33526 Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Notices

Nations (UN) Commodity Trade

Statistics for 1998; (3) we corrected the

inflator for brokerage and handling

expenses; (4) we corrected clerical

errors in the calculations of surrogate

financial ratios; and, (5) we based the

date of sale on the date of beginning of

production rather than the date of the

commercial sales invoice. These

adjustments are discussed in the

Decision Memorandum.

Verification

As provided in section 782(i) of the

Act, we verified the information

submitted by the respondent for use in

our final determination. We used

standard verification procedures

including examination of relevant

accounting and production records, and

original source documents provided by

the respondent.

Critical Circumstances

In a letter filed on August 22, 2000,

the petitioners alleged that there is a

reasonable basis to believe or suspect

that critical circumstances exist with

respect to imports of rebar from

Moldova. On November 27, 2000, the

Department published in the Federal

Register its preliminary determination

that critical circumstances exist for

imports of rebar from Moldova.

See Preliminary Determinations of

Critical Circumstances: Steel Concrete

Reinforcing Bars From Ukraine and

Moldova, 65 FR 70696 (November 27,

2000).

Since the preliminary determination,

we received MSW’s shipment data and,

based upon these data, we find that

critical circumstances do not exist for

imports of rebar from Moldova. This

determination is discussed in detail in

the Decision Memorandum and in the

Memorandum from Holly Kuga to

Bernard T. Carreau, ‘‘Antidumping Duty

Investigations of Steel Concrete

Reinforcing Bar from Moldova—Final

Negative Determination of Critical

Circumstances,’’ dated June 14, 2001.

Final Determination of Investigation

We determine that the following

weighted-average percentage margin

exists for the period October 1, 1999

through March 31, 2000:

Manufacturer/exporter Margin

(percent)

Moldova-Wide Rate .................... 232.86

The Moldova-wide rate applies to all

entries of the subject merchandise from

Moldova.

Continuation of Suspension of

Liquidation

Pursuant to section 735(c)(1)(B) of the

Act, we are instructing the U.S. Customs

Service (Customs) to continue to

suspend liquidation of all entries of

rebar from Moldova that are entered, or

withdrawn from warehouse, for

consumption on or after January 30,

2001 (the date of publication of the

Preliminary Determination in the

Federal Register). Customs shall

continue to require a cash deposit or the

posting of a bond equal to the estimated

amount by which the normal value

exceeds the U.S. price as shown above.

The suspension of liquidation

instructions will remain in effect until

further notice.

In addition, since we have determined

that critical circumstances do not exist

for imports of rebar from Moldova, we

are also instructing Customs to

terminate the suspension of liquidation

of, and refund all cash deposits and

release all bonds collected on, entries of

rebar from Moldova entered, or

withdrawn from warehouse, for

consumption from November 1, 2000

(90 days prior to the publication of the

Preliminary Determination in the

Federal Register) to January 29, 2001.

ITC Notification

In accordance with section 735(d) of

the Act, we have notified the

International Trade Commission (ITC) of

our determination. As our final

determination is affirmative, the ITC

will determine, within 45 days, whether

these imports are causing material

injury, or threat of material injury, to an

industry in the United States. If the ITC

determines that material injury, or

threat of injury does not exist, the

proceeding will be terminated and all

securities posted will be refunded or

canceled. If the ITC determines that

such injury does exist, the Department

will issue an antidumping order

directing Customs officials to assess

antidumping duties on all imports of the

subject merchandise entered or

withdrawn from warehouse for

consumption on or after the effective

date of the suspension of liquidation.

This determination is issued and

published in accordance with sections

735(d) and 777(i)(1) of the Act.

Dated: June 14, 2001.

Faryar Shirzad,

Assistant Secretary for Import

Administration.

Appendix—Issues in Decision

Memorandum

1: Whether India is a Significant Producer

of Comparable Merchandise

2: Quality of Surrogate Values for India

3: Selection of Surrogate to Value Selling,

General, and Administrative (SG&A)

Expenses and Profit

4: Market-Oriented Industry (MOI)

5: Separate Rates

6: Date of Sale

7: Sales Database Errors

8: Adjustments to Factors of Production

(FOP)

9: Calculation of Financial Ratios

[FR Doc. 01–15741 Filed 6–21–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–580–844]

Notice of Final Determination of Sales

at Less Than Fair Value: Steel

Concrete Reinforcing Bars From the

Republic of Korea

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: June 22, 2001.

FOR FURTHER INFORMATION CONTACT:

Mark Manning or Jeff Pedersen at (202)

482–3936 and (202) 482–4195, AD/CVD

Enforcement, Group II, Office 4, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

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 (URAA). In addition,

unless otherwise indicated, all citations

to the Department’s regulations are to 19

CFR Part 351 (2000).

Final Determination

We determine that steel concrete

reinforcing bar (rebar) from the Republic

of Korea (Korea) is being sold, or is

likely to be sold, in the United States at

less than fair value (LTFV), as provided

in section 735 of the Act. The estimated

margins of sales at LTFV are shown in

the Final Determination of Investigation

section of this notice.

Case History

The preliminary determination in this

investigation was published on January

30, 2001. See Notice of Preliminary

Determination of Sales at Less Than

Fair Value and Postponement of Final

Determination: Steel Concrete

Reinforcing Bars From the Republic of

Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Notices 33527

1The Department collapsed DSM and KISCO into

a single entity, referred to as DSM/KISCO, for the

purposes of this antidumping investigation. See

Memorandum from Ronald Trentham to Tom

Futtner, ‘‘Decision Memorandum: Whether to

Collapse Dongkuk Steel Mill Co., Ltd. and Korea

Iron and Steel Co., Ltd. Into a Single Entity,’’ dated

December 5, 2000.

2The petitioner in the rebar investigations is the

Rebar Trade Action Coalition (RTAC), and its

individual members, AmeriSteel, Auburn Steel Co.,

Inc., Birmingham Steel Corp., Border Steel, Inc.,

Marion Steel Company, Riverview Steel, and Nucor

Steel and CMC Steel Group. (Auburn Steel was not

a petitioner in the Indonesia case).

Korea, 66 FR 8348 (January 30, 2001)

(Preliminary Determination). Since the

preliminary determination, we verified

the questionnaire responses of Dongkuk

Steel Mill Co., Ltd. (DSM) and Korea

Iron & Steel Co., Ltd. (KISCO), the

respondents, on February 12 through

February 23, 2001, and on March 28

through March 30, 2001.1 The

petitioner 2 and respondent filed case

briefs on May 21, 2001 and rebuttal

briefs on May 29, 2001. A public

hearing was not held for this

investigation because the petitioner and

respondent withdrew their request for

such a hearing on June 1, 2001 and June

8, 2001, respectively.

Section 734(m) of the Act states that

in the case of regional industry

investigations, the administering

authority shall offer exporters the

opportunity to enter into suspension

agreements. Proposed and finalized

agreements in these cases must comport

with the requirements set forth under

section 734 of the Act for the

suspension of antidumping duty

investigations. All exporters

participating in the instant investigation

were aware of their opportunity to

propose suspension agreements. See

Memorandum from Holly A. Kuga to

The File, ‘‘Opportunity to Propose

Suspension Agreements,’’ dated March

30, 2001.

The Department has conducted this

investigation in accordance with section

731 of the Act.

Scope of Investigation

For purposes of this investigation, the

product covered is all rebar sold in

straight lengths, currently classifiable in

the Harmonized Tariff Schedule of the

United States (HTSUS) under item

number 7214.20.00 or any other tariff

item number. Specifically excluded are

plain rounds (i.e., non-deformed or

smooth bars) and rebar that has been

further processed through bending or

coating. HTSUS subheadings are

provided for convenience and Customs

purposes. The written description of the

scope of this proceeding is dispositive.

Period of Investigation

The period of investigation (POI) is

April 1, 1999, through March 31, 2000.

This period corresponds to the four

most recent fiscal quarters prior to the

month of the filing of the petition (i.e.,

June 2000).

Verification

As provided in section 782(i) of the

Act, we verified the information

submitted by the respondents for use in

our final determination. We used

standard verification procedures

including examination of relevant

accounting and production records, and

original source documents provided by

the respondents.

Use of Facts Available

In the preliminary determination, the

Department determined that the

application of total adverse facts

available (FA) was appropriate with

respect to Hanbo Iron & Steel Co., Ltd.

(Hanbo), a mandatory respondent that

failed to respond to the Department’s

questionnaire. As FA, the Department

applied a margin rate of 102.28 percent,

the highest alleged margin for Korea in

the petition. The interested parties did

not object to the use of adverse facts

available for Hanbo, or to the

Department’s choice of facts available,

and no new facts were submitted which

would cause the Department to revisit

this decision. Therefore, for the reasons

set out in the preliminary

determination, we have continued to

use the highest margin alleged by the

petitioner for the purposes of this final

determination notice.

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this

proceeding and to which we have

responded are listed in the Appendix to

this notice and addressed in the

Memorandum from Bernard T. Carreau

to Faryar Shirzad, ‘‘Issues Memorandum

for the Final Determination of Sales at

Less Than Fair Value: Steel Concrete

Reinforcing Bars from the Republic of

Korea,’’ dated June 14, 2001 (Issues

Memorandum), which is hereby

adopted by this notice. Parties can find

a complete discussion of the issues

raised in this investigation and the

corresponding recommendations in this

public memorandum which is on file in

the Central Records Unit, room B–099 of

the main Department building. In

addition, a complete version of the

Issues Memorandum can be accessed

directly on the Web at http://

ia.ita.doc.gov. The paper copy and

electronic version of the Issues

Memorandum are identical in content.

Changes Since the Preliminary

Determination

Based on our findings at verification,

and analysis of comments received, we

have made adjustments to the

calculation methodologies in calculating

the final dumping margin in this

proceeding. We made the following

changes: (1) Revised DSM and KISCO’s

inventory carrying cost, (2) deducted a

new U.S. direct selling expense,

USBANKU, in our calculation of the net

U.S. price for sales through DSM’s U.S.

affiliate, (3) adjusted KISCO’s general

and administrative (G&A) expense rate

and interest expense rate, and (4)

adjusted DSM’s G&A expense rate and

interest expense rate. For a further

discussion of these changes, see

Memorandum from Mark Manning to

the File, ‘‘Calculation Memorandum of

the Final Determination for the

Investigation of Donguku Steel Mill

Col., Ltd., and Korea Iron & Steel Co.,

Ltd.,’’ June 14, 2001; Memorandum from

Michael Harrison to Neal Halper, ‘‘Cost

of Production and Constructed Value

Calculation Adjustments for the Final

Determination,’’ June 14, 2001; and

Memorandum from Robert Greger to

Neal Halper, ‘‘Cost of Production and

Constructed Value Calculation

Adjustments for the Final

Determination,’’ June 14, 2001.

Critical Circumstances

Based on our analysis of the

information on the record of this

investigation, we have determined, for

purposes of the final determination, that

critical circumstances do not exist with

respect to imports of rebar from DSM/

KISCO and the ‘‘all others’’ companies,

but do exist with respect to imports of

rebar from Hanbo. For further details,

see Memorandum from Holly A. Kuga to

Bernard T. Carreau, ‘‘Antidumping Duty

Investigation of Steel Concrete

Reinforcing Bars from the Republic of

Korea—Final Determination of Critical

Circumstances,’’ dated June 14, 2001.

Final Determination of Investigation

We determine that the following

weighted-average percentage margins

exist for the period April 1, 1999

through March 31, 2000:

Manufacturer/exporter Margin

(percent)

Dongkuk Steel Mill Co., Ltd./

Korea Iron & Steel Co., Ltd .... 22.89

Hambo Iron & Steel Co., Ltd ...... 102.28

All Others .................................... 22.89

33528 Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Notices

1The petitioner in this investigation is the Rebar

Trade Action Coalition (RTAC), and its individual

members, AmeriSteel, Auburn Steel Co., Inc.,

Birmingham Steel Corp., Border Steel, Inc., Marion

Steel Company, Riverview Steel, and Nucor Steel

and CMC Steel Group.

Continuation of Suspension of

Liquidation

Pursuant to section 735(c)(1)(B) of the

Act, we are instructing the U.S. Customs

Service to continue to suspend

liquidation of all entries of rebar from

Korea that are entered, or withdrawn

from warehouse, for consumption on or

after January 30, 2001 (the date of

publication of the Preliminary

Determination in the Federal Register).

In the case of rebar produced by Hanbo,

because of our affirmative critical

circumstances finding, and in

accordance with section 735(a)(3) of the

Act, we are directing the U.S. Customs

Service to suspend liquidation of all

entries of rebar produced by Hanbo that

are entered, or withdrawn from

warehouse, for consumption on or after

November 1, 2000, which is 90 days

prior to the date the Preliminary

Determination was published in the

Federal Register. The Customs Service

shall continue to require a cash deposit

or the posting of a bond equal to the

estimated amount by which the normal

value exceeds the U.S. price as shown

above. The suspension of liquidation

instructions will remain in effect until

further notice.

International Trade Commission

Notification

In accordance with section 735(d) of

the Act, we have notified the

International Trade Commission (ITC) of

our determination. As our final

determination is affirmative, the ITC

will determine, within 45 days, whether

these imports are causing material

injury, or threat of material injury, to an

industry in the United States. If the ITC

determines that material injury, or

threat of injury does not exist, the

proceeding will be terminated and all

securities posted will be refunded or

canceled. If the ITC determines that

such injury does exist, the Department

will issue an antidumping order

directing Customs officials to assess

antidumping duties on all imports of the

subject merchandise entered or

withdrawn from warehouse for

consumption on or after the effective

date of the suspension of liquidation.

This determination is issued and

published in accordance with sections

735(d) and 777(i)(1) of the Act.

Dated: June 14, 2001.

Faryar Shirzad,

Assistant Secretary for Import

Administration.

Appendix—Topics in Issues

Memorandum

Issues Relating to Both DSM and KISCO

1. Collapsing

2. Allocation of Selling, General, and

Administrative Expenses

Issues Relating to DSM

3. Level of Trade Adjustment

4. Inventory Carrying Cost

5. U.S. Short-Term Interest Rate

Calculation

6. Unreported Affiliated Party

7. Gain on Disposal of Fixed Assets

8. Short-Term Interest Expense Rate

9. Foreign Exchange Gains and Losses

10. Scrap Recovery

Issues Relating to KISCO

11. U.S. Short-term Interest Rate

Calculation

12. Upward Price Adjustments

13. General and Administrative Expenses

[FR Doc. 01–15742 Filed 6–21–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–822–804]

Notice of Final Determination of Sales

at Less Than Fair Value: Steel

Concrete Reinforcing Bars From

Belarus

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: June 22, 2001.

FOR FURTHER INFORMATION CONTACT:

Alexander Amdur or Karine Gziryan at

(202) 482–5346 or (202) 482–4081,

respectively, AD/CVD Enforcement,

Group II, Office 4 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 (URAA). In addition,

unless otherwise indicated, all citations

to the Department’s regulations are to 19

CFR part 351 (April 2000).

Final Determination

We determine that steel concrete

reinforcing bar (rebar) from Belarus is

being sold, or is likely to be sold, in the

United States at less than fair value

(LTFV), as provided in section 735 of

the Act. The estimated margin of sales

at LTFV is shown in the Final

Determination of Investigation section

of this notice.

Case History

On January 30, 2001, the Department

published the preliminary

determination of the antidumping

investigation of steel concrete

reinforcing bars from Belarus. See

Notice of Preliminary Determination of

Sales at Less Than Fair Value: Steel

Concrete Reinforcing Bars from Belarus,

66 FR 8329 (January 30, 2001)

(Preliminary Determination). We

conducted verification of the

questionnaire responses of the

respondent, Byelorussian Steel Works

(BSW), during the week of March 11,

2001. We gave interested parties an

opportunity to comment on our

preliminary determination and the

findings at verification. On April 25,

2001, BSW and the petitioner, the Rebar

Trade Action Coalition, 1 submitted case

briefs; and on April 30, 2001, both

parties submitted rebuttal briefs. The

Department received no requests for a

public hearing.

Section 734(m) of the Act states that

in the case of regional industry

investigations, the administering

authority shall offer exporters the

opportunity to enter into suspension

agreements. Proposed and finalized

agreements in these cases must comport

with the requirements set forth under

section 734 of the Act for the

suspension of antidumping duty

investigations. The exporter

participating in the instant investigation

was aware of its opportunity to propose

a suspension agreement. However, the

Department did not accept a suspension

agreement in this proceeding. See

Memorandum from Holly A. Kuga to

The File, dated March 30, 2001.

The Department has conducted this

investigation in accordance with section

731 of the Act.

Scope of Investigation

For purposes of this investigation, the

product covered is all steel concrete

reinforcing bars (rebar) sold in straight

lengths, currently classifiable in the