[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Notices]
[Pages 12702-12703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5220]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-818; C-560-806; C-475-827; C-580-837]
Certain Cut-to-Length Carbon-Quality Steel Plate From India,
Indonesia, Italy, and the Republic of Korea: Final Results of Expedited
Sunset Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2010, the Department of Commerce (``the
Department'') initiated the second sunset reviews of the countervailing
duty (``CVD'') orders on certain cut-to-length carbon-quality steel
plate from India, Indonesia, Italy, and the Republic of Korea
(``Korea'') pursuant to section 751(c) of the Tariff Act of 1930, as
amended (``the Act''). On the basis of notices of intent to participate
and adequate substantive responses filed on behalf of the domestic
interested parties and inadequate response from respondent interested
parties (in these cases, no response), the Department conducted
expedited sunset reviews of these CVD orders pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of
these sunset reviews, the Department finds that revocation of the CVD
orders would be likely to lead to continuation or recurrence of a
countervailable subsidy at the level indicated in the ``Final Results
of Reviews'' section of this notice.
DATES: Effective Date: March 8, 2011.
FOR FURTHER INFORMATION CONTACT: Eric Greynolds, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-6071.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2010, the Department initiated a sunset review of
the CVD orders on certain cut-to-length carbon-quality steel plate from
India, Indonesia, Italy, and Korea pursuant to section 751(c) of the
Act. See Initiation of Five-Year (``Sunset'') Review, 75 FR 67082
(November 1, 2010). The Department received a notice of intent to
participate in each of these reviews from the following domestic
interested parties: Nucor Corporation, ArcelorMittal USA, Evraz NA
Claymont, Evraz NA Oregon Steel Mills, and SSAB N.A.D. (collectively,
``domestic interested parties'') within the deadline specified in 19
CFR 351.218(d)(1)(i). The domestic interested parties claimed
interested party status under section 771(9)(C) of the Act.
The Department received adequate substantive responses collectively
from the domestic interested parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i). However, the Department did not
receive a substantive response from any government or respondent
interested party to these proceedings. As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
[[Page 12703]]
the Department conducted expedited reviews of these CVD orders.
Scope of the Orders
The products covered by the countervailing duty orders are certain
hot-rolled carbon-quality steel: (1) Universal mill plates (i.e., flat-
rolled products rolled on four faces or in a closed box pass, of a
width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or
actual thickness of not less than 4 mm, which are cut-to-length (not in
coils) and without patterns in relief), of iron or non-alloy-quality
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual
thickness of 4.75 mm or more and of a width which exceeds 150 mm and
measures at least twice the thickness, and which are cut-to-length (not
in coils).
Steel products to be included in the scope are of rectangular,
square, circular or other shape and of rectangular or non-rectangular
cross-section where such non-rectangular cross-section is achieved
subsequent to the rolling process (i.e., products which have been
``worked after rolling'')--for example, products which have been
beveled or rounded at the edges. Steel products that meet the noted
physical characteristics that are painted, varnished or coated with
plastic or other non-metallic substances are included within the scope.
Also, specifically included in the scope are high strength, low alloy
(``HSLA'') steels. HSLA steels are recognized as steels with micro-
alloying levels of elements such as chromium, copper, niobium,
titanium, vanadium, and molybdenum.
Steel products to be included in the scope, regardless of
Harmonized Tariff Schedule of the United States (``HTSUS'')
definitions, are products in which: (1) Iron predominates, by weight,
over each of the other contained elements, (2) the carbon content is
two percent or less, by weight, and (3) none of the elements listed
below is equal to or exceeds the quantity, by weight, respectively
indicated: 1.80 percent of manganese, or 1.50 percent of silicon, or
1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of
chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 1.25
percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of niobium, or 0.41 percent of titanium, or
0.15 percent of vanadium, or 0.15 percent zirconium. All products that
meet the written physical description, and in which the chemistry
quantities do not equal or exceed any one of the levels listed above,
are within the scope unless otherwise specifically excluded. The
following products are specifically excluded from the orders: (1)
Products clad, plated, or coated with metal, whether or not painted,
varnished or coated with plastic or other non-metallic substances; (2)
SAE grades (formerly AISI grades) of series 2300 and above; (3)
products made to ASTM A710 and A736 or their proprietary equivalents;
(4) abrasion-resistant steels (i.e., USS AR 400, USS AR 500); (5)
products made to ASTM A202, A225, A514 grade S, A517 grade S, or their
proprietary equivalents; (6) ball bearing steels; (7) tool steels; and
(8) silicon manganese steel or silicon electric steel. The merchandise
subject to the orders is currently classifiable in the HTSUS under
subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000,
7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000,
7226.99.0000.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise subject to
the orders is dispositive.
Analysis of Comments Received
All issues raised in these reviews are addressed in the Issues and
Decision Memorandum (``Decision Memorandum'') from Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, dated concurrent with and hereby adopted by this
notice. Parties can find a complete discussion of all issues raised in
this review and the corresponding recommendation in this public
memorandum which is on file 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.
Final Results of Reviews
The Department determines that revocation of the CVD orders would
be likely to lead to continuation or recurrence of a countervailable
subsidy at the rates listed below:
------------------------------------------------------------------------
Net
counter
Producers/Exporters vailable
subsidy
(percent)
------------------------------------------------------------------------
India:
Steel Authority of India (``SAIL'')..................... 12.82
All other producers/manufacturers/exporters............. 12.82
Indonesia:
P.T. Krakatau Steel..................................... 47.71
All Others \1\.......................................... 15.90
Italy:
ILVA S.p.A.............................................. 2.38
All Others \2\.......................................... 2.38
Korea:
Dongkuk Steel Mill, Ltd................................. 1.38
All others \3\.......................................... 1.38
------------------------------------------------------------------------
\1\ P.T. Gunawan Steel and P.T. Jaya Pari were excluded from the order
on the basis of a de minimis net subsidy. See Notice of Amended Final
Determinations: Certain Cut-To-Length Carbon-Quality Steel Plate From
India and the Republic of Korea; and Notice of Countervailing Duty
Orders: Certain Cut-To-Length Carbon-Quality Steel Plate From France,
India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587
(February 10, 2000) (``CVD Order'').
\2\ Palini & Bertol were excluded from the order on the basis of a de
minimis net subsidy. See CVD Order.
\3\ Pohang Iron & Steel Co., Ltd. was excluded from the order on the
basis of a de minimis net subsidy. See CVD Order.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: March 1, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-5220 Filed 3-7-11; 8:45 am]
BILLING CODE 3510-DS-P