Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Preliminary Results of Antidumping Duty Administrative Review, and Preliminary Intent to Rescind, In part, 27450-27458 [E6-7223]
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likely lead to continuation or recurrence
of subsidization, and notified the ITC of
the margins of dumping and the subsidy
rates likely to prevail were the orders
revoked. See Sulfanilic Acid from India
and the People’s Republic of China;
Notice of Final Results of Expedited
Sunset Reviews of Antidumping Duty
Orders, 70 FR 53164 (September 7,
2005) and Final Results of Expedited
Sunset Review of Countervailing Duty
Order: Sulfanilic Acid from India, 70 FR
53168 (September 7, 2005) (collectively,
‘‘Final Results’’).
On April 27, 2006, the ITC
determined that revocation of the AD
and CVD orders on sulfanilic acid from
the PRC and India would likely lead to
continuation or recurrence of material
injury within a reasonably foreseeable
time. See Sulfanilic Acid from China
and India, 71 FR 24860 (April 27, 2006)
(‘‘ITC Determination’’) and USITC
Publication 3849 (April 2006), entitled
Sulfanilic Acid from China and India
(Inv. Nos. 701–TA–318 and 731–TA–
538 and 561 (Second Review)).
Scope of the Orders
The merchandise covered by the AD
and CVD orders is all grades of
sulfanilic acid, which include technical
(or crude) sulfanilic acid, refined (or
purified) sulfanilic acid and sodium salt
of sulfanilic acid (sodium sulfanilate).
Sulfanilic acid is a synthetic organic
chemical produced from the direct
sulfonation of aniline with sulfuric acid.
Sulfanilic acid is used a a raw material
in the production of optical brighteners,
food colors, specialty dyes, and concrete
additive. The principal differences
between the grades are the undesirable
quantities of residual aniline and alkali
insoluble materials present in the
sulfanilic acid. All grades are available
as dry free flowing powders.
Technical sulfanilic acid contains 96
percent minimum sulfanilic acid, 1.0
percent maximum aniline, and 1.0
percent maximum alkali insoluble
materials. Refined sulfanilic acid
contains 98 percent minimum sulfanilic
acid, 0.5 percent maximum aniline, and
0.25 percent maximum alkali insoluble
materials. Sodium salt of sulfanilic acid
(sodium sulfanilate) is a granular or
crystalline material containing 75
percent minimum sulfanilic acid, 0.5
percent maximum aniline, and 0.25
percent maximum alkali insoluble
materials based on the equivalent
sulfanilic acid content.
In response to a request from 3V
Corporation, on May 5, 1999, the
Department clarified that sodium
sulfanilate processed in Italy from
sulfanilic acid produced in India is
within the scope of the AD and CVD
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Jkt 208001
orders on sulfanilic acid from India. See
Notice of Scope Rulings, 65 FR 41957
(July 7, 2000).
The merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) subheadings 2921.42.22 and
2921.42.24.90. Although the HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
Determination
As a result of the determinations by
the Department and the ITC that
revocation of these AD and CVD orders
would likely lead to continuation or
recurrence of dumping or a
countervailable subsidy, and of material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, the Department hereby orders
the continuation of the AD and CVD
orders on sulfanilic acid from the PRC
and India. U.S. Customs and Border
Protection will continue to collect cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise. The effective date of the
continuation of these orders is the date
of publication in the Federal Register of
this Notice of Continuation.
Pursuant to sections 751(c)(2) and
751(c)(6) of the Act, the Department
intends to initiate the next five–year
review of these orders not later than
April 2011.
These five–year (sunset) reviews and
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: May 4, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–7228 Filed 5–10–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–588–824)
Certain Corrosion–Resistant Carbon
Steel Flat Products From Japan:
Preliminary Results of Antidumping
Duty Administrative Review, and
Preliminary Intent to Rescind, In part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on certain
corrosion–resistant carbon steel flat
AGENCY:
PO 00000
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products (‘‘CORE’’) from Japan. The
period of review (‘‘POR’’) is August 1,
2004, through July 31, 2005. This review
covers imports of CORE from Kawasaki
Steel Corporation (‘‘Kawasaki’’) and
Nippon Steel Corporation (‘‘Nippon
Steel’’). We have preliminarily found
that there were no entries of CORE
produced by Kawasaki. Therefore, we
preliminarily determine to rescind this
review with respect to Kawasaki.
Further, we preliminarily determine
that sales of subject merchandise sold
by Nippon Steel have been made at less
than normal value.
If these preliminary results are
adopted in our final results of this
administrative review, we will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to assess antidumping duties
on entries of Nippon Steel’s
merchandise during the POR, in
accordance with 19 CFR 351.106 and
351.212(b).
We invite interested parties to
comment on these preliminary results.
Parties who submit arguments in this
segment of the proceeding should also
submit with each argument: (1) a
statement of the issue and (2) a brief
summary of the argument. We will issue
the final results not later than 120 days
from the date of publication of this
notice.
EFFECTIVE DATE: May 11, 2006.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett, George McMahon,
or James 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
The Department published an
antidumping duty order on CORE from
Japan on August 19, 1993. See
Antidumping Duty Orders: Certain
Corrosion–Resistant Carbon Steel Flat
Products from Japan, 58 FR 44163 (Aug.
19, 1993). On August 31, 2005, Nucor
Corporation (‘‘Nucor’’), a domestic
producer of the subject merchandise,
requested an administrative review
(‘‘AR’’) of the antidumping order
referenced above with respect to
Kawasaki and Nippon Steel. See Letter
from Nucor Corporation Requesting
Administrative Review. On September
28, 2005, the Department published a
notice of initiation of this antidumping
duty AR. See Initiation of Antidumping
and Countervailing Duty Administrative
Reviews and Request for Revocation in
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Part, 70 FR 56631 (Sept. 28, 2005). On
November 19, 2005, the Department
issued Sections A, B, C and D
questionnaires to JFE Steel and its
affiliate, Kawasho Corporation
(collectively ‘‘JFE Steel’’), and to
Nippon Steel.
Issuing the questionnaire to JFE Steel
was an inadvertent error based on a
slight difference between the request for
initiation in this and the previous
review. In the previous administrative
review, Nucor requested an
administrative review of ‘‘Kawasaki
Steel Corp. (and any alleged successor–
in-interest including JFE Steel Corp.)’’
Based on this request, we initiated for
Kawasaki /JFE and sent JFE a
questionnaire. In the present review,
Nucor requested a review solely for
‘‘Kawasaki Steel Corporation’’ and we
initiated the review solely for
‘‘Kawasaki Steel Corporation.’’ Because
Nucor did not included a review request
for ‘‘(any alleged successor–in-interest
including JFE),’’ we did not initiate for
Kawasaki/JFE, and should not have sent
JFE a questionnaire.
JFE Steel responded to the
Department’s questionnaire on
November 28, 2006, requesting that the
Department withdraw the questionnaire
because no AR had been initiated with
respect to JFE Steel. The Department
agreed and withdrew the questionnaire.
See ‘‘Intent to Rescind, in Part’’ section
of this notice.
In response to the questionnaire it
received, Nippon Steel sent a letter to
the Department stating it would not
participate in the AR. See Letter from
Nippon Steel Corporation, Dec. 9, 2005.
The Department issued a letter Nippon
Steel advising them that
nonparticipation might result in the
application of adverse faces available
(‘‘AFA’’) pursuant to section 776(a) and
(b) of the Tariff Act of 1930, as amended
(‘‘the Act’’). See Letter to Nippon Steel:
Nonparticipation in Administrative
Review (A–588–824), Jan. 17, 2006. See
‘‘Adverse Facts Available’’ section of
this notice.
Intent to Rescind, in Part
In response to the questionnaire, JFE
Steel submitted letters to the
Department arguing that because JFE
Steel was not named in the
Department’s Notice of Initiation, it was
not required to respond to the
November 19, 2005, questionnaire and
requesting that the Department
withdraw its questionnaire. See Letter
from JFE Steel, Nov. 28, 2005; Letter
from JFE Steel, Dec. 9, 2005; and Letter
from JFE Steel, Jan. 26, 2006. Nucor
submitted a letter to the Department
agreeing with JFE Steel that Nucor had
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not requested a review of JFE Steel and
that JFE Steel does not need to respond
to the questionnaire. Nucor also stated
that information recently became
available on the internet that
demonstrates that Kawasaki ceased to be
a producer and exporter of subject
merchandise in 2003, and is no longer
capable of exporting subject
merchandise to the United States. See
Letter from Nucor: Response to
Comments by JFE Steel Corporation at
2–3, Dec. 19, 2005.
As a result of Nucor’s statements, the
Department conducted a data query to
determine whether there were any
shipments of CORE produced by
Kawasaki during the POR. The
Department found that there were no
entries by Kawasaki during the POR.
Further, we found that there were no
entries under the Kawasaki–specific 10–
digit case number. See Memo to the File,
Feb. 10, 2006. Additionally, the
Department withdrew the questionnaire
issued to JFE Steel and Kawasho
Corporation. See Letter to JFE Steel, Feb.
10, 2006. Based on our analysis of the
shipment data, we are treating Kawasaki
as a non–shipper for the purpose of this
review. Therefore, in accordance with
19 CFR 351.213(d)(3), and consistent
with our practice, we preliminarily
determine to rescind this review, in
part. See e.g., Stainless Steel Bar from
India; Preliminary Results of
Antidumping Duty Administrative
Review and New Shipper Review, and
Partial Rescission of Administrative
Review, 65 FR 12209 (March 8, 2000);
Persulfates From the People’s Republic
of China; Preliminary Results of
Antidumping Duty Administrative
Review and Partial Rescission of
Administrative Review, 65 FR 18963
(April 10, 2000).
Scope of Order
The products subject to this order
include flat–rolled carbon steel
products, of rectangular shape, either
clad, plated, or coated with corrosion–
resistant metals such as zinc, aluminum,
or zinc-, aluminum-, nickel- or iron–
based alloys, whether or not corrugated
or painted, varnished or coated with
plastics or other nonmetallic substances
in addition to the metallic coating, in
coils (whether or not in successively
superimposed layers) and of a width of
0.5 inch or greater, or in straight lengths
which, if of a thickness less than 4.75
mm, are of a width of 0.5 inch or greater
and which measures at least 10 times
the thickness, or if of a thickness of 4.75
mm or more, are of a width which
exceeds 150 mm and measures at least
twice the thickness, as currently
classifiable in the HTS under item
PO 00000
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27451
numbers: 7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030,
7210.49.0090, 7210.61.0000,
7210.69.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090,
7210.90.1000, 7210.90.6000,
7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000,
7212.50.0000, 7212.60.0000,
7215.90.1000, 7215.90.3000,
7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560,
7217.90.1000, 7217.90.5030,
7217.90.5060, and 7217.90.5090.
Included in the order are flat–rolled
products of nonrectangular cross-section
where such cross-section is achieved
subsequent to the rolling process (i.e.,
products which have been ‘‘worked
after rolling’’) -- for example, products
which have been beveled or rounded at
the edges.
Excluded from the scope of the order
are flat–rolled steel products either
plated or coated with tin, lead,
chromium, chromium oxides, both tin
and lead (‘‘terne plate’’), or both
chromium and chromium oxides (‘‘tin–
free steel’’), whether or not painted,
varnished or coated with plastics or
other nonmetallic substances in
addition to the metallic coating. Also
excluded from the scope of the order are
clad products in straight lengths of
0.1875 inch or more in composite
thickness and of a width which exceeds
150 mm and measures at least twice the
thickness. Also excluded from the scope
of the order are certain clad stainless
flat–rolled products, which are three–
layered corrosion- resistant carbon steel
flat–rolled products less than 4.75 mm
in composite thickness that consist of a
carbon steel flat–rolled product clad on
both sides with stainless steel in a 20%60%-20% ratio. See Antidumping Duty
Orders: Certain Corrosion–Resistant
Carbon Steel Flat Products From Japan,
58 FR 44163 (Aug. 19, 1993).
Exclusions due to Changed
Circumstances Reviews
The Department has issued the
following rulings to date:
Excluded from the scope of this order
are imports of certain corrosion–
resistant carbon steel flat products
meeting the following specifications:
widths ranging from 10 mm (0.394
inches) through 100 mm (3.94 inches);
thicknesses, including coatings, ranging
from 0.11 mm (0.004 inches) through
0.60 mm (0.024 inches); and a coating
that is from 0.003 mm (0.00012 inches)
through 0.005 mm (0.000196 inches) in
thickness and that is comprised of three
evenly applied layers, the first layer
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consisting of 99% zinc, 0.5% cobalt,
and 0.5% molybdenum, followed by a
layer consisting of chromate, and finally
a layer consisting of silicate. See Certain
Corrosion–Resistant Carbon Steel Flat
Products From Japan: Final Results of
Changed Circumstances Antidumping
Duty Administrative Review, and
Revocation in Part of Antidumping Duty
Order, 62 FR 66848 (Dec. 22, 1997).
Also excluded from the scope of this
order are imports of subject
merchandise meeting all of the
following criteria: (1) Widths ranging
from 10 mm (0.394 inches) through 100
mm (3.94 inches); (2) thicknesses,
including coatings, ranging from 0.11
mm (0.004 inches) through 0.60 mm
(0.024 inches); and (3) a coating that is
from 0.003 mm (0.00012 inches)
through 0.005 mm (0.000196 inches) in
thickness and that is comprised of either
two evenly applied layers, the first layer
consisting of 99% zinc, 0.5% cobalt,
and 0.5% molybdenum, followed by a
layer consisting of chromate, or three
evenly applied layers, the first layer
consisting of 99% zinc, 0.5% cobalt,
and 0.5% molybdenum followed by a
layer consisting of chromate, and finally
a layer consisting of silicate. See Certain
Corrosion–Resistant Carbon Steel Flat
Products From Japan: Final Results of
Changed Circumstances Antidumping
Duty Administrative Review, and
Revocation in Part of Antidumping Duty
Order, 64 FR 14862 (Mar. 29, 1999).
Also excluded from the scope of this
order are: (1) Carbon steel flat products
measuring 1.84 mm in thickness and
43.6 mm or 16.1 mm in width consisting
of carbon steel coil (SAE 1008) clad
with an aluminum alloy that is balance
aluminum, 20% tin, 1% copper, 0.3%
silicon, 0.15% nickel, less than 1%
other materials and meeting the
requirements of SAE standard 783 for
Bearing and Bushing Alloys; and (2)
carbon steel flat products measuring
0.97 mm in thickness and 20 mm in
width consisting of carbon steel coil
(SAE 1008) with a two–layer lining, the
first layer consisting of a copper–lead
alloy powder that is balance copper, 9%
to 11% tin, 9% to 11% lead, less than
1% zinc, less than 1% other materials
and meeting the requirements of SAE
standard 792 for Bearing and Bushing
Alloys, the second layer consisting of
45% to 55% lead, 38% to 50%
polytetrafluorethylene (‘‘PTFE’’), 3% to
5% molybdenum disulfide and less than
2% other materials. See Certain
Corrosion–Resistant Carbon Steel Flat
Products From Japan: Final Results of
Changed Circumstances Antidumping
Duty Review, and Revocation in Part of
Antidumping Duty Order, 64 FR 57032
(Oct. 22, 1999).
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Jkt 208001
Also excluded from the scope of the
order are imports of doctor blades
meeting the following specifications:
carbon steel coil or strip, plated with
nickel phosphorous, having a thickness
of 0.1524 mm (0.006 inches), a width
between 31.75 mm (1.25 inches) and
50.80 mm (2.00 inches), a core hardness
between 580 to 630 HV, a surface
hardness between 900--990 HV; the
carbon steel coil or strip consists of the
following elements identified in
percentage by weight: 0.90% to 1.05%
carbon; 0.15% to 0.35% silicon; 0.30%
to 0.50% manganese; less than or equal
to 0.03% of phosphorous; less than or
equal to 0.006% of sulfur; other
elements representing 0.24%; and the
remainder of iron. See Certain
Corrosion–Resistant Carbon Steel Flat
Products From Japan: Final Results of
Changed Circumstances Review, and
Revocation in Part of Antidumping Duty
Order, 65 FR 53983 (Sept. 6, 2000).
Also excluded from the scope of the
order are imports of carbon steel flat
products meeting the following
specifications: carbon steel flat products
measuring 1.64 mm in thickness and
19.5 mm in width consisting of carbon
steel coil (SAE 1008) with a lining clad
with an aluminum alloy that is balance
aluminum; 10 to 15% tin; 1 to 3% lead;
0.7 to 1.3% copper; 1.8 to 3.5% silicon;
0.1 to 0.7% chromium; less than 1%
other materials and meeting the
requirements of SAE standard 783 for
Bearing and Bushing Alloys. See Certain
Corrosion–Resistant Carbon Steel Flat
Products From Japan: Final Results of
Changed Circumstances Review, and
Revocation in Part of Antidumping Duty
Order, 66 FR 8778 (Feb. 2, 2001).
Also excluded from the scope of the
order are carbon steel flat products
meeting the following specifications: (1)
Carbon steel flat products measuring
0.975 mm in thickness and 8.8 mm in
width consisting of carbon steel coil
(SAE 1012) clad with a two–layer lining,
the first layer consisting of a copper–
lead alloy powder that is balance
copper, 9%-11% tin, 9%-11% lead,
maximum 1% other materials and
meeting the requirements of SAE
standard 792 for Bearing and Bushing
Alloys, the second layer consisting of
13%-17% carbon, 13%-17% aromatic
polyester, with a balance (approx. 66%74%) of PTFE; and (2) carbon steel flat
products measuring 1.02 mm in
thickness and 10.7 mm in width
consisting of carbon steel coil (SAE
1008) with a two–layer lining, the first
layer consisting of a copper–lead alloy
powder that is balance copper, 9%-11%
tin, 9%-11% lead, less than 0.35% iron,
and meeting the requirements of SAE
standard 792 for Bearing and Bushing
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Alloys, the second layer consisting of
45%-55% lead, 3%-5% molybdenum
disulfide, with a balance (approx. 40%52%) of PTFE. See Certain Corrosion–
Resistant Carbon Steel Flat Products
From Japan: Notice of Final Results of
Changed Circumstances Review, and
Revocation in Part of Antidumping Duty
Order, 66 FR 15075 (Mar. 15, 2001).
Also excluded from this order are
carbon steel flat products meeting the
following specifications: (1) carbon steel
coil or strip, measuring 1.93 mm or 2.75
mm (0.076 inches or 0.108 inches) in
thickness, 87.3 mm or 99 mm (3.437
inches or 3.900 inches) in width, with
a low carbon steel back comprised of:
carbon under 8%, manganese under
0.4%, phosphorous under 0.04%, and
sulfur under 0.05%; clad with
aluminum alloy comprised of: 0.7%
copper, 12% tin, 1.7% lead, 0.3%
antimony, 2.5% silicon, 1% maximum
total other (including iron), and
remainder aluminum; and (2) carbon
steel coil or strip, clad with aluminum,
measuring 1.75 mm (0.069 inches) in
thickness, 89 mm or 94 mm (3.500
inches or 3.700 inches) in width, with
a low carbon steel back comprised of:
carbon under 8%, manganese under
0.4%, phosphorous under 0.04%, and
sulfur under 0.05%; clad with
aluminum alloy comprised of: 0.7%
copper, 12% tin, 1.7% lead, 2.5%
silicon, 0.3% antimony, 1% maximum
total other (including iron), and
remainder aluminum. See Certain
Corrosion–Resistant Carbon Steel Flat
Products From Japan: Notice of Final
Results of Changed Circumstances
Review, and Revocation in Part of
Antidumping Duty Order, 66 FR 20967
(Apr. 26, 2001).
Also excluded from this order are
carbon steel flat products meeting the
following specifications: carbon steel
coil or strip, measuring a minimum of
and including 1.10 mm to a maximum
of and including 4.90 mm in overall
thickness, a minimum of and including
76.00 mm to a maximum of and
including 250.00 mm in overall width,
with a low carbon steel back comprised
of: carbon under 0.10%, manganese
under 0.40%, phosphorous under
0.04%, sulfur under 0.05%, and silicon
under 0.05%; clad with aluminum alloy
comprised of: under 2.51% copper,
under 15.10% tin, and remainder
aluminum as listed on the mill
specification sheet. See Certain
Corrosion–Resistant Carbon Steel Flat
Products From Japan: Notice of Final
Results of Changed Circumstances
Review, and Revocation in Part of
Antidumping Duty Order, 67 FR 7356
(Feb. 19, 2002).
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Also excluded from this order are
products meeting the following
specifications: (1) Diffusion–annealed,
non–alloy nickel–plated carbon
products, with a substrate of cold–rolled
battery grade sheet (‘‘CRBG’’) with both
sides of the CRBG initially
electrolytically plated with pure,
unalloyed nickel and subsequently
annealed to create a diffusion between
the nickel and iron substrate, with the
nickel plated coating having a thickness
of 0–5 microns per side with one side
equaling at least 2 microns; and with the
nickel carbon sheet having a thickness
of from 0.004’’ (0.10 mm) to 0.030’’
(0.762 mm) and conforming to the
following chemical specifications (%): C
≤ 0.08; Mn ≤ 0.45; P ≤ 0.02; S ≤ 0.02;
Al ≤ 0.15; and Si ≤ 0.10; and the
following physical specifications:
Tensile = 65 KSI maximum; Yield = 32
- 55 KSI; Elongation = 18% minimum
(aim 34%); Hardness = 85 - 150 Vickers;
Grain Type = Equiaxed or Pancake;
Grain Size (ASTM) = 7–12; Delta r value
= aim less than 0.2; Lankford value
≥1.2.; and (2) next generation diffusion–
annealed nickel plate meeting the
following specifications: (a) Nickel–
graphite plated, diffusion–annealed,
tin–nickel plated carbon products, with
a natural composition mixture of nickel
and graphite electrolytically plated to
the top side of diffusion–annealed tin–
nickel plated carbon steel strip with a
cold rolled or tin mill black plate base
metal conforming to chemical
requirements based on AISI 1006;
having both sides of the cold rolled
substrate electrolytically plated with
natural nickel, with the top side of the
nickel plated strip electrolytically
plated with tin and then annealed to
create a diffusion between the nickel
and tin layers in which a nickel–tin
alloy is created, and an additional layer
of mixture of natural nickel and graphite
then electrolytically plated on the top
side of the strip of the nickel–tin alloy;
having a coating thickness: top side:
nickel–graphite, tin–nickel layer ≥ 1.0
micrometers; tin layer only ≥ 0.05
micrometers, nickel–graphite layer only
> 0.2 micrometers, and bottom side:
nickel layer ≥ 1.0 micrometers; (b)
nickel–graphite, diffusion–annealed,
nickel plated carbon products, having a
natural composition mixture of nickel
and graphite electrolytically plated to
the top side of diffusion–annealed
nickel plated steel strip with a cold
rolled or tin mill black plate base metal
conforming to chemical requirements
based on AISI 1006; with both sides of
the cold rolled base metal initially
electrolytically plated with natural
nickel, and the material then annealed
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Jkt 208001
to create a diffusion between the nickel
and the iron substrate; with an
additional layer of natural nickel–
graphite then electrolytically plated on
the top side of the strip of the nickel
plated steel strip; with the nickel–
graphite, nickel plated material
sufficiently ductile and adherent to the
substrate to permit forming without
cracking, flaking, peeling, or any other
evidence of separation; having a coating
thickness: top side: nickel–graphite, tin–
nickel layer ≥ 1.0 micrometers; nickel–
graphite layer ≥ 0.5 micrometers; bottom
side: nickel layer ≥ 1.0 micrometers; (c)
diffusion–annealed nickel–graphite
plated products, which are cold–rolled
or tin mill black plate base metal
conforming to the chemical
requirements based on AISI 1006;
having the bottom side of the base metal
first electrolytically plated with natural
nickel, and the top side of the strip then
plated with a nickel–graphite
composition; with the strip then
annealed to create a diffusion of the
nickel–graphite and the iron substrate
on the bottom side; with the nickel–
graphite and nickel plated material
sufficiently ductile and adherent to the
substrate to permit forming without
cracking, flaking, peeling, or any other
evidence of separation; having coating
thickness: top side: nickel–graphite
layer ≥ 1.0 micrometers; bottom side:
nickel layer ≥ 1.0 micrometers; (d)
nickel–phosphorous plated diffusion–
annealed nickel plated carbon product,
having a natural composition mixture of
nickel and phosphorus electrolytically
plated to the top side of a diffusion–
annealed nickel plated steel strip with
a cold rolled or tin mill black plate base
metal conforming to the chemical
requirements based on AISI 1006; with
both sides of the base metal initially
electrolytically plated with natural
nickel, and the material then annealed
to create a diffusion of the nickel and
iron substrate; another layer of the
natural nickel–phosphorous then
electrolytically plated on the top side of
the nickel plated steel strip; with the
nickel–phosphorous, nickel plated
material sufficiently ductile and
adherent to the substrate to permit
forming without cracking, flaking,
peeling or any other evidence of
separation; having a coating thickness:
top side: nickel–phosphorous, nickel
layer ≥ 1.0 micrometers; nickel–
phosphorous layer ≥ 0.1 micrometers;
bottom side: nickel layer ≥ 1.0
micrometers; (e) diffusion–annealed,
tin–nickel plated products,
electrolytically plated with natural
nickel to the top side of a diffusion–
annealed tin–nickel plated cold rolled
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or tin mill black plate base metal
conforming to the chemical
requirements based on AISI 1006; with
both sides of the cold rolled strip
initially electrolytically plated with
natural nickel, with the top side of the
nickel plated strip electrolytically
plated with tin and then annealed to
create a diffusion between the nickel
and tin layers in which a nickel–tin
alloy is created, and an additional layer
of natural nickel then electrolytically
plated on the top side of the strip of the
nickel–tin alloy; sufficiently ductile and
adherent to the substrate to permit
forming without cracking, flaking,
peeling or any other evidence of
separation; having coating thickness:
top side: nickel–tin-nickel combination
layer ≥ 1.0 micrometers; tin layer only
≥ 0.05 micrometers; bottom side: nickel
layer ≥ 1.0 micrometers; and (f) tin mill
products for battery containers, tin and
nickel plated on a cold rolled or tin mill
black plate base metal conforming to
chemical requirements based on AISI
1006; having both sides of the cold
rolled substrate electrolytically plated
with natural nickel; then annealed to
create a diffusion of the nickel and iron
substrate; then an additional layer of
natural tin electrolytically plated on the
top side; and again annealed to create a
diffusion of the tin and nickel alloys;
with the tin–nickel, nickel plated
material sufficiently ductile and
adherent to the substrate to permit
forming without cracking, flaking,
peeling or any other evidence of
separation; having a coating thickness:
top side: nickel–tin layer ≥1 micrometer;
tin layer alone ≥0.05 micrometers;
bottom side: nickel layer ≥1.0
micrometer. See Certain Corrosion–
Resistant Carbon Steel Flat Products
From Japan: Notice of Final Results of
Changed Circumstances Review, and
Revocation in Part of Antidumping Duty
Order, 67 FR 47768 (Jul. 22, 2002).
Also excluded from this order are
products meeting the following
specifications: (1) Widths ranging from
10 mm (0.394 inches) through 100 mm
(3.94 inches); (2) thicknesses, including
coatings, ranging from 0.11 mm (0.004
inches) through 0.60 mm (0.024 inches);
and (3) a coating that is from 0.003 mm
(0.00012 inches) through 0.005 mm
(0.000196 inches) in thickness and that
is comprised of either two evenly
applied layers, the first layer consisting
of 99% zinc, 0.5% cobalt, and 0.5%
molybdenum, followed by a layer
consisting of phosphate, or three evenly
applied layers, the first layer consisting
of 99% zinc, 0.5% cobalt, and 0.5%
molybdenum followed by a layer
consisting of phosphate, and finally a
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layer consisting of silicate. See Certain
Corrosion–Resistant Carbon Steel Flat
Products From Japan: Notice of Final
Results of Changed Circumstances
Review, and Revocation in Part of
Antidumping Duty Order, 67 FR 57208
(Sept. 9, 2002).
Also excluded from this order are
products meeting the following
specifications: (1) Flat–rolled products
(provided for in HTSUS subheading
7210.49.00), other than of high–strength
steel, known as ‘‘ASE Iron Flash’’ and
either: (A) having a base layer of zinc–
based zinc–iron alloy applied by hot–
dipping and a surface layer of iron–zinc
alloy applied by electrolytic process, the
weight of the coating and plating not
over 40% by weight of zinc; or (B) two–
layer-coated corrosion–resistant steel
with a coating composed of (a) a base
coating layer of zinc–based zinc–iron
alloy by hot–dip galvanizing process,
and (b) a surface coating layer of iron–
zinc alloy by electro–galvanizing
process, having an effective amount of
zinc up to 40% by weight, and (2)
corrosion resistant continuously
annealed flat–rolled products,
continuous cast, the foregoing with
chemical composition (percent by
weight): carbon not over 0.06% by
weight, manganese 0.20 or more but not
over 0.40, phosphorus not over 0.02,
sulfur not over 0.023, silicon not over
0.03, aluminum 0.03 or more but not
over 0.08, arsenic not over 0.02, copper
not over 0.08 and nitrogen 0.003 or
more but not over 0.008; and meeting
the characteristics described below: (A)
Products with one side coated with a
nickel–iron-diffused layer which is less
than 1 micrometer in thickness and the
other side coated with a two–layer
coating composed of a base nickel–irondiffused coating layer and a surface
coating layer of annealed and softened
pure nickel, with total coating thickness
for both layers of more than 2
micrometers; surface roughness (RA–
microns) 0.18 or less; with scanning
electron microscope (SEM) not revealing
oxides greater than 1 micron; and
inclusion groups or clusters shall not
exceed 5 microns in length; (B) products
having one side coated with a nickel–
iron-diffused layer which is less than 1
micrometer in thickness and the other
side coated with a four–layer coating
composed of a base nickel–iron-diffused
coating layer; with an inner middle
coating layer of annealed and softened
pure nickel, an outer middle surface
coating layer of hard nickel and a
topmost nickel–phosphorus-plated
layer; with combined coating thickness
for the four layers of more than 2
micrometers; surface roughness (RA–
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microns) 0.18 or less; with SEM not
revealing oxides greater than 1 micron;
and inclusion groups or clusters shall
not exceed 5 microns in length; (C)
products having one side coated with a
nickel–iron-diffused layer which is less
than 1 micrometer in thickness and the
other side coated with a three–layer
coating composed of a base nickel–irondiffused coating layer, with a middle
coating layer of annealed and softened
pure nickel and a surface coating layer
of hard, luster–agent-added nickel
which is not heat–treated; with
combined coating thickness for all three
layers of more than 2 micrometers;
surface roughness (RA–microns) 0.18 or
less; with SEM not revealing oxides
greater than 1 micron; and inclusion
groups or clusters shall not exceed 5
microns in length; or (D) products
having one side coated with a nickel–
iron-diffused layer which is less than 1
micrometer in thickness and the other
side coated with a three–layer coating
composed of a base nickel–iron-diffused
coating layer, with a middle coating
layer of annealed and softened pure
nickel and a surface coating layer of
hard, pure nickel which is not heat–
treated; with combined coating
thickness for all three layers of more
than 2 micrometers; surface roughness
(RA–microns) 0.18 or less; SEM not
revealing oxides greater than 1 micron;
and inclusion groups or clusters shall
not exceed 5 microns in length. See
Certain Corrosion–Resistant Carbon
Steel Flat Products From Japan: Notice
of Final Results of Changed
Circumstances Review, and Revocation
in Part of Antidumping Duty Order, 68
FR 19970 (Apr. 23, 2003).
Also excluded from the scope of this
order is merchandise meeting the
following specifications: (1) Base metal:
Aluminum Killed, Continuous Cast,
Carbon Steel SAE 1008, (2) Chemical
Composition: Carbon 0.08% max.
Silicon, 0.03% max., Manganese 0.40%
max., Phosphorus, 0.020% max., Sulfur
0.020% max., (3) Nominal thickness of
0.054 mm, (4) Thickness tolerance
minimum 0.0513 mm, maximum 0.0567
mm, (5) Width of 600 mm or greater,
and (7) Nickel plate min. 2.45 microns
per side. See Notice of Final Results of
Antidumping Duty Changed
Circumstances Review and Revocation,
In Part: Certain Corrosion–Resistant
Carbon Steel Flat Products From Japan,
70 FR 2608 (Jan. 14, 2005).
Also excluded from the scope of this
order are the following 24 separate
corrosion–resistant carbon steel coil
products meeting the following
specifications:
Product 1 Products described in
industry usage as of carbon steel,
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measuring 1.625 mm to 1.655 mm in
thickness and 19.3 mm to 19.7 mm in
width, consisting of carbon steel coil
(SAE 1010) with a lining clad with an
aluminum alloy containing by weight
10% or more but not more than 15% of
tin, 1% or more but not more than 3%
of lead, 0.7% or more but not more than
1.3% of copper, 1.8% or more but not
more than 3.5% of silicon, 0.1% or more
but not more than 0.7% of chromium
and less than or equal to 1% of other
materials, and meeting the requirements
of SAE standard 788 for Bearing and
Bushing Alloys.
Product 2 Products described in
industry usage as of carbon steel,
measuring 0.955 mm to 0.985 mm in
thickness and 8.6 mm to 9.0 mm in
width, consisting of carbon steel coil
(SAE 1012) clad with a two–layer lining,
the first layer consisting of a copper–
lead alloy powder that contains by
weight 9% or more but not more than
11% of tin, 9% or more but not more
than 11% of lead, less than 0.05%
phosphorus, less than 0.35% iron and
less than or equal to 1% other materials,
and meeting the requirements of SAE
standard 797 for Bearing and Bushing
Alloys, with the second layer containing
by weight 13% or more but not more
than 17% of carbon, 13% or more but
not more than 17% of aromatic
polyester, and the remainder (approx.
66–74%) of PTFE.
Product 3 Products described in
industry usage as of carbon steel,
measuring 1.01 mm to 1.03 mm in
thickness and 10.5 mm to 10.9 mm in
width, consisting of carbon steel coil
(SAE 1010) with a two–layer lining, the
first layer consisting of a copper–lead
alloy powder that contains by weight
9% or more but not more than 11% of
tin, 9% or more but not more than 11%
of lead, less than 1% zinc and less than
or equal to 1% other materials, and
meeting the requirements of SAE
standard 797 for Bearing and Bushing
Alloys, with the second layer containing
by weight 45% or more but not more
than 55% of lead, 3% or more but not
more than 5% of molybdenum
disulfide, and the remainder made up of
PTFE (approximately 38% to 52%) and
less than 2% in the aggregate of other
materials.
Product 4 Products described in
industry usage as of carbon steel,
measuring 1.8 mm to 1.88 mm in
thickness and 43.4 mm to 43.8 mm or
16.1 mm to 1.65 mm in width,
consisting of carbon steel coil (SAE
1010) clad with an aluminum alloy that
contains by weight 19% to 20% tin, 1%
to 1.2% copper, less than 0.3% silicon,
0.15% nickel and less than 1% in the
aggregate other materials and meeting
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the requirements of SAE standard 783
for Bearing and Bushing Alloys.
Product 5 Products described in
industry usage as of carbon steel,
measuring 0.95 mm to 0.98 mm in
thickness and 19.95 mm to 20 mm in
width, consisting of carbon steel coil
(SAE 1010) with a two–layer lining, the
first layer consisting of a copper–lead
alloy powder that contains by weight
9% or more but not more than 11% of
tin, 9% or more but not more than 11%
of lead, less than 1% of zinc and less
than or equal to 1% in the aggregate of
other materials and meeting the
requirements of SAE standard 797 for
Bearing and Bushing Alloys, with the
second layer consisting by weight of
45% or more but not more than 55% of
lead, 3% or more but not more than 5%
of molybdenum disulfide and with the
remainder made up of PTFE
(approximately 38% to 52%) and up to
2% in the aggregate of other materials.
Product 6 Products described in
industry usage as of carbon steel,
measuring 0.96 mm to 0.98 mm in
thickness and 18.75 mm to 18.95 mm in
width; base of SAE 1010 steel with a
two–layer lining, the first layer
consisting of copper–base alloy powder
with chemical composition (percent by
weight): tin 9 to 11, lead 9 to 11,
phosphorus less than 0.05, ferrous
group less than 0.35, and other materials
less than 1%; meeting the requirements
of SAE standard 797 for bearing and
bushing alloys; the second layer
consisting of lead 33 to 37%, aromatic
polyester 28 to 32%, and other materials
less than 2% with a balance of PTFE.
Product 7 Products described in
industry usage as of carbon steel,
measuring 1.21 mm to 1.25 mm in
thickness and 19.4 mm to 19.6 mm in
width; base of SAE 1012 steel with
lining of copper base alloy with
chemical composition (percent by
weight): tin 9 to 11, lead 9 to 11,
phosphorus less than 0.05, ferrous
group less than 0.35 and other materials
less than 1%; meeting the requirements
of SAE standard 797 for bearing and
bushing alloys.
Product 8 Products described in
industry usage as of carbon steel,
measuring 0.96 mm to 0.98 mm in
thickness and 21.5 mm to 21.7 mm in
width; base of SAE 1010 steel with a
two–layer lining, the first layer
consisting of copper–base alloy powder
with chemical composition (percent by
weight): tin 9 to 11, lead 9 to 11,
phosphorus less than 0.05%, ferrous
group less than 0.35 and other materials
less than 1; meeting the requirements of
SAE standard 797 for bearing and
bushing alloys; the second layer
consisting of (percent by weight) lead 33
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Jkt 208001
to 37, aromatic polyester 28 to 32 and
other materials less than 2 with a
balance of PTFE.
Product 9 Products described in
industry usage as of carbon steel,
measuring 0.96 mm to 0.99 mm in
thickness and 7.65 mm to 7.85 mm in
width; base of SAE 1012 steel with a
two–layer lining, the first layer
consisting of copper–based alloy
powder with chemical composition
(percent by weight): tin 9 to 11, lead 9
to 11, phosphorus less than 0.05, ferrous
group less than 0.35 and other materials
less than 1; meeting the requirements of
SAE standard 797 for bearing and
bushing alloys; the second layer
consisting of (percent by weight) carbon
13 to 17 and aromatic polyester 13 to 17,
with a balance of PTFE.
Product 10 Products described in
industry usage as of carbon steel,
measuring 0.955 mm to 0.985 mm in
thickness and 13.6 mm to 14 mm in
width; base of SAE 1012 steel with a
two–layer lining, the first layer
consisting of copper–based alloy
powder with chemical composition
(percent by weight): tin 9 to 11, lead 9
to 11, phosphorus less than 0.05, ferrous
group less than 0.35 and other materials
less than 1; meeting the requirements of
SAE standard 797 for bearing and
bushing alloys; the second layer
consisting of (percent by weight) carbon
13 to 17, aromatic polyester 13 to 17,
with a balance (approximately 66 to 74)
of PTFE.
Product 11 Products described in
industry usage as of carbon steel,
measuring 1.2 mm to 1.24 mm in
thickness; 20 mm to 20.4 mm in width;
consisting of carbon steel coils (SAE
1012) with a lining of sintered
phosphorus bronze alloy with chemical
composition (percent by weight): tin 5.5
to 7; phosphorus 0.03 to 0.35; lead less
than 1 and other non–copper materials
less than 1.
Product 12 Products described in
industry usage as of carbon steel,
measuring 1.8 mm to 1.88 mm in
thickness and 43.3 mm to 43.7 mm in
width; base of SAE 1010 steel with a
lining of aluminum based alloy with
chemical composition (percent by
weight: tin 10 to 15, lead 1 to 3, copper
0.7 to 1.3, silicon 1.8 to 3.5, chromium
0.1 to 0.7 and other materials less than
1; meeting the requirements of SAE
standard 788 for bearing and bushing
alloys.
Product 13 Products described in
industry usage as of carbon steel,
measuring 1.8 mm to 1.88 mm in
thickness and 24.2 mm to 24.6 mm in
width; base of SAE 1010 steel with a
lining of aluminum alloy with chemical
composition (percent by weight): tin 10
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to 15, lead 1 to 3, copper 0.7 to 1.3,
silicon 1.8 to 3.5, chromium 0.1 to 0.7
and other materials less than 1; meeting
the requirements of SAE standard 788
for bearing and bushing alloys.
Product 14 Flat–rolled coated SAE 1009
steel in coils, with thickness not less
than 0.915 mm but not over 0.965 mm,
width not less than 19.75 mm or more
but not over 20.35 mm; with a two–layer
coating; the first layer consisting of tin
9 to 11%, lead 9 to 11%, zinc less than
1%, other materials (other than copper)
not over 1% and balance copper; the
second layer consisting of lead 45 to
55%, molybdenum disulfide (MoS2) 3
to 5%, other materials not over 2%,
balance PTFE.
Product 15 Flat–rolled coated SAE 1009
steel in coils with thickness not less
than 0.915 mm or more but not over
0.965 mm; width not less than 18.65
mm or more but not over19.25 mm; with
a two–layer coating; the first layer
consisting of tin 9 to 11%, lead 9 to
11%, zinc less than 1%, other materials
(other than copper) not over 1%,
balance copper; the second layer
consisting of lead 33 to 37%, aromatic
polyester 13 to 17%, other materials
other than PTFE less than 2%, balance
PTFE.
Product 16 Flat–rolled coated SAE 1009
steel in coils with thickness not less
than 0.920 mm or more but not over
0.970 mm; width not less than 21.35
mm or more but not over 21.95 mm;
with a two–layer coating; the first layer
consisting of tin 9 to 11%, lead 9 to
11%, zinc less than 1%, other materials
(other than copper) not over 1%,
balance copper; the second layer
consisting of lead 33 to 37%, aromatic
polyester 13 to 17%, other materials
(other than PTFE) less than 2%, balance
PTFE.
Product 17 Flat–rolled coated SAE 1009
steel in coils with thickness not less
than 1.80 mm or more but not over 1.85
mm, width not less than 14.7 mm or
more but not over 15.3 mm; with a
lining consisting of tin 2.5 to 4.5%, lead
21.0 to 25.0%, zinc less than 3%, iron
less than 0.35%, other materials (other
than copper) less than 1%, balance
copper.
Product 18 Flat–rolled coated SAE 1009
steel in coils with thickness 1.59 mm or
more but not over 1.64 mm; width 14.5
mm or more but not over 15.1 mm; with
a lining consisting of tin 2.3 to 4.2%,
lead 20 to 25%, iron 1.5 to 4.5%,
phosphorus 0.2 to 2.0%, other materials
(other than copper) less than 1%,
balance copper.
Product 19 Flat–rolled coated SAE 1009
steel in coils with thickness not less
than 1.75 mm or more but not over 1.8
mm; width not less than 18.0 mm or
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more but not over 18.6 mm; with a
lining consisting of tin 2.3 to 4.2%, lead
20 to 25%, iron 1.5 to 4.5%, phosphorus
0.2 to 2.0%, other materials (other than
copper) less than 1%, balance copper.
Product 20 Flat–rolled coated SAE 1009
steel in coils with thickness 1.59 mm or
more but not over 1.64 mm; width 13.6
mm or more but not over 14.2 mm; with
a lining consisting of tin 2.3 to 4.2%,
lead 20 to 25%, iron 1.5 to 4.5%,
phosphorus 0.2 to 2.0%, other materials
(other than copper) less than 1%, with
a balance copper.
Product 21 Flat–rolled coated SAE 1009
steel in coils with thickness 1.59 mm or
more but not over 1.64 mm; width 11.5
mm or more but not over 12.1 mm; with
a lining consisting of tin 2.3 to 4.2%,
lead 20 to 25%, iron 1.5 to 4.5%,
phosphorus 0.2 to 2.0%, other materials
(other than copper) less than 1%,
balance copper.
Product 22 Flat–rolled coated SAE 1009
steel in coils with thickness 1.59 mm or
more but not over 1.64 mm; width 11.2
mm or more but not over 11.8 mm, with
a lining consisting of copper 0.7 to
1.3%, tin 17.5 to 22.5%, silicon less
than 0.3%, nickel less than 0.15%, other
materials less than 1%, balance
aluminum.
Product 23 Flat–rolled coated SAE 1009
steel in coils with thickness 1.59 mm or
more but not over 1.64 mm; width 7.2
mm or more but not over 7.8 mm; with
a lining consisting of copper 0.7 to
1.3%, tin 17.5 to 22.5%, silicon less
than 0.3%, nickel less than 0.15%, other
materials (other than copper) less than
1%, balance copper.
Product 24 Flat–rolled coated SAE 1009
steel in coils with thickness 1.72 mm or
more but not over 1.77 mm; width 7.7
mm or more but not over 8.3 mm; with
a lining consisting of copper 0.7 to
1.3%, tin 17.5 to 22.5%, silicon less
than 0.3%, nickel less than 0.15%, other
materials (other than copper) less than
1%, balance copper. See Notice of Final
Results of Antidumping Duty Changed
Circumstances Review and Revocation,
in Part: Certain Corrosion–Resistant
Carbon Steel Flat Products From Japan,
70 FR 5137 (Feb. 1, 2005).
Adverse Facts Available
On December 9, 2005, Nippon Steel
responded to the Department’s
questionnaire with a letter stating they
would not participate in the AR. On
January 17, 2006, the Department issued
a letter to Nippon Steel stating that
nonparticipation could result in the
application of AFA pursuant to section
776(a) and (b) of the Act. See Letter to
Nippon Steel: Nonparticipation in
Administrative Review (A–588–824),
Jan. 17, 2006. Since its December 9,
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16:29 May 10, 2006
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2005, letter, Nippon steel has not
responded further to the questionnaire
nor otherwise participated in this
review.
Section 776(a)(2) of the Act provides
that the Department shall use facts
available (‘‘FA’’) when a party
withholds information that has been
requested by the Department; does not
provide the Department with
information by the established deadline
or in the form and manner requested by
the Department; significantly impedes a
proceeding; or provides such
information but the information cannot
be verified. Because of Nippon Steel’s
refusal to participate in this AR, the
Department must make its
determination based upon FA.
In addition, section 776(b) of the Act
provides that adverse inferences may be
used in selecting from among facts
otherwise available when a party has
failed to cooperate by not acting to the
best of its ability to comply with
requests for information. See Statement
of Administrative Action Accompanying
the Uruguay Round Agreements Act,
H.R. Rep. No. 103–316, at 870, (1994)
(‘‘SAA’’), reprinted in 1994 U.S.C.C.A.N.
4040, 4198–4199; Nippon Steel Corp. v.
United States, 337 F.3d. 1373, 1380–
1383 (Fed. Cir. 2003). Nippon Steel’s
refusal to participate demonstrates that
Nippon Steel has failed to act to the best
of its ability, as described in section
776(b) of the Act. Thus, we have
determined to apply an adverse
inference in the selection of FA.
When applying an adverse inference,
section 776(b) of the Act authorizes the
Department to use, as AFA, information
derived from the petition, a final
investigation determination, a previous
administrative review, or any other
information placed on the record (so–
called ‘‘secondary information’’). No
preference among the four alternatives
is suggested by section 776(b) of the Act;
the only requirement is that secondary
information relied upon must be
corroborated ‘‘to the extent practicable’’
with information that is ‘‘reasonably’’ at
the Department’s disposal. In reviews, it
is the Department’s practice to select, as
AFA, the highest rate determined for
any respondent in any segment of the
proceeding. See, e.g., Notice of Final
Results of Antidumping Duty
Administrative Review and Final Partial
Rescission: Certain Cut–to-Length
Carbon Steel Plate from Romania, 71 FR
7008, 7010–11 (Feb. 10, 2006), and
accompanying Issues and Decision
Memorandum, Issue 1; Freshwater
Crawfish Tail Meat from the People’s
Republic of China; Notice of Final
Results of Antidumping Duty
Administrative Review, 68 FR 19504,
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19506 (Apr. 21, 2003) (citing Freshwater
Crawfish Tail Meat from the People’s
Republic of China; Notice of Final
Results of Antidumping Duty
Administrative Review, and Final
Partial Rescission of Antidumping Duty
Administrative Review, 67 FR 19546
(Apr. 22, 2002)). The U.S. Court of
International Trade (‘‘CIT’’) and the U.S.
Court of Appeals for the Federal Circuit
(‘‘Federal Circuit’’) have consistently
upheld this practice. See Ta Chen
Stainless Steel Pipe, Inc. v. United
States, 298 F.3d 1330,1339 (Fed. Cir.
2002) (citing Rhone Poulenc, Inc. v.
United States, 899 F.2d 1185, 1190 (Fed.
Cir. 1990)); NSK Ltd. v. United States,
346 F. Supp. 2d 1312, 1335 (CIT 2004)
(upholding a 73.55 percent total AFA
rate, the highest available dumping
margin from a different respondent in a
less–than-fair–value (‘‘LTFV’’)
investigation); Kompass Food Trading
Int’l v. United States, 24 CIT 678, 682–
84 (2000) (upholding a 51.16 percent
total AFA rate, the highest available
dumping margin from a different, fully
cooperative respondent); Shanghai
Taoen International Trading Co., Ltd. v.
United States, 360 F. Supp. 2d. 1339,
1347–48 (CIT 2005) (upholding a
223.01percent total AFA rate, the
highest available dumping margin from
a different respondent in a previous
administrative review).
The Department’s practice, when
selecting an AFA rate from among the
possible sources of information, has
been to ensure that the margin is
sufficiently adverse ‘‘as to effectuate the
statutory purposes of the adverse facts
available rule to induce respondents to
provide the Department with complete
and accurate information in a timely
manner.’’ See, e.g., Carbon and Certain
Alloy Steel Wire Rod from Brazil: Notice
of Final Determination of Sales at Less
Than Fair Value and Final Negative
Critical Circumstances, 67 FR 55792
(Aug. 30, 2002); Static Random Access
Memory Semiconductors from Taiwan:
Final Determination of Sales at Less
than Fair Value, 63 FR 8909 (Feb. 23,
1998). Additionally, the Department’s
practice has been to assign the highest
margin determined for any party in the
LTFV investigation or in any
administrative review of a specific order
to respondents who have failed to
cooperate with the Department. See,
e.g., Sigma Corp. v. United States, 117
F.3d 1401, 1411 (Fed. Cir. 1997).
In order to ensure that the margin is
sufficiently adverse so as to induce
Nippon Steel’s cooperation, the
Department is assigning an AFA rate of
36.41 percent ad valorem, the highest
rate determined in this proceeding, and
the margin calculated for Nippon in the
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original LTFV investigation using
information provided by Nippon. See
Antidumping Duty Orders: Certain
Corrosion–Resistant Carbon Steel Flat
Products From Japan, 58 FR 44163
(Aug. 19, 1993) (‘‘AD Orders from
Japan’’).
Section 776(c) of the Act provides that
the Department shall, to the extent
practicable, corroborate ‘‘secondary
information’’ used for FA by reviewing
independent sources reasonably at its
disposal. Secondary information is
information derived from the petition
that gave rise to the investigation or
review, the final determination
concerning the subject merchandise, or
any previous review under section
751of the Act, concerning the subject
merchandise. See SAA at 870. Thus,
information from a prior segment of the
proceeding, such as that used here,
constitutes secondary information. See,
e.g., Anhydrous Sodium Metasilicate
from France: Preliminary Results of
Antidumping Duty Administrative
Review, 68 FR 44283 (July 28, 2003)
(‘‘Anhydrous Sodium’’) (unchanged in
final).
The SAA provides that to
‘‘corroborate’’ means that the
Department will satisfy itself that the
secondary information to be used has
probative value. See SAA at 870. To the
extent practicable, the Department will
examine the reliability and relevance of
the information to be used. Unlike other
types of information, such as input costs
or selling expenses, there are no
independent sources from which the
Department can derive calculated
dumping margins. The only source for
dumping margins is administrative
determinations. In an administrative
review, if the Department chooses as
AFA a calculated dumping margin from
a prior segment of the proceeding, it is
not necessary to question the reliability
of the margin for that period. See,
Anhydrous Sodium, 68 FR at 44284. In
this case, the Department is using a
calculated dumping margin from a prior
segment of the proceeding, namely the
investigation. Because this margin is
being applied to the company for which
it was originally calculated, the
Department finds that using this rate is
appropriate.
In making a determination as to the
relevance aspect of corroboration, the
Department will consider information
reasonably at its disposal regarding
whether circumstances exist that would
render the chosen margin irrelevant. To
do so, the Department conducted
research in an attempt to find data to
corroborate the secondary information.
We were unable to find any useful
information. See Memorandum to the
VerDate Aug<31>2005
16:29 May 10, 2006
Jkt 208001
File from Christopher Hargett through
James Terpstra, ‘‘Research for
Corroboration for Preliminary Results of
the Administrative Review for Corrosion
Resistant Steel Flat Products from
Japan’’ (May 3, 2006).
Further, there is no evidence
indicating that the margin used as AFA
in this review is not appropriate. See
Fresh Cut Flowers from Mexico: Final
Results of Antidumping Duty
Administrative Review, 61 FR 6812
(Feb. 22, 1996) (discarding the highest
margin because it was based on another
company’s uncharacteristic business
expenses); D&L Supply Co. v. United
States, 113 F.3d 1220, 1224 (Fed. Cir.
1997) (the Department will not use a
margin that has been judicially
invalidated). Absent any other
information, we find the calculated rate
from the investigation to be appropriate
in this case. Therefore, the requirements
of section 776(c) of the Act are satisfied,
and we determine that the 36.41 percent
margin calculated in the LTFV
investigation is appropriate as AFA and
are assigning it to Nippon Steel.
The preliminary dumping margin is as
follows:
27457
than 120 days after the date of
publication of these preliminary results.
Duty Assessment
Upon publication of the final results
of this review, the Department will
instruct CBP to assess antidumping
duties on all appropriate entries.
Because we are applying AFA to all
exports of subject merchandise
produced or exported by Nippon Steel,
we will instruct CBP to assess the final
percentage margin against the entered
customs values on all applicable entries
during the period of review. The
Department will issue appropriate
assessment instructions directly to CBP
within 15 days of publication of the
final results of this review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003 (68 FR 23954). This
clarification will apply to entries of
subject merchandise during the POR
produced by companies included in
these preliminary results of review for
which the reviewed companies did not
know their merchandise was destined
for the United States, as well as any
companies for which we are rescinding
the review based on claims of no
Producer/manufacturer/
Dumping Margin
shipments. In such instances, we will
exporter
(percent)
instruct CBP to liquidate unreviewed
Nippon Steel .................
36.41 entries at the All–Others rate if there is
no rate for the intermediate
Public Comment
company(ies) involved in the
transaction. For a full discussion of this
Pursuant to 19 CFR 351.309,
clarification, see Antidumping and
interested parties may submit written
Countervailing Duty Proceedings:
comments in response to these
Assessment of Antidumping Duties, 68
preliminary results. Case briefs must be
FR 23954 (May 6, 2003).
submitted within 30 days after the date
of publication of this notice, and
Cash Deposit Requirements
rebuttal briefs, limited to arguments
The following cash deposit
raised in case briefs, must be submitted
requirements will be effective for all
no later than five days after the time
shipments of the subject merchandise
limit for filing case briefs. Parties who
from Japan entered, or withdrawn from
submit argument in this proceeding are
warehouse, for consumption on or after
requested to submit with the argument:
(1) a statement of the issue, and (2) a
the date of publication of the final
brief summary of the argument. Case
results of this administrative review, as
and rebuttal briefs must be served on
provided by section 751(a)(1) of the Act:
interested parties in accordance with 19 (1) The cash deposit rate for the
CFR 351.303(f). Also, pursuant to 19
reviewed company will be the rate
CFR 351.310, within 30 days of the date established in the final results of this
of publication of this notice, interested
review; (2) for previously reviewed or
parties may request a public hearing on
investigated companies not listed above,
arguments to be raised in the case and
the cash deposit rate will continue to be
rebuttal briefs. Unless the Secretary
the company–specific rate published for
specifies otherwise, the hearing, if
the most recent period; (3) if the
requested, will be held two days after
exporter is not a firm covered in this
the date for submission of rebuttal
review, a prior review, or the original
briefs, that is, thirty–seven days after the LTFV investigation, but the
date of publication of these preliminary manufacturer is, the cash deposit rate
results. The Department will publish the will be the rate established for the most
final results of this administrative
recent period for the manufacturer of
review, including the results of its
the merchandise; and (4) the cash
analysis of issues raised in any case or
deposit rate for all other manufacturers
rebuttal brief or at a hearing not later
or exporters will be 36.41 percent, the
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Sfmt 4703
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Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices
‘‘All–Others’’ rate established in the
LTFV investigation.
EFFECTIVE DATE:
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This administrative review and notice
is in accordance with sections 751(a)(1)
and 777(i)(1) of the Act.
Dated: May 3, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–7223 Filed 5–10–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–848
Freshwater Crawfish Tail Meat from the
People’s Republic of China: Notice of
Amended Final Results and Amended
Order Pursuant to Final Court Decision
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 29, 2005, the
Court of International Trade (‘‘CIT’’)
affirmed the Department’s remand
determination and entered judgment in
Crawfish Processors Alliance v. United
States of America, Slip Op. 05–166 (CIT
Dec. 29, 2005) (‘‘Judgment’’), which
challenged certain aspects of the
Department of Commerce’s (‘‘the
Department’’) Final Results of
Antidumping Duty Administrative
Review, and Final Partial Rescission of
Antidumping Duty Administrative
Review of Freshwater Crawfish Tail
Meat from the People’s Republic of
China, 67 Fed. Reg. 19,546 (April 22,
2002) (‘‘99/00 Final Results’’), and
accompanying Issues and Decision
Memorandum (‘‘Decision Memo’’). As
explained below, in accordance with the
order contained in the CIT’s December
29, 2005, Judgment, the Department is
amending the 99/00 Final Results to
treat Jiangsu Hilong International Trade
Co., Ltd. (Jiangsu Hilong) and Ningbo
Nanlian Frozen Foods Company, Ltd.
(Ningbo Nanlian) as unaffiliated, non–
collapsed entities.
cchase on PROD1PC60 with NOTICES
AGENCY:
VerDate Aug<31>2005
16:29 May 10, 2006
Jkt 208001
May 11, 2006.
Scot
Fullerton, AD/CVD Operations, Office 9,
Import Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Room 4003,
Washington, DC 20230; telephone: (202)
482–1386.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
The Department first collapsed
Ningbo Nanlian and Jiangsu Hilong1 in
the 1997–1998 administrative review.
Freshwater Crawfish Tail Meat from the
People’s Republic of China: Final
Results of Administrative Antidumping
Duty and New Shipper Reviews, and
Final Rescission of New Shipper Review,
65 Fed. Reg. 20,948 (Apr. 19, 2000). The
Department continued to find that
Ningbo Nanlian and Jiangsu Hilong
were a single entity in the
administrative review covering the
1999–2000 period. See 99/00 Final
Results and accompanying Decision
Memo at Comment 20.
On May 6, 2004, the CIT issued an
order remanding the case to the
Department and ordering the
Department to explain why its findings
warranted the collapsing of Jiangsu
Hilong and Ningbo Nanlian. Crawfish
Processors Alliance v. United States,
Slip Op. 04–47 (CIT May 6, 2004) (‘‘CPA
Remand’’). The Department submitted
its Final Results of Redetermination
Pursuant to Court Remand on
November 2, 2004. See 99/00 Final
Remand Results I.
On September 13, 2005, the CIT
issued its ruling on the Department’s
remand determination again remanding
the case to the Department. See
Crawfish Processors Alliance v. United
States of America, Slip Op. 05–123 (CIT
Sept. 13, 2005) (‘‘CPA Remand II’’).
Specifically, the CIT remanded the case
for the Department to: (1)(a) Explain
with specificity how the interactions
between Jiangsu Hilong and Ningbo
Nanlian indicate that one company has
control over the other or both, especially
how the invoices from Jiangsu Hilong to
Hontex created a business relationship
with Ningbo Nanlian during the period
of review (POR), and (b) explain with
specificity how Mr. Wei’s contacts with
Jiangsu Hilong and Ningbo Nanlian
demonstrate control of either company
on behalf of the other or control over
both; or (c) if the Department is unable
to provide substantial evidence
supporting its collapsing decision, then
the Department is instructed to treat
1 Huaiyin Foreign Trade Corporation (5) became
Jiangsu Hilong International Trading Company Ltd.
on January 10, 2001.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Jiangsu Hilong and Ningbo Nanlian as
unaffiliated entities, and assign separate
company–specific antidumping duty
margins to each using verified
information on the record. See CPA
Remand II.
In its remand determination, the
Department reviewed the record
evidence and completed its Draft
Results of Determination Pursuant to
Court Remand (‘‘Draft Results’’) on
November 23, 2005, and released these
Draft Results for comment on November
25, 2005. The Department requested that
parties submit comments on the Draft
Results by close of business on
December 1, 2005. No comments were
received. The Department submitted the
Final Results of Remand to the CIT on
December 9, 2005.
On December 29, 2005, the CIT
affirmed the remand. No appeal to the
United States Court of Appeals was
filed.
Amendment to the Final Determination
Because there is now a final and
conclusive court decision, effective as of
the publication date of this notice, we
are amending the 99/00 Final Results
and establishing the following revised
weighted–average dumping margins:
FRESHWATER CRAWFISH TAIL MEAT
FROM THE PRC
Manufacturer/Exporter
Weighted–Average
Margin (Percent)
Ningbo Nanlian Frozen
Foods Company, Ltd.
62.51
The antidumping duty rate for
respondent Ningbo Nanlian was
unchanged from the 99/00 Final Results,
as the rate in the 99/00 Final Results for
the Ningbo Nanlian/Jiangsu Hilong
single entity was based solely on Ningbo
Nanlian’s sales. Because the Department
did not initiate a review of Jiangsu
Hilong for the 99/00 period of review
(no such review was requested by any
party), but only reviewed the company’s
information as part of the Ningbo
Nanlian/Jiansgu Hilong single entity,
the Department cannot calculate a
margin for Jiangsu Hilong as a separate
entity in this segment of the proceeding.
The Department will issue assessment
instructions directly to U.S. Customs
and Border Protection.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended.
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]]>Agencies
[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Pages 27450-27458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7223]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-588-824)
Certain Corrosion-Resistant Carbon Steel Flat Products From
Japan: Preliminary Results of Antidumping Duty Administrative Review,
and Preliminary Intent to Rescind, In part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on certain
corrosion-resistant carbon steel flat products (``CORE'') from Japan.
The period of review (``POR'') is August 1, 2004, through July 31,
2005. This review covers imports of CORE from Kawasaki Steel
Corporation (``Kawasaki'') and Nippon Steel Corporation (``Nippon
Steel''). We have preliminarily found that there were no entries of
CORE produced by Kawasaki. Therefore, we preliminarily determine to
rescind this review with respect to Kawasaki. Further, we preliminarily
determine that sales of subject merchandise sold by Nippon Steel have
been made at less than normal value.
If these preliminary results are adopted in our final results of
this administrative review, we will instruct U.S. Customs and Border
Protection (``CBP'') to assess antidumping duties on entries of Nippon
Steel's merchandise during the POR, in accordance with 19 CFR 351.106
and 351.212(b).
We invite interested parties to comment on these preliminary
results. Parties who submit arguments in this segment of the proceeding
should also submit with each argument: (1) a statement of the issue and
(2) a brief summary of the argument. We will issue the final results
not later than 120 days from the date of publication of this notice.
EFFECTIVE DATE: May 11, 2006.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, George McMahon,
or James 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
The Department published an antidumping duty order on CORE from
Japan on August 19, 1993. See Antidumping Duty Orders: Certain
Corrosion-Resistant Carbon Steel Flat Products from Japan, 58 FR 44163
(Aug. 19, 1993). On August 31, 2005, Nucor Corporation (``Nucor''), a
domestic producer of the subject merchandise, requested an
administrative review (``AR'') of the antidumping order referenced
above with respect to Kawasaki and Nippon Steel. See Letter from Nucor
Corporation Requesting Administrative Review. On September 28, 2005,
the Department published a notice of initiation of this antidumping
duty AR. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in
[[Page 27451]]
Part, 70 FR 56631 (Sept. 28, 2005). On November 19, 2005, the
Department issued Sections A, B, C and D questionnaires to JFE Steel
and its affiliate, Kawasho Corporation (collectively ``JFE Steel''),
and to Nippon Steel.
Issuing the questionnaire to JFE Steel was an inadvertent error
based on a slight difference between the request for initiation in this
and the previous review. In the previous administrative review, Nucor
requested an administrative review of ``Kawasaki Steel Corp. (and any
alleged successor-in-interest including JFE Steel Corp.)'' Based on
this request, we initiated for Kawasaki /JFE and sent JFE a
questionnaire. In the present review, Nucor requested a review solely
for ``Kawasaki Steel Corporation'' and we initiated the review solely
for ``Kawasaki Steel Corporation.'' Because Nucor did not included a
review request for ``(any alleged successor-in-interest including
JFE),'' we did not initiate for Kawasaki/JFE, and should not have sent
JFE a questionnaire.
JFE Steel responded to the Department's questionnaire on November
28, 2006, requesting that the Department withdraw the questionnaire
because no AR had been initiated with respect to JFE Steel. The
Department agreed and withdrew the questionnaire. See ``Intent to
Rescind, in Part'' section of this notice.
In response to the questionnaire it received, Nippon Steel sent a
letter to the Department stating it would not participate in the AR.
See Letter from Nippon Steel Corporation, Dec. 9, 2005. The Department
issued a letter Nippon Steel advising them that nonparticipation might
result in the application of adverse faces available (``AFA'') pursuant
to section 776(a) and (b) of the Tariff Act of 1930, as amended (``the
Act''). See Letter to Nippon Steel: Nonparticipation in Administrative
Review (A-588-824), Jan. 17, 2006. See ``Adverse Facts Available''
section of this notice.
Intent to Rescind, in Part
In response to the questionnaire, JFE Steel submitted letters to
the Department arguing that because JFE Steel was not named in the
Department's Notice of Initiation, it was not required to respond to
the November 19, 2005, questionnaire and requesting that the Department
withdraw its questionnaire. See Letter from JFE Steel, Nov. 28, 2005;
Letter from JFE Steel, Dec. 9, 2005; and Letter from JFE Steel, Jan.
26, 2006. Nucor submitted a letter to the Department agreeing with JFE
Steel that Nucor had not requested a review of JFE Steel and that JFE
Steel does not need to respond to the questionnaire. Nucor also stated
that information recently became available on the internet that
demonstrates that Kawasaki ceased to be a producer and exporter of
subject merchandise in 2003, and is no longer capable of exporting
subject merchandise to the United States. See Letter from Nucor:
Response to Comments by JFE Steel Corporation at 2-3, Dec. 19, 2005.
As a result of Nucor's statements, the Department conducted a data
query to determine whether there were any shipments of CORE produced by
Kawasaki during the POR. The Department found that there were no
entries by Kawasaki during the POR. Further, we found that there were
no entries under the Kawasaki-specific 10-digit case number. See Memo
to the File, Feb. 10, 2006. Additionally, the Department withdrew the
questionnaire issued to JFE Steel and Kawasho Corporation. See Letter
to JFE Steel, Feb. 10, 2006. Based on our analysis of the shipment
data, we are treating Kawasaki as a non-shipper for the purpose of this
review. Therefore, in accordance with 19 CFR 351.213(d)(3), and
consistent with our practice, we preliminarily determine to rescind
this review, in part. See e.g., Stainless Steel Bar from India;
Preliminary Results of Antidumping Duty Administrative Review and New
Shipper Review, and Partial Rescission of Administrative Review, 65 FR
12209 (March 8, 2000); Persulfates From the People's Republic of China;
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission of Administrative Review, 65 FR 18963 (April 10,
2000).
Scope of Order
The products subject to this order include flat-rolled carbon steel
products, of rectangular shape, either clad, plated, or coated with
corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-,
nickel- or iron-based alloys, whether or not corrugated or painted,
varnished or coated with plastics or other nonmetallic substances in
addition to the metallic coating, in coils (whether or not in
successively superimposed layers) and of a width of 0.5 inch or
greater, or in straight lengths which, if of a thickness less than 4.75
mm, are of a width of 0.5 inch or greater and which measures at least
10 times the thickness, or if of a thickness of 4.75 mm or more, are of
a width which exceeds 150 mm and measures at least twice the thickness,
as currently classifiable in the HTS under item numbers: 7210.30.0030,
7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.61.0000,
7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000,
7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7212.60.0000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060,
and 7217.90.5090.
Included in the order are flat-rolled products of nonrectangular
cross-section where such cross-section is achieved subsequent to the
rolling process (i.e., products which have been ``worked after
rolling'') -- for example, products which have been beveled or rounded
at the edges.
Excluded from the scope of the order are flat-rolled steel products
either plated or coated with tin, lead, chromium, chromium oxides, both
tin and lead (``terne plate''), or both chromium and chromium oxides
(``tin-free steel''), whether or not painted, varnished or coated with
plastics or other nonmetallic substances in addition to the metallic
coating. Also excluded from the scope of the order are clad products in
straight lengths of 0.1875 inch or more in composite thickness and of a
width which exceeds 150 mm and measures at least twice the thickness.
Also excluded from the scope of the order are certain clad stainless
flat-rolled products, which are three-layered corrosion- resistant
carbon steel flat-rolled products less than 4.75 mm in composite
thickness that consist of a carbon steel flat-rolled product clad on
both sides with stainless steel in a 20[percnt]-60[percnt]-20[percnt]
ratio. See Antidumping Duty Orders: Certain Corrosion-Resistant Carbon
Steel Flat Products From Japan, 58 FR 44163 (Aug. 19, 1993).
Exclusions due to Changed Circumstances Reviews
The Department has issued the following rulings to date:
Excluded from the scope of this order are imports of certain
corrosion-resistant carbon steel flat products meeting the following
specifications: widths ranging from 10 mm (0.394 inches) through 100 mm
(3.94 inches); thicknesses, including coatings, ranging from 0.11 mm
(0.004 inches) through 0.60 mm (0.024 inches); and a coating that is
from 0.003 mm (0.00012 inches) through 0.005 mm (0.000196 inches) in
thickness and that is comprised of three evenly applied layers, the
first layer
[[Page 27452]]
consisting of 99[percnt] zinc, 0.5[percnt] cobalt, and 0.5[percnt]
molybdenum, followed by a layer consisting of chromate, and finally a
layer consisting of silicate. See Certain Corrosion-Resistant Carbon
Steel Flat Products From Japan: Final Results of Changed Circumstances
Antidumping Duty Administrative Review, and Revocation in Part of
Antidumping Duty Order, 62 FR 66848 (Dec. 22, 1997).
Also excluded from the scope of this order are imports of subject
merchandise meeting all of the following criteria: (1) Widths ranging
from 10 mm (0.394 inches) through 100 mm (3.94 inches); (2)
thicknesses, including coatings, ranging from 0.11 mm (0.004 inches)
through 0.60 mm (0.024 inches); and (3) a coating that is from 0.003 mm
(0.00012 inches) through 0.005 mm (0.000196 inches) in thickness and
that is comprised of either two evenly applied layers, the first layer
consisting of 99[percnt] zinc, 0.5[percnt] cobalt, and 0.5[percnt]
molybdenum, followed by a layer consisting of chromate, or three evenly
applied layers, the first layer consisting of 99[percnt] zinc,
0.5[percnt] cobalt, and 0.5[percnt] molybdenum followed by a layer
consisting of chromate, and finally a layer consisting of silicate. See
Certain Corrosion-Resistant Carbon Steel Flat Products From Japan:
Final Results of Changed Circumstances Antidumping Duty Administrative
Review, and Revocation in Part of Antidumping Duty Order, 64 FR 14862
(Mar. 29, 1999).
Also excluded from the scope of this order are: (1) Carbon steel
flat products measuring 1.84 mm in thickness and 43.6 mm or 16.1 mm in
width consisting of carbon steel coil (SAE 1008) clad with an aluminum
alloy that is balance aluminum, 20[percnt] tin, 1[percnt] copper,
0.3[percnt] silicon, 0.15[percnt] nickel, less than 1[percnt] other
materials and meeting the requirements of SAE standard 783 for Bearing
and Bushing Alloys; and (2) carbon steel flat products measuring 0.97
mm in thickness and 20 mm in width consisting of carbon steel coil (SAE
1008) with a two-layer lining, the first layer consisting of a copper-
lead alloy powder that is balance copper, 9[percnt] to 11[percnt] tin,
9[percnt] to 11[percnt] lead, less than 1[percnt] zinc, less than
1[percnt] other materials and meeting the requirements of SAE standard
792 for Bearing and Bushing Alloys, the second layer consisting of
45[percnt] to 55[percnt] lead, 38[percnt] to 50[percnt]
polytetrafluorethylene (``PTFE''), 3[percnt] to 5[percnt] molybdenum
disulfide and less than 2[percnt] other materials. See Certain
Corrosion-Resistant Carbon Steel Flat Products From Japan: Final
Results of Changed Circumstances Antidumping Duty Review, and
Revocation in Part of Antidumping Duty Order, 64 FR 57032 (Oct. 22,
1999).
Also excluded from the scope of the order are imports of doctor
blades meeting the following specifications: carbon steel coil or
strip, plated with nickel phosphorous, having a thickness of 0.1524 mm
(0.006 inches), a width between 31.75 mm (1.25 inches) and 50.80 mm
(2.00 inches), a core hardness between 580 to 630 HV, a surface
hardness between 900--990 HV; the carbon steel coil or strip consists
of the following elements identified in percentage by weight:
0.90[percnt] to 1.05[percnt] carbon; 0.15[percnt] to 0.35[percnt]
silicon; 0.30[percnt] to 0.50[percnt] manganese; less than or equal to
0.03[percnt] of phosphorous; less than or equal to 0.006[percnt] of
sulfur; other elements representing 0.24[percnt]; and the remainder of
iron. See Certain Corrosion-Resistant Carbon Steel Flat Products From
Japan: Final Results of Changed Circumstances Review, and Revocation in
Part of Antidumping Duty Order, 65 FR 53983 (Sept. 6, 2000).
Also excluded from the scope of the order are imports of carbon
steel flat products meeting the following specifications: carbon steel
flat products measuring 1.64 mm in thickness and 19.5 mm in width
consisting of carbon steel coil (SAE 1008) with a lining clad with an
aluminum alloy that is balance aluminum; 10 to 15[percnt] tin; 1 to
3[percnt] lead; 0.7 to 1.3[percnt] copper; 1.8 to 3.5[percnt] silicon;
0.1 to 0.7[percnt] chromium; less than 1[percnt] other materials and
meeting the requirements of SAE standard 783 for Bearing and Bushing
Alloys. See Certain Corrosion-Resistant Carbon Steel Flat Products From
Japan: Final Results of Changed Circumstances Review, and Revocation in
Part of Antidumping Duty Order, 66 FR 8778 (Feb. 2, 2001).
Also excluded from the scope of the order are carbon steel flat
products meeting the following specifications: (1) Carbon steel flat
products measuring 0.975 mm in thickness and 8.8 mm in width consisting
of carbon steel coil (SAE 1012) clad with a two-layer lining, the first
layer consisting of a copper-lead alloy powder that is balance copper,
9[percnt]-11[percnt] tin, 9[percnt]-11[percnt] lead, maximum 1[percnt]
other materials and meeting the requirements of SAE standard 792 for
Bearing and Bushing Alloys, the second layer consisting of 13[percnt]-
17[percnt] carbon, 13[percnt]-17[percnt] aromatic polyester, with a
balance (approx. 66[percnt]-74[percnt]) of PTFE; and (2) carbon steel
flat products measuring 1.02 mm in thickness and 10.7 mm in width
consisting of carbon steel coil (SAE 1008) with a two-layer lining, the
first layer consisting of a copper-lead alloy powder that is balance
copper, 9[percnt]-11[percnt] tin, 9[percnt]-11[percnt] lead, less than
0.35[percnt] iron, and meeting the requirements of SAE standard 792 for
Bearing and Bushing Alloys, the second layer consisting of 45[percnt]-
55[percnt] lead, 3[percnt]-5[percnt] molybdenum disulfide, with a
balance (approx. 40[percnt]-52[percnt]) of PTFE. See Certain Corrosion-
Resistant Carbon Steel Flat Products From Japan: Notice of Final
Results of Changed Circumstances Review, and Revocation in Part of
Antidumping Duty Order, 66 FR 15075 (Mar. 15, 2001).
Also excluded from this order are carbon steel flat products
meeting the following specifications: (1) carbon steel coil or strip,
measuring 1.93 mm or 2.75 mm (0.076 inches or 0.108 inches) in
thickness, 87.3 mm or 99 mm (3.437 inches or 3.900 inches) in width,
with a low carbon steel back comprised of: carbon under 8[percnt],
manganese under 0.4[percnt], phosphorous under 0.04[percnt], and sulfur
under 0.05[percnt]; clad with aluminum alloy comprised of: 0.7[percnt]
copper, 12[percnt] tin, 1.7[percnt] lead, 0.3[percnt] antimony,
2.5[percnt] silicon, 1[percnt] maximum total other (including iron),
and remainder aluminum; and (2) carbon steel coil or strip, clad with
aluminum, measuring 1.75 mm (0.069 inches) in thickness, 89 mm or 94 mm
(3.500 inches or 3.700 inches) in width, with a low carbon steel back
comprised of: carbon under 8[percnt], manganese under 0.4[percnt],
phosphorous under 0.04[percnt], and sulfur under 0.05[percnt]; clad
with aluminum alloy comprised of: 0.7[percnt] copper, 12[percnt] tin,
1.7[percnt] lead, 2.5[percnt] silicon, 0.3[percnt] antimony, 1[percnt]
maximum total other (including iron), and remainder aluminum. See
Certain Corrosion-Resistant Carbon Steel Flat Products From Japan:
Notice of Final Results of Changed Circumstances Review, and Revocation
in Part of Antidumping Duty Order, 66 FR 20967 (Apr. 26, 2001).
Also excluded from this order are carbon steel flat products
meeting the following specifications: carbon steel coil or strip,
measuring a minimum of and including 1.10 mm to a maximum of and
including 4.90 mm in overall thickness, a minimum of and including
76.00 mm to a maximum of and including 250.00 mm in overall width, with
a low carbon steel back comprised of: carbon under 0.10[percnt],
manganese under 0.40[percnt], phosphorous under 0.04[percnt], sulfur
under 0.05[percnt], and silicon under 0.05[percnt]; clad with aluminum
alloy comprised of: under 2.51[percnt] copper, under 15.10[percnt] tin,
and remainder aluminum as listed on the mill specification sheet. See
Certain Corrosion-Resistant Carbon Steel Flat Products From Japan:
Notice of Final Results of Changed Circumstances Review, and Revocation
in Part of Antidumping Duty Order, 67 FR 7356 (Feb. 19, 2002).
[[Page 27453]]
Also excluded from this order are products meeting the following
specifications: (1) Diffusion-annealed, non-alloy nickel-plated carbon
products, with a substrate of cold-rolled battery grade sheet
(``CRBG'') with both sides of the CRBG initially electrolytically
plated with pure, unalloyed nickel and subsequently annealed to create
a diffusion between the nickel and iron substrate, with the nickel
plated coating having a thickness of 0-5 microns per side with one side
equaling at least 2 microns; and with the nickel carbon sheet having a
thickness of from 0.004'' (0.10 mm) to 0.030'' (0.762 mm) and
conforming to the following chemical specifications ([percnt]): C <=
0.08; Mn <= 0.45; P <= 0.02; S <= 0.02; Al <= 0.15; and Si <= 0.10; and
the following physical specifications: Tensile = 65 KSI maximum; Yield
= 32 - 55 KSI; Elongation = 18[percnt] minimum (aim 34[percnt]);
Hardness = 85 - 150 Vickers; Grain Type = Equiaxed or Pancake; Grain
Size (ASTM) = 7-12; Delta r value = aim less than 0.2; Lankford value
>=1.2.; and (2) next generation diffusion-annealed nickel plate meeting
the following specifications: (a) Nickel-graphite plated, diffusion-
annealed, tin-nickel plated carbon products, with a natural composition
mixture of nickel and graphite electrolytically plated to the top side
of diffusion-annealed tin-nickel plated carbon steel strip with a cold
rolled or tin mill black plate base metal conforming to chemical
requirements based on AISI 1006; having both sides of the cold rolled
substrate electrolytically plated with natural nickel, with the top
side of the nickel plated strip electrolytically plated with tin and
then annealed to create a diffusion between the nickel and tin layers
in which a nickel-tin alloy is created, and an additional layer of
mixture of natural nickel and graphite then electrolytically plated on
the top side of the strip of the nickel-tin alloy; having a coating
thickness: top side: nickel-graphite, tin-nickel layer >= 1.0
micrometers; tin layer only >= 0.05 micrometers, nickel-graphite layer
only > 0.2 micrometers, and bottom side: nickel layer >= 1.0
micrometers; (b) nickel-graphite, diffusion-annealed, nickel plated
carbon products, having a natural composition mixture of nickel and
graphite electrolytically plated to the top side of diffusion-annealed
nickel plated steel strip with a cold rolled or tin mill black plate
base metal conforming to chemical requirements based on AISI 1006; with
both sides of the cold rolled base metal initially electrolytically
plated with natural nickel, and the material then annealed to create a
diffusion between the nickel and the iron substrate; with an additional
layer of natural nickel-graphite then electrolytically plated on the
top side of the strip of the nickel plated steel strip; with the
nickel-graphite, nickel plated material sufficiently ductile and
adherent to the substrate to permit forming without cracking, flaking,
peeling, or any other evidence of separation; having a coating
thickness: top side: nickel-graphite, tin-nickel layer >= 1.0
micrometers; nickel-graphite layer >= 0.5 micrometers; bottom side:
nickel layer >= 1.0 micrometers; (c) diffusion-annealed nickel-graphite
plated products, which are cold-rolled or tin mill black plate base
metal conforming to the chemical requirements based on AISI 1006;
having the bottom side of the base metal first electrolytically plated
with natural nickel, and the top side of the strip then plated with a
nickel-graphite composition; with the strip then annealed to create a
diffusion of the nickel-graphite and the iron substrate on the bottom
side; with the nickel-graphite and nickel plated material sufficiently
ductile and adherent to the substrate to permit forming without
cracking, flaking, peeling, or any other evidence of separation; having
coating thickness: top side: nickel-graphite layer >= 1.0 micrometers;
bottom side: nickel layer >= 1.0 micrometers; (d) nickel-phosphorous
plated diffusion-annealed nickel plated carbon product, having a
natural composition mixture of nickel and phosphorus electrolytically
plated to the top side of a diffusion-annealed nickel plated steel
strip with a cold rolled or tin mill black plate base metal conforming
to the chemical requirements based on AISI 1006; with both sides of the
base metal initially electrolytically plated with natural nickel, and
the material then annealed to create a diffusion of the nickel and iron
substrate; another layer of the natural nickel-phosphorous then
electrolytically plated on the top side of the nickel plated steel
strip; with the nickel-phosphorous, nickel plated material sufficiently
ductile and adherent to the substrate to permit forming without
cracking, flaking, peeling or any other evidence of separation; having
a coating thickness: top side: nickel-phosphorous, nickel layer >= 1.0
micrometers; nickel-phosphorous layer >= 0.1 micrometers; bottom side:
nickel layer >= 1.0 micrometers; (e) diffusion-annealed, tin-nickel
plated products, electrolytically plated with natural nickel to the top
side of a diffusion-annealed tin-nickel plated cold rolled or tin mill
black plate base metal conforming to the chemical requirements based on
AISI 1006; with both sides of the cold rolled strip initially
electrolytically plated with natural nickel, with the top side of the
nickel plated strip electrolytically plated with tin and then annealed
to create a diffusion between the nickel and tin layers in which a
nickel-tin alloy is created, and an additional layer of natural nickel
then electrolytically plated on the top side of the strip of the
nickel-tin alloy; sufficiently ductile and adherent to the substrate to
permit forming without cracking, flaking, peeling or any other evidence
of separation; having coating thickness: top side: nickel-tin-nickel
combination layer >= 1.0 micrometers; tin layer only >= 0.05
micrometers; bottom side: nickel layer >= 1.0 micrometers; and (f) tin
mill products for battery containers, tin and nickel plated on a cold
rolled or tin mill black plate base metal conforming to chemical
requirements based on AISI 1006; having both sides of the cold rolled
substrate electrolytically plated with natural nickel; then annealed to
create a diffusion of the nickel and iron substrate; then an additional
layer of natural tin electrolytically plated on the top side; and again
annealed to create a diffusion of the tin and nickel alloys; with the
tin-nickel, nickel plated material sufficiently ductile and adherent to
the substrate to permit forming without cracking, flaking, peeling or
any other evidence of separation; having a coating thickness: top side:
nickel-tin layer >=1 micrometer; tin layer alone >=0.05 micrometers;
bottom side: nickel layer >=1.0 micrometer. See Certain Corrosion-
Resistant Carbon Steel Flat Products From Japan: Notice of Final
Results of Changed Circumstances Review, and Revocation in Part of
Antidumping Duty Order, 67 FR 47768 (Jul. 22, 2002).
Also excluded from this order are products meeting the following
specifications: (1) Widths ranging from 10 mm (0.394 inches) through
100 mm (3.94 inches); (2) thicknesses, including coatings, ranging from
0.11 mm (0.004 inches) through 0.60 mm (0.024 inches); and (3) a
coating that is from 0.003 mm (0.00012 inches) through 0.005 mm
(0.000196 inches) in thickness and that is comprised of either two
evenly applied layers, the first layer consisting of 99[percnt] zinc,
0.5[percnt] cobalt, and 0.5[percnt] molybdenum, followed by a layer
consisting of phosphate, or three evenly applied layers, the first
layer consisting of 99[percnt] zinc, 0.5[percnt] cobalt, and
0.5[percnt] molybdenum followed by a layer consisting of phosphate, and
finally a
[[Page 27454]]
layer consisting of silicate. See Certain Corrosion-Resistant Carbon
Steel Flat Products From Japan: Notice of Final Results of Changed
Circumstances Review, and Revocation in Part of Antidumping Duty Order,
67 FR 57208 (Sept. 9, 2002).
Also excluded from this order are products meeting the following
specifications: (1) Flat-rolled products (provided for in HTSUS
subheading 7210.49.00), other than of high-strength steel, known as
``ASE Iron Flash'' and either: (A) having a base layer of zinc-based
zinc-iron alloy applied by hot-dipping and a surface layer of iron-zinc
alloy applied by electrolytic process, the weight of the coating and
plating not over 40[percnt] by weight of zinc; or (B) two-layer-coated
corrosion-resistant steel with a coating composed of (a) a base coating
layer of zinc-based zinc-iron alloy by hot-dip galvanizing process, and
(b) a surface coating layer of iron-zinc alloy by electro-galvanizing
process, having an effective amount of zinc up to 40[percnt] by weight,
and (2) corrosion resistant continuously annealed flat-rolled products,
continuous cast, the foregoing with chemical composition (percent by
weight): carbon not over 0.06[percnt] by weight, manganese 0.20 or more
but not over 0.40, phosphorus not over 0.02, sulfur not over 0.023,
silicon not over 0.03, aluminum 0.03 or more but not over 0.08, arsenic
not over 0.02, copper not over 0.08 and nitrogen 0.003 or more but not
over 0.008; and meeting the characteristics described below: (A)
Products with one side coated with a nickel-iron-diffused layer which
is less than 1 micrometer in thickness and the other side coated with a
two-layer coating composed of a base nickel-iron-diffused coating layer
and a surface coating layer of annealed and softened pure nickel, with
total coating thickness for both layers of more than 2 micrometers;
surface roughness (RA-microns) 0.18 or less; with scanning electron
microscope (SEM) not revealing oxides greater than 1 micron; and
inclusion groups or clusters shall not exceed 5 microns in length; (B)
products having one side coated with a nickel-iron-diffused layer which
is less than 1 micrometer in thickness and the other side coated with a
four-layer coating composed of a base nickel-iron-diffused coating
layer; with an inner middle coating layer of annealed and softened pure
nickel, an outer middle surface coating layer of hard nickel and a
topmost nickel-phosphorus-plated layer; with combined coating thickness
for the four layers of more than 2 micrometers; surface roughness (RA-
microns) 0.18 or less; with SEM not revealing oxides greater than 1
micron; and inclusion groups or clusters shall not exceed 5 microns in
length; (C) products having one side coated with a nickel-iron-diffused
layer which is less than 1 micrometer in thickness and the other side
coated with a three-layer coating composed of a base nickel-iron-
diffused coating layer, with a middle coating layer of annealed and
softened pure nickel and a surface coating layer of hard, luster-agent-
added nickel which is not heat-treated; with combined coating thickness
for all three layers of more than 2 micrometers; surface roughness (RA-
microns) 0.18 or less; with SEM not revealing oxides greater than 1
micron; and inclusion groups or clusters shall not exceed 5 microns in
length; or (D) products having one side coated with a nickel-iron-
diffused layer which is less than 1 micrometer in thickness and the
other side coated with a three-layer coating composed of a base nickel-
iron-diffused coating layer, with a middle coating layer of annealed
and softened pure nickel and a surface coating layer of hard, pure
nickel which is not heat-treated; with combined coating thickness for
all three layers of more than 2 micrometers; surface roughness (RA-
microns) 0.18 or less; SEM not revealing oxides greater than 1 micron;
and inclusion groups or clusters shall not exceed 5 microns in length.
See Certain Corrosion-Resistant Carbon Steel Flat Products From Japan:
Notice of Final Results of Changed Circumstances Review, and Revocation
in Part of Antidumping Duty Order, 68 FR 19970 (Apr. 23, 2003).
Also excluded from the scope of this order is merchandise meeting
the following specifications: (1) Base metal: Aluminum Killed,
Continuous Cast, Carbon Steel SAE 1008, (2) Chemical Composition:
Carbon 0.08[percnt] max. Silicon, 0.03[percnt] max., Manganese
0.40[percnt] max., Phosphorus, 0.020[percnt] max., Sulfur 0.020[percnt]
max., (3) Nominal thickness of 0.054 mm, (4) Thickness tolerance
minimum 0.0513 mm, maximum 0.0567 mm, (5) Width of 600 mm or greater,
and (7) Nickel plate min. 2.45 microns per side. See Notice of Final
Results of Antidumping Duty Changed Circumstances Review and
Revocation, In Part: Certain Corrosion-Resistant Carbon Steel Flat
Products From Japan, 70 FR 2608 (Jan. 14, 2005).
Also excluded from the scope of this order are the following 24
separate corrosion-resistant carbon steel coil products meeting the
following specifications:
Product 1 Products described in industry usage as of carbon steel,
measuring 1.625 mm to 1.655 mm in thickness and 19.3 mm to 19.7 mm in
width, consisting of carbon steel coil (SAE 1010) with a lining clad
with an aluminum alloy containing by weight 10[percnt] or more but not
more than 15[percnt] of tin, 1[percnt] or more but not more than
3[percnt] of lead, 0.7[percnt] or more but not more than 1.3[percnt] of
copper, 1.8[percnt] or more but not more than 3.5[percnt] of silicon,
0.1[percnt] or more but not more than 0.7[percnt] of chromium and less
than or equal to 1[percnt] of other materials, and meeting the
requirements of SAE standard 788 for Bearing and Bushing Alloys.
Product 2 Products described in industry usage as of carbon steel,
measuring 0.955 mm to 0.985 mm in thickness and 8.6 mm to 9.0 mm in
width, consisting of carbon steel coil (SAE 1012) clad with a two-layer
lining, the first layer consisting of a copper-lead alloy powder that
contains by weight 9[percnt] or more but not more than 11[percnt] of
tin, 9[percnt] or more but not more than 11[percnt] of lead, less than
0.05[percnt] phosphorus, less than 0.35[percnt] iron and less than or
equal to 1[percnt] other materials, and meeting the requirements of SAE
standard 797 for Bearing and Bushing Alloys, with the second layer
containing by weight 13[percnt] or more but not more than 17[percnt] of
carbon, 13[percnt] or more but not more than 17[percnt] of aromatic
polyester, and the remainder (approx. 66-74[percnt]) of PTFE.
Product 3 Products described in industry usage as of carbon steel,
measuring 1.01 mm to 1.03 mm in thickness and 10.5 mm to 10.9 mm in
width, consisting of carbon steel coil (SAE 1010) with a two-layer
lining, the first layer consisting of a copper-lead alloy powder that
contains by weight 9[percnt] or more but not more than 11[percnt] of
tin, 9[percnt] or more but not more than 11[percnt] of lead, less than
1[percnt] zinc and less than or equal to 1[percnt] other materials, and
meeting the requirements of SAE standard 797 for Bearing and Bushing
Alloys, with the second layer containing by weight 45[percnt] or more
but not more than 55[percnt] of lead, 3[percnt] or more but not more
than 5[percnt] of molybdenum disulfide, and the remainder made up of
PTFE (approximately 38[percnt] to 52[percnt]) and less than 2[percnt]
in the aggregate of other materials.
Product 4 Products described in industry usage as of carbon steel,
measuring 1.8 mm to 1.88 mm in thickness and 43.4 mm to 43.8 mm or 16.1
mm to 1.65 mm in width, consisting of carbon steel coil (SAE 1010) clad
with an aluminum alloy that contains by weight 19[percnt] to 20[percnt]
tin, 1[percnt] to 1.2[percnt] copper, less than 0.3[percnt] silicon,
0.15[percnt] nickel and less than 1[percnt] in the aggregate other
materials and meeting
[[Page 27455]]
the requirements of SAE standard 783 for Bearing and Bushing Alloys.
Product 5 Products described in industry usage as of carbon steel,
measuring 0.95 mm to 0.98 mm in thickness and 19.95 mm to 20 mm in
width, consisting of carbon steel coil (SAE 1010) with a two-layer
lining, the first layer consisting of a copper-lead alloy powder that
contains by weight 9[percnt] or more but not more than 11[percnt] of
tin, 9[percnt] or more but not more than 11[percnt] of lead, less than
1[percnt] of zinc and less than or equal to 1[percnt] in the aggregate
of other materials and meeting the requirements of SAE standard 797 for
Bearing and Bushing Alloys, with the second layer consisting by weight
of 45[percnt] or more but not more than 55[percnt] of lead, 3[percnt]
or more but not more than 5[percnt] of molybdenum disulfide and with
the remainder made up of PTFE (approximately 38[percnt] to 52[percnt])
and up to 2[percnt] in the aggregate of other materials.
Product 6 Products described in industry usage as of carbon steel,
measuring 0.96 mm to 0.98 mm in thickness and 18.75 mm to 18.95 mm in
width; base of SAE 1010 steel with a two-layer lining, the first layer
consisting of copper-base alloy powder with chemical composition
(percent by weight): tin 9 to 11, lead 9 to 11, phosphorus less than
0.05, ferrous group less than 0.35, and other materials less than
1[percnt]; meeting the requirements of SAE standard 797 for bearing and
bushing alloys; the second layer consisting of lead 33 to 37[percnt],
aromatic polyester 28 to 32[percnt], and other materials less than
2[percnt] with a balance of PTFE.
Product 7 Products described in industry usage as of carbon steel,
measuring 1.21 mm to 1.25 mm in thickness and 19.4 mm to 19.6 mm in
width; base of SAE 1012 steel with lining of copper base alloy with
chemical composition (percent by weight): tin 9 to 11, lead 9 to 11,
phosphorus less than 0.05, ferrous group less than 0.35 and other
materials less than 1[percnt]; meeting the requirements of SAE standard
797 for bearing and bushing alloys.
Product 8 Products described in industry usage as of carbon steel,
measuring 0.96 mm to 0.98 mm in thickness and 21.5 mm to 21.7 mm in
width; base of SAE 1010 steel with a two-layer lining, the first layer
consisting of copper-base alloy powder with chemical composition
(percent by weight): tin 9 to 11, lead 9 to 11, phosphorus less than
0.05[percnt], ferrous group less than 0.35 and other materials less
than 1; meeting the requirements of SAE standard 797 for bearing and
bushing alloys; the second layer consisting of (percent by weight) lead
33 to 37, aromatic polyester 28 to 32 and other materials less than 2
with a balance of PTFE.
Product 9 Products described in industry usage as of carbon steel,
measuring 0.96 mm to 0.99 mm in thickness and 7.65 mm to 7.85 mm in
width; base of SAE 1012 steel with a two-layer lining, the first layer
consisting of copper-based alloy powder with chemical composition
(percent by weight): tin 9 to 11, lead 9 to 11, phosphorus less than
0.05, ferrous group less than 0.35 and other materials less than 1;
meeting the requirements of SAE standard 797 for bearing and bushing
alloys; the second layer consisting of (percent by weight) carbon 13 to
17 and aromatic polyester 13 to 17, with a balance of PTFE.
Product 10 Products described in industry usage as of carbon steel,
measuring 0.955 mm to 0.985 mm in thickness and 13.6 mm to 14 mm in
width; base of SAE 1012 steel with a two-layer lining, the first layer
consisting of copper-based alloy powder with chemical composition
(percent by weight): tin 9 to 11, lead 9 to 11, phosphorus less than
0.05, ferrous group less than 0.35 and other materials less than 1;
meeting the requirements of SAE standard 797 for bearing and bushing
alloys; the second layer consisting of (percent by weight) carbon 13 to
17, aromatic polyester 13 to 17, with a balance (approximately 66 to
74) of PTFE.
Product 11 Products described in industry usage as of carbon steel,
measuring 1.2 mm to 1.24 mm in thickness; 20 mm to 20.4 mm in width;
consisting of carbon steel coils (SAE 1012) with a lining of sintered
phosphorus bronze alloy with chemical composition (percent by weight):
tin 5.5 to 7; phosphorus 0.03 to 0.35; lead less than 1 and other non-
copper materials less than 1.
Product 12 Products described in industry usage as of carbon steel,
measuring 1.8 mm to 1.88 mm in thickness and 43.3 mm to 43.7 mm in
width; base of SAE 1010 steel with a lining of aluminum based alloy
with chemical composition (percent by weight: tin 10 to 15, lead 1 to
3, copper 0.7 to 1.3, silicon 1.8 to 3.5, chromium 0.1 to 0.7 and other
materials less than 1; meeting the requirements of SAE standard 788 for
bearing and bushing alloys.
Product 13 Products described in industry usage as of carbon steel,
measuring 1.8 mm to 1.88 mm in thickness and 24.2 mm to 24.6 mm in
width; base of SAE 1010 steel with a lining of aluminum alloy with
chemical composition (percent by weight): tin 10 to 15, lead 1 to 3,
copper 0.7 to 1.3, silicon 1.8 to 3.5, chromium 0.1 to 0.7 and other
materials less than 1; meeting the requirements of SAE standard 788 for
bearing and bushing alloys.
Product 14 Flat-rolled coated SAE 1009 steel in coils, with thickness
not less than 0.915 mm but not over 0.965 mm, width not less than 19.75
mm or more but not over 20.35 mm; with a two-layer coating; the first
layer consisting of tin 9 to 11[percnt], lead 9 to 11[percnt], zinc
less than 1[percnt], other materials (other than copper) not over
1[percnt] and balance copper; the second layer consisting of lead 45 to
55[percnt], molybdenum disulfide (MoS2) 3 to 5[percnt], other materials
not over 2[percnt], balance PTFE.
Product 15 Flat-rolled coated SAE 1009 steel in coils with thickness
not less than 0.915 mm or more but not over 0.965 mm; width not less
than 18.65 mm or more but not over19.25 mm; with a two-layer coating;
the first layer consisting of tin 9 to 11[percnt], lead 9 to
11[percnt], zinc less than 1[percnt], other materials (other than
copper) not over 1[percnt], balance copper; the second layer consisting
of lead 33 to 37[percnt], aromatic polyester 13 to 17[percnt], other
materials other than PTFE less than 2[percnt], balance PTFE.
Product 16 Flat-rolled coated SAE 1009 steel in coils with thickness
not less than 0.920 mm or more but not over 0.970 mm; width not less
than 21.35 mm or more but not over 21.95 mm; with a two-layer coating;
the first layer consisting of tin 9 to 11[percnt], lead 9 to
11[percnt], zinc less than 1[percnt], other materials (other than
copper) not over 1[percnt], balance copper; the second layer consisting
of lead 33 to 37[percnt], aromatic polyester 13 to 17[percnt], other
materials (other than PTFE) less than 2[percnt], balance PTFE.
Product 17 Flat-rolled coated SAE 1009 steel in coils with thickness
not less than 1.80 mm or more but not over 1.85 mm, width not less than
14.7 mm or more but not over 15.3 mm; with a lining consisting of tin
2.5 to 4.5[percnt], lead 21.0 to 25.0[percnt], zinc less than
3[percnt], iron less than 0.35[percnt], other materials (other than
copper) less than 1[percnt], balance copper.
Product 18 Flat-rolled coated SAE 1009 steel in coils with thickness
1.59 mm or more but not over 1.64 mm; width 14.5 mm or more but not
over 15.1 mm; with a lining consisting of tin 2.3 to 4.2[percnt], lead
20 to 25[percnt], iron 1.5 to 4.5[percnt], phosphorus 0.2 to
2.0[percnt], other materials (other than copper) less than 1[percnt],
balance copper.
Product 19 Flat-rolled coated SAE 1009 steel in coils with thickness
not less than 1.75 mm or more but not over 1.8 mm; width not less than
18.0 mm or
[[Page 27456]]
more but not over 18.6 mm; with a lining consisting of tin 2.3 to
4.2[percnt], lead 20 to 25[percnt], iron 1.5 to 4.5[percnt], phosphorus
0.2 to 2.0[percnt], other materials (other than copper) less than
1[percnt], balance copper.
Product 20 Flat-rolled coated SAE 1009 steel in coils with thickness
1.59 mm or more but not over 1.64 mm; width 13.6 mm or more but not
over 14.2 mm; with a lining consisting of tin 2.3 to 4.2[percnt], lead
20 to 25[percnt], iron 1.5 to 4.5[percnt], phosphorus 0.2 to
2.0[percnt], other materials (other than copper) less than 1[percnt],
with a balance copper.
Product 21 Flat-rolled coated SAE 1009 steel in coils with thickness
1.59 mm or more but not over 1.64 mm; width 11.5 mm or more but not
over 12.1 mm; with a lining consisting of tin 2.3 to 4.2[percnt], lead
20 to 25[percnt], iron 1.5 to 4.5[percnt], phosphorus 0.2 to
2.0[percnt], other materials (other than copper) less than 1[percnt],
balance copper.
Product 22 Flat-rolled coated SAE 1009 steel in coils with thickness
1.59 mm or more but not over 1.64 mm; width 11.2 mm or more but not
over 11.8 mm, with a lining consisting of copper 0.7 to 1.3[percnt],
tin 17.5 to 22.5[percnt], silicon less than 0.3[percnt], nickel less
than 0.15[percnt], other materials less than 1[percnt], balance
aluminum.
Product 23 Flat-rolled coated SAE 1009 steel in coils with thickness
1.59 mm or more but not over 1.64 mm; width 7.2 mm or more but not over
7.8 mm; with a lining consisting of copper 0.7 to 1.3[percnt], tin 17.5
to 22.5[percnt], silicon less than 0.3[percnt], nickel less than
0.15[percnt], other materials (other than copper) less than 1[percnt],
balance copper.
Product 24 Flat-rolled coated SAE 1009 steel in coils with thickness
1.72 mm or more but not over 1.77 mm; width 7.7 mm or more but not over
8.3 mm; with a lining consisting of copper 0.7 to 1.3[percnt], tin 17.5
to 22.5[percnt], silicon less than 0.3[percnt], nickel less than
0.15[percnt], other materials (other than copper) less than 1[percnt],
balance copper. See Notice of Final Results of Antidumping Duty Changed
Circumstances Review and Revocation, in Part: Certain Corrosion-
Resistant Carbon Steel Flat Products From Japan, 70 FR 5137 (Feb. 1,
2005).
Adverse Facts Available
On December 9, 2005, Nippon Steel responded to the Department's
questionnaire with a letter stating they would not participate in the
AR. On January 17, 2006, the Department issued a letter to Nippon Steel
stating that nonparticipation could result in the application of AFA
pursuant to section 776(a) and (b) of the Act. See Letter to Nippon
Steel: Nonparticipation in Administrative Review (A-588-824), Jan. 17,
2006. Since its December 9, 2005, letter, Nippon steel has not
responded further to the questionnaire nor otherwise participated in
this review.
Section 776(a)(2) of the Act provides that the Department shall use
facts available (``FA'') when a party withholds information that has
been requested by the Department; does not provide the Department with
information by the established deadline or in the form and manner
requested by the Department; significantly impedes a proceeding; or
provides such information but the information cannot be verified.
Because of Nippon Steel's refusal to participate in this AR, the
Department must make its determination based upon FA.
In addition, section 776(b) of the Act provides that adverse
inferences may be used in selecting from among facts otherwise
available when a party has failed to cooperate by not acting to the
best of its ability to comply with requests for information. See
Statement of Administrative Action Accompanying the Uruguay Round
Agreements Act, H.R. Rep. No. 103-316, at 870, (1994) (``SAA''),
reprinted in 1994 U.S.C.C.A.N. 4040, 4198-4199; Nippon Steel Corp. v.
United States, 337 F.3d. 1373, 1380-1383 (Fed. Cir. 2003). Nippon
Steel's refusal to participate demonstrates that Nippon Steel has
failed to act to the best of its ability, as described in section
776(b) of the Act. Thus, we have determined to apply an adverse
inference in the selection of FA.
When applying an adverse inference, section 776(b) of the Act
authorizes the Department to use, as AFA, information derived from the
petition, a final investigation determination, a previous
administrative review, or any other information placed on the record
(so-called ``secondary information''). No preference among the four
alternatives is suggested by section 776(b) of the Act; the only
requirement is that secondary information relied upon must be
corroborated ``to the extent practicable'' with information that is
``reasonably'' at the Department's disposal. In reviews, it is the
Department's practice to select, as AFA, the highest rate determined
for any respondent in any segment of the proceeding. See, e.g., Notice
of Final Results of Antidumping Duty Administrative Review and Final
Partial Rescission: Certain Cut-to-Length Carbon Steel Plate from
Romania, 71 FR 7008, 7010-11 (Feb. 10, 2006), and accompanying Issues
and Decision Memorandum, Issue 1; Freshwater Crawfish Tail Meat from
the People's Republic of China; Notice of Final Results of Antidumping
Duty Administrative Review, 68 FR 19504, 19506 (Apr. 21, 2003) (citing
Freshwater Crawfish Tail Meat from the People's Republic of China;
Notice of Final Results of Antidumping Duty Administrative Review, and
Final Partial Rescission of Antidumping Duty Administrative Review, 67
FR 19546 (Apr. 22, 2002)). The U.S. Court of International Trade
(``CIT'') and the U.S. Court of Appeals for the Federal Circuit
(``Federal Circuit'') have consistently upheld this practice. See Ta
Chen Stainless Steel Pipe, Inc. v. United States, 298 F.3d 1330,1339
(Fed. Cir. 2002) (citing Rhone Poulenc, Inc. v. United States, 899 F.2d
1185, 1190 (Fed. Cir. 1990)); NSK Ltd. v. United States, 346 F. Supp.
2d 1312, 1335 (CIT 2004) (upholding a 73.55 percent total AFA rate, the
highest available dumping margin from a different respondent in a less-
than-fair-value (``LTFV'') investigation); Kompass Food Trading Int'l
v. United States, 24 CIT 678, 682-84 (2000) (upholding a 51.16 percent
total AFA rate, the highest available dumping margin from a different,
fully cooperative respondent); Shanghai Taoen International Trading
Co., Ltd. v. United States, 360 F. Supp. 2d. 1339, 1347-48 (CIT 2005)
(upholding a 223.01percent total AFA rate, the highest available
dumping margin from a different respondent in a previous administrative
review).
The Department's practice, when selecting an AFA rate from among
the possible sources of information, has been to ensure that the margin
is sufficiently adverse ``as to effectuate the statutory purposes of
the adverse facts available rule to induce respondents to provide the
Department with complete and accurate information in a timely manner.''
See, e.g., Carbon and Certain Alloy Steel Wire Rod from Brazil: Notice
of Final Determination of Sales at Less Than Fair Value and Final
Negative Critical Circumstances, 67 FR 55792 (Aug. 30, 2002); Static
Random Access Memory Semiconductors from Taiwan: Final Determination of
Sales at Less than Fair Value, 63 FR 8909 (Feb. 23, 1998).
Additionally, the Department's practice has been to assign the highest
margin determined for any party in the LTFV investigation or in any
administrative review of a specific order to respondents who have
failed to cooperate with the Department. See, e.g., Sigma Corp. v.
United States, 117 F.3d 1401, 1411 (Fed. Cir. 1997).
In order to ensure that the margin is sufficiently adverse so as to
induce Nippon Steel's cooperation, the Department is assigning an AFA
rate of 36.41 percent ad valorem, the highest rate determined in this
proceeding, and the margin calculated for Nippon in the
[[Page 27457]]
original LTFV investigation using information provided by Nippon. See
Antidumping Duty Orders: Certain Corrosion-Resistant Carbon Steel Flat
Products From Japan, 58 FR 44163 (Aug. 19, 1993) (``AD Orders from
Japan'').
Section 776(c) of the Act provides that the Department shall, to
the extent practicable, corroborate ``secondary information'' used for
FA by reviewing independent sources reasonably at its disposal.
Secondary information is information derived from the petition that
gave rise to the investigation or review, the final determination
concerning the subject merchandise, or any previous review under
section 751of the Act, concerning the subject merchandise. See SAA at
870. Thus, information from a prior segment of the proceeding, such as
that used here, constitutes secondary information. See, e.g., Anhydrous
Sodium Metasilicate from France: Preliminary Results of Antidumping
Duty Administrative Review, 68 FR 44283 (July 28, 2003) (``Anhydrous
Sodium'') (unchanged in final).
The SAA provides that to ``corroborate'' means that the Department
will satisfy itself that the secondary information to be used has
probative value. See SAA at 870. To the extent practicable, the
Department will examine the reliability and relevance of the
information to be used. Unlike other types of information, such as
input costs or selling expenses, there are no independent sources from
which the Department can derive calculated dumping margins. The only
source for dumping margins is administrative determinations. In an
administrative review, if the Department chooses as AFA a calculated
dumping margin from a prior segment of the proceeding, it is not
necessary to question the reliability of the margin for that period.
See, Anhydrous Sodium, 68 FR at 44284. In this case, the Department is
using a calculated dumping margin from a prior segment of the
proceeding, namely the investigation. Because this margin is being
applied to the company for which it was originally calculated, the
Department finds that using this rate is appropriate.
In making a determination as to the relevance aspect of
corroboration, the Department will consider information reasonably at
its disposal regarding whether circumstances exist that would render
the chosen margin irrelevant. To do so, the Department conducted
research in an attempt to find data to corroborate the secondary
information. We were unable to find any useful information. See
Memorandum to the File from Christopher Hargett through James Terpstra,
``Research for Corroboration for Preliminary Results of the
Administrative Review for Corrosion Resistant Steel Flat Products from
Japan'' (May 3, 2006).
Further, there is no evidence indicating that the margin used as
AFA in this review is not appropriate. See Fresh Cut Flowers from
Mexico: Final Results of Antidumping Duty Administrative Review, 61 FR
6812 (Feb. 22, 1996) (discarding the highest margin because it was
based on another company's uncharacteristic business expenses); D&L
Supply Co. v. United States, 113 F.3d 1220, 1224 (Fed. Cir. 1997) (the
Department will not use a margin that has been judicially invalidated).
Absent any other information, we find the calculated rate from the
investigation to be appropriate in this case. Therefore, the
requirements of section 776(c) of the Act are satisfied, and we
determine that the 36.41 percent margin calculated in the LTFV
investigation is appropriate as AFA and are assigning it to Nippon
Steel.
The preliminary dumping margin is as follows:
------------------------------------------------------------------------
Dumping Margin
Producer/manufacturer/exporter (percent)
------------------------------------------------------------------------
Nippon Steel........................................ 36.41
------------------------------------------------------------------------
Public Comment
Pursuant to 19 CFR 351.309, interested parties may submit written
comments in response to these preliminary results. Case briefs must be
submitted within 30 days after the date of publication of this notice,
and rebuttal briefs, limited to arguments raised in case briefs, must
be submitted no later than five days after the time limit for filing
case briefs. Parties who submit argument in this proceeding are
requested to submit with the argument: (1) a statement of the issue,
and (2) a brief summary of the argument. Case and rebuttal briefs must
be served on interested parties in accordance with 19 CFR 351.303(f).
Also, pursuant to 19 CFR 351.310, within 30 days of the date of
publication of this notice, interested parties may request a public
hearing on arguments to be raised in the case and rebuttal briefs.
Unless the Secretary specifies otherwise, the hearing, if requested,
will be held two days after the date for submission of rebuttal briefs,
that is, thirty-seven days after the date of publication of these
preliminary results. The Department will publish the final results of
this administrative review, including the results of its analysis of
issues raised in any case or rebuttal brief or at a hearing not later
than 120 days after the date of publication of these preliminary
results.
Duty Assessment
Upon publication of the final results of this review, the
Department will instruct CBP to assess antidumping duties on all
appropriate entries. Because we are applying AFA to all exports of
subject merchandise produced or exported by Nippon Steel, we will
instruct CBP to assess the final percentage margin against the entered
customs values on all applicable entries during the period of review.
The Department will issue appropriate assessment instructions directly
to CBP within 15 days of publication of the final results of this
review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the POR produced by companies included in
these preliminary results of review for which the reviewed companies
did not know their merchandise was destined for the United States, as
well as any companies for which we are rescinding the review based on
claims of no shipments. In such instances, we will instruct CBP to
liquidate unreviewed entries at the All-Others rate if there is no rate
for the intermediate company(ies) involved in the transaction. For a
full discussion of this clarification, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise from Japan entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this administrative review, as provided by section
751(a)(1) of the Act: (1) The cash deposit rate for the reviewed
company will be the rate established in the final results of this
review; (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
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 be 36.41 percent, the
[[Page 27458]]
``All-Others'' rate established in the LTFV investigation.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice is in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 3, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-7223 Filed 5-10-06; 8:45 am]
BILLING CODE 3510-DS-S
