Stainless Steel Sheet and Strip in Coils from Japan: Final Results of Antidumping Duty Administrative Review, 37759-37761 [E5-3442]
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Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Notices
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 11.30
percent. This rate is the ‘‘All Others’’
rate from the LTFV investigation. These
deposit requirements shall remain in
effect until publication of the final
results of the next administrative
review.
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 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 duties occurred and the
subsequent assessment of doubled
antidumping duties.
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
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. We are
issuing and publishing this
determination and notice in accordance
with sections 751(a)(1) and 777(i) of the
Act.
Flex Foods
Comment 5: Calculation of Flex Foods’
Fresh Mushroom Costs
Comment 6: Calculation of Flex Foods’
Financial Expense Ratio
[FR Doc. E5–3443 Filed 6–29–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–845]
Stainless Steel Sheet and Strip in Coils
from Japan: Final Results of
Antidumping Duty Administrative
Review
Appendix List of Issues
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 11, 2005, 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 Japan
with respect to Kawasaki Steel
Corporation (KSC) and its alleged
successor-in-interest JFE Steel
Corporation (JFE). The period of review
is July 1, 2003, through June 30, 2004.
The petitioners submitted comments
agreeing with the Department’s
preliminary results. No other interested
party submitted comments and we have
made no changes to our preliminary
results. Therefore, the final results do
not differ from the preliminary results.
The final margin is listed below in the
‘‘Final Results of Review’’ section of this
notice.
DATES: Effective June 30, 2005.
FOR FURTHER INFORMATION CONTACT: P.
Lee Smith or Kate Johnson, AD/CVD
Operations Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1655 and (202)
482–4929, respectively.
SUPPLEMENTARY INFORMATION:
Company–Specific Comments:
Background
Agro Dutch
Comment 1: Currency Identification of
Agro Dutch’s Transportation Insurance
Expenses
Comment 2: Currency Conversions in
Agro Dutch’s Comparison Market
Computer Program
Comment 3: Agro Dutch’s Third–
Country Billing Adjustment
Comment 4: Omission of Third–Country
Imputed Credit Expense in Normal
Value Calculation
On April 11, 2005, the Department
published in the Federal Register the
preliminary results of administrative
review of the antidumping duty order
on stainless steel sheet and strip in coils
from Japan (70 FR 18369) (Preliminary
Results).
We invited parties to comment on the
preliminary results of the review. On
April 21, 2005, the petitioners
submitted a letter in support of the
Department’s use of adverse facts
Dated: June 24, 2005.
Joseph Spetrini,
Acting Assistant Secretary for Import
Administration.
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16:26 Jun 29, 2005
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37759
available in the preliminary results. No
other interested party submitted
comments. The Department has
conducted this administrative review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by this 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:
7219.13.00.31, 7219.13.00.51,
7219.13.00.71, 7219.13.00.81,
7219.14.00.30, 7219.14.00.65,
7219.14.00.90, 7219.32.00.05,
7219.32.00.20, 7219.32.00.25,
7219.32.00.35, 7219.32.00.36,
7219.32.00.38, 7219.32.00.42,
7219.32.00.44, 7219.33.00.05,
7219.33.00.20, 7219.33.00.25,
7219.33.00.35, 7219.33.00.36,
7219.33.00.38, 7219.33.00.42,
7219.33.00.44, 7219.34.00.05,
7219.34.00.20, 7219.34.00.25,
7219.34.00.30, 7219.34.00.35,
7219.35.00.05, 7219.35.00.15,
7219.35.00.30, 7219.35.00.35,
7219.90.00.10, 7219.90.00.20,
7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.12.10.00,
7220.12.50.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60,
7220.20.10.80, 7220.20.60.05,
7220.20.60.10, 7220.20.60.15,
7220.20.60.60, 7220.20.60.80,
7220.20.70.05, 7220.20.70.10,
7220.20.70.15, 7220.20.70.60,
7220.20.70.80, 7220.20.80.00,
7220.20.90.30, 7220.20.90.60,
7220.90.00.10, 7220.90.00.15,
7220.90.00.60, and 7220.90.00.80.
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 scope of this order
are the following: (1) Sheet and strip
that is not annealed or otherwise heat
treated and pickled or otherwise
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30JNN1
37760
Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Notices
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
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 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
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16:26 Jun 29, 2005
Jkt 205001
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,
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
Period of Review
The period of review covers the
period July 1, 2003, through June 30,
2004.
Final Results of the Review
Our final results remain unchanged
from the preliminary results. As
discussed in the Preliminary Results, we
applied total adverse facts (AFA) under
3 ‘‘Durphynox
17’’ is a trademark of Imphy, S.A.
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.
4 This
1 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
2 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A.
PO 00000
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30JNN1
Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Notices
Order: Stainless Steel Sheet and Strip in
Coils from Japan, 64 FR 40565 (July 27,
1999). These requirements shall remain
in effect until publication of the final
results of the next administrative
review.
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 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 duties occurred and the
subsequent assessment of doubled
antidumping duties.
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
Margin
with 19 CFR 351.305(a)(3). Timely
Manufacturer/exporter
(percent)
written notification of return/
destruction of APO materials or
Kawasaki Steel Corporation/JFE
Steel Corporation ......................
57.87 conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
Assessment and Cash Deposit
APO is a sanctionable violation. We are
Instructions
issuing and publishing this
The Department shall determine, and
determination and notice in accordance
U.S. Customs and Border Protection
with sections 751(a)(1) and 777(i) of the
(CBP) shall assess, antidumping duties
Act.
on all appropriate entries. We will issue
Dated: June 24, 2005.
assessment instructions directly to CBP
Joseph A. Spetrini,
within 15 days of publication of these
final results of review.
Acting Assistant Secretary for Import
Administration.
The following cash deposit
requirements will be effective for all
[FR Doc. E5–3442 Filed 6–29–05; 8:45 am]
shipments of the subject merchandise
BILLING CODE 3510–DS–P
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
DEPARTMENT OF COMMERCE
this administrative review, as provided
International Trade Administration
by section 751(a)(1) of the Act: (1) The
cash deposit rate for KSC/JFE is 57.87
Expected Non–Market Economy
percent; (2) for previously reviewed or
investigated companies not listed above, Wages: Request for Comment on
the cash deposit rate will continue to be Calculation Methodology
the company-specific rate published for AGENCY: Import Administration,
the most recent period; (3) if the
International Trade Administration,
exporter is not a firm covered in this
Department of Commerce.
review, a prior review, or the original
ACTION: Request for comments
less than fair value (LTFV)
investigation, but the manufacturer is,
SUMMARY: The Department of Commerce
the cash deposit rate will be the rate
(‘‘Department’’) has a long–standing
established for the most recent period
practice of calculating expected non–
for the manufacturer of the
market economy (‘‘NME’’) wages for use
merchandise; and (4) the cash deposit
as surrogate values in antidumping
rate for all other manufacturers or
proceedings involving NME countries.
exporters will continue to be 40.18
These expected NME wages are
percent, the ‘‘All Others’’ rate made
calculated annually in accordance with
effective by the LTFV investigation. See § 351.408(c)(3) of the Department’s
Notice of Amendment of Final
regulations. This notice describes the
Determination of Sales at Less Than
Department’s methodology for the
Fair Value and Antidumping Duty
calculation of expected NME wages and
section 776(b) of the Act because neither
KSC nor its alleged successor-in-interest
JFE responded to the Department’s
questionnaire and, therefore, failed to
cooperate to the best of its ability.
Consistent with our decision to apply
AFA to KSC and JFE for failure to
respond to the Department’s request for
information, and because the interested
parties had consistently referred to KSC
as JFE in their various submissions on
the record of this review, we stated our
intention to apply the same (AFA) rate
to both KSC and JFE for cash deposit
and assessment purposes, without
having conducted officially a successorin-interest analysis, in order to capture
all entries of the subject merchandise by
either KSC or JFE. See Preliminary
Results at 70 FR 18369, 18372. No party
objected to the Department’s
preliminary decision. Thus, the
following margin applies for the period
July 1, 2003, through June 30, 2004:
VerDate jul<14>2003
16:26 Jun 29, 2005
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37761
provides the public with an opportunity
to comment on this methodology in
response to comments that have been
submitted in several NME proceedings.
For purposes of public comment, the
Department has also calculated
expected NME wages using currently
available data for 2003 and the
methodology described herein. This is a
sample calculation based on 2003 data,
and is subject to data updates and
revisions.
DATES: Comments must be submitted no
later than thirty days after publication of
this Notice.
ADDRESSES: Written comments (original
and six copies) should be sent to Joseph
A. Spetrini, Acting Assistant Secretary
for Import Administration, U.S.
Department of Commerce, Central
Records Unit, Room 1870, 14th Street
and Pennsylvania Avenue N.W.,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: John
D. A. LaRose, Assistant to the Senior
Enforcement Coordinator, Office of
China/NME Compliance or Shauna Lee–
Alaia, Policy Analyst, Office of Policy,
Import Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue N.W., Washington,
DC 20230, (202) 482–3794 or (202) 482–
2793.
SUPPLEMENTARY INFORMATION:
Background
With regard to its calculation of
expected NME wages, the Department
stated in its November 17, 2004, Final
Determination in the investigation of
Wooden Bedroom Furniture from the
People’s Republic of China, that it
would ‘‘invite comments from the
general public on this matter in a
proceeding separate from the
{Furniture} investigation.’’ Final
Determination of Sales at Less Than
Fair Value: Wooden Bedroom Furniture
From the People’s Republic of China, 69
FR 67313 (November 17, 2004) and
accompanying Issues and Decisions
Memorandum at 180 (Cmt. 23).
The NME Wage Rate Methodology
The Department’s regulations
generally describe the methodology by
which the Department calculates
expected NME wages:
For labor, the Secretary will use
regression–based wage rates
reflective of the observed
relationship between wages and
national income in market economy
countries. The Secretary will
calculate the wage rate to be
applied in nonmarket economy
proceedings each year. The
calculation will be based on current
E:\FR\FM\30JNN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Notices]
[Pages 37759-37761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3442]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-845]
Stainless Steel Sheet and Strip in Coils from Japan: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 11, 2005, 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
Japan with respect to Kawasaki Steel Corporation (KSC) and its alleged
successor-in-interest JFE Steel Corporation (JFE). The period of review
is July 1, 2003, through June 30, 2004. The petitioners submitted
comments agreeing with the Department's preliminary results. No other
interested party submitted comments and we have made no changes to our
preliminary results. Therefore, the final results do not differ from
the preliminary results. The final margin is listed below in the
``Final Results of Review'' section of this notice.
DATES: Effective June 30, 2005.
FOR FURTHER INFORMATION CONTACT: P. Lee Smith or Kate Johnson, AD/CVD
Operations Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1655 and (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 11, 2005, the Department published in the Federal Register
the preliminary results of administrative review of the antidumping
duty order on stainless steel sheet and strip in coils from Japan (70
FR 18369) (Preliminary Results).
We invited parties to comment on the preliminary results of the
review. On April 21, 2005, the petitioners submitted a letter in
support of the Department's use of adverse facts available in the
preliminary results. No other interested party submitted comments. The
Department has conducted this administrative review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by this 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: 7219.13.00.31, 7219.13.00.51, 7219.13.00.71,
7219.13.00.81, 7219.14.00.30, 7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20, 7219.32.00.25, 7219.32.00.35,
7219.32.00.36, 7219.32.00.38, 7219.32.00.42, 7219.32.00.44,
7219.33.00.05, 7219.33.00.20, 7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38, 7219.33.00.42, 7219.33.00.44,
7219.34.00.05, 7219.34.00.20, 7219.34.00.25, 7219.34.00.30,
7219.34.00.35, 7219.35.00.05, 7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80, 7220.12.10.00, 7220.12.50.00,
7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.20.70.05, 7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80, 7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and
7220.90.00.80. 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 scope of this order are the following: (1) Sheet
and strip that is not annealed or otherwise heat treated and pickled or
otherwise
[[Page 37760]]
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 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\
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\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\
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\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\
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\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.
---------------------------------------------------------------------------
Period of Review
The period of review covers the period July 1, 2003, through June
30, 2004.
Final Results of the Review
Our final results remain unchanged from the preliminary results. As
discussed in the Preliminary Results, we applied total adverse facts
(AFA) under
[[Page 37761]]
section 776(b) of the Act because neither KSC nor its alleged
successor-in-interest JFE responded to the Department's questionnaire
and, therefore, failed to cooperate to the best of its ability.
Consistent with our decision to apply AFA to KSC and JFE for failure to
respond to the Department's request for information, and because the
interested parties had consistently referred to KSC as JFE in their
various submissions on the record of this review, we stated our
intention to apply the same (AFA) rate to both KSC and JFE for cash
deposit and assessment purposes, without having conducted officially a
successor-in-interest analysis, in order to capture all entries of the
subject merchandise by either KSC or JFE. See Preliminary Results at 70
FR 18369, 18372. No party objected to the Department's preliminary
decision. Thus, the following margin applies for the period July 1,
2003, through June 30, 2004:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Kawasaki Steel Corporation/JFE Steel Corporation............. 57.87
------------------------------------------------------------------------
Assessment and Cash Deposit Instructions
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. We will issue assessment instructions directly to CBP within
15 days of publication of these final results of review.
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(1) of the Act: (1) The cash deposit rate for KSC/JFE is 57.87
percent; (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 40.18 percent, the ``All Others'' rate made effective by the LTFV
investigation. See Notice of Amendment of Final Determination of Sales
at Less Than Fair Value and Antidumping Duty Order: Stainless Steel
Sheet and Strip in Coils from Japan, 64 FR 40565 (July 27, 1999). These
requirements shall remain in effect until publication of the final
results of the next administrative review.
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 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 duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/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. We
are issuing and publishing this determination and notice in accordance
with sections 751(a)(1) and 777(i) of the Act.
Dated: June 24, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3442 Filed 6-29-05; 8:45 am]
BILLING CODE 3510-DS-P
