[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Notices]
[Pages 45691-45692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4257]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-818]


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

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 India 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 at the level 
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 
CVD order on certain cut-to-length carbon-quality steel plate from 
India 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). On 
February 25, 2005, subsequent to the Department granting an extension 
to the Government of India (``GOI''),\2\ the Department received a 
substantive response on behalf of the GOI. The Department did not 
receive a substantive response from any other respondent interested 
parties. On March 7, 2005, the Department received rebuttal comments 
from the domestic 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.
    \2\ See Letter from Kelly Parkhill, Director Industry and 
Support Analysis, to Mr. V.S. Seshadri, Minister Counselor, Embassy 
of India, February 14, 2005.
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    The Department determined, pursuant to section 751(c)(5)(C) of the 
Act, that the sunset review of the CVD order on certain cut-to-length 
carbon-quality steel plate from India 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.\3\
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    \3\ 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 merchandise 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

[[Page 45692]]

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 the scope of this order. 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://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 India would be 
likely to lead to continuation or recurrence of a countervailable 
subsidy at the rate listed below:

------------------------------------------------------------------------
                                                              Net
               Manufacturer/exporters                   Countervailable
                                                       Subsidy (percent)
------------------------------------------------------------------------
Steel Authority of India (``SAIL'').................               12.82
All other producers/manufacturers/exporters.........               12.82
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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 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. E5-4257 Filed 8-5-05; 8:45 am]
BILLING CODE 3510-DS-S