Stainless Steel Plate in Coils from Italy: Preliminary Results of Countervailing Duty Changed Circumstances Review and Intent to Revoke Order, 7736-7737 [E6-2093]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Notices]
[Pages 7736-7737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2093]



[[Page 7736]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-823]


Stainless Steel Plate in Coils from Italy: Preliminary Results of 
Countervailing Duty Changed Circumstances Review and Intent to Revoke 
Order

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

SUMMARY: On January 4, 2006, in response to a request by domestic 
producers of the subject merchandise, the Department of Commerce (``the 
Department'') published a notice of initiation of a changed 
circumstances review of the countervailing duty order on stainless 
steel plate in coils, as described below. See Stainless Steel Plate in 
Coils from Italy: Initiation of Countervailing Duty Changed 
Circumstances Review and Notice of Consideration of Revocation of 
Order, 71 FR 328 (January 4, 2006) (``Initiation Notice'').
    In the Initiation Notice, we invited interested parties to comment 
on the Department's initiation and the proposed revocation of the 
countervailing duty order on stainless steel plate in coils from Italy. 
We did not receive any comments. Absent any comments, we preliminarily 
conclude that producers accounting for substantially all of the 
production of the domestic like product to which this order pertains 
lack interest in the relief provided by the order. Therefore, we 
preliminarily revoke this order, in whole, with respect to products 
entered, or withdrawn from warehouse, for consumption on or after 
September 4, 1998, i.e., the publication date of the Department's 
preliminary determination in the underlying investigation, because 
domestic parties have expressed no interest in the continuation of the 
order. See Preliminary Affirmative Countervailing Duty Determination 
and Alignment of Final Countervailing Duty Determination with Final 
Antidumping Duty Determination: Stainless Steel Plate in Coils from 
Italy, 63 FR 47246 (September 4, 1998) (``Preliminary Determination''). 
Unless the Department receives opposition from domestic producers whose 
production totals more than 15 percent of the domestic like product, 
the Department will revoke the order on stainless steel plate in coils 
in the final results of this review.

EFFECTIVE DATE: February 14, 2006.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Audrey R. Twyman, 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-0182 
and (202) 482-3534, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 11, 1999, the Department of Commerce (the ``Department'') 
published a countervailing duty order on stainless steel plate in coils 
(``SSPC'') from Italy. See Notice of Amended Final Determinations: 
Stainless Steel Plate in Coils from Belgium and South Africa; and 
Notice of Countervailing Duty Orders: Stainless Steel Plate in Coils 
from Belgium, Italy and South Africa, 64 FR 25288 (May 11, 1999). The 
order was amended on March 11, 2003. See Notice of Amended 
Countervailing Duty Orders; Certain Stainless Steel Plate in Coils from 
Belgium, Italy, and South Africa, 68 FR 11524 (March 11, 2003). The 
amended order was corrected on April 24, 2003. See Certain Stainless 
Steel Plate in Coils from Belgium, Italy, and South Africa; Notice of 
Correction to the Amended Countervailing Duty Orders, 68 FR 20115 
(April 24, 2003).
    On December 2, 2005, the Department received a request from 
Allegheny Ludlum Corporation and AK Steel Corporation, some of the 
petitioners in the original investigation (``petitioners''), that the 
Department initiate a changed circumstances review for purposes of 
revoking the countervailing duty (``CVD'') order. Also, it is the 
petitioners' understanding that, upon revocation of the CVD order, the 
Department will fully refund any countervailing duties deposited 
pursuant to the order on unliquidated entries. The petitioners state 
that they are no longer interested in maintaining the countervailing 
duty order or in the imposition of CVD duties on the subject 
merchandise.
    On January 4, 2006, the Department published a notice of initiation 
of a changed circumstances review of the countervailing duty order on 
SSPC from Italy. See Initiation Notice. In the Initiation Notice, we 
indicated interested parties could submit comments for consideration in 
the Department's preliminary results not later than 14 days after 
publication of the initiation of the review, and submit responses to 
those comments not later than 5 days following the submission of 
comments. No comments were received.

Scope of the Order

    The product covered by this order is certain 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 this order 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 this order is currently classifiable in the Harmonized 
Tariff Schedule of the United States (``HTSUS'') at subheadings: 
7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 7219.12.00.21, 
7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 7219.12.00.66, 
7219.12.00.71, 7219.12.00.81, 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 merchandise subject to this order is dispositive.

Preliminary Results of Review and Intent to Revoke in Whole

    Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended 
(``the Act''), and 19 CFR 351.222(g), the Department may revoke an 
antidumping or countervailing duty order, in whole or in part, based on 
a review under section 751(b) of the Act (i.e., a changed circumstances 
review). Section 751(b)(1) of the Act requires a changed circumstances 
review to be conducted upon receipt of a request which shows changed 
circumstances sufficient to warrant a review. Section 782(h)(2) of the 
Act gives the Department the authority to revoke an order if producers 
accounting for substantially all of the production of the domestic like 
product have expressed a lack of interest in the continuation of the 
order. Section 351.222(g) of the Department's regulations provides that 
the Department will conduct a changed

[[Page 7737]]

circumstances review under 19 CFR 351.216, and may revoke an order (in 
whole or in part), if it concludes that (i) producers accounting for 
substantially all of the production of the domestic like product to 
which the order pertains have expressed a lack of interest in the 
relief provided by the order, in whole or in part, or (ii) if other 
changed circumstances sufficient to warrant revocation exist. The 
Department has interpreted ``substantially all'' production normally to 
mean at least 85 percent of domestic production of the like product. 
See Certain Tin Mill Products From Japan: Final Results of Changed 
Circumstances Review, 66 FR 52109 (October 12, 2001).
    As noted above and in the Initiation Notice, the petitioners 
requested this changed circumstances review on the basis that they are 
no longer interested in maintaining the countervailing duty order or in 
the imposition of CVD duties on the subject merchandise. Because the 
Department did not receive any comments during the comment period 
opposing this changed circumstances review, we preliminarily conclude 
that producers accounting for substantially all of the production of 
the domestic like product, to which this order pertains, lack interest 
in the relief provided by the order. In accordance with 19 CFR 
351.222(g), the Department preliminarily determines that there is a 
reasonable basis to believe that changed circumstances exist and that 
it is sufficient to warrant revocation of the order. Therefore, the 
Department is preliminarily revoking the order on SSPC from Italy, in 
whole. Unless the Department receives opposition within the time limit 
set forth below from domestic producers whose production totals more 
than 15 percent of the domestic like product, the Department will 
revoke the order on SSPC in its final results of this review.
    If, as a result of this review, we revoke the order, we intend to 
instruct U.S. Customs and Border Protection (``CBP'') to liquidate 
without regard to applicable countervailing duties and refund any 
estimated countervailing duties collected on all unliquidated entries 
of the merchandise subject to the order, as described above in the 
``Scope of the Order'' section, entered, or withdrawn from warehouse, 
for consumption on or after September 4, 1998, i.e., the publication 
date of the Department's Preliminary Determination in the underlying 
investigation. We will also instruct CBP to pay interest on such 
refunds with respect to the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after May 11, 1999, in accordance 
with section 778 of the Act. The current requirement for a cash deposit 
of estimated countervailing duties on the subject merchandise will 
continue unless, and until, we publish a final determination to revoke 
in whole.

Public Comment

    Interested parties may submit case briefs not later than 14 days 
after the date of publication of this notice. See 19 CFR 
351.309(c)(1)(ii). Rebuttal briefs, which must be limited to issues 
raised in such case briefs, may be filed not later than 19 days after 
the date of publication of this notice. See 19 CFR 351.309(d). Parties 
who submit arguments are requested to submit with the argument (1) a 
statement of the issue, (2) a brief summary of the argument, and (3) a 
table of authorities. Any interested party may request a hearing within 
14 days of publication of this notice. See 19 CFR 351.310(c). Any 
hearing, if requested, may be held 22 days after the date of 
publication of this notice, or the first working day thereafter, as 
practicable.
    Consistent with section 351.216(e) of the Department's regulations, 
we will issue the final results of this changed circumstances review 
not later than 270 days after the date on which this review was 
initiated.
    This notice is published in accordance with sections 751(b)(1) and 
771(i)(1) of the Act and sections 351.216 and 351.222 of the 
Department's regulations.

    Dated: February 8, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-2093 Filed 2-13-06; 8:45 am]
BILLING CODE 3510-DS-S