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[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81217-81218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32495]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-423-809]

Stainless Steel Plate in Coils From Belgium: Preliminary Results 
of Full Sunset Review

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 (``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 preliminarily finds that revocation of the CVD order would 
likely lead to continuation or recurrence of a countervailable subsidy.

DATES: Effective Date: December 27, 2010.

FOR FURTHER INFORMATION CONTACT: Alexander Montoro or David Neubacher, 
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 or (202) 482-5823.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2010, the Department initiated the second sunset review 
of the CVD order on stainless steel plate in coils (``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).
    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 
(collectively, ``Respondents''). Timely rebuttal comments were received 
from Petitioners and Respondents 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 September 24, 2010, the Department published in the Federal 
Register an extension of the time limit for the completion of the 
preliminary results of this sunset review until no later than December 
20, 2010, as permitted by section 751(c)(5)(B) of the Act. See 
Stainless Steel Plate in Coils from Belgium: Extension of Time Limits 
for Preliminary and Final Results of Full Five-Year (``Sunset'') Review 
of Countervailing Duty Order, 75 FR 58351 (September 24, 2010).
    On November 23, 2010, the GOB, at the request of the Department, 
placed on the record a verification report from the CVD investigation 
of SSPC from Belgium, which the GOB cited in its substantive response. 
See GOB's November 23, 2010, submission.

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

[[Page 81218]]

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 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 antidumping 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 antidumping duty 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 Ronald K. Lorentzen, 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.

Preliminary Results of Review

    The Department preliminarily determines that revocation of the CVD 
order will lead to continuation or recurrence of a countervailable 
subsidy. The net countervailable subsidy likely to prevail if the order 
were revoked is zero percent for AMS and all other companies.
    Interested parties may submit case briefs no later than 50 days 
after the date of publication of these preliminary results, in 
accordance with 19 CFR 351.309(c)(1)(i). Any interested party may 
request a hearing within 30 days of publication of this notice in 
accordance with 19 CFR 351.310(c). Rebuttal briefs, which must be 
limited to issues raised in the case briefs, may be filed not later 
than five days after the time limit for filing case briefs in 
accordance with 19 CFR 351.309(d). A hearing, if requested, will be 
held two days after the date the rebuttal briefs are due. The 
Department will issue a notice of final results of this sunset review, 
which will include the results of its analysis of issues raised in any 
such comments, no later than 330 days after the date of publication of 
the notice of initiation (i.e., by April 28, 2011) in accordance with 
19 CFR 351.218(f)(3).
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: December 15, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-32495 Filed 12-23-10; 8:45 am]
BILLING CODE 3510-DS-P
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