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Korea that are entered, or withdrawn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are entered, or withdrawn from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withdrawn from warehouse for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

Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Notices 33529

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

October 1, 1999, through March 31,

2000. This period corresponds to the

two most recent fiscal quarters prior to

the month of the filing of the petition

(i.e., June 2000).

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 ‘‘Issues

and Decision Memorandum’’ (Decision

Memorandum), dated June 14, 2001,

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 the public Decision

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 Decision

Memorandum 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

Determination

Based on our findings at verification

and our analysis of comments received,

we have made adjustments to the

preliminary determination calculation

methodologies in calculating the final

dumping margin in this proceeding. The

summary of these adjustments is

discussed below:

1. We recalculated BSW’s factors of

production based on the actual factors

consumed by BSW during the POI. For

further details, see Comments 3 and 5 in

the Decision Memorandum for the

instant investigation.

2. We excluded sales outside the POI

from our calculations. For further

details, see Comment 4 in the Decision

Memorandum for the instant

investigation.

3. Based on our verification findings,

we corrected: (1) the reported quantity

for one sale; and (2) the distances used

in the freight valuation for scrap steel.

4. We used the updated 1999 Thai

import values that were placed on the

record since the preliminary

determination, where appropriate, to

value factors of production.

For further details of our calculations,

see Memorandum on Factors of

Production Valuation and Calculation

dated June 14, 2001.

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 petitioner alleged that there is a

reasonable basis to believe or suspect

that critical circumstances exist with

respect to imports of rebar from Belarus.

On January 30, 2001, the Department

published in the Federal Register its

preliminary determination that critical

circumstances do not exist for imports

of rebar from Belarus. See Preliminary

Determination, 66 FR at 8329–8330, see

also Memorandum from Tom Futtner to

Holly A. Kuga, ‘‘Antidumping Duty

Investigation of Steel Concrete

Reinforcing Bars from Belarus—

Preliminary Negative Determination of

Critical Circumstances,’’ dated January

16, 2001.

Since the preliminary determination,

we have received comments on the

issue of critical circumstances from the

petitioner and BSW. After consideration

of these comments, which are discussed

in detail in the Decision Memorandum,

we find that critical circumstances do

not exist for imports of rebar from

Belarus. This determination is discussed

in detail in the Decision Memorandum

and in the Memorandum from Holly A.

Kuga to Bernard T. Carreau,

‘‘Antidumping Duty Investigation of

Steel Concrete Reinforcing Bars from

Belarus—Final Negative Determination

of Critical Circumstances,’’ dated June

14, 2001.

Final Determination of Investigation

We determine that the following

weighted-average percentage dumping

margin exists for Belarus for the period

October 1, 1999 through March 31,

2000:

Manufacturer/exporter Margin

(percent)

Belarus-Wide Rate ..................... 114.53

The Belarus-wide rate applies to all

entries of the subject merchandise from

Belarus.

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

Belarus 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).

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.

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 material 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. The Surrogate Market Economy Country

for Belarus

2. The Surrogate Values for Factory

Overhead, SG&A Expenses, and Profit

3. Reporting Period for Factors of

Production

4. Sales Outside of the Period of

Investigation

5. The Valuation of Pig Iron and Iron

Pellets

6. Critical Circumstances

[FR Doc. 01–15743 Filed 6–21–01; 8:45 am]

BILLING CODE 3510–DS–P