Stainless Steel Plate in Coils From Belgium: Final Results of Countervailing Duty Administrative Review, 57627-57629 [E9-26940]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Notices TDO for an additional 180 days is necessary and in the public interest to prevent an imminent violation of the EAR. Furthermore, renewal of the Order is needed to give notice to persons and companies in the United States and abroad that they should cease dealing with the Respondents in export transactions involving items subject to the EAR. It is therefore ordered: FIRST, that, Orion Air, S.L., Canada Real de Merinas, 7 Edificio 5, 3’A, Eissenhower business center, 28042 Madrid, Spain, and Ad. de las Cortes Valencianas no 37, Esc.A Puerta 4546015 Valencia, Spain; and Syrian Pearl Airlines, Damascus International Airport, Damascus, Syria. (each a ‘‘Denied Person’’ and collectively the ‘‘Denied Persons’’) may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the Export Administration Regulations (‘‘EAR’’), or in any other activity subject to the EAR including, but not limited to: A. Applying for, obtaining, or using any license, license exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR; or C. Benefiting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR. SECOND, that no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of any Denied Person any item subject to the EAR; B. Take any action that facilitates the acquisition or attempted acquisition by any Denied Person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby any Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from any Denied Person of any item subject to the EAR that has been exported from the United States; VerDate Nov<24>2008 16:52 Nov 06, 2009 Jkt 220001 D. Obtain from any Denied Person in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by any Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by any Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. THIRD, that after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to any of the Respondents by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order. FOURTH, that this Order does not prohibit any export, reexport, or other transaction subject to the EAR where the only items involved that are subject to the EAR are the foreign-produced direct product of U.S.-origin technology. In accordance with the provisions of Section 766.24(e) of the EAR, the Respondents may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202–4022. In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. The Respondents may oppose a request to renew this Order by filing a written submission with the Assistant Secretary for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be served on the Respondents and shall be published in the Federal Register. This Order is effective upon issuance and shall remain in effect for 180 days. Entered this 2nd day of November 2009. Kevin Delli-Colli, Acting Assistant Secretary of Commerce for Export Enforcement. [FR Doc. E9–26946 Filed 11–6–09; 8:45 am] BILLING CODE 3510–DT–P PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 57627 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 4, 2009, 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 (‘‘SSPC’’) from Belgium for the period January 1, 2007, through December 31, 2007. See Stainless Steel Plate in Coils from Belgium: Preliminary Results of Countervailing Duty Administrative Review, 74 FR 26844 (June 4, 2009) (‘‘Preliminary Results’’). On September 16, 2009, the Department issued a post-preliminary analysis regarding certain additional information placed on the record of this administrative review after the Preliminary Results were issued. We provided interested parties an opportunity to comment on our Preliminary Results and our postpreliminary analysis. The final results do not differ from the Preliminary Results, where we found the net subsidy rate to be zero. DATES: Effective Date: November 9, 2009. FOR FURTHER INFORMATION CONTACT: Alexander Montoro or Mary Kolberg, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0238 and (202) 482–1785, respectively. SUPPLEMENTARY INFORMATION: Background The following events have occurred since the publication of the Preliminary Results of this review. On July 9, 2009, the Department extended the briefing and hearing schedules in order to provide parties with additional time to consider the results of the Department’s post-preliminary analysis. As noted in the Preliminary Results, the Government of Belgium (‘‘GOB’’) requested an extension to file its response to the Department’s May 4, 2009, supplemental questionnaire, which we granted. See Preliminary Results at 26844. The GOB submitted E:\FR\FM\09NON1.SGM 09NON1 57628 Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Notices that response on July 6, 2009. On September 16, 2009, the Department issued a post-preliminary analysis regarding a research and development program administered by the Institute for the Promotion of Innovation by Science and Technology in Flanders. See Memorandum to Carole A. Showers, Acting Deputy Assistant Secretary for Policy and Negotiations, from David Layton and Mary Kolberg: PostPreliminary Findings (September 18, 2008) (‘‘Post-Prelim Analysis’’). On September 25, 2009, we extended the time limit for the final results of this administrative review by 30 days (to November 2, 2009), 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 Ninth Countervailing Duty Administrative Review, 74 FR 48904 (September 25, 2009). The Department received case briefs from ArcelorMittal Stainless Belgium (‘‘AMS Belgium’’) 1 and the GOB on September 29, 2009. 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, 2007, through December 31, 2007. Scope of the Order mstockstill on DSKH9S0YB1PROD with NOTICES 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 2 or 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. 2 On May 11, 2007, the Department received a scope inquiry request from U&A Belgium regarding whether the scope of the orders on SSPC from Belgium excludes stainless steel products with an actual thickness less than 4.75 mm, regardless of its nominal thickness. The Department conducted a scope inquiry applicable to all countries subject to the SSPC antidumping and countervailing duty orders. In the Department’s scope ruling, dated December 3, 2008, the Department determined that SSPC with a nominal thickness of 4.75 mm, but with an actual thickness less than 4.75 mm, and within the dimensional tolerances for this thickness of plate, is included in the scope of the VerDate Nov<24>2008 16:52 Nov 06, 2009 Jkt 220001 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. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this review are addressed in the November 2, 2009, Issues and Decision Memorandum for the Final Results of the Ninth (2007) Administrative Review of the Countervailing Duty Order on Stainless Steel Plate in Coils from Belgium (‘‘Decision Memorandum’’), from John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting 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 interested parties have raised and to which we have responded in the Decision antidumping duty orders on SSPC from Belgium, Italy, South Africa, the Republic of Korea, and Taiwan and countervailing duty orders on SSPC from Belgium and South Africa. See Memorandum from Melissa G. Skinner to Stephen J. Claeys titled ‘‘Stainless Steel Plate in Coils from Belgium: Final Scope Ruling,’’ dated December 3, 2008. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 find that AMS Belgium, the only producer/exporter subject to this administrative review, had no countervailable subsidies during the POR. Therefore, for the period January 1, 2007, through December 31, 2007, we determine the net subsidy rate for AMS Belgium to be 0.00 percent ad valorem. Assessment Rates Because the countervailing duty rate for AMS Belgium is zero, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to liquidate shipments of SSPC by AMS Belgium 3 during the period January 1, 2007, through December 31, 2007, 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. However, pursuant to an injunction issued in ArcelorMittal Stainless Belgium N.V. v. United States, U.S. Court of International Trade Case No. 08–00434, on January 16, 2009, the Department must continue to suspend liquidation of entries made by AMS Belgium pending a conclusive court decision in that action. Cash Deposits Since the countervailable subsidy rate for AMS Belgium is zero, the Department will instruct CBP to 3 During the current review AMS Belgium has placed the following information on the record. In 2006, U&A Belgium’s parent company, Arcelor S.A., agreed to merge with Mittal Steel N.V. This merger was completed on November 13, 2007. As a result of this merger, U&A Belgium became AMS Belgium on November 13, 2007. The Department has reviewed the information provided by AMS Belgium with regard to the merger and evaluated the company and its affiliates for receipt of countervailable subsidies. In addition, we have reviewed entry data provided by CBP to confirm that U&A Belgium is the only manufacturer of subject merchandise exported from Belgium during the POR. For countervailing duty review purposes, we will consider U&A Belgium to be AMS Belgium for cash deposit purposes. Since the merger happened during the POR, we will issue assessment instructions for both U&A Belgium and AMS Belgium. E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Notices continue to suspend liquidation of entries, but to collect no cash deposits of estimated countervailing duties for AMS Belgium 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 allothers rate applicable to the company. These rates shall apply to all nonreviewed 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: November 2, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. DEPARTMENT OF COMMERCE List of Comments and Issues in the Decision Memorandum Comment 1: Error in the Department’s Draft Liquidation Instructions Comment 2: Department’s Authority to Investigate IWT Program [FR Doc. E9–26940 Filed 11–6–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1649] mstockstill on DSKH9S0YB1PROD with NOTICES Expansion of Foreign-Trade Zone 123, Denver, CO Pursuant to its authority under the Foreign-Trade Zones (FTZ) Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: Whereas, the City and County of Denver, grantee of Foreign-Trade Zone No. 123, submitted an application to the Board for authority to expand FTZ 123 16:52 Nov 06, 2009 Jkt 220001 Signed at Washington, DC, this 23rd day of October 2009. Ronald K. Lorentzen, Acting Assistant Secretary of Commerce for Import Administration, Alternate Chairman, Foreign-Trade Zones Board. Attest: Andrew McGilvray, Executive Secretary. [FR Doc. E9–26937 Filed 11–6–09; 8:45 am] BILLING CODE P APPENDIX VerDate Nov<24>2008 to include the jet fuel storage and distribution facilities at the Denver International Airport, within the Denver Customs and Border Protection port of entry (FTZ Docket 73–2008, filed 12/24/2008); Whereas, notice inviting public comment was given in the Federal Register (74 FR 2046, 1/14/2009) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and the Board’s regulations are satisfied, and that the proposal is in the public interest; Now, Therefore, the Board hereby orders: The application to expand FTZ 123 is approved, subject to the Act and the Board’s regulations, including Section 400.28. International Trade Administration [C–570–950] Wire Decking From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of wire decking from the People’s Republic of China (the PRC). For information on the estimated subsidy rates, see the ‘‘Suspension of Liquidation’’ section of this notice. EFFECTIVE DATE: November 9, 2009. FOR FURTHER INFORMATION CONTACT: Kristen Johnson or John Conniff, AD/ CVD Operations, Office 3, Operations, Import Administration, U.S. Department PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 57629 of Commerce, Room 4014, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4793 and (202) 482–1009, respectively. SUPPLEMENTARY INFORMATION: Case History On June 5, 2009, the Department received the petition filed in proper form by the petitioners.1 This investigation was initiated on June 25, 2009. See Wire Decking From the People’s Republic of China: Initiation of Countervailing Duty Investigation, 74 FR 31700 (July 2, 2009) (Initiation Notice), and accompanying Initiation Checklist.2 As explained in the Initiation Notice, the categories of the Harmonized Tariff Schedule of the United States (HTSUS) that include subject merchandise are very broad and include products other than those subject to this investigation. See 74 FR at 31704. Therefore, on June 26, 2009, the Department requested Quantity and Value (Q&V) information from the 83 companies that petitioners identified as potential producers/ exporters of wire decking in the PRC. See Q&V Questionnaire (June 26, 2009); see also Petition for the Imposition of Antidumping and Countervailing Duties on Wire Decking from the People’s Republic of China (June 5, 2009) (Petition) at Volume I, Exhibit 4, for the list of wire decking producers/ exporters.3 We received Q&V questionnaire responses from 10 producers/exporters of wire decking. On July 16, 2009, we selected two Chinese producers/exporters of wire decking as mandatory respondents: Dalian Huameilong Metal Products Co., Ltd. (DHMP) and Dalian Eastfound Metal Products Co., Ltd. (Eastfound Metal) and its affiliate Dalian Eastfound Material Handling Products Co., Ltd. (Eastfound Material) (collectively, Eastfound). See Memorandum from the Team through Melissa G. Skinner, Director, AD/CVD Operations, Office 3, to John M. Andersen, Acting Deputy Assistant Secretary for AD/CVD Operations, regarding ‘‘Respondent Selection’’ (July 16, 2009). Also on July 16, 2009, we issued the initial countervailing duty (CVD) questionnaire to the Government of the People’s Republic of China (the GOC) and the 1 Petitioners are AWP Industries, Inc., ITC Manufacturing, Inc., J&L Wire Cloth, Inc., Nashville Wire Products Mfg., Co., Inc., and Wireway Husky Corporation. 2 A public version of this and all public Departmental memoranda are on file in the Central Records Unit (CRU), room 1117 in the main building of the Commerce Department. 3 The Petition is a proprietary document for which the public version is on file in the CRU. E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Notices]
[Pages 57627-57629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26940]


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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 4, 2009, 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 (``SSPC'') from Belgium for the period 
January 1, 2007, through December 31, 2007. See Stainless Steel Plate 
in Coils from Belgium: Preliminary Results of Countervailing Duty 
Administrative Review, 74 FR 26844 (June 4, 2009) (``Preliminary 
Results'').
    On September 16, 2009, the Department issued a post-preliminary 
analysis regarding certain additional information placed on the record 
of this administrative review after the Preliminary Results were 
issued. We provided interested parties an opportunity to comment on our 
Preliminary Results and our post-preliminary analysis. The final 
results do not differ from the Preliminary Results, where we found the 
net subsidy rate to be zero.

DATES: Effective Date: November 9, 2009.

FOR FURTHER INFORMATION CONTACT: Alexander Montoro or Mary Kolberg, AD/
CVD Operations, Office 1, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-0238 and (202) 482-1785, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The following events have occurred since the publication of the 
Preliminary Results of this review. On July 9, 2009, the Department 
extended the briefing and hearing schedules in order to provide parties 
with additional time to consider the results of the Department's post-
preliminary analysis.
    As noted in the Preliminary Results, the Government of Belgium 
(``GOB'') requested an extension to file its response to the 
Department's May 4, 2009, supplemental questionnaire, which we granted. 
See Preliminary Results at 26844. The GOB submitted

[[Page 57628]]

that response on July 6, 2009. On September 16, 2009, the Department 
issued a post-preliminary analysis regarding a research and development 
program administered by the Institute for the Promotion of Innovation 
by Science and Technology in Flanders. See Memorandum to Carole A. 
Showers, Acting Deputy Assistant Secretary for Policy and Negotiations, 
from David Layton and Mary Kolberg: Post-Preliminary Findings 
(September 18, 2008) (``Post-Prelim Analysis'').
    On September 25, 2009, we extended the time limit for the final 
results of this administrative review by 30 days (to November 2, 2009), 
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 Ninth 
Countervailing Duty Administrative Review, 74 FR 48904 (September 25, 
2009).
    The Department received case briefs from ArcelorMittal Stainless 
Belgium (``AMS Belgium'') \1\ and the GOB on September 29, 2009. No 
rebuttal briefs were filed. The Department did not conduct a hearing in 
this review because none was requested.
---------------------------------------------------------------------------

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

Period of Review

    The period of review (``POR'') for which we are measuring subsidies 
is January 1, 2007, through December 31, 2007.

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 \2\ 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.
---------------------------------------------------------------------------

    \2\ On May 11, 2007, the Department received a scope inquiry 
request from U&A Belgium regarding whether the scope of the orders 
on SSPC from Belgium excludes stainless steel products with an 
actual thickness less than 4.75 mm, regardless of its nominal 
thickness. The Department conducted a scope inquiry applicable to 
all countries subject to the SSPC antidumping and countervailing 
duty orders. In the Department's scope ruling, dated December 3, 
2008, the Department determined that SSPC with a nominal thickness 
of 4.75 mm, but with an actual thickness less than 4.75 mm, and 
within the dimensional tolerances for this thickness of plate, is 
included in the scope of the antidumping duty orders on SSPC from 
Belgium, Italy, South Africa, the Republic of Korea, and Taiwan and 
countervailing duty orders on SSPC from Belgium and South Africa. 
See Memorandum from Melissa G. Skinner to Stephen J. Claeys titled 
``Stainless Steel Plate in Coils from Belgium: Final Scope Ruling,'' 
dated December 3, 2008.
---------------------------------------------------------------------------

    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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the November 2, 2009, Issues and Decision 
Memorandum for the Final Results of the Ninth (2007) Administrative 
Review of the Countervailing Duty Order on Stainless Steel Plate in 
Coils from Belgium (``Decision Memorandum''), from John M. Andersen, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Acting 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 interested 
parties have 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 find that AMS Belgium, the only producer/exporter subject to 
this administrative review, had no countervailable subsidies during the 
POR. Therefore, for the period January 1, 2007, through December 31, 
2007, we determine the net subsidy rate for AMS Belgium to be 0.00 
percent ad valorem.

Assessment Rates

    Because the countervailing duty rate for AMS Belgium is zero, we 
will instruct U.S. Customs and Border Protection (``CBP'') to liquidate 
shipments of SSPC by AMS Belgium \3\ during the period January 1, 2007, 
through December 31, 2007, 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. However, pursuant to an injunction 
issued in ArcelorMittal Stainless Belgium N.V. v. United States, U.S. 
Court of International Trade Case No. 08-00434, on January 16, 2009, 
the Department must continue to suspend liquidation of entries made by 
AMS Belgium pending a conclusive court decision in that action.
---------------------------------------------------------------------------

    \3\ During the current review AMS Belgium has placed the 
following information on the record. In 2006, U&A Belgium's parent 
company, Arcelor S.A., agreed to merge with Mittal Steel N.V. This 
merger was completed on November 13, 2007. As a result of this 
merger, U&A Belgium became AMS Belgium on November 13, 2007. The 
Department has reviewed the information provided by AMS Belgium with 
regard to the merger and evaluated the company and its affiliates 
for receipt of countervailable subsidies. In addition, we have 
reviewed entry data provided by CBP to confirm that U&A Belgium is 
the only manufacturer of subject merchandise exported from Belgium 
during the POR. For countervailing duty review purposes, we will 
consider U&A Belgium to be AMS Belgium for cash deposit purposes. 
Since the merger happened during the POR, we will issue assessment 
instructions for both U&A Belgium and AMS Belgium.
---------------------------------------------------------------------------

Cash Deposits

    Since the countervailable subsidy rate for AMS Belgium is zero, the 
Department will instruct CBP to

[[Page 57629]]

continue to suspend liquidation of entries, but to collect no cash 
deposits of estimated countervailing duties for AMS Belgium 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: November 2, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

APPENDIX

List of Comments and Issues in the Decision Memorandum

    Comment 1: Error in the Department's Draft Liquidation 
Instructions
    Comment 2: Department's Authority to Investigate IWT Program

[FR Doc. E9-26940 Filed 11-6-09; 8:45 am]
BILLING CODE 3510-DS-P
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