[Federal Register Volume 70, Number 136 (Monday, July 18, 2005)]
[Notices]
[Pages 41207-41208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3806]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-830]


Revocation of Antidumping Duty Order; Certain Stainless Steel 
Plate in Coils From Canada

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

SUMMARY: On May 21, 1999, the Department of Commerce (``the 
Department'') published an antidumping duty order on certain stainless 
steel plate in coils from Canada. See Antidumping Duty Order, Certain 
Stainless Steel Plate in Coils from Belgium, Canada, Italy, Republic of 
Korea, South Africa, and Taiwan, 64 FR 27756 (May 21, 1999). On April 
1, 2004, the Department initiated its first sunset review of the order 
on certain stainless steel plate in coils from Canada. See Initiation 
of Five-Year (``Sunset'') Reviews, 69 FR 17129 (April 1, 2004).
    (``First Sunset Review''). Pursuant to section 751(c) of the Tariff 
Act from 1930, as amended (``the Act''), the International Trade 
Commission (``the ITC'') determined that revocation of the antidumping 
duty order on certain stainless steel plate in coils from Canada is not 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time. See 
Certain Stainless Steel Plate from Belgium, Canada, Italy, Korea, South 
Africa, and Taiwan, 70 FR 38710 (July 5, 2005). Therefore, pursuant to 
section 751(d)(2) of the Act, and section 351.222(i)(1)(iii) of the 
Department's regulations, the Department is revoking the antidumping 
duty order on certain stainless steel plate in coils from Canada.

DATES: Effective Date: May 21, 2004.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or Dana Mermelstein, 
AD/CVD Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5050 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

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 the 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 (``HTS'') 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, 11521 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 HTS subheadings are 
provided for convenience and Customs purposes, the written description 
of the merchandise subject to this order is dispositive.
    This scope language reflects the March 11, 2003, amendment of the 
antidumping and countervailing duty orders and suspension of 
liquidation which the Department implemented in accordance with the 
Court of International Trade, decision in Allegheny Ludlum v. United 
States, 2002 Ct. Int. Trade LEXIS 147 (December 12, 2002). See also 
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) and Notice of 
Amended Countervailing Duty Orders; Certain Stainless Steel Plate in 
Coils from Belgium, Italy, and South Africa, 68 FR 11524 (March 11, 
2003).

Background

    On April 1, 2004, the Department initiated, and the ITC instituted, 
a sunset review of the antidumping duty order on certain stainless 
steel plate in coils from Canada. See Initiation of Five-Year 
(``Sunset'') Reviews, 69 FR 17129 (April 1, 2004), and Certain 
Stainless Steel Plate from Belgium, Canada, Italy, Korea, South Africa, 
and Taiwan; Initiation of Five-Year Review, 69 FR 17235 (April 1, 
2004). As a result of the review, the Department found that revocation 
of the antidumping duty order would likely lead to continuation or 
recurrence of dumping, and notified the ITC of the magnitude of the 
margin likely to prevail were the order to be revoked. See Stainless 
Steel Plate in Coils from Canada, South Africa, and Taiwan; Notice of 
Expedited Sunset Review: Final Results, 69 FR 47416 (August 5, 2004).

[[Page 41208]]

    On July 5, 2005, the ITC determined, pursuant to section 751(c) of 
the Act, that revocation of the antidumping duty order on certain 
stainless steel plate in coils from Canada would not be likely to lead 
to continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. See USITC 
Publication 3784, Investigation Nos. 701-TA-376, 377, & 379 and 731-TA 
788-793 (Review) (June 2005), and Certain Stainless Steel Plate from 
Belgium, Canada, Italy, Korea, South Africa, and Taiwan; 70 FR 38710 
(July 5, 2005).

Determination

    As a result of the determination by the ITC that revocation of this 
antidumping duty order is not likely to lead to continuation or 
recurrence of material injury to an industry in the United States, the 
Department pursuant to section 751(d) of the Act, is revoking the 
antidumping duty order on certain stainless steel plate in coils from 
Canada. Pursuant to section 751(d)(2) and 19 CFR 351.222(i)(2)(i), the 
effective date of revocation is May 21, 2004 (i.e., the fifth 
anniversary of the date of publication in the Federal Register of the 
order).
    The Department will notify the U.S. Customs and Border Protection 
(``CBP'') to discontinue suspension of liquidation and collection of 
cash deposits on entries of the subject merchandise entered or 
withdrawn from warehouse on or after May 21, 2004, the effective date 
of revocation of this order. The Department will complete any pending 
administrative reviews of this order and will conduct administrative 
reviews of subject merchandise entered prior to the effective date of 
revocation in response to appropriately filed requests for review.
    This five-year sunset review and notice are in accordance with 
sections 751(d)(2) and 777(i)(1) of the Act.

    Dated: July 12, 2005.
Susan H. Kuhbach,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3806 Filed 7-15-05; 8:45 am]
BILLING CODE 3510-DS-P