Certain Cut-to-Length Carbon Steel Plate From Mexico: Final Results of Expedited Five-Year (“Sunset”) Review of the Countervailing Duty Order, 32521-32522 [06-5144]

Download as PDF Federal Register / Vol. 71, No. 108 / Tuesday, June 6, 2006 / Notices Manufacturer/exporter Net subsidy margin (percent) All Producers/Exporters from Korea 2 .................................. 1.15 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 section 351.303 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 this determination and notice in accordance with sections 751(c), 752, and 777(i) of the Act. Dated: May 30, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–8754 Filed 6–5–06; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–201–810] Certain Cut-to-Length Carbon Steel Plate From Mexico: Final Results of Expedited Five-Year (‘‘Sunset’’) Review of the Countervailing Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 1, 2005, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the countervailing duty (‘‘CVD’’) order on certain cut-to-length carbon steel plate from Mexico pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-Year (‘‘Sunset’’) Reviews, 70 FR 65884 (November 1, 2005). On the basis of notices of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties, and an inadequate response from respondent interested parties (in this case, no response), the Department is sroberts on PROD1PC70 with NOTICES AGENCY: 2 Union Steel was excluded from the order on the basis of a de minimis net subsidy rate. See Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat Products From Korea: Amended Final Affirmative Countervailing Duty Determinations in Accordance with Decision Upon Remand, 66 FR 16656 (March 27, 2001). VerDate Aug<31>2005 17:06 Jun 05, 2006 Jkt 208001 conducting 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 at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective Date: June 6, 2006. FOR FURTHER INFORMATION CONTACT: Robert Copyak or Brandon Farlander, AD/CVD Operations, Import Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230; telephone: 202–482–2209 or 202–482– 0182, respectively. SUPPLEMENTARY INFORMATION: Background On November 1, 2005, the Department initiated a sunset review of the CVD order on certain cut-to-length carbon steel plate from Mexico pursuant to section 751(c) of the Act. See Initiation of Five-Year (‘‘Sunset’’) Reviews, 70 FR 65884. In November 2005, the Department received notices of intent to participate on behalf of Nucor Corporation (‘‘Nucor’’); IPSCO Steel Inc. (‘‘IPSCO’’); Oregon Steel Mills (‘‘Oregon Steel’’); Mittal Steel USA ISG Inc. (‘‘Mittal Steel USA’’); and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO–CLC (‘‘USW’’) (collectively, ‘‘domestic interested parties’’). The domestic interested parties claimed interested party status under sections 771(9)(C) and (D) of the Act, as domestic producers of a like product, or a union engaged in the production of subject merchandise in the United States. The Department received a complete substantive response from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We did not receive a substantive response or a rebuttal response from any foreign respondents. 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 is conducting an expedited sunset review of this CVD order. Scope of the Order The products covered by this order are certain cut-to-length carbon steel plates. These products include hotrolled carbon steel universal mill plates (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 millimeters but not PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 32521 exceeding 1,250 millimeters and of a thickness of not less than 4 millimeters, not in coils and without patterns in relief), of rectangular shape, neither clad, plated nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances; and certain hotrolled carbon steel flat-rolled products in straight lengths, of rectangular shape, hot rolled, neither clad, plated, nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances, 4.75 millimeters or more in thickness and of a width which exceeds 150 millimeters and measures at least twice the thickness, as currently classifiable in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under item numbers 7208.31.0000, 7208.32.0000, 7208.33.1000, 7208.33.5000, 7208.41.0000, 7208.42.0000, 7208.43.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.11.0000, 7211.12.0000, 7211.21.0000, 7211.22.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. Included in this administrative review are flat-rolled products of nonrectangular cross-section where such 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. Excluded from this administrative review is grade X–70 plate. HTSUS subheadings are provided for convenience and customs purposes. 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 for the Expedited Sunset Review of the Countervailing Duty Order on Certain Cut-to-Length Carbon Steel Plate from Mexico; Final Results’’ (‘‘Decision Memorandum’’) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration to David M. Spooner, Assistant Secretary for Import Administration, dated May 30, 2006, which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy rate likely to prevail if the order were revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendation in E:\FR\FM\06JNN1.SGM 06JNN1 32522 Federal Register / Vol. 71, No. 108 / Tuesday, June 6, 2006 / Notices sroberts on PROD1PC70 with NOTICES 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 http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. SUMMARY: On November 1, 2005, the Department of Commerce (‘‘the Department’’) published in the Federal Register the notice of initiation of the second five-year sunset review of the countervailing duty order on certain cut–to-length carbon steel plate (‘‘CTL Plate’’) from Brazil, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Final Results of Review Five-year (‘‘Sunset’’) Reviews, 70 FR The Department determines that 65884 (November 1, 2005)(‘‘Second revocation of the CVD order on certain Sunset Review’’). On the basis of a cut-to-length carbon steel plate from notice of intent to participate and an Mexico would be likely to lead to adequate substantive response filed on continuation or recurrence of a behalf of domestic interested parties, countervailable subsidy at the rates and an inadequate response from listed below: respondent interested parties (in this case, no response), the Department has Net conducted an expedited sunset review countervailable Manufacturer/exporter of this order pursuant to section subsidy 751(c)(3)(B) of the Act and section (percent) 351.218(e)(1)(ii)(B) of the Department’s AHMSA ................................. 28.32 regulations. As a result of this sunset All Others .............................. 20.25 review, the Department finds that revocation of the countervailing duty Notification Regarding Administrative order is likely to lead to continuation or Protective Order recurrence of a countervailable subsidy at the level indicated in the ‘‘Final This notice also serves as the only Results of Review’’ section of this reminder to parties subject to administrative protective order (‘‘APO’’) notice. of their responsibility concerning the EFFECTIVE DATE: June 6, 2006. return or destruction of proprietary FOR FURTHER INFORMATION CONTACT: information disclosed under APO in Martha Douthit or Dana Mermelstein, accordance with 19 CFR 351.305 of the AD/CVD Operations, Office 6, Import Department’s regulations. Timely Administration, International Trade notification of the return or destruction Administration, U.S. Department of of APO materials or conversion to Commerce, 14th Street and Constitution judicial protective order is hereby Ave., NW., Washington, DC 20230; requested. Failure to comply with the telephone: (202) 482–2371 or (202) 482– regulations and terms of an APO is a 3964, respectively. violation which is subject to sanction. SUPPLEMENTARY INFORMATION: We are issuing and publishing these results and notice in accordance with Background sections 751(c), 752(b), and 777(i)(1) of The countervailing duty order which the Act. covers CTL Plate from Brazil was Dated: May 30, 2006. published in the Federal Register on David M. Spooner, August 17, 1993. See Countervailing Assistant Secretary for Import Duty Order and Amendment to Final Administration. Affirmative Countervailing Duty [FR Doc. 06–5144 Filed 6–5–06; 8:45 am] Determination: Certain Steel Products BILLING CODE 3510–DS–P From Brazil, 58 FR 43751 (August 17, 1993). On November 1, 2005, the Department initiated the second sunset DEPARTMENT OF COMMERCE review of the countervailing duty order on CTL Plate from Brazil, pursuant to International Trade Administration section 751(c) of the Act. See Second Sunset Review. The Department (C–351–818) received notices of intent to participate from IPSCO, Inc., Mittal Steel USA ISG, Cut–to-Length Carbon Steel Plate from Inc., Nucor Corporation, Oregon Steel Brazil: Final Results of Expedited Five- Mills, Inc., and United Steel, Paper and year (‘‘Sunset’’) Review of the Forestry, Rubber, Manufacturing, Countervailing Duty Order Energy, Allied Industrial and Service Workers International Union, AFL–CIOAGENCY: Import Administration, CLC (‘‘USW’’) (collectively, ‘‘domestic International Trade Administration, interested parties’’), within the deadline Department of Commerce. VerDate Aug<31>2005 17:06 Jun 05, 2006 Jkt 208001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 specified in 19 CFR 351.218(d)(1)(i).1 Domestic interested parties claimed interested party status under sections 771(9)(C) and (D) of the Act, as U.S. producers and a certified union engaged in the manufacture, production, or wholesale of CTL Plate in the United States. On November 30, 2005, the Department received a substantive response from domestic interested parties within deadline specified in 19 CFR 351.218(d)(3)(i).2 The Department did not receive any responses from any respondent interested party to this proceeding. In accordance with 19 CFR 351.218(e)(1)(ii)(C)(1), the Department notified the International Trade Commission (‘‘ITC’’) that respondent interested parties provided an inadequate response to the Notice of Initiation of Five-year (‘‘Sunset’’) Reviews.3 The Department, therefore, has conducted an expedited sunset review of the countervailing duty order, pursuant to 19 CFR 351.218(e)(1)(ii)(B) and 351.218(e)(1)(ii)(C)(2). In accordance with section 751(c)(5)(C)(v) of the Act, the Department may treat a review as extraordinarily complicated if it is a review of a transition order (i.e., an order in effect on January 1, 1995, the effective date of the Uruguay Round Agreements Act), as is the case in this proceeding. As such, the Department determined that the sunset review of the countervailing duty order on CTL Plate from Brazil, is extraordinarily complicated and requires additional time for the completion of final results of review. In accordance with section 751(c)(5)(B) of the Act, the Department extended the time limit for completion of the final results of CTL Plate from Brazil until no later than May 30, 2006. See Cut–to-Length Carbon Steel Plate from Brazil and Spain; Extension of Time Limits for Final Results of Expedited Five-year (‘‘Sunset’’) Reviews 1 Domestic interested parties note that Mittal, IPSCO, and Oregon Steel Mills, were the petitioners or successors to petitioners in the original investigation and that they have participated in the first sunset review. 2 On December 1, 2005, the Department received a letter from domestic interested parties regarding an amendment to their November 30, 2005 substantive response to the Department’s initiation of the sunset review on CTL Plate from Brazil. In the letter, domestic interested parties included United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC (‘‘USW’’) to the November 30, 2005 substantive response. 3 See December 21, 2005 letter to Robert Carpenter, Director of Investigations, ITC, from Barbara E. Tillman, Director, Office 6, AD/CVD Operations, Import Administration. E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 71, Number 108 (Tuesday, June 6, 2006)]
[Notices]
[Pages 32521-32522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5144]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-201-810]


Certain Cut-to-Length Carbon Steel Plate From Mexico: Final 
Results of Expedited Five-Year (``Sunset'') Review of the 
Countervailing Duty Order

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

SUMMARY: On November 1, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing duty 
(``CVD'') order on certain cut-to-length carbon steel plate from Mexico 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 65884 
(November 1, 2005). On the basis of notices of intent to participate 
and an adequate substantive response filed on behalf of the domestic 
interested parties, and an inadequate response from respondent 
interested parties (in this case, no response), the Department is 
conducting 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 at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Effective Date: June 6, 2006.

FOR FURTHER INFORMATION CONTACT: Robert Copyak or Brandon Farlander, 
AD/CVD Operations, Import Administration, U.S. Department of Commerce, 
14th Street & Constitution Avenue, NW., Washington, DC 20230; 
telephone: 202-482-2209 or 202-482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2005, the Department initiated a sunset review of 
the CVD order on certain cut-to-length carbon steel plate from Mexico 
pursuant to section 751(c) of the Act. See Initiation of Five-Year 
(``Sunset'') Reviews, 70 FR 65884. In November 2005, the Department 
received notices of intent to participate on behalf of Nucor 
Corporation (``Nucor''); IPSCO Steel Inc. (``IPSCO''); Oregon Steel 
Mills (``Oregon Steel''); Mittal Steel USA ISG Inc. (``Mittal Steel 
USA''); and United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial and Service Workers International Union, AFL-
CIO-CLC (``USW'') (collectively, ``domestic interested parties''). The 
domestic interested parties claimed interested party status under 
sections 771(9)(C) and (D) of the Act, as domestic producers of a like 
product, or a union engaged in the production of subject merchandise in 
the United States. The Department received a complete substantive 
response from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). We did not receive a 
substantive response or a rebuttal response from any foreign 
respondents. 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 is conducting an 
expedited sunset review of this CVD order.

Scope of the Order

    The products covered by this order are certain cut-to-length carbon 
steel plates. These products include hot-rolled carbon steel universal 
mill plates (i.e., flat-rolled products rolled on four faces or in a 
closed box pass, of a width exceeding 150 millimeters but not exceeding 
1,250 millimeters and of a thickness of not less than 4 millimeters, 
not in coils and without patterns in relief), of rectangular shape, 
neither clad, plated nor coated with metal, whether or not painted, 
varnished, or coated with plastics or other nonmetallic substances; and 
certain hot-rolled carbon steel flat-rolled products in straight 
lengths, of rectangular shape, hot rolled, neither clad, plated, nor 
coated with metal, whether or not painted, varnished, or coated with 
plastics or other nonmetallic substances, 4.75 millimeters or more in 
thickness and of a width which exceeds 150 millimeters and measures at 
least twice the thickness, as currently classifiable in the Harmonized 
Tariff Schedule of the United States (``HTSUS'') under item numbers 
7208.31.0000, 7208.32.0000, 7208.33.1000, 7208.33.5000, 7208.41.0000, 
7208.42.0000, 7208.43.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 
7211.11.0000, 7211.12.0000, 7211.21.0000, 7211.22.0045, 7211.90.0000, 
7212.40.1000, 7212.40.5000, and 7212.50.0000. Included in this 
administrative review are flat-rolled products of non-rectangular 
cross-section where such 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. Excluded from this administrative review is grade X-70 
plate. HTSUS subheadings are provided for convenience and customs 
purposes. 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 for the Expedited Sunset Review of the 
Countervailing Duty Order on Certain Cut-to-Length Carbon Steel Plate 
from Mexico; Final Results'' (``Decision Memorandum'') from Stephen J. 
Claeys, Deputy Assistant Secretary for Import Administration to David 
M. Spooner, Assistant Secretary for Import Administration, dated May 
30, 2006, which is hereby adopted by this notice. The issues discussed 
in the Decision Memorandum include the likelihood of continuation or 
recurrence of a countervailable subsidy and the net countervailable 
subsidy rate likely to prevail if the order were revoked.
    Parties can find a complete discussion of all issues raised in this 
review and the corresponding recommendation in

[[Page 32522]]

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 http://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 on 
certain cut-to-length carbon steel plate from Mexico would be likely to 
lead to continuation or recurrence of a countervailable subsidy at the 
rates listed below:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                 Manufacturer/exporter                       subsidy
                                                            (percent)
------------------------------------------------------------------------
AHMSA..................................................          28.32
All Others.............................................          20.25
------------------------------------------------------------------------

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 these results and notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act.

    Dated: May 30, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. 06-5144 Filed 6-5-06; 8:45 am]
BILLING CODE 3510-DS-P