[Federal Register Volume 70, Number 41 (Thursday, March 3, 2005)]
[Notices]
[Pages 10357-10358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-863]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-823]


Stainless Steel Plate in Coils from Italy; Final Results of the 
Full Sunset Review of the Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 1, 2004, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing duty 
(``CVD'') order on stainless steel plate in coils (``SSPC'') from Italy 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). See Initiation of Five-Year (Sunset) Reviews, 69 FR 17129 
(April 1, 2004). On the basis of a notice of intent to participate and 
an adequate substantive response filed on behalf of the interested 
parties, the Department conducted a full (240-day) sunset review. As a 
result of this review, the Department finds that revocation of the CVD 
order would likely lead to continuation or recurrence of subsidies at 
the levels indicated in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: March 3, 2005.

FOR FURTHER INFORMATION CONTACT: Hilary Sadler, Esq., Office of Policy 
for Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and

[[Page 10358]]

Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4340.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2004, the Department initiated a sunset review of the 
CVD order on SSPC from Italy pursuant to section 751(c) of the Act. See 
Initiation of Five-Year (Sunset) Reviews, 69 FR 17129 (April 1, 2004). 
On October 21, 2004, the Department published the preliminary results 
of the full sunset review of the CVD on SSPC from Italy. See Notice of 
Preliminary Results of Full Sunset Review: Stainless Steel Plate in 
Coils from Italy (``preliminary sunset review results''), 69 FR 61800 
(October 21, 2004) and the accompanying Issues and Decision Memorandum 
for the Full Sunset Review of the Countervailing Duty Order on 
Stainless Steel Plate in Coils from Italy: Preliminary Results 
(``preliminary results decision memorandum'') dated October 15, 
2004.\1\ In our preliminary sunset review results, we found that 
benefits from the following programs would likely continue or recur 
were the order revoked:
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    \1\ For a full discussion of the history of this order prior to 
the preliminary results of this sunset review, see the October 15, 
2004, preliminary results decision memorandum.
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    (1) Law 675/77;
    (2) Law 451/94 Early Retirement Benefits; and
    (3) European Social Fund.
    On December 6, 2004, the Department received a joint case brief 
from the Government of Italy (GOI) and the European Commission (EC). 
See Case Brief from the EC and the GOI re: Sunset Review of the 
Countervailing Duty Order on Stainless Steel Plate in Coils from Italy 
(December 6, 2004) including separate GOI and EC Attachments. The 
Department also received a case brief from ThyssenKrupp Acciai Speciali 
Terni, S.p.A. (``TKAST'') (formerly Acciai Speciali Terni, S.p.A.) in a 
timely manner. See Case Brief from TKAST re: Stainless Steel Plate in 
Coils from Italy (Sunset) (December 13, 2004). The Department did not 
receive a case brief from the domestic interested parties but did 
receive a rebuttal brief to the case briefs submitted by the GOI, EC 
and TKAST. See Rebuttal Brief from Petitioners re: Sunset Review of the 
Countervailing Duty Order on Stainless Steel Plate in Coils from Italy 
(December 20, 2004).

Scope of Review

    The product covered by this order is certain SSPC. 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. In addition, certain cold-rolled SSPC is also 
excluded from the scope of this order. The excluded cold-rolled SSPC is 
defined as that merchandise which meets the physical characteristics 
described above that has undergone a cold-reduction process that 
reduced the thickness of the steel by 25 percent or more, and has been 
annealed and pickled after this cold reduction process. 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, 7219.12.00.05, 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 orders is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
February 25, 2005, which is hereby adopted by this notice. The issues 
discussed in the accompanying Decision Memorandum include the 
likelihood of continuation or recurrence of countervailable subsidies 
and the net subsidy 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 the Central Records Unit, room B-099, of the main Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at http://ia.ita.doc.gov/frn, under 
the heading ``March 2005.'' The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the countervailing duty order on 
SSPC from Italy would be likely to lead to continuation or recurrence 
of countervailable subsidies at the rate listed below:

------------------------------------------------------------------------
                                                     Net countervailable
                Producers/exporters                    subsidy (percent)
------------------------------------------------------------------------
TKAST..............................................                 0.73
All Others.........................................                 0.73
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``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.

Joseph A. Spetrini,
Assistant Secretary for Import Administration.
[FR Doc. E5-863 Filed 3-2-05; 8:45 am]
BILLING CODE 3510-DS-P