64 FR 42920 August 6, 1999 DEPARTMENT OF COMMERCE International Trade Administration [A-588-833] Stainless Steel Bar From Japan: Initiation and Preliminary Results of Changed-Circumstances Antidumping Duty Administrative Review, and Intent To Revoke Order in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of initiation and preliminary results of changed- circumstances antidumping duty administrative review, and intent to revoke order in part. ----------------------------------------------------------------------- SUMMARY: In response to a request by Tohoku Steel Co., Ltd. (Tohoku), the Department of Commerce (the Department) is initiating a changed- circumstances antidumping duty [[Page 42921]] administrative review and issuing an intent to revoke in part the antidumping duty order on stainless steel bar from Japan. Tohoku requested that the Department revoke the order in part with regard to imports of K-M35FL steel bar. Based on the fact that 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, collectively petitioners in the less-than-fair-value (LTFV) investigation and also in this review, support Tohoku's request for a changed-circumstances review and revocation in part of the order with regard to K-M35FL steel bar, we are initiating this review and we preliminarily determine to revoke the order in part with regard to this merchandise. EFFECTIVE DATE: August 6, 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 requested that the Department conduct a changed-circumstances administrative 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 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. As the parties to this proceeding agree on the outcome of the review, Tohoku requests that the Department issue its determination with respect to the changed-circumstances review in an expedited fashion pursuant to 19 CFR 351.216(e). 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 review, 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, 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, groves, 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. Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, and Intent To Revoke 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 administrative 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 administrative review under 19 CFR 351.216(e) based upon an affirmative statement of no interest from the petitioner in the proceeding (i.e., such a statement constitutes ``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 under review is no longer of interest to domestic interested parties. In addition, in the event that the Department concludes that expedited action is warranted, section 351.216(e) of the regulations permits the Department to combine the notices of initiation and preliminary results. Therefore, in accordance with sections 751(d) and 782(h) of the Act and 19 CFR 351.216 and 351.216(e), based on petitioners' affirmative statement of no interest in the continued application of the order to K-M35FL steel bar, we are initiating this changed-circumstances administrative review. Based on the fact that no other domestic interested parties have objected to the position taken by 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 expedited action is warranted, and we are combining these notices of initiation and preliminary results. We have preliminarily determined that there are changed circumstances sufficient to warrant partial revocation of the order on stainless steel bar from Japan. Therefore, we are hereby notifying the public of our intent to revoke in part the antidumping duty order as it relates to imports of K-M35FL from Japan. This partial revocation will apply to all entries of K-M35FL from Japan entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results. Public Comment Any interested party may request a hearing within 10 days of publication of this notice. 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 [[Page 42922]] publication of 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 351.303. Persons interested in attending the hearing, if one is requested, should contact the Department for the date and time of the hearing. The Department will publish the final results of this changed circumstances review, including the results of its analysis of issues raised in any written comments. We are issuing and publishing this determination and notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act and sections 351.216 and 351.222 of the Department's regulations. Dated: July 30, 1999. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. 99-20336 Filed 8-5-99; 8:45 am] BILLING CODE 3510-DS-P