Final Results of Antidumping Duty Administrative Review: Stainless Steel Sheet and Strip in Coils From Italy, 7472-7474 [E5-598]
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7472
Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–337–806]
Individual Quick Frozen Red
Raspberries from Chile: Notice of
Extension of Time Limit for 2003–2004
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 14, 2005.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas or Cole Kyle, AD/CVD
Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–3813 or (202) 482–
1503, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Statutory Time Limits
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department of Commerce
(‘‘Department’’) to issue the preliminary
results of an administrative review
within 245 days after the last day of the
anniversary month of an order for which
a review is requested and final results
of review within 120 days after the date
on which the preliminary results are
published. If it is not practicable to
complete the review within the time
period, section 751(a)(3)(A) of the Act
allows the Department to extend these
deadlines to a maximum of 365 days
and 180 days, respectively.
Background
On August 30, 2004, the Department
published a notice of initiation of
administrative review of the
antidumping duty order on individual
quick frozen red raspberries from Chile,
covering the period July 1, 2003,
through June 30, 2004. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Requests
for Revocation in Part, (69 FR 52857).
The preliminary results for this review
are currently due no later than April 4,
2005.
Extension of Time Limits for
Preliminary Results
We are currently analyzing sales
information provided by the
respondents in this review. Because the
Department requires additional time to
review, analyze, and possibly verify the
sales information and to issue
supplemental questionnaires, if
necessary, it is not practicable to
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15:28 Feb 11, 2005
Jkt 205001
complete this review within the
originally anticipated time limit (i.e., by
April 4, 2005). Therefore, the
Department is extending the time limit
for completion of the preliminary
results to not later than July 29, 2005,
in accordance with section 751(a)(3)(A)
of the Act.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: February 8, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–597 Filed 2–11–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–475–824
Final Results of Antidumping Duty
Administrative Review: Stainless Steel
Sheet and Strip in Coils From Italy
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 9, 2004, the U.S.
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping order covering
stainless steel sheet and strip in coils
from Italy. See Preliminary Results of
Antidumping Duty Administrative
Review: Stainless Steel Sheet and Strip
in Coils from Italy, 69 FR 48205 (August
9, 2004) (Preliminary Results). The
period of review (POR) is July 1, 2002,
through June 30, 2003. We invited
parties to comment on our Preliminary
Results. Based on our analysis of the
comments received, we have made a
change to 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: February 14, 2005.
FOR FURTHER INFORMATION CONTACT:
Angelica Mendoza at (202) 482–3019,
AD/CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This review covers ThyssenKrupp
Acciai Speciali Terni S.p.A. and its U.S.
affiliate, ThyssenKrupp AST USA, Inc.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
(TKAST USA) (collectively, TKAST or
respondent).
In response to our Preliminary
Results, on September 8, 2004, we
received case briefs from TKAST and
Allegheny Ludlum, AK Steel
Corporation, Butler Armco Independent
Union, J&L Specialty Steel, Inc., North
American Stainless, United
Steelworkers of America, AFL–CIO/
CLC, and Zanesville Armco
Independent Organization (collectively,
petitioners). Both parties submitted
rebuttal briefs on September 15, 2004.
However, on September 22, 2004, the
Department rejected and returned
TKAST’s September 15, 2004, rebuttal
brief as it contained untimely new
factual information. Pursuant to the
Department’s request, TKAST filed a
revised version of its rebuttal brief on
September 24, 2004. Parties did not
request a public hearing.
On November 26, 2004, the
Department extended fully the time
limit, from December 7, 2004, until no
later than February 7, 2005, for the final
results of the instant administrative
review. See Stainless Steel Sheet and
Strip in Coils from Italy: Extension of
Time Limit for Final Results of
Antidumping Duty Administrative
Review, 69 FR 70124 (December 2,
2004).
Scope of the Order
For purposes of this review, the
products covered by the order 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 (HTSUS) at subheadings:
7219.13.0031, 7219.13.0051,
7219.13.0071, 7219.1300.81,1
7219.14.0030, 7219.14.0065,
7219.14.0090, 7219.32.0005,
7219.32.0020, 7219.32.0025,
1 Due to changes to the HTSUS numbers in 2001,
7219.13.0030, 7219.13.0050, 7219.13.0070, and
7219.13.0080 are now 7219.13.0031, 7219.13.0051,
7219.13.0071, and 7219.13.0081, respectively.
E:\FR\FM\14FEN1.SGM
14FEN1
Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Notices
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 HTSUS subheadings are
provided for convenience and customs
purposes, the Department’s written
description of the merchandise is
dispositive.
Excluded from the scope 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 HTSUS, ‘‘Additional
U.S. Note’’ 1(d).
Flapper valve steel is also excluded
from the scope of this 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
valve steel has a tensile strength of
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15:28 Feb 11, 2005
Jkt 205001
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 review.
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.’’2
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
2 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
7473
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.’’3
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.’’4
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).5 This steel is similar to
American Iron and Steel Institute (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.’’6
3 ‘‘Gilphy
36’’ is a trademark of Imphy, S.A.
17’’ is a trademark of Imphy, S.A.
5 This list of uses is illustrative and provided for
descriptive purposes only.
6 ‘‘GIN4 Mo’’ is the proprietary grade of Hitachi
Metals America, Ltd.
4 ‘‘Durphynox
E:\FR\FM\14FEN1.SGM
14FEN1
7474
Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Notices
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’’7 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.’’8
Analysis of Comments Received
All issues raised in case and rebuttal
briefs submitted by parties to this
administrative review are addressed in
the ‘‘Issues and Decision Memorandum’’
(Decision Memo) from Barbara E.
Tillman, Acting Deputy Assistant
Secretary for Import Administration to
Joseph A. Spetrini, Acting Assistant
Secretary for Import Administration,
dated February 7, 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 Memo, 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
room B–099 of the main Department
building. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the internet
at www.ia.ita.doc.gov. The paper copy
and electronic version of the Decision
Memo are identical in content.
Change Since the Preliminary Results
Based on our analysis of comments
received, we have made a change to
TKAST’s margin calculation by
deducting rather than adding billing
adjustments to TKAST’s home market
price.
7 ‘‘GIN5’’ is the proprietary grade of Hitachi
Metals America, Ltd.
8 ‘‘GIN6’’ is the proprietary grade of Hitachi
Metals America, Ltd.
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15:28 Feb 11, 2005
Jkt 205001
Final Results of Review
As a result of our review, we
determine that the following weighted–
average dumping margin exists for the
POR:
Manufacturer/Exporter
Weighted–Average
Margin (percent)
Notification to Interested Parties
ThyssenKrupp Acciai
Speciali Terni S.p.A.
3.72
Assessment
The Department shall determine, and
U.S. Bureau of Customs and Border
Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. In accordance with 19 CFR
351.212(b)(1), we have calculated
exporter/importer–specific assessment
rates. To calculate these rates, we
divided the total dumping margins for
the reviewed sales by the total entered
value of those reviewed sales for each
importer. The Department will issue
appropriate assessment instructions
directly to CBP within 15 days of
publication of these final results of
review. We will direct CBP to assess the
appropriate assessment rate against the
entered CBP values for the subject
merchandise on each of the importer’s
entries under the relevant order during
the POR.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of
this notice of final results of
administrative review for all shipments
of SSSS in coils from Italy entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(1) of the Tariff Act of 1930, as
amended (the Act): (1) the cash deposit
rate for the reviewed company will be
the rate shown above; (2) for previously
reviewed or investigated companies not
listed above, the cash deposit rate will
continue to be the company–specific
rate published for the most recent
period; (3) 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 (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 11.23
percent. This rate is the ‘‘All Others’’
rate from the amended final
determination in the LTFV
investigations. See Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
PO 00000
Frm 00007
Fmt 4703
Order; Stainless Steel Sheet and Strip in
Coils From Italy, 64 FR 40567 (July 27,
1999).
These deposit requirements shall
remain in effect until publication of the
final results of the next administrative
review.
Sfmt 4703
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping or
countervailing 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 antidumping or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. 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 terms of an APO is a
violation which is subject to sanction.
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: February 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
APPENDIX
List of Issues
1. Treatment of Premiums Paid by
ThyssenKrupp AG to Repurchase Shares
Held by the Islamic Republic of Iran
(Iran)
2. Application of Partial Adverse Facts
Available for Certain Components of
ThyssenKrupp Acciai Speciali Terni
S.p.A.’s Reported Standard Costs
3. Deduction of Technical Service
Expenses from U.S. Price
4. Treatment of Non–Dumped Sales
5. Ministerial Error Relating to the
Addition of Billing Adjustments to
Home Market Price
[FR Doc. E5–598 Filed 2–11–05; 8:45 am]
BILLING CODE 3510–DS–S
E:\FR\FM\14FEN1.SGM
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Agencies
[Federal Register Volume 70, Number 29 (Monday, February 14, 2005)]
[Notices]
[Pages 7472-7474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-598]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-475-824
Final Results of Antidumping Duty Administrative Review:
Stainless Steel Sheet and Strip in Coils From Italy
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 9, 2004, the U.S. Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping order covering stainless steel sheet and
strip in coils from Italy. See Preliminary Results of Antidumping Duty
Administrative Review: Stainless Steel Sheet and Strip in Coils from
Italy, 69 FR 48205 (August 9, 2004) (Preliminary Results). The period
of review (POR) is July 1, 2002, through June 30, 2003. We invited
parties to comment on our Preliminary Results. Based on our analysis of
the comments received, we have made a change to 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: February 14, 2005.
FOR FURTHER INFORMATION CONTACT: Angelica Mendoza at (202) 482-3019,
AD/CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
This review covers ThyssenKrupp Acciai Speciali Terni S.p.A. and
its U.S. affiliate, ThyssenKrupp AST USA, Inc. (TKAST USA)
(collectively, TKAST or respondent).
In response to our Preliminary Results, on September 8, 2004, we
received case briefs from TKAST and Allegheny Ludlum, AK Steel
Corporation, Butler Armco Independent Union, J&L Specialty Steel, Inc.,
North American Stainless, United Steelworkers of America, AFL-CIO/CLC,
and Zanesville Armco Independent Organization (collectively,
petitioners). Both parties submitted rebuttal briefs on September 15,
2004. However, on September 22, 2004, the Department rejected and
returned TKAST's September 15, 2004, rebuttal brief as it contained
untimely new factual information. Pursuant to the Department's request,
TKAST filed a revised version of its rebuttal brief on September 24,
2004. Parties did not request a public hearing.
On November 26, 2004, the Department extended fully the time limit,
from December 7, 2004, until no later than February 7, 2005, for the
final results of the instant administrative review. See Stainless Steel
Sheet and Strip in Coils from Italy: Extension of Time Limit for Final
Results of Antidumping Duty Administrative Review, 69 FR 70124
(December 2, 2004).
Scope of the Order
For purposes of this review, the products covered by the order 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 (HTSUS) at
subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81,\1\
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020,
7219.32.0025,
[[Page 7473]]
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 HTSUS subheadings are provided for
convenience and customs purposes, the Department's written description
of the merchandise is dispositive.
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\1\ Due to changes to the HTSUS numbers in 2001, 7219.13.0030,
7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031,
7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively.
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Excluded from the scope 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 HTSUS, ``Additional
U.S. Note'' 1(d).
Flapper valve steel is also excluded from the scope of this 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 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 review. 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.''\2\
---------------------------------------------------------------------------
\2\ ``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.''\3\
---------------------------------------------------------------------------
\3\ ``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.''\4\
---------------------------------------------------------------------------
\4\ ``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).\5\ This steel is similar to American Iron and Steel
Institute (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.''\6\
[[Page 7474]]
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''\7\ 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.''\8\
---------------------------------------------------------------------------
\5\ This list of uses is illustrative and provided for
descriptive purposes only.
\6\ ``GIN4 Mo'' is the proprietary grade of Hitachi Metals
America, Ltd.
\7\ ``GIN5'' is the proprietary grade of Hitachi Metals America,
Ltd.
\8\ ``GIN6'' is the proprietary grade of Hitachi Metals America,
Ltd.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in case and rebuttal briefs submitted by parties
to this administrative review are addressed in the ``Issues and
Decision Memorandum'' (Decision Memo) from Barbara E. Tillman, Acting
Deputy Assistant Secretary for Import Administration to Joseph A.
Spetrini, Acting Assistant Secretary for Import Administration, dated
February 7, 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 Memo, 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 room B-099 of the main Department
building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the internet at www.ia.ita.doc.gov. The
paper copy and electronic version of the Decision Memo are identical in
content.
Change Since the Preliminary Results
Based on our analysis of comments received, we have made a change
to TKAST's margin calculation by deducting rather than adding billing
adjustments to TKAST's home market price.
Final Results of Review
As a result of our review, we determine that the following
weighted-average dumping margin exists for the POR:
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin (percent)
------------------------------------------------------------------------
ThyssenKrupp Acciai Speciali Terni S.p.A............ 3.72
------------------------------------------------------------------------
Assessment
The Department shall determine, and U.S. Bureau of Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have
calculated exporter/importer-specific assessment rates. To calculate
these rates, we divided the total dumping margins for the reviewed
sales by the total entered value of those reviewed sales for each
importer. The Department will issue appropriate assessment instructions
directly to CBP within 15 days of publication of these final results of
review. We will direct CBP to assess the appropriate assessment rate
against the entered CBP values for the subject merchandise on each of
the importer's entries under the relevant order during the POR.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of SSSS in coils from Italy entered, or withdrawn
from warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Tariff Act of 1930, as amended
(the Act): (1) the cash deposit rate for the reviewed company will be
the rate shown above; (2) for previously reviewed or investigated
companies not listed above, the cash deposit rate will continue to be
the company-specific rate published for the most recent period; (3) 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 (4)
the cash deposit rate for all other manufacturers or exporters will
continue to be 11.23 percent. This rate is the ``All Others'' rate from
the amended final determination in the LTFV investigations. See Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order; Stainless Steel Sheet and Strip in Coils From Italy, 64 FR
40567 (July 27, 1999).
These deposit requirements 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 351.402(f) to file a certificate regarding
the reimbursement of antidumping or countervailing 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 antidumping or countervailing duties
occurred and the subsequent assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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 terms of an APO is a violation which is
subject to sanction.
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
APPENDIX
List of Issues
1. Treatment of Premiums Paid by ThyssenKrupp AG to Repurchase Shares
Held by the Islamic Republic of Iran (Iran)
2. Application of Partial Adverse Facts Available for Certain
Components of ThyssenKrupp Acciai Speciali Terni S.p.A.'s Reported
Standard Costs
3. Deduction of Technical Service Expenses from U.S. Price
4. Treatment of Non-Dumped Sales
5. Ministerial Error Relating to the Addition of Billing Adjustments to
Home Market Price
[FR Doc. E5-598 Filed 2-11-05; 8:45 am]
BILLING CODE 3510-DS-S