DOC amends final results of CVD review CTL plate from Italy

DOC amends final results of CVD review CTL plate from Italy

The US Department of Commerce (DOC) amended final results of a countervailing duty review on cut-to-length plate from Italy. On December 29, 1999, the DOC published its affirmative countervailing duty determination on Italian plate. Following the publication of the determination, Italian producers Ilva S.p.A and ILVA Lamieri e Tubi S.r.l. (collectively ILVA), challenged the DOC's determination. Upon the petition, the US International Trade Commission (ITC) ordered the DOC to re-examine the facts of the proceeding. The DOC wrote several redeterminations in the ILVA case, culminating with the third redetermination on August 28, 2003. The cash deposit rate for ILVA in Redetermination I through Retermination III was 2.45 percent. In a separate proceeding, on November 17, 2003, the DOC imposed countervailing duties on certain steel products from the European Communities. At that time, the cash deposit rate for ILVA was determined as 3.44 percent. However, the ITC, on March 26, 2004, sustained the DOC's third redetermination, affirming the DOC's calculated cash deposit rate of 2.45 percent. Since an inconsistency emerged with respect to the deposit rate for ILVA, the case was taken to the Federal Circuit. On February 10, 2005, the Federal Circuit issued a non-precedential decision affirming the ITC's decision. Accordingly, the DOC, since there is a final decision in the court proceeding, decided to amend the final determination and to establish the revised countervailing duty rate of 2.45 percent, effective as of April 16, 2004 through December 31, 2004. A 3.44 percent ad valorem duty on imports of subject merchandise from ILVA will be assessed on or after January 1, 2004 through April 15, 2004.