Stainless Steel Sheet and Strip in Coils From the Republic of Korea: Initiation of Countervailing Duty Changed Circumstances Review, 37541-37543 [E6-10379]
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Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Notices
Dated: June 22, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–10291 Filed 6–29–06; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–835]
Stainless Steel Sheet and Strip in Coils
From the Republic of Korea: Initiation
of Countervailing Duty Changed
Circumstances Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a March 22,
2006, request by Hyundai Steel
Company (Hyundai), claiming to be the
successor-in-interest to INI Steel
Company (INI), the Department of
Commerce (the Department) is initiating
a changed circumstances review of the
countervailing duty (CVD) order on
stainless steel sheet and strip in coils
(SSSSC) from the Republic of Korea
(Korea). Hyundai claims that INI
changed its corporate name to Hyundai
effective March 10, 2006. Therefore,
Hyundai maintains it is entitled to INI’s
cash deposit rate for the CVD order on
SSSSC from Korea. Interested parties are
invited to comment on this notice of
initiation.
AGENCY:
EFFECTIVE DATE:
June 30, 2006.
FOR FURTHER INFORMATION CONTACT:
Darla Brown or Preeti Tolani, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, Room 4014, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone (202) 482–2849 or
(202) 482–0395, respectively.
SUPPLEMENTARY INFORMATION:
rwilkins on PROD1PC63 with NOTICES_1
Background
On August 6, 1999, the Department
published in the Federal Register the
CVD order on SSSSC from Korea. See
Amendment to Final Determination:
Stainless Steel Sheet and Strip in Coils
From the Republic of Korea; and Notice
of Countervailing Duty Orders: Stainless
Steel Sheet and Strip in Coils From
France, Italy, and the Republic of South
Korea, 64 FR 42923 (August 6, 1999).
The Department has completed three
administrative reviews of this CVD
order 1 and is currently conducting a
1 See Final Results and Partial Rescission of
Countervailing Duty Administrative Review:
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16:30 Jun 29, 2006
Jkt 208001
fourth review.2 In September 2001 and
June 2002, respectively, the Department
initiated and issued the preliminary
results of a changed circumstances
review to determine whether INI was
entitled to Inchon’s cash deposit rate.3
In the Second Review the Department
determined to assign Inchon’s cash
deposit rate to INI, thereby eliminating
the need to complete the changed
circumstances review.4 The Department
has also published notice of
continuation of this order upon
completion of the first five-year (sunset)
review.5
On March 22, 2006, Hyundai
requested that the Department confirm
that Hyundai is entitled to INI’s cash
deposit rate for the CVD order.
Simultaneously, Hyundai requested a
changed circumstances review of the
antidumping duty (AD) order on SSSSC
from Korea for the purpose of
determining whether Hyundai is the
successor-in-interest to INI and is
entitled to INI’s exclusion from the AD
order. On April 11, 20, and 27, 2006,
Hyundai submitted additional
information in response to three
requests from the Department for
additional information. In response to
Hyundai’s request regarding the AD
order, on May 12, 2006, the Department
initiated a changed circumstances
Stainless Steel Sheet and Strip in Coils from the
Republic of Korea, 67 FR 1964 (January 15, 2002),
as amended, Stainless Steel Sheet and Strip in Coils
from Korea: Amended Final Results of
Countervailing Duty Administrative Review, 67 FR
8229 (February 22 2002); Final Results and Partial
Rescission of Countervailing Duty Administrative
Review: Stainless Steel Sheet and Strip in Coils
from the Republic of Korea, 68 FR 13267 (March 19,
2003), and accompanying Issues and Decision
Memorandum (Second Review); and Final Results
of Countervailing Duty Administrative Review:
Stainless Steel Sheet and Strip in Coils from the
Republic of Korea, 69 FR 2113 (January 14, 2004),
as amended, Amended Final Results of
Countervailing Duty Administrative Review:
Stainless Steel Sheet and Strip in Coils from Korea,
69 FR 7419 (February 17, 2004).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 70 FR 56631
(September 28, 2005) (initiation of review of Dai
Yang Metal Co., Ltd.).
3 See Stainless Steel Sheet and Strip in Coils from
the Republic of Korea; Notice of Initiation of
Changed Circumstances Countervailing Duty
Administrative Review, 66 FR 49639 (September 28,
2001), and Stainless Steel Sheet and Strip in Coils
from the Republic of Korea; Notice of Preliminary
Results of Changed Circumstances Countervailing
Duty Administrative Review, 67 FR 38257 (June 3,
2002).
4 See Second Review Decision Memorandum at
section ‘‘C: Name Changes.’’
5 See Continuation of Antidumping Duty Orders
on Stainless Steel Sheet and Strip in Coils from
Germany, Italy, Japan, the Republic of Korea,
Mexico, and Taiwan, and Countervailing Duty
Orders on Stainless Steel Sheet and Strip in Coils
from Italy and the Republic of Korea, 70 FR 44886
(August 4, 2005).
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37541
review and preliminarily determined
that Hyundai is the successor-in-interest
to INI and merchandise from Hyundai
should be excluded from the AD order.6
Scope of the Order
The products covered by this order
are certain stainless steel sheet and strip
in coils. Stainless steel is an alloy steel
containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
of chromium, with or without other
elements. The subject sheet and strip is
a flat-rolled product in coils that is
greater than 9.5 mm in width and less
than 4.75 mm in thickness, and that is
annealed or otherwise heat treated and
pickled or otherwise descaled. The
subject sheet and strip may also be
further processed (e.g., cold-rolled,
polished, aluminized, coated, etc.)
provided that it maintains the specific
dimensions of sheet and strip following
such processing.
The merchandise subject to this order
is classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheadings: 7219.13.0031,
7219.13.0051, 7219.13.0071,
7219.1300.817, 7219.14.0030,
7219.14.0065, 7219.14.0090,
7219.32.0005, 7219.32.0020,
7219.32.0025, 7219.32.0035,
7219.32.0036, 7219.32.0038,
7219.32.0042, 7219.32.0044,
7219.33.0005, 7219.33.0020,
7219.33.0025, 7219.33.0035,
7219.33.0036, 7219.33.0038,
7219.33.0042, 7219.33.0044,
7219.34.0005, 7219.34.0020,
7219.34.0025, 7219.34.0030,
7219.34.0035, 7219.35.0005,
7219.35.0015, 7219.35.0030,
7219.35.0035, 7219.90.0010,
7219.90.0020, 7219.90.0025,
7219.90.0060, 7219.90.0080,
7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015,
7220.20.1060, 7220.20.1080,
7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060,
7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015,
7220.20.7060, 7220.20.7080,
7220.20.8000, 7220.20.9030,
7220.20.9060, 7220.90.0010,
7220.90.0015, 7220.90.0060, and
7220.90.0080. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
6 See Notice of Initiation and Preliminary Results
of Changed Circumstances Antidumping Duty
Review: Stainless Steel Sheet and Strip in Coils
from the Republic of Korea, 71 FR 27680 (May 12,
2006) (AD Changed Circumstances Preliminary
Results).
7 Due to changes to the HTSUS numbers in 2001,
7219.13.0030, 7219.13.0050, 7219.13.0070, and
7219.13.0080 are now 7219.13.0031, 7219.13.0051,
7219.13.0071, and 7219.13.0081, respectively.
E:\FR\FM\30JNN1.SGM
30JNN1
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37542
Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Notices
Department’s written description of the
merchandise subject to this order is
dispositive.
Excluded from the scope of this order
are the following: (1) Sheet and strip
that is not annealed or otherwise heat
treated and pickled or otherwise
descaled, (2) sheet and strip that is cut
to length, (3) plate (i.e., flat-rolled
stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e.,
cold-rolled sections, with a prepared
edge, rectangular in shape, of a width of
not more than 9.5 mm), and (5) razor
blade steel. Razor blade steel is a flatrolled product of stainless steel, not
further worked than cold-rolled (coldreduced), in coils, of a width of not
more than 23 mm and a thickness of
0.266 mm or less, containing, by weight,
12.5 to 14.5 percent chromium, and
certified at the time of entry to be used
in the manufacture of razor blades. See
Chapter 72 of the HTSUS, ‘‘Additional
U.S. Note’’ 1(d).
The Department has determined that
certain additional specialty stainless
steel products are also excluded from
the scope of this order. These excluded
products are described below.
Flapper valve steel is excluded from
the scope of this order. Flapper valve
steel is defined as stainless steel strip in
coils containing, by weight, between
0.37 and 0.43 percent carbon, between
1.15 and 1.35 percent molybdenum, and
between 0.20 and 0.80 percent
manganese. This steel also contains, by
weight, phosphorus of 0.025 percent or
less, silicon of between 0.20 and 0.50
percent, and sulfur of 0.020 percent or
less. The product is manufactured by
means of vacuum arc remelting, with
inclusion controls for sulphide of no
more than 0.04 percent and for oxide of
no more than 0.05 percent. Flapper
valve steel has a tensile strength of
between 210 and 300 ksi, yield strength
of between 170 and 270 ksi, plus or
minus 8 ksi, and a hardness (Hv) of
between 460 and 590. Flapper valve
steel is most commonly used to produce
specialty flapper valves in compressors.
Also excluded is a product referred to
as suspension foil, a specialty steel
product used in the manufacture of
suspension assemblies for computer
disk drives. Suspension foil is described
as 302/304 grade or 202 grade stainless
steel of a thickness between 14 and 127
microns, with a thickness tolerance of
plus-or-minus 2.01 microns, and surface
glossiness of 200 to 700 percent Gs.
Suspension foil must be supplied in coil
widths of not more than 407 mm, and
with a mass of 225 kg or less. Roll marks
may only be visible on one side, with
no scratches of measurable depth. The
material must exhibit residual stresses
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16:30 Jun 29, 2006
Jkt 208001
of 2 mm maximum deflection, and
flatness of 1.6 mm over 685 mm length.
Certain stainless steel foil for
automotive catalytic converters is also
excluded from the scope of this order.
This stainless steel strip in coils is a
specialty foil with a thickness of
between 20 and 110 microns used to
produce a metallic substrate with a
honeycomb structure for use in
automotive catalytic converters. The
steel contains, by weight, carbon of no
more than 0.030 percent, silicon of no
more than 1.0 percent, manganese of no
more than 1.0 percent, chromium of
between 19 and 22 percent, aluminum
of no less than 5.0 percent, phosphorus
of no more than 0.045 percent, sulfur of
no more than 0.03 percent, lanthanum
of less than 0.002 or greater than 0.05
percent, and total rare earth elements of
more than 0.06 percent, with the
balance iron.
Permanent magnet iron-chromiumcobalt alloy stainless strip is also
excluded from the scope of this order.
This ductile stainless steel strip
contains, by weight, 26 to 30 percent
chromium, and 7 to 10 percent cobalt,
with the remainder of iron, in widths
228.6 mm or less, and a thickness
between 0.127 and 1.270 mm. It exhibits
magnetic remanence between 9,000 and
12,000 gauss, and a coercivity of
between 50 and 300 oersteds. This
product is most commonly used in
electronic sensors and is currently
available under proprietary trade names
such as ‘‘Arnokrome III.’’8
Certain electrical resistance alloy steel
is also excluded from the scope of this
order. This product is defined as a nonmagnetic stainless steel manufactured to
American Society of Testing and
Materials (ASTM) specification B344
and containing, by weight, 36 percent
nickel, 18 percent chromium, and 46
percent iron, and is most notable for its
resistance to high temperature
corrosion. It has a melting point of 1390
degrees Celsius and displays a creep
rupture limit of 4 kilograms per square
millimeter at 1000 degrees Celsius. This
steel is most commonly used in the
production of heating ribbons for circuit
breakers and industrial furnaces, and in
rheostats for railway locomotives. The
product is currently available under
proprietary trade names such as ‘‘Gilphy
36.’’9
Certain martensitic precipitationhardenable stainless steel is also
excluded from the scope of this order.
This high-strength, ductile stainless
steel product is designated under the
8 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
9 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Unified Numbering System (UNS) as
S45500-grade steel, and contains, by
weight, 11 to 13 percent chromium, and
7 to 10 percent nickel. Carbon,
manganese, silicon and molybdenum
each comprise, by weight, 0.05 percent
or less, with phosphorus and sulfur
each comprising, by weight, 0.03
percent or less. This steel has copper,
niobium, and titanium added to achieve
aging, and will exhibit yield strengths as
high as 1700 Mpa and ultimate tensile
strengths as high as 1750 Mpa after
aging, with elongation percentages of 3
percent or less in 50 mm. It is generally
provided in thicknesses between 0.635
and 0.787 mm, and in widths of 25.4
mm. This product is most commonly
used in the manufacture of television
tubes and is currently available under
proprietary trade names such as
‘‘Durphynox 17.’’10
Finally, three specialty stainless steels
typically used in certain industrial
blades and surgical and medical
instruments are also excluded from the
scope of this order. These include
stainless steel strip in coils used in the
production of textile cutting tools (e.g.,
carpet knives).11 This steel is similar to
AISI grade 420 but containing, by
weight, 0.5 to 0.7 percent of
molybdenum. The steel also contains,
by weight, carbon of between 1.0 and
1.1 percent, sulfur of 0.020 percent or
less, and includes between 0.20 and
0.30 percent copper and between 0.20
and 0.50 percent cobalt. This steel is
sold under proprietary names such as
‘‘GIN4 Mo.’’ The second excluded
stainless steel strip in coils is similar to
AISI 420–J2 and contains, by weight,
carbon of between 0.62 and 0.70
percent, silicon of between 0.20 and
0.50 percent, manganese of between
0.45 and 0.80 percent, phosphorus of no
more than 0.025 percent and sulfur of
no more than 0.020 percent. This steel
has a carbide density on average of 100
carbide particles per 100 square
microns. An example of this product is
‘‘GIN5’’ steel. The third specialty steel
has a chemical composition similar to
AISI 420 F, with carbon of between 0.37
and 0.43 percent, molybdenum of
between 1.15 and 1.35 percent, but
lower manganese of between 0.20 and
0.80 percent, phosphorus of no more
than 0.025 percent, silicon of between
0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product
is supplied with a hardness of more
than Hv 500 guaranteed after customer
10 ‘‘Durphynox
17’’ is a trademark of Imphy, S.A.
list of uses is illustrative and provided for
descriptive purposes only.
11 This
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Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Notices
processing, and is supplied as, for
example, ‘‘GIN6’’.
rwilkins on PROD1PC63 with NOTICES_1
Initiation of Changed Circumstances
Reviews
Section 751(b)(1) of the Tariff Act of
1930, as amended (the Act), requires a
changed circumstances review to be
conducted upon receipt of a request
containing information concerning
changed circumstances sufficient to
warrant a review. The Department has
recognized that a corporate name
change constitutes changed
circumstances sufficient to warrant a
review. See AD Changed Circumstances
Preliminary Results.
In the context of changed
circumstances reviews of an AD order
based on a name change or a change in
the company’s ownership or structure,
the Department relies on its ‘‘successorin-interest’’ analysis to determine
whether the successor remains
essentially the same entity as the
predecessor so that it is appropriate to
impose the existing AD cash deposit
rate of the predecessor on the successor.
However, the successor-in-interest test
for AD purposes may not fully address
whether it is appropriate to apply the
CVD cash deposit rate of a previously
examined company to its claimed
successor. As a result, the Department’s
preliminary results in the AD changed
circumstances review that Hyundai is
the successor-in-interest to INI may not
be instructive with respect to the CVD
order.
However, as noted above, the
Department has recognized that INI’s
corporate name change to Hyundai
constitutes changed circumstances
sufficient to warrant a review. We also
note that there is no concurrent
administrative review of INI in which
this name change could be examined.
Therefore, in accordance with section
751(b) of the Act and 19 CFR 351.216
and 351.221, based on information
concerning changed circumstances
sufficient to warrant a review, as
described above, we are initiating this
changed circumstances administrative
review of the CVD order.
Public Comment
Interested parties are invited to
comment on the initiation of this
changed circumstances review. 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. All written comments may be
submitted by interested parties not later
than 14 days after the date of
publication of this notice in accordance
with 19 CFR 351.303.
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16:30 Jun 29, 2006
Jkt 208001
The Department will publish in the
Federal Register a notice of preliminary
results of changed circumstances
review, in accordance with 19 CFR
351.221(c)(3), which will set forth the
factual and legal conclusions upon
which our preliminary results are based,
and a description of any action
proposed based on those results.
This notice is in accordance with
section 751(b)(1) of the Act and 19 CFR
351.216 and 351.221.
Dated: June 15, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–10379 Filed 6–29–06; 8:45 am]
37543
Telephone: (202) 482–4663. Fax: (202)
482–2718.
Nancy Hesser,
Manager, Commercial Service Trade Missions
Program.
[FR Doc. E6–10318 Filed 6–29–06; 8:45 am]
BILLING CODE 3510–25–P
DEPARTMENT OF COMMERCE
International Trade Administration
The President’s Export Council:
Meeting of the President’s Export
Council
BILLING CODE 3510–DS–P
International Trade
Administration, U.S. Department of
Commerce.
DEPARTMENT OF COMMERCE
ACTION:
International Trade Administration
SUMMARY: The President’s Export
Council will hold a meeting to discuss
topics related to export expansion. The
meeting will include discussion of trade
priorities and initiatives, PEC
subcommittee activity and proposed
letters of recommendation to the
President. The PEC was established on
December 20, 1973, and reconstituted
May 4, 1979, to advise the President on
matters relating to U.S. trade. It was
most recently renewed by Executive
Order 13316.
Notice of Meetings
International Trade
Administration, Department of
Commerce.
AGENCY:
ACTION:
Notice.
SUMMARY: The Commerce Department’s
International Trade Administration
(ITA) and its U.S. Commercial Service
posts in India will host a U.S. delegation
to the India Business Summit to be led
by Under Secretary for International
Trade Franklin L. Lavin, November 29–
30, 2006, followed by spin-off missions
in six Indian cities, December 4–5, 2006.
Leaders of U.S. business, industry,
education, and state and local
government are among those
encouraged to take part in the Summit,
where strategic breakout sessions will
provide access to India’s high-level
business, industry, and government
representatives and insights into the
country’s trade and investment climate.
Following the Summit, the U.S.
Commercial Service posts in India will
concurrently host spin-off missions for
U.S. exporters in Bangalore, Calcutta,
Chennai, Hyderabad, Mumbai, and New
Delhi. The spin-off missions will be
open to qualified U.S. business
representatives in a wide range of
sectors and will include market
briefings, networking receptions, and
one-on-one business appointments with
prospective agents, distributors,
partners, and end-users.
FOR FURTHER INFORMATION CONTACT:
Nancy Hesser at the Department of
Commerce in Washington, DC.
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Fmt 4703
Sfmt 4703
AGENCY:
Notice of an open meeting.
July 19, 2006.
Time: TBD.
Location: TBD, Washington, DC. This
program will be physically accessible to
people with disabilities. Seating is
limited and will be on a first come, first
served basis. Requests for sign language
interpretation, other auxiliary aids, or
pre-registration, should be submitted no
later than July 10, 2006, to J. Marc
Chittum, President’s Export Council,
Room 4043, 1401 Constitution Avenue,
NW., Washington, DC 20230, telephone
(202) 482–1124, or e-mail
Marc.Chittum@mail.doc.gov.
DATES:
The
President’s Export Council Executive
Secretariat, Room 4043, Washington, DC
20230, phone (202) 482–1124, or visit
1the PEC Web site, https://
www.ita.doc.gov/td/pec.
FOR FURTHER INFORMATION CONTACT:
Dated: June 26, 2006.
J. Marc Chittum,
Executive Secretary and Staff Director,
President’s Export Council.
[FR Doc. 06–5931 Filed 6–29–06; 8:45 am]
BILLING CODE 3510–DR–P
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Agencies
[Federal Register Volume 71, Number 126 (Friday, June 30, 2006)]
[Notices]
[Pages 37541-37543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10379]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-835]
Stainless Steel Sheet and Strip in Coils From the Republic of
Korea: Initiation of Countervailing Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a March 22, 2006, request by Hyundai Steel
Company (Hyundai), claiming to be the successor-in-interest to INI
Steel Company (INI), the Department of Commerce (the Department) is
initiating a changed circumstances review of the countervailing duty
(CVD) order on stainless steel sheet and strip in coils (SSSSC) from
the Republic of Korea (Korea). Hyundai claims that INI changed its
corporate name to Hyundai effective March 10, 2006. Therefore, Hyundai
maintains it is entitled to INI's cash deposit rate for the CVD order
on SSSSC from Korea. Interested parties are invited to comment on this
notice of initiation.
EFFECTIVE DATE: June 30, 2006.
FOR FURTHER INFORMATION CONTACT: Darla Brown or Preeti Tolani, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, Room 4014, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-2849
or (202) 482-0395, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 1999, the Department published in the Federal Register
the CVD order on SSSSC from Korea. See Amendment to Final
Determination: Stainless Steel Sheet and Strip in Coils From the
Republic of Korea; and Notice of Countervailing Duty Orders: Stainless
Steel Sheet and Strip in Coils From France, Italy, and the Republic of
South Korea, 64 FR 42923 (August 6, 1999). The Department has completed
three administrative reviews of this CVD order \1\ and is currently
conducting a fourth review.\2\ In September 2001 and June 2002,
respectively, the Department initiated and issued the preliminary
results of a changed circumstances review to determine whether INI was
entitled to Inchon's cash deposit rate.\3\ In the Second Review the
Department determined to assign Inchon's cash deposit rate to INI,
thereby eliminating the need to complete the changed circumstances
review.\4\ The Department has also published notice of continuation of
this order upon completion of the first five-year (sunset) review.\5\
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\1\ See Final Results and Partial Rescission of Countervailing
Duty Administrative Review: Stainless Steel Sheet and Strip in Coils
from the Republic of Korea, 67 FR 1964 (January 15, 2002), as
amended, Stainless Steel Sheet and Strip in Coils from Korea:
Amended Final Results of Countervailing Duty Administrative Review,
67 FR 8229 (February 22 2002); Final Results and Partial Rescission
of Countervailing Duty Administrative Review: Stainless Steel Sheet
and Strip in Coils from the Republic of Korea, 68 FR 13267 (March
19, 2003), and accompanying Issues and Decision Memorandum (Second
Review); and Final Results of Countervailing Duty Administrative
Review: Stainless Steel Sheet and Strip in Coils from the Republic
of Korea, 69 FR 2113 (January 14, 2004), as amended, Amended Final
Results of Countervailing Duty Administrative Review: Stainless
Steel Sheet and Strip in Coils from Korea, 69 FR 7419 (February 17,
2004).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 70 FR
56631 (September 28, 2005) (initiation of review of Dai Yang Metal
Co., Ltd.).
\3\ See Stainless Steel Sheet and Strip in Coils from the
Republic of Korea; Notice of Initiation of Changed Circumstances
Countervailing Duty Administrative Review, 66 FR 49639 (September
28, 2001), and Stainless Steel Sheet and Strip in Coils from the
Republic of Korea; Notice of Preliminary Results of Changed
Circumstances Countervailing Duty Administrative Review, 67 FR 38257
(June 3, 2002).
\4\ See Second Review Decision Memorandum at section ``C: Name
Changes.''
\5\ See Continuation of Antidumping Duty Orders on Stainless
Steel Sheet and Strip in Coils from Germany, Italy, Japan, the
Republic of Korea, Mexico, and Taiwan, and Countervailing Duty
Orders on Stainless Steel Sheet and Strip in Coils from Italy and
the Republic of Korea, 70 FR 44886 (August 4, 2005).
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On March 22, 2006, Hyundai requested that the Department confirm
that Hyundai is entitled to INI's cash deposit rate for the CVD order.
Simultaneously, Hyundai requested a changed circumstances review of the
antidumping duty (AD) order on SSSSC from Korea for the purpose of
determining whether Hyundai is the successor-in-interest to INI and is
entitled to INI's exclusion from the AD order. On April 11, 20, and 27,
2006, Hyundai submitted additional information in response to three
requests from the Department for additional information. In response to
Hyundai's request regarding the AD order, on May 12, 2006, the
Department initiated a changed circumstances review and preliminarily
determined that Hyundai is the successor-in-interest to INI and
merchandise from Hyundai should be excluded from the AD order.\6\
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\6\ See Notice of Initiation and Preliminary Results of Changed
Circumstances Antidumping Duty Review: Stainless Steel Sheet and
Strip in Coils from the Republic of Korea, 71 FR 27680 (May 12,
2006) (AD Changed Circumstances Preliminary Results).
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Scope of the Order
The products covered by this order are certain stainless steel
sheet and strip in coils. Stainless steel is an alloy steel containing,
by weight, 1.2 percent or less of carbon and 10.5 percent or more of
chromium, with or without other elements. The subject sheet and strip
is a flat-rolled product in coils that is greater than 9.5 mm in width
and less than 4.75 mm in thickness, and that is annealed or otherwise
heat treated and pickled or otherwise descaled. The subject sheet and
strip may also be further processed (e.g., cold-rolled, polished,
aluminized, coated, etc.) provided that it maintains the specific
dimensions of sheet and strip following such processing.
The merchandise subject to this order is classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings:
7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81\7\,
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020,
7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042,
7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035,
7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.34.0005,
7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.35.0005,
7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020,
7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005,
7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000,
7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060,
and 7220.90.0080. Although the HTSUS subheadings are provided for
convenience and customs purposes, the
[[Page 37542]]
Department's written description of the merchandise subject to this
order is dispositive.
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\7\ Due to changes to the HTSUS numbers in 2001, 7219.13.0030,
7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031,
7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively.
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Excluded from the scope of this order are the following: (1) Sheet
and strip that is not annealed or otherwise heat treated and pickled or
otherwise descaled, (2) sheet and strip that is cut to length, (3)
plate (i.e., flat-rolled stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a
prepared edge, rectangular in shape, of a width of not more than 9.5
mm), and (5) razor blade steel. Razor blade steel is a flat-rolled
product of stainless steel, not further worked than cold-rolled (cold-
reduced), in coils, of a width of not more than 23 mm and a thickness
of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent
chromium, and certified at the time of entry to be used in the
manufacture of razor blades. See Chapter 72 of the HTSUS, ``Additional
U.S. Note'' 1(d).
The Department has determined that certain additional specialty
stainless steel products are also excluded from the scope of this
order. These excluded products are described below.
Flapper valve steel is excluded from the scope of this order.
Flapper valve steel is defined as stainless steel strip in coils
containing, by weight, between 0.37 and 0.43 percent carbon, between
1.15 and 1.35 percent molybdenum, and between 0.20 and 0.80 percent
manganese. This steel also contains, by weight, phosphorus of 0.025
percent or less, silicon of between 0.20 and 0.50 percent, and sulfur
of 0.020 percent or less. The product is manufactured by means of
vacuum arc remelting, with inclusion controls for sulphide of no more
than 0.04 percent and for oxide of no more than 0.05 percent. Flapper
valve steel has a tensile strength of between 210 and 300 ksi, yield
strength of between 170 and 270 ksi, plus or minus 8 ksi, and a
hardness (Hv) of between 460 and 590. Flapper valve steel is most
commonly used to produce specialty flapper valves in compressors.
Also excluded is a product referred to as suspension foil, a
specialty steel product used in the manufacture of suspension
assemblies for computer disk drives. Suspension foil is described as
302/304 grade or 202 grade stainless steel of a thickness between 14
and 127 microns, with a thickness tolerance of plus-or-minus 2.01
microns, and surface glossiness of 200 to 700 percent Gs. Suspension
foil must be supplied in coil widths of not more than 407 mm, and with
a mass of 225 kg or less. Roll marks may only be visible on one side,
with no scratches of measurable depth. The material must exhibit
residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm
over 685 mm length.
Certain stainless steel foil for automotive catalytic converters is
also excluded from the scope of this order. This stainless steel strip
in coils is a specialty foil with a thickness of between 20 and 110
microns used to produce a metallic substrate with a honeycomb structure
for use in automotive catalytic converters. The steel contains, by
weight, carbon of no more than 0.030 percent, silicon of no more than
1.0 percent, manganese of no more than 1.0 percent, chromium of between
19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of
no more than 0.045 percent, sulfur of no more than 0.03 percent,
lanthanum of less than 0.002 or greater than 0.05 percent, and total
rare earth elements of more than 0.06 percent, with the balance iron.
Permanent magnet iron-chromium-cobalt alloy stainless strip is also
excluded from the scope of this order. This ductile stainless steel
strip contains, by weight, 26 to 30 percent chromium, and 7 to 10
percent cobalt, with the remainder of iron, in widths 228.6 mm or less,
and a thickness between 0.127 and 1.270 mm. It exhibits magnetic
remanence between 9,000 and 12,000 gauss, and a coercivity of between
50 and 300 oersteds. This product is most commonly used in electronic
sensors and is currently available under proprietary trade names such
as ``Arnokrome III.''\8\
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\8\ ``Arnokrome III'' is a trademark of the Arnold Engineering
Company.
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Certain electrical resistance alloy steel is also excluded from the
scope of this order. This product is defined as a non-magnetic
stainless steel manufactured to American Society of Testing and
Materials (ASTM) specification B344 and containing, by weight, 36
percent nickel, 18 percent chromium, and 46 percent iron, and is most
notable for its resistance to high temperature corrosion. It has a
melting point of 1390 degrees Celsius and displays a creep rupture
limit of 4 kilograms per square millimeter at 1000 degrees Celsius.
This steel is most commonly used in the production of heating ribbons
for circuit breakers and industrial furnaces, and in rheostats for
railway locomotives. The product is currently available under
proprietary trade names such as ``Gilphy 36.''\9\
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\9\ ``Gilphy 36'' is a trademark of Imphy, S.A.
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Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of this order. This high-strength, ductile
stainless steel product is designated under the Unified Numbering
System (UNS) as S45500-grade steel, and contains, by weight, 11 to 13
percent chromium, and 7 to 10 percent nickel. Carbon, manganese,
silicon and molybdenum each comprise, by weight, 0.05 percent or less,
with phosphorus and sulfur each comprising, by weight, 0.03 percent or
less. This steel has copper, niobium, and titanium added to achieve
aging, and will exhibit yield strengths as high as 1700 Mpa and
ultimate tensile strengths as high as 1750 Mpa after aging, with
elongation percentages of 3 percent or less in 50 mm. It is generally
provided in thicknesses between 0.635 and 0.787 mm, and in widths of
25.4 mm. This product is most commonly used in the manufacture of
television tubes and is currently available under proprietary trade
names such as ``Durphynox 17.''\10 \
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\10\ ``Durphynox 17'' is a trademark of Imphy, S.A.
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Finally, three specialty stainless steels typically used in certain
industrial blades and surgical and medical instruments are also
excluded from the scope of this order. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
carpet knives).\11\ This steel is similar to AISI grade 420 but
containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also
contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of
0.020 percent or less, and includes between 0.20 and 0.30 percent
copper and between 0.20 and 0.50 percent cobalt. This steel is sold
under proprietary names such as ``GIN4 Mo.'' The second excluded
stainless steel strip in coils is similar to AISI 420-J2 and contains,
by weight, carbon of between 0.62 and 0.70 percent, silicon of between
0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent,
phosphorus of no more than 0.025 percent and sulfur of no more than
0.020 percent. This steel has a carbide density on average of 100
carbide particles per 100 square microns. An example of this product is
``GIN5'' steel. The third specialty steel has a chemical composition
similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent,
molybdenum of between 1.15 and 1.35 percent, but lower manganese of
between 0.20 and 0.80 percent, phosphorus of no more than 0.025
percent, silicon of between 0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product is supplied with a hardness of
more than Hv 500 guaranteed after customer
[[Page 37543]]
processing, and is supplied as, for example, ``GIN6''.
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\11\ This list of uses is illustrative and provided for
descriptive purposes only.
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Initiation of Changed Circumstances Reviews
Section 751(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires a changed circumstances review to be conducted upon receipt of
a request containing information concerning changed circumstances
sufficient to warrant a review. The Department has recognized that a
corporate name change constitutes changed circumstances sufficient to
warrant a review. See AD Changed Circumstances Preliminary Results.
In the context of changed circumstances reviews of an AD order
based on a name change or a change in the company's ownership or
structure, the Department relies on its ``successor-in-interest''
analysis to determine whether the successor remains essentially the
same entity as the predecessor so that it is appropriate to impose the
existing AD cash deposit rate of the predecessor on the successor.
However, the successor-in-interest test for AD purposes may not fully
address whether it is appropriate to apply the CVD cash deposit rate of
a previously examined company to its claimed successor. As a result,
the Department's preliminary results in the AD changed circumstances
review that Hyundai is the successor-in-interest to INI may not be
instructive with respect to the CVD order.
However, as noted above, the Department has recognized that INI's
corporate name change to Hyundai constitutes changed circumstances
sufficient to warrant a review. We also note that there is no
concurrent administrative review of INI in which this name change could
be examined. Therefore, in accordance with section 751(b) of the Act
and 19 CFR 351.216 and 351.221, based on information concerning changed
circumstances sufficient to warrant a review, as described above, we
are initiating this changed circumstances administrative review of the
CVD order.
Public Comment
Interested parties are invited to comment on the initiation of this
changed circumstances review. 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. All written
comments may be submitted by interested parties not later than 14 days
after the date of publication of this notice in accordance with 19 CFR
351.303.
The Department will publish in the Federal Register a notice of
preliminary results of changed circumstances review, in accordance with
19 CFR 351.221(c)(3), which will set forth the factual and legal
conclusions upon which our preliminary results are based, and a
description of any action proposed based on those results.
This notice is in accordance with section 751(b)(1) of the Act and
19 CFR 351.216 and 351.221.
Dated: June 15, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-10379 Filed 6-29-06; 8:45 am]
BILLING CODE 3510-DS-P