Cut-to-Length Carbon Steel Plate from Brazil: Final Results of Expedited Five-year (“Sunset”) Review of the Countervailing Duty Order, 32522-32523 [E6-8756]

Download as PDF 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 32523 Federal Register / Vol. 71, No. 108 / Tuesday, June 6, 2006 / Notices of Countervailing Duty Orders; 71 FR 7018 (February 10, 2006). Since the publication of its results in the first sunset review (see Cut–toLength Carbon Steel Plate from Brazil; Final Results of Expedited Sunset Review of Countervailing Duty Order, 65 FR 18065 (April 6, 2000) (‘‘First Sunset Review’’)), there have been no administrative reviews of this order. sroberts on PROD1PC70 with NOTICES Scope of the Order The products covered by this countervailing duty order 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 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 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, and 7212.50.0000. Included within the scope 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 is grade X–70 plate. These HTSUS item numbers are provided for convenience and customs purposes. The Department’s written description remains dispositive. Since the completion of the first sunset review, the Department has determined that continuous cast steel slab is outside the scope of this order. See Notice of Scope Rulings and Anti– circumvention Inquiries, 68 FR 36770 (June 19, 2003). VerDate Aug<31>2005 17:06 Jun 05, 2006 Jkt 208001 Analysis of Comments Received All issues raised in substantive responses by parties to this sunset review are addressed in the Issues and Decision Memorandum for Final Results of Expedited Five-year (‘‘Sunset’’) Review of the Countervailing Duty Order on Certain Cut–to-Length Steel Plate from Brazil, (‘‘Decision Memo’’) 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 Memo include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy rate likely to prevail if the order were the order revoked. Parties can find a complete discussion of all issues raised in this sunset review and the corresponding recommendation in this public memorandum which is on file in B–099, the Central Records Unit, of the main Commerce building. In addition, a complete version of the Decision Memo can be accessed directly on the Department’s Web page at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. Final Results of Review The Department determines that revocation of the countervailing duty order on CTL Plate from Brazil would be likely to lead to continuation or recurrence of countervailable subsidies at the following net countervailing duty rates: Manufacturer/Exporter Net Subsidy Rate (percent) Usinas Siderurgicas de Minas Gerais S.A. (‘‘USIMINAS’’) ........... Companhia Siderurgica Paulista (‘‘COSIPA’’) All others ....................... 5.44 48.64 23.10 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 351.305 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 this determination and notice in accordance PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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. E6–8756 Filed 6–5–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (C–469–804) Cut–to-Length Carbon Steel Plate from Spain: Final Results of Expedited Fiveyear (‘‘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’’) 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 Spain, 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) (‘‘Second Sunset Review’’). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of domestic interested parties, and an inadequate response from respondent interested parties (in this case, no response), the Department has conducted an expedited sunset review of this order pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(B) of the Department’s regulations. As a result of this sunset review, the Department finds that revocation of the countervailing duty order is 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: June 6, 2006. FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Sean Carey, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., N.W., Washington, D.C. 20230; telephone: (202) 482–2371 or (202) 482– 3964, respectively. SUPPLEMENTARY INFORMATION: E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 71, Number 108 (Tuesday, June 6, 2006)]
[Notices]
[Pages 32522-32523]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8756]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-351-818)


Cut-to-Length Carbon Steel Plate from Brazil: 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'') 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 Five-year (``Sunset'') 
Reviews, 70 FR 65884 (November 1, 2005)(``Second Sunset Review''). On 
the basis of a notice of intent to participate and an adequate 
substantive response filed on behalf of domestic interested parties, 
and an inadequate response from respondent interested parties (in this 
case, no response), the Department has conducted an expedited sunset 
review of this order pursuant to section 751(c)(3)(B) of the Act and 
section 351.218(e)(1)(ii)(B) of the Department's regulations. As a 
result of this sunset review, the Department finds that revocation of 
the countervailing duty order is 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: June 6, 2006.

FOR FURTHER INFORMATION CONTACT: Martha Douthit or Dana Mermelstein, 
AD/CVD Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-2371 
or (202) 482-3964, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The countervailing duty order which covers CTL Plate from Brazil 
was published in the Federal Register on August 17, 1993. See 
Countervailing Duty Order and Amendment to Final Affirmative 
Countervailing Duty Determination: Certain Steel Products From Brazil, 
58 FR 43751 (August 17, 1993). On November 1, 2005, the Department 
initiated the second sunset review of the countervailing duty order on 
CTL Plate from Brazil, pursuant to section 751(c) of the Act. See 
Second Sunset Review. The Department received notices of intent to 
participate from IPSCO, Inc., Mittal Steel USA ISG, Inc., Nucor 
Corporation, Oregon Steel Mills, Inc., and United Steel, Paper and 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service 
Workers International Union, AFL-CIO-CLC (``USW'') (collectively, 
``domestic interested parties''), within the deadline 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

[[Page 32523]]

of Countervailing Duty Orders; 71 FR 7018 (February 10, 2006).
    Since the publication of its results in the first sunset review 
(see Cut-to-Length Carbon Steel Plate from Brazil; Final Results of 
Expedited Sunset Review of Countervailing Duty Order, 65 FR 18065 
(April 6, 2000) (``First Sunset Review'')), there have been no 
administrative reviews of this order.

Scope of the Order

    The products covered by this countervailing duty order 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 7208.40.3030, 7208.40.3060, 
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 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, and 7212.50.0000. Included 
within the scope 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 is grade X-70 plate. These HTSUS item numbers are provided for 
convenience and customs purposes. The Department's written description 
remains dispositive.
    Since the completion of the first sunset review, the Department has 
determined that continuous cast steel slab is outside the scope of this 
order. See Notice of Scope Rulings and Anti-circumvention Inquiries, 68 
FR 36770 (June 19, 2003).

Analysis of Comments Received

    All issues raised in substantive responses by parties to this 
sunset review are addressed in the Issues and Decision Memorandum for 
Final Results of Expedited Five-year (``Sunset'') Review of the 
Countervailing Duty Order on Certain Cut-to-Length Steel Plate from 
Brazil, (``Decision Memo'') 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 
Memo include the likelihood of continuation or recurrence of a 
countervailable subsidy and the net countervailable subsidy rate likely 
to prevail if the order were the order revoked.
    Parties can find a complete discussion of all issues raised in this 
sunset review and the corresponding recommendation in this public 
memorandum which is on file in B-099, the Central Records Unit, of the 
main Commerce building. In addition, a complete version of the Decision 
Memo can be accessed directly on the Department's Web page at http://
ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Review

    The Department determines that revocation of the countervailing 
duty order on CTL Plate from Brazil would be likely to lead to 
continuation or recurrence of countervailable subsidies at the 
following net countervailing duty rates:

------------------------------------------------------------------------
                                                       Net Subsidy Rate
                Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
Usinas Siderurgicas de Minas Gerais S.A.                            5.44
 (``USIMINAS'').....................................
Companhia Siderurgica Paulista (``COSIPA'').........               48.64
All others..........................................               23.10
------------------------------------------------------------------------

    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 351.305 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 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. E6-8756 Filed 6-5-06; 8:45 am]
BILLING CODE 3510-DS-S