58584 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices 

69 FR 47409 (August 5, 2004) 

(‘‘Preliminary Results’’)) and the Final 

Results, and applied a by–product offset 

to reflect Guangdong’s sale of fatty acid 

and glycerine made in the production 

process. 

Before the Court, Guangdong 

challenged the Department’s selection of 

Indian import statistics as the surrogate 

to value sebacic acid, and its 

determination to apply the by–product 

offset after the application of the 

surrogate financial ratio to 

manufacturing costs in the Final 

Results. On January 25, 2006, the Court 

issued a remand in Guangdong 

Chemicals Import & Export Corporation 

v. United States, Ct. No. 05–00023 Slip 

Op. 06–13 (January 25, 2006). The Court 

stated that the Department did not 

justify its decision to abandon a more 

product–specific data source. See id. at 

19. The Court specifically pointed out 

that a remand was necessary because 

the Department did not address the data 

Guangdong used to corroborate its 

ChemImpEx data, and the Department 

did not explain why the Department’s 

use of the Indian import statistics was 

not aberrational given that the data was 

comprised of a basket category. See id. 

at 19 and 20. The Court concluded that 

the Department failed to present 

substantial evidence supporting its 

surrogate value for sebacic acid. See id. 

at 22. 

Additionally, the Court granted the 

Department’s request for a voluntary 

remand to give interested parties an 

opportunity to comment on the 

application of the by–product offset 

which was changed between the 

Preliminary Results and the Final 

Results without allowing parties the 

opportunity to comment on this change. 

See id. at 22. 

In order to comply with the Court’s 

remand order, the Department reviewed 

its choice of surrogate value for sebacic 

acid and made changes to the Indian 

import statistics to eliminate a value 

that the Department determined to be 

aberrational. Also, the Department 

provided additional explanation of its 

by–product methodology and provided 

interested parties an opportunity to 

comment on its methodology for the 

redetermination on remand. On May 3, 

2006, the Department issued its Final 

Redetermination Pursuant to Court 

Remand (‘‘Final Redetermination’’). 

Guangdong continued to challenge 

the Department’s determination in the 

Final Redetermination. On September 

18, 2006, the Court found that the 

Department duly complied with the 

Court’s remand order and sustained the 

Final Redetermination. See Guangdong 

II, Slip Op. 06–142 (September 18, 

2006). The Court found that the 

Department’s elimination of aberrational 

values constituted a reasonable step to 

compensate for some weaknesses in the 

Indian import statistics. See id. at 10. 

Therefore, the Court found that the 

Department’s selection of surrogate 

value for sebacic acid is supported by 

substantial evidence. See id. at 12. Also, 

the Court found that the Department’s 

analysis of the reliability of the Indian 

import statistics in view of the 

corroborating evidence submitted by 

Guangdong was reasonable. See id. at 

15. Additionally, the Court upheld the 

Department’s decision to account for 

separable costs associated with by–

product sales by applying a by–product 

credit after the application of financial 

ratios to manufacturing costs. See id. at 

21. Therefore, the Department’s Final 

Redetermination was sustained in its 

entirety by the Court. Consequently, the 

antidumping duty rate for Guangdong 

will be 19.82 percent. 

Timken Notice 

In its decision in Timken Co., v. 

United States, 893 F.2d 337, 341 (Fed. 

Cir. 1990) (‘‘Timken’’), the United States 

Court of Appeals for the Federal Circuit 

held that, pursuant to section 516A(e) of 

the Act of 1930, the Department must 

publish a notice of a court decision that 

is not ‘‘in harmony’’ with a Department 

determination, and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The 

Court’s decision in Guangdong II on 

September 18, 2006, constitutes a final 

decision of that court that is not in 

harmony with the Department’s final 

results of administrative review. This 

notice is published in fulfillment of the 

publication requirements of Timken. 

Accordingly, the Department will 

continue the suspension of liquidation 

of the subject merchandise pending the 

expiration of the period of appeal, or, if 

appealed, upon a final and conclusive 

court decision. 

This notice is issued and published in 

accordance with section 516A(c)(1) of 

the Act. 

Dated: September 28, 2006. 

Stephen J. Claeys, 

Acting Assistant Secretaryfor Import 

Administration. 

[FR Doc. E6–16395 Filed 10–3–06; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–427–810] 

Corrosion-Resistant Carbon Steel Flat 

Products From France; Final Results 

of Full Sunset Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 1, 2005, the 

Department of Commerce (‘‘the 

Department’’) initiated a sunset review 

of the countervailing duty (‘‘CVD’’) 

order on certain corrosion-resistant 

carbon steel flat products from France, 

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 party, an adequate response 

from respondent interested parties, and 

respondent interested parties’

arguments regarding post-investigation 

privatization of Usinor, the Department 

determined to conduct a full sunset 

review of this CVD order pursuant to 

section 751(c) of the Act and 19 CFR 

351.218(e)(2). As a result of this sunset 

review, the Department finds that 

revocation of the CVD order would be 

likely to lead to continuation or 

recurrence of a countervailable subsidy. 

Therefore, the Department is not 

revoking this CVD order. 

DATES: Effective Date: October 4, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Moore 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) 482–3692 or (202) 482–

4136, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 1, 2005, the Department 

initiated a sunset review of the CVD 

order on certain corrosion-resistant 

carbon steel flat products from France 

pursuant to section 751(c) of the Act. 

See Initiation of Five-Year (‘‘Sunset’’) 

Reviews, 70 FR 65884 (November 1, 

2005). 

On May 31, 2006, the Department 

published the preliminary results of the 

full sunset review of the instant order. 

See Preliminary Results of Full Sunset 

Review: Certain Corrosion-Resistant 

Carbon Steel Flat Products from France, 

71 FR 30875 (May 31, 2006). Interested 

parties were invited to comment on our 

preliminary results. On July 11, 2006, 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices 58585 

we received a case brief from Duferco 

Coating SA and Sorral SA (collectively, 

‘‘Duferco Sorral’’). We also received 

comments from the European 

Commission and from Sollac 

Atlantique, Sollac, Lorraine, Arcelor 

FCS Commercial, and Arcelor 

International America, LLC 

(‘‘respondent interested parties’’). On 

July 17, 2006, we received a rebuttal 

brief from United States Steel 

Corporation (‘‘domestic interested 

party’’). 

Scope of the Order 

The merchandise covered by this 

order includes flat-rolled carbon steel 

products, of rectangular shape, either 

clad, plated, or coated with corrosionresistant metals such as zinc, aluminum, 

or zinc-, aluminum-, or iron-based 

alloys, whether or not corrugated or 

painted, varnished or coated with 

plastics or other nonmetallic substances 

in addition to the metallic coating, in 

coils (whether or not in successively 

superimposed layers) and of a width of 

0.5 inch or greater, or in straight lengths 

which, if of a thickness less than 4.75 

millimeters, are of a width of 0.5 inch 

or greater and which measures at least 

10 times the thickness or if of a 

thickness of 4.75 millimeters or more 

are of a width which exceeds 150 

millimeters and measures at least twice 

the thickness, as currently classifiable 

under the Harmonized Tariff Schedule 

of the United States (‘‘HTSUS’’) item 

numbers 7210.31.000, 7210.39.0000, 

7210.41.000, 7210.49.0030, 

7210.49.0090, 7210.60.0000, 

7210.70.6030, 7210.70.6060, 

7210.70.6090, 7210.90.1000, 

7210.90.6000, 7210.90.9000, 

7212.21.0000, 7212.29.0000, 

7212.30.1030, 7212.30.1090, 

7212.30.3000, 7212.30.5000, 

7212.40.1000, 7212.40.5000, 

7212.50.0000, 7212.60.0000, 

7215.90.1000, 7215.90.5000, 

7217.12.1000, 7217.13.1000, 

7217.19.1000, 7217.19.5000, 

7217.22.5000, 7217.23.5000, 

7217.29.1000, 7217.29.5000, 

7217.32.5000, 7217.33.5000, 

7217.39.1000, 7217.33.5000, 

7217.39.1000, and 7217.39.5000. 

Included in this order are flat-rolled 

products of non-rectangular crosssection where such cross-section is 

achieved subsequent to the rolling 

process (i.e., products which have been 

‘‘worked after rolling’’)—for example, 

products which have been beveled or 

rounded at the edges. Excluded from 

this order are flat-rolled steel products 

either plated or coated with tin, lead, 

chromium, chromium oxides, both tin 

and lead (‘‘terne plate’’), or both 

chromium and chromium oxides (‘‘tinfree steel’’), whether or not painted, 

varnished or coated with plastics or 

other nonmetallic substances in 

addition to the metallic coating. 

Excluded from this order are clad 

products in straight lengths of 0.1875 

inch or more in composite thickness 

and of a width which exceeds 150 

millimeters and measures at least twice 

the thickness. Also excluded from this 

order are certain clad stainless flatrolled products, which are three-layered 

corrosion-resistant carbon steel flatrolled products less than 4.75 

millimeters in composite thickness that 

consist of a carbon steel flat-rolled 

product clad on both sides with 

stainless steel in a 20%-60%-20% ratio. 

The HTSUS numbers are provided for 

convenience and customs purposes. The 

written description remains dispositive. 

Analysis of Comments Received 

All issued raised in this review are 

addressed in the Issue and Decision 

Memorandum (‘‘Decision 

Memorandum’’) from Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Adminstration, to James C. Leonard, III, 

Acting Assistant Secretary for Import 

Administration, dated September 27, 

2006, which is hereby adopted by this 

notice. Parties can find a complete 

discussion of all issues raised in this 

review and the corresponding 

recommendation in this public 

memorandum which is on file in the 

Central Records Unit, Room B–099 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. 

Final Results of Review 

The Department determines that 

revocation of the CVD order on 

corrosion-resistant carbon steel flat 

products from France is likely to lead to 

continuation or recurrence of 

counteravailable subsidies at the 

following countervailing duty rate: 

Manufacturer/exporter 

Net subsidy 

margin 

(percent) 

Country-Wide Rate ............... 0.16 

Notification Regarding Administrative 

Protective Order 

This notice 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 return/ 

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 and notice in accordance with 

sections 751(c), 752, and 777(i)(1) of the 

Act. 

Dated: September 27, 2006. 

James C. Leonard, III, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 06–8485 Filed 10–3–06; 8:45 am] 

BILLING CODE 3510–05–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

C–423–806 

Cut-to-Length Carbon Steel Plate from 

Belgium: Final Results of Full Sunset 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 1, 2005, the 

Department of Commerce (the 

Department) initiated a sunset review of 

the countervailing duty (CVD) order on 

cut–to-length carbon steel plate (CTL 

plate) from Belgium, 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 responses from 

respondent interested parties, the 

Department determined to conduct a 

full sunset review of this CVD order 

pursuant to section 751(c) of the Act 

and 19 CFR 351.218(e)(2). On July 21, 

2006, the Department published the 

preliminary results in this review and 

invited interested parties to comment on 

those results. See Preliminary Results of 

Full Sunset Review: Cut–to-Length 

Carbon Steel Plate From Belgium, 71 FR 

41424 (Preliminary Results). As a result 

of our analysis, the Department finds 

that revocation of the CVD order would 

be likely to lead to continuation or 

recurrence of a countervailable subsidy 

at the level indicated in the ‘‘Final 

Results of Review’’ section of this 

notice. 

EFFECTIVE DATE: October 4, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Sean Carey, AD/CVD Operations, Office 

6, Import Administration, International 

Trade Administration, U.S. Department 


rwilkins on PROD1PC63 with NOTICES