[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Notices]
[Pages 45655-45657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4249]


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

DEPARTMENT OF COMMERCE

International Trade Administration

(A-427-816, A-533-817, A-560-805, A-475-826, A-588-847, A-580-836)


Certain Cut-To-Length Carbon-Quality Steel Plate from France, 
India, Indonesia, Italy, Japan, and the Republic of Korea; Final 
Results of the Expedited Sunset Reviews of the Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 3, 2005, the Department of Commerce (``the 
Department'') initiated sunset reviews of the antidumping duty orders 
(``AD Orders'') on Certain Cut-To-Length Carbon-Quality Steel Plate 
(``CTL Plate'') from France, India, Indonesia, Italy, Japan, and the 
Republic of Korea

[[Page 45656]]

pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). See Initiation of Five-year (Sunset) Reviews, 70 FR 75 (January 
3, 2005). On the basis of notices of intent to participate and adequate 
substantive responses filed on behalf of the domestic interested 
parties and inadequate responses from respondent interested parties, 
the Department conducted expedited sunset reviews of the AD Orders 
pursuant to section 751(c)(3)(B) of the Act and section 
351.218(e)(1)(ii)(C)(2) of the Department's regulations. As a result of 
these sunset reviews, the Department finds that revocation of the AD 
Orders would likely lead to continuation or recurrence of dumping at 
the levels indicated in the ``Final Results of Reviews,'' section of 
this notice.

EFFECTIVE DATE: August 8, 2005.

FOR FURTHER INFORMATION CONTACT: Roberto Facundus or David Goldberger, 
AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3464 or (202) 482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2005, the Department initiated sunset reviews of the 
AD Orders on CTL Plate from France, India, Indonesia, Italy, Japan, and 
the Republic of Korea pursuant to section 751(c) of the Act. See 
Initiation of Five-year (Sunset) Reviews, 70 FR 75 (January 3, 2005). 
The Department received notices of intent to participate from the 
following domestic parties within the deadline specified in 19 CFR 
351.218(d)(1)(i): Mittal Steel USA ISG Inc.\1\, IPSCO Steel Inc., Nucor 
Corporation, and United States Steel Corp. These four parties claimed 
interested party status under section 771(9)(C) of the Act and 19 CFR 
351.102(b), as domestic manufacturers and producers of the domestic 
like product. The Department received a collective substantive response 
from Mittal Steel USA ISG Inc., IPSCO Steel Inc., and Nucor Corporation 
(collectively ``the domestic interested parties'') within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). The Department received 
no substantive responses from any of the respondent interested parties 
to these proceedings.\2\ As a result, pursuant to section 751(c)(3)(B) 
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted 
expedited sunset reviews of these AD Orders.
---------------------------------------------------------------------------

    \1\ Bethlehem Steel Corporation was one of the original 
petitioners in the investigation. International Steel Group Inc. was 
the successor company to Bethlehem Steel Corporation. See Letters 
from Nucor Corporation, International Steel Group Inc. (Mittal Steel 
USA ISG Inc.), and IPSCO Steel Inc. to the Secretary of Commerce re: 
Five-year ( sunset``) review(s) pursuant to Section 751(c) of the 
Tariff Act of 1930 of the Antidumping Duty Order(s) on Cut-to-Length 
Carbon-Quality Steel Plate from France, India, Indonesia, Italy, 
Japan, and the Republic of Korea - Substantive Response(s) to Notice 
of Initiation (February 1, 2005) (separate letters were 
simultaneously submitted for each country). International Steel 
Group Inc. was later acquired and its name changed to Mittal Steel 
USA ISG Inc. See Letters from Mittal Steel USA ISG Inc. to the 
Secretary of Commerce re: Sunset Review(s) of Certain Cut-To-Length 
Carbon-Quality Steel Plate from France, India, Indonesia, Italy, 
Japan, and the Republic of Korea: Notice of Change in International 
Steel Group Inc.'s Name (April 20, 2005) (separate letters were 
simultaneously submitted for each country), and Letters from Mittal 
Steel USA ISG Inc. to the Secretary of Commerce re: Antidumping Duty 
Sunset Review(s) of Certain Cut-To-Length Carbon-Quality Steel Plate 
from France, India, Indonesia, Italy, Japan, and the Republic of 
Korea: Clarification of Mittal Steel USA ISG's name (May 6, 2005) 
(separate letters were simultaneously submitted for each country).
    \2\ GTS Industries S.A., a French producer of subject 
merchandise, submitted a waiver of participation in the sunset 
review of CTL Plate from France. See Letter to Gary S. Taverman re: 
Antidumping Duty Sunset Review of Certain Cut-to-Length Carbon-
Quality Steel Plate from France; Statement of Waiver (February 2, 
2005).
---------------------------------------------------------------------------

    On May 3, 2005, the Department extended the time limit for the 
final results of these sunset reviews to on or about August 1, 2005. 
See Certain Cut-To-Length Carbon-Quality Steel Plate from France, 
India, Indonesia, Italy, Japan and Korea; Extension of Final Results of 
Expedited Sunset Reviews of the Antidumping and Countervailing Duty 
Orders, 70 FR 22843 (May 3, 2005).

Scope of the Orders

    The products covered by the AD Orders are certain hot-rolled 
carbon-quality steel: (1) Universal mill plates (i.e., flat-rolled 
products rolled on four faces or in a closed box pass, of a width 
exceeding 150 mm but not exceeding 1250 mm, and of a nominal or actual 
thickness of not less than 4 mm, which are cut-to-length (not in coils) 
and without patterns in relief), of iron or non-alloy-quality steel; 
and (2) flat-rolled products, hot-rolled, of a nominal or actual 
thickness of 4.75 mm or more and of a width which exceeds 150 mm and 
measures at least twice the thickness, and which are cut-to-length (not 
in coils). Steel products to be included in the scope of these orders 
are of rectangular, square, circular or other shape and of rectangular 
or non-rectangular cross-section where such non-rectangular 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. Steel products that meet the 
noted physical characteristics that are painted, varnished or coated 
with plastic or other non-metallic substances are included within this 
scope. Also, specifically included in the scope of these orders are 
high strength, low alloy (``HSLA'') steels. HSLA steels are recognized 
as steels with micro-alloying levels of elements such as chromium, 
copper, niobium, titanium, vanadium, and molybdenum.
    Steel products to be included in this scope, regardless of 
Harmonized Tariff Schedule of the United States (``HTSUS'') 
definitions, are products in which: (1) Iron predominates, by weight, 
over each of the other contained elements, (2) the carbon content is 
two percent or less, by weight, and (3) none of the elements listed 
below is equal to or exceeds the quantity, by weight, respectively 
indicated: 1.80 percent of manganese, or 1.50 percent of silicon, or 
1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of 
chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 
percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of 
molybdenum, or 0.10 percent of niobium, or 0.41 percent of titanium, or 
0.15 percent of vanadium, or 0.15 percent zirconium. All products that 
meet the written physical description, and in which the chemistry 
quantities do not equal or exceed any one of the levels listed above, 
are within the scope of these orders unless otherwise specifically 
excluded. The following products are specifically excluded from these 
orders: (1) Products clad, plated, or coated with metal, whether or not 
painted, varnished or coated with plastic or other non-metallic 
substances; (2) SAE grades (formerly AISI grades) of series 2300 and 
above; (3) products made to ASTM A710 and A736 or their proprietary 
equivalents; (4) abrasion-resistant steels (i.e., USS AR 400, USS AR 
500); (5) products made to ASTM A202, A225, A514 grade S, A517 grade S, 
or their proprietary equivalents; (6) ball bearing steels; (7) tool 
steels; and (8) silicon manganese steel or silicon electric steel.
    Regarding the scope of the order for Japan, the following 
additional exclusions apply with respect to abrasion-resistant steels: 
NK-EH-360 (NK Everhard 360) and NK-EH-500 (NK Everhard 500). NK-EH-360 
has the following specifications: (a) Physical Properties: Thickness 
ranging from 6-50 mm, Brinell Hardness: 361 min.; (b) Heat Treatment: 
controlled heat treatment; and (c) Chemical

[[Page 45657]]

Composition (percent weight): C: 0.20 max., Si: 0.55 max., Mn: 1.60 
max., P: 0.030 max., S: 0.030 max., Cr: 0.40 max., Ti: 0.005-0.020, B: 
0.004 max. NK-EH-500 has the following specifications: (a) Physical 
Properties: Thickness ranging from 6-50 mm, Brinell Hardness: 477 min.; 
(b) Heat Treatment: Controlled heat treatment; and (c) Chemical 
Composition (percent weight): C: 0.35 max., Si: 0.55 max., Mn: 1.60 
max., P: 0.030 max., S: 0.030 max., Cr: 0.80 max., Ti: 0.005-0.020, B: 
0.004 max.
    The merchandise subject to these orders is currently classifiable 
in the HTSUS under subheadings: 7208.40.3030, 7208.40.3060, 
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 
7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 
7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 
7226.91.7000, 7226.91.8000, 7226.99.0000. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise covered by these orders is 
dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the Issues and 
Decision Memorandum from Barbara E. Tillman, Acting Deputy Assistant 
Secretary for Import Administration, to Joseph A. Spetrini, Acting 
Assistant Secretary for Import Administration, dated August 1, 2005. 
(``Decision Memorandum''), which is hereby adopted by this notice. The 
issues discussed in the accompanying Decision Memorandum include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margin likely to prevail if the orders were revoked. Parties can 
find a complete discussion of all issues raised in these reviews 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 ``August 2005.'' The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Final Results of Sunset Reviews

    The Department determines that revocation of the AD Orders on CTL 
Plate from France, India, Indonesia, Italy, Japan, and the Republic of 
Korea would likely lead to continuation or recurrence of dumping at the 
rates listed below:

------------------------------------------------------------------------
                Exporter/Manufacturer                  Margin Percentage
------------------------------------------------------------------------
France..............................................
Usinor, S.A.........................................               10.41
All Others..........................................               10.41
India...............................................
Steel Authority of India, Ltd.......................               42.39
All Others..........................................               42.39
Indonesia...........................................
PT Gunawan Dianjaya/PT Jaya Pari Steel Corporation..               50.80
PT Krakatau Steel...................................               52.42
All Others..........................................               50.80
Italy...............................................
Palini and Bertoli S.p.A............................                7.85
All Others..........................................                7.85
Japan...............................................
Kawasaki Steel Corporation..........................               10.78
Kobe Steel, Ltd.....................................               59.12
Nippon Steel Corporation............................               59.12
NKK Corporation.....................................               59.12
Sumitomo Metal Industries, Ltd......................               59.12
All Others..........................................               10.78
Republic of Korea...................................
Dongkuk Steel Mill Co., Ltd.........................                2.98
All Others..........................................                2.98
------------------------------------------------------------------------

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. 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: August 1, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4249 Filed 8-5-05; 8:45 am]
BILLING CODE 3510-DS-S