[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25666-25668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11002]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-423-809]
Stainless Steel Plate in Coils from Belgium: Final Results of
Full Sunset Review and Revocation of the Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 2, 2010, the Department of Commerce (``the
Department'') initiated the second sunset review of the countervailing
duty (``CVD'') order on certain stainless steel plate in coils from
Belgium (``SSPC'' or ``subject merchandise'') pursuant to section
751(c) of the Tariff Act of 1930, as amended (``the Act''). On the
basis of a notice of intent to participate and an adequate substantive
response filed on behalf of the domestic interested parties and
adequate substantive responses from ArcelorMittal Stainless Belgium
N.V. (``AMS'') and the Government of Belgium (``GOB''), the Department
determined to conduct a full sunset review of the CVD order pursuant to
section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of our
analysis, the Department finds that revocation of the CVD order would
not likely lead to continuation or recurrence of a countervailable
subsidy. Therefore, the Department is revoking this CVD order.
DATES: Effective Date: May 5, 2011.
FOR FURTHER INFORMATION CONTACT: Patricia Tran or Jennifer Meek, AD/CVD
Operations, Office 1, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-1503 or (202) 482-2778.
SUPPLEMENTARY INFORMATION:
Background
On June 2, 2010, the Department initiated the second sunset review
of the CVD order on SSPC from Belgium in accordance with section 751(c)
of the Act. See Initiation of Five-Year (``Sunset'') Review, 75 FR
30777 (June 2, 2010).
[[Page 25667]]
Within the deadline specified in 19 CFR 351.218(d)(1)(i), the
Department received notices of intent to participate on behalf of
Allegheny Ludlum Corporation and the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union (collectively, ``Petitioners''). The submitters
claimed interested party status under sections 771(9)(C) and (D) of the
Act, as a manufacturer of a domestic like product and as a certified
union representing workers in the domestic industry producing certain
SSPC, respectively. The Department received a substantive response from
Petitioners within the deadline specified in 19 CFR 351.218(d)(3)(i).
The Department also received substantive responses in a timely manner
from the following respondent interested parties: AMS and the GOB.
Timely rebuttal comments were received from Petitioners, AMS and the
GOB on July 9, 2010. On July 22, 2010, after analyzing the submissions
and rebuttals from interested parties and finding the substantive
responses adequate, the Department determined to conduct a full sunset
review. See Memorandum from Yasmin Nair, International Trade Compliance
Analyst, to Susan H. Kuhbach, Director, AD/CVD Operations, Office 1,
entitled ``Adequacy Determination in Countervailing Duty Sunset Review
of Certain Stainless Steel Plate in Coils from Belgium,'' dated July
22, 2010.
On December 27, 2010, the Department issued the preliminary results
of the full sunset review, finding a likelihood of continuation or
recurrence of subsidization with a net countervailable subsidy likely
to prevail of zero percent for AMS and all other companies. See
Stainless Steel Plate in Coils From Belgium: Preliminary Results of
Full Sunset Review, 75 FR 81217, 81218 (December 27, 2010)
(``Preliminary Results'').
Interested parties were invited to comment on our Preliminary
Results. The Department received case briefs from Petitioners, the GOB,
and AMS within the deadline specified in 19 CFR 351.309(c)(1)(i). On
February 16, 2011, the Department returned the case briefs submitted by
the GOB and AMS, requesting the briefs to be resubmitted with the
removal of certain references to information not on the record of this
sunset review. Although both objected to the Department's decision, the
GOB and AMS submitted revised versions of their case briefs on February
18, 2011. Timely rebuttal briefs were submitted by Petitioners, the
GOB, and AMS.
A public hearing was requested by AMS and was held on Tuesday,
March 8, 2011, in accordance with 19 CFR 351.310(c).
On April 7, 2011, the European Union submitted a letter in support
of the arguments made by the GOB and AMS.
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 \1\ 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.
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\1\ On May 11, 2007, the Department received a scope inquiry
request from U&A Belgium regarding whether the scope of the
antidumping (``AD'') and CVD orders on SSPC from Belgium excludes
stainless steel products with an actual thickness less than 4.75mm,
regardless of its nominal thickness. The Department conducted a
scope inquiry applicable to all countries subject to the SSPC AD and
CVD orders. In the Department's scope ruling, dated December 3,
2008, the Department determined that SSPC with a nominal thickness
of 4.75mm, but with an actual thickness less than 4.75mm, and within
the dimensional tolerances for this thickness of plate, is included
in the scope of the AD orders on SSPC from Belgium, Italy, South
Africa, the Republic of Korea, and Taiwan and CVD orders on SSPC
from Belgium and South Africa. See Memorandum from Melissa G.
Skinner to Stephen J. Claeys, entitled ``Stainless Steel Plate in
Coils from Belgium: Final Scope Ruling,'' ' dated December 3, 2008.
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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.
Analysis of the Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum (``Decision Memorandum'') from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Acting Deputy Assistant Secretary for
Import Administration, dated concurrently with this notice, which is
hereby adopted by this notice. Parties can find this public memorandum
in the Central Records Unit, Room 7046 of the main Commerce building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper
copy and electronic version of the Decision Memorandum are identical in
content.
Changes From the Preliminary Results
As a result of the Department's analysis of received comments, we
have made certain changes from the Preliminary Results. The Department
finds that three programs which gave rise to net countervailable
subsidies and which were determined not to be terminated in the
Preliminary Results--Societ[eacute] Nationale de Credite[agrave]
L'Industrie Loans, 1985 Conversion of Sidmar N.V.'s Debt to Equity, and
SidInvest--are in fact terminated and that benefit streams from those
programs are fully allocated. See Decision Memorandum at Comment 1.
Because the Department concludes that all programs previously found
countervailable have been terminated and that benefit streams from
those programs are fully allocated, we determine that revocation of the
CVD order on SSPC from Belgium will not likely lead to continuation or
recurrence of a countervailable subsidy. See id.
Final Results of Review
The Department determines that revocation of the CVD order will not
likely lead to continuation or recurrence of a countervailable subsidy.
As a result, and in accordance with 19 CFR 351.222(i)(2), we are
revoking this order effective July 18, 2010, the fifth anniversary of
the date of publication in the Federal Register of the most recent
notice of continuation of this order. See Continuation of Antidumping
Duty
[[Page 25668]]
Orders on Certain Stainless Steel Plate in Coils From Belgium, Italy,
South Korea, South Africa, and Taiwan, and the Countervailing Duty
Orders on Certain Stainless Steel Plate in Coils From Belgium, Italy,
and South Africa, 70 FR 41202 (July 18, 2005). We will notify the
International Trade Commission of these results.
Effective Date of Revocation
Pursuant to section 19 CFR 351.222(i)(2), the Department will
instruct U.S. Customs and Border Protection to terminate the suspension
of liquidation of the merchandise subject to this order entered, or
withdrawn from warehouse, on or after July 18, 2010. Entries of subject
merchandise prior to the effective date of revocation will continue to
be subject to suspension of liquidation and CVD deposit requirements.
The Department will complete any pending administrative reviews of this
order and will conduct administrative reviews of subject merchandise
entered prior to the effective date of revocation in response to
appropriately filed requests for review.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders 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 the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: April 28, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-11002 Filed 5-4-11; 8:45 am]
BILLING CODE 3510-DS-P