbon-quality steel plate made on or 
after November 23, 1999, and prior to the date of publication of these 
orders in the Federal Register are not liable for the assessment of 
countervailing duties due to the Department's discontinuation, 
effective November 23, 1999, of the suspensions of liquidation.
    In accordance with section 706 of the Act, the Department will 
direct U.S. Customs officers to reinstitute the suspension of 
liquidation effective the date of publication of this notice in the 
Federal Register and to assess, upon further advice by the Department 
pursuant to section 706(a)(1) of the Act, countervailing duties for 
each entry of the subject merchandise in an amount based on the net 
countervailable subsidy rate for the subject merchandise.
    On or after the date of publication of this notice in the Federal 
Register, U.S. Customs officers must require, at the same time as 
importers would normally deposit estimated duties on this merchandise, 
a cash deposit equal to the countervailable subsidy rates noted below. 
The All Others rates apply to all producers and exporters of certain 
cut-to-length carbon-quality steel plate from France, India, Indonesia, 
Italy, and Korea not specifically listed below. The cash deposit rates 
are as follows:

[[Page 6589]]



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                                                                         Net Subsidy Rate
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                                            Producer/Exporter: France
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Usinor Group....................................  5.56 percent ad valorem.
GTS Industries S.A..............................  6.86 percent ad valorem.
All Others......................................  6.80 percent ad valorem.
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                                            Producer/Exporter: India
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Steel Authority of India (SAIL).................  12.82 percent ad valorem.
All Others......................................  12.82 percent ad valorem.
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                                          Producer/Exporter: Indonesia
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P.T. Krakatau Steel.............................  47.71 percent ad valorem.
All Others......................................  15.90 percent ad valorem.
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                                            Producer/Exporter: Italy
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ILVA S.p.A. and ILVA Lamiere e. Tubi S.p.A......  26.12 percent ad valorem.
All Others......................................  26.12 percent ad valorem.
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                                            Producer/Exporter: Korea
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Dongkuk Steel Mill, Ltd.........................  3.26 percent ad valorem.
All Others......................................  3.26 percent ad valorem.
----------------------------------------------------------------------------------------------------------------

    The Indonesian steel producers P.T. Gunawan Steel and P.T. Jaya 
Pari are excluded from the Indonesian order because they received a de 
minimis net subsidy of 0.00 percent ad valorem. The Italian steel 
producer Palini and Bertoli S.p.A is excluded from the Italian order 
because it received a de minimis net subsidy of 0.12 percent ad 
valorem. The Korean steel producer POSCO is excluded from the Korean 
order because it received a de minimis net subsidy rate of 0.82 percent 
ad valorem.
    This notice constitutes the countervailing duty orders with respect 
to certain cut-to-length carbon-quality steel plate from France, India, 
Indonesia, Italy, and Korea, pursuant to section 706(a) of the Act. 
Interested parties may contact the CRU, for copies of an updated list 
of countervailing duty orders currently in effect.
    These countervailing duty orders and amended final determinations 
are published in accordance with section 706(a) and 705 of the Act and 
19 CFR 351.211 and 351.224.

    Dated: February 3, 2000.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-3120 Filed 2-9-00; 8:45 am]
BILLING CODE 3510-DS-P