Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3543

DEPARTMENT OF COMMERCE

International Trade Administration

[A–122–822/823]

Notice of Final Results of Antidumping

Duty Administrative Reviews and

Determination Not To Revoke in Part:

Certain Corrosion-Resistant Carbon

Steel Flat Products and Cut-to-Length

Carbon Steel Plate From Canada

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Final results of antidumping

duty administrative reviews and

determination not to revoke in part.

SUMMARY: On September 8, 2000, the

Department of Commerce (the

Department) published the preliminary

results of the administrative reviews of

the antidumping duty orders on certain

corrosion-resistant carbon steel flat

products (CORE) and cut-to-length

carbon steel plate (CTL) from Canada

(65 FR 54481). These reviews cover five

manufacturers. The period of review is

August 1, 1998 through July 31, 1999.

Based on our analysis of the

comments received, we have made

changes in the margin calculations. The

final weighted-average dumping

margins for the reviewed firms are listed

below in the section entitled ‘‘Final

Results of the Reviews.’’

EFFECTIVE DATE: January 16, 2001.

FOR FURTHER INFORMATION CONTACT:

Mark Hoadley at (202) 482–0666

(Dofasco Inc. and Sorevco Inc.

(collectively, Dofasco) and Gerdau MRM

Steel Co. (MRM)), Elfi Blum-Page at

(202) 482–0197 (Continuous Colour

Coat, Ltd. (CCC) and Clayson Steel Co.

(Clayson)), or Abdelali Elouaradia at

(202) 482–1374, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW.,

Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (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. In addition, unless

otherwise indicated, all citations to the

Department’s regulations are to 19 CFR

Part 351 (1999).

Background

On September 8, 2000, the

Department published the preliminary

results of administrative reviews of the

antidumping duty orders on CORE and

CTL from Canada (65 FR 54481). We

invited parties to comment on the

preliminary results of the reviews. On

October 9 and 10, 2000, petitioners,

CCC, Clayson, Dofasco, and MRM filed

case briefs. On October 14 and 16, 2000,

petitioners, Clayson, and Dofasco filed

rebuttal briefs. The Department has

conducted these administrative reviews

in accordance with section 751 of the

Act.

Scope of Reviews

The merchandise covered by these

orders consists of two separate ‘‘classes

or kinds’’ of merchandise: (1) CORE,

and (2) CTL plate. The first class or

kind, CORE, includes flat-rolled carbon

steel products, of rectangular shape,

either clad, plated, or coated with

corrosion-resistant metals such as zinc,

aluminum, or zinc-, aluminum-, nickelor iron-based alloys, whether or not

corrugated or painted, varnished or

coated with plastics or other

nonmetallic substances in addition to

the metallic coating, in coils (whether or

not in successively superimposed

layers) and of a width of 0.5 inch or

greater, or in straight lengths which, if

of a thickness less than 4.75 millimeters,

are of a width of 0.5 inch or greater and

which measures at least 10 times the

thickness or if of a thickness of 4.75

millimeters or more are of a width

which exceeds 150 millimeters and

measures at least twice the thickness, as

currently classifiable in the Harmonized

Tariff Schedule (HTS) under item

numbers 7210.30.0030, 7210.30.0060,

7210.41.0000, 7210.49.0030,

7210.49.0090, 7210.61.0000,

7210.69.0000, 7210.70.6030,

7210.70.6060, 7210.70.6090,

7210.90.1000, 7210.90.6000,

7210.90.9000, 7212.20.0000,

7212.30.1030, 7212.30.1090,

7212.30.3000, 7212.30.5000,

7212.40.1000, 7212.40.5000,

7212.50.0000, 7212.60.0000,

7215.90.1000, 7215.90.3000,

7215.90.5000, 7217.20.1500,

7217.30.1530, 7217.30.1560,

7217.90.1000, 7217.90.5030,

7217.90.5060, and 7217.90.5090.

Included in this review are corrosionresistant flat-rolled products of nonrectangular cross-section where such

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.

Excluded from this review are flat-rolled

steel products either plated or coated

with tin, lead, chromium, chromium

oxides, both tin and lead (terne plate),

or both chromium and chromium oxides

(tin-free steel), whether or not painted,

varnished or coated with plastics or

other nonmetallic substances in

addition to the metallic coating. Also

excluded from this review are clad

products in straight lengths of 0.1875

inch or more in composite thickness

and of a width which exceeds 150

millimeters and measures at least twice

the thickness. Also excluded from this

review are certain clad stainless flatrolled products, which are three-layered

corrosion-resistant carbon steel flatrolled products less than 4.75

millimeters in composite thickness that

consist of a carbon steel flat-rolled

product clad on both sides with

stainless steel in a 20%–60%–20%

ratio.

The second class or kind, CTL plate,

includes hot-rolled carbon steel

universal mill plates (i.e., flat-rolled

products rolled on four faces or in a

closed box pass, of a width exceeding

150 millimeters but not exceeding 1,250

millimeters and of a thickness of not

less than 4 millimeters, not in coils and

without patterns in relief), of

rectangular shape, neither clad, plated

nor coated with metal, whether or not

painted, varnished, or coated with

plastics or other nonmetallic substances;

and certain hot-rolled carbon steel flatrolled products in straight lengths, of

rectangular shape, hot rolled, neither

clad, plated, nor coated with metal,

whether or not painted, varnished, or

coated with plastics or other

nonmetallic substances, 4.75

millimeters or more in thickness and of

a width which exceeds 150 millimeters

and measures at least twice the

thickness, as currently classifiable in the

HTS under item numbers 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, and 7212.50.0000.

Included in this review are flat-rolled

products of non-rectangular crosssection where such 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. Excluded from

this review is grade X–70 plate. Also

excluded is cut-to-length carbon steel

plate meeting the following criteria: (1)

100% dry steel plates, virgin steel, no

scrap content (free of Cobalt-60 and

other radioactive nuclides); (2) .290

inches maximum thickness, plus 0.0,

3544 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

minus .030 inches; (3) 48.00 inch wide,

plus .05, minus 0.0 inches; (4) 10 foot

lengths, plus 0.5, minus 0.0 inches; (5)

flatness, plus/minus 0.5 inch over 10

feet; (6) AISI 1006; (7) tension leveled;

(8) pickled and oiled; and (9) carbon

content, 0.03 to 0.08 (maximum). With

respect to both classes or kinds, the HTS

item numbers are provided for

convenience and Customs purposes.

The written description remains

dispositive of the scope of these

reviews.

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to these

administrative reviews are addressed in

the ‘‘Issues and Decision Memorandum’’

(Decision Memo) from Joseph A

Spetrini, Deputy Assistant Secretary,

Import Administration, to Troy H.

Cribb, Assistant Secretary for Import

Administration, dated January 8, 2001,

which is hereby adopted by this notice.

On November 21, 2000, petitioners

and Dofasco submitted a letter to the

Department withdrawing their

respective case briefs and rebuttal briefs.

They requested that we not consider

these briefs for our final results. We

have decided to grant this request and,

therefore, the Decision Memo does not

contain a discussion of any issues

relating to Dofasco.

A list of the issues which parties have

raised and to which we have responded,

all of which are in the Decision Memo,

is attached to this notice as an

Appendix. Parties can find a complete

discussion of all issues raised in this

review and the corresponding

recommendations in this public

memorandum which is on file in the

Central Records Unit, located in room

B–099 of the main Department of

Commerce Building. In addition, a

complete version of the Decision Memo

can be accessed directly on the Web at

http://ia.ita.doc.gov. The paper copy

and electronic version of the Decision

Memorandum are identical in content.

Changes Since the Preliminary Results

Based on our analysis of comments

received, we have made certain changes

in the margin calculations. We have also

corrected certain programming and

clerical errors in our preliminary

results, where applicable.

Determination Not To Revoke the CTL

Order in Part

Based on our analysis of comments

received, the Department has decided

not to alter its preliminary

determination not to revoke the order as

it pertains to shipments to the United

States from MRM. Our analysis of these

comments are also contained in the

Decision Memo.

Sales Below Cost in the Home Market

The Department disregarded home

market below-cost sales that failed the

cost test for CCC, Clayson, Dofasco, and

MRM in the final results of review.

Determination To Apply the Adverse

Facts Available Rate to Metaux Russel

Inc.

The Department received no

comments on its preliminary

determination to apply an adverse facts

available rate to Metaux Russel Inc., a

respondent in the CTL review.

Therefore, we have not altered this

decision for these final results of review.

Final Results of Review

We determine that the following

weighted-average margins exist for the

period August 1, 1998 through July 31,

1999:

Manufacturer/exporter Margin

(percent)

Certain Corrosion-Resistant

Carbon Steel Flat Products:

Continous Colour Coat, Ltd .. 1.81

Dofasco Inc. and Sorevco Inc 0.51

Certain Cut-to-Length Carbon

Steel Plate:

Clayson Steel Co .................. 0.27

Gerdau MRM Steel Co ......... 0.00

Metaux Russel Inc ................ 68.70

Liquidation

The Department shall determine, and

Customs shall assess, antidumping

duties on all appropriate entries. In

accordance with 19 CFR 351.212(b), we

have calculated exporter/importerspecific assessment rates. We divided

the total dumping margins for the

reviewed sales by the total entered value

of those reviewed sales for each

importer. We will direct Customs to

assess the resulting percentage margins

against the entered Customs values for

the subject merchandise on each of that

importer’s entries under the relevant

order during the review period.

Cash Deposit Requirements

The following deposit requirements

will be effective upon publication of

this notice of final results of

administrative review for all shipments

of CORE from Canada entered, or

withdrawn from warehouse, for

consumption on or after the date of

publication, as provided by section

751(a)(1) of the Act: (1) The cash deposit

rates for the reviewed company will be

the rate shown above; (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) the cash deposit

rate for all other manufacturers or

exporters will continue to be 18.71

percent. This rate is the ‘‘All Others’’

rate from the LTFV investigation.

These deposit requirements shall

remain in effect until publication of the

final results of the next administrative

review.

As a result of a Sunset Review, the

Department has revoked the

antidumping duty order for CTL from

Canada, effective January 1, 2000. See

Revocation of Antidumping and

Countervailing Duty Orders on Certain

Carbon Steel Products From Canada,

Germany, Korea, the Netherlands, and

Sweden, 65 FR 78467 (Dec. 15, 2000).

Therefore, we have instructed the

Customs Service to terminate

suspension of liquidation for all entries

of CTL made on or after January 1, 2000,

and antidumping cash deposit

requirements for this merchandise are

no longer necessary.

Entries of subject merchandise made

prior to January 1, 2000, will continue

to be subject to suspension of

liquidation and antidumping duty

deposit requirements. The Department

will complete any pending reviews of

this order and will conduct

administrative reviews of subject

merchandise entered prior to the

effective date of revocation in response

to appropriately filed requests for

review.

Reminders

This notice also serves as a final

reminder to importers of their

responsibility under 19 CFR 351.402(f)

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 doubled

antidumping duties.

This notice also serves as a reminder

to parties subject to administrative

protective orders (APO) of their

responsibility concerning the return or

destruction of proprietary information

disclosed under APO in accordance

with 19 CFR 351.305. Timely written

notification of the return/destruction of

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3545

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.

We are issuing and publishing this

determination and notice in accordance

with sections 751(a)(1) and 777(i) of the

Act.

Dated: January 8, 2001.

Troy H. Cribb,

Assistant Secretary for Import

Administration.

Appendix—List of Issues

for CCC:

1. Clerical Errors

for Clayson:

1. Model Match

2. General and Administrative Expenses

3. Quantity Adjustments

4. Hourly Production Rates

5. Overhead Exclusions

6. Clerical Errors

for Dofasco:

No Issues

for MRM:

1. Revocation

[FR Doc. 01–1224 Filed 1–12–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–428–816]

Certain Cut-to-Length Carbon Steel

Plate From Germany: Final Results of

Antidumping Duty Administrative

Reviews

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results in the

antidumping duty administrative

reviews of certain cut-to-length carbon

steel plate from Germany.

SUMMARY: On September 7, 2000, the

Department of Commerce

(‘‘Department’’) published the

preliminary results of the administrative

reviews of the antidumping duty order

on certain cut-to-length carbon steel

plate from Germany. These reviews

cover one manufacturer/exporter. The

periods of review (‘‘PORs’’) are August

1, 1997 through July 31, 1998, and

August 1, 1998 through July 31, 1999.

Based on our analysis of the

comments received, we have not made

any changes in the margin calculations.

Therefore, the final results do not differ

from the preliminary results. The final

adverse facts available margins for the

reviewed firm are listed below in the

section entitled ‘‘Final Results of the

Reviews.’’

EFFECTIVE DATE: January 16, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert Bolling, or James Doyle,

Enforcement Group III, Office 9, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 1401 Constitution Avenue,

NW., Washington, DC 20230, telephone

202–482–3434 (Bolling), or 202–482–

0159 (Doyle), fax 202–482–1388.

SUPPLEMENTARY INFORMATION:

Applicable Statute

Unless otherwise indicated, all

citations to the Tariff Act of 1930 (‘‘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’s regulations are to the

regulations at 19 CFR Part 351 (1999).

Background

The Department published an

antidumping duty order on certain cutto-length carbon steel plate from

Germany on August 19, 1993.

Antidumping Duty Orders and

Amendments to Final Determinations of

Sales at Less Than Fair Value: Certain

Hot-Rolled Carbon Steel Flat Products,

Certain Cold-Rolled Carbon Steel Flat

Products, Certain Corrosion-Resistant

Carbon Steel Flat Products and Certain

Cut-to-Length Carbon Steel Plate From

Germany, 58 FR 44170 (August 19,

1993) (‘‘Antidumping Duty Order’’). On

August 11, 1998, the Department

published a notice of opportunity to

request administrative review of this

order for the period August 1, 1997

through July 31, 1998. See Antidumping

or Countervailing Duty Order, Finding,

or Suspended Investigation;

Opportunity to Request Administrative

Review, 63 FR 42821 (August 11, 1998).

Novosteel, a Swiss exporter of subject

merchandise, timely requested that the

Department conduct an administrative

review of Novosteel’s sales for this

period (‘‘97–98 Review’’). On September

24, 1998, Novosteel requested that the

Department defer the 97–98 Review for

a one year period, in accordance with 19

CFR 351.213(c); the Department agreed

to this request. See Initiation of

Antidumping and Countervailing Duty

Administrative Review, Requests for

Revocation in Part and Deferral of

Administrative Reviews, 63 FR 58009

(October 29, 1998). On August 11, 1999,

the Department published a notice of

opportunity to request administrative

review of this order for the period

August 1, 1998 through July 31, 1999.

See Antidumping or Countervailing

Duty Order, Finding, or Suspended

Investigation; Opportunity to Request

Administrative Review, 64 FR 43649

(August 11, 1999). On August 13, 1999,

Novosteel timely requested that the

Department conduct an administrative

review of Novosteel’s U.S. entries for

this period (‘‘98–99 Review’’). On

August 31, 1999, Petitioners also timely

requested that the Department conduct

an administrative review of Novosteel’s

U.S. entries for the 98–99 period of

review (‘‘POR’’). In accordance with

section 751(a) of the Act, the

Department published in the Federal

Register notices of initiation of the 97–

98 Review and the 98–99 Review. See

Initiation of Antidumping and

Countervailing Duty Administrative

Reviews and Requests for Revocation in

Part, 64 FR 60161 (November 4, 1999)

(97–98); Initiation of Antidumping and

Countervailing Duty Administrative

Reviews and Requests for Revocation in

Part, 64 FR 53318 (October 1, 1999) (98–

99).

On October 4, 1999, the Department

issued Novosteel its questionnaire for

the 97–98 Review and the 98–99

Review. On December 9, 1999,

Novosteel responded to Section A of the

Department’s questionnaires. In the

Section A response, sales

documentation demonstrated that the

producer of the subject merchandise,

Reiner Brach, had knowledge that the

subject merchandise was being exported

to the United States. See Exhibits 3 and

4 of the December 9, 1999 response.

Also, on January 7, 2000, Novosteel

responded to Sections B and C of the

Department’s questionnaires. On

January 18, 2000, Petitioners submitted

a request that the Department terminate

the administrative reviews with respect

to Novosteel, arguing that a review of

Novosteel, a non-producing exporter,

would only be appropriate where the

supplier did not have knowledge that

the merchandise would be exported to

the United States. Petitioners argued

that Novosteel’s supplier, producer

Reiner Brach, had knowledge that the

merchandise would be sold to the

United States and that, thus, the

appropriate sales to be reviewed were

those made by Reiner Brach to

Novosteel. On February 2, 2000, Reiner

Brach submitted a letter opposing

termination of the administrative review

of Novosteel and agreed to become a

respondent for these administrative

reviews.

Based on the Novosteel’s

questionnaire responses, the

Department determined that Reiner

Brach not only was the producer of the

subject merchandise, but also had

knowledge that the products were