71 FR 32521, June 6, 2006
DEPARTMENT OF COMMERCE
International Trade Administration
[C-201-810]
Certain Cut-to-Length Carbon Steel Plate From Mexico: Final
Results of Expedited Five-Year (``Sunset'') Review of the
Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2005, the Department of Commerce (``the
Department'') initiated a sunset review of the countervailing duty
(``CVD'') order on certain cut-to-length carbon steel plate from Mexico
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the
Act''). See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 65884
(November 1, 2005). On the basis of notices of intent to participate
and an adequate substantive response filed on behalf of the domestic
interested parties, and an inadequate response from respondent
interested parties (in this case, no response), the Department is
conducting 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.
DATES: Effective Date: June 6, 2006.
FOR FURTHER INFORMATION CONTACT: Robert Copyak or Brandon Farlander,
AD/CVD Operations, Import Administration, U.S. Department of Commerce,
14th Street & Constitution Avenue, NW., Washington, DC 20230;
telephone: 202-482-2209 or 202-482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2005, the Department initiated a sunset review of
the CVD order on certain cut-to-length carbon steel plate from Mexico
pursuant to section 751(c) of the Act. See Initiation of Five-Year
(``Sunset'') Reviews, 70 FR 65884. In November 2005, the Department
received notices of intent to participate on behalf of Nucor
Corporation (``Nucor''); IPSCO Steel Inc. (``IPSCO''); Oregon Steel
Mills (``Oregon Steel''); Mittal Steel USA ISG Inc. (``Mittal Steel
USA''); and United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union, AFL-
CIO-CLC (``USW'') (collectively, ``domestic interested parties''). The
domestic interested parties claimed interested party status under
sections 771(9)(C) and (D) of the Act, as domestic producers of a like
product, or a union engaged in the production of subject merchandise in
the United States. The Department received a complete substantive
response from the domestic interested parties within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i). We did not receive a
substantive response or a rebuttal response from any foreign
respondents. As a result, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department is conducting an
expedited sunset review of this CVD order.
Scope of the Order
The products covered by this order are certain cut-to-length carbon
steel plates. These products include 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 Harmonized
Tariff Schedule of the United States (``HTSUS'') under item numbers
7208.31.0000, 7208.32.0000, 7208.33.1000, 7208.33.5000, 7208.41.0000,
7208.42.0000, 7208.43.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.11.0000, 7211.12.0000, 7211.21.0000, 7211.22.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, and 7212.50.0000. Included in this
administrative review 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 this administrative review is grade X-70
plate. HTSUS subheadings are provided for convenience and customs
purposes. Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the merchandise
covered by this order is dispositive.
Analysis of Comments Received
All issues raised in this review are addressed in the ``Issues and
Decision Memorandum for the Expedited Sunset Review of the
Countervailing Duty Order on Certain Cut-to-Length Carbon Steel Plate
from Mexico; Final Results'' (``Decision Memorandum'') from Stephen J.
Claeys, Deputy Assistant Secretary for Import Administration to David
M. Spooner, Assistant Secretary for Import Administration, dated May
30, 2006, which is hereby adopted by this notice. The issues discussed
in the Decision Memorandum include the likelihood of continuation or
recurrence of a countervailable subsidy and the net countervailable
subsidy rate likely to prevail if the order were revoked.
Parties can find a complete discussion of all issues raised in this
review and the corresponding recommendation in
[[Page 32522]]
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 on
certain cut-to-length carbon steel plate from Mexico would be likely to
lead to continuation or recurrence of a countervailable subsidy at the
rates listed below:
------------------------------------------------------------------------
Net
countervailable
Manufacturer/exporter subsidy
(percent)
------------------------------------------------------------------------
AHMSA.................................................. 28.32
All Others............................................. 20.25
------------------------------------------------------------------------
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 these results and notice in
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act.
Dated: May 30, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. 06-5144 Filed 6-5-06; 8:45 am]
BILLING CODE 3510-DS-P