Stainless Steel Bar from France: Final Results of Antidumping Duty Administrative Review, 46482-46483 [E5-4330]

Download as PDF 46482 Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Notices Notification Regarding APOs This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APOs’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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 results of administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 4, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX I List of Comments in the Issues and Decision Memorandum Comment 1: Collapsing of UGITECH S.A. and Trafilerie Bedini S.p.A. [FR Doc. E5–4329 Filed 8–8–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–427–820 Stainless Steel Bar from France: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 6, 2005, the Department of Commerce published the preliminary results of the second administrative review of the antidumping duty order on stainless steel bar from France. The review covers UGITECH S.A. (UGITECH), a manufacturer/exporter of the subject merchandise. The period of review is March 1, 2003, through February 29, 2004. The Department preliminarily determined that UGITECH is the successor–in-interest to Ugine–Savoie Imphy S.A. for purposes of determining antidumping duty liability. The Department is now affirming its preliminary results. Based on our analysis of the comments received, we have made changes in the margin calculations. AGENCY: VerDate jul<14>2003 15:02 Aug 09, 2005 Jkt 205001 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: August 10, 2005. FOR FURTHER INFORMATION CONTACT: Terre R. Keaton or David J. Goldberger, AD/CVD Operations, Office 2, Import Administration–Room B099, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1280 or (202) 482–4136, respectively. SUPPLEMENTARY INFORMATION: coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat–rolled products), and angles, shapes and sections. The stainless steel bar subject to this order is currently classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Background On April 6, 2005, the Department of Commerce (the Department) published the preliminary results of the second administrative review of the antidumping duty order on stainless steel bar from France (70 FR 17411) (Preliminary Results). We invited parties to comment on the Preliminary Results. On May 20 and 27, 2005, the parties submitted case and rebuttal briefs, respectively. We have conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (‘‘the Act’’). In the Preliminary Results, we determined that UGITECH is the successor–in-interest to Ugine–Savoie Imphy S.A. Neither party objected to our preliminary finding. Therefore, for the final results, we continue to find that UGITECH is the successor–ininterest to Ugine–Savoie Imphy S.A. for antidumping duty cash deposit purposes. We will notify U.S. Customs and Border Protection (CBP) accordingly. Scope of the Order For purposes of this order, the term ‘‘stainless steel bar’’ includes articles of stainless steel in straight lengths that have been either hot–rolled, forged, turned, cold–drawn, cold–rolled or otherwise cold–finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons, or other convex polygons. Stainless steel bar includes cold–finished stainless steel bars that are turned or ground in straight lengths, whether produced from hot–rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi– finished products, cut length flat–rolled products (i.e., cut length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), products that have been cut from stainless steel sheet, strip or plate, wire (i.e., cold–formed products in PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Successor–in-Interest Analysis Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this antidumping duty administrative review are addressed in the August 4, 2005, Issues and Decision Memorandum for the Final Results of Stainless Steel Bar from France (Decision Memo), 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 the Central Records Unit, room B–099 of the main Department building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. Changes from the Preliminary Results Based on our analysis of the comments received, we have made certain changes to the margin calculations which are detailed in the Decision Memo. Final Results of Review We determine that the following weighted–average margin percentage exists: E:\FR\FM\10AUN1.SGM 10AUN1 Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Notices Manufacturer/exporter Margin (percent) UGITECH S. A. ............ 14.98 Assessment The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212. The Department will issue appropriate appraisement instructions for the company subject to this review directly to CBP within 15 days of publication of these final results of review. In accordance with 19 CFR 351.106(c)(1), we will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer–specific assessment rate calculated in the final results of this review is above de minimis (i.e., is not less than 0.50 percent). We calculated importer– specific assessment rates for the subject merchandise by aggregating the dumping margins calculated for all of the U.S. sales examined and dividing this amount by the total entered value of the sales examined. 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: August 4, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. Cash Deposit Requirements Appendix List of Issues 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 UGITECH will be 14.98 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 3.90 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 Comment 1: The Treatment of the Impairment of Assets Recognized in UGITECH’s 2003 Financial Statements Comment 2: The Treatment of Certain Research and Development Expenses in the Total Cost of Production Calculation Comment 3: The Treatment of Non– Realized Restructuring Expenses in the General Administrative Expense Calculation Comment 4: Level of Trade in the Home Market Comment 5: Whether to Combine Certain Grade Codes for Product Matching Comment 6: The Treatment of Early Payment Discount for Unpaid Home Market Sales Comment 7: The Date of Shipment for Certain U.S. Consignment Sales Comment 8: The Date of Payment for Unpaid U.S. Sales Comment 9: Alleged Additional Direct Expenses on Certain U.S. Sales VerDate jul<14>2003 15:02 Aug 09, 2005 Jkt 205001 [FR Doc. E5–4330 Filed 8–9–05; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 46483 DEPARTMENT OF COMMERCE International Trade Administration (C–533–825) Notice of Preliminary Results and Rescission in Part of Countervailing Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from India Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty (CVD) order on polyethylene terephthalate film, sheet, and strip (PET film) from India. This CVD review covers two companies. The period of review (POR) is January 1, 2003, through December 31, 2003. For information on the net subsidy rate for the reviewed companies, see the ‘‘Preliminary Results of Administrative Review’’ section of this notice. If the final results remain the same as the preliminary results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties as detailed in the ‘‘Preliminary Results of Administrative Review’’ section of this notice. Interested parties are invited to comment on these preliminary results. (See the ‘‘Public Comment’’ section of this notice.) EFFECTIVE DATE: August 10, 2005. FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, at (202) 482–2769, or Howard Smith, at (202) 482–5193, AD/CVD Operations Office IV, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 1, 2002, the Department published a CVD order on PET film from India. See Notice of Countervailing Duty Order: Polyethylene Terephthalate Film, Sheet, and Strip (PET film) from India, 67 FR 44179 (July 1, 2002) (PET Film Order). On July 1, 2004, the Department published in the Federal Register a notice of opportunity to request an administrative review of this order. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 69 FR 39903 (July 1, 2004). On July 29, 2004, Jindal Polyester Limited/Jindal Poly Films Limited of India (Jindal) and Polyplex Corporation Ltd. (Polyplex), E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Notices]
[Pages 46482-46483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4330]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-427-820


Stainless Steel Bar from France: Final Results of Antidumping 
Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 6, 2005, the Department of Commerce published the 
preliminary results of the second administrative review of the 
antidumping duty order on stainless steel bar from France. The review 
covers UGITECH S.A. (UGITECH), a manufacturer/exporter of the subject 
merchandise. The period of review is March 1, 2003, through February 
29, 2004.
    The Department preliminarily determined that UGITECH is the 
successor-in-interest to Ugine-Savoie Imphy S.A. for purposes of 
determining antidumping duty liability. The Department is now affirming 
its preliminary results.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. 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: August 10, 2005.

FOR FURTHER INFORMATION CONTACT: Terre R. Keaton or David J. 
Goldberger, AD/CVD Operations, Office 2, Import Administration-Room 
B099, International Trade Administration, U.S. Department of Commerce, 
14th Street and Constitution Avenue, NW, Washington, DC 20230; 
telephone: (202) 482-1280 or (202) 482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 6, 2005, the Department of Commerce (the Department) 
published the preliminary results of the second administrative review 
of the antidumping duty order on stainless steel bar from France (70 FR 
17411) (Preliminary Results). We invited parties to comment on the 
Preliminary Results. On May 20 and 27, 2005, the parties submitted case 
and rebuttal briefs, respectively. We have conducted this 
administrative review in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (``the Act'').

Scope of the Order

    For purposes of this order, the term ``stainless steel bar'' 
includes articles of stainless steel in straight lengths that have been 
either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise 
cold-finished, or ground, having a uniform solid cross section along 
their whole length in the shape of circles, segments of circles, ovals, 
rectangles (including squares), triangles, hexagons, octagons, or other 
convex polygons. Stainless steel bar includes cold-finished stainless 
steel bars that are turned or ground in straight lengths, whether 
produced from hot-rolled bar or from straightened and cut rod or wire, 
and reinforcing bars that have indentations, ribs, grooves, or other 
deformations produced during the rolling process.
    Except as specified above, the term does not include stainless 
steel semi-finished products, cut length flat-rolled products (i.e., 
cut length rolled products which if less than 4.75 mm in thickness have 
a width measuring at least 10 times the thickness, or if 4.75 mm or 
more in thickness having a width which exceeds 150 mm and measures at 
least twice the thickness), products that have been cut from stainless 
steel sheet, strip or plate, wire (i.e., cold-formed products in coils, 
of any uniform solid cross section along their whole length, which do 
not conform to the definition of flat-rolled products), and angles, 
shapes and sections.
    The stainless steel bar subject to this order is currently 
classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 
7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 
7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of 
the United States (HTSUS). Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
scope of this order is dispositive.

Successor-in-Interest Analysis

    In the Preliminary Results, we determined that UGITECH is the 
successor-in-interest to Ugine-Savoie Imphy S.A. Neither party objected 
to our preliminary finding. Therefore, for the final results, we 
continue to find that UGITECH is the successor-in-interest to Ugine-
Savoie Imphy S.A. for antidumping duty cash deposit purposes. We will 
notify U.S. Customs and Border Protection (CBP) accordingly.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping duty administrative review are addressed in the August 
4, 2005, Issues and Decision Memorandum for the Final Results of 
Stainless Steel Bar from France (Decision Memo), 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 the 
Central Records Unit, room B-099 of the main Department building. In 
addition, a complete version of the Decision Memo can be accessed 
directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Decision Memo are identical in content.
    Changes from the Preliminary Results
    Based on our analysis of the comments received, we have made 
certain changes to the margin calculations which are detailed in the 
Decision Memo.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists:

[[Page 46483]]



------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
UGITECH S. A........................................               14.98
------------------------------------------------------------------------

Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries, in accordance with 19 CFR 351.212. 
The Department will issue appropriate appraisement instructions for the 
company subject to this review directly to CBP within 15 days of 
publication of these final results of review. In accordance with 19 CFR 
351.106(c)(1), we will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis (i.e., is not less than 0.50 percent). We calculated 
importer-specific assessment rates for the subject merchandise by 
aggregating the dumping margins calculated for all of the U.S. sales 
examined and dividing this amount by the total entered value of the 
sales examined.

Cash Deposit Requirements

    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 UGITECH will be 
14.98 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 3.90 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.

    Dated: August 4, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix List of Issues

Comment 1: The Treatment of the Impairment of Assets Recognized in 
UGITECH's 2003 Financial Statements
Comment 2: The Treatment of Certain Research and Development Expenses 
in the Total Cost of Production Calculation
Comment 3: The Treatment of Non-Realized Restructuring Expenses in the 
General Administrative Expense Calculation
Comment 4: Level of Trade in the Home Market
Comment 5: Whether to Combine Certain Grade Codes for Product Matching
Comment 6: The Treatment of Early Payment Discount for Unpaid Home 
Market Sales
Comment 7: The Date of Shipment for Certain U.S. Consignment Sales
Comment 8: The Date of Payment for Unpaid U.S. Sales
Comment 9: Alleged Additional Direct Expenses on Certain U.S. Sales
[FR Doc. E5-4330 Filed 8-9-05; 8:45 am]
BILLING CODE 3510-DS-S

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