[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Notices]
[Pages 57627-57629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26940]


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

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 4, 2009, 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 (``SSPC'') from Belgium for the period 
January 1, 2007, through December 31, 2007. See Stainless Steel Plate 
in Coils from Belgium: Preliminary Results of Countervailing Duty 
Administrative Review, 74 FR 26844 (June 4, 2009) (``Preliminary 
Results'').
    On September 16, 2009, the Department issued a post-preliminary 
analysis regarding certain additional information placed on the record 
of this administrative review after the Preliminary Results were 
issued. We provided interested parties an opportunity to comment on our 
Preliminary Results and our post-preliminary analysis. The final 
results do not differ from the Preliminary Results, where we found the 
net subsidy rate to be zero.

DATES: Effective Date: November 9, 2009.

FOR FURTHER INFORMATION CONTACT: Alexander Montoro or Mary Kolberg, AD/
CVD Operations, Office 1, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-0238 and (202) 482-1785, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The following events have occurred since the publication of the 
Preliminary Results of this review. On July 9, 2009, the Department 
extended the briefing and hearing schedules in order to provide parties 
with additional time to consider the results of the Department's post-
preliminary analysis.
    As noted in the Preliminary Results, the Government of Belgium 
(``GOB'') requested an extension to file its response to the 
Department's May 4, 2009, supplemental questionnaire, which we granted. 
See Preliminary Results at 26844. The GOB submitted

[[Page 57628]]

that response on July 6, 2009. On September 16, 2009, the Department 
issued a post-preliminary analysis regarding a research and development 
program administered by the Institute for the Promotion of Innovation 
by Science and Technology in Flanders. See Memorandum to Carole A. 
Showers, Acting Deputy Assistant Secretary for Policy and Negotiations, 
from David Layton and Mary Kolberg: Post-Preliminary Findings 
(September 18, 2008) (``Post-Prelim Analysis'').
    On September 25, 2009, we extended the time limit for the final 
results of this administrative review by 30 days (to November 2, 2009), 
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 Ninth 
Countervailing Duty Administrative Review, 74 FR 48904 (September 25, 
2009).
    The Department received case briefs from ArcelorMittal Stainless 
Belgium (``AMS Belgium'') \1\ and the GOB on September 29, 2009. No 
rebuttal briefs were filed. The Department did not conduct a hearing in 
this review because none was requested.
---------------------------------------------------------------------------

    \1\ The review was originally requested by U&A Belgium. The 
company previously known as U&A Belgium stated in questionnaire 
responses that its name changed to ArcelorMittal Stainless Belgium 
(``AMS Belgium'') during the period of review (``POR'') pursuant to 
the merger of Mittal Steel NV with Arcelor S.A. completed on 
November 11, 2007. See AMS Belgium Questionnaire Response dated 
October 22, 2008 (``AMS QR'') at page 1, footnote 1, and page 4, 
footnote 2.
---------------------------------------------------------------------------

Period of Review

    The period of review (``POR'') for which we are measuring subsidies 
is January 1, 2007, through December 31, 2007.

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 \2\ 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.
---------------------------------------------------------------------------

    \2\ On May 11, 2007, the Department received a scope inquiry 
request from U&A Belgium regarding whether the scope of the orders 
on SSPC from Belgium excludes stainless steel products with an 
actual thickness less than 4.75 mm, regardless of its nominal 
thickness. The Department conducted a scope inquiry applicable to 
all countries subject to the SSPC antidumping and countervailing 
duty orders. In the Department's scope ruling, dated December 3, 
2008, the Department determined that SSPC with a nominal thickness 
of 4.75 mm, but with an actual thickness less than 4.75 mm, and 
within the dimensional tolerances for this thickness of plate, is 
included in the scope of the antidumping duty orders on SSPC from 
Belgium, Italy, South Africa, the Republic of Korea, and Taiwan and 
countervailing duty orders on SSPC from Belgium and South Africa. 
See Memorandum from Melissa G. Skinner to Stephen J. Claeys titled 
``Stainless Steel Plate in Coils from Belgium: Final Scope Ruling,'' 
dated December 3, 2008.
---------------------------------------------------------------------------

    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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the November 2, 2009, Issues and Decision 
Memorandum for the Final Results of the Ninth (2007) Administrative 
Review of the Countervailing Duty Order on Stainless Steel Plate in 
Coils from Belgium (``Decision Memorandum''), from John M. Andersen, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Acting 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 interested 
parties have 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 find that AMS Belgium, the only producer/exporter subject to 
this administrative review, had no countervailable subsidies during the 
POR. Therefore, for the period January 1, 2007, through December 31, 
2007, we determine the net subsidy rate for AMS Belgium to be 0.00 
percent ad valorem.

Assessment Rates

    Because the countervailing duty rate for AMS Belgium is zero, we 
will instruct U.S. Customs and Border Protection (``CBP'') to liquidate 
shipments of SSPC by AMS Belgium \3\ during the period January 1, 2007, 
through December 31, 2007, 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. However, pursuant to an injunction 
issued in ArcelorMittal Stainless Belgium N.V. v. United States, U.S. 
Court of International Trade Case No. 08-00434, on January 16, 2009, 
the Department must continue to suspend liquidation of entries made by 
AMS Belgium pending a conclusive court decision in that action.
---------------------------------------------------------------------------

    \3\ During the current review AMS Belgium has placed the 
following information on the record. In 2006, U&A Belgium's parent 
company, Arcelor S.A., agreed to merge with Mittal Steel N.V. This 
merger was completed on November 13, 2007. As a result of this 
merger, U&A Belgium became AMS Belgium on November 13, 2007. The 
Department has reviewed the information provided by AMS Belgium with 
regard to the merger and evaluated the company and its affiliates 
for receipt of countervailable subsidies. In addition, we have 
reviewed entry data provided by CBP to confirm that U&A Belgium is 
the only manufacturer of subject merchandise exported from Belgium 
during the POR. For countervailing duty review purposes, we will 
consider U&A Belgium to be AMS Belgium for cash deposit purposes. 
Since the merger happened during the POR, we will issue assessment 
instructions for both U&A Belgium and AMS Belgium.
---------------------------------------------------------------------------

Cash Deposits

    Since the countervailable subsidy rate for AMS Belgium is zero, the 
Department will instruct CBP to

[[Page 57629]]

continue to suspend liquidation of entries, but to collect no cash 
deposits of estimated countervailing duties for AMS Belgium 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: November 2, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

APPENDIX

List of Comments and Issues in the Decision Memorandum

    Comment 1: Error in the Department's Draft Liquidation 
Instructions
    Comment 2: Department's Authority to Investigate IWT Program

[FR Doc. E9-26940 Filed 11-6-09; 8:45 am]
BILLING CODE 3510-DS-P