Stainless Steel Sheet and Strip in Coils From Taiwan; Final Results and Partial Rescission of Antidumping Duty Administrative Review, 75504-75507 [E6-21440]
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Federal Register / Vol. 71, No. 241 / Friday, December 15, 2006 / Notices
28, 2006. See Notice of Extension of
Time Limit for Preliminary Results of
Antidumping Duty Administrative
Review: Stainless Steel Bar from Spain,
71 FR 69550 (December 1, 2006)
(Extension Notice). Subsequent to the
publication of the Extension Notice in
the Federal Register we identified an
inadvertent error.
The Extension Notice states
incorrectly that we are extending the
time period for issuing the preliminary
results of this review to February 13,
2006. The Extension Notice is hereby
corrected to read that we are extending
the time period for issuing the
preliminary results of this review to
February 13, 2007.
This correction is issued and
published in accordance with section
777(i) of the Tariff Act of 1930, as
amended.
Dated: December 11, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–21438 Filed 12–14–06; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
A–583–831
Stainless Steel Sheet and Strip in Coils
From Taiwan; Final Results and Partial
Rescission of Antidumping Duty
Administrative Review
AGENCY: Import
Administration, International Trade
Administration, Department of
Commerce.
SUMMARY: On August 9, 2006, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results and
partial rescission of the administrative
review of the antidumping duty order
on stainless steel sheet and strip in coils
from Taiwan. This review covers 15
manufacturers/exporters. The period of
review (POR) is July 1, 2004, through
June 30, 2005.
We provided interested parties with
an opportunity to comment on the
preliminary results of review. After
analyzing the comments received, we
corrected one programming error in the
margin calculation for one respondent,
Chia Far Industrial Factory Co., Ltd.
(Chia Far). Therefore, the final results of
review differ from the preliminary
results of review. The final weighted–
average dumping margins for the
reviewed firms are listed below in the
section entitled ‘‘Final Results of
Review.’’
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December 15, 2006.
FOR FURTHER INFORMATION CONTACT:
Melissa Blackledge or Howard Smith,
AD/CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3518 or (202) 482–
5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
The following events occurred after
the Department published the
preliminary results of the instant
administrative review in the Federal
Register. See Stainless Steel Sheet and
Strip in Coils from Taiwan: Preliminary
Results and Rescission in Part of
Antidumping Duty Administrative
Review, 71 FR 45521 (August 9, 2006)
(Preliminary Results). In response to the
Department’s invitation to comment on
the Preliminary Results, the petitioners1
and Chia Far filed case briefs on
September 8, 2006. Chia Far and
petitioners filed rebuttal briefs on
September 15, 2006.
Period of Review
The POR is July 1, 2004, through June
30, 2005.
DEPARTMENT OF COMMERCE
AGENCY:
EFFECTIVE DATE:
Scope of the Order
The products covered by the 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 the order
is classified in the Harmonized Tariff
Schedule of the United States (HTS) at
subheadings: 7219.13.0031,
7219.13.0051, 7219.13.0071,
7219.1300.812, 7219.14.0030,
1 The petitioners are Allegheny Ludlum
Corporation, United Auto Workers Local 3303
(formerly Butler Armco Independent Union), North
American Stainless (except as to Ta Chen and its
affiliates), United Steelworkers of America, AFLCIO/CLC, and Zanesville Armco Independent
Organization (collectively, ‘‘petitioners’’).
2 Due to changes to the HTS numbers in 2001,
7219.13.0030, 7219.13.0050, 7219.13.0070, and
7219.13.0080 are now 7219.13.0031, 7219.13.0051,
7219.13.0071, and 7219.13.0081, respectively.
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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 HTS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise under the order is
dispositive.
Excluded from the scope of the order
are the following: (1) sheet and strip that
is not annealed or otherwise heat treated
and pickled or otherwise descaled, (2)
sheet and strip that is cut to length, (3)
plate (i.e., flat–rolled stainless steel
products of a thickness of 4.75 mm or
more), (4) flat wire (i.e., cold–rolled
sections, with a prepared edge,
rectangular in shape, of a width of not
more than 9.5 mm), and (5) razor blade
steel. Razor blade steel is a flat–rolled
product of stainless steel, not further
worked than cold–rolled (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 HTS, ‘‘Additional U.S.
Note’’ 1(d).
In response to comments by interested
parties, the Department has determined
that certain specialty stainless steel
products are also excluded from the
scope of the order. These excluded
products are described below.
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
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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 the 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 the 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
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available under proprietary trade names
such as ‘‘Arnokrome III.’’3
Certain electrical resistance alloy steel
is also excluded from the scope of the
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.’’4
Certain martensitic precipitation–
hardenable stainless steel is also
excluded from the scope of the 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.’’5
Finally, three specialty stainless steels
typically used in certain industrial
blades and surgical and medical
instruments are also excluded from the
scope of the order. These include
stainless steel strip in coils used in the
production of textile cutting tools (e.g.,
carpet knives).6 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
3 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
4 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A.
5 ‘‘Durphynox 17’’ is a trademark of Imphy, S.A.
6 This list of uses is illustrative and provided for
descriptive purposes only.
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1.1 percent, sulfur of 0.020 percent or
less, and includes between 0.20 and
0.30 percent copper and between 0.20
and 0.50 percent cobalt. This steel is
sold under proprietary names such as
‘‘GIN4 Mo.’’ The second excluded
stainless steel strip in coils is similar to
AISI 420–J2 and contains, by weight,
carbon of between 0.62 and 0.70
percent, silicon of between 0.20 and
0.50 percent, manganese of between
0.45 and 0.80 percent, phosphorus of no
more than 0.025 percent and sulfur of
no more than 0.020 percent. This steel
has a carbide density on average of 100
carbide particles per 100 square
microns. An example of this product is
‘‘GIN5’’ steel. The third specialty steel
has a chemical composition similar to
AISI 420 F, with carbon of between 0.37
and 0.43 percent, molybdenum of
between 1.15 and 1.35 percent, but
lower manganese of between 0.20 and
0.80 percent, phosphorus of no more
than 0.025 percent, silicon of between
0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product
is supplied with a hardness of more
than Hv 500 guaranteed after customer
processing, and is supplied as, for
example, ‘‘GIN6.’’7
Partial Rescission of Review
In the Preliminary Results notice, we
stated that we were preliminarily
rescinding the instant review with
respect to Ta Chen Stainless Pipe Co.,
Ltd. (Ta Chen), Yieh United Steel Corp.
(YUSCO), Yieh Mau Corp. (Yieh Mau),
Chain Chon Industrial Co., Ltd. (Chain
Chon), Yieh Loong Enterprise Company,
Ltd. (Yieh Loong), and China Steel
Corporation (China Steel), because
record evidence supported their claims
that they made no shipments of subject
merchandise during the POR. The
record evidence relied upon by the
Department included U.S. Customs and
Border Protection (CBP) data and
customs entry documents which the
Department placed on the record of this
review. Parties did not comment on this
record evidence. Because the record
evidence does not call into question the
parties’ no shipments claims, we are
rescinding this administrative review
with respect to Ta Chen, YUSCO, Yieh
Mau, Chain Chon, Yieh Loong, and
China Steel pursuant to 19 CFR
351.213(d)(3). In addition, for the
reasons explained in the Preliminary
Results notice, we are rescinding this
review with respect to Emerdex
Stainless Flat–Rolled Products, Inc.,
Emerdex Stainless Steel, Inc., and the
7 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ and ‘‘GIN6’’ are the
proprietary grades of Hitachi Metals America, Ltd.
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Emerdex Group. See Preliminary
Results, 71 FR 45521.
Analysis of Comments Received
All issues raised in the parties’ case
and rebuttal briefs commenting on this
administrative review are addressed in
the Issues and Decision Memorandum
from Stephen J. Claeys, Deputy
Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, dated December 7,
2006, which is hereby adopted by this
notice. A list of the issues that parties
have raised and to which we have
responded, all of which are in the Issues
and Decision Memorandum, is attached
to this notice as an Appendix. Parties
can find a complete discussion of all
issues raised in this review, and the
corresponding recommendations, in the
public Issues and Decision
Memorandum that is on file in the
Central Records Unit, Room B–099 of
the main Department building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Web at
https://ia.ita.doc.gov/frn/index. The
paper copy and electronic version of the
Issues and Decision Memorandum are
identical in content.
Use of Facts Available
In the preliminary results of review,
we assigned a dumping margin based on
total adverse facts available (AFA) to the
following companies, pursuant to
section 776 of the Act, because they
failed to respond to the Department’s
questionnaire: PFP Taiwan Co., Ltd.,
Yieh Trading Corporation, Goang Jau
Shing Enterprise Co., Ltd., Chien Shing
Stainless Steel Company Ltd., and Tang
Eng Iron Works Company, Ltd. That
margin, 21.10 percent, is the highest
appropriate dumping margin from this
or any prior segment of the instant
proceeding. No parties commented on
the Department’s decision to apply total
AFA to these companies. For the
Manufacturer/Exporter/Reseller
reasons noted in the Preliminary Results
notice, we have continued to assign the
above–mentioned companies an AFA
rate of 21.10 percent.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have corrected
one programming error in calculating
the dumping margin for one respondent,
Chia Far. For additional information,
see Analysis Memorandum for Chia Far
Industrial Factory Co., Ltd. for the Final
Results of the Administrative Review of
the Antidumping Duty Order on
Stainless Steel Sheet and Strip in Coils
from Taiwan covering the period July 1,
2004, through June 30, 2005, dated
December 7, 2006.
Final Results of Review
We determine that the following
weighted–average percentage margins
exist for the period July 1, 2004, through
June 30, 2005:
Weighted–Average Margin (percentage)
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Chia Far Industrial Factory Co., Ltd. (Chia Far) .................................................................................
Goang Jau Shing Enterprise Co., Ltd. ................................................................................................
PFP Taiwan Co., Ltd. ..........................................................................................................................
Yieh Trading Corporation ....................................................................................................................
Chien Shing Stainless Steel Company Ltd. ........................................................................................
Tang Eng Iron Works Company, Ltd. ..................................................................................................
Assessment
The Department has determined, and
CBP shall assess, antidumping duties on
all appropriate entries. In accordance
with 19 C.F.R. § 351.212(b)(1), where
possible, the Department calculated
importer–specific assessment rates for
merchandise subject to this review.
Where the importer–specific assessment
rate is above de minimis, we will
instruct CBP to assess the importer–
specific rate uniformly on the entered
customs value of all entries of subject
merchandise made by the importer
during the POR. To determine whether
the per–unit duty assessment rates were
de minimis (i.e., less than 0.50 percent
ad valorem), in accordance with the
requirement set forth in 19 C.F.R.
§ 351.106(c)(2), we calculated importer–
specific ad valorem ratios based on the
export prices. For the respondents
receiving dumping margins based upon
AFA, the Department will instruct CBP
to liquidate entries according to the
AFA ad valorem rate. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of this final results of
review.
The Department clarified its
‘‘automatic assessment’’ regulation in
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Antidumping and Countervailing Duty
Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May
6, 2003). This clarification applies to
POR entries of subject merchandise
produced by companies included in
these final results where the companies
did not know that their merchandise
was destined for the United States. 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 deposit requirements
will be effective upon publication of
this notice of final results of
administrative review for all shipments
of stainless steel sheet and strip in coils
from Taiwan entered, or withdrawn
from warehouse, for consumption on or
after the date of publication, as provided
by section 751(a)(1) of the Act: (1) the
cash deposit rate for each of the
reviewed companies will be the rate
listed for the company in the ‘‘Final
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0.79
21.10
21.10
21.10
21.10
21.10
Results of Review’’ section above
(except if the rate for a particular
company is de minimis, i.e., less than
0.5 percent, no cash deposit will be
required for that company); (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 less–than-fair–value
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) if neither the
exporter nor the manufacturer is a firm
covered in these or any previous
reviews conducted by the Department,
the cash deposit rate will be the ‘‘all
others’’ rate, which is 12.61 percent.
These deposit requirements shall
remain in effect until publication of the
final results of the next administrative
review.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under section
351.402(f)(2) of the Department’s
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regulations to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with section 351.305 of the
Department’s regulations, which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation that
is subject to sanction.
We are issuing and publishing these
results and this notice in accordance
with sections 751(a)(1) and 771(i) of the
Act.
Dated: December 7, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix I -- Issues In The Issues And
Decision Memorandum
List Of Issues Discussed
A. Issues with Respect to Chia Far
Comment 1: Home Market Early
Payment Discounts
Comment 2: U.S. Indirect Selling
Expenses
Comment 3: Work–In-Process Inventory
Comment 4: Minor Input from Affiliates
Comment 5: Improperly Excluded U.S.
Sales
[FR Doc. E6–21440 Filed 12–14–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
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International Trade Administration
Application of the Countervailing Duty
Law to Imports From the People’s
Republic of China: Request for
Comment
Import Administration,
International Trade Administration,
Department of Commerce
DATES: Effective Date: December 15,
2006.
AGENCY:
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SUMMARY: The Department of Commerce
invites comments on the applicability of
the countervailing duty law to imports
from the People’s Republic of China.
DATES: Comments must be submitted no
later than thirty days after publication of
this Notice.
ADDRESSES: Written comments (original
and eight copies) should be sent to
Susan H. Kuhbach, Senior Office
Director for Import Administration, U.S.
Department of Commerce, Central
Records Unit, Room 1870, Pennsylvania
Avenue and 14th Street, NW.,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
Callie Conroy or David Layton, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230,
telephone: 202–482–0754 or 202–482–
0371, respectively.
Background
In 1986, the Court of Appeals for the
Federal Circuit affirmed that the
Department of Commerce (the
Department) has the discretion not to
apply the countervailing duty (CVD) law
to non-market economy (NME)
countries in Georgetown Steel Corp. v.
United States, 801 F.2d 1308 (Fed. Cir.
1986) (Georgetown Steel). On November
20, the Department initiated a
countervailing duty investigation on
imports of coated free sheet paper from
the People’s Republic of China (PRC).
This is the first CVD investigation
involving the PRC since 1991, when the
Department initiated investigations on
lugnuts and ceiling fans, which were
terminated before going to order. See
Rescission of Initiation of
Countervailing Duty Investigation and
Dismissal of Petition: Chrome-Plated
Lug Nuts and Wheel Locks From the
People’s Republic of China (‘‘PRC’’), 57
FR 10459 (March 26, 1992); and Final
Negative Countervailing Duty
Determinations: Oscillating and Ceiling
Fans From the People’s Republic of
China, 57 FR 24018 (June 5, 1992). In
both cases, the Department did not find
at that time a basis for applying the CVD
law to the industry in question,
consistent with Georgetown Steel. The
initiation of the present investigation
requires that the Department review its
long-standing policy of not applying the
CVD law to NMEs, such as the PRC.
The Department intends during the
course of the present investigation to
determine whether the countervailing
duty law should now be applied to
imports from the PRC. Given the
complex legal and policy issues
involved, the Department, therefore,
invites public comment on this matter.
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Persons wishing to comment should
file a signed original and eight copies of
each set of comments before the close of
the comment period. Comments should
be limited to thirty pages, double
spaced. The Department will not accept
comments accompanied by a request
that a part or all of the material be
treated confidentially because of its
business proprietary nature or for any
other reason. All comments responding
to this notice will be a matter of public
record and will be available for public
inspection and copying at Import
Administration’s Central Records Unit,
Room B–099, between the hours of 8:30
a.m. and 5 p.m. on business days. The
Department requires that comments be
submitted in written form, but also
recommends submission of comments
in electronic form to accompany the
required paper copies. Comments filed
in electronic form should be submitted
either by e-mail to the webmaster below,
or on CD–ROM, as comments submitted
on diskettes are likely to be damaged by
postal radiation treatment. Comments
received in electronic form will be made
available to the public in Portable
Document Format (PDF) on the Internet
at the Import Administration Web site at
the following address: https://
ia.ita.doc.gov/. Any questions
concerning file formatting, document
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addressed to Andrew Lee Beller, Import
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All comments and submissions
should be mailed to Susan H. Kuhbach,
Senior Office Director for Import
Administration; Subject: Application of
the Countervailing Duty Law to Imports
from the People’s Republic of China:
Request for Comment; Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC, by no later than 5 p.m.,
on the above-referenced deadline date.
Dated: December 11, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–21437 Filed 12–14–06; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\15DEN1.SGM
15DEN1
]]>Agencies
[Federal Register Volume 71, Number 241 (Friday, December 15, 2006)]
[Notices]
[Pages 75504-75507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21440]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-583-831
Stainless Steel Sheet and Strip in Coils From Taiwan; Final
Results and Partial Rescission of Antidumping Duty Administrative
Review
AGENCY: AGENCY: Import Administration, International Trade
Administration, Department of Commerce.
SUMMARY: On August 9, 2006, the Department of Commerce (the Department)
published in the Federal Register the preliminary results and partial
rescission of the administrative review of the antidumping duty order
on stainless steel sheet and strip in coils from Taiwan. This review
covers 15 manufacturers/exporters. The period of review (POR) is July
1, 2004, through June 30, 2005.
We provided interested parties with an opportunity to comment on
the preliminary results of review. After analyzing the comments
received, we corrected one programming error in the margin calculation
for one respondent, Chia Far Industrial Factory Co., Ltd. (Chia Far).
Therefore, the final results of review differ from the preliminary
results of review. The final weighted-average dumping margins for the
reviewed firms are listed below in the section entitled ``Final Results
of Review.''
EFFECTIVE DATE: December 15, 2006.
FOR FURTHER INFORMATION CONTACT: Melissa Blackledge or Howard Smith,
AD/CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th and Constitution
Avenue, NW, Washington, DC 20230; telephone: (202) 482-3518 or (202)
482-5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
The following events occurred after the Department published the
preliminary results of the instant administrative review in the Federal
Register. See Stainless Steel Sheet and Strip in Coils from Taiwan:
Preliminary Results and Rescission in Part of Antidumping Duty
Administrative Review, 71 FR 45521 (August 9, 2006) (Preliminary
Results). In response to the Department's invitation to comment on the
Preliminary Results, the petitioners\1\ and Chia Far filed case briefs
on September 8, 2006. Chia Far and petitioners filed rebuttal briefs on
September 15, 2006.
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\1\ The petitioners are Allegheny Ludlum Corporation, United
Auto Workers Local 3303 (formerly Butler Armco Independent Union),
North American Stainless (except as to Ta Chen and its affiliates),
United Steelworkers of America, AFL-CIO/CLC, and Zanesville Armco
Independent Organization (collectively, ``petitioners'').
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Period of Review
The POR is July 1, 2004, through June 30, 2005.
Scope of the Order
The products covered by the 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 the order is classified in the
Harmonized Tariff Schedule of the United States (HTS) at subheadings:
7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81\2\,
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 HTS subheadings are provided for
convenience and customs purposes, the Department's written description
of the merchandise under the order is dispositive.
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\2\ Due to changes to the HTS numbers in 2001, 7219.13.0030,
7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031,
7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively.
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Excluded from the scope of the order are the following: (1) sheet
and strip that is not annealed or otherwise heat treated and pickled or
otherwise descaled, (2) sheet and strip that is cut to length, (3)
plate (i.e., flat-rolled stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a
prepared edge, rectangular in shape, of a width of not more than 9.5
mm), and (5) razor blade steel. Razor blade steel is a flat-rolled
product of stainless steel, not further worked than cold-rolled (cold-
reduced), in coils, of a width of not more than 23 mm and a thickness
of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent
chromium, and certified at the time of entry to be used in the
manufacture of razor blades. See Chapter 72 of the HTS, ``Additional
U.S. Note'' 1(d).
In response to comments by interested parties, the Department has
determined that certain specialty stainless steel products are also
excluded from the scope of the order. These excluded products are
described below.
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
[[Page 75505]]
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 the 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 the 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.''\3\
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\3\ ``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 the 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.''\4\
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\4\ ``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 the 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.''\5\
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\5\ ``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 the order. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
carpet knives).\6\ This steel is similar to AISI grade 420 but
containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also
contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of
0.020 percent or less, and includes between 0.20 and 0.30 percent
copper and between 0.20 and 0.50 percent cobalt. This steel is sold
under proprietary names such as ``GIN4 Mo.'' The second excluded
stainless steel strip in coils is similar to AISI 420-J2 and contains,
by weight, carbon of between 0.62 and 0.70 percent, silicon of between
0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent,
phosphorus of no more than 0.025 percent and sulfur of no more than
0.020 percent. This steel has a carbide density on average of 100
carbide particles per 100 square microns. An example of this product is
``GIN5'' steel. The third specialty steel has a chemical composition
similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent,
molybdenum of between 1.15 and 1.35 percent, but lower manganese of
between 0.20 and 0.80 percent, phosphorus of no more than 0.025
percent, silicon of between 0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product is supplied with a hardness of
more than Hv 500 guaranteed after customer processing, and is supplied
as, for example, ``GIN6.''\7\
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\6\ This list of uses is illustrative and provided for
descriptive purposes only.
\7\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
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Partial Rescission of Review
In the Preliminary Results notice, we stated that we were
preliminarily rescinding the instant review with respect to Ta Chen
Stainless Pipe Co., Ltd. (Ta Chen), Yieh United Steel Corp. (YUSCO),
Yieh Mau Corp. (Yieh Mau), Chain Chon Industrial Co., Ltd. (Chain
Chon), Yieh Loong Enterprise Company, Ltd. (Yieh Loong), and China
Steel Corporation (China Steel), because record evidence supported
their claims that they made no shipments of subject merchandise during
the POR. The record evidence relied upon by the Department included
U.S. Customs and Border Protection (CBP) data and customs entry
documents which the Department placed on the record of this review.
Parties did not comment on this record evidence. Because the record
evidence does not call into question the parties' no shipments claims,
we are rescinding this administrative review with respect to Ta Chen,
YUSCO, Yieh Mau, Chain Chon, Yieh Loong, and China Steel pursuant to 19
CFR 351.213(d)(3). In addition, for the reasons explained in the
Preliminary Results notice, we are rescinding this review with respect
to Emerdex Stainless Flat-Rolled Products, Inc., Emerdex Stainless
Steel, Inc., and the
[[Page 75506]]
Emerdex Group. See Preliminary Results, 71 FR 45521.
Analysis of Comments Received
All issues raised in the parties' case and rebuttal briefs
commenting on this administrative review are addressed in the Issues
and Decision Memorandum from Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, to David M. Spooner, Assistant
Secretary for Import Administration, dated December 7, 2006, which is
hereby adopted by this notice. A list of the issues that parties have
raised and to which we have responded, all of which are in the Issues
and Decision Memorandum, is attached to this notice as an Appendix.
Parties can find a complete discussion of all issues raised in this
review, and the corresponding recommendations, in the public Issues and
Decision Memorandum that is on file in the Central Records Unit, Room
B-099 of the main Department building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly on the
Web at https://ia.ita.doc.gov/frn/index. The paper copy and electronic
version of the Issues and Decision Memorandum are identical in content.
Use of Facts Available
In the preliminary results of review, we assigned a dumping margin
based on total adverse facts available (AFA) to the following
companies, pursuant to section 776 of the Act, because they failed to
respond to the Department's questionnaire: PFP Taiwan Co., Ltd., Yieh
Trading Corporation, Goang Jau Shing Enterprise Co., Ltd., Chien Shing
Stainless Steel Company Ltd., and Tang Eng Iron Works Company, Ltd.
That margin, 21.10 percent, is the highest appropriate dumping margin
from this or any prior segment of the instant proceeding. No parties
commented on the Department's decision to apply total AFA to these
companies. For the reasons noted in the Preliminary Results notice, we
have continued to assign the above-mentioned companies an AFA rate of
21.10 percent.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have corrected
one programming error in calculating the dumping margin for one
respondent, Chia Far. For additional information, see Analysis
Memorandum for Chia Far Industrial Factory Co., Ltd. for the Final
Results of the Administrative Review of the Antidumping Duty Order on
Stainless Steel Sheet and Strip in Coils from Taiwan covering the
period July 1, 2004, through June 30, 2005, dated December 7, 2006.
Final Results of Review
We determine that the following weighted-average percentage margins
exist for the period July 1, 2004, through June 30, 2005:
------------------------------------------------------------------------
Manufacturer/Exporter/
Reseller Weighted-Average Margin (percentage)
------------------------------------------------------------------------
Chia Far Industrial Factory 0.79
Co., Ltd. (Chia Far)........
Goang Jau Shing Enterprise 21.10
Co., Ltd....................
PFP Taiwan Co., Ltd.......... 21.10
Yieh Trading Corporation..... 21.10
Chien Shing Stainless Steel 21.10
Company Ltd.................
Tang Eng Iron Works Company, 21.10
Ltd.........................
------------------------------------------------------------------------
Assessment
The Department has determined, and CBP shall assess, antidumping
duties on all appropriate entries. In accordance with 19 C.F.R. Sec.
351.212(b)(1), where possible, the Department calculated importer-
specific assessment rates for merchandise subject to this review. Where
the importer-specific assessment rate is above de minimis, we will
instruct CBP to assess the importer-specific rate uniformly on the
entered customs value of all entries of subject merchandise made by the
importer during the POR. To determine whether the per-unit duty
assessment rates were de minimis (i.e., less than 0.50 percent ad
valorem), in accordance with the requirement set forth in 19 C.F.R.
Sec. 351.106(c)(2), we calculated importer-specific ad valorem ratios
based on the export prices. For the respondents receiving dumping
margins based upon AFA, the Department will instruct CBP to liquidate
entries according to the AFA ad valorem rate. The Department intends to
issue assessment instructions to CBP 15 days after the date of
publication of this final results of review.
The Department clarified its ``automatic assessment'' regulation in
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003). This clarification
applies to POR entries of subject merchandise produced by companies
included in these final results where the companies did not know that
their merchandise was destined for the United States. 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 deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of stainless steel sheet and strip in coils from
Taiwan entered, or withdrawn from warehouse, for consumption on or
after the date of publication, as provided by section 751(a)(1) of the
Act: (1) the cash deposit rate for each of the reviewed companies will
be the rate listed for the company in the ``Final Results of Review''
section above (except if the rate for a particular company is de
minimis, i.e., less than 0.5 percent, no cash deposit will be required
for that company); (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 less-than-fair-value 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) if neither the
exporter nor the manufacturer is a firm covered in these or any
previous reviews conducted by the Department, the cash deposit rate
will be the ``all others'' rate, which is 12.61 percent.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under section 351.402(f)(2) of the Department's
[[Page 75507]]
regulations to file a certificate regarding the reimbursement of
antidumping duties prior to liquidation of the relevant entries during
this review period. Failure to comply with this requirement could
result in the Secretary's presumption that reimbursement of the
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with section 351.305 of the
Department's regulations, which continues to govern business
proprietary information in this segment of the proceeding. Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation that is
subject to sanction.
We are issuing and publishing these results and this notice in
accordance with sections 751(a)(1) and 771(i) of the Act.
Dated: December 7, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I -- Issues In The Issues And Decision Memorandum
List Of Issues Discussed
A. Issues with Respect to Chia Far
Comment 1: Home Market Early Payment Discounts
Comment 2: U.S. Indirect Selling Expenses
Comment 3: Work-In-Process Inventory
Comment 4: Minor Input from Affiliates
Comment 5: Improperly Excluded U.S. Sales
[FR Doc. E6-21440 Filed 12-14-06; 8:45 am]
BILLING CODE 3510-DS-S
