[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Notices]
[Page 31588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13574]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-423-809]
Stainless Steel Plate in Coils From Belgium: Rescission of
Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 1, 2011.
FOR FURTHER INFORMATION CONTACT: Patricia Tran or Mary Kolberg, at
(202) 482-1503 or (202) 482-1785, respectively; AD/CVD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230.
Background
On May 3, 2010, the Department of Commerce (``the Department'')
published a notice announcing the opportunity to request an
administrative review of the countervailing duty (``CVD'') order on
stainless steel plate in coils from Belgium. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity To Request Administrative Review, 75 FR 23236 (May 3,
2010). On May 28, 2010, we received a request for revocation of this
order from the Government of Belgium (``GOB'') via administrative
review. The request was filed in accordance with 19 CFR 351.222(e)(2).
In accordance with 19 CFR 351.221(c)(1)(i), the Department published a
notice initiating an administrative review of the CVD order on
stainless steel plate in coils from Belgium covering the period January
1, 2009, through December 31, 2009. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Requests for Revocation
in Part, 75 FR 37759 (June 30, 2010).
Rescission of Review
Pursuant to 19 CFR 351.213(d)(l), the Secretary will rescind an
administrative review, in whole or in part, if the 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. On May
2, 2011, the GOB withdrew its request for the 2009 administrative
review and for revocation of the CVD order on stainless steel plate in
coils from Belgium, past the 90-day deadline. Pursuant to 19 CFR
351.213(d)(1), the Secretary may extend the 90-day time limit if it is
reasonable to do so.
The Department determines it is reasonable to extend the 90-day
deadline in this case. On May 5, 2011, the Department revoked this
order effective July 18, 2010, in the second five-year (sunset) review
of this order.\1\ We revoked the order because we found all subsidy
programs had been terminated and, thus, there was no likelihood of
continuation or recurrence of countervailable subsidies. Although an
administrative review of the 2009 period could be conducted for
assessment purposes, a revocation proceeding is not warranted because
any revocation of the order as the result of such a proceeding would
occur with the publication of the final results, which would be after
the July 18, 2010, effective date of the revocation pursuant to the
sunset review.\2\ In addition, as noted above, the GOB was the only
party to request this review and included a request for revocation.
Therefore, because the GOB sought revocation as part of its
administrative review request, the order has already been revoked, and
the Department has not dedicated extensive resources to this review,
the Department finds that it is reasonable to rescind this
administrative review even though the request was received after the
90-day period for withdrawals.
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\1\ See Stainless Steel Plate in Coils from Belgium: Final
Results of Full Sunset Review and Revocation of the Countervailing
Duty Order, 76 FR 25666 (May 5, 2011).
\2\ The Department revoked this order effective July 18, 2010 as
this was the fifth anniversary of the date of publication in the
Federal Register of the most recent notice of continuation of this
order in the first sunset review. See id.
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Assessment
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess countervailing duties at the cash deposit rate in
effect on the date of entry, for entries during the period January 1,
2009, through December 31, 2009. The Department intends to issue
appropriate assessment instructions to CBP 15 days after the date of
publication of this notice of rescission of administrative review. In
addition, pursuant to an injunction issued in ArcelorMittal Stainless
Belgium N.V. v. United States, CIT No. 08-00434, on January 16, 2009,
modified on August 16, 2010, the Department must continue to suspend
liquidation of certain entries pending a conclusive court decision in
that action.
Notification Regarding Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protection 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 the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with
sections 751(a)(l) and 777(i)(l) of the Tariff Act of 1930, as amended,
and 19 CFR 351.213(d)(4).
Dated: May 25, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-13574 Filed 5-31-11; 8:45 am]
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