69 FR 47418, August 5, 2004
DEPARTMENT OF COMMERCE
International Trade Administration
[C-791-806]
Stainless Steel Plate in Coils From South Africa; Final Results
of Expedited Sunset Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of the expedited sunset review of the
countervailing duty order on stainless steel plate in coils from South
Africa.
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SUMMARY: On April 1, 2004, the Department of Commerce (``the
Department'') initiated a sunset review of the countervailing duty
order on stainless steel plate in coils (``SSPC'') from South Africa
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the
Act''). On the basis of a notice of intent to participate and an
adequate substantive response filed on behalf of domestic interested
parties and an inadequate response, i.e., no response from respondent
interested parties, the Department determined to conduct an expedited
(120-day) sunset review. As a result of this sunset review, the
Department finds that revocation of the countervailing duty order would
be likely lead continuation or recurrence of a countervailable subsidy.
The net countervailable subsidy and the nature of the subsidy are
identified in the Final Results of Review section of this notice.
FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy
for
[[Page 47419]]
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street & Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-5050.
EFFECTIVE DATE: August 5, 2004.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2004, the Department of Commerce (``the Department'')
initiated a sunset review of the countervailing duty order on SSPC from
South Africa pursuant to section 751(c) of the Act. See Initiation of
Five-Year (Sunset) Reviews, 69 FR 17129 (April 1, 2004). On April 16,
2004, the Department received a Notice of Intent to Participate from
Allegheny Ludlum Corporation (``Allegheny Ludlum''), North American
Stainless (``NAS''), and the United Steelworkers of America, AFL-CIO-
CLC (``USWA''), collectively (``domestic interested parties'') within
the applicable deadline specified in section 351.218(d)(1)(i) of the
Department's regulations. On May 3, 2004, we received a complete
substantive response from domestic interested parties within the 30-day
deadline specified in the Department's regulations. However, we did not
receive responses from any respondent interested parties to this
proceeding as required in section 351.218(d)(3)(i) of the Department's
regulations. As a result of receiving no responses from respondent
interested parties, the Department conducted an expedited (120-day)
sunset review of this order pursuant to section 751(c)(3)(B) of the Act
and section 351.218(e)(1)(ii)(C) of the Department's regulations.
Scope of the Order
The merchandise subject to this countervailing duty order is
stainless steel plate in coils. 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 these orders 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. The merchandise subject to these orders 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 order is dispositive.
Analysis of Comments Received
All issues raised in this case are addressed in the ``Issues and
Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen,
Acting Director, Office of Policy, Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for Import Administration, dated
July 30, 2004, which is hereby adopted by this notice. The issues
discussed in the Decision Memo include the likelihood of continuation
or recurrence of subsidization and the magnitude of the margin likely
to prevail if the order were 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 room B-
099 of the main Commerce Building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at https://enforcement.trade.gov/frn, under the
heading ``August 2004.'' The paper copy and electronic version of the
Decision Memo are identical in content.
Final Results of Review
We determine that revocation of the countervailing duty order on
SSPC from South Africa would likely lead to continuation or recurrence
of subsidization at the following weighted-average percentage margins:
------------------------------------------------------------------------
Net
countervailable
Manufacturers/exporters/producers subsidy margin
(percent)
------------------------------------------------------------------------
Columbus Stainless Steel Company (the operating unit of 3.95
Columbus Joint Venture)...............................
All Others............................................. 3.95
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This notice also serves as the only reminder to parties subject to
administrative protective orders (``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.
Dated: July 30, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-17921 Filed 8-4-04; 8:45 am]