67304 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

1The Commission made affirmative

determinations with regard to certain carbon and

alloy steel, including (1) slabs, (2) plate, (3) hotrolled steel, (4) cold-rolled steel, (5) coated steel, (6)

hot bar, (7) cold bar, (8) rebar, (9) welded tubular

products other than OCTG, and (10) fittings; and

stainless steel (11) bar and (12) rod.

The Commission was equally divided in its

determination with regard to (1) carbon and alloy

steel tin mill products, (2) tool steel, (3) stainless

steel wire, and (4) stainless steel fittings. Pursuant

to section 330(d)(1) of the Tariff Act of 1930, where

the Commission is equally divided, the

determination of either group of Commissioners

may be considered by the President to be the

determination of the Commission.

The Commission made negative determinations

with regard to carbon and alloy steel (1) GOES, (2)

ingots, (3) rails, (4) wire, (5) rope, (6) nails, (7)

shapes, (8) fabricated structural units, (9) seamless

tubular products other than OCTG, (10) seamless

OCTG, and (11) welded OCTG; and stainless steel

(12) slabs/ingots, (13) plate, (14) cloth, (15) rope,

(16) seamless tubular products, and (17) welded

tubular products.

Descriptions of the products covered by the

investigation and their corresponding subheadings

under the Harmonized Tariff Schedule (HTS) is

presented in appendix A.

the corresponding structure(s) that you

identified, please answer the following

questions: (In your response, please

address the 35 U.S.C. 112, ¶6

equivalents to the corresponding

structures)

Do respondents’ products infringe

claim 39?

Is claim 39 invalid?

Please repeat the above analysis for

dependent claims 41 and 48.

Do complainants meet the technical

prong of the domestic industry

requirement as to claim 39?

6. Assuming for purposes of this

question that 35 U.S.C. 112, ¶6 does not

apply to the ‘‘means for mechanically

locking * * *’’ limitation of claim 39 or

to any other means-plus-function

limitations that you identified for this

claim in the previous question:

How should claims 39, 41, and 48 be

construed?

So construed, do respondents’

products infringe claims 39, 41, or 48?

So construed, are claims 39, 41, or 48

invalid?

So construed, do complainants meet

the technical prong of the domestic

industry requirement as to claim 39?

7. Have complainants established that

respondents possessed specific intent to

encourage another’s infringement, i.e.,

have complainants shown (1) that each

respondent’s actions induced infringing

acts and (2) that each respondent knew

or should have known his actions

would induce actual infringements?

Each party is requested to provide

citations to the record for evidentiary

support. E.g., in particular a citation is

requested for the following exhibits

referenced in the parties’ petitions for

review and responses: the June 21, 2000,

opinion letter from Akzenta and

Tarkett’s counsel (IA’s petition at 29)

and Roysol’s patent and flooring panels

(Roysol’s response at 16).

In connection with the final

disposition of this investigation, the

Commission may issue (1) an order that

could result in the exclusion of the

subject articles from entry into the

United States, and/or (2) cease and

desist orders that could result in

respondents being required to cease and

desist from engaging in unfair acts in

the importation and sale of such

articles. Accordingly, the Commission is

interested in receiving written

submissions that address the form of

remedy, if, that should be ordered. If a

party seeks exclusion of an article from

entry into the United States for purposes

other than entry for consumption, the

party should so indicate and provide

information establishing that activities

involving other types of entry that either

are adversely affecting it or are likely to

do so. For background information, see

the Commission Opinion, In the Matter

of Certain Devices for Connecting

Computers via Telephone Lines, Inv.

No. 337–TA–360.

If the Commission contemplates some

form of remedy, it must consider the

effects of that remedy upon the public

interest. The factors the Commission

will consider include the effect that an

exclusion order and/or cease and desist

orders would have on (1) The public

health and welfare, (2) competitive

conditions in the U.S. economy, (3) U.S.

production of articles that are like or

directly competitive with those that are

subject to investigation, and (4) U.S.

consumers. The Commission is

therefore interested in receiving written

submissions that address the

aforementioned public interest factors

in the context of this investigation.

If the Commission orders some form

of remedy, the President has 60 days to

approve or disapprove the

Commission’s action. During this

period, the subject articles would be

entitled to enter the United States under

a bond, in an amount to be determined

by the Commission and prescribed by

the Secretary of the Treasury. The

Commission is therefore interested in

receiving submissions concerning the

amount of the bond that should be

imposed.

Written Submissions: The parties to

the investigation are requested to file

written submissions on the issues under

review. The submission should be

concise and thoroughly referenced to

the record in this investigation,

including references to exhibits and

testimony. Additionally, the parties to

the investigation, interested government

agencies, and any other interested

persons are encouraged to file written

submissions on the issues of remedy,

the public interest, and bonding. Such

submissions should address the ALJ’s

November 2, 2001, recommended

determination on remedy and bonding.

Complainant and the Commission

investigative attorney are also requested

to submit proposed remedial orders for

the Commission’s consideration. The

written submissions and proposed

remedial orders must be filed no later

than the close of business on January 10,

2002. Reply submissions must be filed

no later than the close of business on

January 17, 2002. No further

submissions will be permitted unless

otherwise ordered by the Commission.

Persons filing written submissions

must file with the Office of the Secretary

the original and 14 true copies thereof

on or before the deadlines stated above.

Any person desiring to submit a

document (or portion thereof) to the

Commission in confidence must request

confidential treatment unless the

information has already been granted

such treatment during the proceedings.

All such requests should be directed to

the Secretary of the Commission and

must include a full statement of the

reasons why the Commission should

grant such treatment. See 19 CFR 201.6.

Documents for which confidential

treatment is granted by the Commission

will be treated accordingly. All

nonconfidential written submissions

will be available for public inspection at

the Office of the Secretary.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, as amended (19 U.S.C. § 1337),

and in sections 210.42–.45 of the

Commission’s Rules of Practice and

Procedure (19 CFR 210.42–210.45).

Issued: December 20, 2001.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 01–31978 Filed 12–27–01; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Investigation No. TA–201–73]

Steel; Import Investigations

Determination

On the basis of information developed

in the subject investigation, the United

States International Trade

Commission—

(1) Determines pursuant to section

202(b) of the Tariff Act of 1974, that

certain steel products 1 are being

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices 67305

A tabulation showing the individual votes of each

Commissioner is presented in appendix B.

2The Commission was equally divided, 3–3, in

its finding with regard to carbon and alloy steel

welded tubular products other than OCTG from

Canada.

3The Commission made a negative finding with

regard to imports from Canada of certain carbon and

alloy steel, including (1) slabs, (2) plate, (3) hotrolled steel, (4) cold-rolled steel, (5) coated steel, (6)

tin mill products, and (7) rebar; (8) tool steel; and

stainless steel (9) rod and (10) wire.

4The Commission voted in the negative regarding

imports from Mexico of carbon and alloy steel (1)

tin-mill products, (2) hot bar, (3) cold bar, (4) rebar,

and (5) welded tubular products other than OCTG;

(6) tool steel; and stainless steel (7) bar, (8) rod, and

(9) wire.

5Pursuant to section 330(d)(2) of the Tariff Act of

1930 (19 U.S.C. § 1330(d)(2)), the remedy

recommendation of Chairman Koplan and

Commissioners Miller and Hillman in this

investigation is to be treated as the remedy finding

of the Commission for purposes of section 203 of

the Trade Act.

6 Vice Chairman Okun joins in this recommended

remedy for the first three years of relief only.

7Chairman Koplan and Commissioner Miller

made affirmative determinations under Section 311

of the NAFTA with respect to imports of welded

tubular products from both Canada and Mexico and

therefore recommend that the additional tariffs

apply to imports in excess of 2,600,000 short tons

in the first year, 2,680,000 short tons in the second

year, 2,760,000 short tons in the third year and

2,840,000 short tons in the fourth year.

Vice Chairman Okun and Commissioner Hillman

made negative determinations under section 311 of

the NAFTA with respect to imports of welded

tubular products from Canada and Mexico and

therefore recommend that the additional tariffs not

apply to those countries and that the tariffs apply

to imports in excess of 1,400,443 short tons in the

first year, 1,442,456 short tons in the second year,

1,485,730 short tons in the third year, and

(Commissioner Hillman only) 1,530,302 short tons

in the fourth year.

8Chairman Koplan, Vice Chairman Okun and

Commissioner Miller determined that the

additional duties on fittings and flanges should

apply to imports from Mexico.

9 Vice Chairman Okun and Commissioners Miller

and Hillman determined that the additional duties

on fittings and flanges should apply to imports from

Canada.

10Chairman Koplan and Commissioner Miller

recommend that the additional duties apply to

imports of hot-rolled bar from Mexico.

11Chairman Koplan and Commissioner Miller

recommend that the additional tariff-rate quota

apply to imports from Mexico.

12To the extent that the U.S.-Jordan Free Trade

Area Implementation Act applies to this

investigation, the Commission further recommends

that none of the additional tariffs be applied to

imports from Jordan.

imported into the United States in such

increased quantities as to be a

substantial cause of serious injury or the

threat of serious injury to the domestic

industry producing articles like or

directly competitive with the imported

articles; and

(2) Finds pursuant to section 311(a) of

the North American Free-Trade

Agreement (NAFTA) Implementation

Act, that imports of carbon and alloy

steel hot bar, cold bar, welded tubular

products,2 and fittings, and stainless

steel bar and fittings from Canada

account for a substantial share of the

total imports and contribute importantly

to the serious injury or threat thereof

caused by imports.3 With regard to

imports from Mexico, the Commission

finds that imports of certain carbon and

alloy flat-rolled steel (slabs, plate, hotrolled steel, cold-rolled steel, and coated

steel), carbon and alloy steel fittings,

and stainless steel fittings from Mexico

account for serious injury or threat

thereof caused by imports.4

Recommendations With Respect to

Remedy

The Commission 5 Recommends a FourYear Program of Tariffs and Tariff-Rate

Quotas

Plate, hot-rolled sheet, cold-rolled

sheet, coated sheet, hot-rolled bar, coldfinished bar and stainless steel rod: An

additional 20 percent ad valorem duty

in the first year of relief, to be reduced

to a 17 percent ad valorem duty in the

second year of relief, 14 percent ad

valorem duty in the third year of relief,

and 11 percent ad valorem duty in the

fourth year of relief;

Stainless steel bar: An additional 15

percent ad valorem duty in the first year

of relief, to be reduced to a 12 percent

ad valorem duty in the second year of

relief, 9 percent ad valorem duty in the

third year of relief, and 6 percent ad

valorem duty in the fourth year of relief;

Carbon and alloy steel fittings and

flanges: 6 An additional 13 percent ad

valorem duty in the first year of relief,

to be reduced to a 10 percent ad

valorem duty in the second year of

relief, 7 percent ad valorem duty in the

third of relief, and 4 percent ad valorem

duty in the fourth year of relief;

Rebar: An additional 10 percent ad

valorem duty in the first year of relief,

to be reduced to an 8 percent ad

valorem duty in the second year of

relief, 6 percent ad valorem duty in the

third year of relief, and 4 percent ad

valorem duty in the fourth year of relief;

Slabs: 6 A tariff-rate quota with an

additional 20 percent ad valorem duty

on imports in excess of 7.0 million short

tons in the first year of relief, 17 percent

ad valorem duty on imports in excess of

7.5 million short tons in the second year

of relief; 14 percent ad valorem duty on

imports in excess of 8.0 million short

tons in the third year of relief; and 11

percent ad valorem duty on imports in

excess of 8.5 million short tons in the

fourth year of relief;

Welded tubular products other than

OCTG: 6 A tariff-rate quota with an

additional 20 percent ad valorem duty

on imports in excess of year 2000 U.S.

imports,7 17 percent ad valorem duty on

imports in excess of the quantities noted

in the second year, 14 percent ad

valorem duty on imports in excess of

the quantities noted for the third year,

and 11 percent ad valorem duty in

imports in excess of the quantities noted

below.

The Commission further recommends

that the additional tariffs or tariff-rate

quotas on slabs, plate, hot-rolled, coldrolled and coated products be applied to

imports from Mexico but not imports

from Canada; that the additional tariffs

on cold-finished bar and stainless steel

bar be applied to imports from Canada

but not imports from Mexico; that the

additional tariffs on rebar and stainless

steel rod not apply to imports from

either Canada or Mexico; that the

additional tariffs on carbon and alloy

fittings and flanges apply to imports

from both Mexico 8 and Canada; 9 and

that the additional tariffs on hot-rolled

bar apply to imports from Canada but

not imports from Mexico.10 With respect

to welded tubular products other than

OCTG, the Commission recommends

that the additional tariff-rate quota not

be applied to imports from Mexico, and

was evenly split regarding Canada.11

The Commission further recommends

that none of the additional tariffs or

tariff-rate quotas apply to imports from

Israel, or to any imports entered dutyfree from beneficiary countries under

the Caribbean Basin Economic Recover

Act or the Andean Trade Preference

Act.12

The Commission also recommends

that the remedy on welded tubular

products other than OCTG not apply to

certain large diameter welded line pipe

products.

The Commission also recommends

that the President continue to pursue

international negotiations with the

governments of all the countries that

supply these steel products aimed at

reducing inefficient global overcapacity

to produce these steel products.

The Commission further encourages

the President to consider other

appropriate action to facilitate the

efforts of the domestic industry to

rationalize and consolidate and thus

make a positive adjustment to import

competition.

The Commission’s remedy

recommendation and the individual

remedy recommendations of the

Commissioners are summarized in the

tabulation at Appendix C.

Commissioner Bragg recommends the

following:

(1) A duty, in addition to the current

rate of duty, for a four-year period on

imports of carbon and alloy steel

imports and for a three-year period on

67306 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

13Although I have reviewed each of the

numerous exclusion requests for specialty products,

I make no recommendation on this issue. I note that

the Office of the U.S. Trade Representative has

established a mechanism to consider product

exclusion requests. 66 FR 208, at 54,321–24 (Oct.

26, 2001).

14 Vice Chairman Okun joins the Commission’s

recommended remedy for the first three years of

relief only.

15To the extent that the U.S.-Jordan Free Trade

Area Implementation Act applies to this

investigation, Vice Chairman Okun further

recommends that none of the import restrictions

applies to imports from Jordan.

imports of stainless and tool steel that

are within the scope of this

investigation, as follows:

Flat Products (including slabs, cut-tolength plate, hot-rolled sheet and strip,

cold-rolled sheet and strip, corrosion

resistant flat products, and tin mill

products): 40 percent ad valorem in the

first year of relief; 38 percent ad

valorem in the second year of relief; 36

percent ad valorem in the third year of

relief; and 31 percent ad valorem in the

fourth year of relief.

Long Mill Products (including hot bar,

cold bar, and rebar): 35 percent ad

valorem in the first year of relief; 33

percent ad valorem in the second year

of relief; 31 percent ad valorem in the

third year of relief; and 26 percent ad

valorem in the fourth year of relief.

Tubular Products (including welded

tubular other than OCTG, and fittings,

flanges, and tool joints): 30 percent ad

valorem in the first year of relief; 28

percent ad valorem in the second year

of relief; 26 percent ad valorem in the

third year of relief; and 21 percent ad

valorem in the fourth year of relief.

Stainless and Tool Steel Flat and

Long Products (including stainless bar,

stainless rod, and tool steel): 25 percent

ad valorem in the first year of relief; 20

percent ad valorem in the second year

of relief; and 15 percent ad valorem in

the third year of relief.

Stainless Wire: 15 percent ad valorem

in the first year of relief; 10 percent ad

valorem in the second year of relief; and

5 percent ad valorem in the third year

of relief.

Stainless Fittings and Flanges: 30

percent ad valorem in the first year of

relief; 25 percent ad valorem in the

second year of relief; and 20 percent ad

valorem in the third year of relief.

(2) Based on her negative injury

findings under section 311(a) of the

NAFTA Implementation Act, with

respect to imports from Canada of

carbon and alloy flat products, carbon

and alloy long products, stainless flat

and long products, and stainless wire

products, as well as imports from

Mexico of carbon and alloy long

products, carbon and alloy welded

tubular other than OCTG, stainless and

tool steel flat and long products, and

stainless wire, Commissioner Bragg

recommends that such imports not be

subject to the increased duties.

(3) Based on her affirmative injury

findings under section 311(a) of the

NAFTA Implementation Act, with

respect to imports from Canada of

carbon and alloy welded tubular other

than OCTG, carbon and alloy fittings,

flanges, and tool joints, and stainless

fittings and flanges, as well as imports

from Mexico of carbon and alloy flat

products, carbon and alloy fittings,

flanges, and tool joints, and stainless

fittings and flanges, Commissioner

Bragg recommends that such imports be

subject to the increased duties.

(4) Commissioner Bragg also

recommends that the increased duties

not apply to imports of covered steel

entered duty-free from beneficiary

countries under the Caribbean Basin

Economic Recovery Act, the Andean

Trade Preference Act, the U.S.-Israel

Free Trade Agreement Act, or the U.S.-

Jordan Free Trade Area Implementation

Act.

(5) In the consideration of

administrative efficiency and past

Commission experience, these remedy

recommendations do not address the

issue of specific product exclusions.

Nonetheless, Commissioner Bragg

recommends that the President review

the record regarding the issues

presented by the interested parties to

the U.S. Trade Representatives’ Trade

Policy Staff Committee.13 Her remedy

recommendation for tariffs applies

across a broad category of products;

tariffs, unlike quotas and tariff-rate

quotas, do not operate to exclude

products or to encourage circumvention

or product shifting.

(6) Commissioner Bragg also indicates

her support for the President’s pursuit

of international negotiations to address

the underlying causes of the increase in

imports, such as global overcapacity and

production, as well as implement any

other action authorized under law that

is likely to facilitate positive adjustment

to import competition, including Trade

Adjustment Assistance to aid the

numerous dislocated workers of the U.S.

steel industries.

Vice Chairman Okun Recommends a

Three-Year Program of Quotas, TariffRate Quotas, and Tariffs

Plate, hot-rolled sheet, cold-rolled

sheet, coated sheet, hot-rolled bar, coldfinished bar, rebar, stainless steel bar,

and stainless steel rod: Quantitative

restrictions on imports of the following

categories, in the following amounts in

the first year, to be increased by three

percent in each subsequent year that the

action is in effect: Plate—1,232,260

short tons, hot-rolled sheet—4,928,712

short tons, cold-rolled sheet—2,796,196

short tons, and coated sheet—1,683,282

short tons, hot-rolled bar—1,961,648

short tons, cold-finished bar—246,033

short tons, rebar—1,054,266 short tons,

stainless steel bar—109,440 short tons,

and stainless steel rod—62,573 short

tons;

Slab: 14 A tariff-rate quota with an

additional 20 percent ad valorem tariff

on imports in excess of 7.0 million short

tons in the first year of relief, an

additional 17 percent ad valorem tariff

on imports in excess of 7.5 million short

tons in the second year of relief; and an

additional 14 percent ad valorem tariff

on imports in excess of 8.0 million short

tons in the third year of relief;

Welded tubular products other than

OCTG: 14 A tariff-rate quota with an

additional 20 percent ad valorem tariff

on imports in excess of 1,400,443 short

tons in the first year of relief, an

additional 17 percent ad valorem tariff

on imports in excess of 1,442,456 shot

tons in the second year, and an

additional 14 percent ad valorem tariff

on imports in excess of 1,485,730 short

tons in the third year of relief;

Carbon and alloy steel fittings and

flanges: 14 An additional 13 percent ad

valorem tariff in the first year of relief,

to be reduced to an additional 10

percent ad valorem tariff in the second

year of relief, and to be reduced to an

additional 7 percent ad valorem tariff in

the third year of relief.

Vice Chairman Okun recommends that

the quotas or tariff-rate quotas on slab,

plate, hot-rolled sheet, cold-rolled sheet

and coated sheet products be applied to

imports from Mexico but not imports

from Canada; that the quotas on hotrolled bar, cold-finished bar and

stainless steel bar be applied to imports

from Canada but not imports from

Mexico; that the quotas on rebar,

welded tubular products and stainless

steel rod not apply to imports from

either Canada or Mexico; that the

additional tariffs on carbon and alloy

fittings and flanges apply to imports

from both Canada and Mexico. Vice

Chairman Okun further recommends

that none of the import restrictions

applies to imports from Israel, or to any

imports entered duty-free from

beneficiary countries under the

Caribbean Basin Economic Recover Act

or the Andean Trade Preference Act.15

Vice Chairman Okun does not

recommend that these remedies apply

in their entirety to certain large diameter

welded line pipe, nor to tool joints

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices 67307

included within the fittings and flanges

category.

Vice Chairman Okun also

recommends that the President

administer quotas and tariff-rate quotas

on a quarterly basis, with countryspecific allocations, and a short-supply

mechanism, with the exception of

welded tubular products

(recommending that the President

administer the remedy globally, on an

annual basis, with a partial product

exclusion).

Vice Chairman Okun also

recommends that the President continue

to pursue international negotiations

with the governments of all the

countries that supply these steel

products aimed at reducing global

inefficient or excess capacity to produce

these steel products.

Vice Chairman Okun also

recommends that the President utilize

all trade adjustment assistance

programs.

Vice Chairman Okun further urges the

President to consider solutions to

address legacy costs and other

impediments to the rationalization and

consolidation of the domestic industries

producing steel.

Commissioner Devaney recommends:

As to Carbon and Alloy Flat Products:

(1) I recommend that the President

impose a duty, in addition to the current

rate of duty, for a four-year period, on

all imports of flat products that are the

subject of the remedy phase of this

investigation as follows: 40 percent ad

valorem in the first year of relief; 38

percent ad valorem in the second year

of relief; 36 percent ad valorem in the

third year of relief and 31 percent ad

valorem in the fourth year of relief;

(2) Having made negative findings

with respect to imports of flat products

from both Mexico and Canada under

section 311(a) of the NAFTA

Implementation Act, I recommend that

such imports not be subject to the

recommended increase in the duty;

(3) I recommend that the increase in

duty described above apply to imports

of flat products from beneficiary

countries under the Caribbean Basin

Economic Recovery Act, but not apply

to imports of flat products from

beneficiary countries under the Andean

Trade Preference Act, imports from

Jordan or imports from Israel.

As to Carbon and Alloy Long

Products:

(1) I recommend that the President

impose a duty, in addition to the current

rate of duty, for a four-year period, on

all imports of carbon bar and rebar as

follows: 35 percent ad valorem in the

first year of relief; 33 percent ad

valorem in the second year of relief; 31

percent ad valorem in the third year of

relief and 26 percent ad valorem in the

fourth year of relief;

(2) Having made negative findings

with respect to imports of carbon bar

and rebar from both Mexico and Canada

under section 311(a) of the NAFTA

Implementation Act, I recommend that

such imports not be subject to the

recommended increase in the duty;

(3) I recommend that the increase in

duty described above apply to imports

of carbon bar and rebar from beneficiary

countries under the Caribbean Basin

Economic Recovery Act, but not apply

to imports of long products from

beneficiary countries under the Andean

Trade Preference Act, imports from

Jordan or imports from Israel.

As to Carbon and Alloy Tubular

Products: (1) I recommend that the

President impose a duty, in addition to

the current rate of duty, for a four year

period, on all imports of tubular

products that are the subject of the

remedy phase of this investigation as

follows: 30 percent ad valorem in the

first year of relief, 28 percent ad

valorem in the second year of relief, 26

percent ad valorem in the third year of

relief, and 21 percent ad valorem in the

fourth year of relief;

(2) Having made negative findings

with respect to imports of tubular

products from both Mexico and Canada

under section 311(a) of the NAFTA

Implementation Act, I recommend that

such imports not be subject to the

recommended increase in the duty;

(3) I recommend that the increase in

duty described above apply to imports

of tubular products from beneficiary

countries under the Caribbean Basin

Economic Recovery Act, but not apply

to imports of tubular products from

beneficiary countries under the Andean

Trade Preference Act, imports from

Jordan or imports from Israel.

As to Stainless Steel Products except

Fittings and Flanges:

(1) I recommend that the President

impose quotas in the amount equal to

the respective average quantities during

the period 1996 to 1998, which I find to

be the most recent representative

period, on imports of stainless steel bar,

stainless steel rod, tool steel, and

stainless steel wire for a three year

period. In addition, I recommend that

during the first year of the quotas, a 15

percent ad valorem duty be placed on

these products. I recommend that the

quota be administered on a quarterly

and country-by-country basis;

(2) Having made a negative finding

with respect to these products from

Canada and Mexico under section

311(a) of the NAFTA Implementation

Act, I recommend that such imports not

be subject to the recommended quotas

and duty increases;

(3) I recommend that this quota and

duty increase apply to stainless bar

imports from beneficiary countries

under the Carribean Basin Recovery Act,

but not apply to imports entered from

beneficiary countries under the Andean

Trade Preference Act, imports from

Jordan, or imports from Israel. These

quotas and duty increases should not

apply to imports of stainless steel rod,

tool steel or stainless steel wire from

Israel, Jordan, beneficiary countries

under the Carribean Basin Recovery Act,

or beneficiary countries under the

Andean Trade Preference Act.

As to Stainless Steel Fittings and

Flanges: (1) I recommend that the

President impose a quota in the amount

equal to the average quantity during the

period 1996 to 1998, which I find to be

the most recent representative period,

on imports of stainless steel fittings and

flanges for a four year period. I

recommend that the quota be

administered on a quarterly and

country-by-country basis;

(2) Should the President determine

that the Commission reached an

affirmative determination with respect

to stainless steel fittings and flanges

from Canada and Mexico under section

311(a) of the NAFTA Implementation

Act, I recommend that such imports be

subject to the quota recommended.

(3) I recommend that this quota not

apply to imports from Israel, Jordan,

beneficiary countries under the

Caribbean Basin Recovery Act, or

beneficiary countries under the Andean

Trade Preference Act.

Further, the Commission has taken

large amounts of evidence on exclusion

requests over the course of this

investigation, and the United States

Trade Representative has gathered

information regarding such requests. I

therefore believe it helpful to the

President and USTR to make a

recommendation regarding these

requests. I have determined that several

specialty or niche products should be

excluded from the remedy

recommended for the product category

to which they belong.

Background

Following receipt of a request from

the United States Trade Representative

on June 22, 2001, the Commission

instituted investigation No. TA–201–73,

Steel, under section 202 of the Trade

Act of 1974 (19 U.S.C. 2252) to

determine whether certain steel

67308 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

16The June 22, 2001, request letter from the

United States Trade Representative and the

accompanying annexes listing the covered products

by HTS categories are on the Commission’s web site

(http://www.usitc.gov).

17On July 26, 2001, the Commission received a

resolution from the Committee on Finance of the

United States Senate for an investigation of the

same scope. Pursuant to section 603 of the Trade

Act, the Commission consolidated the investigation

requested by the Committee with the ongoing

investigation.

1Plate in coil, which is not included in this

category, is included in the hot-rolled category.

products 16 are being imported into the

United States in such increased

quantities as to be a substantial cause of

serious injury, or the threat thereof, to

the domestic industry producing an

article like or directly competitive with

the imported article.17

Notice of the institution of the

Commission’s investigation was given

by posting a copy of the notice on the

Commission’s web site (www.usitc.gov),

and by publishing the notice in the

Federal Register of July 3, 2001 (66 FR

35267). The public hearings in

connection with the injury phase of the

investigations were held between

September 17, 2001 and October 5, 2001

in Washington, DC and Merrillville, IN.

The public hearings in connection with

the remedy phase of the investigations

were held between November 6, 2001

and November 9, 2001 in Washington,

DC.

Issued: December 20, 2001.

By order of the Commission.

Donna R. Koehnke,

Secretary.

Appendix A

Carbon and Alloy Steel Flat Products

Slabs

A slab is a semifinished steel product

produced by continuous casting or by hotrolling or forging. Slabs of carbon steel have

a rectangular cross-section with a width at

least two times the thickness. Slabs of other

alloy steel have a width at least four times

the thickness. Carbon and alloy steel slabs

are provided for in the following HTS

subheadings: 7207.12.0010, 7207.12.0050,

7207.20.0025, 7207.20.0045, and

7224.90.0055.

Plate

This category includes both cut-to-length

(‘‘CTL’’) plate and clad plate. CTL plate is a

flat-rolled product of rectangular crosssection, having a thickness of 4.75 mm or

more and a width which exceeds 150 mm

and measures at least twice the thickness. It

is flat, i.e., not in coil,1 and may be of any

shape (rectangular, circular, or other). It may

have patterns-in-relief derived directly from

rolling (floor plate). It may be perforated,

corrugated, or polished. Plate may also have

been subjected to heat-treatment and may

have been descaled or pickled. Clad plate is

a flat-rolled product of more than one metal

layer, of which the predominating metal is

non-alloy steel, and the layers are joined by

molecular interpenetration of the surfaces in

contact. The metal other than non-alloy steel

used for clad plate may be stainless steel,

titanium, or any other metal. The clad plate

may be in the form of a flat plate or a coiled

plate, may be of any thickness, and may be

either hot- or cold-rolled. Products in this

category are provided for in the following

HTS subheadings: 7208.40.3030,

7208.40.3060, 7208.51.0030, 7208.51.0045,

7208.51.0060, 7208.52.0000, 7208.90.0000,

7210.90.1000, 7211.13.0000, 7211.14.0030,

7211.14.0045, 7225.40.3005, 7225.40.3050,

7225.50.6000, and 7226.91.5000.

Hot-Rolled Steel

Products in this category are hot-rolled

sheet and strip, as well as plate in coils.

These are carbon and alloy steel flat-rolled

products of rectangular cross-section,

produced by hot-rolling on hot-strip

(continuous) mills, reversing mills, or Steckel

mills. If the product is in coils, it may be of

any thickness. If it is in straight lengths, it

must be of a thickness of less than 4.75 mm

and a width measuring at least 10 times the

thickness. It may have patterns-in-relief

derived directly from rolling (floor plate). It

may be perforated, corrugated, or polished. It

may be either unpickled or pickled. It may

have been subjected to various processing

steps after hot reduction, including pickling

or descaling, rewinding, flattening, temper

rolling, or heat treatment, and it may have

been cut into shapes other than rectangular.

Products in this category are provided for in

the following HTS subheadings:

7208.10.1500, 7208.10.3000, 7208.10.6000,

7208.25.3000, 7208.25.6000, 7208.26.0030,

7208.26.0060, 7208.27.0030, 7208.27.0060,

7208.36.0030, 7208.36.0060, 7208.37.0030,

7208.37.0060, 7208.38.0015, 7208.38.0030,

7208.38.0090, 7208.39.0015, 7208.39.0030,

7208.39.0090, 7208.40.6030, 7208.40.6060,

7208.53.0000, 7208.54.0000, 7211.14.0090,

7211.19.1500, 7211.19.2000, 7211.19.3000,

7211.19.4500, 7211.19.6000, 7211.19.7530,

7211.19.7560, 7211.19.7590, 7225.30.3005,

7225.30.3050, 7225.30.7000, 7225.40.7000,

7226.91.7000, and 7226.91.8000.

Cold-Rolled Steel

Products in this category include coldrolled sheet and strip other than GOES.

These are carbon and alloy steel flat-rolled

products of rectangular cross-section,

produced by cold-rolling. If the product is in

coils, it may be of any thickness. If it is in

straight lengths, it must be of a thickness of

less than 4.75 mm and a width measuring at

least 10 times the thickness. The product

may have patterns-in-relief derived directly

from rolling. It may be perforated, corrugated,

or polished. It may have been subjected to

various processing steps after cold reduction,

including flattening, temper rolling, or heat

treatment, and it may have been cut into

shapes other than rectangular. Products in

this category are provided for in the

following HTS subheadings: 7209.15.0000,

7209.16.0030, 7209.16.0060, 7209.16.0090,

7209.17.0030, 7209.17.0060, 7209.17.0090,

7209.18.1530, 7209.18.1560, 7209.18.2510,

7209.18.2550, 7209.18.6000, 7209.25.0000,

7209.26.0000, 7209.27.0000, 7209.28.0000,

7209.90.0000, 7211.23.1500, 7211.23.2000,

7211.23.3000, 7211.23.4500, 7211.23.6030,

7211.23.6060, 7211.23.6075, 7211.23.6085,

7211.29.2030, 7211.29.2090, 7211.29.4500,

7211.29.6030, 7211.29.6080, 7211.90.0000,

7225.19.0000, 7225.50.7000, 7225.50.8010,

7225.50.8015, 7225.50.8085, 7226.92.7050,

7226.92.8005, 7226.92.8050, 7226.19.1000,

7226.19.9000, 7226.92.5000, and

7226.92.7005.

GOES

Grain-oriented electrical steel (‘‘GOES’’)

includes low-carbon, silicon-iron alloys with

a silicon content of approximately 3.2

percent, in which low core loss and high

permeability in the direction of rolling have

been achieved by appropriate metallurgical

processing. It is a flat-rolled cold-rolled steel

product sold in sheet or strip form and has

a grain structure that permits it to conduct a

magnetic field with a high degree of

efficiency. Products in this category are

provided for in the following HTS

subheadings: 7225.11.0000, 7226.11.1000,

7226.11.9030, and 7226.11.9060.

Coated Steel

Products in this category include

corrosion-resistant and other coated sheet

and strip. These products are flat-rolled

products of carbon or alloy steel with a

metallic or nonmetallic coating, other than

tin mill products, and other than clad. The

category includes steel that is galvanized

(i.e., coated with zinc), aluminized, coated

with zinc-aluminum alloy, galvannealed

(heat-treated after coating), coated with a

mixture of lead and tin (i.e., terne plate and

terne coated sheets), painted, and coated

with plastic. Products in this category are

provided for in the following HTS

subheadings: 7210.20.0000, 7210.30.0030,

7210.30.0060, 7210.41.0000, 7210.49.0030,

7210.49.0090, 7210.61.0000, 7210.69.0000,

7210.70.3000, 7210.70.6030, 7210.70.6060,

7210.70.6090, 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,

7225.91.0000, 7225.92.0000, 7225.99.0010,

7225.99.0090, 7226.93.0000, 7226.94.0000,

and 7226.99.0000.

Tin Mill Products

Tin mill products are flat-rolled products

of carbon or alloy steel, plated or coated with

tin or with chromium oxides or with

chromium and chromium oxides (tin-free

steel). The products may be either in coils or

in straight lengths. Tin products are made by

electrolytically coating flat-rolled steel with

tin or chromium. Products in this category

are provided for in the following HTS

subheadings: 7210.11.0000, 7210.12.0000,

7210.50.0000, and 7212.10.0000.

Carbon and Alloy Steel Long Products

Ingots

This category includes ingots, blooms, and

billets. Ingots are the primary form into

which molten steel is cast when produced by

other than continuous casting. Blooms and

billets are semifinished products of

rectangular cross-section with a width less

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices 67309

than two times the thickness if of carbon

steel, or less than four times the thickness if

of other alloy steel. This category includes

other products of solid section, which have

not been further worked than subjected to

primary hot-rolling or roughly shaped by

forging, including tube rounds and blanks for

angles, shapes, or sections. Ingots are

provided for in the following HTS

subheadings: 7206.10.0000, 7206.90.0000,

7207.11.0000, 7207.19.0030, 7207.19.0090,

7207.20.0075, 7207.20.0090, 7224.10.0005,

7224.10.0075, 7224.90.0005, 7224.90.0045,

7224.90.0065, and 7224.90.0075.

Hot Bar

Carbon and alloy hot-rolled bar and light

shapes (‘‘hot bar’’) are products which have

a solid cross-section in the shape of circles,

segments of circles, ovals, triangles,

rectangles (including squares), or other

convex polygons including flattened circles

and modified rectangles of which two

opposite sides are convex arcs and the other

two sides are straight, of equal length, and

parallel. This category includes the

following: Bars of a diameter of 19 mm or

more in irregularly wound coils; freemachining carbon steel and high-nickel alloy

steel bars and rods of any diameter; angles,

shapes, and sections (such as U, I, or H

sections) not further worked than hot-rolled,

hot-drawn, or extruded, of a height of less

than 80 mm; and hollow drill bars and rods

of which the greatest external dimension of

the cross-section exceeds 15 mm but does not

exceed 52 mm, and of which the greatest

internal dimension does not exceed one half

of the greatest external dimension. This

category excludes carbon and alloy

(including free-machining alloy steel) wire

rod having a diameter of 5 mm or more but

less than 19 mm (which are covered by a

section 201 relief on wire rod) and hollow

bars and rods of iron or steel not conforming

to this definition (which are included in the

pipe and tubing product categories). Hot bars

are provided for in the following HTS

subheadings: 7213.20.0000, 7213.99.0060,

7213.99.0090, 7214.10.0000, 7214.30.0000,

7214.91.0015, 7214.91.0060, 7214.91.0090,

7214.99.0015, 7214.99.0030, 7214.99.0045,

7214.99.0060, 7214.99.0075, 7214.99.0090,

7215.90.1000, 7215.90.5000, 7216.10.0010,

7216.10.0050, 7216.21.0000, 7216.22.0000,

7216.50.0000, 7216.61.0000, 7216.69.0000,

7216.91.0000, 7216.99.0000, 7227.20.0000,

7227.20.0010, 7227.20.0090, 7227.90.1030,

7227.90.2030, 7227.90.6005, 7227.90.6058,

7228.20.1000, 7228.30.2000, 7228.30.8005,

7228.30.8050, 7228.40.0000, 7228.60.1030,

7228.60.6000, 7228.70.3020, 7228.70.3040,

7228.70.3060, 7228.70.3080, 7228.70.6000,

and 7228.80.0000.

Cold Bar

Carbon and alloy cold-finished bar (‘‘cold

bar’’) are products defined by shape in the

hot bar category, not in coils, which have

been subjected to a cold-finishing operation

such as cold-rolling, cold-drawing, grinding,

or polishing. Cold bars are provided for in

the following HTS subheadings:

7215.10.0000, 7215.50.0015, 7215.50.0060,

7215.50.0090, 7215.90.3000, 7228.20.5000,

7228.50.1010, 7228.50.5005, 7228.50.5050,

and 7228.60.8000.

Rebar

Carbon and alloy rebar are hot-rolled steel

products which have a solid cross-section (as

described for hot bars) and contain

indentations, ribs, grooves, or other

deformations produced during the rolling

process or by twisting after rolling, for the

purpose of improving the bond with

concrete. Rebar is provided for in HTS

subheadings 7213.10.0000 and 7214.20.0000.

Rails

Carbon and alloy rails and railway

products are railway and track construction

material including rails, check-rails and rackrails, sleepers (cross-ties), fish-plates, and

sole-plates (base plates). The bulk of the

products in this category are produced in

dedicated facilities. Rails are provided for in

the following HTS subheadings:

7302.10.1010, 7302.10.1015, 7302.10.1025,

7302.10.1035, 7302.10.1045, 7302.10.5020,

7302.10.1055, 7302.20.0000, and

7302.40.0000.

Wire

Carbon and alloy wire are cold-formed

products in coils, of any uniform solid crosssection along their entire length, which do

not conform to the definition of flat-rolled

products. Wire is provided for in the

following HTS subheadings: 7217.10.1000,

7217.10.2000, 7217.10.3000, 7217.10.4030,

7217.10.4090, 7217.10.5030, 7217.10.5090,

7217.10.6000, 7217.10.7000, 7217.10.8010,

7217.10.8020, 7217.10.8025, 7217.10.8030,

7217.10.8045, 7217.10.8060, 7217.10.8075,

7217.10.8090, 7217.10.9000, 7217.20.1500,

7217.20.3000, 7217.20.4510, 7217.20.4520,

7217.20.4530, 7217.20.4540, 7217.20.4550,

7217.20.4560, 7217.20.4570, 7217.20.4580,

7217.20.6000, 7217.20.7500, 7217.30.1530,

7217.30.1560, 7217.30.3000, 7217.30.4510,

7217.30.4520, 7217.30.4530, 7217.30.4540,

7217.30.4550, 7217.30.4560, 7217.30.4590,

7217.30.6000, 7217.30.7500, 7217.90.1000,

7217.90.5030, 7217.90.5060, 7217.90.5090,

7229.20.0000, 7229.90.1000, 7229.90.5015,

7229.90.5030, 7229.90.5050, and

7229.90.9000.

Rope

Carbon and alloy strand, rope, cable, and

cordage (‘‘rope’’) are stranded wire (two or

more wires twisted closely together), ropes,

and cables, not electrically insulated. Rope is

provided for in the following HTS

subheadings: 7312.10.3005, 7312.10.3010,

7312.10.3012, 7312.10.3020, 7312.10.3045,

7312.10.3065, 7312.10.3070, 7312.10.3074,

7312.10.3080, 7312.10.8000, 7312.10.9030,

7312.10.9060, and 7312.10.9090.

Nails

Carbon and alloy nails, staples, and woven

cloth (‘‘nails’’) are woven cloth of carbon or

alloy steel wire and nails, tacks, drawing

pins, corrugated nails, staples, and similar

articles of iron or steel, whether or not with

heads of other material, but excluding such

articles with heads of copper. Nails are

provided for in the following HTS

subheadings: 7314.19.0000, 7317.00.5504,

7317.00.5506, 7317.00.5510, 7317.00.5520,

7317.00.5530, 7317.00.5540, 7317.00.5550,

7317.00.5560, 7317.00.5570, 7317.00.5580,

7317.00.5590, 7317.00.6530, 7317.00.6560,

7317.00.7500, and 8305.20.0000.

Shapes

Carbon and alloy heavy structural shapes

and sheet piling (‘‘shapes’’) are angles,

shapes, and sections (such as U, I, or H

sections) of a height equal to or more than

80 mm. The markets for shapes include

distributors, fabricators, and end users.

Shapes are provided for in the following HTS

subheadings: 7216.31.0000, 7216.32.0000,

7216.33.0030, 7216.33.0060, 7216.33.0090,

7216.40.0010, 7216.40.0050, 7301.10.0000,

7301.20.1000, and 7301.20.5000.

Fabricated Structural Units

Carbon and alloy fabricated structural units

are structures (excluding prefabricated

buildings) and parts of structures (i.e.,

bridges and bridge sections, lock gates,

towers, lattice masts, roofs, roofing

frameworks, pillars, and columns) made from

iron or steel plates, rods, angles, shapes,

sections, tubes, and the like. This category

includes sheet-metal roofing, siding, flooring,

and roofing drainage equipment and

excludes doors, windows, their frames and

thresholds, and architectural and ornamental

work. Fabricated products are provided for in

the following HTS subheadings:

7308.10.0000, 7308.20.0000, 7308.40.0000,

7308.90.3000, 7308.90.6000, 7308.90.7000,

7308.90.9530, and 7308.90.9590.

Carbon and Alloy Steel Tubular Products

Seamless Tubular Products Other Than

OCTG

Carbon and alloy seamless tubular

products are tubular products that have no

joint, whether welded or not, along the

longitudinal axis of the product. OCTG and

cast iron pipe, tube, hollow profiles, hollow

drill bars, fittings, flexible tubing, and

insulated electrical conduit tubing are

excluded from this category. Seamless

tubular products are provided for in the

following HTS subheadings: 7304.10.1020,

7304.10.1030, 7304.10.1045, 7304.10.1060,

7304.10.1080, 7304.10.5020, 7304.10.5050,

7304.10.5080, 7304.31.3000, 7304.31.6010,

7304.31.6050, 7304.39.0002, 7304.39.0004,

7304.39.0006, 7304.39.0008, 7304.39.0016,

7304.39.0020, 7304.39.0024, 7304.39.0028,

7304.39.0032, 7304.39.0036, 7304.39.0040,

7304.39.0044, 7304.39.0048, 7304.39.0052,

7304.39.0056, 7304.39.0062, 7304.39.0068,

7304.39.0072, 7304.39.0076, 7304.39.0080,

7304.51.1000, 7304.51.5005, 7304.51.5015,

7304.51.5045, 7304.51.5060, 7304.59.1000,

7304.59.2030, 7304.59.2040, 7304.59.2045,

7304.59.2055, 7304.59.2060, 7304.59.2070,

7304.59.2080, 7304.59.6000, 7304.59.8010,

7304.59.8015, 7304.59.8020, 7304.59.8025,

7304.59.8030, 7304.59.8035, 7304.59.8040,

7304.59.8045, 7304.59.8050, 7304.59.8055,

7304.59.8060, 7304.59.8065, 7304.59.8070,

7304.59.8080, 7304.90.1000, 7304.90.3000,

7304.90.5000, and 7304.90.7000.

Seamless OCTG

Carbon and alloy seamless oil country

tubular goods (‘‘seamless OCTG’’) are

produced by the seamless processes

described above but are used below ground

in the drilling and completion of oil or gas

67310 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

wells. Seamless OCTG consist of casing,

which is the structural retainer for the walls

of oil and gas wells; tubing, which is used

within casing to convey oil or gas to ground

level; and drill pipe, which is used to convey

power to a rotary drilling tool below ground

level. Seamless OCTG are provided for in the

following HTS subheadings: 7304.21.3000,

7304.21.6030, 7304.21.6045, 7304.21.6060,

7304.29.1010, 7304.29.1020, 7304.29.1030,

7304.29.1040, 7304.29.1050, 7304.29.1060,

7304.29.1080, 7304.29.2010, 7304.29.2020,

7304.29.2030, 7304.29.2040, 7304.29.2050,

7304.29.2060, 7304.29.2080, 7304.29.3010,

7304.29.3020, 7304.29.3030, 7304.29.3040,

7304.29.3050, 7304.29.3060, 7304.29.3080,

7304.29.4010, 7304.29.4020, 7304.29.4030,

7304.29.4040, 7304.29.4050, 7304.29.4060,

7304.29.4080, 7304.29.5015, 7304.29.5030,

7304.29.5045, 7304.29.5060, 7304.29.5075,

7304.29.6015, 7304.29.6030, 7304.29.6045,

7304.29.6060, 7304.29.6075, and

8431.43.8040.

Welded Tubular Products Other Than OCTG

Carbon and alloy welded tubular products

are produced by bending flat-rolled steel

products to form a hollow product with

overlapping or abutting seams. These

products are then fastened along the seam by

welding, although clipping, riveting, and

forging are also used to fasten a seam. The

seam produced by the fastening method may

run either longitudinally or spirally along the

length of the product. The welded tubular

goods covered in this category do not include

OCTG and carbon quality steel welded line

pipe of an outside diameter that does not

exceed 406.7 mm (the latter product is

covered by a prior section 201 relief request

on line pipe (see Circular Welded Carbon

Quality Line Pipe, Inv. No. TA–201–70,

publication No. 3261, December 1999).

Welded tubular products are provided for in

the following HTS subheadings:

7305.11.1030, 7305.11.1060, 7305.11.5000,

7305.12.1030, 7305.12.1060, 7305.12.5000,

7305.19.1030, 7305.19.1060, 7305.19.5000,

7305.31.2000, 7305.31.4000, 7305.31.6000,

7305.39.1000, 7305.39.5000, 7305.90.1000,

7305.90.5000, 7306.30.1000, 7306.30.3000,

7306.30.5010, 7306.30.5015, 7306.30.5020,

7306.30.5025, 7306.30.5032, 7306.30.5035,

7306.30.5040, 7306.30.5055, 7306.30.5085,

7306.30.5090, 7306.50.1000, 7306.50.3000,

7306.50.5010, 7306.50.5030, 7306.50.5050,

7306.50.5070, 7306.60.1000, 7306.60.3000,

7306.60.5000, 7306.60.7060, 7306.90.1000,

and 7306.90.5000.

Welded OCTG

Carbon and alloy welded oil country

tubular goods (‘‘welded OCTG’’) are

produced by forming a flat-rolled product

into a tubular shape and then welding the

seam. Welded OCTG are used below ground

in the drilling and completion of oil or gas

wells, and consist of casing, which is the

structural retainer for the walls of oil and gas

wells, and tubing, which is used within the

casing to convey oil or gas to ground level.

Welded OCTG do not include drill pipe.

Welded OCTG are provided for in the

following HTS subheadings: 7305.20.2000,

7305.20.4000, 7305.20.6000, 7305.20.8000,

7306.20.1030, 7306.20.1090, 7306.20.2000,

7306.20.3000, 7306.20.4000, 7306.20.6010,

7306.20.6050, 7306.20.8010, and

7306.20.8050.

Fittings

Carbon and alloy fittings and flanges

(‘‘fittings’’) are generally used for connecting

the bores of two or more pipes or tubes

together, or for connecting a pipe or tube to

some other apparatus, or for closing the tube

aperture. This category also includes tool

joints for welding onto lengths of unfinished

drill pipe to produce finished drill pipe.

Fittings do not include valves or articles used

for installing pipes and tubes but which do

not form an integral part of the bore, e.g.,

hangers, stays, and similar supports,

clamping or tightening bands, or collars used

for clamping flexible tubing or hose to rigid

piping, taps, connecting pieces, etc. Fittings

are provided for in the following HTS

subheadings: 7307.91.5010, 7307.91.5030,

7307.91.5050, 7307.91.5070, 7307.92.3010,

7307.92.3030, 7307.92.9000, 7307.93.3000,

7307.93.6000, 7307.93.9030, 7307.93.9060,

7307.99.5015, 7307.99.5045, 7307.99.5060,

and 8431.43.8020.

Stainless and Tool Steel Products

Slabs/Ingots

Slabs, blooms, billets, and ingots (‘‘slabs/

ingots’’) are the most common forms of semifinished stainless steel. Following the

production of molten steel with the desired

properties, the stainless steel is cast into a

form that can enter the rolling process. This

category includes other products of solid

section that have not been further worked

than primary hot-rolling or roughly shaped

by forging, including tube rounds. Slabs/

ingots are provided for in the following HTS

subheadings: 7218.10.0000, 7218.91.0015,

7218.91.0030, 7218.91.0060, 7218.99.0015,

7218.99.0030, 7218.99.0045, 7218.99.0060,

and 7218.99.0090.

Plate

The production of stainless steel CTL plate

is commonly achieved by the uncoiling of

flat-rolled stainless steel and cutting it to a

desired length. It may be of any shape

(rectangular, circular, or other) and be

produced by rolling on a sheared-plate mill

or by flattening and cutting to length from a

coiled plate. It may be perforated, corrugated,

or polished; subjected to heat-treatment; and

descaled or pickled. Plate in coil form is

included if under 600 mm in width and 4.75

mm or more in thickness. Plate is provided

for in the following HTS subheadings:

7219.21.0005, 7219.21.0020, 7219.21.0040,

7219.21.0060, 7219.22.0005, 7219.22.0015,

7219.22.0020, 7219.22.0025, 7219.22.0035,

7219.22.0040, 7219.22.0045, 7219.22.0070,

7219.22.0075, 7219.22.0080, 7219.31.0050,

and 7220.11.0000.

Bar

Stainless steel bars are articles of stainless

steel in straight lengths having a uniform

solid cross-section in the shape of circles,

segments of circles, ovals, rectangles,

squares, triangles, or other convex polygons.

Also included are angles, shapes, and

sections (such as U, I, or H sections) not

further worked than hot-rolled, hot-drawn, or

extruded and concrete rebar, which has

indentations, ribs, grooves, or other

deformations produced during the rolling

process. Bar is provided for in the following

HTS subheadings: 7221.00.0045,

7222.11.0005, 7222.11.0050, 7222.19.0005,

7222.19.0050, 7222.20.0005, 7222.20.0045,

7222.20.0075, 7222.30.0000, 7222.40.3025,

7222.40.3045, 7222.40.3065, 7222.40.3085,

and 7222.40.6000.

Rod

Stainless steel rod is an intermediate

stainless steel product that is produced in a

wide variety of sizes and grades with a solid

cross-section. Rod covered by this

investigation includes rod of circular crosssection having a diameter of less than 19 mm

and if containing alloy then containing 24

percent or more of nickel, by weight, or of

a shape other than circular, may be of any

size. Rod is provided for in the following

HTS subheadings: 7221.00.00.05,

7221.00.00.15, 7221.00.00.30, and

7221.00.00.75.

Tool Steel

Tool steel includes tool steel in all product

forms. Tool steel is provided for in the

following HTS subheadings: 7224.10.0045,

7224.90.0015, 7224.90.0025, 7224.90.0035,

7225.20.0000, 7225.30.1000, 7225.30.5060,

7225.40.1090, 7225.40.5060, 7225.50.1060,

7226.20.0000, 7226.91.0500, 7226.91.1560,

7226.91.2560, 7226.92.1060, 7226.92.3060,

7227.10.0000, 7227.90.1060, 7227.90.2060,

7228.10.0010, 7228.10.0030, 7228.10.0060,

7228.30.4000, 7228.30.6000, 7228.50.1020,

7228.50.1040, 7228.50.1060, 7228.50.1080,

7228.60.1060, and 7229.10.0000.

Wire

Stainless steel wire is a cold-formed

product in coils, of any uniform solid crosssection along its whole length, which does

not conform to the definition of flat-rolled

products. Wire is provided for in the

following HTS subheadings: 7223.00.1015,

7223.00.1030, 7223.00.1045, 7223.00.1060,

7223.00.1075, 7223.00.5000, and

7223.00.9000.

Cloth

Woven cloth of stainless steel wire is an

article of stainless steel in which wire is

interwoven to produce a fabric. Cloth is

provided for in the following HTS

subheadings: 7314.14.1000, 7314.14.2000,

7314.14.3000, 7314.14.6000, and

7314.14.9000.

Rope

Stainless steel rope includes stranded wire

(two or more wires twisted closely together),

ropes, cables, and cordage which are not

electrically insulated. Wire strand is two or

more wires twisted together precisely around

a center so that all the wires in the strand can

move in unison in order to equally distribute

load and bending stresses. Rope is provided

for in the following HTS subheadings:

7312.10.1030, 7312.10.1050, 7312.10.1070,

7312.10.6030, and 7312.10.6060.

Seamless Tubular Products

Stainless steel seamless tubular products

have no joint, whether welded or not, along

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices 67311

the longitudinal axis of the product and may

be formed by several methods, including hotrolling, hot-extrusion, deep drawing of a disc,

forging, and casting. Seamless tubular

products are provided for in the following

HTS subheadings: 7304.41.3005,

7304.41.3015, 7304.41.3045, 7304.41.6005,

7304.41.6015, 7304.41.6045, 7304.49.0005,

7304.49.0015, 7304.49.0045, and

7304.49.0060.

Welded Tubular Products

Stainless steel welded tubular products are

produced by bending flat-rolled steel

products to form a hollow product with

overlapping or abutting seams. The seam is

then generally fastened together by welding,

although clipping, riveting, and forging are

also used to fasten a seam. The seam may run

either longitudinally or spirally along the

length of the product. Welded tubular

products are provided for in the following

HTS subheadings: 7306.40.1010,

7306.40.1015, 7306.40.1090, 7306.40.5005,

7306.40.5015, 7306.40.5040, 7306.40.5042,

7306.40.5044, 7306.40.5062, 7306.40.5064,

7306.40.5080, 7306.40.5085, 7306.40.5090,

and 7306.60.7030.

Fittings

Stainless steel flanges and fittings are

generally used for connecting the bores of

two or more pipes or tubes together, or for

connecting a pipe or tube to some other

apparatus, or for closing the tube aperture.

This category does not include valves or

articles used for installing pipes and tubes

but which do not form an integral part of the

bore, e.g., hangers, stays, and similar

supports, clamping or tightening bands, or

collars (hose clips) used for clamping flexible

tubing or hose to rigid piping, taps,

connecting pieces, etc. Fittings are provided

for in the following HTS subheadings:

7307.21.1000, 7307.21.5000, 7307.22.1000,

7307.22.5000, 7307.23.0000, 7307.29.0030,

and 7307.29.0090.

BILLING CODE 7020–02–P

67312 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices 67313

67314 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices 67315

67316 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices 67317

67318 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Notices

[FR Doc. 01–31794 Filed 12–27–01; 8:45 am]

BILLING CODE 7020–02–C

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2150–01]

Extension of Memorandum of

Understanding for Fines Mitigation

Under Section 273 of the Immigration

and Nationality Act

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: Air and sea transportation

companies (carriers) may enter into a

memorandum of Understanding (MOU)

with the Immigration and Naturalization

Service (Service). This MOU provides

for mitigation of fines imposed under

section 273 of the Immigration and

Nationality Act (Act) related to

transporting passengers without

passports or visas. By signing the MOU,

the carrier agrees to perform certain

measures aimed at intercepting

improperly documented aliens at

foreign ports-of-embarkation. These

MOUs expired on September 30, 2001.

This notice services to extend the

expiration date until September 30,

2002.

DATES: This notice is effective December

28, 2001.

FOR FURTHER INFORMATION CONTACT: Una

Brien, National Fines Office,

Immigration and Naturalization Service,

1525 Wilson Blvd., Suite 425, Arlington,

VA 22209, telephone (202) 305–7018.

SUPPLEMENTARY INFORMATION:

Under What Authority Can the Service

Reduce Fines?

Pursuant to section 273(e) of the Act,

a violation for section 273(1) of the Act

may be reduced, refunded, or waived in

cases in which a carrier demonstrates

that it screened all passengers on the

vessel or aircraft in accordance with

procedures prescribed by the Attorney

General, or circumstances exist that the

Attorney General determines would

justify such reduction, refund, or

waiver.

The Service published a final rule in

the Federal Register at 63 FR 23643

(April 30, 1998) establishing procedures

that carriers must undertake for the

proper screening of passengers at the

ports-of-embarkation to become eligible

for a reduction, refund, or waiver of a

fine imposed under section 273 of the

Act.

The final rule provided that carriers

that voluntarily signed at MOU with the

Service would receive an automatic

reduction, refund, or waiver of fines

imposed under section 273 of the Act.

By signing the MOU, the carrier agrees

in writing to meet passenger screening

standards stated in 8 CFR 273.3, to train

employees in documentary

requirements, and to pay fines and user

fees promptly. The Service agrees to

provide document training and

information guides to carriers and to

mitigate fines as appropriate.

How Does the Service Measure the

Carrier’s Screening Performance?

The numerical standard, or

Acceptable Performance Level (APL), is

calculated by adding the total number of

section 273(a)(1) violations involving

nonimmigrants for all carriers, divided

by the total number of nonimmigrants

transported by all carriers, multiplied by

1,000. Each carrier is then rated against

the APL using individual Performance

Levels (PL). A carrier’s individual PL is

calculated by applying the same formula

used to calculate the APL.

Carriers that meet or exceed the APL

may be eligible for automatic fines

reductions if the carrier entered into an

MOU with the Service.

If a carrier’s PL is not at or better than

the APL, the carrier may still receive an

automatic fine reduction of 25 percent

if it is signatory to and in compliance

with the MOU.

In order to provide carriers with

additional incentives to screen

documents, a second reduction factor

(APL2) was developed. The APL2 uses

the same formula but only uses the

number of violations and total passenger

counts for carriers who PL falls between

0 and the APL. These carriers will

automatically receive an additional 25

percent reduction.

Why Is the Service Extending the

Expiration Date for MOUs?

The Service is not contemplating any

amendments to the current MOU before

September 30, 2002. In this light, an

extension of all existing MOUs will

benefit both the Service and the carriers

by avoiding the administrative costs that

would result had the Service required

that a new MOU be executed for each

carrier. Carriers will remain eligible for

automatic fine reductions during the

extended period of the MOUs validity as

long as the signatory carrier is in

compliance with screening standards,

training requirements, and payment

requirements enumerated in the MOUs.

Will the Measurements for Screening

Performance Be Changed?

The measurement for screening

performance set forth in the Federal

Register at 63 FR 23643 (April 30, 1998)

will continue to remain in effect. The

Service will inform carriers of any plans

to change the methods used to calculate

a carrier’s screening performance by

publishing a notice in the Federal

Register.

Can a Carrier Sign Up For the MOU

After September 30, 2001?

A carrier can apply to be signatory to

the MOU at any time. A carrier must

meet all requirements before its MOU

will be approved. Generally, a carrier

must have a PL either at or better than

the Service’s APL and must be current

in its payment of all administrative

fines, liquidated damages, and user fees.

If a carrier does not have a PL or does

not have a PL that meets the Service’s

APL, the carrier must submit evidence

to demonstrate that it has screening

procedures in place to prevent

transporting improperly documented

aliens to the United States. Once an

MOU is approved, violations that

occurred on or after the date of the MOU

signing will receive the automatic

reductions.

How Does a Carrier or the Service

Terminate an Existing MOU?

Either party may terminate an MOU

upon 30 days via written notice.

Dated: September 28, 2001.

James W. Ziglar,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 01–31913 Filed 12–27–01; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF LABOR

Employment Standards Administration

Proposed Collection; Comment

Request; Correction

ACTION: Correction.

SUMMARY: In Federal Register Volume

66, Number 244, beginning on page

65513 in the issue of Wednesday,

December 19, 2001, under Current

Actions, under Average hours per

response, make the following

corrections: On page 65513,

SUPPLEMENTARY INFORMATION,

Background, third sentence, reads ‘‘This

information collection contains all

recordkeeping and reporting

requirements which are derived from

the implementing regulations found at

Title 41 of the Code of Federal

Regulations, Chapter 60.’’ Strike the

word ‘‘all’’. On page 65514, the Average

hours per response for the Standard

Form 100 was previously listed as 3.8