[Federal Register Volume 65, Number 212 (Wednesday, November 1, 2000)]
[Notices]
[Pages 65295-65296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28043]



[[Page 65295]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-812]


Grain-Oriented Electrical Steel from Italy; Final Results of Full 
Sunset Review of Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of full sunset review: Grain-oriented 
electrical steel from Italy.

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SUMMARY: On June 23, 2000, the Department of Commerce (``the 
Department'') published in the Federal Register (65 FR 39129) the 
preliminary results of the full sunset review of the countervailing 
duty order on grain-oriented electrical steel (``GOES'') from Italy, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). We provided interested parties an opportunity to comment on our 
preliminary results and received comments from domestic and respondent 
interested parties. As a result of this review, the Department finds 
that revocation of the countervailing duty orders would be likely to 
lead to continuation or recurrence of a countervailable subsidy. The 
net countervailable subsidy and the nature of the subsidy are 
identified in the Final Results of Review section of this notice.

FOR FURTHER INFORMATION CONTACT: Becky Hagen or James Maeder, Office of 
Policy for Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th and Constitution, NW., Washington, DC 
20230; telephone: (202) 482-1277 or (202) 482-3330, respectively.

EFFECTIVE DATE: November 1, 2000.

Statute and Regulations

    These reviews were conducted pursuant to sections 751(c) and 752 of 
the Act. The Department's procedures for the conduct of sunset reviews 
are set forth in Procedures for Conducting Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 
(March 20, 1998) (``Sunset Regulations'') and in 19 CFR part 351 (1999) 
in general. Guidance on methodological or analytical issues relevant to 
the Department's conduct of sunset reviews is set forth in the 
Department's Policy Bulletin 98:3--Policies Regarding the Conduct of 
Five-year (``Sunset'') Reviews of Antidumping and Countervailing Duty 
Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy 
Bulletin'').

Scope of Review

    The merchandise subject to this review is Italian GOES, which is a 
flat-rolled alloy steel product containing by weight at least 0.6 
percent of silicon, not more than 0.08 percent of carbon, not more than 
1.0 percent of aluminum, and no other element in an amount that would 
give the steel the characteristics of another alloy steel, of a 
thickness of no more than 0.56 millimeter, in coils of any width, or in 
straight lengths which are of a width measuring at least ten times the 
thickness. The merchandise is currently classifiable in the Harmonized 
Tariff Schedule (``HTS'') under item numbers 7225.10.0030, 
7226.10.1030, 7226.10.5015, and 7226.10.5065. Although HTS subheadings 
are provided for convenience and customs purposes, our written 
description of the scope of this proceeding is dispositive.

Background

    On June 23, 2000, the Department of Commerce (``the Department'') 
published in the Federal Register a notice of preliminary results of 
the full sunset review of the countervailing duty order on GOES from 
Italy (65 FR 39129) pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''). In our preliminary results, we found 
that revocation of the order would likely result in continuation or 
recurrence of a net countervailable subsidy at the rate of 24.46 
percent for all Italian GOES producers/exporters.
    On July 27, 2000, Acciai Speciali Terni S.p.A. and Acciai Speciali 
Terni USA, Inc. (together ``AST'') requested a hearing in the sunset 
review. On August 7, 2000, within the deadline specified in 19 CFR 
351.309(c)(1)(i), we received a case brief on behalf of AST; on August 
14, 2000, we received a rebuttal brief from domestic interested 
parties. The hearing was held on September 26, 2000.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this sunset review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memo'') from Jeffrey A. May, Director, Office 
of Policy, Import Administration, to Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated October 26, 2000, which is 
hereby adopted by this notice. The issues discussed in the attached 
Decision Memo include the likelihood of continuation or recurrence of 
countervailable subsidies and the net countervailable subsidy likely to 
prevail were the order 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 the 
Central Records Unit, 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/, under the 
heading ``Italy.'' The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Review

    As a result of this review, the Department finds that revocation of 
the countervailing duty orders would be likely to lead to continuation 
or recurrence of a countervailable subsidy at the rates listed below:

------------------------------------------------------------------------
                                                                Margin
                      Producer/exporter                        (percent)
------------------------------------------------------------------------
All Italian producers/exporters.............................        24.2
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Nature of the Subsidy

    In the Sunset Policy Bulletin (63 FR 18876), the Department states 
that, consistent with section 752(a)(6) of the Act, the Department will 
provide to the Commission information concerning the nature of the 
subsidy, and whether the subsidy is a subsidy described in Article 3 or 
Article 6.1 of the Subsidies Agreement. Although the programs at issue 
do not fall within Article 3 of the Subsidies Agreement, some or all of 
them could be found to be inconsistent with Article 6.1. For example, 
the net countervailable subsidy may exceed five percent. The 
Department, however, has no information with which to make such a 
calculation; nor do we believe it appropriate to attempt such a 
calculation in the course of a sunset review. Moreover, we note that, 
as of January 1, 2000, Article 6.1 has ceased to apply (see Article 31 
of the Subsidies Agreement). As such, we are providing the Commission 
with program descriptions in our Decision Memorandum.
    This notice serves as the only 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 of the Department's regulations. 
Timely notification of return/destruction of APO material 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.

[[Page 65296]]

    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: October 26, 2000.
Troy H. Cribb,
Assistant Secretary for Import Administration.
[FR Doc. 00-28043 Filed 10-31-00; 8:45 am]
BILLING CODE 3510-DS-P