Stainless Steel Sheet and Strip in Coils from Mexico; Final Results of Antidumping Duty Administrative Review, 73444-73447 [05-23920]
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73444
Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Notices
Issues Specific to West Fraser
steel sheet and strip in coils from
Mexico See Stainless Steel Sheet and
Strip in Coils from Mexico; Preliminary
Results of Antidumping Duty
Administrative Review, 70 FR 45675
(August 8, 2005) (Preliminary Results).
This review covers one manufacturer/
exporter, ThyssenKrupp Mexinox S.A.
de C.V. (Mexinox), of the subject
merchandise to the United States during
the period July 1, 2003 to June 30, 2004.
Based on our analysis of the comments
received, we have made changes in the
margin calculation; therefore, the final
results differ from the preliminary
results. The final weighted-average
dumping margin for the reviewed firm
is listed below in the section entitled
‘‘Final Results of Review.’’
EFFECTIVE DATE: December 12, 2005.
FOR FURTHER INFORMATION CONTACT:
Angela Strom, Maryanne Burke or
Robert James, AD/CVD Operations,
Office VII, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–2704, (202) 482–5604 and (202)
482–0649 respectively.
SUPPLEMENTARY INFORMATION:
Comment 36: Order is Not Valid for
West Fraser and Should be Revoked.
Background
Comment 23: Logging Services from
Affiliates.
Comment 24: Lakeland’s G&A Offsets.
Comment 25: Lakeland’s Interest
Income.
Comment 26: Clerical Error Allegations
Specific to Canfor.
Issues Specific to Tembec
Comment 27: Names of Tembec
Companies.
Comment 28: Byproduct Offset
Adjustment Factor.
Comment 29: Adjustment of Variable
Wood Costs.
Comment 30: G&A Expense Rate—
Consolidated vs. Producer.
Comment 31: Clerical Error Allegations
Specific to Tembec.
Issues Specific to Tolko
Comment 32: Log Purchases from
Affiliated Parties.
Comment 33: Clerical Error Allegations
Specific to Tolko.
Issues Specific to Weldwood
Comment 34: Allocation of Wood Costs.
Comment 35: Clerical Error Allegation
Specific to Weldwood.
International Trade Administration
On August 8, 2005, the Department
published in the Federal Register the
preliminary results of the administrative
review of the antidumping duty order
on stainless steel sheet and strip in coils
from Mexico for the period July 1, 2003
to June 30, 2004. See Preliminary
Results. In response to the Department’s
invitation to comment on the
preliminary results of this review,
Mexinox and Allegheny Ludlum
Corporation, North American Stainless,
United Auto Workers Local 3303,
Zanesville Armco Independent
Organization, Inc. and the United
Steelworkers of America, AFL–CIO/CLC
(collectively, petitioners) filed their case
briefs on September 7, 2005. Mexinox
and petitioners submitted their rebuttal
briefs on September 14, 2005.
[A–201–822]
Period of Review
Stainless Steel Sheet and Strip in Coils
from Mexico; Final Results of
Antidumping Duty Administrative
Review
The period of review (POR) is July 1,
2003, to June 30, 2004.
Issues Specific to Weyerhaeuser
Comment 37: Level of Trade for
Weyerhaeuser’s VMI sales.
Comment 38: Assessment for
Weyerhaeuser’s Unaffiliated
Importers of Record.
Comment 39: Log Cost Allocation for
British Columbia Coastal Operations.
Comment 40: Calculation of Various
G&A Expenses.
Comment 41: Clerical Error Allegations
Specific to Weyerhaeuser.
[FR Doc. 05–23932 Filed 12–9–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 8, 2005, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on stainless
AGENCY:
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17:51 Dec 09, 2005
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Scope of the Order
For purposes of this administrative
review, the products covered 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
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greater than 9.5 mm in width and less
than 4.75 mm in thickness, and that is
annealed or otherwise heat treated and
pickled or otherwise descaled. The
subject sheet and strip may also be
further processed (e.g., cold-rolled,
polished, aluminized, coated, etc.)
provided that it maintains the specific
dimensions of sheet and strip following
such processing. The merchandise
subject to this order is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheadings: 7219.13.0031,
7219.13.0051, 7219.13.0071,
7219.1300.81, 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 HTSUS
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 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
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Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Notices
in the manufacture of razor blades. See
chapter 72 of the HTSUS, ‘‘Additional
U.S. Note’’ 1(d).
Flapper valve steel is also excluded
from the scope of 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-chromiumcobalt alloy stainless strip is also
excluded from the scope of this order.
This ductile stainless steel strip
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17:51 Dec 09, 2005
Jkt 208001
73445
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
1 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
2 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A.
3 ‘‘Durphynox 17’’ is a trademark of Imphy, S.A.
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.
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Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the ‘‘Issues and Decision Memorandum’’
(Decision Memorandum) from Stephen
Claeys, Deputy Assistant Secretary for
Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for
Import Administration, dated December
6, 2005, which is hereby adopted by this
notice. A list of the issues which parties
have raised and to which we have
responded, all of which are in the
Decision Memorandum, 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 Memorandum can be accessed
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directly via the Internet at
www.ia.ita.doc.gov. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made the
following changes to the margin
calculation:
• We have recalculated Mexinox’s
general and administrative expenses
(G&A) ratio and have applied it to
Mexinox’s reported cost of manufacture
(COM).
• In accordance with the major input
test we made adjustments to the
reported costs of direct material costs
for certain grades. See Cost of
Production and Constructed Value
Calculation Adjustments for the Final
Results—ThyssenKrupp Mexinox S.A.
de C.V dated December 6, 2005.
• We have used U.S. dollar invoice
prices (GRSUPRUH) and applicable
billing adjustments (BILLADJ1UH and
BILLADJ2UH) for certain dollardenominated sales reported in the home
market.
• We have revised the U.S. indirect
selling expense (INDIRSU) ratio to
include selling expenses incurred and
revenues received in the United States
relating to Mexinox’s affiliates, Mexinox
USA and ThyssenKrupp Nirosta North
America (TKNNA).
These changes are discussed in the
relevant sections of the Decision
Memorandum and the December 6,
2005, ‘‘Analysis of Data Submitted by
ThyssenKrupp Mexinox S.A. de C.V.
(Mexinox) for the Final Results of
Stainless Steel Sheet and Strip in Coils
from Mexico (A–201–822)’’ (Analysis
Memorandum).
Final Results of Review
We determine the following weightedaverage percentage margin exists for the
period July 1, 2003 to June 30, 2004:
Manufacturer / Exporter
Weighted
Average
Margin (percentage)
ThyssenKrupp Mexinox S.A. de
C.V. .......................................
2.96 percent
Assessment
Pursuant to 19 CFR 351.212(b), the
Department calculates an assessment
rate for each importer of the subject
merchandise. Upon issuance of the final
results of this review, if any importerspecific assessment rates calculated in
the final results are above de minimis
(i.e., at or above 0.50 percent), we will
issue appraisement instructions directly
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17:51 Dec 09, 2005
Jkt 208001
to U.S. Customs and Border Protection
(CBP) to assess antidumping duties on
appropriate entries by applying the
assessment rate to the entered value of
the merchandise. To determine whether
the duty-assessment rate covering the
period is de minimis, in accordance
with the requirement set forth in 19 CFR
351.106(c)(2), we have calculated an
importer-specific assessment ad
valorem rate by aggregating the
dumping margins calculated for all U.S.
sales to the sole importer of
ThyssenKrupp Mexinox S.A. de C.V.’s
subject merchandise and dividing this
amount by the total entered value of the
sales to that importer. Where the
importer-specific ad valorem rate is
greater than de minimis and because the
respondent has reported reliable entered
values, we will instruct CBP to apply
the assessment rate to the entered value
of the importer’s entries during the
period of review. Pursuant to 19 CFR
356.8, the Department will issue
appropriate assessment instructions
directly to CBP on or after the 41st day
after publication of the final results of
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of these final results of
administrative review, as provided by
section 751(a)(1) of the Tariff Act of
1930, as amended (the Tariff Act): (1)
The cash deposit rate for the reviewed
company will be the rate listed above;
(2) if the exporter is not a firm covered
in this review, but was covered in a
previous review or the original less than
fair value (LTFV) investigation, 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 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 the ‘‘all
others’’ rate of 30.86 percent, which is
the ‘‘All Others’’ rate established in the
LTFV investigation. See Notice of Final
Determination of Sales at Less Than
Fair Value: Stainless Steel Sheet and
Strip in Coils from Mexico, 64 FR 30790
(June 8, 1999). These deposit
requirements, when imposed, shall
remain in effect until publication of the
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final results of the next administrative
review.
Notification to Interested Parties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR section
351.402(f)(2) 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 the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR section 351.305, that
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act.
Dated: December 6, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
Appendix—Issues in Decision
Memorandum
Adjustments to Normal Value
Comment 1: Peso-Based Interest Rate
for Home Market Sales.
Comment 2: Whether Home Market
Database is Complete.
Adjustments to United States Price
Comment 3: U.S. Indirect Selling
Expenses.
Comment 4: Mexico-incurred Indirect
Selling Expenses.
Cost of Production
Comment 5: General and
Administrative Expenses.
Comment 6: Adjustment to Major
Input Analysis.
Comment 7: Financial Expenses.
Margin Calculations
Comment 8: Offsetting for Export
Sales that Exceed Normal Value.
Comment 9: Circumstance of Sale
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Adjustment.
[FR Doc. 05–23920 Filed 12–9–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Scope of the Order
[A–489–501]
Notice of Final Results of Antidumping
Duty Administrative Review: Certain
Welded Carbon Steel Pipe and Tube
from Turkey
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of
Antidumping Duty Administrative
Review: Certain Welded Carbon Steel
Pipe and Tube from Turkey.
AGENCY:
SUMMARY: On June 7, 2005, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of its administrative review of
the antidumping duty order on certain
welded carbon steel pipe and tube
(‘‘welded pipe and tube’’) from Turkey.
This review covers two producers/
exporters of the subject merchandise.
The period of review (‘‘POR’’) is May 1,
2003, through April 30, 2004. Based on
our analysis of the comments received,
these final results differ from the
preliminary results. The final results are
listed below in the Final Results of
Review section.
EFFECTIVE DATE: December 12, 2005.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett, George McMahon,
or Jim Terpstra, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–4161, (202) 482–1167 or (202) 482–
3965, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers two producers/
exporters of the subject merchandise: (1)
¨
¨
the Yucel Group (‘‘Yucel’’), which
includes Cayirova Boru Sanayi ve
¸
¨
Ticaret A.S. and its affiliate, Yucel Boru
Ithalat–Ihracat ve Pazarlama A.S.
(collectively referred to as ‘‘Cayirova’’)
¸
and (2) the Borusan Group
(‘‘Borusan’’).1 On June 7, 2005, the
Department published the preliminary
results of this review and invited
1 The Borusan Group includes Borusan Birlesik
Boru Fabrikalari A.S., Mannesmann Boru End strisi
T.A.S., Borusan Mannesmann Boru Sanayii ve
Ticaret A.S., and Istikbal Ticaret T.A.S.
VerDate Aug<31>2005
interested parties to comment on those
results.2 On July 21, 2005, we received
case briefs from Cayirova, Borusan, and
¸
domestic interested parties.3 On July 28,
2005, we received rebuttal briefs from
the same parties. A public hearing was
held on August 4, 2005.4
17:51 Dec 09, 2005
Jkt 208001
The products covered by this order
include circular welded non-alloy steel
pipes and tubes, of circular crosssection, not more than 406.4 millimeters
(16 inches) in outside diameter,
regardless of wall thickness, surface
finish (black, or galvanized, painted), or
end finish (plain end, beveled end,
threaded and coupled). Those pipes and
tubes are generally known as standard
pipe, though they may also be called
structural or mechanical tubing in
certain applications. Standard pipes and
tubes are intended for the low pressure
conveyance of water, steam, natural gas,
air, and other liquids and gases in
plumbing and heating systems, air
conditioner units, automatic sprinkler
systems, and other related uses.
Standard pipe may also be used for light
load-bearing and mechanical
applications, such as for fence tubing,
and for protection of electrical wiring,
such as conduit shells.
The scope is not limited to standard
pipe and fence tubing, or those types of
mechanical and structural pipe that are
used in standard pipe applications. All
carbon steel pipes and tubes within the
physical description outlined above are
included in the scope of this order,
except for line pipe, oil country tubular
goods, boiler tubing, cold-drawn or
cold-rolled mechanical tubing, pipe and
tube hollows for redraws, finished
scaffolding, and finished rigid conduit.
Imports of these products are
currently classifiable under the
following Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’)
subheadings: 7306.30.10.00,
7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55,
7306.30.50.85, and 7306.30.50.90.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of this proceeding is dispositive.
2 Notice of Preliminary Results of Antidumping
Administrative Review: Ceratin Welded Carbon
Steel Pipe and Tube from Turkey, 70 FR 33084
(June 7, 2005).
3 Petitioners are Allied Tube and Conduit
Corporation, and Wheatland Tube Company.
4 A copy of the transcript of the hearing is
available in the Cental Records Unit (‘‘CRU’’) of the
Department.
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73447
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the ‘‘Issues and
Decision Memorandum for the Final
Results of the Administrative Review of
the Antidumping Duty Order on Certain
Welded Carbon Steel Pipe and Tube
from Turkey’’ from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration, dated December 5, 2005
(‘‘Decision Memorandum’’), 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 addressed in the
Decision Memorandum, is attached to
this notice as an Appendix. Parties can
find a complete discussion of all issues
raised in this review and the
corresponding recommendation in the
Decision Memorandum, which is on file
in the CRU, room B–099 of the main
Department of Commerce building.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the Internet at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Fair Value Comparisons
We calculated export price (‘‘EP’’) and
normal value (‘‘NV’’) based on the same
methodology used in the preliminary
results, except for changes detailed in
the Decision Memorandum. For
Cayirova, we have made the contract
¸
date as the date of sale, changed the
weighting factors matching home
market and U.S. market sales, and
applied the countervailing duty
adjustment.5 For Borusan, we have
restored certain U.S. and home market
sales.6
Cost of Production
We calculated the cost of production
(‘‘COP’’) for the merchandise based on
the same methodology used in the
preliminary results.
Final Results of Review
As a result of our review, we
determine that the following weightedaverage percentage margins exist for the
period May 1, 2003, through April 30,
2004:
Manufacturer/Exporter
Borusan ........................
Cayirova ........................
¸
Margin (percent)
0.86
3.52
5 Decision Memorandum, December 5, 2005, at
comments 1, 3 and 4.
6 Id., at comment 5.
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 70, Number 237 (Monday, December 12, 2005)]
[Notices]
[Pages 73444-73447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23920]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-822]
Stainless Steel Sheet and Strip in Coils from Mexico; Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 8, 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
Mexico See Stainless Steel Sheet and Strip in Coils from Mexico;
Preliminary Results of Antidumping Duty Administrative Review, 70 FR
45675 (August 8, 2005) (Preliminary Results). This review covers one
manufacturer/exporter, ThyssenKrupp Mexinox S.A. de C.V. (Mexinox), of
the subject merchandise to the United States during the period July 1,
2003 to June 30, 2004. Based on our analysis of the comments received,
we have made changes in the margin calculation; therefore, the final
results differ from the preliminary results. The final weighted-average
dumping margin for the reviewed firm is listed below in the section
entitled ``Final Results of Review.''
EFFECTIVE DATE: December 12, 2005.
FOR FURTHER INFORMATION CONTACT: Angela Strom, Maryanne Burke or Robert
James, AD/CVD Operations, Office VII, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-2704, (202) 482-5604 and (202) 482-0649 respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 8, 2005, the Department published in the Federal Register
the preliminary results of the administrative review of the antidumping
duty order on stainless steel sheet and strip in coils from Mexico for
the period July 1, 2003 to June 30, 2004. See Preliminary Results. In
response to the Department's invitation to comment on the preliminary
results of this review, Mexinox and Allegheny Ludlum Corporation, North
American Stainless, United Auto Workers Local 3303, Zanesville Armco
Independent Organization, Inc. and the United Steelworkers of America,
AFL-CIO/CLC (collectively, petitioners) filed their case briefs on
September 7, 2005. Mexinox and petitioners submitted their rebuttal
briefs on September 14, 2005.
Period of Review
The period of review (POR) is July 1, 2003, to June 30, 2004.
Scope of the Order
For purposes of this administrative review, the products covered
are certain stainless steel sheet and strip in coils. Stainless steel
is an alloy steel containing, by weight, 1.2 percent or less of carbon
and 10.5 percent or more of chromium, with or without other elements.
The subject sheet and strip is a flat-rolled product in coils that is
greater than 9.5 mm in width and less than 4.75 mm in thickness, and
that is annealed or otherwise heat treated and pickled or otherwise
descaled. The subject sheet and strip may also be further processed
(e.g., cold-rolled, polished, aluminized, coated, etc.) provided that
it maintains the specific dimensions of sheet and strip following such
processing. The merchandise subject to this order is currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) at subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071,
7219.1300.81, 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 HTSUS 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
[[Page 73445]]
in the manufacture of razor blades. See chapter 72 of the HTSUS,
``Additional U.S. Note'' 1(d).
Flapper valve steel is also excluded from the scope of 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.'' \1\
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) from Stephen Claeys, Deputy
Assistant Secretary for Import Administration, to Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration, dated December 6,
2005, which is hereby adopted by this notice. A list of the issues
which parties have raised and to which we have responded, all of which
are in the Decision Memorandum, 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 Memorandum can be accessed
[[Page 73446]]
directly via the Internet at www.ia.ita.doc.gov. The paper copy and
electronic version of the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made the
following changes to the margin calculation:
We have recalculated Mexinox's general and administrative
expenses (G&A) ratio and have applied it to Mexinox's reported cost of
manufacture (COM).
In accordance with the major input test we made adjustments to
the reported costs of direct material costs for certain grades. See
Cost of Production and Constructed Value Calculation Adjustments for
the Final Results--ThyssenKrupp Mexinox S.A. de C.V dated December 6,
2005.
We have used U.S. dollar invoice prices (GRSUPRUH) and
applicable billing adjustments (BILLADJ1UH and BILLADJ2UH) for certain
dollar-denominated sales reported in the home market.
We have revised the U.S. indirect selling expense (INDIRSU)
ratio to include selling expenses incurred and revenues received in the
United States relating to Mexinox's affiliates, Mexinox USA and
ThyssenKrupp Nirosta North America (TKNNA).
These changes are discussed in the relevant sections of the Decision
Memorandum and the December 6, 2005, ``Analysis of Data Submitted by
ThyssenKrupp Mexinox S.A. de C.V. (Mexinox) for the Final Results of
Stainless Steel Sheet and Strip in Coils from Mexico (A-201-822)''
(Analysis Memorandum).
Final Results of Review
We determine the following weighted-average percentage margin
exists for the period July 1, 2003 to June 30, 2004:
------------------------------------------------------------------------
Weighted
Average
Manufacturer / Exporter Margin
(percentage)
------------------------------------------------------------------------
ThyssenKrupp Mexinox S.A. de C.V.......................... 2.96 percent
------------------------------------------------------------------------
Assessment
Pursuant to 19 CFR 351.212(b), the Department calculates an
assessment rate for each importer of the subject merchandise. Upon
issuance of the final results of this review, if any importer-specific
assessment rates calculated in the final results are above de minimis
(i.e., at or above 0.50 percent), we will issue appraisement
instructions directly to U.S. Customs and Border Protection (CBP) to
assess antidumping duties on appropriate entries by applying the
assessment rate to the entered value of the merchandise. To determine
whether the duty-assessment rate covering the period is de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we
have calculated an importer-specific assessment ad valorem rate by
aggregating the dumping margins calculated for all U.S. sales to the
sole importer of ThyssenKrupp Mexinox S.A. de C.V.'s subject
merchandise and dividing this amount by the total entered value of the
sales to that importer. Where the importer-specific ad valorem rate is
greater than de minimis and because the respondent has reported
reliable entered values, we will instruct CBP to apply the assessment
rate to the entered value of the importer's entries during the period
of review. Pursuant to 19 CFR 356.8, the Department will issue
appropriate assessment instructions directly to CBP on or after the
41st day after publication of the final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of these final results of administrative
review, as provided by section 751(a)(1) of the Tariff Act of 1930, as
amended (the Tariff Act): (1) The cash deposit rate for the reviewed
company will be the rate listed above; (2) if the exporter is not a
firm covered in this review, but was covered in a previous review or
the original less than fair value (LTFV) investigation, 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 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 the ``all others'' rate of 30.86 percent, which is the
``All Others'' rate established in the LTFV investigation. See Notice
of Final Determination of Sales at Less Than Fair Value: Stainless
Steel Sheet and Strip in Coils from Mexico, 64 FR 30790 (June 8, 1999).
These deposit requirements, when imposed, shall remain in effect until
publication of the final results of the next administrative review.
Notification to Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR section 351.402(f)(2) 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 the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR section 351.305, that continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act.
Dated: December 6, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
Adjustments to Normal Value
Comment 1: Peso-Based Interest Rate for Home Market Sales.
Comment 2: Whether Home Market Database is Complete.
Adjustments to United States Price
Comment 3: U.S. Indirect Selling Expenses.
Comment 4: Mexico-incurred Indirect Selling Expenses.
Cost of Production
Comment 5: General and Administrative Expenses.
Comment 6: Adjustment to Major Input Analysis.
Comment 7: Financial Expenses.
Margin Calculations
Comment 8: Offsetting for Export Sales that Exceed Normal Value.
Comment 9: Circumstance of Sale
[[Page 73447]]
Adjustment.
[FR Doc. 05-23920 Filed 12-9-05; 8:45 am]
BILLING CODE 3510-DS-S