70 FR 10357, March 3, 2005
DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-823]
Stainless Steel Plate in Coils from Italy; Final Results of the
Full Sunset Review of the Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 1, 2004, the Department of Commerce (``the
Department'') initiated a sunset review of the countervailing duty
(``CVD'') order on stainless steel plate in coils (``SSPC'') from Italy
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the
Act''). See Initiation of Five-Year (Sunset) Reviews, 69 FR 17129
(April 1, 2004). On the basis of a notice of intent to participate and
an adequate substantive response filed on behalf of the interested
parties, the Department conducted a full (240-day) sunset review. As a
result of this review, the Department finds that revocation of the CVD
order would likely lead to continuation or recurrence of subsidies at
the levels indicated in the ``Final Results of Review'' section of this
notice.
EFFECTIVE DATE: March 3, 2005.
FOR FURTHER INFORMATION CONTACT: Hilary Sadler, Esq., Office of Policy
for Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and
[[Page 10358]]
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4340.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2004, the Department initiated a sunset review of the
CVD order on SSPC from Italy pursuant to section 751(c) of the Act. See
Initiation of Five-Year (Sunset) Reviews, 69 FR 17129 (April 1, 2004).
On October 21, 2004, the Department published the preliminary results
of the full sunset review of the CVD on SSPC from Italy. See Notice of
Preliminary Results of Full Sunset Review: Stainless Steel Plate in
Coils from Italy (``preliminary sunset review results''), 69 FR 61800
(October 21, 2004) and the accompanying Issues and Decision Memorandum
for the Full Sunset Review of the Countervailing Duty Order on
Stainless Steel Plate in Coils from Italy: Preliminary Results
(``preliminary results decision memorandum'') dated October 15,
2004.\1\ In our preliminary sunset review results, we found that
benefits from the following programs would likely continue or recur
were the order revoked:
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\1\ For a full discussion of the history of this order prior to
the preliminary results of this sunset review, see the October 15,
2004, preliminary results decision memorandum.
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(1) Law 675/77;
(2) Law 451/94 Early Retirement Benefits; and
(3) European Social Fund.
On December 6, 2004, the Department received a joint case brief
from the Government of Italy (GOI) and the European Commission (EC).
See Case Brief from the EC and the GOI re: Sunset Review of the
Countervailing Duty Order on Stainless Steel Plate in Coils from Italy
(December 6, 2004) including separate GOI and EC Attachments. The
Department also received a case brief from ThyssenKrupp Acciai Speciali
Terni, S.p.A. (``TKAST'') (formerly Acciai Speciali Terni, S.p.A.) in a
timely manner. See Case Brief from TKAST re: Stainless Steel Plate in
Coils from Italy (Sunset) (December 13, 2004). The Department did not
receive a case brief from the domestic interested parties but did
receive a rebuttal brief to the case briefs submitted by the GOI, EC
and TKAST. See Rebuttal Brief from Petitioners re: Sunset Review of the
Countervailing Duty Order on Stainless Steel Plate in Coils from Italy
(December 20, 2004).
Scope of Review
The product covered by this order is certain SSPC. 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 or more in 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 this 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. In addition, certain cold-rolled SSPC is also
excluded from the scope of this order. The excluded cold-rolled SSPC is
defined as that merchandise which meets the physical characteristics
described above that has undergone a cold-reduction process that
reduced the thickness of the steel by 25 percent or more, and has been
annealed and pickled after this cold reduction process. The merchandise
subject to this 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, 7219.12.00.20,
7219.12.00.25, 7219.12.00.50, 7219.12.00.55, 7219.12.00.65,
7219.12.00.70, 7219.12.00.80, 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 written description
of the scope of the orders is dispositive.
Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum (``Decision Memorandum'') from Ronald K. Lorentzen,
Acting Director, Office of Policy, Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for Import Administration, dated
February 25, 2005, which is hereby adopted by this notice. The issues
discussed in the accompanying Decision Memorandum include the
likelihood of continuation or recurrence of countervailable subsidies
and the net subsidy likely to prevail were the order revoked. Parties
can find a complete discussion of all issues raised in this review and
the corresponding recommendations in this public memorandum which is on
file in the Central Records Unit, room B-099, of the main Commerce
building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Web at https://enforcement.trade.gov/frn, under
the heading ``March 2005.'' The paper copy and electronic version of
the Decision Memorandum are identical in content.
Final Results of Review
We determine that revocation of the countervailing duty order on
SSPC from Italy would be likely to lead to continuation or recurrence
of countervailable subsidies at the rate listed below:
------------------------------------------------------------------------
Net countervailable
Producers/exporters subsidy (percent)
------------------------------------------------------------------------
TKAST.............................................. 0.73
All Others......................................... 0.73
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Notification Regarding Administrative Protective Order
This notice also 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 of the
Department's regulations. Timely notification of the return or
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 violation which is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Joseph A. Spetrini,
Assistant Secretary for Import Administration.
[FR Doc. E5-863 Filed 3-2-05; 8:45 am]