Final Results of Expedited Sunset Review of the Countervailing Duty Order: Structural Steel Beams from South Korea, 53167-53168 [E5-4869]

Download as PDF Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices initiation of the administrative review on the countervailing duty order of certain hot–rolled carbon steel flat products from India, covering the period January 1, 2004, through December 31, 2004. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 4818 (January 31, 2005). The preliminary results of this review are currently due no later than September 2, 2005. Extension of Time Limit of Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order or finding for which a review is requested. Section 751(a)(3)(A) of the Act further states that if it is not practicable to complete the review within the time period specified, the administering authority may extend the 245-day period to issue its preliminary results by up to 120 days. We determine that completion of the preliminary results of this review within the 245-day period is not practicable for the following reason. On July 19, 2005, the Department issued a New Subsidy Allegation memorandum, where we initiated on one new program and agreed to examine two additional programs that the Department has investigated in other India CVD proceedings. See July 19, 2005, New Subsidy Allegation memorandum from the team to Melissa G. Skinner, Office Director (‘‘New Subsidy Allegation Memorandum’’). Conducting the analyses for each program would require the Department to gather and analyze a significant amount of information pertaining to these programs. The Department gave respondent parties 37 days to provide the requested information on these programs. The current due date is August 25, 2005, with no extensions. Given the number and complexity of issues in this case, and in accordance with section 751(a)(3)(A) of the Act, we are extending the time period for issuing the preliminary results of review by 120 days. Therefore, the preliminary results are now due no later than December 31, 2005. However, December 31 falls on Saturday and January 2 is a federal holiday, and it is the Department’s long–standing practice to issue a determination the next business day when the statutory deadline falls on a weekend, federal holiday, or any other day when the Department is closed. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for VerDate Aug<18>2005 15:05 Sep 06, 2005 Jkt 205001 Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). Accordingly, the deadline for completion of the preliminary results is January 3, 2006. The final results continue to be due 120 days after publication of the preliminary results. Dated: August 31, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–4863 Filed 9–6–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (C–580–842) Final Results of Expedited Sunset Review of the Countervailing Duty Order: Structural Steel Beams from South Korea Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 2, 2005, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the countervailing (‘‘CVD’’) duty order on structural steel beams from South 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 22632 (May 2, 2005). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties and inadequate response (in this case, no response) from respondent interested parties, the Department determined to conduct an expedited sunset review of this CVD order 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 a countervailable subsidy at the level indicated in the ‘‘Final Results of Review’’ section of this notice. AGENCY: EFFECTIVE DATE: September 7, 2005. FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/ CVD Operations, 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: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 53167 Background On May 2, 2005, the Department initiated a sunset review of the CVD order on structural steel beams from South Korea pursuant to section 751(c) of the Act. See Initiation of Five-year (‘‘Sunset’’) Reviews, 70 FR 22632 (May 2, 2005). The Department received a notice of intent to participate from the following domestic interested parties: the Committee for Fair Beam Imports and its individual members including Nucor Corp. (‘‘Nucor’’), Nucor–Yamato Steel Co. (‘‘Nucor–Yamato’’), Steel Dynamics, Inc. (‘‘SDI’’), and TXI– Chaparral Steel, Inc. (‘‘TXI’’) (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 sections 771(9)(C) and (E) of the Act, as an ad– hoc association which is comprised of domestic producers of the subject merchandise. The Department received a complete substantive response collectively from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department did not receive a substantive response from any respondent interested party to this proceeding. 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 review of this CVD order. Scope of the Order The merchandise covered by this CVD order are doubly–symmetric shapes, whether hot–or cold–rolled, drawn, extruded, formed or finished, having at least one dimension of at least 80 mm (3.2 inches or more), whether of carbon or alloy (other than stainless) steel, and whether or not drilled, punched, notched, painted, coated, or clad. These products (‘‘Structural Steel Beams’’) include, but are not limited to, wide– flange beams (W shapes), bearing piles (HP shapes), standard beams (S or I shapes), and M–shapes. All products that meet the physical and metallurgical descriptions provided above are within the scope of this order unless otherwise excluded. The following products are outside and/or specifically excluded from the scope of this order: Structural steel beams greater than 400 pounds per linear foot or with a web or section height (also known as depth) over 40 inches. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at E:\FR\FM\07SEN1.SGM 07SEN1 53168 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices subheadings: 7216.32.0000, 7216.33.0030, 7216.33.0060, 7216.33.0090, 7216.50.0000, 7216.61.0000, 7216.69.0000, 7216.91.0000, 7216.99.0000, 7228.70.3040, 7228.70.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise in 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 30, 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:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Dated: August 30, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–4869 Filed 9–6–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (C–533–807) Final Results of Expedited Sunset Review of Countervailing Duty Order: Sulfanilic Acid from India Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 2, 2005, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the countervailing duty (‘‘CVD’’) order on sulfanilic acid from India pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five–Year (‘‘Sunset’’) Reviews, 70 FR 22632 (May 2, 2005). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of a domestic interested party and an inadequate response (in this case, no response) from respondent interested parties, the Final Results of Review Department decided to conduct an The Department determines that expedited sunset review of this CVD revocation of the CVD order would be order pursuant to section 751(c)(3)(B) of likely to lead to continuation or the Act and 19 CFR 351.218(e)(1)(ii)(B). recurrence of a countervailable subsidy As a result of this review, the at the rates listed below: Department finds that revocation of the CVD order would be likely to lead to Net Countervailable continuation or recurrence of a Producers/Exporters Subsidy (percent) countervailable subsidy at the level indicated the ‘‘Final Results of Review’’ Kangwon Industries ...... 3.88 section of this notice. Dongkuk Steel Mill Co., Ltd. ............................ 1.34 EFFECTIVE DATE: September 7, 2005. All Others ...................... 3.87 FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/ Notification Regarding Administrative CVD Operations, Office 3, Import Protective Order Administration, International Trade Administration, U.S. Department of This notice serves as the only Commerce, 14th Street & Constitution reminder to parties subject to administrative protective order (‘‘APO’’) Avenue, NW, Washington; DC 20230; telephone: (202) 482–1767 or (101) 482– of their responsibility concerning the 4136, respectively. return or destruction of proprietary information disclosed under APO in SUPPLEMENTARY INFORMATION: accordance with 19 CFR 351.305. Background Timely notification of return/ On May 2, 2005, the Department destruction of APO materials or conversion to judicial protective order is initiated a sunset review of the CVD order on sulfanilic acid from India hereby requested. Failure to comply with the regulations and the terms of an pursuant to section 751(c) of the Act. See Initiation of Five–Year (‘‘Sunset’’) APO is a sanctionable violation. We are issuing and publishing the Reviews, 70 FR 22632 (May 2, 2005). results and notice in accordance with The Department received a notice of sections 751(c), 752, and 777(i)(1) of the intent to participate on behalf of Act. National Ford Chemical Company VerDate Aug<18>2005 15:05 Sep 06, 2005 Jkt 205001 AGENCY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 (‘‘NFC’’), within the deadline specified in 19 CFR 351.218(d)(1)(i). NFC claimed interested party status under section 771(9)(C) of the Act, as a domestic producer of sulfanilic acid. The Department received a complete substantive response from NFC within the 30–day deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department did not receive a substantive response from any respondent interested party to this proceeding. 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 review of this order. Scope of the Order The merchandise covered by the CVD order are all grades of sulfanilic acid, which include technical (or crude) sulfanilic acid, refined (or purified) sulfanilic acid and sodium salt of sulfanilic acid (sodium sulfanilate). The principal differences between the grades are the undesirable quantities of residual aniline and alkali insoluble materials present in the sulfanilic acid. All grades are available as dry free flowing powders. Technical sulfanilic acid contains 96 percent minimum sulfanilic acid, 1.0 percent maximum aniline, and 1.0 percent maximum alkali insoluble materials. Refined sulfanilic acid contains 98 percent minimum sulfanilic acid, 0.5 percent maximum aniline, and 0.25 percent maximum alkali insoluble materials. Sodium salt of sulfanilic acid (sodium sulfanilate) is a granular or crystalline material containing 75 percent minimum sulfanilic acid, 0.5 percent maximum aniline, and 0.25 percent maximum alkali insoluble materials based on the equivalent sulfanilic acid content. The merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings 2921.42.22 and 2921.42.24.20. HTSUS subheadings for sulfanilic acid and sodium salts of sulfanilic acid have changed since the issuance of this order. The petitioner asserts that the HTSUS subheading for sulfanilic acid was 2921.42.24.20 in 1993 and has remained at 2921.42.22 since 1994. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the 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 E:\FR\FM\07SEN1.SGM 07SEN1

Agencies

[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53167-53168]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4869]


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

DEPARTMENT OF COMMERCE

International Trade Administration

(C-580-842)


Final Results of Expedited Sunset Review of the Countervailing 
Duty Order: Structural Steel Beams from South Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 2, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing (``CVD'') 
duty order on structural steel beams from South 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 22632 (May 2, 
2005). On the basis of a notice of intent to participate and an 
adequate substantive response filed on behalf of the domestic 
interested parties and inadequate response (in this case, no response) 
from respondent interested parties, the Department determined to 
conduct an expedited sunset review of this CVD order 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 
a countervailable subsidy at the level indicated in the ``Final Results 
of Review'' section of this notice.

EFFECTIVE DATE: September 7, 2005.

FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/
CVD Operations, 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 May 2, 2005, the Department initiated a sunset review of the CVD 
order on structural steel beams from South Korea pursuant to section 
751(c) of the Act. See Initiation of Five-year (``Sunset'') Reviews, 70 
FR 22632 (May 2, 2005). The Department received a notice of intent to 
participate from the following domestic interested parties: the 
Committee for Fair Beam Imports and its individual members including 
Nucor Corp. (``Nucor''), Nucor-Yamato Steel Co. (``Nucor-Yamato''), 
Steel Dynamics, Inc. (``SDI''), and TXI-Chaparral Steel, Inc. (``TXI'') 
(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 sections 771(9)(C) and (E) of the 
Act, as an ad-hoc association which is comprised of domestic producers 
of the subject merchandise.
    The Department received a complete substantive response 
collectively from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department 
did not receive a substantive response from any respondent interested 
party to this proceeding. 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 review of this CVD order.

Scope of the Order

    The merchandise covered by this CVD order are doubly-symmetric 
shapes, whether hot-or cold-rolled, drawn, extruded, formed or 
finished, having at least one dimension of at least 80 mm (3.2 inches 
or more), whether of carbon or alloy (other than stainless) steel, and 
whether or not drilled, punched, notched, painted, coated, or clad. 
These products (``Structural Steel Beams'') include, but are not 
limited to, wide-flange beams (W shapes), bearing piles (HP shapes), 
standard beams (S or I shapes), and M-shapes.
    All products that meet the physical and metallurgical descriptions 
provided above are within the scope of this order unless otherwise 
excluded. The following products are outside and/or specifically 
excluded from the scope of this order: Structural steel beams greater 
than 400 pounds per linear foot or with a web or section height (also 
known as depth) over 40 inches.
    The merchandise subject to this order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (``HTSUS'') at

[[Page 53168]]

subheadings: 7216.32.0000, 7216.33.0030, 7216.33.0060, 7216.33.0090, 
7216.50.0000, 7216.61.0000, 7216.69.0000, 7216.91.0000, 7216.99.0000, 
7228.70.3040, 7228.70.6000. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise in 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 30, 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://ia.ita.doc.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)
------------------------------------------------------------------------
Kangwon Industries..................................                3.88
Dongkuk Steel Mill Co., Ltd.........................                1.34
All Others..........................................                3.87
------------------------------------------------------------------------

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 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4869 Filed 9-6-05; 8:45 am]
BILLING CODE 3510-DS-S