[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Notices]
[Pages 45694-45695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4259]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-827]


Certain Cut-to-Length Carbon-Quality Steel Plate from Italy: 
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 
(``CVD'') order on certain cut-to-length carbon-quality steel plate 
from Italy 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 
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 Enforcement, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, D.C. 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 
Italy 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''), Mittal Steel USA ISG 
Inc. (``Mittal'') (formerly International Steel Group Inc.), 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. Moreover, the Department received one complete collective 
substantive response from the domestic interested parties within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(i).
    The Department also received responses from: ILVA S.p.A. 
(``ILVA''), the European Commission (``EC''), and the Government of 
Italy (``GOI'') (collectively, ``respondent interested parties''). The 
Department found that ILVA's imports did not fulfill the 50-percent 
threshold that the Department considers to be an adequate response 
under 19 CFR 351.218(e)(1)(ii)(A). Therefore, on March 23, 2005, the 
Department issued a memorandum finding the respondent's response 
inadequate. See March 23, 2005, Memorandum for Ronald K. Lorentzen 
through Kelly Parkhill from Hilary E. Sadler, Subject: Carbon-Quality 
Steel Plate from Italy: Determination of Adequacy of Response 
(``Adequacy Response Memorandum''). Because the Department found that 
the respondent interested parties' responses were inadequate, the 
Department conducted an expedited review of this CVD order, pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
    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 Italy 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.\1\
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    \1\ 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 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

[[Page 45695]]

(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.

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)
------------------------------------------------------------------------
ILVA S.p.A..........................................                2.38
Palini & Bertoli....................................          De minimis
All Others..........................................                2.38
------------------------------------------------------------------------

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 
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. E5-4259 Filed 8-5-05; 8:45 am]
BILLING CODE 3510-DS-S