[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Notices]
[Pages 18066-18067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8549]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-423-806]


Certain Cut-to-Length Carbon Steel Plate from Belgium; Final 
Results of Expedited Sunset Review

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

ACTION: Notice of Final Results of Expedited Sunset Review: Certain 
Cut-to-Length Carbon Steel Plate from Belgium.

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SUMMARY: On September 1, 1999, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing duty 
order on certain cut-to-length carbon steel plate (``CTL plate'') from 
Belgium (64 FR 47767) 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 adequate response filed on behalf of domestic 
interested parties and inadequate response from respondent interested 
parties, the Department determined to conduct an expedited review. As a 
result of this review, the Department finds that revocation of the 
countervailing duty order would likely lead to continuation or 
recurrence of a countervailable subsidy at the level indicated in the 
Final Results of Review section of this notice.

EFFECTIVE DATE: April 6, 2000.

[[Page 18067]]


FOR FURTHER INFORMATION CONTACT: Darla D. Brown, Office of Policy for 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-3207.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department's 
regulations are to 19 CFR part 351 (1999) in general. Guidance on 
methodological or analytical issues relevant to the Department's 
conduct of sunset reviews is set forth in the Department's Policy 
Bulletin 98:3--Policies Regarding the Conduct of Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 
63 FR 18871 (April 16, 1998) (``Sunset Policy Bulletin'').

Background

    On September 1, 1999, the Department initiated a sunset review of 
the countervailing duty order on CTL plate from Belgium (64 FR 47767), 
pursuant to section 751(c) of the Act. On the basis of a notice of 
intent to participate and adequate substantive response filed on behalf 
of domestic interested parties and inadequate response from respondent 
interested parties, we determined to conduct an expedited review. The 
Department has conducted this sunset review in accordance with sections 
751(c) and 752 of the Act.

Scope

    The products covered by this order are certain cut-to-length carbon 
steel plate. These products include hot-rolled carbon steel universal 
mill plates (i.e., flat-rolled products rolled on four faces or in a 
closed box pass, of a width exceeding 150 millimeters but not exceeding 
1,250 millimeters and of a thickness of not less than 4 millimeters, 
not in coils and without patterns in relief), of rectangular shape, 
neither clad, plated nor coated with metal, whether or not painted, 
varnished, or coated with plastics or other nonmetallic substances; and 
certain hot-rolled carbon steel flat-rolled products in straight 
lengths, of rectangular shape, hot rolled, neither clad, plated, nor 
coated with metal, whether or not painted, varnished, or coated with 
plastics or other nonmetallic substances, 4.75 millimeters or more in 
thickness and of a width which exceeds 150 millimeters and measures at 
least twice the thickness, as currently classifiable in the Harmonized 
Tariff Schedule (``HTS'') under subheadings 7208.31.0000, 7208.32.0000, 
7208.33.1000, 7208.33.5000, 7208.41.0000, 7208.42.0000, 7208.43.0000, 
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.11.0000, 7211.12.0000, 
7211.21.0000, 7211.22.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
and 7212.50.0000. Included in this review are flat-rolled products of 
non-rectangular cross-section where such 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. Excluded from this order is grade X-70 
plate. The HTS subheadings are provided for convenience and customs 
purposes only. The written description of the scope remains 
dispositive.

Analysis of Substantive Response

    All issues raised in the substantive responses and rebuttals by 
parties to this sunset review are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memo'') from Jeffrey A. May, 
Director, Office of Policy, Import Administration, to Robert S. 
LaRussa, Assistant Secretary for Import Administration, dated March 29, 
2000, which is hereby adopted by this notice. The issues discussed in 
the attached Decision Memo include the likelihood of continuation or 
recurrence of a countervailable subsidy and the net subsidy rate likely 
to prevail were the order revoked. 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 room B-
099 of the main Commerce building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ita.doc.gov/import__admin/records/
frn/. The paper copy and electronic version of the Decision Memo are 
identical in content.

Final Results of Review

    We determine that revocation of the countervailing duty order on 
CTL plate from Belgium would be likely to lead to continuation or 
recurrence of a countervailable subsidy. The net countervailable 
subsidy is 23.15 percent ad valorem for Cockerill, 1.05 percent ad 
valorem for Fafer, and 5.92 percent ad valorem for ``all others.''
    Although the programs included in our calculation of the net 
countervailable subsidy likely to prevail if the orders were revoked do 
not fall within the definition of an export subsidy under Article 
3.1(a) of the Subsidies Agreement, they may be subsidies described in 
Article 6, if the net countervailable subsidy exceeds 5 percent, as 
measured in accordance with Annex IV of the Subsidies Agreement. The 
Department, however, has no information with which to make such a 
calculation, nor do we believe it appropriate to attempt such a 
calculation in the course of a sunset review.\1\ Rather, we are 
providing the Commission the program descriptions contained in the 
Decision Memo.
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    \1\ Moreover, we note that as of January 1, 2000, Article 6.1 
has ceased to apply (see Article 31 of the Subsidies Agreement).
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    This notice serves as the only 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 of the Department's regulations. 
Timely notification of 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 five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: March 29, 2000.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-8549 Filed 4-5-00; 8:45 am]
BILLING CODE 3510-DS-P