70 FR 45694, August 8, 2005
DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-827]
Certain Cut-to-Length Carbon-Quality Steel Plate from Italy:
Final Results of Expedited Sunset Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2005, the Department of Commerce (``the
Department'') initiated a sunset review of the countervailing duty
(``CVD'') order on certain cut-to-length carbon-quality steel plate
from Italy pursuant to section 751(c) of the Tariff Act of 1930, as
amended (``the Act''). See Initiation of Five-year (``Sunset'')
Reviews, 70 FR 75 (January 3, 2005) . On the basis of a notice of
intent to participate and an adequate substantive response filed on
behalf of the domestic interested parties, as well as inadequate
response from respondent interested parties, the Department conducted
an expedited sunset review pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the
Department finds that revocation of the CVD order would be likely to
lead to continuation or recurrence of countervailable subsidies at the
levels indicated in the ``Final Results of Review'' section of this
notice.
EFFECTIVE DATE: August 8, 2005.
FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/
CVD Enforcement, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-1767 or (202)
482-4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2005, the Department initiated a sunset review of the
CVD order on certain cut-to-length carbon-quality steel plate from
Italy pursuant to section 751(c) of the Act. See Initiation of Five-
year (``Sunset'') Reviews, 70 FR 75 (January 3, 2005). The Department
received a Notice of Intent to Participate from the following domestic
interested parties: Nucor Corporation (``Nucor''), Mittal Steel USA ISG
Inc. (``Mittal'') (formerly International Steel Group Inc.), IPSCO
Steel Inc. (``IPSCO''), and United States Steel Corporation (``U.S.
Steel'') (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. Moreover, the Department received one complete collective
substantive response from the domestic interested parties within the
30-day deadline specified in 19 CFR 351.218(d)(3)(i).
The Department also received responses from: ILVA S.p.A.
(``ILVA''), the European Commission (``EC''), and the Government of
Italy (``GOI'') (collectively, ``respondent interested parties''). The
Department found that ILVA's imports did not fulfill the 50-percent
threshold that the Department considers to be an adequate response
under 19 CFR 351.218(e)(1)(ii)(A). Therefore, on March 23, 2005, the
Department issued a memorandum finding the respondent's response
inadequate. See March 23, 2005, Memorandum for Ronald K. Lorentzen
through Kelly Parkhill from Hilary E. Sadler, Subject: Carbon-Quality
Steel Plate from Italy: Determination of Adequacy of Response
(``Adequacy Response Memorandum''). Because the Department found that
the respondent interested parties' responses were inadequate, the
Department conducted an expedited review of this CVD order, pursuant to
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
The Department determined, pursuant to section 751(c)(5)(C) of the
Act, that the sunset review of the CVD order on certain cut-to-length
carbon-quality steel plate from Italy is extraordinarily complicated.
Therefore, on April 25, 2005, the Department extended the time limit
for completion of the final results of this review until not later than
August 1, 2005.\1\
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\1\ See Certain Cut-To-Length Carbon-Quality Steel Plate from
France, India, Indonesia, Italy, Japan and Korea; Extension of Final
Results of the Expedited Sunset Reviews of the Antidumping and
Countervailing Duty Orders, 70 FR 22843 (May 3, 2005).
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Scope of the Order
The merchandise covered by the CVD order is 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 of this order 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 this
scope. Also, specifically included in this 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 this 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 of these investigations unless otherwise
specifically excluded. The following products are specifically excluded
from these investigations: (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
[[Page 45695]]
(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 order 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 this order.
Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum (``Decision Memorandum'') from Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration, to Joseph
A. Spetrini, Acting Assistant Secretary for Import Administration,
dated August 1, 2005, which is 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 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. The
paper copy and electronic version of the Decision Memorandum are
identical in content.
Final Results of Review
The Department determines that revocation of the CVD order would be
likely to lead to continuation or recurrence of a countervailable
subsidy at the rates listed below:
------------------------------------------------------------------------
Net
Producers/Exporters Countervailable
Subsidy (percent)
------------------------------------------------------------------------
ILVA S.p.A.......................................... 2.38
Palini & Bertoli.................................... De minimis
All Others.......................................... 2.38
------------------------------------------------------------------------
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: August 1, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4259 Filed 8-5-05; 8:45 am]
BILLING CODE 3510-DS-S