Federal Register: September 16, 1999 (Volume 64, Number 179)NoticesPage 50273-50274From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr16se99-29

DEPARTMENT OF COMMERCE

International Trade Administration

A-588-833Stainless Steel Bar From Japan: Final Results of Changed- Circumstances Review, and Revocation of Order In Part

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

ACTION: Notice of final results of changed-circumstances review and revocation of order in part.

SUMMARY: On August 6, 1999, the Department of Commerce published a notice of initiation and preliminary results of a changed-circumstances review and intent to revoke order in part of the antidumping duty order on stainless steel bar from Japan.

We gave interested parties an opportunity to comment on the preliminary results. We received no comments. We are now revoking this order in part based on the fact that domestic parties support the request of Tohoku Steel Co., Ltd. for a changed-circumstances review and revocation in part of the order with regard to K-M35FL steel bar.

EFFECTIVE DATE: September 16, 1999.

FOR FURTHER INFORMATION CONTACT: Minoo Hatten or Robin Gray, Office of AD/CVD Enforcement, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-1690 or (202) 482-4023, respectively.

SUPPLEMENTARY INFORMATION:

Background

On June 17, 1999, Tohoku Steel Co., Ltd. (Tohoku) requested that the Department of Commerce (the Department) conduct a changed- circumstances review to determine whether to revoke the antidumping duty order in part with regard to K-M35FL steel bar, which is currently covered by the scope of the order. Tohoku stated that the leaded steel product in question is not produced in commercial quantities in the United States. With its June 17, 1999, submission, Tohoku included a letter from the petitioners (Al Tech Specialty Steel Corp., Dunkirk, NY, Carpenter Technology Corp., Reading, PA, Republic Engineered Steels, Inc., Massillon, OH, Slater Steels Corp., Fort Wayne, IN, Talley Metals Technology, Inc., Hartsville, SC, and the United Steel Workers of America, AFL-CIO/CLC) agreeing to Tohoku's request to have K-M35FL steel bar excluded from the scope of the antidumping duty order on stainless steel bar from Japan.

We preliminarily determined that the statement of support from the domestic interested party constituted changed circumstances sufficient to warrant revocation in part of this order. Consequently, on August 6, 1999, we published a notice of initiation and preliminary results of a changed-circumstances review and intent to revoke order in part (64 FR 42920).

The Applicable Statute

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 (URAA). In addition, unless otherwise indicated, all citations to the Department's regulations are to 19 CFR part 351 (1998).

Scope of Review

The products covered by this changed-circumstances review are imports of K-M35FL steel bar manufactured by Tohoku and exported from Japan.

The scope of the order covers stainless steel bar (SSB). For purposes of this order, the term SSB means articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals,

[Page 50274]rectangles (including squares), triangles, hexagons, octagons or other convex polygons. SSB includes cold-finished SSBs that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process.

Except as specified above, the term does not include stainless steel semi-finished products, cut-length flat-rolled products (i.e., cut-length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), wire (i.e., cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes and sections.

The SSB subject to this order is currently classifiable under subheadings 7222.10.0005, 7222.10.0050, 7222.20.0005, 7222.20.0045, 7222.20.0075, and 7222.30.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this order is dispositive.

Final Results of Changed Circumstances Review and Revocation of Order in Part

Pursuant to section 751(d)(1) of the Act, the Department may partially revoke an antidumping 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 review to be conducted upon receipt of a request containing information concerning changed circumstances sufficient to warrant a review.

The Department's regulations at 19 CFR 351.216 provide that the Department will conduct a changed-circumstances review based upon ``changed circumstances sufficient to warrant a review''. Section 782(h) of the Act and 19 CFR 351.222(g)(1)(i) provide further that the Department may revoke an order, or revoke an order in part, if it determines that the order (or part of the order) under review is no longer of interest to domestic interested parties.

Based on the fact that no other domestic interested parties have objected to the position taken by the petitioners that they have no further interest in the application of the order to imports of K-M35FL steel bar from Japan, we have determined that there are changed circumstances sufficient to warrant revocation of the order in part. Therefore, the Department is revoking in part the antidumping duty order on stainless steel bar from Japan, in accordance with sections 751(b) and 782(h) of the Act and 19 CFR 351.222(g)(1)(i). This partial revocation will apply to all entries of K-M35FL from Japan entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this changed circumstances review.

The Department will instruct the Customs Service to cease suspension of liquidation and collection of cash deposits on entries of K-M35FL from Japan entered, or withdrawn from the warehouse, for consumption on or after the publication date of the final results of this changed circumstances review. Additionally, the Department will instruct the Customs Service to proceed with liquidation, without regard to antidumping duties, and to refund with interest any estimated duties collected with respect to unliquidated entries of K-M35FL from Japan or withdrawn from warehouse for consumption on or after the publication date of the final results of this changed-circumstances review, in accordance with section 778 of the Act.

We are issuing and publishing this determination and notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216 and 351.222.

Dated: September 10, 1999. Richard W. Moreland, Acting Assistant Secretary for Import Administration.

FR Doc. 99-24194Filed9-15-99; 8:45 amBILLING CODE 3510-DS-P