70 FR 45689, August 8, 2005
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Final Results of Expedited Sunset Review of the Countervailing
Duty Order: Certain Cut-To-Length Carbon-Quality Steel Plate From
Korea
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 Korea 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
[[Page 45690]]
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 Operations, Office 3, Import Administration, U.S. Department of
Commerce, 14th Street & Constitution Avenue NW, Washington, DC 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
countervailing duty order on certain cut-to-length carbon-quality steel
plate from Korea pursuant to section 751(c) of the Act. See Initiation
of Five-year (``Sunset'') Reviews, 70 FR 75 (January 3, 2005). On
January 6, 2005, the Department received a notice of intent to
participate on behalf of Nucor Corporation (``Nucor''), and on January
14, 2005, we received a notice of intent to participate on behalf of
International Steel Group Inc. (``ISG''), within the deadline specified
in 19 CFR 351.218(d)(1)(i). On January 19, 2005, the Department
received requests for a one-day extension of the deadline and notices
of intent to participate on behalf of United States Steel Corporation
(``U.S. Steel'') and IPSCO Steel Inc. (``IPSCO''). Due to circumstances
beyond their control, IPSCO and U.S. Steel were prevented from
delivering and filing their notice of intent to participate with the
Department within the 15-day deadline. Therefore, the Department
determined it appropriate to grant their extension request. Each of the
domestic interested parties claimed interested party status under
section 771(9)(C) of the Act as domestic producers of a domestic like
product. The Department received a complete substantive response on
behalf of ISG,\1\ IPSCO and Nucor (collectively, ``domestic interested
parties'') within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). The Department did not receive a substantive response
from any respondent interested parties. 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 conducted an expedited sunset review of this CVD order.
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\1\ On April 20, and May 6, 2005, ISG notified the Department
that as a result of a name change, ISG's official name is now Mittal
Steel USA ISG Inc.
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The Department determined, pursuant to section 751(c)(5)[sscopy])
of the Act, that the sunset review of the CVD order on certain cut-to-
length carbon-quality steel plate from Korea 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.\2\
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\2\ 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 merchandises 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 the scope of this order 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 this order unless
otherwise specifically excluded. The following products are
specifically excluded from this order: (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 (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 this 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 covered by this order is
dispositive.
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 on
certain cut-to-length carbon-quality steel plate from Korea would be
likely to lead to continuation or recurrence of a countervailable
subsidy at the rate listed below:
------------------------------------------------------------------------
Net
Manufacturer/exporters Countervailable
Subsidy (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill, Ltd............................. 2.36
All others\3\....................................... 2.36
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\3\ Pohang Iron & Steel Co., Ltd. (``POSCO'') was excluded from the
order on the basis of a de minimis net subsidy rate of 0.82 percent.
See Notice of Amended Final Determinations: Certain Cut-to-Length
Carbon-Quality Steel Plated From India and the Republic of Korea; and
Notice of Countervailing Duty Orders: Certain Cut-to-Length Carbon-
Quality Steel Plate From France, India, Indonesia, Italy, and the
Republic of Korea, 65 FR 6587 (February 10, 2000).
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 are 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. E5-4253 Filed 8-5-05; 8:45 am]
BILLING CODE 3510-DS-S