Stainless Steel Sheet and Strip in Coils From Mexico; Final Results of Antidumping Duty Administrative Review, 3677-3679 [05-1391]
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Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / Notices
limit because additional time is needed
to analyze the questionnaire responses
and supplemental questionnaire
responses submitted by the respondents,
to analyze comments on model-match
methodology submitted by interested
parties, and to conduct verifications of
the respondents. Therefore, we are
extending the time period for issuing
the preliminary results of these reviews
by 60 days, until April 1, 2005.
This notice is published in
accordance with section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2).
Dated: January 14, 2005.
Gary Taverman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–277 Filed 1–25–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–822]
Stainless Steel Sheet and Strip in Coils
From Mexico; Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 6, 2004, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on stainless
steel sheet and strip in coils from
Mexico (69 FR 47905). This review
covers one manufacturer/exporter,
ThyssenKrupp Mexinox S.A. de C.V.
(Mexinox), of the subject merchandise
to the United States during the period
July 1, 2002 to June 30, 2003. Based on
our analysis of the comments received,
we have made changes in the margin
calculation; therefore, the final results
differ from the preliminary results. The
final weighted-average dumping margin
for the reviewed firm is listed below in
the section entitled ‘‘Final Results of
Review.’’
AGENCY:
EFFECTIVE DATE:
January 26, 2005.
FOR FURTHER INFORMATION CONTACT:
Angela Strom at (202) 482–2704,
Maryanne Burke at (202) 482–5604 or
Robert James at (202) 482–0649, AD/
CVD Operations, Office VII, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
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19:33 Jan 25, 2005
Jkt 205001
Background
On August 6, 2004, the Department
published in the Federal Register the
preliminary results of the administrative
review of the antidumping duty order
on stainless steel sheet and strip in coils
from Mexico for the period July 1, 2002
to June 30, 2003. See Stainless Steel
Sheet and Strip in Coils from Mexico;
Preliminary Results of Antidumping
Duty Administrative Review, 69 FR
47905 (August 6, 2004). In response to
the Department’s invitation to comment
on the preliminary results of this
review, Mexinox and Allegheny
Ludlum, AK Steel Corporation (formerly
Armco, Inc.), J&L Specialty Steel, Inc.,
North American Stainless, Butler-Armco
Independent Union, Zanesville Armco
Independent Organization, Inc. and the
United Steelworkers of America, AFLCIO/CLC (collectively, petitioners) filed
their case briefs on September 7, 2004.
Mexinox and petitioners submitted their
rebuttal briefs on September 14, 2004.
On November 26, 2004, we published in
the Federal Register our notice of
extension of time limit for this review.
See Stainless Steel Sheet and Strip in
Coils from Mexico; Antidumping Duty
Administrative Review; Extension of
Time Limit, 69 FR 68882 (November 26,
2004). This extension notice established
the new deadline of January 14, 2005 for
the final results of this review.
Period of Review
The period of review (POR) is July 1,
2002 to June 30, 2003.
Scope of the Review
For purposes of this administrative
review, the products covered are certain
stainless steel sheet and strip 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 sheet and strip is
a flat-rolled product in coils that is
greater than 9.5 mm in width and less
than 4.75 mm in thickness, and that is
annealed or otherwise heat treated and
pickled or otherwise descaled. The
subject sheet and strip may also be
further processed (e.g., cold-rolled,
polished, aluminized, coated, etc.)
provided that it maintains the specific
dimensions of sheet and strip following
such processing. The merchandise
subject to this order is currently
classifiable in the Harmonized Tariff
Schedule of the United States (‘‘HTS’’)
at subheadings: 7219.13.0031,
7219.13.0051, 7219.13.0071,
7219.1300.81, 7219.14.0030,
7219.14.0065, 7219.14.0090,
7219.32.0005, 7219.32.0020,
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3677
7219.32.0025, 7219.32.0035,
7219.32.0036, 7219.32.0038,
7219.32.0042, 7219.32.0044,
7219.33.0005, 7219.33.0020,
7219.33.0025, 7219.33.0035,
7219.33.0036, 7219.33.0038,
7219.33.0042, 7219.33.0044,
7219.34.0005, 7219.34.0020,
7219.34.0025, 7219.34.0030,
7219.34.0035, 7219.35.0005,
7219.35.0015, 7219.35.0030,
7219.35.0035, 7219.90.0010,
7219.90.0020, 7219.90.0025,
7219.90.0060, 7219.90.0080,
7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015,
7220.20.1060, 7220.20.1080,
7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060,
7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015,
7220.20.7060, 7220.20.7080,
7220.20.8000, 7220.20.9030,
7220.20.9060, 7220.90.0010,
7220.90.0015, 7220.90.0060, and
7220.90.0080. Although the HTS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise under review is
dispositive.
Excluded from the review of this
order are the following: (1) Sheet and
strip that is not annealed or otherwise
heat treated and pickled or otherwise
descaled, (2) sheet and strip that is cut
to length, (3) plate (i.e., flat-rolled
stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e.,
cold-rolled sections, with a prepared
edge, rectangular in shape, of a width of
not more than 9.5 mm), and (5) razor
blade steel. Razor blade steel is a flatrolled product of stainless steel, not
further worked than cold-rolled (coldreduced), in coils, of a width of not
more than 23 mm and a thickness of
0.266 mm or less, containing, by weight,
12.5 to 14.5 percent chromium, and
certified at the time of entry to be used
in the manufacture of razor blades. See
chapter 72 of the HTS, ‘‘Additional U.S.
Note’’ 1(d).
Flapper valve steel is also excluded
from the scope of the order. This
product is defined as stainless steel strip
in coils containing, by weight, between
0.37 and 0.43 percent carbon, between
1.15 and 1.35 percent molybdenum, and
between 0.20 and 0.80 percent
manganese. This steel also contains, by
weight, phosphorus of 0.025 percent or
less, silicon of between 0.20 and 0.50
percent, and sulfur of 0.020 percent or
less. The product is manufactured by
means of vacuum arc remelting, with
inclusion controls for sulphide of no
more than 0.04 percent and for oxide of
no more than 0.05 percent. Flapper
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Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / Notices
valve steel has a tensile strength of
between 210 and 300 ksi, yield strength
of between 170 and 270 ksi, plus or
minus 8 ksi, and a hardness (Hv) of
between 460 and 590. Flapper valve
steel is most commonly used to produce
specialty flapper valves in compressors.
Also excluded is a product referred to
as suspension foil, a specialty steel
product used in the manufacture of
suspension assemblies for computer
disk drives. Suspension foil is described
as 302/304 grade or 202 grade stainless
steel of a thickness between 14 and 127
microns, with a thickness tolerance of
plus-or-minus 2.01 microns, and surface
glossiness of 200 to 700 percent Gs.
Suspension foil must be supplied in coil
widths of not more than 407 mm, and
with a mass of 225 kg or less. Roll marks
may only be visible on one side, with
no scratches of measurable depth. The
material must exhibit residual stresses
of 2 mm maximum deflection, and
flatness of 1.6 mm over 685 mm length.
Certain stainless steel foil for
automotive catalytic converters is also
excluded from the scope of this order.
This stainless steel strip in coils is a
specialty foil with a thickness of
between 20 and 110 microns used to
produce a metallic substrate with a
honeycomb structure for use in
automotive catalytic converters. The
steel contains, by weight, carbon of no
more than 0.030 percent, silicon of no
more than 1.0 percent, manganese of no
more than 1.0 percent, chromium of
between 19 and 22 percent, aluminum
of no less than 5.0 percent, phosphorus
of no more than 0.045 percent, sulfur of
no more than 0.03 percent, lanthanum
of less than 0.002 or greater than 0.05
percent, and total rare earth elements of
more than 0.06 percent, with the
balance iron.
Permanent magnet iron-chromiumcobalt alloy stainless strip is also
excluded from the scope of this order.
This ductile stainless steel strip
contains, by weight, 26 to 30 percent
chromium, and 7 to 10 percent cobalt,
with the remainder of iron, in widths
228.6 mm or less, and a thickness
between 0.127 and 1.270 mm. It exhibits
magnetic remanence between 9,000 and
12,000 gauss, and a coercivity of
between 50 and 300 oersteds. This
product is most commonly used in
electronic sensors and is currently
available under proprietary trade names
such as ‘‘Arnokrome III.’’ 1
Certain electrical resistance alloy steel
is also excluded from the scope of this
order. This product is defined as a nonmagnetic stainless steel manufactured to
American Society of Testing and
Materials (‘‘ASTM’’) specification B344
and containing, by weight, 36 percent
nickel, 18 percent chromium, and 46
percent iron, and is most notable for its
resistance to high temperature
corrosion. It has a melting point of 1390
degrees Celsius and displays a creep
rupture limit of 4 kilograms per square
millimeter at 1000 degrees Celsius. This
steel is most commonly used in the
production of heating ribbons for circuit
breakers and industrial furnaces, and in
rheostats for railway locomotives. The
product is currently available under
proprietary trade names such as ‘‘Gilphy
36.’’ 2
Certain martensitic precipitationhardenable stainless steel is also
excluded from the scope of this order.
This high-strength, ductile stainless
steel product is designated under the
Unified Numbering System (‘‘UNS’’) as
S45500-grade steel, and contains, by
weight, 11 to 13 percent chromium, and
7 to 10 percent nickel. Carbon,
manganese, silicon and molybdenum
each comprise, by weight, 0.05 percent
or less, with phosphorus and sulfur
each comprising, by weight, 0.03
percent or less. This steel has copper,
niobium, and titanium added to achieve
aging, and will exhibit yield strengths as
high as 1700 Mpa and ultimate tensile
strengths as high as 1750 Mpa after
aging, with elongation percentages of 3
percent or less in 50 mm. It is generally
provided in thicknesses between 0.635
and 0.787 mm, and in widths of 25.4
mm. This product is most commonly
used in the manufacture of television
tubes and is currently available under
proprietary trade names such as
‘‘Durphynox 17.’’ 3
Finally, three specialty stainless steels
typically used in certain industrial
blades and surgical and medical
instruments are also excluded from the
scope of this order. These include
stainless steel strip in coils used in the
production of textile cutting tools (e.g.,
carpet knives).4 This steel is similar to
AISI grade 420 but containing, by
weight, 0.5 to 0.7 percent of
molybdenum. The steel also contains,
by weight, carbon of between 1.0 and
1.1 percent, sulfur of 0.020 percent or
less, and includes between 0.20 and
0.30 percent copper and between 0.20
and 0.50 percent cobalt. This steel is
sold under proprietary names such as
‘‘GIN4 Mo.’’ The second excluded
stainless steel strip in coils is similar to
AISI 420–J2 and contains, by weight,
2 ‘‘Gilphy
36’’ is a trademark of Imphy, S.A.
17’’ is a trademark of Imphy, S.A.
4 This list of uses is illustrative and provided for
descriptive purposes only.
carbon of between 0.62 and 0.70
percent, silicon of between 0.20 and
0.50 percent, manganese of between
0.45 and 0.80 percent, phosphorus of no
more than 0.025 percent and sulfur of
no more than 0.020 percent. This steel
has a carbide density on average of 100
carbide particles per 100 square
microns. An example of this product is
‘‘GIN5’’ steel. The third specialty steel
has a chemical composition similar to
AISI 420 F, with carbon of between 0.37
and 0.43 percent, molybdenum of
between 1.15 and 1.35 percent, but
lower manganese of between 0.20 and
0.80 percent, phosphorus of no more
than 0.025 percent, silicon of between
0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product
is supplied with a hardness of more
than Hv 500 guaranteed after customer
processing, and is supplied as, for
example, ‘‘GIN6.’’ 5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the ‘‘Issues and Decision Memorandum’’
(Decision Memorandum) from Barbara
Tillman, Acting Deputy Assistant
Secretary for Import Administration, to
Joseph A. Spetrini, Acting Assistant
Secretary for Import Administration,
dated January 14, 2005, which is hereby
adopted by this notice. A list of the
issues which parties have raised and to
which we have responded, all of which
are in the Decision Memorandum, is
attached to this notice as an appendix.
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 Department
building. In addition, a complete
version of the Decision Memorandum
can be accessed directly via the Internet
at https://www.ia.ita.doc.gov. The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made the
following changes to the margin
calculation:
• We have recalculated Mexinox’s
general and administrative expenses
(G&A) ratio and have applied it to
Mexinox’s reported cost of manufacture
(COM).
• We have recalculated the interest
expense (INTEX) ratio and have applied
3 ‘‘Durphynox
1 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
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19:33 Jan 25, 2005
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Fmt 4703
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5 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ and ‘‘GIN6’’ are the
proprietary grades of Hitachi Metals America, Ltd.
E:\FR\FM\26JAN1.SGM
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Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / Notices
it to Mexinox’s reported cost of
manufacture (COM).
• We have revised the cost of
production (COP) by adjusting the
interest expense (INTEX) rate of
Mexinox’s corporate parent,
ThyssenKrupp AG, and incorporating it
into the major input analysis. This
impacts direct material inputs
(DIRMAT) used for purposes of
calculating the total cost of manufacture
(TOTCOM).
• We have accepted the respondentreported annealing and pickling
adjustment used to recalculate
TOTCOM.
These changes are discussed in the
relevant sections of the Decision
Memorandum and the January 14, 2005
‘‘Analysis of data Submitted by Thyssen
Krupp Mexinox S.A. de C.V (Mexinox)
for the Final Results of Stainless Steel
Sheet and Strip in Coils from Mexico
(A–201–822)’’ (‘‘Analysis
Memorandum’’).
Final Results of Review
We determine the following weightedaverage percentage margin exists for the
period July 1, 2002 to June 30, 2003:
Manufacturer/exporter
Weighted average margin
(percentage)
ThyssenKrupp Mexinox S.A.
de C.V ...............................
5.42
Assessment
The Department shall determine and
Customs and Border Protection
(Customs) shall assess antidumping
duties on all appropriate entries. In
accordance with 19 CFR section
351.212(b)(1), we have calculated
importer-specific ad valorem duty
assessment rates. Where the importerspecific assessment rate is above de
minimis, we will instruct Customs to
assess duties on all entries of subject
merchandise by that importer. The
Department will issue appropriate
assessment instructions directly to
Customs within 15 days of publication
of these final results of review. We will
direct Customs to assess the resulting
assessment rate against the entered
Customs values for the subject
merchandise on each of the importer’s
entries under the relevant order during
the POR. See 19 CFR section 351.212(a).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
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19:33 Jan 25, 2005
Jkt 205001
publication date of these final results of
administrative review, as provided by
section 751(a)(1) of the Tariff Act of
1930 as amended (the Tariff Act): (1)
The cash deposit rate for the reviewed
company will be the rate listed above;
(2) if the exporter is not a firm covered
in this review, a prior review, or the
original less than fair value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (3) the cash deposit
rate for all other manufacturers or
exporters will continue to be the ‘‘all
others’’ rate of 30.85 percent, which is
the ‘‘All Others’’ rate established in the
LTFV investigation. See Notice of Final
Determination of Sales at Less Than
Fair Value: Stainless Steel Sheet and
Strip in Coils from Mexico, 64 FR 30790
(June 8, 1999). These deposit
requirements, when imposed, shall
remain in effect until publication of the
final results of the next administrative
review.
Notification to Interested Parties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR section
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR section 351.305, that
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or 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.
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act.
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3679
Dated: January 14, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import
Administration.
Appendix—Issues in Decision
Memorandum
Adjustments to Normal Value
Comment 1: Home Market Post-Sale Price
Adjustments
Comment 2: Level of Trade
Comment 3: Handling Expenses
Comment 4: Peso-Based Interest Rate for
Home Market Sales
Adjustments to United States Price
Comment 5: CEP Profit
Comment 6: Bankruptcy-Related Bad Debt
Comment 7: Certain Service Expenses
Recorded by Mexinox USA
Cost of Production
Comment 8: Monthly-Averaging Costs of
Raw Material Inputs
Comment 9: Annealing and Pickling Cost
Adjustment
Comment 10: General and Administrative
Expenses
Comment 11: Financial Expenses
Comment 12: Below-Cost Test
Comment 13: Pricing in Major Input
Analysis
Comment 14: Cost Build-Up in Major Input
Analysis
Margin Calculations
Comment 15: Repurchase of ThyssenKrupp
AG Shares
Comment 16: Treatment of Non-Dumped
Sales
Comment 17: Circumstances of Sale
Adjustment
[FR Doc. 05–1391 Filed 1–25–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–848]
Final Results of Countervailing Duty
Expedited Review: Hard Red Spring
Wheat From Canada
AGENCY:
Import Administration, International
Trade Administration, Department of
Commerce.
SUMMARY:
On October 21, 2004, the Department
of Commerce published the preliminary
results of the expedited review of the
countervailing duty order on hard red
spring wheat from Canada. The
company covered by this review was
Richelain Farms. The period of review
is August 1, 2001, through July 31, 2002.
We gave interested parties an
opportunity to comment on those
results. None were submitted. Thus, the
final results of the expedited review do
not differ from the preliminary results,
in which we found that countervailable
E:\FR\FM\26JAN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Notices]
[Pages 3677-3679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1391]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-822]
Stainless Steel Sheet and Strip in Coils From Mexico; Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 6, 2004, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on stainless steel sheet and strip in coils from
Mexico (69 FR 47905). This review covers one manufacturer/exporter,
ThyssenKrupp Mexinox S.A. de C.V. (Mexinox), of the subject merchandise
to the United States during the period July 1, 2002 to June 30, 2003.
Based on our analysis of the comments received, we have made changes in
the margin calculation; therefore, the final results differ from the
preliminary results. The final weighted-average dumping margin for the
reviewed firm is listed below in the section entitled ``Final Results
of Review.''
EFFECTIVE DATE: January 26, 2005.
FOR FURTHER INFORMATION CONTACT: Angela Strom at (202) 482-2704,
Maryanne Burke at (202) 482-5604 or Robert James at (202) 482-0649, AD/
CVD Operations, Office VII, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2004, the Department published in the Federal Register
the preliminary results of the administrative review of the antidumping
duty order on stainless steel sheet and strip in coils from Mexico for
the period July 1, 2002 to June 30, 2003. See Stainless Steel Sheet and
Strip in Coils from Mexico; Preliminary Results of Antidumping Duty
Administrative Review, 69 FR 47905 (August 6, 2004). In response to the
Department's invitation to comment on the preliminary results of this
review, Mexinox and Allegheny Ludlum, AK Steel Corporation (formerly
Armco, Inc.), J&L Specialty Steel, Inc., North American Stainless,
Butler-Armco Independent Union, Zanesville Armco Independent
Organization, Inc. and the United Steelworkers of America, AFL-CIO/CLC
(collectively, petitioners) filed their case briefs on September 7,
2004. Mexinox and petitioners submitted their rebuttal briefs on
September 14, 2004. On November 26, 2004, we published in the Federal
Register our notice of extension of time limit for this review. See
Stainless Steel Sheet and Strip in Coils from Mexico; Antidumping Duty
Administrative Review; Extension of Time Limit, 69 FR 68882 (November
26, 2004). This extension notice established the new deadline of
January 14, 2005 for the final results of this review.
Period of Review
The period of review (POR) is July 1, 2002 to June 30, 2003.
Scope of the Review
For purposes of this administrative review, the products covered
are certain stainless steel sheet and strip 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 sheet and strip is a flat-rolled product in coils that is
greater than 9.5 mm in width and less than 4.75 mm in thickness, and
that is annealed or otherwise heat treated and pickled or otherwise
descaled. The subject sheet and strip may also be further processed
(e.g., cold-rolled, polished, aluminized, coated, etc.) provided that
it maintains the specific dimensions of sheet and strip following such
processing. The merchandise subject to this order is currently
classifiable in the Harmonized Tariff Schedule of the United States
(``HTS'') at subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071,
7219.1300.81, 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005,
7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038,
7219.32.0042, 7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025,
7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044,
7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035,
7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010,
7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000,
7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080,
7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080,
7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080,
7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015,
7220.90.0060, and 7220.90.0080. Although the HTS subheadings are
provided for convenience and customs purposes, the Department's written
description of the merchandise under review is dispositive.
Excluded from the review of this order are the following: (1) Sheet
and strip that is not annealed or otherwise heat treated and pickled or
otherwise descaled, (2) sheet and strip that is cut to length, (3)
plate (i.e., flat-rolled stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a
prepared edge, rectangular in shape, of a width of not more than 9.5
mm), and (5) razor blade steel. Razor blade steel is a flat-rolled
product of stainless steel, not further worked than cold-rolled (cold-
reduced), in coils, of a width of not more than 23 mm and a thickness
of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent
chromium, and certified at the time of entry to be used in the
manufacture of razor blades. See chapter 72 of the HTS, ``Additional
U.S. Note'' 1(d).
Flapper valve steel is also excluded from the scope of the order.
This product is defined as stainless steel strip in coils containing,
by weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35
percent molybdenum, and between 0.20 and 0.80 percent manganese. This
steel also contains, by weight, phosphorus of 0.025 percent or less,
silicon of between 0.20 and 0.50 percent, and sulfur of 0.020 percent
or less. The product is manufactured by means of vacuum arc remelting,
with inclusion controls for sulphide of no more than 0.04 percent and
for oxide of no more than 0.05 percent. Flapper
[[Page 3678]]
valve steel has a tensile strength of between 210 and 300 ksi, yield
strength of between 170 and 270 ksi, plus or minus 8 ksi, and a
hardness (Hv) of between 460 and 590. Flapper valve steel is most
commonly used to produce specialty flapper valves in compressors.
Also excluded is a product referred to as suspension foil, a
specialty steel product used in the manufacture of suspension
assemblies for computer disk drives. Suspension foil is described as
302/304 grade or 202 grade stainless steel of a thickness between 14
and 127 microns, with a thickness tolerance of plus-or-minus 2.01
microns, and surface glossiness of 200 to 700 percent Gs. Suspension
foil must be supplied in coil widths of not more than 407 mm, and with
a mass of 225 kg or less. Roll marks may only be visible on one side,
with no scratches of measurable depth. The material must exhibit
residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm
over 685 mm length.
Certain stainless steel foil for automotive catalytic converters is
also excluded from the scope of this order. This stainless steel strip
in coils is a specialty foil with a thickness of between 20 and 110
microns used to produce a metallic substrate with a honeycomb structure
for use in automotive catalytic converters. The steel contains, by
weight, carbon of no more than 0.030 percent, silicon of no more than
1.0 percent, manganese of no more than 1.0 percent, chromium of between
19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of
no more than 0.045 percent, sulfur of no more than 0.03 percent,
lanthanum of less than 0.002 or greater than 0.05 percent, and total
rare earth elements of more than 0.06 percent, with the balance iron.
Permanent magnet iron-chromium-cobalt alloy stainless strip is also
excluded from the scope of this order. This ductile stainless steel
strip contains, by weight, 26 to 30 percent chromium, and 7 to 10
percent cobalt, with the remainder of iron, in widths 228.6 mm or less,
and a thickness between 0.127 and 1.270 mm. It exhibits magnetic
remanence between 9,000 and 12,000 gauss, and a coercivity of between
50 and 300 oersteds. This product is most commonly used in electronic
sensors and is currently available under proprietary trade names such
as ``Arnokrome III.'' \1\
---------------------------------------------------------------------------
\1\ ``Arnokrome III'' is a trademark of the Arnold Engineering
Company.
---------------------------------------------------------------------------
Certain electrical resistance alloy steel is also excluded from the
scope of this order. This product is defined as a non-magnetic
stainless steel manufactured to American Society of Testing and
Materials (``ASTM'') specification B344 and containing, by weight, 36
percent nickel, 18 percent chromium, and 46 percent iron, and is most
notable for its resistance to high temperature corrosion. It has a
melting point of 1390 degrees Celsius and displays a creep rupture
limit of 4 kilograms per square millimeter at 1000 degrees Celsius.
This steel is most commonly used in the production of heating ribbons
for circuit breakers and industrial furnaces, and in rheostats for
railway locomotives. The product is currently available under
proprietary trade names such as ``Gilphy 36.'' \2\
---------------------------------------------------------------------------
\2\ ``Gilphy 36'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------
Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of this order. This high-strength, ductile
stainless steel product is designated under the Unified Numbering
System (``UNS'') as S45500-grade steel, and contains, by weight, 11 to
13 percent chromium, and 7 to 10 percent nickel. Carbon, manganese,
silicon and molybdenum each comprise, by weight, 0.05 percent or less,
with phosphorus and sulfur each comprising, by weight, 0.03 percent or
less. This steel has copper, niobium, and titanium added to achieve
aging, and will exhibit yield strengths as high as 1700 Mpa and
ultimate tensile strengths as high as 1750 Mpa after aging, with
elongation percentages of 3 percent or less in 50 mm. It is generally
provided in thicknesses between 0.635 and 0.787 mm, and in widths of
25.4 mm. This product is most commonly used in the manufacture of
television tubes and is currently available under proprietary trade
names such as ``Durphynox 17.'' \3\
---------------------------------------------------------------------------
\3\ ``Durphynox 17'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------
Finally, three specialty stainless steels typically used in certain
industrial blades and surgical and medical instruments are also
excluded from the scope of this order. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
carpet knives).\4\ This steel is similar to AISI grade 420 but
containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also
contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of
0.020 percent or less, and includes between 0.20 and 0.30 percent
copper and between 0.20 and 0.50 percent cobalt. This steel is sold
under proprietary names such as ``GIN4 Mo.'' The second excluded
stainless steel strip in coils is similar to AISI 420-J2 and contains,
by weight, carbon of between 0.62 and 0.70 percent, silicon of between
0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent,
phosphorus of no more than 0.025 percent and sulfur of no more than
0.020 percent. This steel has a carbide density on average of 100
carbide particles per 100 square microns. An example of this product is
``GIN5'' steel. The third specialty steel has a chemical composition
similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent,
molybdenum of between 1.15 and 1.35 percent, but lower manganese of
between 0.20 and 0.80 percent, phosphorus of no more than 0.025
percent, silicon of between 0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product is supplied with a hardness of
more than Hv 500 guaranteed after customer processing, and is supplied
as, for example, ``GIN6.'' \5\
---------------------------------------------------------------------------
\4\ This list of uses is illustrative and provided for
descriptive purposes only.
\5\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) from Barbara Tillman, Acting Deputy
Assistant Secretary for Import Administration, to Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration, dated January 14,
2005, which is hereby adopted by this notice. A list of the issues
which parties have raised and to which we have responded, all of which
are in the Decision Memorandum, is attached to this notice as an
appendix. 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 Department building. In addition, a complete version of the
Decision Memorandum can be accessed directly via the Internet at http:/
/www.ia.ita.doc.gov. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made the
following changes to the margin calculation:
We have recalculated Mexinox's general and administrative
expenses (G&A) ratio and have applied it to Mexinox's reported cost of
manufacture (COM).
We have recalculated the interest expense (INTEX) ratio
and have applied
[[Page 3679]]
it to Mexinox's reported cost of manufacture (COM).
We have revised the cost of production (COP) by adjusting
the interest expense (INTEX) rate of Mexinox's corporate parent,
ThyssenKrupp AG, and incorporating it into the major input analysis.
This impacts direct material inputs (DIRMAT) used for purposes of
calculating the total cost of manufacture (TOTCOM).
We have accepted the respondent-reported annealing and
pickling adjustment used to recalculate TOTCOM.
These changes are discussed in the relevant sections of the
Decision Memorandum and the January 14, 2005 ``Analysis of data
Submitted by Thyssen Krupp Mexinox S.A. de C.V (Mexinox) for the Final
Results of Stainless Steel Sheet and Strip in Coils from Mexico (A-201-
822)'' (``Analysis Memorandum'').
Final Results of Review
We determine the following weighted-average percentage margin
exists for the period July 1, 2002 to June 30, 2003:
------------------------------------------------------------------------
Weighted
Manufacturer/exporter average margin
(percentage)
------------------------------------------------------------------------
ThyssenKrupp Mexinox S.A. de C.V....................... 5.42
------------------------------------------------------------------------
Assessment
The Department shall determine and Customs and Border Protection
(Customs) shall assess antidumping duties on all appropriate entries.
In accordance with 19 CFR section 351.212(b)(1), we have calculated
importer-specific ad valorem duty assessment rates. Where the importer-
specific assessment rate is above de minimis, we will instruct Customs
to assess duties on all entries of subject merchandise by that
importer. The Department will issue appropriate assessment instructions
directly to Customs within 15 days of publication of these final
results of review. We will direct Customs to assess the resulting
assessment rate against the entered Customs values for the subject
merchandise on each of the importer's entries under the relevant order
during the POR. See 19 CFR section 351.212(a).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of these final results of administrative
review, as provided by section 751(a)(1) of the Tariff Act of 1930 as
amended (the Tariff Act): (1) The cash deposit rate for the reviewed
company will be the rate listed above; (2) if the exporter is not a
firm covered in this review, a prior review, or the original less than
fair value (LTFV) investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recent period
for the manufacturer of the merchandise; and (3) the cash deposit rate
for all other manufacturers or exporters will continue to be the ``all
others'' rate of 30.85 percent, which is the ``All Others'' rate
established in the LTFV investigation. See Notice of Final
Determination of Sales at Less Than Fair Value: Stainless Steel Sheet
and Strip in Coils from Mexico, 64 FR 30790 (June 8, 1999). These
deposit requirements, when imposed, shall remain in effect until
publication of the final results of the next administrative review.
Notification to Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR section 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR section 351.305, that continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or 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.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act.
Dated: January 14, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
Adjustments to Normal Value
Comment 1: Home Market Post-Sale Price Adjustments
Comment 2: Level of Trade
Comment 3: Handling Expenses
Comment 4: Peso-Based Interest Rate for Home Market Sales
Adjustments to United States Price
Comment 5: CEP Profit
Comment 6: Bankruptcy-Related Bad Debt
Comment 7: Certain Service Expenses Recorded by Mexinox USA
Cost of Production
Comment 8: Monthly-Averaging Costs of Raw Material Inputs
Comment 9: Annealing and Pickling Cost Adjustment
Comment 10: General and Administrative Expenses
Comment 11: Financial Expenses
Comment 12: Below-Cost Test
Comment 13: Pricing in Major Input Analysis
Comment 14: Cost Build-Up in Major Input Analysis
Margin Calculations
Comment 15: Repurchase of ThyssenKrupp AG Shares
Comment 16: Treatment of Non-Dumped Sales
Comment 17: Circumstances of Sale Adjustment
[FR Doc. 05-1391 Filed 1-25-05; 8:45 am]
BILLING CODE 3510-DS-P
