[Federal Register Volume 71, Number 59 (Tuesday, March 28, 2006)]
[Notices]
[Pages 15380-15382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4482]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-823]


Stainless Steel Plate in Coils from Italy: Final Results of 
Countervailing Duty Changed Circumstances Review and Revocation of 
Countervailing Duty Order, in Whole

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce is revoking the countervailing duty 
order on stainless steel plate in coils from Italy because we have 
concluded that substantially all domestic producers lack interest in 
the relief provided by this order.

EFFECTIVE DATE: March 28, 2006.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Audrey R. Twyman, 
AD/CVD Operations, Office 1, Import Administration, International

[[Page 15381]]

Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
0182 and (202) 482-3534, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 11, 1999, the Department of Commerce (the ``Department'') 
published a countervailing duty (``CVD'') order on stainless steel 
plate in coils (``SSPC'') from Italy. See Notice of Amended Final 
Determinations: Stainless Steel Plate in Coils from Belgium and South 
Africa; and Notice of Countervailing Duty Orders: Stainless Steel Plate 
in Coils from Belgium, Italy and South Africa, 64 FR 25288 (May 11, 
1999). The order was amended on March 11, 2003. See Notice of Amended 
Countervailing Duty Orders; Certain Stainless Steel Plate in Coils from 
Belgium, Italy, and South Africa, 68 FR 11524 (March 11, 2003). The 
amended order was corrected on April 24, 2003. See Certain Stainless 
Steel Plate in Coils from Belgium, Italy, and South Africa; Notice of 
Correction to the Amended Countervailing Duty Orders, 68 FR 20115 
(April 24, 2003).
    On December 2, 2005, the Department received a request from 
Allegheny Ludlum Corporation and AK Steel Corporation, two of the 
petitioners in the original investigation, that the Department initiate 
a changed circumstances review for purposes of revoking the CVD order. 
Specifically, Allegheny Ludlum Corporation and AK Steel Corporation 
requested that the CVD order be revoked ab initio and that the 
Department fully refund any countervailing duties deposited pursuant to 
the order on unliquidated entries. Allegheny Ludlum Corporation and AK 
Steel Corporation state that they are no longer interested in 
maintaining the CVD order or in the imposition of countervailing duties 
on the subject merchandise.
    On January 4, 2006, the Department published a notice of initiation 
of a changed circumstances review of the CVD order on SSPC from Italy. 
See Stainless Steel Plate in Coils from Italy: Initiation of 
Countervailing Duty Changed Circumstances Review and Notice of 
Consideration of Revocation of Order, 71 FR 328 (January 4, 2006) 
(``Initiation Notice''). In the Initiation Notice, we indicated 
interested parties could submit comments. No comments were received.
    On February 14, 2006, the Department preliminarily revoked the 
order effective September 4, 1998. See Stainless Steel Plate in Coils 
from Italy: Preliminary Results of Countervailing Duty Changed 
Circumstances Review and Intent to Revoke Order, 71 FR 7736 (February 
14, 2006) (``Preliminary Results''). In the Preliminary Results, we 
again afforded interested parties an opportunity to submit comments. We 
did not receive any comments following the publication of the 
Preliminary Results.

Scope of the Order

    The product covered by this order is certain stainless steel plate 
in coils. Stainless steel is an alloy steel containing, by weight, 1.2 
percent or less of carbon and 10.5 percent or more of chromium, with or 
without other elements. The subject plate products are flat-rolled 
products, 254 mm or over in width and 4.75 mm or more in thickness, in 
coils, and annealed or otherwise heat treated and pickled or otherwise 
descaled. The subject plate may also be further processed (e.g., cold-
rolled, polished, etc.) provided that it maintains the specified 
dimensions of plate following such processing. Excluded from the scope 
of this order are the following: (1) Plate not in coils, (2) plate that 
is not annealed or otherwise heat treated and pickled or otherwise 
descaled, (3) sheet and strip, and (4) flat bars. The merchandise 
subject to this order is currently classifiable in the Harmonized 
Tariff Schedule of the United States (``HTSUS'') at subheadings: 
7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 7219.12.00.21, 
7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 7219.12.00.66, 
7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 7219.90.00.10, 
7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 
7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 
7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 
7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15, 
7220.90.00.60, and 7220.90.00.80. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the merchandise subject to this order is dispositive.

Final Results of Review and Revocation of the Countervailing Duty 
Order, in Whole

    Pursuant to section 751(d)(1) of the 1930 Tariff Act, as amended 
(the ``Act''), and 19 CFR 351.222(g), the Department may revoke an 
antidumping or CVD order, in whole or in part, 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 that shows changed circumstances 
sufficient to warrant a review. Section 782(h)(2) of the Act gives the 
Department the authority to revoke an order if producers accounting for 
substantially all of the production of the domestic like product have 
expressed a lack of interest in the continuation of the order. Section 
351.222(g) of the Department's regulations provides that the Department 
will conduct a changed circumstances administrative review under 19 CFR 
351.216, and may revoke an order (in whole or in part), if it concludes 
that (i) producers accounting for substantially all of the production 
of the domestic like product to which the order pertains have expressed 
a lack of interest in the relief provided by the order, in whole or in 
part, or (ii) other changed circumstances sufficient to warrant 
revocation exist. The Department has interpreted ``substantially all'' 
production normally to mean at least 85 percent of domestic production 
of the like product. See Certain Tin Mill Products From Japan: Final 
Results of Changed Circumstances Review, 66 FR 52109 (October 12, 
2001).
    As noted above and in the Preliminary Results, Allegheny Ludlum 
Corporation and AK Steel Corporation requested this changed 
circumstances review on the basis that they are no longer interested in 
maintaining the CVD order or in the imposition of CVD duties on the 
subject merchandise. Also, the parties to the litigation concerning 
these entries have agreed to withdraw their appeals.
    Because the Department did not receive any comments in response to 
the Initiation Notice or the Preliminary Results opposing this changed 
circumstances review or the preliminary decision to revoke, in whole, 
the CVD order effective September 4, 1998, we find that producers 
accounting for substantially all of the production of the domestic like 
product to which this order pertains lack interest in the relief 
provided by the order. In accordance with sections 751(b), 751(d), and 
782(h) of the Act and 19 CFR 351.216 and 351.222(g), the Department 
determines that there is a reasonable basis to find that changed 
circumstances exist sufficient to warrant revocation of the order. 
Therefore, the Department is revoking the order on SSPC from Italy, in 
whole, with regard to the products described above under the ``Scope of 
the Order'' section.

Instructions to U.S. Customs and Border Protection

    In accordance with 19 CFR 351.222(g), upon dismissal by the court 
of all pending appeals involving the

[[Page 15382]]

subject merchandise as described above under the ``Scope of the Order'' 
section, the Department will instruct U.S. Customs and Border 
Protection (``CBP'') to liquidate without regard to countervailing 
duties, all unliquidated entries of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after September 4, 
1998, i.e., the publication date of the Department's Preliminary 
Determination in the underlying investigation. In accordance with 
section 778 of the Act, we will also instruct CBP to pay interest on 
any refunded CVD deposits with respect to the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after May 
11, 1999, the date of publication in the Federal Register of the CVD 
order.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. See 19 CFR 351.305. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation. See 19 USC 1677f and 19 CFR Part 354.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 
351.216, 351.221, and 351.222.

    Dated: March 21, 2006.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-4482 Filed 3-27-06; 8:45 am]
BILLING CODE 3510-DS-S