[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Notices]
[Pages 6519-6521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2220]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-423-806, C-351-818, C-201-810, C-469-804, C-401-804, A-423-805, A-
351-817, A-405-802, A-428-816, A-201-809, A-455-802, A-485-803, A-469-
803, A-401-805, A-412-814, A-583-080)


Revocation Pursuant to Second Five-Year (Sunset) Reviews: 
Countervailing Duty Orders on Certain Steel Products from Belgium, 
Brazil, Mexico, Spain and Sweden; Antidumping Duty Orders on Certain 
Cut-to-Length Carbon Steel Plate from Belgium, Brazil, Finland, 
Germany, Mexico, Poland, Romania, Spain, Sweden, and the United 
Kingdom; Antidumping Finding on Carbon Steel Plate from Taiwan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the International Trade 
Commission (the Commission) that revocation of the countervailing duty 
(CVD) orders on certain steel products from Belgium, Brazil, Mexico, 
Spain, and Sweden \1\; the antidumping duty (AD) orders on cut-to-
length carbon steel plate (CTL plate) from Belgium, Brazil, Finland, 
Germany, Mexico, Poland, Romania, Spain, Sweden, and the United 
Kingdom; and

[[Page 6520]]

the antidumping (AD) finding on carbon steel plate from Taiwan, would 
not be likely to lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseable time, the Department of Commerce (the Department) is 
publishing this notice of revocation of these CVD and AD orders and AD 
finding pursuant to Section 751(d)(2) of the Tariff Act of 1930 as 
amended (the Act).
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    \1\ Each of these countervailing duty orders on certain steel 
products covered certain cut-to-length plate only. See, e.g., 
Countervailing Duty Order and Amendment to Final Affirmative 
Countervailing Duty Determination: Certain Steel Products From 
Belgium 58 FR 43749 (August 17, 1993).

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EFFECTIVE DATE: December 15, 2005.

FOR FURTHER INFORMATION CONTACT: Deborah Scott, Jacqueline Arrowsmith, 
or Dana Mermelstein, AD/CVD Operations, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Ave., NW, Washington, DC 20230; telephone: 
(202) 482-2657, (202) 482-5255; (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 15, 2000, the Department published the continuation of 
the countervailing duty orders on CTL plate from Belgium, Brazil, 
Mexico, Spain, and Sweden; the antidumping duty orders on CTL plate 
from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, 
Sweden, and the United Kingdom; and the antidumping finding on carbon 
steel plate from Taiwan. See Continuation of Antidumping and 
Countervailing Duty Orders on Certain Carbon Steel Products from 
Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, 
South Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the 
United Kingdom, 65 FR 78469 (December 15, 2000)(Continuation 
Notice).\2\ On November 1, 2005, pursuant to section 751(c) of the Act 
and 19 CFR 351.218, the Department initiated, and the Commission 
instituted, the sunset reviews of these countervailing and antidumping 
duty orders, and antidumping finding, by publishing the respective 
notices of initiation in the Federal Register. See Initiation of Five-
Year (``Sunset'') Reviews, 70 FR 65884 (November 1, 2005) and Certain 
Carbon Steel Products From Australia, Belgium, Brazil, Canada, Finland, 
France, Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, 
Taiwan, and United Kingdom, 70 FR 62324 (October 31, 2005).
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    \2\ In addition to the continuations of the CTL plate orders, 
this notice included in the continuations of orders on corrosion-
resistant carbon steel flat products, which are not subject to the 
instant revocation notice.
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    As a result of the sunset reviews, the Department found that 
revocation of the countervailing duty orders would likely lead to 
continuation or recurrence of countervailable subsidies, and notified 
the Commission of the countervailing duty rates likely to prevail were 
the orders revoked. See Cut-to Length Carbon Steel Plate from Brazil: 
Final Results of Expedited Five-year (``Sunset'') Review of the 
Countervailing Duty Order, 71 FR 32522 (June 6, 2006); Cut-to Length 
Carbon Steel Plate from Mexico: Final Results of Expedited Five-year 
(``Sunset'') Review of the Countervailing Duty Order, 71 FR 32521 (June 
6, 2006); Cut-to Length Carbon Steel Plate from Spain: Final Results of 
Expedited Five-year (``Sunset'') Review of the Countervailing Duty 
Order, 71 FR 32523 (June 6, 2006). See also Cut-to Length Carbon Steel 
Plate from Belgium: Final Results of Full Sunset Review, 71 FR 58585 
(October 4, 2006); Final Results of Full Sunset Review: Cut-to-Length 
Carbon Steel Plate from Sweden, 71 FR 58587 (October 4, 2006).
    The Department also found that revocation of the antidumping duty 
orders and finding would likely lead to continuation or recurrence of 
dumping, and notified the Commission of the magnitude of the margins 
likely to prevail were the orders and finding to be revoked. See Cut-
to-Length Carbon Steel Plate from Belgium, Brazil, Finland, Germany, 
Mexico, Poland, Romania, Spain, Sweden, and the United Kingdom and 
Carbon Steel Plate from Taiwan; Second Five-year (Sunset) Reviews of 
Antidumping Duty Orders and Antidumping Finding; Final Results, 71 FR 
11577 (March 8, 2006).
    On December 14, 2006, the Commission determined that revocation of 
these countervailing and antidumping duty orders, and of the 
antidumping finding on carbon steel plate from Taiwan, would not be 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time, 
pursuant to section 751(c) of the Act. The Commission notified the 
Department and published its decision on January 31, 2007. See Certain 
Carbon Steel Products From Australia, Belgium, Brazil, Canada, Finland, 
France, Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, 
Taiwan, and the United Kingdom, 72 FR 4529 (January 31, 2007) and USITC 
Publication 3899 entitled Certain Carbon Steel Products from Australia, 
Belgium, Brazil, Canada, Finland, France, Germany, Japan, Korea, 
Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the United Kingdom: 
Investigation Nos. AA1921-197 (Second Review); 701-TA-319, 320, 325-
327, 348, and 350 (Second Review); and 731-TA-573, 574, 576, 578, 582-
587, 612, and 614-618 (Second Review) (January 2007).

Scope of the Countervailing Duty Orders (CTL Plate from Belgium, 
Brazil, Mexico, Spain and Sweden) and Antidumping Duty Orders (CTL 
Plate from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, 
Spain, Sweden, and the United Kingdom)

    The products covered by these countervailing and antidumping duty 
orders include 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 U.S. Harmonized Tariff Schedule (HTSUS) 
under item numbers 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, and 7212.50.0000. Included 
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 is 
grade X-70 plate. These HTSUS item numbers are provided for convenience 
and customs purposes. The written description remains dispositive.
    As a result of changed circumstances reviews with respect to 
Finland, Germany, and the United Kingdom,\3\ the

[[Page 6521]]

antidumping duty orders on all three countries and the countervailing 
duty order on the United Kingdom\4\ were partially revoked with respect 
to certain cut-to-length carbon steel plate with a maximum thickness of 
80 mm in steel grades BS 7191, 355 EM and 355 EMZ, as amended by Sable 
Offshore Energy Project specification XB MOO Y 15 0001, types 1 and 2.
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    \3\''See Certain Cut-To-Length Carbon Steel Plate from Finland, 
Germany and the United Kingdom: Final Results of Changed 
Circumstances Antidumping Duty and Countervailing Duty Reviews, and 
Revocation of Orders in Part, 64 FR 46343 (August 25, 1999).
    \4\The Department found that revocation would not be likely to 
lead to continuation or recurrence of countervailable subsidies and 
revoked the order on cut-to-length carbon steel plate from the 
United Kingdom. See Cut-to Length Carbon Steel Plate from the United 
Kingdom: Final Results of Full Sunset Review, 71 FR 58587 (October 
4, 2006).
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    As a result of a decision by the Court of International Trade,\5\ 
cut-to-length floor plate ``with patterns in relief derived directly 
from the rolling process'' was excluded from the scope of the 
countervailing duty and antidumping duty orders on CTL Plate from 
Belgium.
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    \5\ See Duferco Steel, Inc. v. United States, 26 CIT 1241 
(October 17, 2002).
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Scope of the Antidumping Finding (Carbon Steel Plate from Taiwan)

    The merchandise covered by this antidumping finding is hot-rolled 
carbon steel plate, 0.1875 inch or more in thickness, over 8 inches in 
width, not in coils, not pickled, not coated or plated with metal, not 
clad, other than black plate, and not pressed or stamped to 
nonrectangular shape. The merchandise under review is currently 
classifiable under items 7208.40.30.30, 7208.40.30.60, 7208.51.00.30, 
7208.51.00.45, 7208.51.00.60, 7208.52.00.00, 7208.90.00.00, 
7210.70.30.00, 7210.90.90.00, 7211.13.00.00, 7211.14.00.30, 
7211.14.00.45, 7211.90.00.00, 7212.40.10.00, 7212.40.50.00, and 
7212.50.00.00 of the HTSUS. Although the HTSUS subheading is provided 
for convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive.

Determination

    As a result of the determination by the Commission that revocation 
of these countervailing and antidumping duty orders, and antidumping 
finding, is not likely to lead to continuation or recurrence of 
material injury to an industry in the United States, the Department is 
revoking the countervailing duty orders on CTL plate from Belgium, 
Brazil, Mexico, Spain and Sweden; the antidumping duty orders on CTL 
plate from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, 
Spain, Sweden, and the United Kingdom; and the antidumping finding on 
carbon steel plate from Taiwan, pursuant to sections 751(c) and 751(d) 
of the Act. Pursuant to section 751(d)(2) of the Act and 19 CFR 
351.222(i)(2)(i), the effective date of revocation is December 15, 2005 
(i.e., the fifth anniversary of the date of publication in the Federal 
Register of the Continuation Notice). The Department will notify U.S. 
Customs and Border Protection to discontinue suspension of liquidation 
and collection of cash deposits on entries of the subject merchandise 
entered or withdrawn from warehouse on or after December 15, 2005, the 
effective date of revocation of these countervailing and antidumping 
duty orders, and antidumping finding. The Department will complete any 
pending administrative reviews of these orders or finding and will 
conduct administrative reviews of subject merchandise entered prior to 
the effective date of revocation in response to appropriately filed 
requests for review.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    These revocations pursuant to five-year sunset reviews and this 
notice are in accordance with sections 751(c) and 751(d)(2) of the Act 
and are published pursuant to section 777(i)(1) of the Act.

    Dated: February 2, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7-2220 Filed 2-9-07; 8:45 am]
Billing Code: 3510-DS-S