[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75673-75675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29528]


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DEPARTMENT OF COMMERCE

International Trade Administration

C-423-809


Stainless Steel Plate in Coils from Belgium: Final Results of 
Countervailing Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 6, 2008, the U.S. Department of Commerce (``the 
Department'') published in the Federal Register its preliminary results 
of the administrative review of the countervailing duty order on 
stainless steel plate in coils from Belgium for the period January 1, 
2006, through December 31, 2006.
    On November 6, 2008, the Department issued a post-preliminary 
interim analysis regarding certain additional information placed on the 
record of this administrative review shortly before and after the 
preliminary results were issued. The final results do not effectively 
differ from the preliminary results, where we found the net subsidy 
rate to be de minimis. See section below entitled ``Final Results of 
Review'' for further discussion.

EFFECTIVE DATE: December 12, 2008.

FOR FURTHER INFORMATION CONTACT: Alicia Winston or David Layton, AD/CVD 
Operations, Office 1, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-1785 and (202) 482-0371, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 75674]]

Background

    The following events have occurred since the publication of the 
preliminary results of this review. See Stainless Steel Plate in Coils 
from Belgium: Preliminary Results of Countervailing Duty Administrative 
Review, 73 FR 32303 (June 6, 2008) (``Preliminary Results'').
    On June 12, 2008, the Department extended the briefing and hearing 
schedules in order to provide parties with additional time to consider 
supplemental questionnaire responses received after the Preliminary 
Results, as well as the Department's post-preliminary analysis.
    As noted in the Preliminary Results, the Government of Belgium 
(``GOB'') failed to respond to the Department's April 3, 2008, 
supplemental questionnaire within the specified deadline. The GOB 
submitted its response to the Department's April 3, 2008, supplemental 
questionnaire, subsequent to the Preliminary Results, on July 7, 2008. 
On July 22, 2008, the Department rejected this response as untimely. 
However, on August 20, 2008, we informed the GOB that we would grant a 
final extension for the April 3, 2008, supplemental questionnaire 
response until September 2, 2008. The GOB refiled its response to the 
April 3, 2008, supplemental questionnaire on August 22, 2008.
    We sent an additional supplemental questionnaire to U&A on June 12, 
2008, and received U&A's response on July 9, 2008. On July 22, 2008, 
the Department rejected U&A's July 9, 2008, response on the grounds 
that it contained untimely factual information from the GOB. The 
Department requested that U&A resubmit its supplemental response 
without the untimely information. On July 28, 2008, counsel for U&A met 
with Departments officials to discuss this matter. U&A resubmitted its 
supplemental response on August 15, 2008, and September 8, 2008.
    On September 29, 2008, we extended the time limit for the final 
results of this administrative review by 60 days (to December 3, 2008), 
pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended 
(``the Act''). See Stainless Steel Plate in Coils from Belgium: 
Extension of Time Limit for the Final Results of the Eighth 
Countervailing Duty Administrative Review, 73 FR 56554 (September 29, 
2008).
    The Department issued its post-preliminary analysis on November 6, 
2008. See Memorandum to David M. Spooner from David Neubacher and 
Alicia Winston: Post Preliminary Findings (November 6, 2008) (Post-
Prelim Analysis). The Department received case briefs from U&A and the 
GOB on November 14, 2008. No rebuttal briefs were filed. The Department 
did not conduct a hearing in this review because none was requested.

Period of Review

    The period of review (``POR'') for which we are measuring subsidies 
is January 1, 2006, through December 31, 2006.

Scope of the Order

    The products covered by this order are imports of 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, 7219.12.00.05, 
7219.12.00.06, 7219.12.00.20, 7219.12.00.21, 7219.12.00.25, 
7219.12.00.26, 7219.12.00.50, 7219.12.00.51, 7219.12.00.55, 
7219.12.00.56, 7219.12.00.65, 7219.12.00.66, 7219.12.00.70, 
7219.12.00.71, 7219.12.00.80, 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 
Department's written description of the scope of this order remains 
dispositive.
    This scope language reflects the March 11, 2003, amendment of the 
antidumping and countervailing duty orders and suspension of 
liquidation which the Department implemented in accordance with the 
Court of International Trade (CIT) decision in Allegheny Ludlum v. 
United States, Slip Op. 02-147 (Dec. 12, 2002). See also Notice of 
Amended Antidumping Orders; Certain Stainless Steel Plate in Coils from 
Belgium, Canada, Italy, the Republic of Korea, South Africa, and 
Taiwan, 68 FR 11520 (March 11, 2003) and Amended CVD Order.

Period of Review

    The period for which we are measuring subsidies, i.e., the period 
of review (``POR''), is January 1, 2006, through December 31, 2006.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the December 3, 2008, Issues and Decision 
Memorandum for the Eighth Countervailing Duty Administrative Review of 
Stainless Steel Plate in Coils from Belgium (``Decision Memorandum''), 
from Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, which is hereby adopted by this notice. Attached to 
this notice as an appendix is a list of the issues which an interested 
party has raised and to which we have responded in the Decision 
Memorandum. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum, which is on file in the Department's Central Records Unit, 
Room 1117 of the main Department building (``CRU''). In addition, a 
complete version of the Decision Memorandum can be accessed directly on 
the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Final Results of Review

    We adjusted the subsidy rate calculation by using the revised sales 
value reported by U&A. See the Decision Memorandum and see the revised 
rate calculations in the Memorandum to the File, ``2006 Final Results 
Calculation Memorandum for U&A,'' dated December 3, 2008. In the 
Preliminary Results, we calculated a de minimis rate for U&A, and the 
rate we have calculated in these final results is still de minimis even 
though we have revised the sales denominator used in our calculations. 
For a complete analysis of the programs found to be countervailable, 
and the basis for the Department's determination, see the Decision 
Memorandum.

[[Page 75675]]

    We determine that the total net countervailing subsidy rate for U&A 
is 0.20 percent ad valorem for the period January 1, 2006, through 
December 31, 2006, which is de minimis pursuant to 19 CFR 
351.106(c)(1). The calculations will be disclosed to the interested 
parties in accordance with 19 CFR 351.224(b).

Assessment Rates

    Because the countervailing duty rate for U&A is de minimis, we will 
instruct U.S. Customs and Border Protection (``CBP'') to liquidate 
entries for U&A during the period January 1, 2006, through December 31, 
2006, without regard to countervailing duties in accordance with 19 CFR 
351.106(c). The Department will issue appropriate instructions directly 
to CBP 15 days after publication of these final results of this review.

Cash Deposits

    Since the countervailable subsidy rate for U&A is zero, the 
Department will instruct CBP to continue to suspend liquidation of 
entries, but to collect no cash deposits of estimated countervailing 
duties for U&A on all shipments of the subject merchandise that are 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this administrative review.
    For all non-reviewed firms, we will instruct CBP to collect cash 
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company. These rates 
shall apply to all non-reviewed companies until a review of a company 
assigned these rates is requested.
    This notice serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

APPENDIX

List of Comments and Issues in the Decision Memorandum

Comment 1: Threshold Requirements
Comment 2: Use of Facts Otherwise Available
Comment 3: SidInvest Benefit Calculation
Comment 4: Ongoing Scope Inquiry
[FR Doc. E8-29528 Filed 12-11-08; 8:45 am]
BILLING CODE 3510-DS-S