[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Notices]
[Pages 31288-31289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10908]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-830]


Stainless Steel Bar From Italy: Final Results of Expedited Five-
Year (``Sunset'') Review of the Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On February 1, 2007, the Department of Commerce (``the 
Department'') published in the Federal Register the notice of 
initiation of the five-year sunset review of the countervailing duty 
order on stainless steel bar (``SSB'') from Italy, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``the Act''). See 
Initiation of Five-Year (``Sunset'') Reviews, 72 FR 4689 (February 1, 
2007) (``Sunset Review''). The Department has conducted an expedited 
sunset review of this order pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, 
the Department finds that revocation of the countervailing duty order 
is likely to lead to continuation or recurrence of a countervailable 
subsidy at the levels indicated in the ``Final Results of Review'' 
section of this notice.

DATES: Effective Date: June 6, 2007.

FOR FURTHER INFORMATION CONTACT: Audrey R. Twyman or Brandon Farlander, 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-3534 
or (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2007, the Department initiated this sunset review of 
the countervailing duty order on SSB from Italy, pursuant to section 
751(c) of the Act. See Initiation of Five-year (``Sunset'') Reviews, 72 
FR 4689 (February 1, 2007). The Department received the Notice of 
Intent to Participate from Carpenter Technology Corp.; Crucible 
Specialty Metals Division of Crucible Materials Corp.; Electralloy; 
Outokumpu Stainless Bar, Inc.; Universal Stainless & Alloy Products, 
Inc.; and Valbruna Slater Stainless, Inc. (collectively ``the domestic 
interested parties''), within the deadline specified in section 
351.218(d)(1)(i) of the Department's Regulations (``Sunset 
Regulations''). The domestic interested parties claimed interested 
party status under section 771(9)(C) of the Act, as manufacturers of a 
domestic-like product in the United States.
    On February 28, 2007, the Department received a complete 
substantive response to the notice of initiation from the Delegation of 
the European Commission (``EC''). On March 1, 2007, the Department 
received a complete substantive response from Cogne Acciai Speciali 
S.r.l. (``CAS''), a foreign producer and exporter of subject 
merchandise during this review. On March 5, 2007, the Department 
received complete substantive responses from the domestic interested 
parties and from the Government of Italy (``GOI''). CAS claimed 
interested party status under section 771(9)(A) as a foreign producer 
and exporter of the subject merchandise. The GOI and EC expressed their 
intent to participate in this review as the authorities responsible for 
defending the interests of the Italian industry.
    We find that CAS accounted for less than 50 percent of the exports 
to the United States by companies subject to this order, the level that 
the Department normally considers to be an adequate response to the 
notice of initiation by respondent interested parties under 19 CFR 
351.218(e)(1)(ii)(A). In addition, a government response alone, 
normally, is not sufficient for full sunset reviews in which the orders 
are not done on an aggregate basis. See, e.g., Final Results of 
Expedited Sunset Reviews of Countervailing Duty Orders: Pure Magnesium 
and Alloy Magnesium from Canada, 70 FR 67140 (November 4, 2005). 
Therefore, we conducted an expedited (120-day) sunset review of the CVD 
order on stainless steel bar from Italy as provided for at section 
751(c)(3)(B) of the Act and at section 351.218(e)(1)(ii)(C)(2) of the 
Department's regulations. See Memorandum from Damian Felton to Susan 
Kuhbach entitled, ``Adequacy Determination: Sunset Review of the 
Countervailing Duty Order on Stainless Steel Bar from Italy'' (March 
23, 2007). On April 12, 2007, we received a letter from domestic 
interested parties stating that they agree with the Department's 
decision to conduct an expedited review of this order.
    On March 12, 2007, the domestic interested parties filed a rebuttal 
to the substantive responses of CAS, the GOI, and the EC. CAS, the GOI, 
and the EC did not file rebuttals. The Department did not conduct a 
hearing because a hearing was not requested.

[[Page 31289]]

Scope of the Order

    For the purposes of this order, the term ``stainless steel bar'' 
includes articles of stainless steel in straight lengths that have been 
either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise 
cold-finished, or ground, having a uniform solid cross section along 
their whole length in the shape of circles, segments of circles, ovals, 
rectangles (including squares), triangles, hexagons, octagons, or other 
convex polygons. Stainless steel bar includes cold-finished stainless 
steel bars that are turned or ground in straight lengths, whether 
produced from hot-rolled bar or from straightened and cut rod or wire, 
and reinforcing bars that have indentations, ribs, grooves, or other 
deformations produced during the rolling process.
    Except as specified above, the term does not include stainless 
steel semi-finished products, cut length flat-rolled products (i.e., 
cut length rolled products which if less than 4.75 mm in thickness have 
a width measuring at least 10 times the thickness, or if 4.75 mm or 
more in thickness having a width which exceeds 150 mm and measures at 
least twice the thickness), products that have been cut from stainless 
steel sheet, strip or plate, wire (i.e., cold-formed products in coils, 
of any uniform solid cross section along their whole length, which do 
not conform to the definition of flat-rolled products), and angles, 
shapes and sections.
    The stainless steel bar subject to this review is currently 
classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 
7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 
7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of 
the United States (``HTSUS''). Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.

Analysis of Comments Received

    All issues raised in substantive responses by parties in this 
sunset review are addressed in the ``Issues and Decision Memo for the 
Expedited Sunset Review of the Countervailing Duty Order on Stainless 
Steel Bar from Italy; Final Results,'' (``Decision Memo''), from 
Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, dated June 1, 2007, which is hereby adopted by this 
notice. The issues discussed in the Decision Memo include the 
likelihood of continuation or recurrence of a countervailable subsidy, 
the net countervailable subsidy rate likely to prevail if the order 
were revoked, and the nature of the subsidies.
    Parties can find a complete discussion of all issues raised in this 
sunset review and the corresponding recommendation in this public 
memorandum which is on file in B-099, the Central Records Unit, of the 
main Commerce building. In addition, a complete version of the Decision 
Memo can be accessed directly on the Department's Web page at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of 
the Decision Memo are identical in content.

Final Results of Review

    The Department determines that revocation of the countervailing 
duty order on SSB from Italy is likely to lead to continuation or 
recurrence of countervailable subsidies at the following countervailing 
duty rates:

------------------------------------------------------------------------
                                                             Net subsidy
                   Manufacturer/exporter                        rate
                                                              (percent)
------------------------------------------------------------------------
Cogne Acciai Speciali S.r.l...............................          1.57
All Others................................................         12.93
------------------------------------------------------------------------

Notification Regarding Administrative Protective Orders

    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 19 CFR 351.305(a)(3). Timely 
notification of the return or destruction of APO materials or 
conversion to 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: May 31, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
 [FR Doc. E7-10908 Filed 6-5-07; 8:45 am]
BILLING CODE 3510-DS-P