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]
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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).
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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 https://
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
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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:
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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.
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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 https://
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
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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
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Fmt 4703
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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
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]]>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 https://
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
