Stainless Steel Plate in Coils from Belgium: Final Results of Countervailing Duty Administrative Review, 75673-75675 [E8-29528]
Download as PDF
Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
3920.62.00.90. HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum
in the Final Results of the
Countervailing Duty Administrative
Review of Polyethylene Terephthalate
Film, Sheet, and Strip (PET Film) from
India, from Stephen J. Claeys, Deputy
Assistant Secretary to David M.
Spooner, Assistant Secretary for Import
Administration (December 5, 2008)
(Issues and Decision Memorandum),
which is hereby adopted by this notice.
The Issues and Decision Memorandum
also contains a complete analysis of the
programs covered by this review and the
methodologies used to calculate the
subsidy rates. A list of the comments
raised in the briefs and addressed in the
Issues and Decision Memorandum is
appended to this notice. The Issues and
Decision Memorandum is on file in the
Central Records Unit, Room 1117 of the
main Department building, and can be
accessed directly on the Web at https://
ia.ita.doc.gov/frn.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made some
adjustments in the methodology that
was used in the Preliminary Results for
calculating MTZ’s subsidy rates under
several programs. All changes are
discussed in detail in the Issues and
Decision Memorandum.
Final Results of Review
In accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (Act) and 19 CFR
351.221(b)(5), we calculated individual
ad valorem subsidy rates for MTZ, the
only producer/exporter subject to
review for the calendar year 2006, the
period of review for this administrative
review.
Manufacturer/Exporter
jlentini on PROD1PC65 with NOTICES
MTZ Polyfilms Ltd. ................
Net Subsidy
Rate
65.59 %
Assessment and Cash Deposit
Instructions
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (CBP) 15 days
after the date of publication of these
final results of review to liquidate
shipments of subject merchandise by
MTZ entered, or withdrawn from
VerDate Aug<31>2005
17:56 Dec 11, 2008
Jkt 217001
warehouse, for consumption on or after
January 1, 2006 through December 31,
2006, at 65.59 percent ad valorem of the
entered value. We will also instruct CBP
to collect cash deposits of estimated
countervailing duties, at this rate, on
shipments of the subject merchandise
by MTZ entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of these final
results of review. For all non–reviewed
companies, the Department has
instructed CBP to assess countervailing
duties at the cash deposit rates in effect
at the time of entry, for entries between
January 1, 2006 and December 31, 2006.
The cash deposit rates for all companies
not covered by this review are not
changed by the results of this review.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 5, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix I
List of Issues Addressed in the Issues
and Decision Memorandum
Pre–Shipment and Post–Shipment
Export Financing Program
Comment 1: MTZ’s Participation in the
Pre–Shipment and Post–Shipment
Export Financing Program
Benefit Calculation Under the Export
Promotion Capital Goods Scheme
(EPCGS)
Comment 2: Education Cess
Comment 3: Special Additional Duty
Comment 4: Unpaid Import Duty
Liabilities (Benefit Earned and
Denominator)
Comment 5: Partial Fulfillment of
Export Obligation
Comment 6: Interest Rate Benchmark for
Contingent Liabilities
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Fmt 4703
Sfmt 4703
75673
Advanced License Program (ALP)
Comment 7: Countervailability of the
ALP
Union Territories Central Sales Tax
Programs (CST)
Comment 8: The Benefits Received
Under the Program
Comment 9: Adjustments to Cash
Deposit Rates to Account for Program–
Wide Changes
Comity
Comment 10: Principle of Comity in the
EPCGS and ALP
Due Process
Comment 11: Due Process Claims
[FR Doc. E8–29482 Filed 12–11–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
C–423–809
Stainless Steel Plate in Coils from
Belgium: Final Results of
Countervailing Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2008, the U.S.
Department of Commerce (‘‘the
Department’’) published in the Federal
Register its preliminary results of the
administrative review of the
countervailing duty order on stainless
steel plate in coils from Belgium for the
period January 1, 2006, through
December 31, 2006.
On November 6, 2008, the Department
issued a post–preliminary interim
analysis regarding certain additional
information placed on the record of this
administrative review shortly before and
after the preliminary results were
issued. The final results do not
effectively differ from the preliminary
results, where we found the net subsidy
rate to be de minimis. See section below
entitled ‘‘Final Results of Review’’ for
further discussion.
EFFECTIVE DATE: December 12, 2008.
FOR FURTHER INFORMATION CONTACT:
Alicia Winston or David Layton, AD/
CVD Operations, Office 1, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1785 and (202)
482–0371, respectively.
SUPPLEMENTARY INFORMATION:
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75674
Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
Background
The following events have occurred
since the publication of the preliminary
results of this review. See Stainless
Steel Plate in Coils from Belgium:
Preliminary Results of Countervailing
Duty Administrative Review, 73 FR
32303 (June 6, 2008) (‘‘Preliminary
Results’’).
On June 12, 2008, the Department
extended the briefing and hearing
schedules in order to provide parties
with additional time to consider
supplemental questionnaire responses
received after the Preliminary Results,
as well as the Department’s post–
preliminary analysis.
As noted in the Preliminary Results,
the Government of Belgium (‘‘GOB’’)
failed to respond to the Department’s
April 3, 2008, supplemental
questionnaire within the specified
deadline. The GOB submitted its
response to the Department’s April 3,
2008, supplemental questionnaire,
subsequent to the Preliminary Results,
on July 7, 2008. On July 22, 2008, the
Department rejected this response as
untimely. However, on August 20, 2008,
we informed the GOB that we would
grant a final extension for the April 3,
2008, supplemental questionnaire
response until September 2, 2008. The
GOB refiled its response to the April 3,
2008, supplemental questionnaire on
August 22, 2008.
We sent an additional supplemental
questionnaire to U&A on June 12, 2008,
and received U&A’s response on July 9,
2008. On July 22, 2008, the Department
rejected U&A’s July 9, 2008, response on
the grounds that it contained untimely
factual information from the GOB. The
Department requested that U&A
resubmit its supplemental response
without the untimely information. On
July 28, 2008, counsel for U&A met with
Departments officials to discuss this
matter. U&A resubmitted its
supplemental response on August 15,
2008, and September 8, 2008.
On September 29, 2008, we extended
the time limit for the final results of this
administrative review by 60 days (to
December 3, 2008), pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). See Stainless
Steel Plate in Coils from Belgium:
Extension of Time Limit for the Final
Results of the Eighth Countervailing
Duty Administrative Review, 73 FR
56554 (September 29, 2008).
The Department issued its post–
preliminary analysis on November 6,
2008. See Memorandum to David M.
Spooner from David Neubacher and
Alicia Winston: Post Preliminary
Findings (November 6, 2008) (Post–
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17:56 Dec 11, 2008
Jkt 217001
Prelim Analysis). The Department
received case briefs from U&A and the
GOB on November 14, 2008. No rebuttal
briefs were filed. The Department did
not conduct a hearing in this review
because none was requested.
Period of Review
The period of review (‘‘POR’’) for
which we are measuring subsidies is
January 1, 2006, through December 31,
2006.
Scope of the Order
The products covered by this order
are imports of certain stainless steel
plate in coils.
Stainless steel is an alloy steel
containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
of chromium, with or without other
elements. The subject plate products are
flat–rolled products, 254 mm or over in
width and 4.75 mm or more in
thickness, in coils, and annealed or
otherwise heat treated and pickled or
otherwise descaled. The subject plate
may also be further processed (e.g.,
cold–rolled, polished, etc.) provided
that it maintains the specified
dimensions of plate following such
processing. Excluded from the scope of
this order are the following: (1) plate not
in coils, (2) plate that is not annealed or
otherwise heat treated and pickled or
otherwise descaled, (3) sheet and strip,
and (4) flat bars.
The merchandise subject to this order
is currently classifiable in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) at
subheadings: 7219.11.00.30,
7219.11.00.60, 7219.12.00.05,
7219.12.00.06, 7219.12.00.20,
7219.12.00.21, 7219.12.00.25,
7219.12.00.26, 7219.12.00.50,
7219.12.00.51, 7219.12.00.55,
7219.12.00.56, 7219.12.00.65,
7219.12.00.66, 7219.12.00.70,
7219.12.00.71, 7219.12.00.80,
7219.12.00.81, 7219.31.00.10,
7219.90.00.10, 7219.90.00.20,
7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.11.00.00,
7220.20.10.10, 7220.20.10.15,
7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10,
7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, and
7220.90.00.80. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
scope of this order remains dispositive.
This scope language reflects the
March 11, 2003, amendment of the
antidumping and countervailing duty
orders and suspension of liquidation
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Fmt 4703
Sfmt 4703
which the Department implemented in
accordance with the Court of
International Trade (CIT) decision in
Allegheny Ludlum v. United States, Slip
Op. 02–147 (Dec. 12, 2002). See also
Notice of Amended Antidumping
Orders; Certain Stainless Steel Plate in
Coils from Belgium, Canada, Italy, the
Republic of Korea, South Africa, and
Taiwan, 68 FR 11520 (March 11, 2003)
and Amended CVD Order.
Period of Review
The period for which we are
measuring subsidies, i.e., the period of
review (‘‘POR’’), is January 1, 2006,
through December 31, 2006.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the December 3, 2008,
Issues and Decision Memorandum for
the Eighth Countervailing Duty
Administrative Review of Stainless
Steel Plate in Coils from Belgium
(‘‘Decision Memorandum’’), from
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, to
David M. Spooner, Assistant Secretary
for Import Administration, which is
hereby adopted by this notice. Attached
to this notice as an appendix is a list of
the issues which an interested party has
raised and to which we have responded
in the Decision Memorandum. Parties
can find a complete discussion of all
issues raised in this review and the
corresponding recommendations in this
public memorandum, which is on file in
the Department’s Central Records Unit,
Room 1117 of the main Department
building (‘‘CRU’’). In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the Web at https://ia.ita.doc.gov/frn/
index.html. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Final Results of Review
We adjusted the subsidy rate
calculation by using the revised sales
value reported by U&A. See the
Decision Memorandum and see the
revised rate calculations in the
Memorandum to the File, ‘‘2006 Final
Results Calculation Memorandum for
U&A,’’ dated December 3, 2008. In the
Preliminary Results, we calculated a de
minimis rate for U&A, and the rate we
have calculated in these final results is
still de minimis even though we have
revised the sales denominator used in
our calculations. For a complete
analysis of the programs found to be
countervailable, and the basis for the
Department’s determination, see the
Decision Memorandum.
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Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
We determine that the total net
countervailing subsidy rate for U&A is
0.20 percent ad valorem for the period
January 1, 2006, through December 31,
2006, which is de minimis pursuant to
19 CFR 351.106(c)(1). The calculations
will be disclosed to the interested
parties in accordance with 19 CFR
351.224(b).
Assessment Rates
Dated: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
APPENDIX
List of Comments and Issues in the
Decision Memorandum
Comment 1: Threshold Requirements
Comment 2: Use of Facts Otherwise
Available
Comment 3: SidInvest Benefit
Calculation
Cash Deposits
jlentini on PROD1PC65 with NOTICES
Because the countervailing duty rate
for U&A is de minimis, we will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to liquidate entries for U&A
during the period January 1, 2006,
through December 31, 2006, without
regard to countervailing duties in
accordance with 19 CFR 351.106(c). The
Department will issue appropriate
instructions directly to CBP 15 days
after publication of these final results of
this review.
High and Ultra–High Voltage Ceramic
Station Post Insulators from Japan:
Final Results of Sunset Review and
Revocation of Order
Since the countervailable subsidy rate
for U&A is zero, the Department will
instruct CBP to continue to suspend
liquidation of entries, but to collect no
cash deposits of estimated
countervailing duties for U&A on all
shipments of the subject merchandise
that are entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this administrative review.
For all non–reviewed firms, we will
instruct CBP to collect cash deposits of
estimated countervailing duties at the
most recent company–specific or all–
others rate applicable to the company.
These rates shall apply to all non–
reviewed companies until a review of a
company assigned these rates is
requested.
This notice serves as a reminder to
parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
VerDate Aug<31>2005
17:56 Dec 11, 2008
Jkt 217001
Comment 4: Ongoing Scope Inquiry
[FR Doc. E8–29528 Filed 12–11–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–588–862
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 3, 2008, the
Department of Commerce (Department)
initiated the sunset review of the
antidumping duty order on high and
ultra–high voltage ceramic station post
insulators from Japan. Because the
domestic interested parties did not
participate in this sunset review, the
Department is revoking this
antidumping duty order.
EFFECTIVE DATE: December 30, 2008
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood, AD/CVD
Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3874.
SUPPLEMENTARY INFORMATION:
Background
On December 30, 2003, the
Department issued an antidumping duty
order on high and ultra–high voltage
ceramic station post insulators from
Japan. See Notice of Antidumping Duty
Order: High and Ultra–High Voltage
Ceramic Station Post Insulators from
Japan, 68 FR 75211 (Dec. 30, 2003). On
November 3, 2008, the Department
initiated a sunset review of this order.
See Initiation of Five-year (‘‘Sunset’’)
Review, 73 FR 65292 (Nov. 3, 2008).
We did not receive a notice of intent
to participate from domestic interested
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
75675
parties in this sunset review by the
deadline date. As a result, in accordance
with 19 CFR 351.218(d)(1)(iii)(A), the
Department determined that no
domestic interested party intends to
participate in the sunset review, and on
November 20, 2008, we notified the
International Trade Commission, in
writing, that we intended to issue a final
determination revoking this
antidumping duty order. See 19 CFR
351.218(d)(1)(iii)(B)(2).
Scope of the Order
The scope of this order covers station
post insulators manufactured of
porcelain, of standard strength, high
strength, or extra–high strength,1 solid
core or cavity core, single unit or
stacked unit, assembled or
unassembled, and with or without
hardware attached, rated at 115
kilovolts (kV) voltage class and above
(550 kV Basic Impulse Insulation Level
and above), including, but not limited
to, those manufactured to meet the
following American National Standards
Institute, Inc. standard class
specifications: T.R.-286, T.R.-287, T.R.288, T.R.-289, T.R.-291, T.R.-295, T.R.304, T.R.-308, T.R.-312, T.R.-316, T.R.362 and T.R.-391.
Subject merchandise is classifiable
under subheading 8546.20.0060 of the
Harmonized Tariff Schedule of the
United States (HTSUS). While the
HTSUS subheading is provided for
convenience and customs purposes, the
written description above remains
dispositive as to the scope of this order.
Determination to Revoke
Pursuant to section 751(c)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.218(d)(1)(iii)(B)(3), if no
domestic interested party files a notice
of intent to participate, the Department
shall, within 90 days after the initiation
of the review, issue a final
determination revoking the order.
Because the domestic interested parties
did not file a notice of intent to
participate in this sunset review, the
Department finds that no domestic
interested party is participating in this
sunset review. Therefore, consistent
with 19 CFR 351.222(i)(1)(i) and section
751(c)(3) of the Act, we are revoking this
antidumping duty order. The effective
date of revocation is December 30, 2008,
1 Station post insulators are manufactured in
various styles and sizes, and are classified primarily
according to the voltage they are designed to
withstand. Under the governing industry standard
issued by the Institute of Electrical and Electronic
Engineers, the voltage spectrum is ivided into three
broad classes: ‘‘medium’’ voltage (i.e., less than or
equal to 69 kilovolts), ‘‘high’’ voltage (i.e., from 115
to 230 kilovolts), and ≥extra- high≥ or ‘‘ultra-high’’
voltage (i.e., greater than 230 kilovolts).
E:\FR\FM\12DEN1.SGM
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Agencies
[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75673-75675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29528]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
C-423-809
Stainless Steel Plate in Coils from Belgium: Final Results of
Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2008, the U.S. Department of Commerce (``the
Department'') published in the Federal Register its preliminary results
of the administrative review of the countervailing duty order on
stainless steel plate in coils from Belgium for the period January 1,
2006, through December 31, 2006.
On November 6, 2008, the Department issued a post-preliminary
interim analysis regarding certain additional information placed on the
record of this administrative review shortly before and after the
preliminary results were issued. The final results do not effectively
differ from the preliminary results, where we found the net subsidy
rate to be de minimis. See section below entitled ``Final Results of
Review'' for further discussion.
EFFECTIVE DATE: December 12, 2008.
FOR FURTHER INFORMATION CONTACT: Alicia Winston or David Layton, AD/CVD
Operations, Office 1, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone: (202) 482-1785 and (202) 482-0371, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 75674]]
Background
The following events have occurred since the publication of the
preliminary results of this review. See Stainless Steel Plate in Coils
from Belgium: Preliminary Results of Countervailing Duty Administrative
Review, 73 FR 32303 (June 6, 2008) (``Preliminary Results'').
On June 12, 2008, the Department extended the briefing and hearing
schedules in order to provide parties with additional time to consider
supplemental questionnaire responses received after the Preliminary
Results, as well as the Department's post-preliminary analysis.
As noted in the Preliminary Results, the Government of Belgium
(``GOB'') failed to respond to the Department's April 3, 2008,
supplemental questionnaire within the specified deadline. The GOB
submitted its response to the Department's April 3, 2008, supplemental
questionnaire, subsequent to the Preliminary Results, on July 7, 2008.
On July 22, 2008, the Department rejected this response as untimely.
However, on August 20, 2008, we informed the GOB that we would grant a
final extension for the April 3, 2008, supplemental questionnaire
response until September 2, 2008. The GOB refiled its response to the
April 3, 2008, supplemental questionnaire on August 22, 2008.
We sent an additional supplemental questionnaire to U&A on June 12,
2008, and received U&A's response on July 9, 2008. On July 22, 2008,
the Department rejected U&A's July 9, 2008, response on the grounds
that it contained untimely factual information from the GOB. The
Department requested that U&A resubmit its supplemental response
without the untimely information. On July 28, 2008, counsel for U&A met
with Departments officials to discuss this matter. U&A resubmitted its
supplemental response on August 15, 2008, and September 8, 2008.
On September 29, 2008, we extended the time limit for the final
results of this administrative review by 60 days (to December 3, 2008),
pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended
(``the Act''). See Stainless Steel Plate in Coils from Belgium:
Extension of Time Limit for the Final Results of the Eighth
Countervailing Duty Administrative Review, 73 FR 56554 (September 29,
2008).
The Department issued its post-preliminary analysis on November 6,
2008. See Memorandum to David M. Spooner from David Neubacher and
Alicia Winston: Post Preliminary Findings (November 6, 2008) (Post-
Prelim Analysis). The Department received case briefs from U&A and the
GOB on November 14, 2008. No rebuttal briefs were filed. The Department
did not conduct a hearing in this review because none was requested.
Period of Review
The period of review (``POR'') for which we are measuring subsidies
is January 1, 2006, through December 31, 2006.
Scope of the Order
The products covered by this order are imports of certain stainless
steel plate in coils.
Stainless steel is an alloy steel containing, by weight, 1.2
percent or less of carbon and 10.5 percent or more of chromium, with or
without other elements. The subject plate products are flat-rolled
products, 254 mm or over in width and 4.75 mm or more in thickness, in
coils, and annealed or otherwise heat treated and pickled or otherwise
descaled. The subject plate may also be further processed (e.g., cold-
rolled, polished, etc.) provided that it maintains the specified
dimensions of plate following such processing. Excluded from the scope
of this order are the following: (1) plate not in coils, (2) plate that
is not annealed or otherwise heat treated and pickled or otherwise
descaled, (3) sheet and strip, and (4) flat bars.
The merchandise subject to this order is currently classifiable in
the Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.05,
7219.12.00.06, 7219.12.00.20, 7219.12.00.21, 7219.12.00.25,
7219.12.00.26, 7219.12.00.50, 7219.12.00.51, 7219.12.00.55,
7219.12.00.56, 7219.12.00.65, 7219.12.00.66, 7219.12.00.70,
7219.12.00.71, 7219.12.00.80, 7219.12.00.81, 7219.31.00.10,
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15,
7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10,
7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
Department's written description of the scope of this order remains
dispositive.
This scope language reflects the March 11, 2003, amendment of the
antidumping and countervailing duty orders and suspension of
liquidation which the Department implemented in accordance with the
Court of International Trade (CIT) decision in Allegheny Ludlum v.
United States, Slip Op. 02-147 (Dec. 12, 2002). See also Notice of
Amended Antidumping Orders; Certain Stainless Steel Plate in Coils from
Belgium, Canada, Italy, the Republic of Korea, South Africa, and
Taiwan, 68 FR 11520 (March 11, 2003) and Amended CVD Order.
Period of Review
The period for which we are measuring subsidies, i.e., the period
of review (``POR''), is January 1, 2006, through December 31, 2006.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the December 3, 2008, Issues and Decision
Memorandum for the Eighth Countervailing Duty Administrative Review of
Stainless Steel Plate in Coils from Belgium (``Decision Memorandum''),
from Stephen J. Claeys, Deputy Assistant Secretary for Import
Administration, to David M. Spooner, Assistant Secretary for Import
Administration, which is hereby adopted by this notice. Attached to
this notice as an appendix is a list of the issues which an interested
party has raised and to which we have responded in the Decision
Memorandum. Parties can find a complete discussion of all issues raised
in this review and the corresponding recommendations in this public
memorandum, which is on file in the Department's Central Records Unit,
Room 1117 of the main Department building (``CRU''). In addition, a
complete version of the Decision Memorandum can be accessed directly on
the Web at https://ia.ita.doc.gov/frn/. The paper copy and
electronic version of the Decision Memorandum are identical in content.
Final Results of Review
We adjusted the subsidy rate calculation by using the revised sales
value reported by U&A. See the Decision Memorandum and see the revised
rate calculations in the Memorandum to the File, ``2006 Final Results
Calculation Memorandum for U&A,'' dated December 3, 2008. In the
Preliminary Results, we calculated a de minimis rate for U&A, and the
rate we have calculated in these final results is still de minimis even
though we have revised the sales denominator used in our calculations.
For a complete analysis of the programs found to be countervailable,
and the basis for the Department's determination, see the Decision
Memorandum.
[[Page 75675]]
We determine that the total net countervailing subsidy rate for U&A
is 0.20 percent ad valorem for the period January 1, 2006, through
December 31, 2006, which is de minimis pursuant to 19 CFR
351.106(c)(1). The calculations will be disclosed to the interested
parties in accordance with 19 CFR 351.224(b).
Assessment Rates
Because the countervailing duty rate for U&A is de minimis, we will
instruct U.S. Customs and Border Protection (``CBP'') to liquidate
entries for U&A during the period January 1, 2006, through December 31,
2006, without regard to countervailing duties in accordance with 19 CFR
351.106(c). The Department will issue appropriate instructions directly
to CBP 15 days after publication of these final results of this review.
Cash Deposits
Since the countervailable subsidy rate for U&A is zero, the
Department will instruct CBP to continue to suspend liquidation of
entries, but to collect no cash deposits of estimated countervailing
duties for U&A on all shipments of the subject merchandise that are
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this administrative review.
For all non-reviewed firms, we will instruct CBP to collect cash
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company. These rates
shall apply to all non-reviewed companies until a review of a company
assigned these rates is requested.
This notice serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
APPENDIX
List of Comments and Issues in the Decision Memorandum
Comment 1: Threshold Requirements
Comment 2: Use of Facts Otherwise Available
Comment 3: SidInvest Benefit Calculation
Comment 4: Ongoing Scope Inquiry
[FR Doc. E8-29528 Filed 12-11-08; 8:45 am]
BILLING CODE 3510-DS-S