Cut-to-Length Carbon Steel Plate from Spain: Final Results of Expedited Five-year (“Sunset”) Review of the Countervailing Duty Order, 32523-32525 [E6-8757]

Download as PDF 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 32524 Federal Register / Vol. 71, No. 108 / Tuesday, June 6, 2006 / Notices sroberts on PROD1PC70 with NOTICES Background The countervailing duty order which covers CTL Plate from Spain, was published in the Federal Register on August 17, 1993. See Countervailing Duty Order: Certain Steel Products from Spain, 58 FR 43761 (August 17, 1993). On November 1, 2005, the Department initiated the second sunset review of the countervailing duty order on CTL Plate from Spain, 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., 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. On November 30, 2005, the Department received a substantive response from domestic interested parties within the deadline specified in section 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)(2), the Department notified the International Trade Commission (‘‘ITC’’) that respondent interested parties provided inadequate response to the Notice of Initiation of Five-year (‘‘Sunset’’) Review.3 The Department, therefore, is conducting 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 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 subsequent reviews. 2 On December 1, 2005, the Department received a letter from domestic interested parties amending their November 30, 2005 substantive response to the Department’s initiation of the sunset review on CTL Plate from Spain, to include United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC (‘‘USW’’). 3 See December 21, 2005 letter to ITC, Robert Carpenter, Director of Investigations, from Barbara E. Tillman, Director, Office 6, AD/CVD Operations, Import Administration. VerDate Aug<31>2005 17:06 Jun 05, 2006 Jkt 208001 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 Spain is extraordinarily complicated and required additional time for the completion of the 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 Spain 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 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 Spain; Final Results of Expedited Sunset Review of Countervailing Duty Order, 65 FR 18307 (April 7, 2000) (‘‘First Sunset Review’’), the Department has conducted two proceedings pursuant to Section 129 of the Uruguay Round Agreements Act (URAA). See Final Results of Expedited Sunset Review of Cut–to-Length Carbon Steel Plate from Spain (‘‘First Section 129 Review’’), from Joseph A. Spetrini, Deputy Assistant Secretary for Import Administration, to James J. Jochum, Assistant Secretary for Import Administration, dated October 24, 2003; and Second Section 129 Determination on the Sunset Review of the Countervailing Duty Order on Certain Cut–to-Length Carbon Steel Plate from Spain (‘‘Second Section 129 Review’’), from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated May 26, 2006. The First Section 129 Review was conducted pursuant to a WTO ruling that found the Department must modify its privatization methodology and apply that revised methodology to the First Sunset Review. The Department modified its methodology but determined it unnecessary to reach the privatization issue in the First Section 129 Review in view of its conclusion on recurring, non–allocable subsidies. The WTO, however, disagreed and directed the Department to conduct a second 129 proceeding to apply its modified privatization methodology. In the Second Section 129 Review, the Department determined that the privatization of Aceralia did not PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 extinguish the non–recurring, allocable subsidies provided to Aceralia prior to its privatization. The Department further determined that it had been provided substantial evidence that demonstrated the termination of programs under Royal Decree 878/81 that were originally found countervailable in the investigation. However, because countervailable programs continued to exist, the Department determined that revocation of the countervailing duty order would likely lead to continuation or recurrence of a countervailable subsidy. 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. Analysis of Comments Received All issues raised in substantive responses by parties in this sunset review are addressed in the Issues and E:\FR\FM\06JNN1.SGM 06JNN1 Federal Register / Vol. 71, No. 108 / Tuesday, June 6, 2006 / Notices Decision Memorandum for Final Results of Expedited Five-year (‘‘Sunset’’) Review of the Countervailing Duty Order on Cut–to-Length Steel Plate from Spain (‘‘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 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 Spain is likely to lead to continuation or recurrence of countervailable subsidies at the following countervailing duty rate: Manufacturer/Exporter Net Subsidy Margin (percent) All Producers/Exporters from Spain ................. 33.68 sroberts on PROD1PC70 with NOTICES 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. E6–8757 Filed 6–5–06; 8:45 am] BILLING CODE 3510–DS–S VerDate Aug<31>2005 17:06 Jun 05, 2006 Jkt 208001 DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; Advanced Technology Program Business Reporting System ACTION: Notice. The Department of Commerce (DOC), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the continuing and proposed information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before August 7, 2006. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instruments and instructions should be directed to the attention of Barbara Lambis/Advanced Technology Program Senior Policy and Operations Advisor/ 100 Bureau Drive, Stop 4700, Gaithersburg, MD 20899–4700/301– 975–4447/barbara.lambis@nist.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract This submission under the Paperwork Reduction Act represents a request for extension of a currently approved collection by the Department of Commerce’s National Institute of Standards and Technology. The Advanced Technology Program (ATP) provides cost-shared multi-year funding to single companies and to industry-led joint ventures to accelerate the development of challenging, high-risk technologies that promise significant commercial payoffs and widespread benefits for the nation. This government-industry partnership aids companies in accelerating the development of emerging or enabling technologies that lead to revolutionary new products and industrial processes and services that can compete in rapidly changing world markets. ATP challenges the research and development community to take on higher technical risk with commensurately higher potential PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 32525 payoffs for the nation than they would otherwise pursue. This request is for the information collection requirements associated with completing project surveys once an award is granted. The intent of the collection is to meet statutory requirements for ATP, as well as compliance with 15 CFR part 14 and the Government Performance and Results Act. II. Method of Collection The baseline, quarterly, anniversary, and closeout business reports are submitted in a Web-based survey instrument. The post-project survey report is conducted as a telephone survey interview and supplemented with a Web-based survey instrument. III. Data OMB Number: 0693–0009. Form Numbers: None. Type of Review: Regular submission. Affected Public: Business or other forprofit organizations; and not-for-profit institutions. Estimated Number of Respondents: 425. Estimated Time per Response: 5 Hours. Estimated Total Annual Respondent Burden Hours: 2,125. Estimated Total Annual Respondent Cost Burden: $212,500. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: June 1, 2006. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 06–5140 Filed 6–5–06; 8:45 am] BILLING CODE 3510–13–P E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 71, Number 108 (Tuesday, June 6, 2006)]
[Notices]
[Pages 32523-32525]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8757]


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

DEPARTMENT OF COMMERCE

International Trade Administration

(C-469-804)


Cut-to-Length Carbon Steel Plate from Spain: 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 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.

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:

[[Page 32524]]

Background

    The countervailing duty order which covers CTL Plate from Spain, 
was published in the Federal Register on August 17, 1993. See 
Countervailing Duty Order: Certain Steel Products from Spain, 58 FR 
43761 (August 17, 1993). On November 1, 2005, the Department initiated 
the second sunset review of the countervailing duty order on CTL Plate 
from Spain, 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., 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 subsequent reviews.
---------------------------------------------------------------------------

    On November 30, 2005, the Department received a substantive 
response from domestic interested parties within the deadline specified 
in section 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)(2), the Department 
notified the International Trade Commission (``ITC'') that respondent 
interested parties provided inadequate response to the Notice of 
Initiation of Five-year (``Sunset'') Review.\3\ The Department, 
therefore, is conducting 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 amending their November 30, 2005 
substantive response to the Department's initiation of the sunset 
review on CTL Plate from Spain, to include United Steel, Paper and 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and 
Service Workers International Union, AFL-CIO-CLC (``USW'').
    \3\ See December 21, 2005 letter to ITC, Robert Carpenter, 
Director of Investigations, 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 
Spain is extraordinarily complicated and required additional time for 
the completion of the 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 Spain 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 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 Spain; Final Results of 
Expedited Sunset Review of Countervailing Duty Order, 65 FR 18307 
(April 7, 2000) (``First Sunset Review''), the Department has conducted 
two proceedings pursuant to Section 129 of the Uruguay Round Agreements 
Act (URAA). See Final Results of Expedited Sunset Review of Cut-to-
Length Carbon Steel Plate from Spain (``First Section 129 Review''), 
from Joseph A. Spetrini, Deputy Assistant Secretary for Import 
Administration, to James J. Jochum, Assistant Secretary for Import 
Administration, dated October 24, 2003; and Second Section 129 
Determination on the Sunset Review of the Countervailing Duty Order on 
Certain Cut-to-Length Carbon Steel Plate from Spain (``Second Section 
129 Review''), from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration, to David M. Spooner, Assistant Secretary for 
Import Administration, dated May 26, 2006. The First Section 129 Review 
was conducted pursuant to a WTO ruling that found the Department must 
modify its privatization methodology and apply that revised methodology 
to the First Sunset Review. The Department modified its methodology but 
determined it unnecessary to reach the privatization issue in the First 
Section 129 Review in view of its conclusion on recurring, non-
allocable subsidies. The WTO, however, disagreed and directed the 
Department to conduct a second 129 proceeding to apply its modified 
privatization methodology.
    In the Second Section 129 Review, the Department determined that 
the privatization of Aceralia did not extinguish the non-recurring, 
allocable subsidies provided to Aceralia prior to its privatization. 
The Department further determined that it had been provided substantial 
evidence that demonstrated the termination of programs under Royal 
Decree 878/81 that were originally found countervailable in the 
investigation. However, because countervailable programs continued to 
exist, the Department determined that revocation of the countervailing 
duty order would likely lead to continuation or recurrence of a 
countervailable subsidy.

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.

Analysis of Comments Received

    All issues raised in substantive responses by parties in this 
sunset review are addressed in the Issues and

[[Page 32525]]

Decision Memorandum for Final Results of Expedited Five-year 
(``Sunset'') Review of the Countervailing Duty Order on Cut-to-Length 
Steel Plate from Spain (``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 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 Spain is likely to lead to continuation or 
recurrence of countervailable subsidies at the following countervailing 
duty rate:

------------------------------------------------------------------------
                                                      Net Subsidy Margin
                Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
All Producers/Exporters from Spain..................               33.68
------------------------------------------------------------------------

    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. E6-8757 Filed 6-5-06; 8:45 am]
BILLING CODE 3510-DS-S