[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Notices]
[Pages 45511-45513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19305]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-808]
Stainless Steel Plate in Coils From Belgium: Notice of Initiation
of Antidumping Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 45512]]
SUMMARY: Pursuant to section 751(b) of the Tariff Act of 1930, as
amended (``the Act''), and 19 CFR 351.216 and 351.221(c)(3), the
Department of Commerce (the ``Department'') is initiating a changed
circumstances review of the antidumping duty order on stainless steel
plate in coils (``SSPC'') from Belgium with respect to Aperam Stainless
Belgium N.V. (``Aperam'').
DATES: Effective Date: July 29, 2011.
FOR FURTHER INFORMATION CONTACT: George McMahon or Stephanie Moore, AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230; telephone: (202) 482-1167 and (202)
482-3692, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 1999, the Department published in the Federal Register
an antidumping duty order on stainless steel plate in coils from
Belgium; this order was amended in 2003.\1\ On June 28, 2011, the
Department initiated an administrative review of Aperam Stainless
Belgium N.V. (``Aperam''), covering the period of review (``POR''), May
1, 2010, through April 30, 2011. Aperam's request for review stated
that Aperam was formerly known as ArcelorMittal Stainless Belgium N.V.
(``AMSB''). See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part 76 FR 37781
(June 28, 2011).\2\
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\1\ See Antidumping Duty Orders; Certain Stainless Steel Plate
in Coils From Belgium, Canada, Italy, the Republic of Korea, South
Africa, and Taiwan, 64 FR 27756 (May 21, 1999); Notice of Amended
Antidumping Duty 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); Notice of Amended Antidumping
Duty Orders; Certain Stainless Steel Plate in Coils From Belgium,
Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 68
FR 16117 (April 2, 2003); Notice of Correction to the Amended
Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From
Belgium, Canada, Italy, the Republic of Korea, South Africa, and
Taiwan, 68 FR 20114 (April 24, 2003) (``Antidumping Order'').
\2\ On August 16, 2010, the Court of International Trade
(``CIT'') issued an Order modifying a preliminary injunction in
effect for entries of subject merchandise under the Antidumping
Order. See Order Granting Plaintiff's Motion to Modify the
Preliminary Injunction Order, ArcelorMittal Stainless Belgium N.V. v
United States, No. 08-434 (CIT August 16, 2010). In this Order, the
CIT modified its January 16, 2009, Order granting Plaintiff's Motion
for Preliminary Injunction, and enjoined liquidation of any
unliquidated entries of SSPC from Belgium which contain merchandise
that (i) Is 4.75 mm or more in nominal thickness, but which has an
actual thickness of less than 4.75 mm, and within the dimensional
tolerances specified under ASTM standard A480/480M, (ii) was
produced and exported by Ugine & ALZ Belgium N.V., any of its
predecessors-in-interest, as determined by the Department, and/or
any of its successors-in-interest, as determined by the Department,
and (iii) is otherwise subject to the antidumping duty order and
countervailing duty order on certain SSPC from Belgium. See 64 FR
27756 (May 21, 1999) and 64 FR 25288 (May 11, 1999), respectively.
Because AMSB is the successor-in-interest to Ugine & ALZ Belgium
N.V., the modified preliminary injunction may enjoin certain entries
subject to this review.
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With respect to AMSB, the Department determined in a prior
administrative review covering the POR of May 1, 2007, to April 30,
2008, that AMSB was the successor-in-interest to Ugine & ALZ Belgium,
after the merger of Arcelor S.A. with Mittal Steel, N.V.\3\ Aperam is
the only respondent in the current administrative review.
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\3\ See Memorandum from G. McMahon to J. Terpstra, titled
``Successor-in-Interest Analysis for AMS Belgium,'' dated June 1,
2009; see also Stainless Steel Plate in Coils from Belgium:
Preliminary Results of Antidumping Duty Administrative Review, 74 FR
27097 (June 8, 2009).
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On June 14, 2011, Aperam requested that the Department initiate and
conduct an expedited changed circumstances review to determine that,
for purposes of the antidumping law, Aperam is the successor-in-
interest to AMSB. See June 14, 2011, letter from Aperam to the
Department.
Scope of the Order
The product covered by this order is 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, 7219.12.00.06,
7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56,
7219.12.00.66, 7219.12.00.71, 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
written description of the merchandise subject to these orders is
dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the
Department will conduct a changed circumstances review upon receipt of
information concerning, or a request from an interested party for a
review of, an antidumping duty order which shows changed circumstances
sufficient to warrant a review of the order. In antidumping duty
changed circumstances reviews involving a successor-in-interest
determination, the Department typically examines several factors
including, but not limited to: (1) Management; (2) production
facilities; (3) supplier relationships; and (4) customer base. See
Brass Sheet and Strip from Canada: Final Results of Antidumping Duty
Administrative Review, 57 FR 20460, 20462 (May 13, 1992) and Certain
Cut-to-Length Carbon Steel Plate from Romania: Initiation and
Preliminary Results of Changed Circumstances Antidumping Duty
Administrative Review, 70 FR 22847 (May 3, 2005) (Plate from Romania),
unchanged in Notice of Final Results of Antidumping Duty Changed
Circumstances Review: Certain Cut-to-Length Carbon Steel Plate from
Romania 70 FR 35624 (June 21, 2005).
Aperam requested that the Department conduct an expedited changed
circumstances review; however, the Department requires additional
information before issuing preliminary results for this review. For
example, Aperam provided statements regarding its material and service
providers and its customer base, but did not include lists that would
allow the Department to compare such information before and after the
reported spin-off and name change. As a result, the Department intends
to obtain such information prior to issuing preliminary results in this
changed circumstances review.
Based on the information Aperam submitted in its June 14, 2011,
letter, we find that we have received information which shows changed
circumstances sufficient to warrant initiation of such a
[[Page 45513]]
review in order to determine whether Aperam is the successor-in-
interest to AMSB. See 19 CFR 351.216(d). Therefore, in accordance with
the above-referenced statute and regulation, the Department is
initiating a changed circumstances review.
We intend to issue the preliminary results of the changed
circumstances review within 90 days from the issuance of the instant
initiation notice. We intend to issue the final results of the changed
circumstances review within 270 days from the date of initiation of
this changed circumstance review, or within 45 days if all parties to
the proceeding agree to the outcome of the review. See 19 CFR
351.216(e). During the course of this review, we will not change the
cash deposit requirements for the subject merchandise. The cash deposit
rate will be altered, if warranted, pursuant only to the final results
of the changed circumstances review.
This notice of initiation is in accordance with section 751(b)(1)
of the Act and 19 CFR 351.221(b)(1).
Dated: July 22, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-19305 Filed 7-28-11; 8:45 am]
BILLING CODE 3510-DS-P