Notice of Final Determination of Sales at Less Than Fair Value: Superalloy Degassed Chromium from Japan, 65886-65887 [05-21769]

Download as PDF 65886 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices countervailable subsidy (as appropriate) and of material injury. As a courtesy, the Department provides advance notice of the cases that are scheduled for sunset reviews one month before those reviews are initiated. FOR FURTHER INFORMATION CONTACT: Zev Primor, Office 4, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce at (202) 482–4114. Upcoming Sunset Reviews There are no sunset reviews scheduled for initiation in December 2005. For information on the Department’s procedures for the conduct of sunset reviews, See 19 CFR 351.218. This notice is not required by statute but is published as a service to the international trading community. Guidance on methodological or analytical issues relevant to the Department’s conduct of sunset reviews is set forth in the Department’s Policy Bulletin 98.3, ‘‘Policies Regarding the Conduct of Five–Year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders;’’ Policy Bulletin, 63 FR 18871 (April 16, 1998) (‘‘Sunset Policy Bulletin’’). The Notice of Initiation of Five–Year (‘‘Sunset’’) Reviews provides further information regarding what is required of all parties to participate in sunset reviews. Dated: October 19, 2005. Holly A. Kuga, Senior Office Director, AD/CVD Operations, Office 4, for Import Administration. [FR Doc. 05–21768 Filed 10–31–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–588–866) Notice of Final Determination of Sales at Less Than Fair Value: Superalloy Degassed Chromium from Japan Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 1, 2005. SUMMARY: The Department of Commerce determines that imports of superalloy degassed chromium from Japan are being, or are likely to be, sold in the United States at less than fair value, as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The final weighted–average dumping margins are listed below in the section entitled ‘‘Final Determination of Investigation.’’ AGENCY: VerDate Aug<31>2005 18:02 Oct 31, 2005 Jkt 208001 FOR FURTHER INFORMATION CONTACT: Janis Kalnins or Minoo Hatten, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1392 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: Background On August 18, 2005, the Department of Commerce (the Department) published the preliminary determination of sales at less than fair value (LTFV) in the antidumping investigation of superalloy degassed chromium from Japan. See Notice of Preliminary Determination of Sales at Less Than Fair Value: Superalloy Degassed Chromium from Japan, 70 FR 48538 (August 18, 2005) (Preliminary Determination). We requested that parties comment on the Preliminary Determination. We did not make a decision on scope–clarification comments submitted by parties prior to the Preliminary Determination, as there was insufficient information on the record to draw a conclusion. Therefore, we invited parties to provide any new factual information on this issue and scope comments. We received new factual information and scope comments from Tosoh Corporation and Tosoh Specialty Materials Corporation (collectively, Tosoh) and from Eramet Marietta Inc. (Eramet) and the Paper Allied– Industrial Chemical and Energy Workers International Union (collectively, the petitioners). We did not receive any comments, scope or otherwise, from JFE Material Co., Ltd. (JFE Material), during this investigation. While Mitsui & Co. (U.S.A.), Inc. (Mitsui), submitted scope comments prior to the Preliminary Determination, we have not received any comments from Mitsui since the Preliminary Determination. On September 21, 2005, the petitioners requested a hearing to discuss scope comments or rebuttal comments raised by interested parties in the investigation but then withdrew their request for a hearing on September 30, 2005. We did not receive any case or rebuttal briefs from any interested parties. Scope Comments All comments raised by parties to this investigation on superalloy degassed chromium from Japan are addressed in the Scope Comments Memorandum from Laurie Parkhill, Office Director, to Stephen J. Claeys, Deputy Assistant Secretary, dated October 25, 2005. As discussed in the Scope Comments Memorandum, the scope of the PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 investigation remains unchanged from our preliminary determination. This Scope Comments Memorandum, which is a public document, is on file in the Department’s Central Records Unit, Herbert C. Hoover building, Room B– 099. Period of Investigation The period of investigation is January 1, 2004, through December 31, 2004. Scope of Investigation The product covered by this investigation is all forms, sizes, and grades of superalloy degassed chromium from Japan. Superalloy degassed chromium is a high–purity form of chrome metal that generally contains at least 99.5 percent, but less than 99.95 percent, chromium. Superalloy degassed chromium contains very low levels of certain gaseous elements and other impurities (typically no more than 0.005 percent nitrogen, 0.005 percent sulphur, 0.05 percent oxygen, 0.01 percent aluminum, 0.05 percent silicon, and 0.35 percent iron). Superalloy degassed chromium is generally sold in briquetted form, as ‘‘pellets’’ or ‘‘compacts,’’ which typically are 1? inches x 1 inch x 1 inch or smaller in size and have a smooth surface. Superalloy degassed chromium is currently classifiable under subheading 8112.21.00 of the Harmonized Tariff Schedule of the United States (HTSUS). This investigation covers all chromium meeting the above specifications for superalloy degassed chromium regardless of tariff classification. Certain higher–purity and lower– purity chromium products are excluded from the scope of this investigation. Specifically, the investigation does not cover electronics–grade chromium, which contains a higher percentage of chromium (typically not less than 99.95 percent), a much lower level of iron (less than 0.05 percent), and lower levels of other impurities than superalloy degassed chromium. The investigation also does not cover ‘‘vacuum melt grade’’ (VMG) chromium, which normally contains at least 99.4 percent chromium and contains a higher level of one or more impurities (nitrogen, sulphur, oxygen, aluminum and/or silicon) than specified above for superalloy degassed chromium. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Adverse Facts Available For the final determination, we continue to find that, by failing to provide information we requested, JFE E:\FR\FM\01NON1.SGM 01NON1 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices Material, a producer and exporter of superalloy degassed chromium from Japan and mandatory respondent in this investigation, did not act to the best of its ability. Thus, the Department continues to find that the use of adverse facts available is warranted under section 776(a)(2) of the Act. See Preliminary Determination, 70 FR at 48539–48540. after the effective date of the suspension of liquidation (i.e., August 18, 2005). Notification Regarding APO This notice also serves as a 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. Timely Final Determination of Investigation notification of return/destruction of We determine that the following APO materials or conversion to judicial weighted average dumping margins protective order is hereby requested. exist for the period January 1, 2004, Failure to comply with the regulations through December 31, 2004: and the terms of an APO is a sanctionable violation. Manufacturer or ExWeighted–Average This determination is issued and porter Margin (percent) published pursuant to sections 735(d) JFE Material Co., Ltd. .. 129.32 and 777(i)(1) of the Act. All Others ...................... 129.32 Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 351.211(b)(1), we will instruct Customs and Border Protection (CBP) to continue to suspend liquidation of all imports of subject merchandise from Japan entered, or withdrawn from warehouse, for consumption on or after August 18, 2005, the date of the publication of our preliminary determination. CBP shall continue to require a cash deposit or the posting of a bond equal to the estimated amount by which the normal value exceeds the U.S. price as shown above. These instructions suspending liquidation will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (ITC) of our final determination. As our final determination is affirmative and in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation, of the subject merchandise. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or VerDate Aug<31>2005 18:02 Oct 31, 2005 Jkt 208001 Dated: October 25, 2005. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. 05–21769 Filed 10–31–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Alaska Individual Fishing Quota Cost Recovery Program Requirements National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. AGENCY: SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before January 3, 2006. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Patsy A. Bearden, 907–586– 7008 or patsy.bearden@noaa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 65887 I. Abstract The Magnuson-Stevens Fishery Conservation and Management Act requires that the Secretary of Commerce conduct a Cost Recovery Program to cover the management and enforcement costs of the Alaska Individual Fishing Quota (IFQ) Program. This Cost Recovery Program requires IFQ permit holders to submit information about the value of landings of IFQ species and to calculate and submit fees. The Cost Recovery Program requires Registered Buyers to submit information about the value and volume of landings of IFQ species. II. Method of Collection Paper fee submission forms (mailed with payment) or report and payment online. III. Data OMB Number: 0648–0398. Form Number: None. Type of Review: Regular submission. Affected Public: Not-for-profit institutions; and business or other forprofits organizations. Estimated Number of Respondents: 2,700. Estimated Time per Response: 2 hours to complete IFQ Permit Holder Fee Submission Form; 2 hours to complete IFQ Registered Buyer Ex-vessel Value and Volume Report; 2 hours to complete the appeal process; and 30 minutes for prepayment of fees. Estimated Total Annual Burden Hours: 5,504. Estimated Total Annual Cost to Public: $2,000. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. E:\FR\FM\01NON1.SGM 01NON1

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[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Notices]
[Pages 65886-65887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21769]


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

DEPARTMENT OF COMMERCE

International Trade Administration

(A-588-866)


Notice of Final Determination of Sales at Less Than Fair Value: 
Superalloy Degassed Chromium from Japan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: November 1, 2005.
SUMMARY: The Department of Commerce determines that imports of 
superalloy degassed chromium from Japan are being, or are likely to be, 
sold in the United States at less than fair value, as provided in 
section 735 of the Tariff Act of 1930, as amended (the Act). The final 
weighted-average dumping margins are listed below in the section 
entitled ``Final Determination of Investigation.''

FOR FURTHER INFORMATION CONTACT: Janis Kalnins or Minoo Hatten, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-1392 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 18, 2005, the Department of Commerce (the Department) 
published the preliminary determination of sales at less than fair 
value (LTFV) in the antidumping investigation of superalloy degassed 
chromium from Japan. See Notice of Preliminary Determination of Sales 
at Less Than Fair Value: Superalloy Degassed Chromium from Japan, 70 FR 
48538 (August 18, 2005) (Preliminary Determination). We requested that 
parties comment on the Preliminary Determination. We did not make a 
decision on scope-clarification comments submitted by parties prior to 
the Preliminary Determination, as there was insufficient information on 
the record to draw a conclusion. Therefore, we invited parties to 
provide any new factual information on this issue and scope comments.
    We received new factual information and scope comments from Tosoh 
Corporation and Tosoh Specialty Materials Corporation (collectively, 
Tosoh) and from Eramet Marietta Inc. (Eramet) and the Paper Allied-
Industrial Chemical and Energy Workers International Union 
(collectively, the petitioners). We did not receive any comments, scope 
or otherwise, from JFE Material Co., Ltd. (JFE Material), during this 
investigation. While Mitsui & Co. (U.S.A.), Inc. (Mitsui), submitted 
scope comments prior to the Preliminary Determination, we have not 
received any comments from Mitsui since the Preliminary Determination. 
On September 21, 2005, the petitioners requested a hearing to discuss 
scope comments or rebuttal comments raised by interested parties in the 
investigation but then withdrew their request for a hearing on 
September 30, 2005. We did not receive any case or rebuttal briefs from 
any interested parties.

Scope Comments

    All comments raised by parties to this investigation on superalloy 
degassed chromium from Japan are addressed in the Scope Comments 
Memorandum from Laurie Parkhill, Office Director, to Stephen J. Claeys, 
Deputy Assistant Secretary, dated October 25, 2005. As discussed in the 
Scope Comments Memorandum, the scope of the investigation remains 
unchanged from our preliminary determination. This Scope Comments 
Memorandum, which is a public document, is on file in the Department's 
Central Records Unit, Herbert C. Hoover building, Room B-099.

Period of Investigation

    The period of investigation is January 1, 2004, through December 
31, 2004.

Scope of Investigation

    The product covered by this investigation is all forms, sizes, and 
grades of superalloy degassed chromium from Japan. Superalloy degassed 
chromium is a high-purity form of chrome metal that generally contains 
at least 99.5 percent, but less than 99.95 percent, chromium. 
Superalloy degassed chromium contains very low levels of certain 
gaseous elements and other impurities (typically no more than 0.005 
percent nitrogen, 0.005 percent sulphur, 0.05 percent oxygen, 0.01 
percent aluminum, 0.05 percent silicon, and 0.35 percent iron). 
Superalloy degassed chromium is generally sold in briquetted form, as 
``pellets'' or ``compacts,'' which typically are 1[bdfrac12] inches x 1 
inch x 1 inch or smaller in size and have a smooth surface. Superalloy 
degassed chromium is currently classifiable under subheading 8112.21.00 
of the Harmonized Tariff Schedule of the United States (HTSUS). This 
investigation covers all chromium meeting the above specifications for 
superalloy degassed chromium regardless of tariff classification.
    Certain higher-purity and lower-purity chromium products are 
excluded from the scope of this investigation. Specifically, the 
investigation does not cover electronics-grade chromium, which contains 
a higher percentage of chromium (typically not less than 99.95 
percent), a much lower level of iron (less than 0.05 percent), and 
lower levels of other impurities than superalloy degassed chromium. The 
investigation also does not cover ``vacuum melt grade'' (VMG) chromium, 
which normally contains at least 99.4 percent chromium and contains a 
higher level of one or more impurities (nitrogen, sulphur, oxygen, 
aluminum and/or silicon) than specified above for superalloy degassed 
chromium.
    Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the scope of this 
investigation is dispositive.

Adverse Facts Available

    For the final determination, we continue to find that, by failing 
to provide information we requested, JFE

[[Page 65887]]

Material, a producer and exporter of superalloy degassed chromium from 
Japan and mandatory respondent in this investigation, did not act to 
the best of its ability. Thus, the Department continues to find that 
the use of adverse facts available is warranted under section 776(a)(2) 
of the Act. See Preliminary Determination, 70 FR at 48539-48540.

Final Determination of Investigation

    We determine that the following weighted average dumping margins 
exist for the period January 1, 2004, through December 31, 2004:

------------------------------------------------------------------------
                                                       Weighted-Average
              Manufacturer or Exporter                 Margin (percent)
------------------------------------------------------------------------
JFE Material Co., Ltd...............................              129.32
All Others..........................................              129.32
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 
351.211(b)(1), we will instruct Customs and Border Protection (CBP) to 
continue to suspend liquidation of all imports of subject merchandise 
from Japan entered, or withdrawn from warehouse, for consumption on or 
after August 18, 2005, the date of the publication of our preliminary 
determination. CBP shall continue to require a cash deposit or the 
posting of a bond equal to the estimated amount by which the normal 
value exceeds the U.S. price as shown above. These instructions 
suspending liquidation will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation, of the subject merchandise. If 
the ITC determines that material injury or threat of material injury 
does not exist, the proceeding will be terminated and all securities 
posted will be refunded or canceled. If the ITC determines that such 
injury does exist, the Department will issue an antidumping duty order 
directing CBP to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation (i.e., August 18, 2005).

Notification Regarding APO

    This notice also serves as a 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. Timely 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.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: October 25, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-21769 Filed 10-31-05; 8:45 am]
BILLING CODE 3510-DS-S
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