[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81217-81218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32495]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-423-809]
Stainless Steel Plate in Coils From Belgium: Preliminary Results
of Full Sunset Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 2, 2010, the Department of Commerce (``the
Department'') initiated the second sunset review of the countervailing
duty (``CVD'') order on certain stainless steel plate in coils from
Belgium (``subject merchandise'') pursuant to section 751(c) of the
Tariff Act of 1930, as amended (``the Act''). On the basis of a notice
of intent to participate and an adequate substantive response filed on
behalf of the domestic interested parties and adequate substantive
responses from ArcelorMittal Stainless Belgium N.V. (``AMS'') and the
Government of Belgium (``GOB''), the Department determined to conduct a
full sunset review of the CVD order pursuant to section 751(c) of the
Act and 19 CFR 351.218(e)(2). As a result of our analysis, the
Department preliminarily finds that revocation of the CVD order would
likely lead to continuation or recurrence of a countervailable subsidy.
DATES: Effective Date: December 27, 2010.
FOR FURTHER INFORMATION CONTACT: Alexander Montoro or David Neubacher,
AD/CVD Operations, Office 1, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-0238 or (202) 482-5823.
SUPPLEMENTARY INFORMATION:
Background
On June 2, 2010, the Department initiated the second sunset review
of the CVD order on stainless steel plate in coils (``SSPC'') from
Belgium in accordance with section 751(c) of the Act. See Initiation of
Five-Year (``Sunset'') Review, 75 FR 30777 (June 2, 2010).
Within the deadline specified in 19 CFR 351.218(d)(1)(i), the
Department received notices of intent to participate on behalf of
Allegheny Ludlum Corporation and the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union (collectively, ``Petitioners''). The submitters
claimed interested party status under sections 771(9)(C) and (D) of the
Act, as a manufacturer of a domestic like product and as a certified
union representing workers in the domestic industry producing certain
SSPC, respectively. The Department received a substantive response from
Petitioners within the deadline specified in 19 CFR 351.218(d)(3)(i).
The Department also received substantive responses in a timely manner
from the following respondent interested parties: AMS and the GOB
(collectively, ``Respondents''). Timely rebuttal comments were received
from Petitioners and Respondents on July 9, 2010. On July 22, 2010,
after analyzing the submissions and rebuttals from interested parties
and finding the substantive responses adequate, the Department
determined to conduct a full sunset review. See Memorandum from Yasmin
Nair, International Trade Compliance Analyst, to Susan H. Kuhbach,
Director, AD/CVD Operations, Office 1, entitled ``Adequacy
Determination in Countervailing Duty Sunset Review of Certain Stainless
Steel Plate in Coils from Belgium,'' dated July 22, 2010.
On September 24, 2010, the Department published in the Federal
Register an extension of the time limit for the completion of the
preliminary results of this sunset review until no later than December
20, 2010, as permitted by section 751(c)(5)(B) of the Act. See
Stainless Steel Plate in Coils from Belgium: Extension of Time Limits
for Preliminary and Final Results of Full Five-Year (``Sunset'') Review
of Countervailing Duty Order, 75 FR 58351 (September 24, 2010).
On November 23, 2010, the GOB, at the request of the Department,
placed on the record a verification report from the CVD investigation
of SSPC from Belgium, which the GOB cited in its substantive response.
See GOB's November 23, 2010, submission.
Scope of the Order
The products covered by the order are imports of certain stainless
steel plate in coils. Stainless steel is an alloy steel containing, by
weight, 1.2 percent or less of carbon and 10.5 percent or more of
chromium, with or without other elements. The subject plate products
are flat-rolled products, 254 mm or over in width and 4.75 mm\1\ or
more in
[[Page 81218]]
thickness, in coils, and annealed or otherwise heat treated and pickled
or otherwise descaled. The subject plate may also be further processed
(e.g., cold-rolled, polished, etc.) provided that it maintains the
specified dimensions of plate following such processing. Excluded from
the scope of the order are the following: (1) Plate not in coils, (2)
plate that is not annealed or otherwise heat treated and pickled or
otherwise descaled, (3) sheet and strip, and (4) flat bars.
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\1\ On May 11, 2007, the Department received a scope inquiry
request from U&A Belgium regarding whether the scope of the orders
on SSPC from Belgium excludes stainless steel products with an
actual thickness less than 4.75mm, regardless of its nominal
thickness. The Department conducted a scope inquiry applicable to
all countries subject to the SSPC antidumping and CVD orders. In the
Department's scope ruling, dated December 3, 2008, the Department
determined that SSPC with a nominal thickness of 4.75mm, but with an
actual thickness less than 4.75mm, and within the dimensional
tolerances for this thickness of plate, is included in the scope of
the antidumping duty orders on SSPC from Belgium, Italy, South
Africa, the Republic of Korea, and Taiwan and CVD orders on SSPC
from Belgium and South Africa. See Memorandum from Melissa G.
Skinner to Stephen J. Claeys, entitled ``Stainless Steel Plate in
Coils from Belgium: Final Scope Ruling,'' dated December 3, 2008.
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The merchandise subject to the order is currently classifiable in
the Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.05,
7219.12.00.06, 7219.12.00.20, 7219.12.00.21, 7219.12.00.25,
7219.12.00.26, 7219.12.00.50, 7219.12.00.51, 7219.12.00.55,
7219.12.00.56, 7219.12.00.65, 7219.12.00.66, 7219.12.00.70,
7219.12.00.71, 7219.12.00.80, 7219.12.00.81, 7219.31.00.10,
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15,
7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10,
7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
Department's written description of the scope of the order remains
dispositive.
Analysis of the Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum (``Decision Memorandum'') from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, dated concurrently with this notice, which is
hereby adopted by this notice. Parties can find this public memorandum
in the Central Records Unit, Room 7046 of the main Commerce building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper
copy and electronic version of the Decision Memorandum are identical in
content.
Preliminary Results of Review
The Department preliminarily determines that revocation of the CVD
order will lead to continuation or recurrence of a countervailable
subsidy. The net countervailable subsidy likely to prevail if the order
were revoked is zero percent for AMS and all other companies.
Interested parties may submit case briefs no later than 50 days
after the date of publication of these preliminary results, in
accordance with 19 CFR 351.309(c)(1)(i). Any interested party may
request a hearing within 30 days of publication of this notice in
accordance with 19 CFR 351.310(c). Rebuttal briefs, which must be
limited to issues raised in the case briefs, may be filed not later
than five days after the time limit for filing case briefs in
accordance with 19 CFR 351.309(d). A hearing, if requested, will be
held two days after the date the rebuttal briefs are due. The
Department will issue a notice of final results of this sunset review,
which will include the results of its analysis of issues raised in any
such comments, no later than 330 days after the date of publication of
the notice of initiation (i.e., by April 28, 2011) in accordance with
19 CFR 351.218(f)(3).
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: December 15, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-32495 Filed 12-23-10; 8:45 am]
BILLING CODE 3510-DS-P