[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Notices]
[Pages 45692-45694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4258]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-560-806]


Certain Cut-to-Length Carbon-Quality Steel Plate from Indonesia: 
Final Results of Expedited Sunset Review

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 
order (``CVD'') on certain cut-to-length carbon-quality steel plate 
from Indonesia (70 FR 75) 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 and inadequate 
response from respondent interested parties (in this case, no 
response), the Department conducted an expedited sunset review of this 
CVD order 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 a countervailable subsidy 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, International Trade 
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:

[[Page 45693]]

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 
Indonesia pursuant to section 751(c) of the Act. See Initiation of 
Five-year (``Sunset'') Reviews, 70 FR 75 (January 3, 2005). The 
Department received a Notice of Intent to Participate from the 
following domestic interested parties: Nucor Corporation (``Nucor''), 
International Steel Group Inc. (``ISG''), IPSCO Steel Inc. (``IPSCO''), 
and United States Steel Corporation (``U.S. Steel'') (collectively, 
``domestic interested parties'') within the deadline specified in 19 
CFR 351.218(d)(1)(i). The domestic interested parties claimed 
interested party status under section 771(9)(C) of the Act.
    The Department received a complete substantive response 
collectively from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(I). However, the Department 
did not receive a substantive response from any government or 
respondent interested party to this proceeding. 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 review of this CVD order.
    On May 3, 2005, the Department published in the Federal Register an 
Extension of Final Results, extending the final results until 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 
Order, May 3, 2005 (70 FR 22843) (``Extension of Final Results'').

Scope of the Order

    The products covered by the countervailing duty order 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 this scope 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 this scope 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 investigations unless otherwise 
specifically excluded. The following products are specifically excluded 
from these investigations: (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 the 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 subject to 
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 would be 
likely to lead to continuation or recurrence of a countervailable 
subsidy at the rates listed below:

------------------------------------------------------------------------
                                                              Net
                 Producers/Exporters                    Countervailable
                                                       Subsidy (percent)
------------------------------------------------------------------------
P.T. Krakatau Steel.................................               47.72
All Others..........................................               15.90
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice 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 return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing the results and notice in accordance 
with

[[Page 45694]]

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. E5-4258 Filed 8-5-05; 8:45 am]
BILLING CODE 3510-DS-S