[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Notices]
[Pages 29531-29533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14738]



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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-804; C-122-805]


New Steel Rail, Except Light Rail, From Canada: Initiation and 
Preliminary Results of Changed Circumstances Antidumping Duty and 
Countervailing Duty Administrative Reviews, and Intent To Revoke Orders 
in Part

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

ACTION: Notice of initiation and preliminary results of changed 
circumstances antidumping duty and countervailing duty administrative 
reviews, and intent to revoke orders in part.

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SUMMARY: In response to a request from Gerdau MRM Steel, Inc. (Gerdau), 
an interested party in these proceedings in accordance with sections 
353.2(k) and 355.2(i) of our regulations, and an exporter of nominal 60 
ASCE (ASTM A1-92) steel rail, the Department of Commerce (the 
Department) is initiating changed circumstances antidumping duty and 
countervailing duty administrative reviews and issuing an intent to 
revoke in part the antidumping duty and countervailing duty orders on 
new steel rail, except light rail, from Canada, the scope of which 
currently include new steel rail at least 60 pounds per yard or 
heavier. Gerdau requested that the Department revoke the orders in part 
as to imports of nominal-60-pounds-per-yard new steel rail from Canada 
(60 ASCE/ASTM A1-92). Bethlehem Steel Corp. and CF&I Steel, L.P., 
petitioners in these cases, have submitted letters indicating they have 
no objection to the initiation of these changed circumstances reviews 
and no interest in maintaining the antidumping

[[Page 29532]]

duty and countervailing duty orders on 60 ASCE/ASTM A1-92 new steel 
rail from Canada. Based on the fact that this portion of these orders 
is no longer of interest to domestic parties, we intend to partially 
revoke these orders. Interested parties are invited to comment on these 
preliminary results. Parties who submit argument in this proceeding are 
requested to submit with the argument (1) A statement of the issue, and 
(2) a brief summary of the argument.

EFFECTIVE DATE: June 11, 1996.

FOR FURTHER INFORMATION CONTACT: Roy F. Unger, Jr., Office of 
Antidumping Compliance or Robert Copyak, Office of Countervailing 
Compliance, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202)482-0651 and (202) 482-2209, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 3, 1989, the Department published the antidumping and 
countervailing duty final determination in the less-than-fair-value 
(LTFV) investigation (54 FR 31984), which covered new steel rail 60 
pounds per yard and heavier. The Department published an antidumping 
duty order on new steel rail, except light rail, on September 15, 1989 
(54 FR 38263). The Department published a countervailing duty order on 
new steel rail, except light rail, on September 22, 1989 (54 FR 39032).
    On February 1, 1996, Gerdau requested that the Department conduct 
changed circumstances administrative reviews to determine whether to 
partially revoke the orders with regard to 60 ASCE/ASTM A1-92 new steel 
rail. The orders' application to imports of new steel rail other than 
60 ASCE/ASTM A1-92 is not affected by this request. On March 29, 1996, 
petitioner, Bethlehem Steel advised the Department that it has no 
interest in maintaining the antidumping and countervailing duty orders 
on 60 ASCE/ASTM A1-92 new steel rail. In addition, Gerdau informed the 
Department that it has canvassed interested parties known to it to be 
actively involved in the production of 60 ASCE/ASTM A1-92 steel rail in 
the United States, and did not find any opposition to the revocation of 
the orders with regard to 60 ASCE/ASTM A1-92 steel rail.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to the current 
regulations, as amended by the interim regulations published in the 
Federal Register on May 11, 1995 (60 FR 25130).

Scope of Review

    The merchandise covered by these changed circumstances reviews is 
imports of 60 ASCE/ASTM A1-92 new steel rail. The merchandise covered 
by the orders is new steel rail, except light rail, whether of carbon, 
high carbon, alloy or other quality steel, and includes standard rails, 
all main line sections, heat-treated or head-hardened (premium) rails, 
transit rails, contact rail (or ``third rail'') and crane rails. This 
merchandise is currently classified under subheadings 7302.10.1020, 
7302.10.1040, 7302.10.5000, and 8548.00.0000 of the Harmonized Tariff 
Schedule (HTS). The HTS numbers are provided for convenience and 
Customs purposes. The written description of the scope of these reviews 
remains dispositive.
    These changed circumstances administrative reviews cover all 
manufacturers/exporters of 60 ASCE/ASTM A1-92 steel rail, except light 
rail, from Canada.

Initiation and Preliminary Results of Changed Circumstances Antidumping 
Duty and Countervailing Duty Administrative Reviews, and Intent To 
Revoke Orders in Part

    Pursuant to section 751(d)(1) and 782(h)(2) of the Act, the 
Department may partially revoke an antidumping or countervailing duty 
order based on a review under section 751(b) of the Act (i.e., a 
changed circumstances review). Section 751(b)(1) of the Act requires a 
changed circumstances administrative review to be conducted upon 
receipt of a request which shows changed circumstances sufficient to 
warrant a review.
    The Department's regulations at 19 CFR 353.25(d)(2) and 
355.25(d)(2) permit the Department to conduct changed circumstances 
administrative reviews under section 353.22(f) and 355.22(h), 
respectively, based upon an affirmative statement of no interest from 
the petitioner in the proceeding. Sections 353.25(d)(1)(i) and 
355.25(d)(1)(i) further provide that the Department may revoke an order 
or revoke an order in part if it determines that the order under review 
is no longer of interest to interested parties. In addition, in the 
event that the Department concludes that expedited action is warranted, 
sections 353.22(f)(4) and 355.22(h)(4) of the regulations permit the 
Department to combine the notices of initiation and preliminary 
results.
    Therefore, in accordance with sections 751(d)(1) and 782(h)(2) of 
the Act and 19 CFR 353.25(d), 353.22(f), 355.25(d), and 355.22(h), 
based on affirmative statements of no interest by Bethlehem Steel and 
CF&I Steel, we are initiating these changed circumstances 
administrative reviews. Further, based on the representation made by 
Gerdau that other U.S. producers of this merchandise have no interest 
in the orders with respect to 60 ASCE/ASTM A1-92 steel rail, we 
determine that expedited action is warranted, and we preliminarily 
determine that continued coverage of 60 ASCE/ASTM A1-92 steel rail is 
no longer of interest to domestic interested parties. Because we have 
concluded that expedited action is warranted, we are combining these 
notices of initiation and preliminary results. Therefore, we are hereby 
notifying the public of our intent to revoke in part the antidumping 
and countervailing duty orders as to imports of 60 ASCE/ASTM A1-92 new 
steel rail from Canada.
    If final revocation in part occurs, we intend to instruct the U.S. 
Customs Service (Customs) to liquidate without regard to antidumping or 
countervailing duties and to refund any estimated antidumping and 
countervailing duties collected for all entries of 60 ASCE/ASTM A1-92 
steel rail made on or after the date of publication in the Federal 
Register of the final results of these reviews in accordance with 19 
CFR 353.25(d)(5) and 355.25(d)(5). We will also instruct Customs to pay 
interest on such refunds in accordance with section 778 of the Act. The 
current requirement for a cash deposit of estimated antidumping and 
countervailing duties on 60 ASCE/ASTM A1-92 steel rail will continue 
until publication of the final results of these changed circumstances 
reviews.

Public Comment

    Parties to the proceedings may request disclosure within 5 days of 
the date of publication of this notice and any interested party may 
request a hearing within 10 days of publication. Any hearing, if 
requested, will be held no later than 28 days after the date of 
publication of this notice, or the first workday thereafter. Case 
briefs and/or written comments from interested parties may be submitted 
not later than 14 days after the date of publication of

[[Page 29533]]

this notice. Rebuttal briefs and rebuttals to written comments, limited 
to the issues raised in those comments, may be filed not later than 21 
days after the date of publication of this notice. All written comments 
shall be submitted in accordance with 19 CFR 353.31(e) and 355.31(e) 
and shall be served on all interested parties on the Department's 
service list in accordance with 19 CFR 353.31(g) and 355.31(g). Persons 
interested in attending the hearing should contact the Department for 
the date and time of the hearing. The Department will publish the final 
results of these changed circumstances reviews, including the results 
of its analysis of issues raised in any written comments.
    This notice is in accordance with sections 751(b)(1) of the Act and 
sections 353.22(f), 353.25(d), 355.22(h), and 355.25(d) of the 
Department's regulations.

    Dated: June 4, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-14738 Filed 6-10-96; 8:45 am]
BILLING CODE 3510-DS-P