[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Notices]
[Pages 45689-45691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4253]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-837]


Final Results of Expedited Sunset Review of the Countervailing 
Duty Order: Certain Cut-To-Length Carbon-Quality Steel Plate From Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 3, 2005, the Department of Commerce (``the 
Department''') initiated a sunset review of the countervailing duty 
(``CVD'') order on certain cut-to-length carbon-quality steel plate 
from Korea 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 a notice of intent 
to participate and an adequate substantive response filed on behalf of 
the domestic interested parties, as well as inadequate response from 
respondent interested parties, the Department conducted an expedited 
sunset review pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(B). As a result of this sunset review, the Department 
finds that revocation of the CVD order would be likely to lead to 
continuation or recurrence of countervailable subsidies

[[Page 45690]]

at the levels indicated in the ``Final Results of Review'' section of 
this notice.

EFFECTIVE DATE: August 8, 2005.

FOR FURTHER INFORMATION CONTACT:  Tipten Troidl or David Goldberger, 
AD/CVD Operations, Office 3, Import Administration, U.S. Department of 
Commerce, 14th Street & Constitution Avenue NW, Washington, DC 20230; 
telephone: 202-482-1767 or 202-482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2005, the Department initiated a sunset review of the 
countervailing duty order on certain cut-to-length carbon-quality steel 
plate from Korea pursuant to section 751(c) of the Act. See Initiation 
of Five-year (``Sunset'') Reviews, 70 FR 75 (January 3, 2005). On 
January 6, 2005, the Department received a notice of intent to 
participate on behalf of Nucor Corporation (``Nucor''), and on January 
14, 2005, we received a notice of intent to participate on behalf of 
International Steel Group Inc. (``ISG''), within the deadline specified 
in 19 CFR 351.218(d)(1)(i). On January 19, 2005, the Department 
received requests for a one-day extension of the deadline and notices 
of intent to participate on behalf of United States Steel Corporation 
(``U.S. Steel'') and IPSCO Steel Inc. (``IPSCO''). Due to circumstances 
beyond their control, IPSCO and U.S. Steel were prevented from 
delivering and filing their notice of intent to participate with the 
Department within the 15-day deadline. Therefore, the Department 
determined it appropriate to grant their extension request. Each of the 
domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act as domestic producers of a domestic like 
product. The Department received a complete substantive response on 
behalf of ISG,\1\ IPSCO and Nucor (collectively, ``domestic interested 
parties'') within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). The Department did not receive a substantive response 
from any respondent interested parties. 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 an expedited sunset review of this CVD order.
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    \1\ On April 20, and May 6, 2005, ISG notified the Department 
that as a result of a name change, ISG's official name is now Mittal 
Steel USA ISG Inc.
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    The Department determined, pursuant to section 751(c)(5)[sscopy]) 
of the Act, that the sunset review of the CVD order on certain cut-to-
length carbon-quality steel plate from Korea is extraordinarily 
complicated. Therefore, on April 25, 2005, the Department extended the 
time limit for completion of the final results of this review until not 
later than August 1, 2005.\2\
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    \2\ See Certain Cut-To-Length Carbon-Quality Steel Plate from 
France, India, Indonesia, Italy, Japan and Korea; Extension of Final 
Results of the Expedited Sunset Reviews of the Antidumping and 
Countervailing Duty Orders, 70 FR 22843 (May 3, 2005).
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Scope of the Order

    The merchandises covered by the CVD order is 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 this order 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 this order 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 this order unless 
otherwise specifically excluded. The following products are 
specifically excluded from this order: (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. The merchandise subject to this order 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 this order is 
dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum'' (``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, which is hereby adopted by this 
notice. Parties can find a complete discussion of all issues raised in 
this review and the corresponding recommendation 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://

[[Page 45691]]

ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Review

    The Department determines that revocation of the CVD order on 
certain cut-to-length carbon-quality steel plate from Korea would be 
likely to lead to continuation or recurrence of a countervailable 
subsidy at the rate listed below:

------------------------------------------------------------------------
                                                              Net
               Manufacturer/exporters                   Countervailable
                                                       Subsidy (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill, Ltd.............................                2.36
All others\3\.......................................                2.36
------------------------------------------------------------------------
\3\ Pohang Iron & Steel Co., Ltd. (``POSCO'') was excluded from the
  order on the basis of a de minimis net subsidy rate of 0.82 percent.
  See Notice of Amended Final Determinations: Certain Cut-to-Length
  Carbon-Quality Steel Plated From India and the Republic of Korea; and
  Notice of Countervailing Duty Orders: Certain Cut-to-Length Carbon-
  Quality Steel Plate From France, India, Indonesia, Italy, and the
  Republic of Korea, 65 FR 6587 (February 10, 2000).

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 are 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. E5-4253 Filed 8-5-05; 8:45 am]
BILLING CODE 3510-DS-S