Stainless Steel Sheet and Strip in Coils From Mexico; Final Results of Antidumping Duty Administrative Review, 76978-76981 [E6-21998]

Download as PDF 76978 Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Notices Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–5604 and (202) 482–0649 respectively. SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE International Trade Administration A–201–822 Stainless Steel Sheet and Strip in Coils From Mexico; Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 1, 2005, the Department of Commerce (the Department) published a notice entitled Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 70 FR 38099 (July 1, 2005) covering inter alia, stainless steel sheet and strip in coils from Mexico for the period July 1, 2004, through June 30, 2005. In accordance with 19 CFR 351.213(b)(1) and (2), the Department received timely requests that it conduct an administrative review of stainless steel sheet and strip in coils from Mexico for the period July 1, 2004, through June 30, 2005. On August 29, 2005, we published in the Federal Register a notice of initiation of this antidumping duty administrative review covering the period July 1, 2004, through June 30, 2005. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 70 FR 51009 (August 29, 2005). On June 21, 2006, the Department published the preliminary results of the administrative review of the antidumping duty order on stainless steel sheet and strip in coils from Mexico. See Stainless Steel Sheet and Strip in Coils from Mexico; Preliminary Results of Antidumping Duty Administrative Review, 71 FR 35618 (June 21, 2006) (Preliminary Results). This review covers one manufacturer/ exporter, ThyssenKrupp Mexinox S.A. de C.V. (Mexinox), of the subject merchandise to the United States for the period July 1, 2004, to June 30, 2005. Based on our analysis of the comments received, we have made changes in the margin calculation; therefore, the final results differ from the preliminary results. The final weighted–average dumping margin for the reviewed firm is listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: December 22, 2006. FOR FURTHER INFORMATION CONTACT: Maryanne Burke or Robert James, AD/ CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of jlentini on PROD1PC65 with NOTICES AGENCY: VerDate Aug<31>2005 17:45 Dec 21, 2006 Jkt 211001 Background On June 21, 2006, the Department published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on stainless steel sheet and strip in coils from Mexico for the period July 1, 2004 to June 30, 2005. See Preliminary Results. In response to the Department’s invitation to comment on the preliminary results of this review, Allegheny Ludlum Corporation, North American Stainless, United Auto Workers Local 3303, Zanesville Armco Independent Organization, Inc. and the United Steelworkers of America, AFL– CIO/CLC (collectively, petitioners) and Mexinox filed their case briefs on August 3, 2006. Mexinox and petitioners submitted their rebuttal briefs on August 10, 2006. Period of Review The period of review (POR) is July 1, 2004, to June 30, 2005. Scope of the Order For purposes of this administrative review, the products covered are certain stainless steel sheet and strip in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat–rolled product in coils that is greater than 9.5 mm in width and less than 4.75 mm in thickness, and that is annealed or otherwise heat treated and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold–rolled, polished, aluminized, coated, etc.) provided that it maintains the specific dimensions of sheet and strip following such processing. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.00.81, 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, PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 7219.34.0035, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTSUS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise under review is dispositive. Excluded from the review 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). Flapper valve steel is also excluded from the scope of the order. This product is defined as stainless steel strip in coils containing, by weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35 percent molybdenum, and between 0.20 and 0.80 percent manganese. This steel also contains, by weight, phosphorus of 0.025 percent or less, silicon of between 0.20 and 0.50 percent, and sulfur of 0.020 percent or less. The product is manufactured by means of vacuum arc remelting, with inclusion controls for sulphide of no more than 0.04 percent and for oxide of no more than 0.05 percent. Flapper valve steel has a tensile strength of between 210 and 300 ksi, yield strength of between 170 and 270 ksi, plus or minus 8 ksi, and a hardness (Hv) of between 460 and 590. Flapper valve steel is most commonly used to produce specialty flapper valves in compressors. Also excluded is a product referred to as suspension foil, a specialty steel E:\FR\FM\22DEN1.SGM 22DEN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Notices product used in the manufacture of suspension assemblies for computer disk drives. Suspension foil is described as 302/304 grade or 202 grade stainless steel of a thickness between 14 and 127 microns, with a thickness tolerance of plus–or-minus 2.01 microns, and surface glossiness of 200 to 700 percent Gs. Suspension foil must be supplied in coil widths of not more than 407 mm, and with a mass of 225 kg or less. Roll marks may only be visible on one side, with no scratches of measurable depth. The material must exhibit residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm over 685 mm length. Certain stainless steel foil for automotive catalytic converters is also excluded from the scope of this order. This stainless steel strip in coils is a specialty foil with a thickness of between 20 and 110 microns used to produce a metallic substrate with a honeycomb structure for use in automotive catalytic converters. The steel contains, by weight, carbon of no more than 0.030 percent, silicon of no more than 1.0 percent, manganese of no more than 1.0 percent, chromium of between 19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of no more than 0.045 percent, sulfur of no more than 0.03 percent, lanthanum of less than 0.002 or greater than 0.05 percent, and total rare earth elements of more than 0.06 percent, with the balance iron. Permanent magnet iron–chromiumcobalt alloy stainless strip is also excluded from the scope of this order. This ductile stainless steel strip contains, by weight, 26 to 30 percent chromium, and 7 to 10 percent cobalt, with the remainder of iron, in widths 228.6 mm or less, and a thickness between 0.127 and 1.270 mm. It exhibits magnetic remanence between 9,000 and 12,000 gauss, and a coercivity of between 50 and 300 oersteds. This product is most commonly used in electronic sensors and is currently available under proprietary trade names such as ‘‘Arnokrome III.’’1 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.’’2 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.’’3 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).4 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 2 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A. 17’’ is a trademark of Imphy, S.A. 4 This list of uses is illustrative and provided for descriptive purposes only. 76979 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.’’5 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the ‘‘Issues and Decision Memorandum’’ (Decision Memorandum) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated December 18, 2006, which is hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded, all of which are in the Decision Memorandum, is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit, room B–099, of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly via the Internet at www.ia.ita.doc.gov/fm/index.html. The paper copy and electronic version of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made the following changes to the margin calculation: • We have revised the U.S. indirect selling expense (INDIRSU) ratio to include selling expenses and revenues received in the United States relating to Mexinox’s affiliates ThyssenKrupp Nirosta North America (TKNNA) and ThyssenKrupp Acciai Speciali Terni USA, Inc. (TKAST USA). • We have corrected ministerial errors identified by parties in the Preliminary Results: (1) we adjusted U.S. gross unit price to include an alloy surcharge (KASURCHU) attributed to Mexinox’s U.S. affiliated reseller, Ken–Mac; (2) we adjusted U.S. gross unit price by 3 ‘‘Durphynox 1 ‘‘Arnokrome III’’ is a trademark of the Arnold Engineering Company. VerDate Aug<31>2005 17:45 Dec 21, 2006 Jkt 211001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 5 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ and ‘‘GIN6’’ are the proprietary grades of Hitachi Metals America, Ltd. E:\FR\FM\22DEN1.SGM 22DEN1 76980 Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Notices converting Ken–Mac rebates (KREBATEU) from a per–pound basis to a per–hundredweight (CWT) basis; (3) we amended SAS language in the All– Macros Program to merge product– specific cost test results with home– market transactional sales data without overwriting certain transaction–specific data; (4) we modified SAS language in the All–Macros Program to appropriately limit the combined commission and CEP offset by the total reported home–market indirect selling expenses. These changes are discussed in the relevant sections of the Decision Memorandum and the December 18, 2006, ‘‘Analysis of Data Submitted by ThyssenKrupp Mexinox S.A. de C.V (Mexinox) for the Final Results of Stainless Steel Sheet and Strip in Coils from Mexico (A–201–822)’’ (Final Analysis Memorandum) from Maryanne Burke to the File. See also ‘‘Cost of Manufacturer / Exporter Production and Constructed Value Calculation Adjustments for the Final Results’’ (Cost Calculation Memorandum) from Margaret Pusey to Neal M. Halper, dated December 18, 2006. Final Results of Review We determine the following weighted–average percentage margin exists for the period July 1, 2004 to June 30, 2005: Weighted Average Margin (percentage) jlentini on PROD1PC65 with NOTICES ThyssenKrupp Mexinox S.A. de C.V. .................................................................................................. Assessment Pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Tariff Act) and 19 CFR 351.212(b), the Department calculates an assessment rate for each importer of the subject merchandise covered by the review. Upon issuance of the final results of this review, if any importer–specific assessment rates calculated in the final results are above de minimis (i.e., at or above 0.50 percent), we will issue appraisement instructions directly to U.S. Customs and Border Protection (CBP) to assess antidumping duties on appropriate entries by applying the assessment rate to the entered value of the merchandise. To determine whether the duty–assessment rate covering the period is de minimis, in accordance with the requirement set forth in sections 733(b)(3) and 735 of the Tariff Act, and 19 CFR 351.106(c)(2), we have calculated an importer–specific assessment ad valorem rate by aggregating the dumping margins calculated for all U.S. sales to the sole importer of ThyssenKrupp Mexinox S.A. de C.V.’s subject merchandise and dividing this amount by the total entered value of the sales to that importer. Where the importer–specific ad valorem rate is greater than de minimis and because the respondent has reported reliable entered values, we will instruct CBP to apply the assessment rate to the entered value of the importer’s entries during the period of review. Pursuant to 19 CFR 356.8(a), the Department intends to issue assessment instructions to CBP 41 days after the date of publication of these final results of review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Notice of Policy Concerning Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment–Policy Notice). This clarification will apply to entries of VerDate Aug<31>2005 17:45 Dec 21, 2006 Jkt 211001 subject merchandise during the POR produced by Mexinox, for which Mexinox did not know that the merchandise it sold to an intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the 30.85 percent all–others rate if there is no company–specific rate for an intermediary involved in the transaction. See the Assessment Policy Notice for a full discussion of this clarification. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results of administrative review, consistent with section 751(a)(1) of the Tariff Act: (1) the cash deposit rate for the reviewed company will be the rate listed above; (2) if the exporter is not a firm covered in this review, but was covered in a previous review or the original less than fair value (LTFV) investigation, 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 continue to be 30.85 percent, which is the ‘‘All Others’’ rate established in the LTFV investigation. See Notice of Amended Final Determination of Sales at Less Than Fair Value: Stainless Steel Sheet and Strip in Coils from Mexico, 64 FR 40560 (July 27, 1999). These deposit PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 1.16 percent requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR section 351.402(f)(2) 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 Department’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR section 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act. Dated: December 18, 2006. David M. Spooner, Assistant Secretaryfor Import Administration. Appendix – Issues in Decision Memorandum Comment 1: Clerical Errors Adjustments to Normal Value Comment 2: Rental Income Received from Home Market Warehouse Comment 3: Level of Trade E:\FR\FM\22DEN1.SGM 22DEN1 Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Notices Adjustments to United States Price Comment 4: U.S. Indirect Selling Expenses Comment 5: Mexico–Incurred Indirect Selling Expenses Comment 6: U.S. Inventory Carrying Costs Cost of Production Comment 7: General and Administrative Expenses Comment 8: Financial Expense Calculation Margin Calculations Comment 9: Circumstance–of-Sale Adjustment Comment 10: Offsetting for U.S. Sales that Exceed Normal Value [FR Doc. E6–21998 Filed 12–21–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Minority Business Development Agency [Docket No. 061214337–6337–01] Amendment to the Award Period for the Queens Minority Business Development Center Minority Business Development Agency, Commerce. ACTION: Notice. jlentini on PROD1PC65 with NOTICES AGENCY: SUMMARY: The Minority Business Development Agency (MBDA) is publishing this notice to allow for up to a 120-day funded extension, on a noncompetitive basis, of the current award for the Queens Minority Business Enterprise Center (Queens MBEC) (formerly the Queens Business Development Center). The Queens MBEC was originally funded for a threeyear award period commencing on January 1, 2004 and closing on December 31, 2006, pursuant to a Federal Register notice published on August 29, 2003. MBDA published a Federal Register notice on July 26, 2006 soliciting competitive applications for an operator of the Queens MBEC for the next three-year award period commencing January 1, 2007. However, the solicitation resulted in an unsuccessful competition, and MBDA intends to re-open the solicitation period to allow the public additional time to submit responsive applications to operate the Queens MBEC during the next funding cycle. MBDA is taking the actions set forth in this notice to allow for continued program delivery by the incumbent operator of the Queens VerDate Aug<31>2005 17:45 Dec 21, 2006 Jkt 211001 MBEC while MBDA completes the solicitation process. DATES: The additional award period and related funding, if approved by the Department of Commerce Grants Officer, will commence January 1, 2007 and will continue for a period not to exceed 120 days. FOR FURTHER INFORMATION CONTACT: Mr. Efrain Gonzalez, Program Manager, Minority Business Development Agency, Office of Business Development, 1401 Constitution Avenue, NW., Room 5075, Washington, DC 20230. Mr. Gonzalez may be reached by telephone at (202) 482–1940 and by e-mail at egonzalez@mbda.gov. SUPPLEMENTARY INFORMATION: The Queens MBEC (which covers the New York counties of Queens, Nassau and Suffolk) was originally funded for a three-year award period commencing on January 1, 2004 and closing on December 31, 2006, pursuant to a Federal Register notice published on August 29, 2003 (68 FR 51965), as amended on September 30, 2003 (68 FR 56265). On July 26, 2006, MBDA published a notice in the Federal Register (71 FR 42351) announcing the solicitation of competitive applications for an operator of the Queens MBEC for the next threeyear funding cycle commencing January 1, 2007. The applications received by MBDA in response to the solicitation for the Queens MBEC did not satisfy the minimum evaluation criterion scoring requirements set forth in the notice, resulting in an unsuccessful competition. Accordingly, MBDA intends to publish a Federal Register notice re-opening the solicitation period for the Queens MBEC in order to allow MBDA to conduct additional outreach activities and to provide the public with additional time to submit responsive applications. This notice amends the August 29, 2003 notice to allow for an up to 120day funded extension, on a noncompetitive basis, to the current award period of the Queens MBEC. MBDA is making this amendment to allow for continued program delivery by Jamaica Business Resource Center, the incumbent operator of the Queens MBEC, while the Agency conducts outreach activities and completes the solicitation process for an operator of the Queens MBEC for the next award cycle. The length of any extension (not to exceed 120 days) and the amount of funding necessary to carry out the extension are at the sole discretion of the Grants Officer, based on such factors as the Queens MBEC’s performance, the PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 76981 availability of funds, and agency priorities. Limitation of Liability Funding for the potential award extension listed in this notice is contingent upon the availability of Fiscal Year 2007 appropriations, which have not yet been appropriated for the MBEC program. MBDA issues this notice subject to the appropriations made available under the current continuing resolution, H.R. 5631, ‘‘Continuing Appropriations Resolution, 2007,’’ Public Law 109–289, as amended by H.J. Res. 100, Public Law 109–369 and H.J. Res. 102, Public Law 109–383. In no event will MBDA or the Department of Commerce (Department) be responsible to cover any costs incurred outside of the current award period by the incumbent operator of the Queens MBEC if the MBEC program fails to receive funding or is cancelled because of other MBDA or Department priorities. Publication of this announcement does not oblige MBDA or the Department to award an extension to the current operator of the Queens MBEC or to obligate any available funds for such purpose. Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements The Department of Commerce PreAward Notification Requirements for Grants and Cooperative Agreements contained in the December 30, 2004 Federal Register notice (69 FR 78389) are applicable to this notice. Executive Order 12866 This notice has been determined to be not significant for purposes of E.O. 12866. Executive Order 13132 (Federalism) It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. Administrative Procedure Act/ Regulatory Flexibility Act Prior notice and an opportunity for public comment are not required by the Administrative Procedure Act for rules concerning public property, loans, grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Notices]
[Pages 76978-76981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21998]



[[Page 76978]]

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DEPARTMENT OF COMMERCE

International Trade Administration

A-201-822


Stainless Steel Sheet and Strip in Coils From Mexico; Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 1, 2005, the Department of Commerce (the Department) 
published a notice entitled Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity To Request 
Administrative Review, 70 FR 38099 (July 1, 2005) covering inter alia, 
stainless steel sheet and strip in coils from Mexico for the period 
July 1, 2004, through June 30, 2005. In accordance with 19 CFR 
351.213(b)(1) and (2), the Department received timely requests that it 
conduct an administrative review of stainless steel sheet and strip in 
coils from Mexico for the period July 1, 2004, through June 30, 2005.
    On August 29, 2005, we published in the Federal Register a notice 
of initiation of this antidumping duty administrative review covering 
the period July 1, 2004, through June 30, 2005. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 70 FR 51009 (August 29, 2005). On June 21, 
2006, the Department published the preliminary results of the 
administrative review of the antidumping duty order on stainless steel 
sheet and strip in coils from Mexico. See Stainless Steel Sheet and 
Strip in Coils from Mexico; Preliminary Results of Antidumping Duty 
Administrative Review, 71 FR 35618 (June 21, 2006) (Preliminary 
Results). This review covers one manufacturer/exporter, ThyssenKrupp 
Mexinox S.A. de C.V. (Mexinox), of the subject merchandise to the 
United States for the period July 1, 2004, to June 30, 2005. Based on 
our analysis of the comments received, we have made changes in the 
margin calculation; therefore, the final results differ from the 
preliminary results. The final weighted-average dumping margin for the 
reviewed firm is listed below in the section entitled ``Final Results 
of Review.''

EFFECTIVE DATE:  December 22, 2006.

FOR FURTHER INFORMATION CONTACT: Maryanne Burke or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5604 and (202) 482-0649 respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 21, 2006, the Department published in the Federal Register 
the preliminary results of the administrative review of the antidumping 
duty order on stainless steel sheet and strip in coils from Mexico for 
the period July 1, 2004 to June 30, 2005. See Preliminary Results. In 
response to the Department's invitation to comment on the preliminary 
results of this review, Allegheny Ludlum Corporation, North American 
Stainless, United Auto Workers Local 3303, Zanesville Armco Independent 
Organization, Inc. and the United Steelworkers of America, AFL-CIO/CLC 
(collectively, petitioners) and Mexinox filed their case briefs on 
August 3, 2006. Mexinox and petitioners submitted their rebuttal briefs 
on August 10, 2006.

Period of Review

    The period of review (POR) is July 1, 2004, to June 30, 2005.

Scope of the Order

    For purposes of this administrative review, the products covered 
are certain stainless steel sheet and strip in coils. Stainless steel 
is an alloy steel containing, by weight, 1.2 percent or less of carbon 
and 10.5 percent or more of chromium, with or without other elements. 
The subject sheet and strip is a flat-rolled product in coils that is 
greater than 9.5 mm in width and less than 4.75 mm in thickness, and 
that is annealed or otherwise heat treated and pickled or otherwise 
descaled. The subject sheet and strip may also be further processed 
(e.g., cold-rolled, polished, aluminized, coated, etc.) provided that 
it maintains the specific dimensions of sheet and strip following such 
processing. The merchandise subject to this order is currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071, 
7219.13.00.81, 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 
7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 
7219.32.0042, 7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 
7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 
7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 
7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 
7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 
7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 
7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 
7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 
7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 
7220.90.0060, and 7220.90.0080. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the Department's written 
description of the merchandise under review is dispositive.
    Excluded from the review 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).
    Flapper valve steel is also excluded from the scope of the order. 
This product is defined as stainless steel strip in coils containing, 
by weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35 
percent molybdenum, and between 0.20 and 0.80 percent manganese. This 
steel also contains, by weight, phosphorus of 0.025 percent or less, 
silicon of between 0.20 and 0.50 percent, and sulfur of 0.020 percent 
or less. The product is manufactured by means of vacuum arc remelting, 
with inclusion controls for sulphide of no more than 0.04 percent and 
for oxide of no more than 0.05 percent. Flapper valve steel has a 
tensile strength of between 210 and 300 ksi, yield strength of between 
170 and 270 ksi, plus or minus 8 ksi, and a hardness (Hv) of between 
460 and 590. Flapper valve steel is most commonly used to produce 
specialty flapper valves in compressors.
    Also excluded is a product referred to as suspension foil, a 
specialty steel

[[Page 76979]]

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.''\1\
---------------------------------------------------------------------------

    \1\ ``Arnokrome III'' is a trademark of the Arnold Engineering 
Company.
---------------------------------------------------------------------------

    Certain electrical resistance alloy steel is also excluded from the 
scope of this order. This product is defined as a non-magnetic 
stainless steel manufactured to American Society of Testing and 
Materials (``ASTM'') specification B344 and containing, by weight, 36 
percent nickel, 18 percent chromium, and 46 percent iron, and is most 
notable for its resistance to high temperature corrosion. It has a 
melting point of 1390 degrees Celsius and displays a creep rupture 
limit of 4 kilograms per square millimeter at 1000 degrees Celsius. 
This steel is most commonly used in the production of heating ribbons 
for circuit breakers and industrial furnaces, and in rheostats for 
railway locomotives. The product is currently available under 
proprietary trade names such as ``Gilphy 36.''\2\
---------------------------------------------------------------------------

    \2\ ``Gilphy 36'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------

    Certain martensitic precipitation-hardenable stainless steel is 
also excluded from the scope of this order. This high-strength, ductile 
stainless steel product is designated under the Unified Numbering 
System (``UNS'') as S45500-grade steel, and contains, by weight, 11 to 
13 percent chromium, and 7 to 10 percent nickel. Carbon, manganese, 
silicon and molybdenum each comprise, by weight, 0.05 percent or less, 
with phosphorus and sulfur each comprising, by weight, 0.03 percent or 
less. This steel has copper, niobium, and titanium added to achieve 
aging, and will exhibit yield strengths as high as 1700 Mpa and 
ultimate tensile strengths as high as 1750 Mpa after aging, with 
elongation percentages of 3 percent or less in 50 mm. It is generally 
provided in thicknesses between 0.635 and 0.787 mm, and in widths of 
25.4 mm. This product is most commonly used in the manufacture of 
television tubes and is currently available under proprietary trade 
names such as ``Durphynox 17.''\3\
---------------------------------------------------------------------------

    \3\ ``Durphynox 17'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------

    Finally, three specialty stainless steels typically used in certain 
industrial blades and surgical and medical instruments are also 
excluded from the scope of this order. These include stainless steel 
strip in coils used in the production of textile cutting tools (e.g., 
carpet knives).\4\ 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.''\5\
---------------------------------------------------------------------------

    \4\ This list of uses is illustrative and provided for 
descriptive purposes only.
    \5\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary 
grades of Hitachi Metals America, Ltd.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, to David M. Spooner, 
Assistant Secretary for Import Administration, dated December 18, 2006, 
which is hereby adopted by this notice. A list of the issues which 
parties have raised and to which we have responded, all of which are in 
the Decision Memorandum, is attached to this notice as an appendix. 
Parties can find a complete discussion of all issues raised in this 
review and the corresponding recommendations in this public memorandum, 
which is on file in the Central Records Unit, room B-099, of the main 
Department building. In addition, a complete version of the Decision 
Memorandum can be accessed directly via the Internet at 
www.ia.ita.doc.gov/fm/index.html. The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made the 
following changes to the margin calculation:
 We have revised the U.S. indirect selling expense (INDIRSU) 
ratio to include selling expenses and revenues received in the United 
States relating to Mexinox's affiliates ThyssenKrupp Nirosta North 
America (TKNNA) and ThyssenKrupp Acciai Speciali Terni USA, Inc. (TKAST 
USA).
 We have corrected ministerial errors identified by parties in 
the Preliminary Results: (1) we adjusted U.S. gross unit price to 
include an alloy surcharge (KASURCHU) attributed to Mexinox's U.S. 
affiliated reseller, Ken-Mac; (2) we adjusted U.S. gross unit price by

[[Page 76980]]

converting Ken-Mac rebates (KREBATEU) from a per-pound basis to a per-
hundredweight (CWT) basis; (3) we amended SAS language in the All-
Macros Program to merge product-specific cost test results with home-
market transactional sales data without overwriting certain 
transaction-specific data; (4) we modified SAS language in the All-
Macros Program to appropriately limit the combined commission and CEP 
offset by the total reported home-market indirect selling expenses.
    These changes are discussed in the relevant sections of the 
Decision Memorandum and the December 18, 2006, ``Analysis of Data 
Submitted by ThyssenKrupp Mexinox S.A. de C.V (Mexinox) for the Final 
Results of Stainless Steel Sheet and Strip in Coils from Mexico (A-201-
822)'' (Final Analysis Memorandum) from Maryanne Burke to the File. See 
also ``Cost of Production and Constructed Value Calculation Adjustments 
for the Final Results'' (Cost Calculation Memorandum) from Margaret 
Pusey to Neal M. Halper, dated December 18, 2006.

Final Results of Review

    We determine the following weighted-average percentage margin 
exists for the period July 1, 2004 to June 30, 2005:

------------------------------------------------------------------------
   Manufacturer / Exporter        Weighted Average Margin (percentage)
------------------------------------------------------------------------
ThyssenKrupp Mexinox S.A. de                                1.16 percent
 C.V.........................
------------------------------------------------------------------------

Assessment

    Pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended 
(the Tariff Act) and 19 CFR 351.212(b), the Department calculates an 
assessment rate for each importer of the subject merchandise covered by 
the review. Upon issuance of the final results of this review, if any 
importer-specific assessment rates calculated in the final results are 
above de minimis (i.e., at or above 0.50 percent), we will issue 
appraisement instructions directly to U.S. Customs and Border 
Protection (CBP) to assess antidumping duties on appropriate entries by 
applying the assessment rate to the entered value of the merchandise. 
To determine whether the duty-assessment rate covering the period is de 
minimis, in accordance with the requirement set forth in sections 
733(b)(3) and 735 of the Tariff Act, and 19 CFR 351.106(c)(2), we have 
calculated an importer-specific assessment ad valorem rate by 
aggregating the dumping margins calculated for all U.S. sales to the 
sole importer of ThyssenKrupp Mexinox S.A. de C.V.'s subject 
merchandise and dividing this amount by the total entered value of the 
sales to that importer. Where the importer-specific ad valorem rate is 
greater than de minimis and because the respondent has reported 
reliable entered values, we will instruct CBP to apply the assessment 
rate to the entered value of the importer's entries during the period 
of review. Pursuant to 19 CFR 356.8(a), the Department intends to issue 
assessment instructions to CBP 41 days after the date of publication of 
these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Notice of Policy Concerning Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment-Policy Notice). This 
clarification will apply to entries of subject merchandise during the 
POR produced by Mexinox, for which Mexinox did not know that the 
merchandise it sold to an intermediary (e.g., a reseller, trading 
company, or exporter) was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
30.85 percent all-others rate if there is no company-specific rate for 
an intermediary involved in the transaction. See the Assessment Policy 
Notice for a full discussion of this clarification.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results for all shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of these final results of administrative 
review, consistent with section 751(a)(1) of the Tariff Act: (1) the 
cash deposit rate for the reviewed company will be the rate listed 
above; (2) if the exporter is not a firm covered in this review, but 
was covered in a previous review or the original less than fair value 
(LTFV) investigation, 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 continue to be 30.85 percent, 
which is the ``All Others'' rate established in the LTFV investigation. 
See Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Sheet and Strip in Coils from Mexico, 64 FR 
40560 (July 27, 1999). These deposit requirements, when imposed, shall 
remain in effect until publication of the final results of the next 
administrative review.

Notification to Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR section 351.402(f)(2) 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 Department's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR section 351.305, which continues to 
govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act.

    Dated: December 18, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.

Appendix - Issues in Decision Memorandum

Comment 1: Clerical Errors
Adjustments to Normal Value
Comment 2: Rental Income Received from Home Market Warehouse
Comment 3: Level of Trade

[[Page 76981]]

Adjustments to United States Price
Comment 4: U.S. Indirect Selling Expenses
Comment 5: Mexico-Incurred Indirect Selling Expenses
Comment 6: U.S. Inventory Carrying Costs
Cost of Production
Comment 7: General and Administrative Expenses
Comment 8: Financial Expense Calculation
Margin Calculations
Comment 9: Circumstance-of-Sale Adjustment
Comment 10: Offsetting for U.S. Sales that Exceed Normal Value
[FR Doc. E6-21998 Filed 12-21-06; 8:45 am]
BILLING CODE 3510-DS-S