[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
[Notices]
[Pages 25288-25289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11888]
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DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
[C-423-809 (Belgium), C-475-823 (Italy), C-791-806 (South Africa)]
Notice of Amended Final Determinations: Stainless Steel Plate in
Coils from Belgium and South Africa; and Notice of Countervailing Duty
Orders: Stainless Steel Plate in Coils from Belgium, Italy and South
Africa
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 11, 1999.
FOR FURTHER INFORMATION CONTACT: Zak Smith (Belgium), Cynthia
Thirumalai (Italy) or Dana Mermelstein (South Africa), Office of AD/CVD
Enforcement, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-0189, (202) 482-4087 and
(202) 482-0984, respectively.
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions of the Tariff Act of 1930, as amended by
the Uruguay Round Agreements Act effective January 1, 1995 (the Act).
In addition, unless otherwise indicated, all citations to the
Department's regulations are to the current regulations codified at 19
CFR part 351 (April 1998).
Scope of Orders
The product covered by these orders is 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 or more
in 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 these orders 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. In addition, certain cold-rolled stainless steel plate in coils
is also excluded from the scope of these orders. The excluded cold-
rolled stainless steel plate in coils is defined as that merchandise
which meets the physical characteristics described above that has
undergone a cold-reduction process that reduced the thickness of the
steel by 25 percent or more, and has been annealed and pickled after
this cold reduction process.
The merchandise subject to these orders 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,
7219.12.00.20, 7219.12.00.25, 7219.12.00.50, 7219.12.00.55,
7219.12.00.65, 7219.12.00.70, 7219.12.00.80, 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
written description of the scope of the orders is dispositive.
Amended Final Determinations
Belgium
In accordance with section 705(d) of the Act, on March 31, 1999,
the Department published its final determination in the countervailing
duty investigation of stainless steel plate in coils from Belgium (64
FR 15567) (Belgium Final). Subsequently, on April 5, 1999, the
petitioners submitted ministerial-error allegations.
The petitioners allege that the Department neglected to include all
relevant years in its net present value calculation when calculating
the benefit from the loan provided to Alfin, pursuant to the Industrial
Reconversion Zone program. Furthermore, the petitioners allege that,
when allocating the benefit from this loan, the Department did not use
the proper discount rate. The respondent did not object to the
petitioners' allegations. We agree with the petitioners on both counts
and have made the necessary adjustments. On this basis, we determine
the countervailable subsidy rate for this program to be 0.18 percent ad
valorem.
[[Page 25289]]
South Africa
In accordance with section 705(d) of the Act, on March 31, 1999,
the Department published its final determination in the countervailing
duty investigation of stainless steel plate in coils from South Africa
(64 FR 15553) (South Africa Final). Subsequently, on March 29, 1999,
Columbus Stainless, the operating division of the Columbus Joint
Venture (Columbus), and the petitioners alleged that the Department had
made ministerial errors in calculating the estimated net
countervailable subsidy rate. We disagree with Columbus that we made a
ministerial error; Columbus' allegation constituted an argument for a
methodological change. We agree with the petitioners that we made a
ministerial error, and therefore we have made a correction in the
calculations. This correction resulted in the estimated net
countervailable subsidy rate attributable to the Section 37E program
increasing from 3.84 percent ad valorem to 3.86 percent ad valorem. The
ministerial-error allegations and the Department's analysis are
detailed in an April 30, 1999, Memorandum to Bernard Carreau, Deputy
Assistant Secretary for AD/CVD Enforcement II, from David Mueller,
Director, Office CVD/AD Enforcement VI, RE: ``Ministerial Error
Allegations filed by Columbus Stainless and Petitioners in the Final
Determination of the Countervailing Duty Investigation of Certain
Stainless Steel Wire Rod [sic] from South Africa, a public version of
which is on file in the Central Records Unit (Room B-099 of the Main
Commerce Building). Thus, the total estimated net countervailable
subsidy rate is 3.95 percent ad valorem for Columbus. This rate also
serves as the ``all others'' rate. See South Africa Final, 64 FR at
15566.
Countervailing Duty Orders
In accordance with section 705(d) of the Act, on March 31, 1999,
the Department published its final determinations in the countervailing
duty investigations of certain stainless steel plate in coils from
Belgium (64 FR 15567), Italy (64 FR 15508) and South Africa (64 FR
15553). On May 3, 1999, in accordance with section 705(d) of the Act,
the International Trade Commission (ITC) notified the Department of its
final determination, pursuant to section 705(b)(1)(A)(i) of the Act,
that an industry in the United States suffered material injury as a
result of subsidized imports of stainless steel plate in coils from
Belgium, Italy and South Africa. In its final determination, however,
the ITC determined that two domestic like products exist for the
merchandise covered by the Department's investigation: i) certain cold-
rolled stainless steel plate in coils, as defined above, and ii) all
other stainless steel plate in coils. The ITC determined pursuant to
section 735(b)(1) that a domestic industry in the United States is not
materially injured or threatened with material injury by reason of
imports of certain cold-rolled stainless steel plate from Belgium and
that imports of certain cold-rolled stainless steel plate in coils from
Italy and South Africa were ``negligible.'' Therefore, the ITC's
affirmative determination of material injury covered all stainless
steel plate in coils other than that specifically excluded under the
``Scope of the Orders'' section above. Accordingly, the scope of the
countervailing duty orders has been amended as described above to
reflect the ITC's distinction between cold-rolled and all other
stainless steel plate in coils.
Therefore, countervailing duties will be assessed on all
unliquidated entries of stainless steel plate in coils from Belgium,
Italy and South Africa entered, or withdrawn from warehouse, for
consumption on or after September 9, 1998, the date on which the
Department published its preliminary countervailing duty determinations
in the Federal Register, and before January 2, 1999, the date the
Department instructed the U.S. Customs Service to terminate the
suspensions of liquidation in accordance with section 703(d) of the
Act, and on all entries and withdrawals on or after the date of
publication of these countervailing duty orders in the Federal
Register. Section 703(d) states that the suspension of liquidation
pursuant to a preliminary determination may not remain in effect for
more than four months. Entries of stainless steel plate in coils made
on or after January 2, 1999, and prior to the date of publication of
these orders in the Federal Register are not liable for the assessment
of countervailing duties due to the Department's termination, effective
January 2, 1999, of the suspensions of liquidation.
In accordance with section 706 of the Act, the Department will
direct U.S. Customs officers to reinstitute the suspensions of
liquidation and to assess, upon further advice by the Department
pursuant to section 706(a)(1) of the Act, countervailing duties for
each entry of the subject merchandise in an amount based on the net
countervailable subsidy rate for the subject merchandise.
On or after the date of publication of this notice in the Federal
Register, U.S. Customs officers must require, at the same time as
importers would normally deposit estimated duties on this merchandise,
a cash deposit equal to the countervailable subsidy rates noted below.
The All Others rates apply to all producers and exporters of stainless
steel plate in coils from Belgium, Italy and South Africa not
specifically listed below. The cash deposit rates are as follows:
Ad Valorem Rates
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Producer/exporter Net subsidy rate
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Belgium:
ALZ....................................... 2.00 percent.
All Others................................ 2.00 percent.
ItalyNet
Acciai Speciali Terni..................... 15.16 percent.
All Others................................ 15.16 percent.
South Africa:
Columbus Stainless (the operating division 3.95 percent.
of the Columbus Joint Venture).
All Others................................ 3.95 percent.
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This notice constitutes the countervailing duty orders with respect
to stainless steel plate in coils from Belgium, Italy and South Africa,
pursuant to section 706(a) of the Act. Interested parties may contact
the Central Records Unit, Room B-099 of the Main Commerce Building, for
copies of an updated list of countervailing duty orders currently in
effect.
These countervailing duty orders and amended finals are published
in accordance with section 706(a) and 705 of the Act and 19 CFR 351.211
and 351.224.
Dated: May 5, 1999.
Robert S. LaRussa
Assistant Secretary for Import Administration.
[FR Doc. 99-11888 Filed 5-10-99; 8:45 am]
BILLING CODE 3510-DS-P
