47 FR 49058
NOTICES
DEPARTMENT OF COMMERCE
Certain Steel Products From Belgium, France, the Federal Republic of
Germany, Italy, Luxembourg, the Netherlands and the United Kingdom;
Termination of Countervailing Duty and Antidumping Investigations
Friday, October 29, 1982
*49058
AGENCY: International Trade Administration, Commerce.
ACTION: Termination of countervailing duty and antidumping investigations.
SUMMARY: The petitioners the in investigations listed in Appendix I which follows this notice have
withdrawn their petitions concerning the certain steel products listed and described in Appendix II
to this notice. Therefore, we are terminating these conuntervailing duty and antidumping
investigations.
EFFECTIVE DATE: October 29, 1982.
FOR FURTHER INFORMATION CONTACT:
David Binder, Office of Investigations, Import Administration, International Trade
Administration, United States Department of Commerce, 14th Street & Constitution Avenue,
NW., Washington D.C. 20230; telephone: (202) 377-1779.
Case Histories
Countervailing Duty Investigations of Certain Steel Products--Petitions Filed January 11,
1982
On January 11, 1982, we received petitions from the United States Steel Corporation; Behtlehem
Steel Corporation; Republic Steel Corporation; Inland Steel Company; Jones & Laughlin Steel, Inc.;
National Steel Corporation and Cyclops Corporation filed on behalf of the U.S. industry producing
certain carbon steel products. The petitions alleged certain benefits constituting subsidies within
the meaning of section 701 of the Tariff Act of 1930, as amended (the Act), were being provided,
directly or indirectly, to the
manufacturers producers or exporters in certain member states of the European Economic
Community (EEC) of the carbon steel products listed and described in Appendices I and II to this
notice. We found these petitions contained sufficient grounds upon which to initiate
countervailing duty investigations and initiated such investigations on February 1, 1982 (47
FR 5748). On June 10, 1982 we issued our preliminary determinations in these investigations (47
FR 26300). We issued our final determintions on August 24, 1982 (47 FR 39304). These final
determinations stated our conclusions that the governments of certain member states of the EEC
were providing certain of their manufacturers, producers or
*49059
exporters of certain carbon steel products with benefits constituting subsidies within the meaning
of the countervailing duty law.
Antidumping Investigations of Certain Steel Products--Petitions Filed January 11, 1982
On January 11, 1982 we received petitions from the United States Steel Corporation and Bethlehem
Steel Corporation filed on behalf of the U.S. industry producing certain carbon steel products. The
petitions alleged certain carbon steel products from certain member states of the EEC were being,
or were likely to be, sold in the United States at less than fair value. After
reviewing the petitions, we determined they contained sufficient grounds to initiate antidumping
investigations and initiated such investigations on February 1, 1982 (45 FR 5745). On August 9.
1982 we issued our preliminary determinations in these investigations (47 FR 35646). These stated
our preliminary conclusions that certain carbon steel products from certain member states of the
EEC were being sold, or were likely to be sold, in the United States at less than fair value.
Had these investigations continued, we were to have issued our final determinations no
later then December 29, 1982.
Countervailing Duty Investigations of Carbon Steel Welded Pipe & Tube-- Petitions Filed
May 7, 1982
On May 7, 1982 we received a petition from the United States Steel Corporation filed on behalf of
the U.S. industry producing carbon steel welded pipe and tube. The petition alleged certain benefits
constituting subsidies within the meaning of the Act were being provided, directly or indirectly, to
the manufacturers, producers or exporters in certain member states of the EEC of carbon steel
welded pipe. We found these petitions contained sufficient grounds upon which to initiate
countervailing duty investigations and initiated such investigations on May 27, 1982 (47 FR
24169). On October 4, 1982 we issued our preliminary determinations in these investigations (47
FR 44818).
These stated our preliminary conclusions that the benefits provided by the governments of certain
EEC member states to certain of their manufacturers, producerss or exporters of carbon steel
welded pipe and tube were de minimis. Therefore, we issued negative preliminary determinations.
Had these investigations continued, we were to have issued our final determinations no later than
December 20, 1982.
Countervailing Duty and Antidumping Investigations of Steel Rails--Petitions Filed
September 3, 1982
On September 3, 1982 we received a petition from the CF&I Steel Corporation alleging certain
benefits constituting subsidies within the meaning of the Act were being provided, directly or
indirectly, to manufacturers, producers or exporters in the EEC of steel rails. The petition also
alleged steel rails from certain member states of the EEC were being, or were likely to be,
sold in the
United States at less than fair value. After reviewing the petition, we determined it contained
sufficient grounds to initiate countervailing duty and antidumping investigations and
initiated such investigations on September 23, 1982 (47 FR 42744). Had these investigations
continued, we were to have issued our preliminary determinations with respect to
countervailing duties no later than November 29, 1982 and with respect to antidumping
duties no later than February 10, 1982.
On October 21, 1982 representatives of the United States Government and the EEC concluded
agreements with respect to imports into the United States of certain steel products from the EEC.
The text of these agreements and the annexes thereto are set forth in Appendix III to this notice.
SUPPLEMENTARY INFORMATION:
On October 21, 1982 the petitioners in these investigations notified us they were withdrawing their
petitions and requested that the investigations be terminated. Under sections 704(a)
(countervailing duties) and 734(a) (antidumping) of the Act, upon withdrawal of a petition,
the administering authority may terminate an investigation after giving notice to all parties to the
investigation. All parties to these investigations have been notified of petitioners' withdrawals. We
have determined termination of these cases is in the public interest.
Customs Officers have been instructed to refund any estimated countervailing or antidumping
duties collected and to release any bonds or deposits posted with respect to the certain steel
products affected by these terminations.
By virtue of the withdrawal of the petitions and termination of these investigations, all the
preliminary determinations and conclusions reached in all those investigations in which we had
not yet issued a final determination
as to whether the products under investigation benefit from subsidies or are sold at less than fair
value are henceforth without legal force or effect.
Gary N. Horlick,
Deputy Assistant Secretary For Import Administration.
October 21, 1982.
Appendix I.--Countervailing Duty (CVD) and Anditumping (AD) Petitions Withdrawn
--CVD petitions, filed on January 11, 1982, by (1) United States Steel Corporation, (2) Bethlehem
Steel Corporation (3) Republic Steel Corporation; Inland Steel Company; Jones & Laughlin Steel,
Inc., National Steel Corporation, and Cyclops Corporation concerning certain steel products from
Belgium, France, the Federal Republic of Germany, Italy, Luxembourg, the Netherlands, the
United Kingdom, and the European Communities.
--AD petitions, filed on January 11, 1982, by (1) United States Steel Corporation, and (2) Bethlehem
Steel Corporation concerning certain steel products from Belgium, France, the Federal Republic of
Germany, Italy, Luxembourg, the Netherlands, and the United Kingdom.
--CVD petitions, filed on May 7, 1982, by United States Steel Corporation concerning carbon steel
welded pipe and tube from France, the Federal Republic of Germany and Italy.
--CVD petition, filed on September 3, 1982, by CF&I Steel Corporation concerning steel rails from
the European Communities.
--AD petitions, filed on September 3, 1982, by CF&I Steel Corporation concerning steel rails from
France, the Federal Republic of Germany and the United Kingdom.
The individual cases subject to this termination of investigations are:
-------------------------------------------------------------------------------
Product Country
-------------------------------------------------------------------------------
Steel Rails (AD) ............................ UK, France, FRG.
Steel Rails (CVD) ........................... EEC (France, FRG, Luxembourg,
UK).
Hot-Rolled Sheet (AD) ....................... France, Belgium, Italy.
Hot-Rolled Sheet & Strip (AD) ............... Belgium, FRG, Netherlands.
Cold-Rolled Sheet (AD) ...................... France Netherlands
Cold-Rolled Sheet & Strip (AD) .............. FRG
Carbon Steel Plate (AD) ..................... Belgium FRG UK
Structurals (AD) ............................ France FRG Luxembourg UK
Carbon Steel Welded Pipe & Tube (CVD) ....... France, FRG.
Carbon Steel Plate (CVD) .................... Belgium, France, UK.
Hot-Rolled Carbon Plate (CVD) ............... FRG
Structurals (CVD) ........................... Belgium, France, FRG, Luxembourg,
UK.
Hot-Rolled Sheet (CVD) ...................... France
Cold-Rolled Sheet (CVD) ..................... France
Hot-Rolled Sheet & Strip (CVD) .............. Belgium, FRG, Italy.
Cold-Rolled Sheet & Strip (CVD) ............. FRG, Italy.
Hot-Rolled Carbon Bar (CVD) ................. UK.
Cold-Rolled Carbon Bar (CVD) ................ UK.
-------------------------------------------------------------------------------
*49060
APPENDIX II
The following product definitions are taken from the last published Federal Register notice of a
determination in the cases subject to this notice of termination.
1. The term "carbon steel structural shapes" covers hot-rolled, forged,
extruded, or drawn, or cold-formed or cold-finished carbon steel angles, shapes, or sections, not
drilled, not punched, and not otherwise advanced, and not conforming completely to the
specifications given in the headnotes to Schedule 6, Part 2 of the Tariff Schedules of the United
States Annotated ("TSUSA"), for blooms, billets, slabs, sheet bars, bars, wire rods, plates, sheets,
strip, wire, rails, joint bars, tie plates, or any tubular products set forth in the TSUSA, having a
maximum cross-sectional dimension of 3 inches or more, as currently provided for in items
609.8005, 609.8015, 609.8035, 609.8041, or 609.8045 of the TSUSA. Such products are
generally referred to as structural shapes.
2. The term "hot-rolled carbon steel plate" covers hot-rolled carbon steel products, whether or not
corrugated or crimped; not pickled; not cold- rolled; not in coils; not cut, not pressed, and not
stamped to non- rectangular shape; 0.1875 inch or more in thickness and over 8 inches in width; as
currently provided for in items 607.6615, or 607.94, of the Tariff Schedules of the United States
Annotated ("TSUSA"); and hot- or cold-rolled carbon steel plate which has been coated or plated
with zinc including any material which has been painted or otherwise covered after having been
coated or plated with zinc, as currently provided for in items 608.0710 or 608.11 of the TSUSA.
Semifinished products of solid rectangular cross section with a width at least four times the
thickness in the as cast condition or processed only through primary mill hot rolling are
not included.
3. The term "hot-rolled carbon steel sheet and strip" covers the following hot-rolled carbon steel
products. Hot-rolled carbon steel sheet is a hot- rolled carbon steel product, whether or not
corrugated or crimped and whether or not pickled; not cold-rolled; not cut, not pressed, and not
stamped to non-rectangular shape; not coated or plated with metal; over 8 inches in width and in
coils or if not in coils under 0.1875 inch in thickness and over 12 inches in width; as currently
provided for in items 607.6610, 607.6700, 607.8320, 607.8342, or 607.9400 of the Tariff
Schedules of the United States Annotated ("TSUSA"). Please note that the definition of hot-rolled
carbon steel sheet includes some products classified as "PLATE" in the TSUSA (Items 607.6610 and
607.8320). Hot-rolled carbon steel strip is a flat-rolled steel product, whether or not corrugated or
crimped and whether or not pickled; not cold- rolled, not cut, not pressed, and not stamped to
non-rectangular shape; under 0.1875 inch in thickness and not over 12 inches in width; as
currently provided for in items 608.1920, 608.2120, or 608.2320 of the TSUSA. Hot-rolled carbon
steel strip originally rolled less than 12 inches in width and containing over 0.25 percent carbon is
not included.
4. The term "cold-rolled carbon steel sheet and strip" covers the following cold-rolled carbon steel
products. Cold-rolled carbon steel sheet is a cold-rolled carbon steel product, whether or not
corrugated or crimped and
whether or not pickled; not cut, not pressed, and not stamped to non- rectangular shape; not
coated or plated with metal; over 12 inches in width and in coils or if not in coils under 0.1875 inch
in thickness; as currently provided for in items 607.8320 or 607.8344 of the Tariff Schedules of
the United States Annotated ("TSUSA"). Please note that the definition of cold- rolled carbon steel
sheet includes some products classified as "Plate" in the TSUSA (Item 607.8320). Cold-rolled
carbon steel strip is a flat-rolled carbon steel product; cold-rolled, whether or not corrugated or
crimped and whether or not pickled; not cut, not pressed, and not stamped to non-rectangular
shape; under 0.1875 inch in thickness and over 0.50 inch in width but not over 12 inches in width;
as currently provided for in items 608.1940, 608.2140, or 608.2340 of the TSUSA. Cold-rolled
carbon steel strip originally rolled less than 12 inches in width and containing over 0.25 percent
carbon is not included.
5. The term "galvanized carbon steel sheet" covers hot- or cold-rolled carbon steel sheet which has
been coated or plated with zinc including any material which has been painted or otherwise
covered after having been coated or plated with zinc, as currently provided for in items 608.0710,
608.0730, 608.11 or 608.13 of the Tariff Schedules of the United States Annotated ("TSUSA"). Note
that the definition of galvanized carbon steel sheet includes some products classified as "Plate" in
the TSUSA (Items 608.0710 and 608.11). Hot- or cold-
rolled carbon steel sheet which has been coated or plated with metal other than zinc is not
included.
6. The term "hot-rolled carbon steel bars" covers hot-rolled carbon steel products of solid section
which have cross sections in the shape of circles, segments of circles, ovals, triangles, rectangles,
hexagons, or octagons, not cold-formed, and not coated or plated with metal, as currently
provided for in items 606.8310, 606.8330, or 606.8350 of the Tariff Schedules of the United States
Annotated.
7. The term "hot-rolled alloy steel bars" covers hot-rolled alloy steel products, other than those of
stainless or tool steel, of solid section which have cross sections in the shape of circles,
segments of
circles, ovals, triangles, rectangles, hexagons, or octagons, not cold-formed, as currently provided
for in item 606.97 of the Tariff Schedules of the United States.
8. The term "cold-formed carbon steel bars" covers cold-formed carbon steel products of solid
section which have cross sections in the shape of circles, segments of circles, ovals, triangles,
rectangles, hexagons, or octagons, as currently provided for in items 606.8805 or 606.8815 of the
Tariff Schedules of the United States Annotated.
9. The term "cold-formed alloy steel bars" covers cold-formed alloy steel products, other than
those of stainless or tool steel, of solid section which have cross sections in the shape of circles,
segments of circles, ovals,
triangles, rectangles, hexagons, or octagons, as currently provided for in item 606.99 of the Tariff
Schedules of the United States.
10. The term "large diameter welded carbon steel pipes and tubes" covers welded carbon
steel pipes and tubes with walls not thinner than 0.065 of an inch of circular cross section and
over 16 inches in outside diameter, as currently provided for in items 610.3211 and 610.3251 of
the Tariff Schedules of the United States Annotated (TSUSA). Pipes and tubes suitable for use in
boilers, superheaters, heat exchangers, condensers, and feedwater heaters, or conforming to A.P.I.
specifications for oil well tubing, with or without couplings, cold-drawn pipes and tubes and
cold-rolled pipes and tubes with wall thickness not exceeding 0.1 of an inch are not included.
11. The term "Steel Rails" covers hot-rolled carbon steel rails and hot-rolled alloy steel rails,
whether or not punched, weighing not less than 8 pounds per yard, with cross-sectional shapes
intended for carrying wheel loads in railroad, railway and crane runway applications, as currently
provided for in items 610.2010, 610.2020 and 610.2100 of the Tariff Schedules of the United
States Annotated ("TSUSA").
Appendix III--Arrangement
Concerning trade in certain steel products between the European Coal
*49061
and Steel Community (hereinafter called "the ECSC") and the United States (hereinafter called "the
U.S.").
1. Basis of the Arrangement. Recognizing the policy of the ECSC of restructuring its steel industry
including the progressive elimination of state aids pursuant to the ECSC State Aids Code;
recognizing also the process of modernization and structural change in the United States of
America (hereinafter called the "USA"); recognizing the importance as concluded by the OECD of
restoring the competitiveness of OECD steel industries; and recognizing, therefore, the importance
of stability in trade in certain steel products between the European Community (hereinafter called
"the Community") and the USA;
The objective of this Arrangement is to give time to permit restructuring and therefore to create a
period of trade stability. To this effect the ECSC [FN1] shall restrain exports to or destined for
consumption in the USA of products described in Article 3 (a) originating in the Community (such
exports hereinafter called "the Arrangement products") for the period 1st November 1982 to 31st
December 1985.
FN1 To the extent that the Arrangement products are subject to the Treaty establishing the
European Economic Community (the EEC), the term "ECSC" should be substituted by "EEC".
The ECSC shall ensure that in regard to exports effected between 1st August and 31st Octoer 1982,
aberrations from seasonal trade patterns of Arrangement products will be accommodated in the
ensuing licensing period.
2. Condition--Withdrawal of petitions; new petitions. (a) The entry into effect of this Arrangement is
conditional upon:
(1) The withdrawal of the petitions and termination of all investigations concerning all
countervailing duty and antidumping duty petitions listed in Appendix A at the latest by
21st October 1982; and
(2) Receipt by the U.S. at the same time of an undertaking from all such petitioners not to file any
petitions seeking import relief under U.S. law, including countervailing duty, antidumping
duty, Section 301 of the Trade Act of 1974 (other than Section 301 petitions relating to third
country sales by U.S. exporters) or Section 337 of the Tariff Act of 1930, on the Arrangement
products during the period in which this Arrangement is in effect.
(b) If during the period in which the Arrangement is in effect, any such investigations [FN2] or
investigations under Section 201 of the Trade Act of 1974, Section 232 of the Trade Expansion Act
of 1962, or Section 301 of the Trade Act of 1974 (other than Section 301 petitions relating to third
country sales by U.S. exporters) are initiated or petitions filed or litigation (including antitrust
litigation) instituted with respect to the Arrangement products, and the petitioner of litigant is one
of those referred to in article
2a), the ECSC shall be entitled to terminate the Arrangement with respect to some or all of the
Arrangement products after consultations with the U.S., at the earliest 15 days after such
consultations.
FN2 With respect to any Section 337 investigation, the parties shall consult to determine the basis
for the investigation.
If such petitions are filed or litigation commenced by petitioners or litigants other than those
referred to in the previous paragraph, or investigations initiated, on any of the Arrangement
products, the ECSC shall be entitled to terminate the Arrangement with respect to the Arrangement
product which is the subject of the petition, litigation or investigation after consultations with the
U.S., at the earliest 15 days after such consultations. In addition, if during the consultations it is
determined that the petition, litigation or investigation threatens to impair the attainment of the
objectives of the Arrangement, then the ECSC shall be entitled to terminate the Arrangement with
respect to some or all Arrangement products, at the earliest 15 days after such consultations.
These consultations will take into account the nature of the petitions or litigation, the identity of
the petitioner or litigant, the amount of trade involved, the scope of relief sought, and other
relevant factors.
(c) If, during the term of this Arrangement, any of the above mentioned
proceedings of litigation is instituted in the USA against certain steel products as defined in Article
3 (b) imported from the Community which are not Arrangement products and which substantially
threaten its objective, then the ECSC and the U.S., before taking any other measure, shall consult to
consider appropriate remedial measures.
3. Product description. (a) The products are:
Hot-rolled sheet and strip
Cold-rolled sheet
Plate
Structurals
Wire rods
Hot-rolled bars
Coated sheet
Tin plate
Rails
Sheet piling
as described and classified in Appendix B by reference to corresponding Tariff Schedules of the
United States Annotated (TSUSA) item numbers and EC NIMEXE classification numbers.
(b) For purposes of this Arrangement, the term "certain steel products" refers to the products
described in Appendix E.
4. Export Limits. (a) For the period 1st November 1982 to 31 December 1983 (hereinafter called
"the Initial Period") and thereafter for each of the years 1984 and 1985 export licenses shall be
required for the Arrangement products. Such licenses shall be issued to Community exporters for
each product in quantities no greater than the following percentages of the projected U.S. Apparent
Consumption (hereinafter called "export ceilings") for the relevant period:
-------------------------------------------------
Product Percentage
-------------------------------------------------
Hot-rolled sheet and strip ................. 6.81
Cold-rolled sheet .......................... 5.11
Plate ...................................... 5.36
Structurals ................................ 9.91
Wire rods .................................. 4.29
Hot-rolled bars ............................ 2.38
Coated sheet ............................... 3.27
Tin plate .................................. 2.20
Rails ...................................... 8.90
Sheet piling .............................. 21.85
-------------------------------------------------
For the purposes of this Arrangement, "U.S. Apparent Consumption" shall mean shipments
(deliveries) minus exports plus imports, as described in Appendix D.
(b) Where Arrangement products imported into the USA are subsequently re- exported therefrom,
without having been subject to substantial transformation, the export ceiling for such products for
the period corresponding to the time of such re-export shall be increased by the same amount.
(c) For the purposes of this Arrangement the USA shall comprise both the U.S. Customs Territory
and U.S. Foreign Trade Zones. In consequence the entry into the U.S. Customs Territory of
Arrangement products which have already entered into a Foreign Trade Zone shall not then be
again taken into account as imports of Arrangement products.
5. Calculation and revision of U.S. Apparent Consumption forecast and of export limits. The U.S., in
agreement with the ECSC, will select an independent forecaster which will provide the estimate of
U.S. Apparent Consumption for the purposes of this Arrangement.
For the Initial Period, a first projection of the U.S. Apparent Consumption by product will be
established as early as possible and in any event before 20th October 1982. A provisional export
*49062
ceiling for each product will then be calculated for that period by multiplying the U.S. Apparent
Consumption
of each product by the percentage indicated in Article 4 for that product. These figures for
projected Apparent Consumption will be revised in December 1982, February, May, August and
October of 1983, by the said independent forecaster, and appropriate adjustments will be made to
the export ceilings for each product taking into account licenses already issued under Article 4.
The same procedure will be followed to calculate and revise the U.S. Apparent Consumption and
export ceilings for 1984 and for 1985, the first projection being established by the independnet
forecaster by 1st October of 1983 and 1984, respectively.
In February of each year as from 1984, adjustments to that year's export ceiling for each product
will be made for differences between the forecasted U.S. Apparent Consumption and actual U.S.
Apparent Consumption of that product in the previous year or (in February 1984) in the Initial
Period.
6. Export Licences and Certificates. (a) By Decisions and Regulations to be published in the Official
Journal of the European Communities the ECSC will require an export licence for all Arrangement
products. Such export licences will be issued in a manner that will avoid abnormal concentrations
in exports of Arrangement products to the USA taking into account seasonal trade patterns. The
ECSC shall take such action, including the imposition of penalties, as may be necessary to make
effective the obligations resulting from the export licences. The ECSC will inform the U.S. of any
violations
concerning the export licences which come to its attention and the action taken with respect
thereto.
Export licences will provide that shipment must be made within a period of three months.
Export licences will be issued against the export ceiling for the Initial Period or a specific calendar
year as the case may be. Export licences may be used as early as 1st December of the previous year
within a limit of eight (8) percent of the ceiling for the given year. Export licences may not be used
after 31st December of the year for which they are issued except that licences not so used may be
used during the first two months of the following year with a limit of (8) percent of the export
ceiling of the previous year or eight (8) percent of eighty-six (86) percent of the export ceiling of
the Initial Period, as the case may be.
(b) The ECSC will require that Arrangement products shall be accompanied by a certificate
substantially in the form set out in Appendix C, endorsed in relation to such a licence. The U.S.
shall require presentation of such certificate as a condition for entry into the USA of the
Arrangement products. The U.S. shall prohibit entry of such products not accompanied by such a
certificate.
7. Technical adjustment. (a) The specific product export ceilings provided for in Article 4 may be
adjusted by the ECSC with notice to the U.S.
Adjustments to increase the volume of one product must be offset by an equivalent volume
reduction for another product for the same period. Notwithstanding the preceding sentences, no
adjustment may be made under this paragraph which results in an increase or a decrease in a
specific product limitation under Article 4 by more than five (5) percent by volume for the
relevant period.
The ECSC and the U.S. may agree to increase the above percentage limit.
(b) Normally, only one change in a specific product export ceiling in a given year or the Initial
Period may be made by an adjustment under the preceding paragraph or use of licences in
December or January/February under Article 6(a). Accordingly, changes in a given year or the
Initial Period by use of more than one of those three provisions may be made only upon agreement
between the ECSC and the U.S.
8. Short supply. On the occasion of each quarterly consultation provided for in Article 10 the U.S.
and the ECSC will examine the supply and demand situation in the USA for each of the products
listed in Appendix B. If the U.S. in consultation with the ECSC determines that because of abnormal
supply or demand factors, the U.S. steel industry will be unable to meet demand in the USA for a
particular product (including substantial objective evidence such as allocation, extended delivery
periods, or other relevent factors) an additional tonnage shall be allowed for such product or
products by a special issue of
licences limited to 10 percent of the ECSC's unadjusted export ceiling for that product or products.
In extraordinary circumstances as determined by the allowable level of special licences.
Each authorized special issue export licence and certificate derived therefrom shall be so marked.
Each such licence must be used within 180 days after the start of the quarter when that special
issue began.
9. Monitoring. The ECSC will within one month of each quarter and for the first time by 31st
January 1983 supply the U.S. with such non-confidential information on all export licences issued
for Arrangement products as is required for the proper functioning of this Arrangement.
The U.S. will collect and transmit quarterly to the ECSC all non-confidential information relating to
certificates received during the preceding quarter in respect of the Arrangement products, and
relating to actions taken in respect of Arrangement products for violations of customs laws.
10. General. Quarterly consultations shall take place between the ECSC and the U.S. on any matter
arising out of the operation of the Arrangement. Consultations shall be held at any other time at the
request of either the ECSC or the U.S. to discuss any matters including trends in the importation of
certain steel products which impair or threaten to impair the attainment of the objectives of this
Arrangement.
In particular, if imports from the ECSC of certain steel products other
than Arrangement products of of alloy Arrangement products show a significant increase
indicating the possibility of diversion of trade from Arrangement products to certain steel
products other than Arrangement products or from carbon to alloy within the same Arrangement
product, consultations will be held between the U.S. and the ECSC with the objective of preventing
such diversion, taking account of the ECSC 1981 U.S. market share levels.
Should these consultations demonstrate that there has indeed been a diversion of trade which is
such as to impair the attainment of the objectives of the Arrangement, then within 60 days of the
request for consultations both sides will take the necessary measures for the products concerned in
order to prevent such a diversion. For alloy Arrangement products, such measures will include the
creation of separate products for purposes of Articles 3 and 4 at the 1981 U.S. market share levels.
For certain steel products other than Arrangement products, suh measures may include the
creation of products for purposes of Articles 3 and 4.
Consultations will also be held if there are indications that imports from third countries are
replacing imports from the ECSC.
11. Scope of the Arrangement. This Arrangement shall apply to the U.S. Customs Territory (except
as otherwise provided in Article 4(c)) and to the territories to which the Treaty establishing the
ECSC as presently constituted applies on the conditions laid down in that Treaty.
*49063
12. Notices. For all purposes hereunder the U.S. and the ECSC shall be represented by and all
communications and notices shall be given and addressed to:
For the ECSC
The Commission of the European Communities (Directorates General for External Relations (I) and
Internal Market and Industrial Affairs (III)).
Rue de la Loi, 200, 1049 Brussels, Belgium, Tel: 235.11.11, Telex: 21877 COMEU B.
For the U.S.
U.S. Department of Commerce, Deputy Assistant Secretary for Import Administration,
International Trade Administration, Washington, D.C. 20230, Tel: 202/377-1780, Telex:
892536 USDOC WSH DAS/IA/ITA.
APPENDIX A.--List of Countervailing Duty (CVD) and Antidumping Duty (AD) Petitions
[FN1] to be Withdrawn
FN1 For purposes of this Arrangement, the term "petitions" covers all matters
included in the petitions filed on the dates listed, whether or not the DOC initiated investigations on
the products or countries concerned.
CVD petitions, filed on January 11, 1982, by (1) United States Steel Corporation, (2) Bethlehem
Steel Corporation, and (3) Republic Steel Corporation, Inland Steel Company, Jones & Laughlin
Steel, Inc., National Steel Corporation, and Cyclops Corporation concerning certain steel products
from Belgium, France, the Federal Republic of Germany, Italy, Luxembourg, the Netherlands,
the United Kingdom, and the European Communities.
AD petitions, filed on January 11, 1982, by (1) United States Steel Corporation, and (2) Bethlehem
Steel Corporation concerning certain steel products from Belgium, France, the Federal Republic of
Germany, Italy, Luxembourg, the Netherlands, and the United Kngdom.
CVD petitions, filed on February 8, 1982, by Atlantic Steel Corporation, Georgetown Steel
Corporation, Georgetown Texas Steel Corporation, Keystone Consolidated, Inc., Korf Industries,
Inc., Penn Dixie Steel Corporation and Raritan River Steel Company concerning carbon steel wire
rod from Belgium and France.
CVD petitions, filed on May 7, 1982, by United States Steel Corporation concerning carbon steel
welded pipe from France, the Federal Republic of Germany and Italy.
CVD petition, filed on September 3, 1982, by CF & I Steel Corporation
concerning steel rails from the European Communities.
AD petitions, filed on September 3, 1982, by CF & I Steel Corporation concerning steel rails from
France, the Federal Repbulic of Germany and the United Kingdom.
Appendix B--Product Coverage
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Description NIMEXE No. [FN1] TSUSA Nos.
-------------------------------------------------------------------------------
Hot Rolled Carbon
Steel Sheet and
Strip ...................... 73.08-03, 73.08-05, 73.08-07, 607.6610,
73.08-21, 73.08-25, 73.08-29, 607.6700,
73.08-41, 73.08-45, 73.08-49, 607.8342,
73.12-19, 73.13-21, 73.13-23, 608.1920,
73.13-26, 73.13-32, 73.13-34, 608.2120,
73.13-36, 73.62-10, 73.64-20, 608.2320.
73.65-23, 73.65-25
Hot Rolled Alloy
Steel Sheet and
Strip ...................... 73.72-19, 73.74-29, 73.75-34, 607.8100, [FN2]
73.75-39, 73.75-44, 73.75-49 608.3820, [FN2]
608.5520, [FN2]
608.6720.
Cold Rolled Carbon
Steel Sheet .......... [FN3] 73.12-29, 73.13-41, 73.13-43, 607.8320,
73.13-45, 73.13-47, 73.13-49, 607.8344.
73.13-50, [FN3] 73.64-50, 73.65-53,
73.65-55
Cold Rolled Alloy
Steel Sheet .............. [FN3] 73.74-54, [FN3] 73.74-59, 607.9320.
73.75-54, 73.75-59, 73.75-64,
73.75-69
Carbon Steel Plate ........... 73.09-00, 73.13-17, 73.13-19, [FN4] 607.6615,
73.13-78, 73.13-79, 73.62-30, 607.9400,
73.64-72, 73.64-75, 73.65-21 608.0710,
608.1100.
Alloy Steel Plate ............. 73.72-39, 73.75-24, 73.75-29 [FN4] 607.7800,
607.9100,
608.1420.
Carbon Coated Sheet:
(Galvanized Carbon
Steel Sheet and
Other Carbon
Coated Sheet) ...... [FN3] 73.12-40, [FN3] 73.12-61, [FN3] 608.0730,
73.12-63, [FN3] 73.12-71, [FN3] 608.1300.
73.12-75, [FN3] 73.12-88, 73.13-67,
73.13-68, 73.13-72, 73.13-88, [FN3]
73.64-79, 73.65-70
Alloy Coated: Sheet
and Terne, Plate
and Sheet ................ [FN3] 73.12-65, 73.13-74, [FN3] 608.0100,
73.74-72, [FN3] 73.74-74, [FN3] 608.1440.
73.74-89, 73.75-79
Tinplate (not
including
blackplate) .......... [FN3] 73.12-51, 73.12-59, 73.13-64, 607.9600,
73.13-65 607.9700,
607.9900.
Carbon Steel
Structural Shapes .......... 73.11-12, 73.11-14, 73.11-16, 609.8005,
73.11-19, 73.11-20, 73.11-31, 609.8015,
73.11-39, 73.63-10, [FN5] 73.63-29, 609.8035,
73.63-50 609.8041,
609.8045.
Alloy Steel
Structural Shapes .. [FN5] 73.73-14, [FN5] 73.73-19, [FN5] 609.8200.
73.73-34, [FN5] 73.73-35, [FN5]
73.73-36, [FN5] 73.73-39, 73.73-49,
73.73-54, [FN5] 73.73-55, 73.73-59
Carbon Wire Rod ........ 73.10-11, [FN6] 73.10-16, 73.63-21, 607.1400,
[FN6] 73.63-29, [FN7] 73.73-25, 607.1700,
[FN6] 73.73-35 607.2200,
607.2300.
Hot Rolled Carbon
Steel Bar ......... [FN8] 73.10-16, [FN9] 73.10-42, [FN10]
73.10-49, [FN11] 73.63-29, [FN9]
73.63-72, [FN10] 73.63-79, [FN7] 8%n
73.73-35 ....................................... 606.83
Hot Rolled Alloy Bar ..... [FN12] 73.73-34, [FN13] 73.73-35, 606.9700.
[FN12] 73.73-36, [FN12] 73.73-39,
[FN9] 73.73-72, [FN10] 73.73-89
Carbon and Alloy
Rails ...................... 73.16-11, 73.16-14, 73.16-16, 610.2010,
73.16-17, 73.16-20 610.2020,
610.2100.
Carbon and Alloy
Sheet Piling .................................... 73.11-50 609.9600,
609.9800.
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1 Subject to further verfications and amendments to be agreed upon by experts
of both parties before 1st November 1982.
2 Covered if hot rolled.
3 Covered if over 12" in width.
4 Excluding semifinished products over 6 inches in thickness produced by
rolling on a primary (slabbing) mill.
5 Covered if structural shapes.
6 Covered if coiled bar from 13 to 18.8 mm diameter.
7 Covered if contains up to 0.35 percent lead or sulfur.
8 Excluding coiled bar from 13 to 18.8 mm diameter.
9 Not covered if coated, plated or clad.
10 Excluded if cold finished.
11 Covered if hot rolled bar, excluding coiled bar from 13 to 18.8 mm diameter.
12 Covered if hot rolled bar.
13 Covered if hot rolled bar, and 0.35 percent or more lead or sulfur.
BILLING CODE 3510-25-M
Insert Illustrations 3416
BILLING CODE 3510-25-C
*49065
Appendix D.--Concordance Between Shipment, Import and Export
Categories FOR
Selected Groups of Steel Mill Products
-------------------------------------------------------------------------------
Product 1965-81 shipments 1979-81 1981 imports (TSUSA's)
(AISI-10) exports
(schedule
B's)
-------------------------------------------------------------------------------
1. HR carbon sheet
and strip ........ Cat. 31, 36
(carbon only) ........ 608.8610, 607.6610, 607.6700,
609.0910 607.8342, 608.1920,
608.2120, 608.2320.
HR alloy sheet and
strip ............ Cat. 31, 36 (alloy
only) ................ 608.8620, 607.8100, 608.3820,
609.0920 (HR only), 608.6720,
(HR only).
2. CR Carbon sheet . Cat. 32 (carbon
only) ................. 608.9120 607.8344, 607.8320.
CR alloy sheet ..... Cat. 32 (alloy
only) ................. 608.9135 607.9320.
3. Carbon plate .... Cat. 6 (carbon
only) ................. 608.8112 607.6615 [FN1] ,
607.9400, 608.0710,
608.1100.
Alloy plate ........ Cat. 6 (alloy
only) ................. 608.8121 607.7800 [FN1] ,
607.9100, 608.1420.
4. Carbon
structural shapes Cat. 4 (carbon
only) ................ 609.8110, 609.8005, 609.8015,
609.8120 609.8035, 609.8041,
609.8045.
Alloy structural
shapes ........... Cat. 4 (alloy
only) ................. 609.8130 609.8200.
5. Carbon wire rods Cat. 3 (carbon
only) ................. 608.7400 607.1400, 607.1700,
607.2200, 607.2300.
6. HR carbon bar ... Cat. 14 (carbon
only) ................. 608.4310 606.8310, 606.8330,
606.8350.
HR alloy bar ....... Cat. 14 (alloy
only) ................. 608.4340 606.9700.
7. Carbon and alloy
coated sheet and
terne plate and
sheet ............ Cat. 33A, 33B, 34 ...... 609.1605, 608.0100, 608.0730,
609.1620, 608.1300, 608.1440.
609.1625,
609.1615
8. Tin plate ....... Cat. 29 ................ 609.1613, 607.9600, 607.9700,
609.1610 607.9900.
9. Carbon and alloy
rails ............ Cat. 7, 8 .............. 610.2205, 610.2010, 610.2020,
610.2215 610.2100.
10. Carbon and
alloy sheet
piling ........... Cat. 5 .................. 609.9700 609.9600, 609.9800.
-------------------------------------------------------------------------------
1 Excluding semifinished products over 6 inches in thickness produced by
rolling on a primary (slabbing) mill.
APPENDIX E
"Certain Steel Products" Definition
"Certain steel products" means all products included in the 1982 AISI import categories 1 through
36 excluding categories 14 through 19 (inclusive) and also excluding the following TSUSA item
numbers:
[FR Doc. 82-29511 Filed 10-28-82; 8:45 am]
BILLING CODE 3510-25-M