Stainless Steel Sheet and Strip in Coils From Germany; Notice of Final Results of Antidumping Duty Administrative Review, 73729-73731 [E5-7281]
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Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices
Comment 3: Date of Sale
Comment 4: U.S. Inventory Carrying
Costs
482–2657, (202) 482–1121 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Comment 5: Repacking Expenses
Comment 6: Bonuses and Cost of
Production
Background
On August 8, 2005, the Department of
Commerce published the preliminary
results of administrative review of the
antidumping order covering stainless
steel sheet and strip in coils from
Germany. See Preliminary Results. In
the Preliminary Results we invited
parties to provide comments. In
response, the Department received case
briefs from ThyssenKrupp Nirosta
GmbH, ThyssenKrupp VDM GmbH
(TKVDM), ThyssenKrupp Nirosta
¨
Prazisionsband GmbH (TKNP), and their
various affiliates (collectively, TKN) and
from Allegheny Ludlum, North
American Stainless, Local 3303 United
Auto Workers, United Steelworkers of
America, AFL–CIO/CLC, and Zanesville
Armco Independent Organization
(collectively, Petitioners) on September
7, 2005. Petitioners submitted a rebuttal
brief on September 14, 2005. TKN did
not submit a rebuttal brief.
ISSUES RELATING TO TRU–FLOW
Comment 7: Sales by Other Companies
of Fittings Produced by Tru–Flow
[FR Doc. E5–7278 Filed 12–12–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
(A–428–825)
Stainless Steel Sheet and Strip in Coils
From Germany; Notice of Final Results
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of
Antidumping Duty Administrative
Review.
AGENCY:
SUMMARY: On August 8, 2005, the
Department of Commerce (the
Department) published the preliminary
results of administrative review of the
antidumping duty order covering
stainless steel sheet and strip in coils
from Germany. See Stainless Steel Sheet
and Strip in Coils from Germany; Notice
of Preliminary Results of Antidumping
Duty Administrative Review, 70 FR
45682 (August 8, 2005) (Preliminary
Results). The merchandise covered by
this order is stainless steel sheet and
strip in coils as described in the ‘‘Scope
of the Order’’ section of this notice. The
period of review (POR) is July 1, 2003
through June 30, 2004. We invited
parties to comment on our Preliminary
Results. Based on our analysis of the
comments received, we have made
changes to 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 the
Review.’’
EFFECTIVE DATE:
December 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Deborah Scott, Tyler Weinhold, or
Robert James, AD/CVD Operations,
Office 7, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230, telephone: (202)
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00:22 Dec 13, 2005
Jkt 208001
Scope of the Order
The products covered by this order
are certain stainless steel sheet and strip
in coils. Stainless steel is an alloy steel
containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
of chromium, with or without other
elements. The subject sheet and strip is
a flat–rolled product in coils that is
greater than 9.5 mm in width and less
than 4.75 mm in thickness, and that is
annealed or otherwise heat treated and
pickled or otherwise descaled. The
subject sheet and strip may also be
further processed (e.g., cold–rolled,
polished, aluminized, coated, etc.)
provided that it maintains the specific
dimensions of sheet and strip following
such processing. The merchandise
subject to this order is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheadings: 7219.13.0031,
7219.13.0051, 7219.13.0071,
7219.1300.81 1, 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,
1 Due to changes to the HTS numbers in 2001,
7219.13.0030, 7219.13.0050, 7219.13.0070, and
7219.13.0080 are now 7219.13.0031, 7219.13.0051,
7219.13.0071, and 7219.13.0081, respectively.
PO 00000
Frm 00010
Fmt 4703
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73729
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 this order is
dispositive.
Excluded from the scope of the 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 (coldreduced), in coils, of a width of not
more than 23 mm and a thickness of
0.266 mm or less, containing, by weight,
12.5 to 14.5 percent chromium, and
certified at the time of entry to be used
in the manufacture of razor blades. See
chapter 72 of the 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.
E:\FR\FM\13DEN1.SGM
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73730
Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices
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
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.’’ 2
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.’’ 3
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.’’ 4
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).5 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
3 ‘‘Gilphy
36’’ is a trademark of Imphy, S.A.
17’’ is a trademark of Imphy, S.A.
5 This list of uses is illustrative and provided for
descriptive purposes only.
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.’’ 6
Analysis of Comments Received
All issues raised by parties in the case
briefs and in Petitioners’ rebuttal brief to
this administrative review are addressed
in the Issues and Decision
Memorandum from Stephen Claeys,
Deputy Assistant Secretary for Import
Administration to Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration (Decision
Memorandum), 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. The Decision
Memorandum is on file in 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://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 comments
received, we have made changes to the
margin calculation. The changes are
listed below:
• We have calculated home market
early payment discounts and
rebates on a concern (i.e., affiliated–
family grouping) basis rather than
on the basis of individual
customers, where applicable.
• We have disregarded from our
analysis all home market sales by
Nirosta Service Center (NSC) that
were coded as sales of non–prime
merchandise.
• For the preliminary results, certain
cost of production (COP) data had
been inadvertently eliminated from
our analysis, thereby causing
4 ‘‘Durphynox
2 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
VerDate Aug<31>2005
00:22 Dec 13, 2005
Jkt 208001
PO 00000
Frm 00011
Fmt 4703
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6 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ and ‘‘GIN6’’ are the
proprietary grades of Hitachi Metals America, Ltd.
E:\FR\FM\13DEN1.SGM
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Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices
from Germany entered, or withdrawn
from warehouse, for consumption on or
after the date of publication, 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 shown above;
(2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company–specific rate published for
Final Results of the Review
the most recent period; (3) if the
We determine the following
exporter is not a firm covered in this
percentage weighted–average margin
review, a prior review, or the original
exists for the period July 1, 2003,
less–than-fair–value (LTFV)
through June 30, 2004:
investigation, but the manufacturer is,
the cash deposit rate will be the rate
Weighted Average
established for the most recent period
Manufacturer/Exporter
Margin
for the manufacturer of the
(percentage)
merchandise; and (4) the cash deposit
TKN ...............................
9.50 rate for all other manufacturers or
exporters will continue to be 13.48
Assessment
percent. This rate is the ‘‘All Others’’
rate from the amended final
The Department shall determine, and
determination in the LTFV investigation
U.S. Bureau of Customs and Border
of stainless steel sheet and strip in coils
Protection (CBP) shall assess,
from Germany. See Stainless Steel Sheet
antidumping duties on all appropriate
and Strip in Coils From Germany:
entries. In accordance with 19 CFR
351.212(b)(1), the Department calculates Amended Final Determination of
Antidumping Duty Investigation, 67 FR
an assessment rate for each importer of
the subject merchandise. Upon issuance 15178, 15179 (March 29, 2002).
of the final results of this review, if any
These deposit requirements shall
importer–specific assessment rates
remain in effect until publication of the
calculated in the final results are above
final results of the next administrative
de minimis (i.e., at or above 0.5 percent), review.
we will issue appraisement instructions
Reimbursement
directly to CBP to assess antidumping
duties on appropriate entries by
This notice also serves as a final
applying the assessment rate to the
reminder to importers of their
entered value of the merchandise. To
determine whether the duty–assessment responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
rate covering the period is de minimis,
reimbursement of antidumping or
in accordance with the requirement set
countervailing duties prior to
forth in 19 CFR 351.106(c)(2), we have
liquidation of the relevant entries
calculated an importer–specific
during this review period. Failure to
assessment ad valorem rate by
comply with this requirement could
aggregating the dumping margins
result in the Secretary’s presumption
calculated for all U.S. sales to each
that reimbursement of antidumping or
customer or importer and dividing this
amount by the total quantity sold to that countervailing duties occurred and the
subsequent assessment of doubled
customer or importer. Where the
antidumping duties.
importer–specific ad valorem rate is
greater than de minimis, and where the
Notification Regarding Administrative
respondent has reported reliable entered Protective Orders
values, we instruct CBP to apply the
This notice also serves as a reminder
assessment rate to the entered value of
to parties subject to administrative
the importer’s entries during the POR.
protective orders (APO) of their
The Department will issue appropriate
responsibility concerning the return or
assessment instructions directly to CBP
destruction of proprietary information
within 15 days of publication of the
disclosed under APO in accordance
final results of this review.
with 19 CFR 351.305. Timely written
Cash Deposit Requirements
notification of the return or destruction
The following deposit requirements
of APO materials or conversion to
will be effective upon publication of
judicial protective order is hereby
this notice of final results of
requested. Failure to comply with the
administrative review for all shipments
regulations and terms of an APO is a
of stainless steel sheet and strip in coils violation which is subject to sanction.
certain U.S. sales to be excluded
from our analysis since they had no
matching cost data. Therefore, for
these final results we inserted
programming language to maintain
these COP data in our analysis.
• We corrected the data in the grade
field for certain home market
observations that had been coded
incorrectly.
VerDate Aug<31>2005
00:22 Dec 13, 2005
Jkt 208001
PO 00000
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73731
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Tariff Act.
Dated: December 6, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
Appendix
Comments and Responses
1. Whether to Split Gauge Group 70
2. Calculation of Interest Expense
3. Home Market Rebates and Early
Payment Discounts
4. Distinguishing between Prime and
Non–Prime Sales in Conducting the
Cost Test
5. Treatment of Non–Dumped Sales
6. Reclassification of Non–Prime
Products
7. Dropped U.S. Sales
8. Misclassified Grades
[FR Doc. E5–7281 Filed 12–12–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
Notice of Issuance of an
Amended Export Trade Certificate of
Review, Application No.: 84–16A12.
ACTION:
SUMMARY: The U.S. Department of
Commerce issued an amended Export
Trade Certificate of Review to
Northwest Fruit Exporters (‘‘NFE’’) on
December 2, 2005. The Certificate has
been amended fifteen times. The most
recent previous amendment was issued
to NFE on October 14, 2004, and
published in the Federal Register on
October 21, 2004 (69 FR 61802). The
original Export Trade Certificate of
Review No. 84–00012 was issued to
NFE on June 11, 1984, and published in
the Federal Register on June 14, 1984
(49 FR 24581).
FOR FURTHER INFORMATION CONTACT:
Jeffrey Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, by telephone at
(202) 482–5131 (this is not a toll-free
number) or by e-mail at
oetca@ita.doc.gov.
Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. The
regulations implementing Title III are
found at 15 CFR part 325 (2005).
Export Trading Company Affairs is
issuing this notice pursuant to 15 CFR
325.6(b), which requires the Department
SUPPLEMENTARY INFORMATION:
E:\FR\FM\13DEN1.SGM
13DEN1
]]>Agencies
[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Notices]
[Pages 73729-73731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7281]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-428-825)
Stainless Steel Sheet and Strip in Coils From Germany; Notice of
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Antidumping Duty Administrative
Review.
-----------------------------------------------------------------------
SUMMARY: On August 8, 2005, the Department of Commerce (the Department)
published the preliminary results of administrative review of the
antidumping duty order covering stainless steel sheet and strip in
coils from Germany. See Stainless Steel Sheet and Strip in Coils from
Germany; Notice of Preliminary Results of Antidumping Duty
Administrative Review, 70 FR 45682 (August 8, 2005) (Preliminary
Results). The merchandise covered by this order is stainless steel
sheet and strip in coils as described in the ``Scope of the Order''
section of this notice. The period of review (POR) is July 1, 2003
through June 30, 2004. We invited parties to comment on our Preliminary
Results. Based on our analysis of the comments received, we have made
changes to 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 the Review.''
EFFECTIVE DATE: December 13, 2005.
FOR FURTHER INFORMATION CONTACT: Deborah Scott, Tyler Weinhold, or
Robert James, AD/CVD Operations, Office 7, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230, telephone:
(202) 482-2657, (202) 482-1121 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 8, 2005, the Department of Commerce published the
preliminary results of administrative review of the antidumping order
covering stainless steel sheet and strip in coils from Germany. See
Preliminary Results. In the Preliminary Results we invited parties to
provide comments. In response, the Department received case briefs from
ThyssenKrupp Nirosta GmbH, ThyssenKrupp VDM GmbH (TKVDM), ThyssenKrupp
Nirosta Pr[auml]zisionsband GmbH (TKNP), and their various affiliates
(collectively, TKN) and from Allegheny Ludlum, North American
Stainless, Local 3303 United Auto Workers, United Steelworkers of
America, AFL-CIO/CLC, and Zanesville Armco Independent Organization
(collectively, Petitioners) on September 7, 2005. Petitioners submitted
a rebuttal brief on September 14, 2005. TKN did not submit a rebuttal
brief.
Scope of the Order
The products covered by this order are certain stainless steel
sheet and strip in coils. Stainless steel is an alloy steel containing,
by weight, 1.2 percent or less of carbon and 10.5 percent or more of
chromium, with or without other elements. The subject sheet and strip
is a flat-rolled product in coils that is greater than 9.5 mm in width
and less than 4.75 mm in thickness, and that is annealed or otherwise
heat treated and pickled or otherwise descaled. The subject sheet and
strip may also be further processed (e.g., cold-rolled, polished,
aluminized, coated, etc.) provided that it maintains the specific
dimensions of sheet and strip following such processing. The
merchandise subject to this order is currently classifiable in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings:
7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81 \1\,
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 this order is dispositive.
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\1\ Due to changes to the HTS numbers in 2001, 7219.13.0030,
7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031,
7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively.
---------------------------------------------------------------------------
Excluded from the scope of the order are the following: (1) Sheet
and strip that is not annealed or otherwise heat treated and pickled or
otherwise descaled, (2) sheet and strip that is cut to length, (3)
plate (i.e., flat-rolled stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a
prepared edge, rectangular in shape, of a width of not more than 9.5
mm), and (5) razor blade steel. Razor blade steel is a flat-rolled
product of stainless steel, not further worked than cold-rolled (cold-
reduced), in coils, of a width of not more than 23 mm and a thickness
of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent
chromium, and certified at the time of entry to be used in the
manufacture of razor blades. See chapter 72 of the 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.
[[Page 73730]]
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.'' \2\
---------------------------------------------------------------------------
\2\ ``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.'' \3\
---------------------------------------------------------------------------
\3\ ``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.'' \4\
---------------------------------------------------------------------------
\4\ ``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).\5\ 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.'' \6\
---------------------------------------------------------------------------
\5\ This list of uses is illustrative and provided for
descriptive purposes only.
\6\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised by parties in the case briefs and in Petitioners'
rebuttal brief to this administrative review are addressed in the
Issues and Decision Memorandum from Stephen Claeys, Deputy Assistant
Secretary for Import Administration to Joseph A. Spetrini, Acting
Assistant Secretary for Import Administration (Decision Memorandum),
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. The Decision Memorandum is on file in 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://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 comments received, we have made changes to
the margin calculation. The changes are listed below:
We have calculated home market early payment discounts and
rebates on a concern (i.e., affiliated-family grouping) basis rather
than on the basis of individual customers, where applicable.
We have disregarded from our analysis all home market
sales by Nirosta Service Center (NSC) that were coded as sales of non-
prime merchandise.
For the preliminary results, certain cost of production
(COP) data had been inadvertently eliminated from our analysis, thereby
causing
[[Page 73731]]
certain U.S. sales to be excluded from our analysis since they had no
matching cost data. Therefore, for these final results we inserted
programming language to maintain these COP data in our analysis.
We corrected the data in the grade field for certain home
market observations that had been coded incorrectly.
Final Results of the Review
We determine the following percentage weighted-average margin
exists for the period July 1, 2003, through June 30, 2004:
------------------------------------------------------------------------
Weighted Average
Manufacturer/Exporter Margin
(percentage)
------------------------------------------------------------------------
TKN................................................. 9.50
------------------------------------------------------------------------
Assessment
The Department shall determine, and U.S. Bureau of Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries. In accordance with 19 CFR 351.212(b)(1), 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 0.5 percent), we will
issue appraisement instructions directly to 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 each customer or
importer and dividing this amount by the total quantity sold to that
customer or importer. Where the importer-specific ad valorem rate is
greater than de minimis, and where the respondent has reported reliable
entered values, we instruct CBP to apply the assessment rate to the
entered value of the importer's entries during the POR. The Department
will issue appropriate assessment instructions directly to CBP within
15 days of publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of stainless steel sheet and strip in coils from
Germany entered, or withdrawn from warehouse, for consumption on or
after the date of publication, 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 shown above; (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 13.48 percent.
This rate is the ``All Others'' rate from the amended final
determination in the LTFV investigation of stainless steel sheet and
strip in coils from Germany. See Stainless Steel Sheet and Strip in
Coils From Germany: Amended Final Determination of Antidumping Duty
Investigation, 67 FR 15178, 15179 (March 29, 2002).
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
Reimbursement
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 or countervailing 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 or countervailing duties
occurred and the subsequent assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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 terms of an APO is a violation which is
subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Tariff Act.
Dated: December 6, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix
Comments and Responses
1. Whether to Split Gauge Group 70
2. Calculation of Interest Expense
3. Home Market Rebates and Early Payment Discounts
4. Distinguishing between Prime and Non-Prime Sales in Conducting the
Cost Test
5. Treatment of Non-Dumped Sales
6. Reclassification of Non-Prime Products
7. Dropped U.S. Sales
8. Misclassified Grades
[FR Doc. E5-7281 Filed 12-12-05; 8:45 am]
BILLING CODE 3510-DS-S
