Notice of Final Results of Antidumping Duty Administrative Review: Stainless Steel Sheet and Strip in Coils From France, 6269-6272 [E6-1606]
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Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Notices
Final Results of Review:
We determine that revocation of the
antidumping duty order on cement and
cement clinker from Japan would be
likely to lead to continuation or
recurrence of dumping at the following
weighted–average percentage margins:
Manufacturers/Exporters/Producers
Weighted–Average
Margin (percent)
Onoda Cement Company, Ltd. ..................
Nihon Cement Company, Ltd. ..................
All Other Manufacturers/
Producers/Exporters
70.52
69.89
70.23
This notice also serves as the only
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 notification of the return or
destruction of APO materials or
conversion to judicial protective orders
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 these
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act.
Dated: January 30, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6–1633 Filed 2–6–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–826]
Continuation of Antidumping Duty
Order: Paper Clips from the People’s
Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (‘‘Department’’) and the
International Trade Commission
(‘‘Commission’’) that revocation of this
antidumping duty order would be likely
to lead to continuation or recurrence of
dumping and material injury to an
industry in the United States, pursuant
to section 751(c) of the Tariff Act of
1930, as amended (‘‘the Act’’), the
Department hereby orders the
continuation of the antidumping duty
order on paper clips from the People’s
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AGENCY:
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16:40 Feb 06, 2006
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Republic of China (‘‘China’’). The
Department is publishing notice of the
continuation of this antidumping duty
order.
EFFECTIVE DATE: February 7, 2006.
FOR FURTHER INFORMATION CONTACT:
Hilary E. Sadler, Esq. or Jim Nunno, AD/
CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Ave., NW., Washington, DC 20230;
telephone: (202) 482–4340 or (202) 482–
0783, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2005, the Department
initiated and the Commission instituted
a sunset review of the antidumping duty
order on paper clips from China
pursuant to section 751(c) of the Act.
See Initiation of Five-year (‘‘Sunset’’)
Reviews, 70 FR 38101 (July 1, 2005). As
a result of its review, the Department
found that revocation of the
antidumping duty order would be likely
to lead to continuation or recurrence of
dumping and notified the Commission
of the magnitude of the margins likely
to prevail were the order to be revoked.
See Paper Clips from the People’s
Republic of China; Notice of Final
Results of Expedited Sunset Review of
Antidumping Duty Order, 70 FR 67433
(November 7, 2005).
On January 17, 2006, the Commission
determined, pursuant to section 751(c)
of the Act, that revocation of the
antidumping duty order on paper clips
from China would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time. See Paper Clips from China, 71 FR
3541 (January 23, 2006), USITC
Publication 3834 (January 2006)
(Investigation No. 731–TA–663 (Second
Review)).
Scope of the Order
The products covered by this order
are certain paper clips, wholly of wire
of base metal, whether or not
galvanized, whether or not plated with
nickel or other base metal (e.g., copper),
with a wire diameter between 0.025
inches and 0.075 inches (0.64 to 1.91
millimeters), regardless of physical
configuration, except as specifically
excluded. The products subject to this
order may have a rectangular or ring–
like shape and include, but are not
limited to, clips commercially referred
to as No. 1 clips, No. 3 clips, Jumbo or
Giant clips, Gem clips, Frictioned clips,
Perfect Gems, Marcel Gems, Universal
clips, Nifty clips, Peerless clips, Ring
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6269
clips, and Glide–On clips. The products
subject to this order are currently
classifiable under subheading
8305.90.3010 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’).
Specifically excluded from the scope
of this order are plastic and vinyl
covered paper clips, butterfly clips,
binder clips, or other paper fasteners
that are not made wholly of wire of base
metal and are covered under a separate
subheading of the HTSUS.
Although the HTSUS subheading is
provided for convenience and customs
purposes, the written description of the
scope of this order is dispositive.
Determination
As a result of the determinations by
the Department and the Commission
that revocation of this antidumping duty
order would be likely to lead to
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to sections
751(d)(2)(A) and (B) of the Act, the
Department hereby orders the
continuation of the antidumping duty
order on paper clips from China.
U.S. Customs and Border Protection
will continue to collect antidumping
duty deposits at the rates in effect at the
time of entry for all imports of subject
merchandise. The effective date of the
continuation of this order is the date of
publication in the Federal Register of
this Notice of Continuation. Pursuant to
section 751(c)(2) of the Act, the
Department intends to initiate the next
five-year review of this antidumping
order not later than January 2011.
This sunset review and this
continuation notice are in accordance
with section 751(c) of the Act and
published pursuant to 777(i)(1) of the
Act.
Dated: January 30, 2006.
David Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–1607 Filed 2–6–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–814]
Notice of Final Results of Antidumping
Duty Administrative Review: Stainless
Steel Sheet and Strip in Coils From
France
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Notices
SUMMARY: On August 8, 2005, the
Department of Commerce (the
Department) published its Preliminary
Results of Antidumping Duty
Administrative Review: Stainless Steel
Sheet and Strip in Coils From France,
70 FR 45668 (August 8, 2005)
(Preliminary Results). This review
covers two French producers of the
subject merchandise, Ugine & ALZ,
France, S.A. and Imphy Ugine Precision
(IUP), which have been collapsed into a
single entity (collectively, U&A France)
for purposes of calculating a dumping
margin. See Memorandum to Maria
MacKay, Acting Office Director, through
Sean Carey, Program Manager, from
Sebastian Wright, Analyst, Stainless
Steel Sheet and Strip in Coils From
France: Collapsing of Ugine & ALZ,
France, S.A. and Imphy Ugine
Precision, (August 1, 2005), on file in
the Central Records Unit (CRU), Room
B–099 of the main Commerce Building.
The period of review (POR) is July 1,
2003, through June 30, 2004. Based on
our analysis of the comments received,
we have made changes to the
preliminary results. For the final
dumping margin, see the ‘‘Final Results
of Review’’ section below.
DATES:
Effective Date: February 7, 2006.
Elfi
Blum or Sean Carey, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0197 or (202) 482–
3964, respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Background
Since the publication of the
preliminary results, the following events
have occurred: we invited parties to
comment on the Preliminary Results. On
August 30, 2005, we received U&A
France’s response to the Department’s
supplemental questionnaire, issued July
29, 2005. On September 15, 2005, we
received case briefs from U&A France,
(the ‘‘respondent’’), and from Allegheny
Ludlum Corporation, AK Steel, Inc.,
North American Stainless, United
Steelworkers of America, AFL-CIO/CLC,
Butler Armco Independent Union, and
Zanesville Armco Independent
Organization (collectively, the
‘‘petitioners’’). U&A France and the
petitioners submitted their rebuttal
briefs on September 19, 2005 and
September 20, 2005, respectively. No
hearing was requested.
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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
the order is dispositive.
Excluded from 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
1 Due to changes to the HTSUS 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.
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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.
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
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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 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.’’ 3
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
2 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
3 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A.
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Jkt 208001
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
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
The issues raised in all case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum
to David M. Spooner, Assistant
Secretary for Import Administration,
from Stephen J. Claeys, Deputy
Assistant Secretary for Import
Administration (Decision
Memorandum), which is hereby
adopted by this notice. A list of the
4 ‘‘Durphynox
17’’ is a trademark of Imphy, S.A.
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.
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6271
issues addressed in the Decision
Memorandum is appended to this
notice. The Decision Memorandum is on
file in the CRU, and can be accessed
directly on the Web at https://
ia.ita.doc.gov/.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have corrected certain
ministerial errors and made minor
adjustments in the methodology that
was used in the Preliminary Results
concerning U.S. warranties, in order to
calculate the final dumping margin. The
adjustments are discussed in detail in
the Decision Memorandum.
Final Results of Review
As a result of our review, we
determine that the following weightedaverage margin exists for the period July
1, 2003, through June 30, 2004:
Manufacturer/exporter
U&A France ..............................
Weightedaverage
margin
(percent)
12.31
Assessment
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries, pursuant to
19 CFR 351.212(b). The Department has
calculated a per-unit assessment rate by
aggregating the dumping duties for all
U.S. sales to each importer and dividing
this amount by the total quantity sold to
that importer (see Comment 4, the
Decision Memorandum). Where the
importer specific rate is above de
minimis, we will instruct CBP to assess
duties on all entries of subject
merchandise by that importer. In
addition, as explained in the
Preliminary Results at 45674–45675, we
have continued to include in the
denominator used to calculate the
assessment rate, the merchandise
entered for consumption into the United
States, but subsequently first sold
outside of the United States in order to
‘‘facilitate the CBP’s collection of
antidumping duties on subject
merchandise.’’ See, e.g., Stainless Steel
Sheet & Strip in Coils from Mexico:
Final Results of Antidumping
Administrative Review, 67 FR 6490
(February 12, 2002), at Comment 15.
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 duties
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Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Notices
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred, and in the
subsequent assessment of double
antidumping duties.
Revocation of the Order
On July 12, 2005, the United States
International Trade Commission (ITC)
informed the Department that the
revocation of the antidumping duty
orders on stainless steel sheet and strip
from France would not likely lead to
continuation of recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time. Accordingly, the Department
revoked this antidumping duty order
effective July 27, 2004. Therefore, cash
deposits of estimated antidumping
duties are no longer required. We have
instructed CBP to terminate suspension
of liquidation and to liquidate all entries
of subject merchandise that were
suspended on or after July 27, 2004,
without regard to antidumping duties.
See Certain Stainless Steel Sheet and
Strip in Coils from France and the
United Kingdom; Final Results of Sunset
Reviews and Revocation of
Antidumping Duty Order, 70 FR 44894
(August 4, 2005).
Notification Regarding Administrative
Protective Orders
This notice is the only reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the 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 the terms of an APO is
a sanctionable violation.
We are issuing and publishing these
results and notice in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
erjones on PROD1PC68 with NOTICES
Dated: January 30, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix I—Issues in Decision
Memorandum
Comment 1: Actual Selling Expenses in
Lieu of Commissions for Affiliated
Reseller
Comment 2: Cost Averaging Periods for
U&A France
Comment 3: Price Adjustment for U.S.
Warranty Expenses
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Comment 4: Calculation of Duty
Assessment
Comment 5: Ministerial Errors
[FR Doc. E6–1606 Filed 2–6–06; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free-Trade
Agreement, Article 1904; NAFTA Panel
Reviews; Request for Panel Review
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Notice of first request for panel
review.
AGENCY:
SUMMARY: On January 20, 2006, Consejo
Mexicano De Porticultura, A.C. filed a
First Request for Panel Review with the
Mexican Section of the NAFTA
Secretariat pursuant to Article 1904 of
the North American Free-Trade
Agreement. Panel review was requested
of the antidumping duty determination
made by the Secretaria de Economia,
respecting Swine (pork) fresh, chilled or
frozen, classified as tariff item
0203.12.01 and 0203.22.01 originating
in the United States of America. This
determination was published in the
Diario Oficial de la Federacion, on
December 21, 2005. The NAFTA
Secretariat has assigned Case Number
MEX–USA–2006–1904–01 to this
request.
FOR FURTHER INFORMATION CONTACT:
Caratina L. Alston, United States
Secretary, NAFTA Secretariat, Suite
2061, 14th and Constitution Avenue,
Washington, DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of the North American Free-Trade
Agreement (‘‘Agreement’’) establishes a
mechanism to replace domestic judicial
review of final determinations in
antidumping and countervailing duty
cases involving imports from a NAFTA
country with review by independent
binational panels. When a Request for
Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
conforms with the antidumping or
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada and
the Government of Mexico established
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
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These Rules were published in the
Federal Register on February 23, 1994
(59 FR 8686).
A first Request for Panel Review was
filed with the Mexican Section of the
NAFTA Secretariat, pursuant to Article
1904 of the Agreement, on January 20,
2006, requesting panel review of the
final determination described above.
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 39 within 30
days after the filing of the first Request
for Panel Review (the deadline for filing
a Complaint is February 20, 2006);
(b) a Party, investigating authority or
interested person that does not file a
Complaint but that intends to appear in
support of any reviewable portion of the
final determination may participate in
the panel review by filing a Notice of
Appearance in accordance with Rule 40
within 45 days after the filing of the first
Request for Panel Review (the deadline
for filing a Notice of Appearance is
March 6, 2006); and
(c) the panel review shall be limited
to the allegations of error of fact or law,
including the jurisdiction of the
investigating authority, that are set out
in the Complaints filed in the panel
review and the procedural and
substantive defenses raised in the panel
review.
Dated: February 1, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E6–1592 Filed 2–6–06; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 012706B]
Endangered Species; File No. 1551
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
SUMMARY: Notice is hereby given that
NMFS, Southeast Fisheries Science
Center (SEFSC), 75 Virginia Beach
Drive, Miami, Florida 33149, has
applied in due form for a permit to take
green (Chelonia mydas), loggerhead
(Caretta caretta), Kemp’s ridley
(Lepidochelys kempii), hawksbill
(Eretmochelys imbricata), leatherback
(Dermochelys coriacea), and olive ridley
(Lepidochelys olivacea) for purposes of
scientific research.
E:\FR\FM\07FEN1.SGM
07FEN1
]]>Agencies
[Federal Register Volume 71, Number 25 (Tuesday, February 7, 2006)]
[Notices]
[Pages 6269-6272]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1606]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-814]
Notice of Final Results of Antidumping Duty Administrative
Review: Stainless Steel Sheet and Strip in Coils From France
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 6270]]
SUMMARY: On August 8, 2005, the Department of Commerce (the Department)
published its Preliminary Results of Antidumping Duty Administrative
Review: Stainless Steel Sheet and Strip in Coils From France, 70 FR
45668 (August 8, 2005) (Preliminary Results). This review covers two
French producers of the subject merchandise, Ugine & ALZ, France, S.A.
and Imphy Ugine Precision (IUP), which have been collapsed into a
single entity (collectively, U&A France) for purposes of calculating a
dumping margin. See Memorandum to Maria MacKay, Acting Office Director,
through Sean Carey, Program Manager, from Sebastian Wright, Analyst,
Stainless Steel Sheet and Strip in Coils From France: Collapsing of
Ugine & ALZ, France, S.A. and Imphy Ugine Precision, (August 1, 2005),
on file in the Central Records Unit (CRU), Room B-099 of the main
Commerce Building. The period of review (POR) is July 1, 2003, through
June 30, 2004. Based on our analysis of the comments received, we have
made changes to the preliminary results. For the final dumping margin,
see the ``Final Results of Review'' section below.
DATES: Effective Date: February 7, 2006.
FOR FURTHER INFORMATION CONTACT: Elfi Blum or Sean Carey, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230; telephone: (202) 482-0197 or (202)
482-3964, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the publication of the preliminary results, the following
events have occurred: we invited parties to comment on the Preliminary
Results. On August 30, 2005, we received U&A France's response to the
Department's supplemental questionnaire, issued July 29, 2005. On
September 15, 2005, we received case briefs from U&A France, (the
``respondent''), and from Allegheny Ludlum Corporation, AK Steel, Inc.,
North American Stainless, United Steelworkers of America, AFL-CIO/CLC,
Butler Armco Independent Union, and Zanesville Armco Independent
Organization (collectively, the ``petitioners''). U&A France and the
petitioners submitted their rebuttal briefs on September 19, 2005 and
September 20, 2005, respectively. No hearing was requested.
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 the order is dispositive.
---------------------------------------------------------------------------
\1\ Due to changes to the HTSUS 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 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.
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
[[Page 6271]]
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.
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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\
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\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
The issues raised in all case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum to David M. Spooner, Assistant Secretary for Import
Administration, from Stephen J. Claeys, Deputy Assistant Secretary for
Import Administration (Decision Memorandum), which is hereby adopted by
this notice. A list of the issues addressed in the Decision Memorandum
is appended to this notice. The Decision Memorandum is on file in the
CRU, and can be accessed directly on the Web at https://ia.ita.doc.gov/.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have corrected
certain ministerial errors and made minor adjustments in the
methodology that was used in the Preliminary Results concerning U.S.
warranties, in order to calculate the final dumping margin. The
adjustments are discussed in detail in the Decision Memorandum.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period July 1, 2003, through
June 30, 2004:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
U&A France................................................. 12.31
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to 19 CFR 351.212(b). The Department has calculated a
per-unit assessment rate by aggregating the dumping duties for all U.S.
sales to each importer and dividing this amount by the total quantity
sold to that importer (see Comment 4, the Decision Memorandum). Where
the importer specific rate is above de minimis, we will instruct CBP to
assess duties on all entries of subject merchandise by that importer.
In addition, as explained in the Preliminary Results at 45674-45675, we
have continued to include in the denominator used to calculate the
assessment rate, the merchandise entered for consumption into the
United States, but subsequently first sold outside of the United States
in order to ``facilitate the CBP's collection of antidumping duties on
subject merchandise.'' See, e.g., Stainless Steel Sheet & Strip in
Coils from Mexico: Final Results of Antidumping Administrative Review,
67 FR 6490 (February 12, 2002), at Comment 15.
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 duties
[[Page 6272]]
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping duties occurred, and in
the subsequent assessment of double antidumping duties.
Revocation of the Order
On July 12, 2005, the United States International Trade Commission
(ITC) informed the Department that the revocation of the antidumping
duty orders on stainless steel sheet and strip from France would not
likely lead to continuation of recurrence of material injury to an
industry in the United States within a reasonably foreseeable time.
Accordingly, the Department revoked this antidumping duty order
effective July 27, 2004. Therefore, cash deposits of estimated
antidumping duties are no longer required. We have instructed CBP to
terminate suspension of liquidation and to liquidate all entries of
subject merchandise that were suspended on or after July 27, 2004,
without regard to antidumping duties. See Certain Stainless Steel Sheet
and Strip in Coils from France and the United Kingdom; Final Results of
Sunset Reviews and Revocation of Antidumping Duty Order, 70 FR 44894
(August 4, 2005).
Notification Regarding Administrative Protective Orders
This notice is the only reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the 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 the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: January 30, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I--Issues in Decision Memorandum
Comment 1: Actual Selling Expenses in Lieu of Commissions for
Affiliated Reseller
Comment 2: Cost Averaging Periods for U&A France
Comment 3: Price Adjustment for U.S. Warranty Expenses
Comment 4: Calculation of Duty Assessment
Comment 5: Ministerial Errors
[FR Doc. E6-1606 Filed 2-6-06; 8:45 am]
BILLING CODE 3510-DS-P
