Certain Cut-to-Length Carbon-Quality Steel Plate from the Republic of Korea: Notice of Rescission of Countervailing Duty Administrative Review, 26843-26844 [E9-13070]

Download as PDF Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices Dated: May 29, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–13067 Filed 6–3–09; 8:45 am] 351.213(d)(1), on May 12, 2009, DSM withdrew its request for a review. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–837] Certain Cut–to-Length Carbon–Quality Steel Plate from the Republic of Korea: Notice of Rescission of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 4, 2009. FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–8362. SUPPLEMENTARY INFORMATION: Background: On February 4, 2009, the Department of Commerce (the Department) published a notice of opportunity to request an administrative review of the countervailing duty order on certain cut-to-length carbon-quality steel plate from Korea. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 74 FR 6013 (February 4, 2009). On February 27, 2009, Dongkuk Steel Mill Co., Ltd. (DSM) (respondent) requested that the Department conduct an administrative review of the countervailing duty order on certain cut-to-length carbon-quality steel plate from Korea with respect to DSM for the period of January 1, 2008, through December 31, 2008, and revoke the above-referenced countervailing duty order with respect to DSM based on the absence of subsidies for at least five consecutive years. Pursuant to this request, the Department published a notice of the initiation of the administrative review of the countervailing duty order on certain cut-to-length carbon-quality steel plate from Korea with respect to the sole respondent, DSM. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part. 74 FR 12310 (March 24, 2009). Pursuant to section 19 CFR VerDate Nov<24>2008 15:16 Jun 03, 2009 Jkt 217001 Scope of Order The products covered by this order are certain hot-rolled carbon–quality steel: (1) universal mill plates (i.e., flatrolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or actual thickness of not less than 4 mm, which are cut-to-length (not in coils) and without patterns in relief), of iron or non-alloy-quality steel; and (2) flatrolled products, hot-rolled, of a nominal or actual thickness of 4.75 mm or more and of a width which exceeds 150 mm and measures at least twice the thickness, and which are cut-to-length (not in coils). Steel products to be included in the scope of the order are of rectangular, square, circular or other shape and of rectangular or nonrectangular cross-section where such non-rectangular 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. Steel products that meet the noted physical characteristics that are painted, varnished or coated with plastic or other non-metallic substances are included within this scope. Also, specifically included in the scope of the order are high strength, low alloy (HSLA) steels. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Steel products to be included in this scope, regardless of Harmonized Tariff Schedule of the United States (HTSUS) definitions, are products in which: (1) iron predominates, by weight, over each of the other contained elements; (2) the carbon content is two percent or less, by weight; and (3) none of the elements listed below is equal to or exceeds the quantity, by weight, respectively indicated: 1.80 percent of manganese, or 1.50 percent of silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent zirconium. All products that meet the written physical description, and in which the chemistry quantities do not equal or exceed any one of the levels listed above, are within the scope of this order unless otherwise specifically excluded. The following PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 26843 products are specifically excluded from the order: (1) products clad, plated, or coated with metal, whether or not painted, varnished or coated with plastic or other non-metallic substances; (2) SAE grades (formerly AISI grades) of series 2300 and above; (3) products made to ASTM A710 and A736 or their proprietary equivalents; (4) abrasionresistant steels (i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball bearing steels; (7) tool steels; and (8) silicon manganese steel or silicon electric steel. The merchandise subject to the order is currently classifiable under the HTSUS under subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 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, 7212.50.0000, 7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, 7226.99.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise covered by the order is dispositive. Rescission of Review If a party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review, the Secretary will rescind the review, in whole or in part, pursuant to 19 CFR 351.213(d)(1). In this case, DSM withdrew its request for an administrative review within 90 days from the date of initiation. No other interested party requested a review of DSM. Therefore, consistent with 19 CFR 351.213(d)(1), and because DSM is the sole respondent in this review, we are rescinding this review of the countervailing duty order on certain cut-to-length carbon-quality steel plate from Korea. Assessment The Department intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the publication of this notice. The Department will direct CBP to assess countervailing duties at the cash deposit rate in effect on the date of entry for entries during the period January 1, 2008, through December 31, 2008. E:\FR\FM\04JNN1.SGM 04JNN1 26844 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices Notification to Interested Parties This notice also 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 and as explained in the APO. Timely written notification of the return/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. This notice is in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended and 19 CFR 251.213(d)(4). Dated: May 29, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–13070 Filed 6–3–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–423–809] Stainless Steel Plate in Coils from Belgium: Preliminary Results of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce is conducting an administrative review of the countervailing duty order on stainless steel plate in coils from Belgium for the period January 1, 2007, through December 31, 2007. We preliminarily find that ArcelorMittal Stainless Belgium N.V. (‘‘AMS Belgium’’) did not receive any countervailable subsidies in this review and its rate is, consequently, zero. Interested parties are invited to comment on these preliminary results. EFFECTIVE DATE: June 4, 2009. FOR FURTHER INFORMATION CONTACT: David Layton or Alexander Montoro, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0371 and (202) 482–0238, respectively. SUPPLEMENTARY INFORMATION: Background On May 11, 1999, the Department of Commerce (‘‘the Department’’) VerDate Nov<24>2008 17:30 Jun 03, 2009 Jkt 217001 published a countervailing duty order (‘‘CVD’’) on stainless steel plate in coils (‘‘SSPC’’) from Belgium. See Notice of Amended Final Determinations: Stainless Steel Plate in Coils from Belgium and South Africa; and Notice of Countervailing Duty Orders: Stainless Steel Plate in Coils from Belgium, Italy and South Africa, 64 FR 25288 (May 11, 1999) (‘‘CVD Order’’). On March 11, 2003, as a result of litigation, the Department published an amended CVD order on stainless steel plate in coils from Belgium. See Notice of Amended Countervailing Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Italy, and South Africa, 68 FR 11524 (March 11, 2003). On May 5, 2008, the Department published a notice of ‘‘Opportunity to Request Administrative Review’’ for this CVD order. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 73 FR 24532 (May 5, 2008). On June 2, 2008, we received a request for review from Ugine & ALZ Belgium (‘‘U&A Belgium’’), a Belgian producer of SSPC.1 In accordance with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of the review on July 1, 2008, covering the period January 1, 2007 through December 31, 2007. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 73 FR 37409 (July 1, 2008). On August 18, 2008, we issued CVD questionnaires to the Government of Belgium (‘‘GOB’’), the Commission of the European Union (‘‘EC’’), and U&A Belgium. We received responses to these questionnaires on October 15, 2008, from the EC and on October 22, 2008, from the GOB and AMS Belgium (formerly U&A Belgium). On January 28, 2009, we issued supplemental questionnaires to the GOB and AMS Belgium. We received responses for the supplemental questionnaires from both the GOB and AMS Belgium on March 4, 2009. On April 16, 2009, we issued a second supplemental questionnaire to AMS Belgium, and we received its response on April 22, 2009. On May 4, 2009, we issued a second supplemental questionnaire to the GOB. On May 8, 2009, the GOB requested an extension to 1 The review was originally requested by U&A Belgium. The company previously known as U&A Belgium stated in questionnaire responses that its name changed to ArcelorMittal Stainless Belgium (‘‘AMS Belgium’’) during the period of review (‘‘POR’’) pursuant to the merger of Mittal Steel NV with Arcelor S.A. completed on November 11, 2007. See AMS Belgium Questionnaire Response dated October 22, 2008 (‘‘AMS QR’’) at page 1, footnote 1, and page 4, footnote 2. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 file its supplemental response, which we granted. See Memorandum from Susan Kuhbach to file, entitled ‘‘SSPC from Belgium – Meeting with GOB,’’ May 20, 2009. On January 28, 2009, we extended the time limit for the preliminary results in this review until June 1, 2009. See Stainless Steel Plate in Coils From Belgium: Extension of Time Limit for Preliminary Results of the Countervailing Duty Administrative Review, 74 FR 4940 (January 28, 2009). Scope of the Order The products covered by the 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 the 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 the 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 the order remains dispositive. Period of Review The period for which we are measuring subsidies, i.e., the POR, is E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Notices]
[Pages 26843-26844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13070]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-837]


Certain Cut-to-Length Carbon-Quality Steel Plate from the 
Republic of Korea: Notice of Rescission of Countervailing Duty 
Administrative Review

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

EFFECTIVE DATE: June 4, 2009.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-8362.

SUPPLEMENTARY INFORMATION: Background: On February 4, 2009, the 
Department of Commerce (the Department) published a notice of 
opportunity to request an administrative review of the countervailing 
duty order on certain cut-to-length carbon-quality steel plate from 
Korea. See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative Review, 
74 FR 6013 (February 4, 2009). On February 27, 2009, Dongkuk Steel Mill 
Co., Ltd. (DSM) (respondent) requested that the Department conduct an 
administrative review of the countervailing duty order on certain cut-
to-length carbon-quality steel plate from Korea with respect to DSM for 
the period of January 1, 2008, through December 31, 2008, and revoke 
the above-referenced countervailing duty order with respect to DSM 
based on the absence of subsidies for at least five consecutive years. 
Pursuant to this request, the Department published a notice of the 
initiation of the administrative review of the countervailing duty 
order on certain cut-to-length carbon-quality steel plate from Korea 
with respect to the sole respondent, DSM. See Initiation of Antidumping 
and Countervailing Duty Administrative Reviews and Request for 
Revocation in Part. 74 FR 12310 (March 24, 2009). Pursuant to section 
19 CFR 351.213(d)(1), on May 12, 2009, DSM withdrew its request for a 
review.

Scope of Order

    The products covered by this order are certain hot-rolled carbon-
quality steel: (1) universal mill plates (i.e., flat-rolled products 
rolled on four faces or in a closed box pass, of a width exceeding 150 
mm but not exceeding 1250 mm, and of a nominal or actual thickness of 
not less than 4 mm, which are cut-to-length (not in coils) and without 
patterns in relief), of iron or non-alloy-quality steel; and (2) flat-
rolled products, hot-rolled, of a nominal or actual thickness of 4.75 
mm or more and of a width which exceeds 150 mm and measures at least 
twice the thickness, and which are cut-to-length (not in coils). Steel 
products to be included in the scope of the order are of rectangular, 
square, circular or other shape and of rectangular or non-rectangular 
cross-section where such non-rectangular 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. Steel products that meet the noted 
physical characteristics that are painted, varnished or coated with 
plastic or other non-metallic substances are included within this 
scope. Also, specifically included in the scope of the order are high 
strength, low alloy (HSLA) steels. HSLA steels are recognized as steels 
with micro-alloying levels of elements such as chromium, copper, 
niobium, titanium, vanadium, and molybdenum. Steel products to be 
included in this scope, regardless of Harmonized Tariff Schedule of the 
United States (HTSUS) definitions, are products in which: (1) iron 
predominates, by weight, over each of the other contained elements; (2) 
the carbon content is two percent or less, by weight; and (3) none of 
the elements listed below is equal to or exceeds the quantity, by 
weight, respectively indicated: 1.80 percent of manganese, or 1.50 
percent of silicon, or 1.00 percent of copper, or 0.50 percent of 
aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 
0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of 
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent 
zirconium. All products that meet the written physical description, and 
in which the chemistry quantities do not equal or exceed any one of the 
levels listed above, are within the scope of this order unless 
otherwise specifically excluded. The following products are 
specifically excluded from the order: (1) products clad, plated, or 
coated with metal, whether or not painted, varnished or coated with 
plastic or other non-metallic substances; (2) SAE grades (formerly AISI 
grades) of series 2300 and above; (3) products made to ASTM A710 and 
A736 or their proprietary equivalents; (4) abrasion-resistant steels 
(i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225, 
A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball 
bearing steels; (7) tool steels; and (8) silicon manganese steel or 
silicon electric steel.
    The merchandise subject to the order is currently classifiable 
under the HTSUS under subheadings: 7208.40.3030, 7208.40.3060, 
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 
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, 7212.50.0000, 
7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 
7226.91.7000, 7226.91.8000, 7226.99.0000.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise covered by 
the order is dispositive.

Rescission of Review

    If a party that requested a review withdraws the request within 90 
days of the date of publication of the notice of initiation of the 
requested review, the Secretary will rescind the review, in whole or in 
part, pursuant to 19 CFR 351.213(d)(1). In this case, DSM withdrew its 
request for an administrative review within 90 days from the date of 
initiation. No other interested party requested a review of DSM. 
Therefore, consistent with 19 CFR 351.213(d)(1), and because DSM is the 
sole respondent in this review, we are rescinding this review of the 
countervailing duty order on certain cut-to-length carbon-quality steel 
plate from Korea.

Assessment

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the publication of 
this notice. The Department will direct CBP to assess countervailing 
duties at the cash deposit rate in effect on the date of entry for 
entries during the period January 1, 2008, through December 31, 2008.

[[Page 26844]]

Notification to Interested Parties

    This notice also 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 and as explained in the APO. 
Timely written notification of the return/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.
    This notice is in accordance with section 777(i)(1) of the Tariff 
Act of 1930, as amended and 19 CFR 251.213(d)(4).

    Dated: May 29, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-13070 Filed 6-3-09; 8:45 am]
BILLING CODE 3510-DS-S