Stainless Steel Sheet and Strip in Coils from France: Amended Final Results of Antidumping Administrative Review, 12850-12853 [E5-1160]
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Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices
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Dated: February 23, 2005.
Peter J. Thomas,
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[FR Doc. 05–5124 Filed 3–15–05; 8:45 am]
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projected levels be received.
SUPPLEMENTARY INFORMATION:
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DEPARTMENT OF COMMERCE
International Trade Administration
A–427–814
Stainless Steel Sheet and Strip in Coils
from France: Amended Final Results of
Antidumping Administrative Review
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On February 11, 2005, the
Department of Commerce (Department)
published the final results of its
administrative review of the
antidumping duty order on stainless
steel sheet and strip in coils (SSSS) from
France for the period from July 1, 2002,
to June 30, 2003 in the Federal Register.
See Stainless Steel Sheet and Strip in
Coils from France: Final Results of
Antidumping Administrative Review, 70
FR 7240 (February 11, 2005) (Final
Results). We are amending our Final
Results to correct ministerial errors
alleged by Petitioners1 pursuant to
AGENCY:
1 Allegheny Ludlum Corporation, AK Steel, Inc.,
North American Stainless, United Steelworkers of
America, AFL-CIO/CLC, Butler Armco Independent
Union, and Zanesville Armco Independent
Organization are the Petitioners in this case.
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Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices
section 751(h) of the Tariff Act of 1930,
as amended (the Act).
EFFECTIVE DATE: March 16, 2005.
FOR FURTHER INFORMATION CONTACT:
Sebastian Wright or Sean Carey at (202)
482–5254 and (202) 482–3964,
respectively; AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Antidumping Duty Order
For purposes of this administrative
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 (‘‘HTS’’) at subheadings:
7219.13.0031, 7219.13.0051,
7219.13.0071, 7219.1300.812,
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,
2 Due to changes to the HTS 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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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
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.
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12851
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.’’3
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.’’4
Certain martensitic precipitation–
hardenable stainless steel is also
excluded from the scope of this order.
3 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
4 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A.
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Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices
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.’’5
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).6 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
17’’ is a trademark of Imphy, S.A.
list of uses is illustrative and provided for
descriptive purposes only.
processing, and is supplied as, for
example, ‘‘GIN6’’.7
Amendment of Final Results
On February 11, 2005, the Department
published the final results for its review
of the antidumping duty order on SSSS
from France. See Final Results. On
February 11, 2005, in accordance with
section 751(h) of the Act and 19 C.F.R.
351.224(c)(2), Petitioners timely filed an
allegation that the Department erred in
its calculation of the antidumping
margin by failing to convert the variable
for U.S. further manufacturing costs
(FURMANU) from U.S. dollars per
pound to U.S. dollars per kilogram in its
margin calculation program. Ugine &
ALZ France, S.A. (UA France) did not
allege any ministerial errors, nor did it
rebut Petitioners’ allegations.
Petitioners allege that the Department
failed to convert the variable
FURMANU from U.S. dollars per pound
to U.S. dollars per kilogram. Petitioners
note that the Department used UA
France’s U.S. sales file, which included
FURMANU. Petitioners state that after
merging the U.S. exchange rates with
the U.S. sales file, the Department
converted the U.S. sales expenses from
a value per pound to a value per
kilogram for all the expenses except
FURMANU. This conversion from per–
pound amounts to per–kilogram
amounts was necessary because UA
France submitted its home–market sales
and costs files on a per–kilogram basis.
According to Petitioners, the failure to
convert FURMANU from U.S. dollars
per pound to U.S. dollars per kilogram
resulted in an overstatement of the net
U.S. price and an understatement of the
antidumping duty margin. In order to
correct this ministerial error, Petitioners
suggested that the Department revise the
margin calculation program at Line 2670
to account for the conversion to per–
kilogram values.
The Act, as well as the Department’s
regulations, define a ministerial error as
one involving ‘‘addition, subtraction, or
other arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
Secretary considers ministerial.’’ See
section 751(h) of the Act and 19 C.F.R.
351.224(f).
After reviewing Petitioners’
allegation, we have determined that the
alleged error is a ministerial error
pursuant to section 751(h) of the Act
and 19 C.F.R. 351.224(f). Therefore, we
are amending the Final Results to
correct the above–described ministerial
5 ‘‘Durphynox
6 This
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7 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ and ‘‘GIN6’’ are the
proprietary grades of Hitachi Metals America, Ltd.
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error. We agree with Petitioners that
FURMANU should be converted from
U.S. dollars per pound to U.S. dollars
per kilogram. The Department agrees
that to correct the Department’s
ministerial error line 2670 should be
amended to: FURMANU = FURMANU/
0.4536.
Amended Final Results of Review
In the Final Results, the Department
determined the antidumping margin for
UA France to be 9.65 percent. As a
result of correcting the ministerial error,
the Department is amending the
antidumping margin for UA France as
follows:
Manufacturer/Exporter
Margin (percent)
Ugine & ALZ France,
S.A. ...........................
11.12
Cash Deposit Requirements
The following antidumping duty
deposit rates will be required on all
shipments of SSSS from France entered,
or withdrawn from warehouse, for
consumption on or after the publication
date of these final results, as provided
for by section 751(a)(1) of the Act: (1) for
UA France, the cash deposit rate will be
the amended rate indicated above; (2)
for previously reviewed or investigated
companies other than UA France, the
cash deposit rate will be the company–
specific rate established for the most
recent period; (3) if the exporter is not
a firm covered in this review, a prior
review, or the 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 subject merchandise; and (4) if
neither the exporter nor the
manufacturer is a firm covered by this
review, a prior review, or the LTFV
investigation, the cash deposit rate shall
be the ‘‘all others’’ rate established in
the LTFV investigation, which is 9.38
percent ad valorem. See Notice of Final
Determination of Sales at Less Than
Fair Value: Stainless Steel Sheet and
Strip in Coils from France, 64 FR 30820
(June 8, 1999). These deposit rates,
when imposed, shall remain in effect
until publication of the final results of
the next administrative review.
Accordingly, the Department will
determine, and U.S. Customs and
Border Production (CBP) shall assess,
antidumping duties on all appropriate
entries. The Department will issue
appropriate assessment instructions
directly to CBP within 15 days of
publication of these amended final
results of review.
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Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices
We are issuing and publishing this
determination and notice in accordance
with sections 751(a)(1), 751(h), and
777(i)(1) of the Act and 19 C.F.R.
351.224(f).
Dated: March 9, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–1160 Filed 3–15–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Science Advisory Board
Office of Oceanic and
Atmospheric Research, National
Oceanic and Atmospheric
Administration, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
SUMMARY: The NOAA Science Advisory
Board (SAB) was established by a
Decision Memorandum dated
September 25, 1997, and is the only
Federal Advisory Committee with
responsibility to advise the Under
Secretary of Commerce for Oceans and
Atmosphere on long- and short-range
strategies for research, education, and
application of science to resource
management and environmental
assessment and prediction. SAB
activities and advice provide necessary
input to ensure that science programs
are of the highest quality and provide
optimal support the NOAA mission.
Time and Date: The meeting will be
held Tuesday, March 22, 2005, from
10:15 a.m. to 5:45 p.m. and Wednesday,
March 23, 2005, from 10 a.m. to 3 p.m.
These times and the agenda topics
described below may be subject to
change. Refer to the Web page listed
below for the most up-to-date meeting
agenda.
Place: The meeting will be held both
days in the Staff Auditorium at the
National Geographic Society
Headquarters, 1145 17th Street, NW.,
Washington, DC.
Status: The meeting will be open to
public participation with a 30-minute
time period set aside on Wednesday,
March 23, 2005, for direct oral
statements or questions from the public.
The SAB expects that public statements
presented at its meetings will not be
repetitive of previously submitted oral
or written statements. In general, each
individual or group making an oral
presentation will be limited to a total
time of five (5) minutes. Approximately
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16:45 Mar 15, 2005
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thirty (30) seats will be available for the
public including five (5) seats reserved
for the media. Seats will be available on
a first-come, first-served basis.
Matters to be Considered: The
meeting will include the following
topics: (1) Status of NOAA Responses to
SAB Actions and Recommendations
Overview of NOAA Response to SAB/
Research Review Team Report; (2)
Review NOAA’s Draft Policy to
Formalize the Transition of Research to
Operations and Information Services; (3)
Progress Reports: External Ecosystem
Task Team and the Physical and Social
Science Task Team; (4) Draft NOAA
Cooperative Institute Policy; (5) Report
on the Review of the National Sea Grant
College Extension Program and a Call
for Greater National Commitment to
Engagement; (6) Administration
Response to Ocean Commission Report;
(7) NOAA’s plans for the International
Polar Year (IPY); (8) Briefing on the
Integrated Surface Observing System
(ISOS) Working Group; (9) Transitioning
from the Integrated Ocean Observing
System, NPOESS, GOES-R, NEXRAD,
etc. to Integrated Earth Observing
System (IEOS); (10) NOAA Role in
Implementing the President’s Executive
Order on the Great Lakes; (11) Overview
of Predictions/Monitoring of 2004
Hurricanes (12) Tsunamis—Research
and Observations; (13) Global Earth
Observing Systems of Systems (GEOSS)
Update; (14) 2006–2011 Strategic
planning; (15) public statements.
Dr.
Michael Uhart, Executive Director,
Science Advisory Board, NOAA, Rm.
11142, 1315 East-West Highway, Silver
Spring, Maryland 20910. (Phone: 301–
713–9121, Fax: 301–713–3515, e-mail:
Michael.Uhart@noaa.gov); or visit the
NOAA SAB Web site at https://
www.sab.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Dated: March 10, 2005.
Louisa Koch,
Deputy Assistant Administrator, Office of
Oceanic and Atmospheric Research, National
Oceanic and Atmospheric Administration.
[FR Doc. 05–5118 Filed 3–15–05; 8:45 am]
BILLING CODE 3510–KD–P
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12853
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 031105D]
Endangered Fish and Wildlife; Marine
Mammal Protection Act, Draft
Conservation Plan for the Cook Inlet
Stock of Beluga Whales
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for written comments.
AGENCY:
SUMMARY: The Marine Mammal
Protection Act (MMPA) of 1972, as
amended, requires the Secretary of
Commerce to prepare a conservation
plan for any species or stock designated
as depleted under that Act. The Cook
Inlet stock of beluga whales was
designated as depleted on May 31, 2000,
and this Conservation Plan is being
written to promote the conservation and
recovery of these whales. The goal of
this Conservation Plan (Plan) will be
met when the Cook Inlet stock of beluga
whales are no longer considered
depleted under the MMPA.
DATES: Comments and information must
be received by May 16, 2005.
ADDRESSES: Copies of the Draft
Conservation Plan may be reviewed
and/or copied at the NMFS, Protected
Resources Division, 222 W. 7th Ave.,
ι43, Anchorage, AK, 99513; or at the
Alaska Regional Office, Protected
Resources Division, 709 W. 9th St., P.O.
Box 21668, Juneau, AK 99802. The draft
Conservation Plan is available on the
Internet at the following address: http:/
/www.fakr.noaa.gov/protectedresources/
whales/beluga.htm. Comments on the
Draft Conservation Plan should be sent
to the above addresses, or can be
electronically forwarded to the
following e-mail address:
Records.Fakr@noaa.gov. Please identify
electronic comments with the header:
Beluga Whale Conservation Plan.
FOR FURTHER INFORMATION CONTACT: Kaja
Brix, NOAA/NMFS, Alaska Region,
(907) 586 7235, or Brad Smith, NOAA/
NMFS, Alaska Region, Anchorage Field
Office, (907) 271 5006.
SUPPLEMENTARY INFORMATION: The Cook
Inlet beluga whale stock declined by
greater than 50 percent during the last
decade. In response to this significant
decline, NMFS designated the Cook
Inlet stock of beluga whales as depleted
under the MMPA on May 31, 2000 (65
FR 34590). Subsequent surveys
conducted between 1999 and 2004 have
E:\FR\FM\16MRN1.SGM
16MRN1
]]>Agencies
[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Notices]
[Pages 12850-12853]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1160]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-427-814
Stainless Steel Sheet and Strip in Coils from France: Amended
Final Results of Antidumping Administrative Review
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On February 11, 2005, the Department of Commerce (Department)
published the final results of its administrative review of the
antidumping duty order on stainless steel sheet and strip in coils
(SSSS) from France for the period from July 1, 2002, to June 30, 2003
in the Federal Register. See Stainless Steel Sheet and Strip in Coils
from France: Final Results of Antidumping Administrative Review, 70 FR
7240 (February 11, 2005) (Final Results). We are amending our Final
Results to correct ministerial errors alleged by Petitioners\1\
pursuant to
[[Page 12851]]
section 751(h) of the Tariff Act of 1930, as amended (the Act).
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\1\ Allegheny Ludlum Corporation, AK Steel, Inc., North American
Stainless, United Steelworkers of America, AFL-CIO/CLC, Butler Armco
Independent Union, and Zanesville Armco Independent Organization are
the Petitioners in this case.
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EFFECTIVE DATE: March 16, 2005.
FOR FURTHER INFORMATION CONTACT: Sebastian Wright or Sean Carey at
(202) 482-5254 and (202) 482-3964, respectively; AD/CVD Operations,
Office 6, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Antidumping Duty Order
For purposes of this administrative 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 (``HTS'') at
subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81\2\,
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.
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\2\ Due to changes to the HTS 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 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 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.''\3\
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\3\ ``Arnokrome III'' is a trademark of the Arnold Engineering
Company.
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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.''\4\
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\4\ ``Gilphy 36'' is a trademark of Imphy, S.A.
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Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of this order.
[[Page 12852]]
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.''\5\
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\5\ ``Durphynox 17'' is a trademark of Imphy, S.A.
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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).\6\ 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''.\7\
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\6\ This list of uses is illustrative and provided for
descriptive purposes only.
\7\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
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Amendment of Final Results
On February 11, 2005, the Department published the final results
for its review of the antidumping duty order on SSSS from France. See
Final Results. On February 11, 2005, in accordance with section 751(h)
of the Act and 19 C.F.R. 351.224(c)(2), Petitioners timely filed an
allegation that the Department erred in its calculation of the
antidumping margin by failing to convert the variable for U.S. further
manufacturing costs (FURMANU) from U.S. dollars per pound to U.S.
dollars per kilogram in its margin calculation program. Ugine & ALZ
France, S.A. (UA France) did not allege any ministerial errors, nor did
it rebut Petitioners' allegations.
Petitioners allege that the Department failed to convert the
variable FURMANU from U.S. dollars per pound to U.S. dollars per
kilogram. Petitioners note that the Department used UA France's U.S.
sales file, which included FURMANU. Petitioners state that after
merging the U.S. exchange rates with the U.S. sales file, the
Department converted the U.S. sales expenses from a value per pound to
a value per kilogram for all the expenses except FURMANU. This
conversion from per-pound amounts to per-kilogram amounts was necessary
because UA France submitted its home-market sales and costs files on a
per-kilogram basis.
According to Petitioners, the failure to convert FURMANU from U.S.
dollars per pound to U.S. dollars per kilogram resulted in an
overstatement of the net U.S. price and an understatement of the
antidumping duty margin. In order to correct this ministerial error,
Petitioners suggested that the Department revise the margin calculation
program at Line 2670 to account for the conversion to per-kilogram
values.
The Act, as well as the Department's regulations, define a
ministerial error as one involving ``addition, subtraction, or other
arithmetic function, clerical errors resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which the Secretary considers ministerial.'' See section 751(h) of the
Act and 19 C.F.R. 351.224(f).
After reviewing Petitioners' allegation, we have determined that
the alleged error is a ministerial error pursuant to section 751(h) of
the Act and 19 C.F.R. 351.224(f). Therefore, we are amending the Final
Results to correct the above-described ministerial error. We agree with
Petitioners that FURMANU should be converted from U.S. dollars per
pound to U.S. dollars per kilogram. The Department agrees that to
correct the Department's ministerial error line 2670 should be amended
to: FURMANU = FURMANU/0.4536.
Amended Final Results of Review
In the Final Results, the Department determined the antidumping
margin for UA France to be 9.65 percent. As a result of correcting the
ministerial error, the Department is amending the antidumping margin
for UA France as follows:
------------------------------------------------------------------------
Manufacturer/Exporter Margin (percent)
------------------------------------------------------------------------
Ugine & ALZ France, S.A............................. 11.12
------------------------------------------------------------------------
Cash Deposit Requirements
The following antidumping duty deposit rates will be required on
all shipments of SSSS from France entered, or withdrawn from warehouse,
for consumption on or after the publication date of these final
results, as provided for by section 751(a)(1) of the Act: (1) for UA
France, the cash deposit rate will be the amended rate indicated above;
(2) for previously reviewed or investigated companies other than UA
France, the cash deposit rate will be the company-specific rate
established for the most recent period; (3) if the exporter is not a
firm covered in this review, a prior review, or the 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 subject merchandise; and (4) if neither the
exporter nor the manufacturer is a firm covered by this review, a prior
review, or the LTFV investigation, the cash deposit rate shall be the
``all others'' rate established in the LTFV investigation, which is
9.38 percent ad valorem. See Notice of Final Determination of Sales at
Less Than Fair Value: Stainless Steel Sheet and Strip in Coils from
France, 64 FR 30820 (June 8, 1999). These deposit rates, when imposed,
shall remain in effect until publication of the final results of the
next administrative review.
Accordingly, the Department will determine, and U.S. Customs and
Border Production (CBP) shall assess, antidumping duties on all
appropriate entries. The Department will issue appropriate assessment
instructions directly to CBP within 15 days of publication of these
amended final results of review.
[[Page 12853]]
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1), 751(h), and 777(i)(1) of the Act
and 19 C.F.R. 351.224(f).
Dated: March 9, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1160 Filed 3-15-05; 8:45 am]
BILLING CODE 3510-DS-S
