72 FR 4482, January 31, 2007

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-838]

 
Clad Steel Plate from Japan; Final Results of the Expedited 
Sunset Review (Second Review) of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 2, 2006, the Department of Commerce (the 
Department) initiated the second sunset review of the antidumping duty 
order on clad steel plate from Japan 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 a complete substantive response filed on 
behalf of the domestic interested parties, and no response from 
respondent interested parties, the Department conducted an expedited 
sunset review of the antidumping duty order pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of 
this sunset review, the Department finds that revocation of the order 
would be likely to lead to continuation or recurrence of dumping at the 
levels indicated in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: January 31, 2007.

FOR FURTHER INFORMATION CONTACT: Nichole Zink or Brandon Farlander, AD/
CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230; telephone: (202) 482-0049 and (202) 
482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 2, 2006, the Department of Commerce initiated a sunset 
review of the antidumping duty order on clad steel plate from Japan 
pursuant to section 751(c) of the Act. See Initiation of Five-year 
(Sunset) Reviews, 71 FR 57921 (October 2, 2006) (Notice of Initiation). 
The Department received a notice of intent to participate from the 
domestic parties, Mittal Steel USA (Mittal Steel) and United Steel, 
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial 
and Service Workers International Union, AFL-CIO-CLC (USW), within the 
deadline specified in 19 CFR 351.218(d)(1)(i). Mittal Steel claims 
interested party status under section 771(9)(C) of the Act as a 
domestic manufacturer of clad steel plate. USW claims interested party 
status under section 771(9)(D) of the Act as a certified union or 
recognized union group of workers which is representative of an 
industry engaged in the manufacture, production, or wholesale in the 
United States of clad steel products.
    The Department received a complete substantive response from Mittal 
Steel within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). 
We did not receive a substantive response from respondent interested 
parties in this proceeding. As a result, pursuant to 19 CFR 
351.218(e)(1)(iii)(C), the Department determined that it was 
appropriate to conduct an expedited 120-day sunset review of this 
antidumping duty order.

Scope of the Order

    The scope of this order is all clad\1\ steel plate of a width of 
600 millimeters

[[Page 4483]]

(mm) or more and a composite thickness of 4.5 mm or more. Clad steel 
plate is a rectangular finished steel mill product consisting of a 
layer of cladding material (usually stainless steel or nickel) which is 
metallurgically bonded to a base or backing of ferrous metal (usually 
carbon or low alloy steel) where the latter predominates by weight.
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    \1\ Cladding is the association of layers of metals of different 
colors or natures by molecular interpenetration of the surfaces in 
contact. This limited diffusion is characteristic of clad products 
and differentiates them from products metalized in other manners 
(e.g., by normal electroplating). The various cladding processes 
include pouring molten cladding metal onto the basic metal followed 
by rolling; simple hot-rolling of the cladding metal to ensure 
efficient welding to the basic metal; any other method of deposition 
of superimposing of the cladding metal followed by any mechanical or 
thermal process to ensure welding (e.g., electrocladding), in which 
the cladding metal (nickel, chromium, etc.) is applied to the basic 
metal by electroplating, molecular interpenetration of the surfaces 
in contact then being obtained by heat treatment at the appropriate 
temperature with subsequent cold rolling. See Harmonized Commodity 
Description and Coding System Explanatory Notes, Chapter 72, General 
Note (IV) (C) (2) (e).
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    Stainless clad steel plate is manufactured to American Society for 
Testing and Materials (ASTM) specifications A263 (400 series stainless 
types) and A264 (300 series stainless types). Nickel and nickel-base 
alloy clad steel plate is manufactured to ASTM specification A265. 
These specifications are illustrative but not necessarily all-
inclusive.
    Clad steel plate within the scope of this order is classifiable 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
7210.90.10.00. Although the HTSUS subheading is provided for 
convenience and customs purposes, our written description of the scope 
of this order is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum for the Final Results of the Expedited Second 
Sunset Review of the Antidumping Duty Order on Clad Steel Plate from 
Japan'' (Decision Memo) 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. The issues discussed in the Decision Memo include the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the margins likely to prevail if the order were revoked. 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 room B-099 of the main Commerce building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 

copy and electronic versions of the Decision Memo are identical in 
content.

Final Results of Review

    The Department determines that revocation of the antidumping duty 
order on clad steel plate from Japan would be likely to lead to 
continuation or recurrence of dumping at the rates listed below:

------------------------------------------------------------------------
                                                                Margin
                     Producers/Exporters                       (percent)
------------------------------------------------------------------------
The Japan Steel Company.....................................      118.53
All Others..................................................      118.53
------------------------------------------------------------------------

Notification regarding Administrative Protective Order

    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 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 the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: January 25, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7-1571 Filed 1-30-06; 8:45 am]

BILLING CODE 3510-DS-S