[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Notices]
[Pages 62106-62107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24787]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-357-817]


Final Negative Countervailing Duty Determination: Certain Cold-
Rolled Carbon Steel Flat Products From Argentina

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

ACTION: Notice of final negative determination in a countervailing duty 
investigation.

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SUMMARY: The Department of Commerce (``the Department'') has made a 
final determination that countervailable subsidies are not being 
provided to producers and exporters of certain cold-rolled carbon steel 
flat products from Argentina.

EFFECTIVE DATE: October 3, 2002.

FOR FURTHER INFORMATION CONTACT: Suresh Maniam, Andrew McAllister, or 
Jesse Cortes at (202) 482-0176, (202) 482-1174, or (202) 482-3986, 
respectively; Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the ``Act'') by 
the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department of Commerce's (the 
``Department'') regulations are references to the provisions codified 
at 19 CFR part 351 (April 2001).

Petitioners

    The petition in this investigation was filed by Bethlehem Steel 
Corp., United States Steel LLC., LTV Steel Co., Inc., Steel Dynamics, 
Inc., National Steel Corp., Nucor Corp., WCI Steel, Inc., and Weirton 
Steel Corp. (collectively, ``the petitioners'').

Case History

    Since the publication of the preliminary determination in the 
Federal Register (see Notice of Preliminary Negative Countervailing 
Duty Determination and Alignment of Final Countervailing Duty 
Determination With Final Antidumping Duty Determinations: Certain Cold-
Rolled Carbon Steel Flat Products from Argentina, 67 FR 9670 (March 4, 
2002) (``Preliminary Determination'')), the following events have 
occurred:
    From March 18, 2002 to March 23, 2002, we conducted a verification 
of the questionnaire responses submitted by the Government of Argentina 
(``GOA'') and Siderar Sociedad Anonima Industrial Y Comercial 
(``Siderar'').
    On June 21 and 28, 2002, we received case and rebuttal briefs, 
respectively, from the petitioners and Siderar/GOA. On July 2, 2002, we 
held a public hearing at the request of the petitioners with respect to 
issues specific to this investigation.
    With respect to scope, in the preliminary LTFV determinations in 
the companion cold-rolled steel investigations, the Department 
preliminarily excluded certain porcelain enameling steel from the scope 
of these investigations. See Notice of Preliminary Determination of 
Sales at Less Than Fair Value: Certain Cold-Rolled Carbon Steel Flat 
Products from Argentina, 67 FR 31181, 31192 (May 9, 2002). On June 13, 
2002, we issued a preliminary decision on the remaining 75 scope 
exclusion requests filed in a number of the on-going cold-rolled steel 
investigations (see Memorandum to Bernard T. Carreau, dated June 13, 
2002, ``Preliminary Scope Rulings in the Antidumping Investigations on 
Certain Cold-Rolled Carbon Steel Flat Products from Argentina, 
Australia, Belgium, Brazil, France, Germany, India, Japan, Korea, the 
Netherlands, New Zealand, the People's Republic of China, the Russian 
Federation, South Africa, Spain, Sweden, Taiwan, Thailand, Turkey, and 
Venezuela, and in the Countervailing Duty Investigations of Certain 
Cold-Rolled Carbon Steel Flat Products from Argentina, Brazil, France, 
and Korea'' (Preliminary Scope Rulings), which is on file in the 
Department's Central Records Unit (``CRU''), room B-099 of the main 
Department building). We gave parties until June 20, 2002, to comment 
on the Preliminary Scope Rulings, and until June 27, 2002, to submit 
rebuttal comments. We received comments and/or rebuttal comments from 
petitioners and respondents from various countries subject to these 
investigations of cold-rolled steel. In

[[Page 62107]]

addition, on June 13, 2002, North American Metals Company (an 
interested party in the Japanese proceeding) filed a request that the 
Department issue a ``correction'' for an already excluded product. On 
July 8, 2002, the petitioners objected to this request.
    At the request of multiple respondents, the Department held a 
public hearing with respect to the Preliminary Scope Rulings on July 1, 
2002. The Department's final decisions on the scope exclusion requests 
are addressed in the ``Scope of Investigation'' section below.

Scope of Investigation

    For purposes of this investigation, the products covered are 
certain cold-rolled (cold-reduced) flat-rolled carbon-quality steel 
products. A full description of the scope of this investigation is 
contained in the ``Scope Appendix'' attached to the Notice of 
Correction to Final Determination of Sales at Less Than Fair Value: 
Certain Cold-Rolled Carbon Steel Flat Products from Australia, 67 FR 
52934 (August 14, 2002). For a complete discussion of the comments 
received on the Preliminary Scope Rulings, see Memorandum to Bernard T. 
Carreau, dated July 10, 2002, ``Issues and Decision Memorandum for the 
Final Scope Rulings in the Antidumping Duty Investigations on Certain 
Cold-Rolled Carbon Steel Flat Products from Argentina, Australia, 
Belgium, Brazil, France, Germany, India, Japan, Korea, the Netherlands, 
New Zealand, the People's Republic of China, the Russian Federation, 
South Africa, Spain, Sweden, Taiwan, Thailand, Turkey, and Venezuela, 
and in the Countervailing Duty Investigations of Certain Cold-Rolled 
Carbon Steel Flat Products from Argentina, Brazil, France, and Korea,'' 
which is on file in the CRU.

Injury Test

    Because Argentina is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, the U.S. International Trade 
Commission (``ITC'') is required to determine whether imports of the 
subject merchandise from Argentina materially injure, or threaten 
material injury to, a U.S. industry. On November 19, 2001, the ITC 
published its preliminary determination finding a reasonable indication 
of material injury or threat of material injury to an industry in the 
United States by reason of imports of certain cold-rolled carbon steel 
flat products from Argentina. See Certain Cold-Rolled Steel Products 
from Argentina, Australia, Belgium, Brazil, China, France, Germany, 
India, Japan, Korea, Netherlands, New Zealand, Russia, South Africa, 
Spain, Sweden, Taiwan, Thailand, Turkey, and Venezuela, 66 FR 57985 
(November 19, 2001).

Period of Investigation

    The period of investigation (``POI'') for which we are measuring 
subsidies corresponds to Siderar's fiscal year, July 1, 2000 through 
June 30, 2001.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the ``Issues and Decision 
Memorandum'' from Richard W. Moreland, Deputy Assistant Secretary, 
Import Administration to Faryar Shirzad, Assistant Secretary, Import 
Administration, dated September 23, 2002 (``Decision Memorandum''), 
which is hereby adopted by this notice. Attached to this notice as 
Appendix I is a list of the issues which 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 investigation and the 
corresponding recommendations in this public memorandum which is on 
file in the CRU. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Internet at http://ia.ita.doc.gov/frn/ under the heading ``Argentina.'' The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Suspension of Liquidation

    In the Preliminary Determination, the total net countervailable 
subsidy rate was de minimis and, therefore, we did not suspend 
liquidation. For the instant determination, because the rate remains de 
minimis, we are not directing the Customs Service to suspend 
liquidation of certain cold-rolled carbon steel flat products from 
Argentina.

Notification of the International Trade Commission

    In accordance with section 705(d) of the Act, we have notified the 
International Trade Commission of our determination.

Return or Destruction of Proprietary Information

    This notice will serve as the only reminder to parties subject to 
Administrative Protective Order of their responsibility concerning the 
return or destruction of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a). Failure to comply is a violation of 
the APO.
    This determination is published pursuant to sections 705(d) and 
777(i) of the Act.

    Dated: September 23, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix I--List of Comments and Issues in the Decision Memorandum

Comment 1: Appropriate AUL for Siderar
Comment 2: Application of the ``Same Person'' Test
Comment 3: Specificity of Benefits Conferred During Privatization 
Process
Comment 4: Reintegro
Comment 5: Committed Investment
Comment 6: Equity Infusions
Comment 7: Exemption from Value Added Tax on Transfer of Assets
Comment 8: Exemption from Stamp Tax
Comment 9: Assumption of Voluntary Retirement/Severance Liabilities
Comment 10: Assumption of Environmental Liabilities
Comment 11: Appropriate Discount Rate for Non-Recurring Subsidies

[FR Doc. 02-24787 Filed 10-2-02; 8:45 am]
BILLING CODE 3510-DS-P