66 FR 3985, January 17, 2001
DEPARTMENT OF COMMERCE
International Trade Administration
[C-428-817]
Certain Cut-to-Length Carbon Steel Plate from Germany; Final
Results of Countervailing Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Countervailing Duty Administrative
Reviews.
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SUMMARY: On September 8, 2000, the Department of Commerce (the
Department) published in the Federal Register its preliminary results
of administrative reviews of the countervailing duty order on certain
cut-to-length carbon steel plate from Germany for the periods calendar
year 1997 and calendar year 1998 (65 FR 54496). The Department has now
completed these administrative reviews in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). For information
on the net subsidy for each reviewed company, and for all non-reviewed
companies, please see the ``Final Results of Review'' section of this
notice. We will instruct the U.S. Customs Service (Customs) to assess
countervailing duties as detailed in the ``Final Results of Review''
section of this notice.
EFFECTIVE DATE: January 17, 2001.
FOR FURTHER INFORMATION CONTACT: Robert Copyak, Office of AD/CVD
Enforcement VI, Group II, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2786.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to 19 CFR 351.213(b), these administrative reviews cover
only those producers or exporters of the subject merchandise for which
the administrative reviews were specifically requested. Accordingly,
these administrative reviews cover exporter Novosteel SA and producer
Reiner Brach GmbH and Co. KG. We received timely allegations of
additional subsidies, including allegations of upstream subsidies. We
initiated examinations of three of these alleged subsidy programs and
determined not to initiate examinations of the alleged upstream subsidy
programs. See memorandum to Melissa G. Skinner, Director, Office of AD/
CVD Enforcement VI, from Team, entitled 1997 and 1998 Administrative
Reviews of the Countervailing Duty Order on Certain Cut-to-Length
Carbon Steel Plate from Germany: Memorandum Regarding Affiliation,
Cross-ownership, Upstream Subsidy Allegations, and Other Subsidy
Allegations, dated August 23, 2000. (This memorandum is on file in
public version form in the public file room of room B-099 of the main
Commerce building.) These administrative reviews cover 39 programs and
the periods calendar year 1997 and calendar year 1998.
On September 8, 2000, the Department published in the Federal
Register its preliminary results of administrative reviews. See Certain
Cut-to-Length Carbon Steel Plate From Germany; Preliminary Results of
Countervailing Duty Administrative Reviews, 65 FR 54496 (Preliminary
Results). We invited interested parties to comment on the Preliminary
Results. We received comments on October 10, 2000, and on October 27,
2000.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions of the Act, as amended by the Uruguay
Round Agreements Act (URAA) effective January 1, 1995. The
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Department is conducting these administrative reviews in accordance
with section 751(a) of the Act. In addition, unless otherwise
indicated, all citations to the Department's regulations reference 19
CFR part 351 (1999).
Scope of the Review
The merchandise subject to these administrative reviews includes
hot-rolled carbon steel universal mill plates (i.e., flat-rolled
products rolled on four faces or in a closed box pass, of a width
exceeding 150 millimeters but not exceeding 1,250 millimeters and of a
thickness of not less than 4 millimeters, not in coils and without
patterns in relief), of rectangular shape, neither clad, plated nor
coated with metal, whether or not painted, varnished, or coated with
plastics or other nonmetallic substances; and certain hot-rolled carbon
steel flat-rolled products in straight lengths, of rectangular shape,
hot rolled, neither clad, plated, nor coated with metal, whether or not
painted, varnished, or coated with plastics or other nonmetallic
substances, 4.75 millimeters or more in thickness and of a width which
exceeds 150 millimeters and measures at least twice the thickness, as
currently classifiable in the HTSUS under item numbers (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).
Included in these administrative reviews are flat-rolled products of
non-rectangular cross-section where such 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. Excluded from these reviews is grade
X-70 plate. Also excluded from these administrative reviews is certain
carbon cut-to-length steel plate with a maximum thickness of 80 mm in
steel grades BS 7191, 355 EM, and 355 EMZ, as amended by Sable Offshore
Energy Project specification XB MOO Y 15 0001, types 1 and 2.
Analysis of Programs
Programs Determined To Be Not Used
We examined the following programs and determined, based on the
questionnaire responses, that the producer and/or exporter of the
subject merchandise did not apply for or receive benefits under these
programs during the periods of review:
1. Capital Investment Grants
2. Investment Premium Act
3. Joint Scheme: Improvement of Regional Economic Structure--GA Investment Grants and Other GA Subsidies
4. Ruhr District Action Program
5. Aid for Closure of Steel Operations
6. Joint Program: Upswing East
7. Freight Programs under the Special Subsidies for Companies in the Zonal Border Area
8. Loan Guarantees under Treuhandanstalt Subsidies
9. Long-term Loans from the Kreditanstalt fur Wiederaufbau (KfW)
10. Tax Programs under Special Subsidies for Companies in the Zonal Border Area
11. Structural Improvement Aids
12. ECSC Article 54 Loans
13. ECSC Article 54 Interest Rebates
14. ECSC Redeployment Aid Under Article 56(2)(b)
15. ECSC Article 54 Loans
16. ECSC Article 54 Interest Rebates
17. Loans with Reduced Interest Rates under the Steel Restructuring Plan
18. Federal and State Government Loan Guarantees under the Steel Restructuring Plan
19. Special Ruhr Plan
20. Zukunftsinitiative Montaregionen (ZIM)
21. Kreditanstalt fur Wiederaufbau (KfW) Investment Loans for Eastern Germany
22. Deutsche Ausglechsbank Investment Loans for Eastern Germany
23. European Recovery Program Loans for Eastern Germany
24. Loan Guarantee Program Loans for Eastern Germany
25. Peine-Salzgitter Profit Transfer Agreement and Other Operation Loss Subsidies
26. Elimination of Duisburg Harbor Tolls
27. Export Credits at Preferential Rates
28. Miscellaneous Tax Subsidies
29. Loans from the Government of Nordrhein-Westphalen
30. Tax Subsidies for Eastern Germany
31. European Investment Bank Loans and Loan Guarantees
32. New Community Instrument Loans
33. European Regional Development Fund Aid
34. Nordrhein-Westphalen's Air Pollution Control Program
35. ECSC Article 54 Loan Guarantees
36. ECSC Article 56 Conversion Loans
37. European Social Funds Grants
38. Assistance Measures for the Companies within the Steel
Industry to Partially Compensate for Costs of the Social Plans
39. Social Aid for the Workers in the Coal and Steel Industries
Analysis of Comments Received
The comments submitted by interested parties are addressed in the
``Issues and Decision Memorandum'' (Decision Memorandum) from Holly A.
Kuga, Acting Deputy Assistant Secretary, Import Administration, to Troy
H. Cribb, Assistant Secretary for Import Administration, dated January
8, 2000, which is hereby adopted by this notice. A list of the issues
addressed is attached to this notice as Appendix I. The Decision
Memorandum is a public document which is on file in room B-099 of the
Main Commerce Building and can be accessed via the internet at the
website and under the heading ``Germany.''
The paper copy and electronic version of the Decision Memorandum are
identical in content.
Final Results of Administrative Reviews
In accordance with 19 CFR 351.221(b)(5), we calculated an
individual subsidy rate for the producer/exporter subject to these
administrative reviews. For the periods calendar year 1997 and calendar
year 1998, we determine the net subsidy for Novosteel SA/Reiner Brach
GmbH and Co. KG to be 0.00 percent ad valorem.
As provided for in the Act and 19 CFR 351.106(c)(1), any rate less
than 0.5 percent ad valorem in an administrative review is de minimis.
Accordingly, no countervailing duties will be assessed. The Department
will instruct Customs to liquidate, without regard to countervailing
duties, shipments of the subject merchandise from Novosteel SA produced
by Reiner Brach GmbH and Co. KG, exported on or after January 1, 1997
through December 31, 1997 and January 1, 1998 through December 31,
1998. Also, the cash deposits for this producer will be zero.
Because the URAA replaced the general rule in favor of a country-
wide rate with a general rule in favor of individual rates for
investigated and reviewed companies, the procedures for establishing
countervailing duty rates, including those for non-reviewed companies,
are now essentially the same as those in antidumping cases, except as
provided for in section 777A(e)(2)(B) of the Act. The requested review
will normally cover only those companies specifically named. See 19 CFR
351.213(b). Pursuant to 19 CFR 351.212(c), for all companies for which
a review was not requested, duties must be assessed at the cash deposit
rate, and cash deposits must continue to be collected, at the rate
previously ordered. As such, the countervailing duty cash deposit rate
applicable to a company
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can no longer change, except pursuant to a request for a review of that
company. See Federal-Mogul Corporation and The Torrington Company v.
United States, 822 F.Supp. 782 (CIT 1993) and Floral Trade Council v.
United States, 822 F.Supp. 766 (CIT 1993) (interpreting 19 CFR
353.22(e), the prior antidumping regulation on automatic assessment,
which was identical to 19 CFR 355.22(g)). Therefore, the cash deposit
rates for all companies except those covered by these reviews will be
unchanged by the results of these reviews.
We will instruct Customs to continue to collect cash deposits for
non-reviewed companies at the most recent company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit
rates that will be applied to non-reviewed companies covered by this
order will be the rate for that company established in the most
recently completed administrative proceeding conducted under the URAA.
If such a review has not been conducted, the rate established in the
most recently completed administrative proceeding pursuant to the
statutory provisions that were in effect prior to the URAA amendments
is applicable. See Final Affirmative Countervailing Duty
Determinations: Certain Steel Products from Germany, 58 FR 37315 (July
9, 1993). This rate shall apply to the non-reviewed companies until a
review of a company assigned these rates is requested. In addition, for
the periods calendar year 1997 and calendar year 1998, the assessment
rates applicable to all non-reviewed companies covered by this order
are the cash deposit rates in effect at the time of entry.
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
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.
These administrative reviews and this notice are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: January 8, 2001.
Troy H. Cribb,
Assistant Secretary for Import Administration.
APPENDIX 1--Issues Discussed in Decision Memorandum
Analysis of Comments
1. Upstream Subsidy Allegations
2. Need to Conduct Verification
3. Attribution of Subsidies
[FR Doc. 01-1382 Filed 1-16-01; 8:45 am]
BILLING CODE 3510-DS-P