Certain Stainless Steel Wire Rod from Italy: Amended Final Countervailing Duty Determination in Accordance with Decision upon Remand, 35634 [E5-3214]

Download as PDF 35634 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices of this order and may be classified under HTSUS subheadings 4418.90.40.90, 4421.90.70.40, and 4421.90.98.40. Due to changes in the 2002 HTSUS whereby subheading 4418.90.40.90 and 4421.90.98.40 were changed to 4418.90.45.90 and 4421.90.97.40, respectively, we are adding these subheadings as well. In addition, this scope language has been further clarified to now specify that all softwood lumber products entered from Canada claiming non– subject status based on U.S. country of origin will be treated as non–subject U.S.-origin merchandise under the antidumping and countervailing duty orders, provided that these softwood lumber products meet the following condition: upon entry, the importer, exporter, Canadian processor and/or original U.S. producer establish to CBP’s satisfaction that the softwood lumber entered and documented as U.S.-origin softwood lumber was first produced in the United States as a lumber product satisfying the physical parameters of the softwood lumber scope.3 The presumption of non–subject status can, however, be rebutted by evidence demonstrating that the merchandise was substantially transformed in Canada. INITIATION OF CHANGED CIRCUMSTANCES REVIEW: Pursuant to section 751(b)(1) of the Act, the Department will conduct a changed circumstances review upon receipt of information concerning, or a request from an interested party for a review of, an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. The Coalition contends that West Fraser and Weldwood should have a combined cash–deposit rate because they are no longer separate companies. In accordance with 19 CFR 351.216(d), the Department finds there is sufficient information to warrant initiating a changed circumstances review. Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a changed circumstances administrative review to determine the facts surrounding the merger and what cash–deposit rate should be applied to entries produced and exported by the merged entity. The Department will publish in the Federal Register a notice of preliminary results of changed circumstances antidumping duty administrative review in accordance with 19 CFR 3 See the scope clarification message (3034202), dated February 3, 2003, to CBP, regarding treatment of U.S.-origin lumber on file in the Central Records Unit, Room B-099 of the main Commerce Building. VerDate jul<14>2003 22:07 Jun 20, 2005 Jkt 205001 351.221(b)(4) and 351.221(c)(3)(i), which will set forth the Department’s preliminary factual and legal conclusions. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results. The Department will issue its final results of review in accordance with the time limits set forth in 19 CFR 351.216(e). This notice is in accordance with section 751(b)(1) of the Act. Dated: June 13, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–3215 Filed 6–20–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–475–821] Certain Stainless Steel Wire Rod from Italy: Amended Final Countervailing Duty Determination in Accordance with Decision upon Remand Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 21, 2005. FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2786. SUPPLEMENTARY INFORMATION: Following publication of the Final Affirmative Countervailing Duty Determination: Certain Stainless Steel Wire Rod from Italy, 63 FR 40474 (July 29, 1998) (Final Determination), and Notice of Countervailing Duty Order: Stainless Steel Wire Rod from Italy, 63 FR 49334 (September 15, 1998) (CVD Order), AL Tech Specialty Steel Corp., Carpenter Technology Corp., Republic Engineered Steels, Talley Metals Technology, Inc. and United Steel Workers of America, AFL–CIO/CLC (collectively, AL Tech), the petitioners in this case, and the respondents, Acciaierie Valbruna S.r.l. and Acciaierie Di Bolzano S.p.A. (collectively, Valbruna/Bolzano), challenged the Department’s Final Determination before the U.S. Court of International Trade (CIT). The Draft Final Results Pursuant to Remand (Draft Results) were released to parties on October 18, 2004. On October 22, 2004, the Department received comments from respondents on the AGENCY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Draft Results. Petitioners did not submit comments on the Draft Results. There were no substantive changes made to the Remand Results as a result of comments received on the Draft Results. On October 27, 2004, the Department responded to the CIT’s Order of Remand by filing the Remand Results. As a result of the remand redetermination, the net subsidy rate for Valbruna/Bolzano was revised from 1.28 to 0.65 percent ad valorem, which is de minimis. On December 1, 2004, the CIT received comments from petitioners and respondents. On December 21, 2004, the Department responded to these comments. On March 9, 2005, the CIT affirmed the Department’s findings in the Remand Results. See AL Tech II, Slip Op. 05–30 (CIT March 9, 2005). Amended Final Determination As a result, we have recalculated the ad valorem subsidy rate for stainless steel wire rod from Italy for the period January 1, 1996, through December 31, 1996, for Valbruna/Bolzano. The revised net subsidy rate is 0.65 percent ad valorem, which is de minimis. The Department has been enjoined from issuing any liquidation instructions to the U.S. Customs and Border Protection (CBP) until the conclusion of litigation of this case. Litigation has been completed, and, therefore, the Department will now instruct CBP to liquidate all relevant entries from Acciaierie Valbruna S.r.l. (Valbruna) and Acciaierie Di Bolzano S.p.A. (Bolzano) without regard to countervailing duties. The Department will issue liquidation instructions directly to CBP. This amendment to the final countervailing duty determination is in accordance with section 705(d) of the Tariff Act of 1930, as amended (19 U.S.C. 1671d(d)), and § 351.210(c) of the Department’s regulations. Dated: June 15, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–3214 Filed 6–20–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Timing of Assessment Instructions for Antidumping Duty Orders Involving Non–Market Economy Countries Import Administration, International Trade Administration, Department of Commerce. ACTION: Request for comments. AGENCY: E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Page 35634]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3214]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-821]


Certain Stainless Steel Wire Rod from Italy: Amended Final 
Countervailing Duty Determination in Accordance with Decision upon 
Remand

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE:  June 21, 2005.

FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office 
3, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-2786.

SUPPLEMENTARY INFORMATION: Following publication of the Final 
Affirmative Countervailing Duty Determination: Certain Stainless Steel 
Wire Rod from Italy, 63 FR 40474 (July 29, 1998) (Final Determination), 
and Notice of Countervailing Duty Order: Stainless Steel Wire Rod from 
Italy, 63 FR 49334 (September 15, 1998) (CVD Order), AL Tech Specialty 
Steel Corp., Carpenter Technology Corp., Republic Engineered Steels, 
Talley Metals Technology, Inc. and United Steel Workers of America, 
AFL-CIO/CLC (collectively, AL Tech), the petitioners in this case, and 
the respondents, Acciaierie Valbruna S.r.l. and Acciaierie Di Bolzano 
S.p.A. (collectively, Valbruna/Bolzano), challenged the Department's 
Final Determination before the U.S. Court of International Trade (CIT).
    The Draft Final Results Pursuant to Remand (Draft Results) were 
released to parties on October 18, 2004. On October 22, 2004, the 
Department received comments from respondents on the Draft Results. 
Petitioners did not submit comments on the Draft Results. There were no 
substantive changes made to the Remand Results as a result of comments 
received on the Draft Results. On October 27, 2004, the Department 
responded to the CIT's Order of Remand by filing the Remand Results. As 
a result of the remand redetermination, the net subsidy rate for 
Valbruna/Bolzano was revised from 1.28 to 0.65 percent ad valorem, 
which is de minimis.
    On December 1, 2004, the CIT received comments from petitioners and 
respondents. On December 21, 2004, the Department responded to these 
comments. On March 9, 2005, the CIT affirmed the Department's findings 
in the Remand Results. See AL Tech II, Slip Op. 05-30 (CIT March 9, 
2005).

Amended Final Determination

    As a result, we have recalculated the ad valorem subsidy rate for 
stainless steel wire rod from Italy for the period January 1, 1996, 
through December 31, 1996, for Valbruna/Bolzano. The revised net 
subsidy rate is 0.65 percent ad valorem, which is de minimis.
    The Department has been enjoined from issuing any liquidation 
instructions to the U.S. Customs and Border Protection (CBP) until the 
conclusion of litigation of this case. Litigation has been completed, 
and, therefore, the Department will now instruct CBP to liquidate all 
relevant entries from Acciaierie Valbruna S.r.l. (Valbruna) and 
Acciaierie Di Bolzano S.p.A. (Bolzano) without regard to countervailing 
duties. The Department will issue liquidation instructions directly to 
CBP.
    This amendment to the final countervailing duty determination is in 
accordance with section 705(d) of the Tariff Act of 1930, as amended 
(19 U.S.C. 1671d(d)), and Sec.  351.210(c) of the Department's 
regulations.

    Dated: June 15, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3214 Filed 6-20-05; 8:45 am]
BILLING CODE 3510-DS-S

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.