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
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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notice have withdrawn their petitions concerning the certain steel products listed and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
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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