Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Notices 68549 

III. Korea 

Infrastructure Expansions and 

Improvements for Operating in Regional 

and National Industrial Complexes 

Petitioner alleges that the GOK 

developed plans to establish an 

exclusive plant complex for the paper 

industry in the military equipment 

industrial complex in Gunjang, North 

Cholla province by 2001. Petitioner 

alleges that the complex, known as the 

Gunjang National Industrial Complex 

and established by the Ministry of 

Trade, Industry, and Economy, is 

undergoing large-scale infrastructure 

expansions and improvements, 

including upgrading access roads, 

railroad connections and expanding 

harbor facilities. 

Petitioner provided insufficient 

information regarding the existence of a 

benefit or specificity. In particular, we 

find that petitioner did not provide 

sufficient evidence that any CFS 

producers are operating in the Gunjang 

National Industrial Complex. 

Application of the Countervailing Duty 

Law to the PRC 

Petitioner contends that there is no 

statutory bar to applying countervailing 

duties to imports from the PRC or any 

other non-market economy country. 

Citing Georgetown Steel, petitioner 

asserts that the court deferred to the 

Department’s conclusion that it did not 

have the authority to conduct a CVD 

investigation, but did not affirm the 

notion that the statute prohibits the 

Department from applying 

countervailing duties to NME countries. 

See Petition, Part I, at 8 (citing 

Georgetown Steel Corp. v. United States, 

801 F.2d 1308 (Fed. Cir. 1986) 

(Georgetown Steel)). Petitioner further 

argues Georgetown Steel is not 

applicable as the countervailing duty 

law (section 303 of the Tariff Act of 

1930) involved in the court’s decision 

has since been repealed and the statute 

has been amended to provide an explicit 

definition of a subsidy. See section 

777(5) of the Act. In addition, petitioner 

argues that the Chinese economy is 

entirely different from the economies 

investigated in Georgetown Steel and 

the Department should not have any 

special difficulties in the identification 

and valuation of subsidies involving a 

non-market economy, such as the PRC, 

that would not arise in a market 

economy countervailing proceeding. 

Finally, petitioner contends that the 

PRC’s accession to the World Trade 

Organization (WTO) allows the 

Department to investigate 

countervailing duties in that country. 

Petitioner notes that the WTO Subsidies 

and Countervailing Measures 

Agreement (SCM Agreement), similar to 

U.S. law, permits the imposition of 

countervailing duties on subsidized 

imports on member countries and 

nowhere exempts non-market economy 

imports from being subject to the 

provisions of the SCM Agreement. As 

the PRC agreed to the SCM Agreement 

and other WTO provisions on the use of 

subsidies, petitioner argues the PRC 

should be subject to the same 

disciplines as all other WTO members. 

Petitioner has provided sufficient 

argument and subsidy allegations (see 

‘‘Initiation of Countervailing Duty 

Investigations’’) to meet the statutory 

criteria for initiating a countervailing 

duty investigation of CFS paper from 

the PRC. Given the complex legal and 

policy issues involved, and on the basis 

of the Department’s discretion as 

affirmed in Georgetown Steel, the 

Department intends during the course of 

this investigation to determine whether 

the countervailing duty law should now 

be applied to imports from the PRC. The 

Department will invite comments from 

parties on this issue. 

Distribution of Copies of the Petitions 

In accordance with section 

702(b)(4)(A)(i) of the Act, a copy of the 

public version of the petitions has been 

provided to the Governments of the 

PRC, Indonesia, and Korea. We will 

attempt to provide a copy of the public 

version of the petitions to each exporter 

named in the petitions, as provided for 

under 19 CFR 351.203(c)(2). 

ITC Notification 

We have notified the ITC of our 

initiations, as required by section 702(d) 

of the Act. 

Preliminary Determinations by the ITC 

The ITC will preliminarily determine, 

within 25 days after the date on which 

it receives notice of these initiations, 

whether there is a reasonable indication 

that imports of subsidized CFS from the 

PRC, Indonesia, and Korea are causing 

material injury, or threatening to cause 

material injury, to a U.S. industry. See 

section 703(a)(2) of the Act. A negative 

ITC determination will result in the 

investigations being terminated; 

otherwise, these investigations will 

proceed according to statutory and 

regulatory time limits. 

This notice is issued and published 

pursuant to section 777(i) of the Act. 

Dated: November 20, 2006. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E6–20025 Filed 11–24–06; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–427–810] 

Corrosion-Resistant Carbon Steel Flat 

Products From France: Final Results 

of Countervailing Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On September 7, 2006, the 

Department of Commerce (‘‘the 

Department’’) published in the Federal 

Register its preliminary results of 

administrative review of the 

countervailing duty (‘‘CVD’’) order on 

corrosion-resistant carbon steel flat 

products (‘‘CORE’’) from France for the 

period January 1, 2004, through 

December 31, 2004 (see Preliminary 

Results of Countervailing Duty 

Administrative Review: CorrosionResistant Carbon Steel Flat Products 

from France, 71 FR 52770 (September 7, 

2006) (‘‘CORE Preliminary Results’’)). 

The Department preliminarily found 

that Duferco Coating S.A. and Sorral 

S.A. (collectively, ‘‘Duferco Sorral’’), the 

producer/exporter of subject 

merchandise covered by this review did 

not receive countervailable subsidies 

during the period of review (‘‘POR’’). 

We did not receive any comments on 

our preliminary results and have made 

no revisions to those results. 

DATES: Effective Date: November 27, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Johnson, AD/CVD Operations, 

Office 3, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–4793. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 17, 1993, the Department 

published in the Federal Register the 

CVD order on CORE from France. See 

Countervailing Duty Order and 

Amendment to Final Affirmative 

Countervailing Duty Determination: 

Certain Steel Products from France, 58 

FR 43759 (August 17, 1993). On 

September 7, 2006, the Department 


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68550 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Notices 

published in the Federal Register the 

preliminary results for this review (see 

CORE Preliminary Results). 

In accordance with 19 CFR 

351.213(b), this review covers Duferco 

Sorral, the only producer/exporter of the 

subject merchandise for which a review 

was specifically requested. In the CORE 

Preliminary Results, we invited 

interested parties to submit case briefs 

commenting on the preliminary results 

or request a hearing. We did not 

conduct a hearing in this review, as one 

was not requested, and did not receive 

case briefs. 

Scope of the Order 

This order covers cold-rolled (‘‘coldreduced’’) carbon steel flat-rolled carbon 

steel products, of rectangular shape, 

either clad, plated, or coated with 

corrosion-resistant metals such as zinc, 

aluminum, or zinc-, aluminum-, nickelor 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 in the Harmonized 

Tariff Schedule of the United States 

(‘‘HTSUS’’) under item numbers 

7210.30.0030, 7210.30.0060, 

7210.41.0000, 7210.49.0030, 

7210.49.0090, 7210.61.0000, 

7210.69.0000, 7210.70.6030, 

7210.70.6060, 7210.70.6090, 

7210.90.1000, 7210.90.6000, 

7210.90.9000, 7212.20.0000, 

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, 7215.90.3000, 

7215.90.5000, 7217.20.1500, 

7217.30.1530, 7217.30.1560, 

7217.90.1000, 7217.90.5030, 

7217.90.5060, 7217.90.5090. 

Included in this order are corrosionresistant flat-rolled products of nonrectangular cross-section 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 

(‘‘tin-free steel’’), whether or not 

painted, varnished or coated with 

plastics or other nonmetallic substances 

in addition to the metallic coating. Also 

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. 

These HTSUS item numbers are 

provided for convenience and customs 

purposes. The written descriptions 

remain dispositive. 

Final Results of Review 

As noted above, the Department 

received no comments concerning the 

preliminary results. Therefore, 

consistent with the CORE Preliminary 

Results, we continue to find that 

Duferco Sorral did not receive 

countervailable subsidies during the 

POR. In accordance with section 

705(c)(1)(B)(i) of the Tariff Act of 1930, 

as amended, we calculated a total net 

subsidy rate of 0.00 percent ad valorem 

for Duferco Sorral. 

As there have been no changes to or 

comments on the preliminary results, 

we are not attaching a decision 

memorandum to this Federal Register 

notice. For further details of the 

programs included in this proceeding, 

see the CORE Preliminary Results. 

Assessment Rates/Cash Deposits 

The Department intends to issue 

assessment instructions to U.S. Customs 

and Border Protection (‘‘CBP’’) 15 days 

after the date of publication of these 

final results of this review, to liquidate 

shipments of subject merchandise by 

Duferco Sorral entered, or withdrawn 

from warehouse, for consumption on or 

after January 1, 2004, through December 

31, 2004, without regard to 

countervailing duties. We will also 

instruct CBP not to collect cash deposits 

of estimated countervailing duties on 

shipments of the subject merchandise 

by Duferco Sorral entered, or withdrawn 

from warehouse, for consumption on or 

after the date of publication of the final 

results of this review. 

For all non-reviewed companies, we 

will instruct CBP to continue to collect 

cash deposits at the most recent 

company-specific or country-wide rate 

applicable to the company. Accordingly, 

the cash deposit rates that will be 

applied to non-reviewed companies 

covered by this order are those 

established in the most recently 

completed administrative proceeding. 

See Certain Steel Products from France: 

Notice of Final Court Decision and 

Amended Final Determination of 

Countervailing Duty Investigation, 64 FR 

67561 (December 2, 1999). These rates 

shall apply to all non-reviewed 

companies until a review of a company 

assigned these rates is requested. 

Return of Destruction of Proprietary 

Information 

This notice also 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 the 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 in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: November 17, 2006. 

Stephen J. Claeys, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 06–9409 Filed 11–24–06; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–489–502] 

Preliminary Results of Countervailing 

Duty Administrative Review: Certain 

Welded Carbon Steel Standard Pipe 

From Turkey 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) is conducting an 

administrative review of the 

countervailing duty (‘‘CVD’’) order on 

certain welded carbon steel standard 

pipe from Turkey for the period January 

1, 2005, through December 31, 2005. We 

preliminarily find that the net subsidy 

rate for the company under review is de 

minimis. See the ‘‘Preliminary Results 

of Review’’ section of this notice, infra. 

Interested parties are invited to 

comment on these preliminary results. 

(See the ‘‘Public Comment’’ section, 

infra.) 


sroberts on PROD1PC70 with NOTICES