[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25666-25668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11002]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-423-809]


Stainless Steel Plate in Coils from Belgium: Final Results of 
Full Sunset Review and Revocation of the Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 2, 2010, the Department of Commerce (``the 
Department'') initiated the second sunset review of the countervailing 
duty (``CVD'') order on certain stainless steel plate in coils from 
Belgium (``SSPC'' or ``subject merchandise'') 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 substantive responses from ArcelorMittal Stainless Belgium 
N.V. (``AMS'') and the Government of Belgium (``GOB''), the Department 
determined to conduct a full sunset review of the CVD order pursuant to 
section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of our 
analysis, the Department finds that revocation of the CVD order would 
not likely lead to continuation or recurrence of a countervailable 
subsidy. Therefore, the Department is revoking this CVD order.

DATES: Effective Date: May 5, 2011.

FOR FURTHER INFORMATION CONTACT: Patricia Tran or Jennifer Meek, AD/CVD 
Operations, Office 1, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-1503 or (202) 482-2778.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2010, the Department initiated the second sunset review 
of the CVD order on SSPC from Belgium in accordance with section 751(c) 
of the Act. See Initiation of Five-Year (``Sunset'') Review, 75 FR 
30777 (June 2, 2010).

[[Page 25667]]

    Within the deadline specified in 19 CFR 351.218(d)(1)(i), the 
Department received notices of intent to participate on behalf of 
Allegheny Ludlum Corporation and the United Steel, Paper and Forestry, 
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers 
International Union (collectively, ``Petitioners''). The submitters 
claimed interested party status under sections 771(9)(C) and (D) of the 
Act, as a manufacturer of a domestic like product and as a certified 
union representing workers in the domestic industry producing certain 
SSPC, respectively. The Department received a substantive response from 
Petitioners within the deadline specified in 19 CFR 351.218(d)(3)(i). 
The Department also received substantive responses in a timely manner 
from the following respondent interested parties: AMS and the GOB. 
Timely rebuttal comments were received from Petitioners, AMS and the 
GOB on July 9, 2010. On July 22, 2010, after analyzing the submissions 
and rebuttals from interested parties and finding the substantive 
responses adequate, the Department determined to conduct a full sunset 
review. See Memorandum from Yasmin Nair, International Trade Compliance 
Analyst, to Susan H. Kuhbach, Director, AD/CVD Operations, Office 1, 
entitled ``Adequacy Determination in Countervailing Duty Sunset Review 
of Certain Stainless Steel Plate in Coils from Belgium,'' dated July 
22, 2010.
    On December 27, 2010, the Department issued the preliminary results 
of the full sunset review, finding a likelihood of continuation or 
recurrence of subsidization with a net countervailable subsidy likely 
to prevail of zero percent for AMS and all other companies. See 
Stainless Steel Plate in Coils From Belgium: Preliminary Results of 
Full Sunset Review, 75 FR 81217, 81218 (December 27, 2010) 
(``Preliminary Results'').
    Interested parties were invited to comment on our Preliminary 
Results. The Department received case briefs from Petitioners, the GOB, 
and AMS within the deadline specified in 19 CFR 351.309(c)(1)(i). On 
February 16, 2011, the Department returned the case briefs submitted by 
the GOB and AMS, requesting the briefs to be resubmitted with the 
removal of certain references to information not on the record of this 
sunset review. Although both objected to the Department's decision, the 
GOB and AMS submitted revised versions of their case briefs on February 
18, 2011. Timely rebuttal briefs were submitted by Petitioners, the 
GOB, and AMS.
    A public hearing was requested by AMS and was held on Tuesday, 
March 8, 2011, in accordance with 19 CFR 351.310(c).
    On April 7, 2011, the European Union submitted a letter in support 
of the arguments made by the GOB and AMS.

Scope of the Order

    The products covered by the 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 \1\ 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 the 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.
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    \1\ On May 11, 2007, the Department received a scope inquiry 
request from U&A Belgium regarding whether the scope of the 
antidumping (``AD'') and CVD orders on SSPC from Belgium excludes 
stainless steel products with an actual thickness less than 4.75mm, 
regardless of its nominal thickness. The Department conducted a 
scope inquiry applicable to all countries subject to the SSPC AD and 
CVD orders. In the Department's scope ruling, dated December 3, 
2008, the Department determined that SSPC with a nominal thickness 
of 4.75mm, but with an actual thickness less than 4.75mm, and within 
the dimensional tolerances for this thickness of plate, is included 
in the scope of the AD orders on SSPC from Belgium, Italy, South 
Africa, the Republic of Korea, and Taiwan and CVD orders on SSPC 
from Belgium and South Africa. See Memorandum from Melissa G. 
Skinner to Stephen J. Claeys, entitled ``Stainless Steel Plate in 
Coils from Belgium: Final Scope Ruling,'' ' dated December 3, 2008.
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    The merchandise subject to the 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 the order remains 
dispositive.

Analysis of the Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Acting Deputy Assistant Secretary for 
Import Administration, dated concurrently with this notice, which is 
hereby adopted by this notice. Parties can find this public memorandum 
in the Central Records Unit, Room 7046 of the main Commerce building. 
In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Changes From the Preliminary Results

    As a result of the Department's analysis of received comments, we 
have made certain changes from the Preliminary Results. The Department 
finds that three programs which gave rise to net countervailable 
subsidies and which were determined not to be terminated in the 
Preliminary Results--Societ[eacute] Nationale de Credite[agrave] 
L'Industrie Loans, 1985 Conversion of Sidmar N.V.'s Debt to Equity, and 
SidInvest--are in fact terminated and that benefit streams from those 
programs are fully allocated. See Decision Memorandum at Comment 1. 
Because the Department concludes that all programs previously found 
countervailable have been terminated and that benefit streams from 
those programs are fully allocated, we determine that revocation of the 
CVD order on SSPC from Belgium will not likely lead to continuation or 
recurrence of a countervailable subsidy. See id.

Final Results of Review

    The Department determines that revocation of the CVD order will not 
likely lead to continuation or recurrence of a countervailable subsidy. 
As a result, and in accordance with 19 CFR 351.222(i)(2), we are 
revoking this order effective July 18, 2010, the fifth anniversary of 
the date of publication in the Federal Register of the most recent 
notice of continuation of this order. See Continuation of Antidumping 
Duty

[[Page 25668]]

Orders on Certain Stainless Steel Plate in Coils From Belgium, Italy, 
South Korea, South Africa, and Taiwan, and the Countervailing Duty 
Orders on Certain Stainless Steel Plate in Coils From Belgium, Italy, 
and South Africa, 70 FR 41202 (July 18, 2005). We will notify the 
International Trade Commission of these results.

Effective Date of Revocation

    Pursuant to section 19 CFR 351.222(i)(2), the Department will 
instruct U.S. Customs and Border Protection to terminate the suspension 
of liquidation of the merchandise subject to this order entered, or 
withdrawn from warehouse, on or after July 18, 2010. Entries of subject 
merchandise prior to the effective date of revocation will continue to 
be subject to suspension of liquidation and CVD deposit requirements. 
The Department will complete any pending administrative reviews of this 
order 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 or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders 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 the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: April 28, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-11002 Filed 5-4-11; 8:45 am]
BILLING CODE 3510-DS-P