[Federal Register Volume 71, Number 140 (Friday, July 21, 2006)]
[Notices]
[Pages 41424-41425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11622]


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DEPARTMENT OF COMMERCE

International Trade Administration

C-423-806


Preliminary Results of Full Sunset Review: Cut-to-Length Carbon 
Steel Plate from Belgium

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 1, 2005, the Department of Commerce (the 
Department) initiated a sunset review of the countervailing duty (CVD) 
order on cut-to-length carbon steel plate from Belgium, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act). On the 
basis of a notice of intent to participate and an adequate substantive 
response filed on behalf of the domestic interested parties and 
adequate responses from respondent interested parties, the Department 
determined to conduct a full sunset review of this CVD order pursuant 
to section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of 
our analysis, the Department preliminarily 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 ``Preliminary 
Results of Review'' section of this notice.

EFFECTIVE DATE: July 21, 2006.

FOR FURTHER INFORMATION CONTACT: Martha Douthit or Sean Carey, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5050 or (202) 482-3964, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2005, the Department initiated the second sunset 
review of the CVD order on cut-to-length carbon steel plate (CTL plate) 
from Belgium, pursuant to section 751(c) of the Act. See Initiation of 
Five-year (``Sunset'') Reviews, 70 FR 65884 (November 1, 2005). The 
Department received notices of intent to participate from the following 
domestic interested parties: Oregon Steel Mills, IPSCO Steel Inc., 
Mittal Steel USA Inc., Nucor Corporation, United Steel, Paper and 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service 
Workers International Union, AFL-CIO-CLC (USW) (hereinafter, 
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 sections 771 (9)(C) and (D) of 
the Act, as domestic producers of CTL plate in the United States or as 
a certified union which is representative of an industry engaged in the 
manufacture, production, or wholesale of CTL plate in the United 
States. The Department received substantive responses from the domestic 
interested parties and the following respondent interested parties: the 
Government of Belgium (GOB), the European Union Delegation of the 
European Commission (the EC), Duferco Clabecq S.A. (Duferco), which 
purchased Forges de Clabecq S.A.(Clabecq), and Arcelor S.A., claiming 
to be the successor-in-interest to both Fabrique de Fer de Charleroi 
(Fafer)\1\ and Cockerill Sambre (Cockerill).\2\
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    \1\ In other proceedings under this order, Fafer has at times 
been referred to as ``Fabfer.''
    \2\ Although Duferco reported that it purchased Forges de 
Clabecq S.A., and Arcelor claims to be successor-in-interest to the 
other two original respondent companies, the Department has not made 
a determination in the past that Duferco and Arcelor are the 
successors-in-interest to the respective respondent companies and is 
not making such a determination in this sunset review. However, we 
have considered in this sunset review the historical information 
provided with respect to Duferco and Arcelor for purposes of our 
privatization and change-in-ownership analyses. See Memorandum to 
Stephen J. Claeys, Deputy Assistant Secretary, Import 
Administration, Re: Sunset Review of Countervailing Duty Order on 
Cut-to-Length Carbon Steel Plate from Belgium; Analysis of Changes 
in Ownership, dated concurrently with this notice and on file in the 
Central Records Unit, Room B-099 of the Department of Commerce 
building (CRU).
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    On December 21, 2005, the Department determined that the 
participation of the respondent interested parties was adequate, and 
that it was appropriate to conduct a full sunset review. See Memorandum 
to Steven J. Claeys, Deputy Assistant Secretary, Import Administration, 
Re: Adequacy Determination; Sunset Review of the Countervailing Duty 
Order on Cut-to-Length Carbon Steel Plate from Belgium dated December 
21, 2005, and on file in CRU. On February 10, 2006, the Department 
extended the time limit for the preliminary and final results of the 
sunset review of the CVD order on CTL plate from Belgium. See Cut-to-
Length Carbon Steel Plate from Belgium, Sweden, and the United Kingdom; 
Extension of Time Limits for Preliminary and Final Results of Full 
Five-year (``Sunset'') Reviews of Countervailing Duty Orders, 71 FR 
7017. The Department extended the preliminary results to no later than 
July 14, 2006, and the final results to no later than September 27, 
2006.

Scope Of The Order

    The product subject to this CVD order includes hot-rolled carbon 
steel universal mill plates (i.e., flat-rolled products rolled on four 
faces or in a closed box pass, of a width exceeding 150 millimeters but 
not exceeding 1,250 millimeters and of a thickness of not less than 4 
millimeters, not in coils and without patterns in relief), of 
rectangular shape, neither clad, plated, nor coated with metal, whether 
or not painted, varnished, or coated with plastics or other nonmetallic 
substances; and certain hot-rolled carbon steel flat-rolled products in 
straight lengths, of rectangular shape, hot rolled, neither clad, 
plated, nor coated with metal, whether or not painted, varnished, or 
coated with plastics or other nonmetallic substances, 4.75 millimeters 
or more in thickness and of a width which exceeds 150 millimeters and 
measures at least twice the thickness, as currently classifiable in the 
United States Harmonized Tariff Schedule (``HTS'') under item numbers: 
7208.31.0000, 7208.32.0000, 7208.33.1000, 7208.33.5000, 7208.41.0000, 
7208.42.0000, 7208.43.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 
7211.11.0000, 7211.12.0000, 7211.21.0000, 7211.22.0045,

[[Page 41425]]

7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.5000. Included in 
this CVD order 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 this order is grade X-70 plate. The HTS item numbers are 
provided for convenience and customs purposes. The written description 
remains dispositive.
    The Court of Appeals for the Federal Circuit found, in Duferco 
Steel, Inc. v. United States, 296 F.3d 1087 (July 12, 2002), that 
imported floor plate is excluded from this CVD order on steel plate.

Analysis Of Comments Received

    All issues raised in this review are addressed in the Preliminary 
Issues and Decision Memorandum from Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, to David M. Spooner, Assistant 
Secretary for Import Administration (Preliminary Decision Memorandum), 
dated concurrently with this notice and 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 
Preliminary Decision Memorandum can be accessed directly on the Web at 
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results Of Review

    The Department preliminarily determines that revocation of the CVD 
order would likely lead to continuation or recurrence of a 
countervailable subsidy. The net countervailable subsidy likely to 
prevail if the order were revoked is:

------------------------------------------------------------------------
                                                              Net
                 Producers/exporters                    Countervailable
                                                       Subsidy (percent)
------------------------------------------------------------------------
Cockerill...........................................                2.82
Fafer...............................................                0.56
All others (including Clabecq)......................                0.50
------------------------------------------------------------------------

    Interested parties may submit case briefs and hearing requests no 
later than two weeks after the date of publication of these preliminary 
results, in accordance with 19 CFR 351.309(c)(1)(i) and 19 CFR 
351.310(c). Rebuttal briefs, which must be limited to issues raised in 
the case briefs, may be filed not later than five days from the filing 
of the case briefs, in accordance with 19 CFR 351.309(d). If a hearing 
is requested, parties will be notified of the date, time and location. 
The Department will issue a notice of final results of this sunset 
review no later than September 27, 2006, which will include the results 
of its analysis of issues raised in any such comments.
    We are issuing and publishing these preliminary results and notice 
in accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: July 14, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-11622 Filed 7-20-06; 8:45 am]
BILLING CODE 3510-DS-S