[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Notices]
[Pages 47418-47419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17921]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-791-806]


Stainless Steel Plate in Coils From South Africa; Final Results 
of Expedited Sunset Review

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

ACTION: Notice of final results of the expedited sunset review of the 
countervailing duty order on stainless steel plate in coils from South 
Africa.

-----------------------------------------------------------------------

SUMMARY: On April 1, 2004, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing duty 
order on stainless steel plate in coils (``SSPC'') from South Africa 
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 domestic interested 
parties and an inadequate response, i.e., no response from respondent 
interested parties, the Department determined to conduct an expedited 
(120-day) sunset review. As a result of this sunset review, the 
Department finds that revocation of the countervailing duty order would 
be likely lead continuation or recurrence of a countervailable subsidy. 
The net countervailable subsidy and the nature of the subsidy are 
identified in the Final Results of Review section of this notice.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy 
for

[[Page 47419]]

Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-5050.

EFFECTIVE DATE: August 5, 2004.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2004, the Department of Commerce (``the Department'') 
initiated a sunset review of the countervailing duty order on SSPC from 
South Africa pursuant to section 751(c) of the Act. See Initiation of 
Five-Year (Sunset) Reviews, 69 FR 17129 (April 1, 2004). On April 16, 
2004, the Department received a Notice of Intent to Participate from 
Allegheny Ludlum Corporation (``Allegheny Ludlum''), North American 
Stainless (``NAS''), and the United Steelworkers of America, AFL-CIO-
CLC (``USWA''), collectively (``domestic interested parties'') within 
the applicable deadline specified in section 351.218(d)(1)(i) of the 
Department's regulations. On May 3, 2004, we received a complete 
substantive response from domestic interested parties within the 30-day 
deadline specified in the Department's regulations. However, we did not 
receive responses from any respondent interested parties to this 
proceeding as required in section 351.218(d)(3)(i) of the Department's 
regulations. As a result of receiving no responses from respondent 
interested parties, the Department conducted an expedited (120-day) 
sunset review of this order pursuant to section 751(c)(3)(B) of the Act 
and section 351.218(e)(1)(ii)(C) of the Department's regulations.

Scope of the Order

    The merchandise subject to this countervailing duty order is 
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 these orders 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 these orders 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, 
7219.12.00.20, 7219.12.00.25, 7219.12.00.50, 7219.12.00.55, 
7219.12.00.65, 7219.12.00.70, 7219.12.00.80, 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 scope of the order is dispositive.

Analysis of Comments Received

    All issues raised in this case are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
July 30, 2004, which is hereby adopted by this notice. The issues 
discussed in the Decision Memo include the likelihood of continuation 
or recurrence of subsidization and the magnitude of the margin likely 
to prevail if the order were 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 http://ia.ita.doc.gov/frn, under the 
heading ``August 2004.'' 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 
SSPC from South Africa would likely lead to continuation or recurrence 
of subsidization at the following weighted-average percentage margins:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
           Manufacturers/exporters/producers              subsidy margin
                                                            (percent)
------------------------------------------------------------------------
Columbus Stainless Steel Company (the operating unit of           3.95
 Columbus Joint Venture)...............................
All Others.............................................           3.95
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
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 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: July 30, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-17921 Filed 8-4-04; 8:45 am]
BILLING CODE 3510-DS-P