[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Notices]
[Pages 58585-58587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16390]


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DEPARTMENT OF COMMERCE

International Trade Administration

C-423-806


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

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 (CTL 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). On July 
21, 2006, the Department published the preliminary results in this 
review and invited interested parties to comment on those results. See 
Preliminary Results of Full Sunset Review: Cut-to-Length Carbon Steel 
Plate From Belgium, 71 FR 41424 (Preliminary Results). As a result of 
our analysis, the Department 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 ``Final Results 
of Review'' section of this notice.

EFFECTIVE DATE: October 4, 2006.

FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office 
6, Import Administration, International Trade Administration, U.S. 
Department

[[Page 58586]]

of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-3964.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2005, the Department initiated the second sunset 
review of the CVD order on 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). 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 the Central Records 
Unit, Room B-099 of the Department of Commerce building (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. On July 21, 2006, the 
Department published its Preliminary Results of Full Sunset Review: 
Cut-to-Length Carbon Steel Plate from Belgium, 71 FR 41424 (Preliminary 
Results). In our Preliminary Results, we found that revocation of the 
order would likely lead to continuation or recurrence of 
countervailable subsidies on the subject merchandise.
    Interested parties were invited to comment on our Preliminary 
Results. On August 4, 2006, we received a timely case brief from the 
Government of Belgium (GOB). On August 7, 2006, we received timely case 
briefs from Duferco Clabecq S.A. (Duferco), which purchased Forges de 
Clabecq S.A.(Clabecq), and Arcelor S.A. (Arcelor), claiming to be the 
successor-in-interest to both Fabrique de Fer de Charleroi (Fafer)\1\ 
and Cockerill Sambre (Cockerill).\2\ We received no comments from 
domestic interested parties.
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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 Clabecq, 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 July 14, 2006, 
incorporated in the Preliminary Results and on file in the CRU.
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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, 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 Issues and 
Decision Memorandum for Final Results of Full Sunset Review of the 
Countervailing Duty Order on Cut-to-length Carbon Steel Plate from 
Belgium from Steven J. Claeys, Deputy Assistant Secretary for Import 
Administration, to James C. Leonard III, Acting Assistant Secretary for 
Import Administration (Final Decision Memorandum), dated concurrently 
with this notice and which is hereby adopted by this notice. The issues 
discussed in the Final Decision Memorandum include the likelihood of 
continuation or recurrence a countervailable subsidy; the net 
countervailable subsidy likely to prevail; privatization of Cockerill; 
and, nature of the subsidy. 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 CRU. In addition, a 
complete version of the Final Decision Memorandum can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn. The paper and 
electronic versions of the Final Decision Memorandum are identical in 
content.

Final Results Of Review

    The Department determines that revocation of the CVD order would 
likely lead to continuation or recurrence of a countervailable subsidy. 
As discussed more fully in the Final Decision Memorandum, we find that 
certain countervailable subsidies continue to be in existence. 
Accordingly, we find the net countervailable subsidy likely to prevail 
if the order were revoked to be:

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

International Trade Commission (ITC) Notification

    In accordance with section 752(b)(3) of the Act, we will notify the 
ITC of the final results of this full sunset review.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with section 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to

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judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(c), 752, and 777(i) of the Act.

    Dated: September 27, 2006.
James C. Leonard III,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-16390 Filed 10-3-06; 8:45 am]
BILLING CODE 3510-DS-S