[Federal Register Volume 70, Number 233 (Tuesday, December 6, 2005)]
[Notices]
[Pages 72607-72608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6906]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-533-817, C-533-818, A-560-805, C-560-806, A-475-826, C-475-827, A-
588-847, A-580-836, C-580-837)


Continuation of Antidumping and Countervailing Duty Orders: 
Certain Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, 
Italy, Japan, and Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping (``AD'') orders on certain 
cut-to-length carbon-quality steel plate (``CTL Plate'') from India, 
Indonesia, Italy, Japan, and Korea would likely lead to continuation or 
recurrence of dumping; that revocation of the countervailing duty 
(``CVD'') orders on CTL Plate from India, Indonesia, Italy, and Korea 
would likely lead to continuation or recurrence of a countervailable 
subsidy; and that revocation of these AD and CVD orders would likely 
lead to a continuation or recurrence of material injury to an industry 
in the United States, the Department is publishing this notice of 
continuation of these AD and CVD orders.

EFFECTIVE DATE: December 6, 2005.

FOR FURTHER INFORMATION CONTACT: Roberto Facundus (AD orders), Darla 
Brown (CVD orders), 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, (202) 482-2849, or (202) 482-4136, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2005, the Department initiated and the ITC instituted 
sunset reviews of the AD orders on CTL Plate from India, Indonesia, 
Italy, Japan, and Korea and CVD orders on CTL Plate from India, 
Indonesia, Italy and Korea, pursuant to sections 751(c) and 752 of the 
Tariff Act of 1930, as amended (``the Act''), respectively. See Notice 
of Initiation of Five-year (``Sunset'') Reviews, 70 FR 75 (January 3, 
2005). As a result of its reviews, the Department found that revocation 
of the AD orders would likely lead to continuation or recurrence of 
dumping and that revocation of the CVD orders would be likely to lead 
to continuation or recurrence of subsidization, and notified the ITC of 
the margins of dumping and the subsidy rates likely to prevail were the 
orders to be revoked. See 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, 70 FR 45655 (August 8, 2005); Final Results of Expedited 
Sunset Review of Countervailing Duty Order: Certain Cut-To-Length 
Carbon-Quality Steel Plate From India, 70 FR 45691 (August 8, 2005); 
Final Results of Expedited Sunset Review of Countervailing Duty Order: 
Certain Cut-To-Length Carbon-Quality Steel Plate From Indonesia, 70 FR 
45692 (August 8, 2005); Final Results of Expedited Sunset Review of 
Countervailing Duty Order: Certain Cut-To-Length Carbon-Quality Steel 
Plate From Italy, 70 FR 45694 (August 8, 2005), Final Results of 
Expedited Sunset Review of Countervailing Duty Order: Certain Cut-To-
Length Carbon-Quality Steel Plate From Korea, 70 FR 45689 (August 8, 
2005), (collectively, ``Final Results'').
    On November 28, 2005, the ITC determined that revocation of the AD 
orders on CTL Plate from India, Indonesia, Italy, Japan, and Korea and 
CVD orders on CTL Plate from India, Indonesia, Italy and Korea, would 
be likely to lead to continuation or recurrence of material injury 
within a reasonably foreseeable time. See Cut-to-Length Carbon-Quality 
Steel Plate From France, India, Indonesia, Italy, Japan, and Korea, 70 
FR 71331 (November 28, 2005) (``ITC Determination'') and USITC 
Publication 3816 (October 2005), entitled Cut-To-Length Carbon Steel 
Plate from France, India, Indonesia, Italy, Japan, and Korea 
(Investigation Nos. 701-TA-388-391 and 731-TA-816-821 (Review)).

Scope of the Orders

    The merchandise covered by the AD and CVD orders 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 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 the scope 
of these orders. 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 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

[[Page 72608]]

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 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.
    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 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.

Determination

    As a result of the determinations by the Department and the ITC 
that revocation of these AD and CVD orders would be likely to lead to 
continuation or recurrence of dumping or a countervailable subsidy, and 
of material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, the Department hereby orders the 
continuation of the AD orders on CTL Plate from India, Indonesia, 
Italy, Japan, and Korea and CVD orders on CTL Plate from India, 
Indonesia, Italy and Korea. U.S. Customs and Border Protection will 
continue to collect cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. The effective date of 
continuation of these orders will be the date of publication in the 
Federal Register of this Notice of Continuation.
    Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the 
Department intends to initiate the next five-year review of these 
orders not later than October 2010.
    These five-year (sunset) reviews and notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: November 30, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-6906 Filed 12-6-05; 8:45 am]
BILLING CODE 3510-DS-S