64 FR 57032 October 22, 1999 DEPARTMENT OF COMMERCE International Trade Administration [A-588-824] Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Final Results of Changed Circumstances Antidumping Duty Review, and Revocation in Part of Antidumping Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of final results of changed circumstances antidumping duty review, and revocation in part of antidumping duty order. ----------------------------------------------------------------------- SUMMARY: On September 7, 1999, the Department of Commerce (the Department) published a notice of initiation of a changed circumstances antidumping review and preliminary results of review with intent to revoke, in part, the antidumping duty order on certain corrosion- resistant carbon steel flat products from Japan. We are now revoking this order in part, with regard to two products: (1) Steel coil with an aluminum alloy lining, and (2) steel coil with a polytetrafluorethylene (PTFE)/lead-based lining, as described in the ``Scope'' section of this notice, based on the fact that domestic parties have [[Page 57033]] expressed no further interest in the relief provided by the order with respect to the importation or sale of this steel coil lined with an aluminum alloy or with a PTFE/lead-based lining, as so described. EFFECTIVE DATE: October 22, 1999. The Applicable Statute Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (the Act), are references to the provisions effective January 1, 1995, the effective of the amendments made to the Act by the Uruguay Round Agreements Act. In addition, unless otherwise indicated, all citations to the Department's regulations are to the regulations at 19 CFR part 351 (1999). FOR FURTHER INFORMATION CONTACT: Sarah Ellerman or Maureen Flannery, AD/CVD Enforcement, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-4106 or (202) 482-3020, respectively. SUPPLEMENTARY INFORMATION: Background On August 27, 1999, Taiho Corporation of America (Taiho America) requested that the Department revoke in part the antidumping duty order on certain corrosion-resistant carbon steel flat products from Japan with respect to steel coil with an aluminum alloy lining and steel coil with a PTFE/lead-based lining, used in the manufacture of plain sleeve bushings. Taiho America stated in its request that it had contacted the counsel for petitioners and they expressed no objection to the changed circumstances request and further stated that they had no interest in the merchandise. (See Request for Changed Circumstances Review from Taiho Corporation of America; Certain Corrosion-Resistant Carbon Steel Flat Products from Japan, August 27, 1999, (Request for Changed Circumstance Review)). The following domestic producers of corrosion- resistant steel products also filed a statement on August 27, 1999: Bethlehem Steel Corporation; Ispat Inland Steel; LTV Steel Company, Inc.; National Steel Corporation; and U.S. Steel Group, a unit of USX Corporation. In this statement, domestic producers expressed no objection to the initiation of the changed circumstances review, nor any interest in the importation or sale of steel from Japan with respect to the products described in the request submitted by Taiho America. (See Letter from Skadden, Arps, Slate, Meagher & Flom, LLP; Certain Corrosion-Resistant Carbon Steel Flat Products from Japan: Changed Circumstances Review, August 27, 1999.) We preliminarily determined that the petitioner's affirmative statement of no interest constituted changed circumstances sufficient to warrant a review and partial revocation of the order. Consequently, on September 7, 1999, the Department published a notice of initiation and preliminary results of changed circumstance antidumping duty review with an intent to revoke the order, in part (64 FR 48579). The merchandise under review is currently classifiable under subheading 7212.50.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope is dispositive. Scope of Changed Circumstances Review The merchandise covered by the antidumping duty order is certain corrosion-resistant carbon steel flat products from Japan. This changed circumstances review covers: (1) Carbon steel flat products measuring 1.84 mm in thickness and 43.6 mm or 16.1 mm in width consisting of carbon steel coil (SAE 1008) clad with an aluminum alloy that is balance aluminum, 20% tin, 1% copper, 0.3% silicon, 0.15% nickel, less than 1% other materials and meeting the requirements of SAE standard 783 for Bearing and Bushing Alloys; and (2) carbon steel flat products measuring 0.97 mm in thickness and 20 mm in width consisting of carbon steel coil (SAE 1008) with a two-layer lining, the first layer consisting of a copper-lead alloy powder that is balance copper, 9% to 11% tin, 9% to 11% lead, less than 1% zinc, less than 1% other materials and meeting the requirements of SAE standard 792 for Bearing and Bushing Alloys, the second layer consisting of 45% to 55% lead, 38% to 50% PTFE, 3% to 5% molybdenum disulfide and less than 2% other materials.1 --------------------------------------------------------------------------- \1\ The Department described the products covered by this review incorrectly in one section of its initiation notice of September 7, 1999 (64 FR 48579). The specifications listed in this notice are the specifications of the products under review. --------------------------------------------------------------------------- Comments Comment: In the preliminary determination we provided parties the opportunity to comment. We received one comment from domestic producers. Domestic producers claim that the Department's description of the merchandise to be excluded from the order in the substantive portion of its preliminary results differed in several important respects from the description of the merchandise in Taiho America's August 26, 1999 Request for Changed Circumstances Review. The domestic producers claim that their statement of no interest was based on the description of the products in Taiho America's request, and argue that the final results should specifically cover only those products as detailed in this document. Department's Position: We agree with the domestic producers. The products for which we are revoking the antidumping duty order, which we describe above, are exactly those described in Taiho America's Request for Changed Circumstances Review of August 27, 1999. Final Results of Review and Partial Revocation of the Antidumping Duty Order The affirmative statement of no interest by the petitioner concerning the steel coil with an aluminum alloy lining and the steel coil with a PTFE/lead-based lining and the fact that no interested parties objected to or otherwise commented on our preliminary results of review, except as noted above, constitutes changed circumstances sufficient to warrant partial revocation of the order. Therefore, the Department is partially revoking the order on certain corrosion- resistant carbon steel flat products in reference to the two types of products described above, in accordance with sections 751(b) and (d) and 782(h) of the Act and 19 CFR 351.222(g)(i). This partial revocation applies to all unliquidated entries of the above-described merchandise not subject to final results of administrative review as of the date of publication in the Federal Register of these final results of changed circumstances review. The Department will instruct the Customs Service (Customs) to proceed with liquidation, without regard to antidumping duties, of all unliquidated entries of steel coil with an aluminum alloy lining and steel coil with a PTFE/lead-based lining, as specifically described in the ``Scope of Review'' section above, and entered, or withdrawn from the warehouse, for consumption on or after August 1, 1997, i.e., all unliquidated entries of this merchandise not subject to final results of administrative review as of the date of publication in the Federal Register of these final results of changed circumstances review. The Department will further instruct Customs to refund with interest any estimated duties collected with respect to unliquidated [[Page 57034]] entries of steel coil with an aluminum alloy lining and steel coil with a PTFE/lead-based lining entered or withdrawn from the 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. This notice also serves as a final reminder to parties subject to administrative protection orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.34(d)(1997). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This changed circumstances review, partial revocation of the antidumping duty order, and notice are in accordance with sections 751(b) and (d) and 782(h) of the Act and sections 351.216, 351.221(c)(3), and 351.222(g) of the Department's regulations. Dated: October 14, 1999. Robert S. LaRussa, Assistant Secretary for Import Administration. [FR Doc. 99-27687 Filed 10-21-99; 8:45 am] BILLING CODE 3510-DS-P