[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Notices]
[Pages 14498-14500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4149]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-122-822, A-428-815)


Notice of Final Results of Antidumping Duty Changed Circumstances 
Reviews and Revocation of Orders In Part: Certain Corrosion-Resistant 
Carbon Steel Flat Products From Canada and Germany

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 8, 2006, the U.S. Department of Commerce (the 
Department) published a notice of preliminary results of changed 
circumstances reviews with the intent to revoke, in part, the 
antidumping duty orders on certain corrosion-resistant carbon steel 
flat products (corrosion-resistant steel) from Canada and Germany, as 
described below. See Preliminary Results of Antidumping Duty Changed 
Circumstances Reviews And Notice of Intent to Revoke Orders in Part: 
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada and 
Germany, 71 FR 6447 (February 8, 2006) (Preliminary Results). In our 
Preliminary Results, the Department invited interested parties to 
comment on the request to exclude ``wear plate'' (described below) from 
the scope of these orders. The Department received no comments.
    The Department concludes that producers accounting for 
substantially all of the production of the domestic like product to 
which these orders pertain lack interest in the relief provided by 
these orders with respect to wear plate because the domestic parties: 
1) made an affirmative statement of no interest in the continuation of 
the orders with respect to that merchandise; and 2) did not comment on 
the Preliminary Results, in which the Department stated its intent to 
revoke the order with respect to this merchandise. Therefore, the 
Department concludes that it is appropriate to revoke these orders, in 
part, with respect to unliquidated entries of wear plate, not subject 
to the final results of an administrative review.

EFFECTIVE DATE: March 22, 2006.

FOR FURTHER INFORMATION CONTACT: Patrick Edwards or Abdelali 
Elouaradia, AD/CVD Operations, Office 7, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-8029 or (202) 482-1374, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty orders on corrosion-
resistant steel from Canada and Germany on August 19, 1993. See Notice 
of Antidumping Duty Order: Corrosion-Resistant Carbon Steel Flat 
Products from Canada, 58 FR 44162. See also Notice of Antidumping Duty 
Order: Corrosion-Resistant Carbon Steel Flat Products from Germany, 58 
FR 44170. On November 7, 2005, Eutectic Corporation (Eutectic), a U.S. 
importer, requested that the Department exclude a product commonly 
known as wear plate and marketed under the name of ``CastoDur Diamond 
Plate'' from the scope of these orders. See Eutectic's submissions to 
the Secretary, dated November 7, 2005 (Eutectic Requests).
    In its requests, Eutectic asserts that certain domestic producers, 
i.e., United States Steel Corporation (U.S. Steel) and Mittal Steel USA 
ISG Inc. (formerly Bethlehem Steel Corporation, Ispat Inland Steel, and 
LTV Steel Company, Inc.) (Mittal USA) and certain other interested 
parties, i.e., Nucor Plate Group of Nucor Corporation and Ipsco Inc, do 
not have any interest in the continuation of the order with respect to 
certain wear plate products described below. The Department contacted 
U.S. Steel, Mittal USA, Nucor, and Ipsco on December 7, 2005, to 
confirm their expressed lack of interest regarding continuation of 
these orders with respect to certain wear plate products. See 
Memorandum to the File from Angelica L. Mendoza, Senior Case Analyst, 
Office 7, ``Confirmation of Interested Parties' Lack of Interest for 
`Wear Plate' (marketed as `CastoDur Diamond Plate') to Be Subject to 
the Above-Captioned Antidumping Duty Orders,'' dated December 7, 2005.
    In response to Eutectic's request, and based on the letters from 
domestic producers and interested parties in these cases stating that 
they had no interest in retaining this product in the scope of these 
orders, the Department initiated these changed circumstances reviews. 
See Initiation of Antidumping Duty Changed Circumstances Reviews: 
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada and 
Germany, 70 FR 76763 (December 28, 2005). The Department provided 
interested parties an opportunity to

[[Page 14499]]

comment on the initiation of these changed circumstances reviews with 
respect to certain wear plate products. We did not receive any 
comments.
    Absent any comments, on February 8, 2006, the Department 
preliminarily concluded that producers accounting for substantially all 
of the production of the domestic like product to which these orders 
pertain, lack interest in the relief provided by these orders with 
respect to certain wear plate products. See Preliminary Results, 71 FR 
at 6448. The Department provided interested parties an opportunity to 
comment on its preliminary intent to revoke the orders, in part, with 
respect to certain wear plate products. We did not receive any 
comments. Therefore, the final results of these reviews are not 
different from the preliminary results, and the Department is revoking 
the orders, in part, with respect to certain wear plate products as 
described in the ``Scope of the Orders'' section of this notice.

Scope of the Orders

    The products covered by each of these orders are corrosion-
resistant carbon steel flat products (corrosion-resistant steel) from 
Canada and Germany, respectively. This scope includes flat-rolled 
carbon steel products, of rectangular shape, either clad, plated, or 
coated with corrosion-resistant metals such as zinc, aluminum, or zinc-
, aluminum-, nickel- or iron-based alloys, whether or not corrugated or 
painted, varnished or coated with plastics or other nonmetallic 
substances in addition to the metallic coating, in coils (whether or 
not in successively superimposed layers) and of a width of 0.5 inch or 
greater, or in straight lengths which, if of a thickness less than 4.75 
millimeters, are of a width of 0.5 inch or greater and which measures 
at least 10 times the thickness or if of a thickness of 4.75 
millimeters or more are of a width which exceeds 150 millimeters and 
measures at least twice the thickness, as currently classifiable in the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 
7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 
7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 
7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000, 
7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 
7217.90.5030, 7217.90.5060, and 7217.90.5090. Included in these orders 
are flat-rolled products of non-rectangular cross-section where such 
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. Excluded from 
these orders are flat-rolled steel products either plated or coated 
with tin, lead, chromium, chromium oxides, both tin and lead (``terne 
plate''), or both chromium and chromium oxides (``tin-free steel''), 
whether or not painted, varnished or coated with plastics or other 
nonmetallic substances in addition to the metallic coating. Also 
excluded from these orders are clad products in straight lengths of 
0.1875 inch or more in composite thickness and of a width which exceeds 
150 millimeters and measures at least twice the thickness. Also 
excluded from these orders are certain clad stainless flat-rolled 
products, which are three-layered corrosion-resistant carbon steel 
flat-rolled products less than 4.75 millimeters in composite thickness 
that consist of a carbon steel flat-rolled product clad on both sides 
with stainless steel in a 20[percnt]-60[percnt]-20[percnt] ratio. The 
HTSUS item numbers are provided for convenience and Customs purposes. 
The written description remains dispositive.
    On September 22, 1999, the Department issued the final results of a 
changed circumstances review partially revoking the order with respect 
to certain corrosion-resistant steel from Germany.\1\ This partial 
revocation applies to certain corrosion-resistant deep-drawing carbon 
steel strip, roll-clad on both sides with aluminum (AlSi) foils in 
accordance with St3 LG as to EN 10139/10140. The merchandise's chemical 
composition encompasses a core material of U St 23 (continuous casting) 
in which carbon is less than 0.08; manganese is less than 0.30; 
phosphorous is less than 0.20; sulfur is less than 0.015; aluminum is 
less than 0.01; and the cladding material is a minimum of 99[percnt] 
aluminum with silicon/copper/iron of less than 1[percnt]. The products 
are in strips with thicknesses of 0.07mm to 4.0mm (inclusive) and 
widths of 5mm to 800mm (inclusive). The thickness ratio of aluminum on 
either side of steel may range from 3[percnt]/94[percnt]/3[percnt] to 
10[percnt]/80[percnt]/10[percnt].
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    \1\ See Final Results of Changed Circumstances Antidumping Duty 
and Countervailing Duty Reviews and Revocation of Orders in Part: 
Certain Corrosion-Resistant Carbon Steel Flat Products from Germany, 
64 FR 51292 (September 22, 1999). The Department noted that the 
affirmative statement of no interest by petitioners, combined with 
the lack of comments from interested parties, is sufficient to 
warrant partial revocation.
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    As a result of these current changed circumstance reviews, also 
excluded from the scope of these orders are certain corrosion-resistant 
carbon steel flat products from Canada and Germany meeting the 
following description: certain flat-rolled wear plate ranging from 30 
inches to 50 inches in width, from 45 inches to 110 inches in length 
and from 0.187 inch to 0.875 inch in total thickness, having a layer on 
one side composed principally of a combination of boron carbides, 
chromium carbides, nickel carbides, silicon carbides, manganese 
carbides, niobium carbides, iron carbides, tungsten carbides, vanadium 
carbides, titanium carbides and/or molybdenum carbides fused to a non-
alloy flat-rolled steel substrate. The carbides are in the form of 
MxCx where ``M'' stands for the metal and ``x'' 
for the atomic ratio. An example of a common carbide would be 
(Cr7C3). The carbide layer is a visually distinct 
layer ranging in thickness from 0.062 inch to 0.312 inch with hardness 
at the surface of the carbide layer in excess of 55 HRC.

Final Results of Reviews and Revocation of Antidumping Duty Orders, In 
Part

    Pursuant to sections 751(d)(1) and 782(h)(2) of the Tariff Act of 
1930, as amended (the Act), the Department may revoke an antidumping 
duty order based on a review under section 751(b) of the Act (i.e., a 
changed circumstances review). Section 751(b)(1) of the Act requires a 
changed circumstances review to be conducted upon receipt of a request 
which shows changed circumstances sufficient to warrant a review.
    In the instant reviews, based on the information provided by 
Eutectic, and comments from domestic interested parties, the Department 
preliminarily found that the continued relief provided by the orders 
with respect to certain wear plate products from Canada and Germany is 
no longer of interest to the domestic industry. We did not receive any 
comments on our Preliminary Results. Therefore, the Department is 
revoking the orders on corrosion-resistant steel from Canada and 
Germany with regard to the products that meet the specifications 
detailed above.
    We will instruct U.S. Customs and Border Protection (CBP) to 
liquidate without regard to antidumping duties, and to refund any 
estimated antidumping duties collected on all unliquidated entries of 
certain wear plate products which are not covered by

[[Page 14500]]

the final results of an administrative review or automatic liquidation. 
The most recent period for which the Department has completed an 
administrative review, or ordered automatic liquidation, is August 1, 
2004, through July 31, 2005. Any prior entries are subject to either 
the final results of review or automatic liquidation. Therefore, we 
will instruct CBP to liquidate, without regard to antidumping duties, 
shipments of certain wear plate products entered, or withdrawn from 
warehouse, for consumption on or after August 1, 2005. We will also 
instruct CBP to pay interest on such refunds in accordance with section 
778 of the Act and 19 CFR 351.222(g)(4).
    These changed circumstances reviews, partial revocation of these 
antidumping duty orders and notice are in accordance with sections 
751(b) and (d) and 782(h) of the Act and section 351.216(e) and 
351.222(g)(1)(i) of the Department's regulations.

    Dated: March 13, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-4149 Filed 3-21-06; 8:45 am]
BILLING CODE 3510-DS-S