Stainless Steel Wire Rod from Sweden: Final Results of Antidumping Duty Administrative Review, 17834-17837 [E7-6749]
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17834
Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they will also become a matter of public
record.
Dated: April 4, 2007.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E7–6661 Filed 4–9–07; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Procedure for Voluntary SelfDisclosure of Violations of the Export
Administration Regulations
Proposed Information
Collection; Comment Request.
ACTION:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)).
DATES: Written comments must be
submitted on or before June 11, 2007.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230, (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument(s) and instructions should
be directed to Larry Hall, BIS ICB
Liaison, Department of Commerce,
Room 6622, 14th & Constitution
Avenue, NW., Washington, DC, 20230.
SUPPLEMENTARY INFORMATION:
cprice-sewell on PROD1PC66 with NOTICES
SUMMARY:
I. Abstract
The information is needed to detect
violations of the Export Administration
Act and Regulations to determine if an
investigation or prosecution is necessary
and to reach settlement with violators.
The respondents are likely to be exportrelated businesses.
II. Method of Collection
Submitted in written form.
III. Data
OMB Number: 0694–0058.
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Form Number: None.
Type of Review: Regular submission.
Affected Public: Individuals or
households, business or other for-profit
organizations, and not-for-profit
institutions.
Estimated Number of Respondents:
67.
Estimated Time Per Response: 10
hours.
Estimated Total Annual Burden
Hours: 670.
Estimated Total Annual Cost: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. In addition, the public is
encouraged to provide suggestions on
how to reduce and/or consolidate the
current frequency of reporting.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they will also become a matter of public
record.
Dated: April 3, 2007.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E7–6662 Filed 4–9–07; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–401–806]
Stainless Steel Wire Rod from Sweden:
Final Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 6, 2006, the
Department of Commerce published the
preliminary results of the 2004–2005
administrative review of the
antidumping duty order on stainless
steel wire rod from Sweden. The review
covers one manufacturer/exporter,
Fagersta Stainless AB (‘‘FSAB’’). The
AGENCY:
PO 00000
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period of review (‘‘POR’’) is September
1, 2004, through August 31, 2005.
Based on our analysis of the
comments received, we have made
changes to the margin calculations.
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:
April 10, 2007.
FOR FURTHER INFORMATION CONTACT:
Brian C. Smith, AD/CVD Operations,
Office 2, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–1766.
SUPPLEMENTARY INFORMATION:
Background
The review covers one manufacturer/
exporter: Fagersta Stainless AB
(‘‘FSAB’’). The period of review is
September 1, 2004, through August 31,
2005.
On October 6, 2006, the Department
of Commerce (‘‘the Department’’)
published the preliminary results of this
administrative review of the
antidumping duty order on stainless
steel wire rod from Sweden. See
Stainless Steel Wire Rod from Sweden:
Preliminary Results of Antidumping
Duty Administrative Review, 71 FR
59082 (October 6, 2006) (‘‘Preliminary
Results’’). We invited interested parties
to comment on the preliminary results
of review.1
FSAB filed its case brief on November
27, 2006, and the petitioners2 filed their
rebuttal brief on December 4, 2006. Per
FSAB’s November 3, 2006, request, we
held a hearing on December 6, 2006.
On January 11, 2007, we extended the
time limit for the final results in this
review until April 4, 2007. See Notice of
Extension of Time Limit for Final
Results of Antidumping Duty
Administrative Review: Stainless Steel
1 In the Preliminary Results, we determined it
appropriate to treat FSAB and its affiliates, AB
Sandvik Materials Technology (‘‘SMT’’) and
Kanthal AB (‘‘Kanthal’’), as one entity for margin
calculation purposes because they met the
regulatory criteria for collapsing affiliated
producers. See April 13, 2006, Memorandum from
the Team to The File, entitled ‘‘Stainless Steel Wire
Rod from Sweden: Whether to Collapse FSAB,
SMT, and Kanthal.’’ No party objected to this
preliminary determination. Therefore, we have
continued to treat these affiliated companies as one
entity in the final results.
2 The petitioners include the following
companies: Carpenter Technology Corporation;
Crucible Specialty Metals Division, Crucible
Materials Corporation; and Electroalloy
Corporation, a Division of G.O. Carlson, Inc.
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Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices
Wire Rod from Sweden, 72 FR 2261
(January 18, 2007).
We have conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (‘‘the Act’’).
Scope of the Order
For purposes of this order, SSWR
comprises products that are hot–rolled
or hot–rolled annealed and/or pickled
and/or descaled rounds, squares,
octagons, hexagons or other shapes, in
coils, that may also be coated with a
lubricant containing copper, lime or
oxalate. SSWR is made of alloy steels
containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
of chromium, with or without other
elements. These products are
manufactured only by hot–rolling or
hot–rolling annealing, and/or pickling
and/or descaling, are normally sold in
coiled form, and are of solid crosssection. The majority of SSWR sold in
the United States is round in crosssectional shape, annealed and pickled,
and later cold–finished into stainless
steel wire or small–diameter bar. The
most common size for such products is
5.5 millimeters or 0.217 inches in
diameter, which represents the smallest
size that normally is produced on a
17835
rolling mill and is the size that most
wire–drawing machines are set up to
draw. The range of SSWR sizes
normally sold in the United States is
between 0.20 inches and 1.312 inches in
diameter.
Certain stainless steel grades are
excluded from the scope of the order.
SF20T and K–M35FL are excluded. The
following proprietary grades of Kanthal
AB are also excluded: Kanthal A–1,
Kanthal AF, Kanthal A, Kanthal D,
Kanthal DT, Alkrothal 14, Alkrothal
720, and Nikrothal 40. The chemical
makeup for the excluded grades is as
follows:
SF20T
Carbon .................................................................................................................
Manganese ..........................................................................................................
Phosphorous ........................................................................................................
Sulfur ....................................................................................................................
Silicon ..................................................................................................................
0.05
2.00
0.05
0.15
1.00
max
max
max
max
max
Chromium
Molybdenum
Lead
Tellurium
19.00/21.00
1.50/2.50
added (0.10/0.30)
added (0.03 min)
0.015 max
0.70/1.00
0.40 max
0.04 max
0.03 max
Nickel
Chromium
Lead
Aluminum
0.30 max
12.50/14.00
0.10/0.30
0.20/0.35
0.08 max
0.70 max
0.40 max
Aluminum
Iron
Chromium
5.30 min, 6.30 max
balance
20.50 min, 23.50
max
0.08 max
0.70 max
0.40 max
20.50 min, 23.50
max
Aluminum
Iron
4.80 min, 5.80 max
balance
0.08 max
0.70 max
0.50 max
20.50 min, 23.50
max
Aluminum
Iron
4.80 min, 5.80 max
balance
0.08 max
0.70 max
0.50 max
20.50 min, 23.50
max
Aluminum
Iron
4.30 min, 5.30 max
balance
0.08 max
0.70 max
0.50 max
Aluminum
Iron
4.60 min, 5.60 max
balance
K–M35FL
Carbon .................................................................................................................
Silicon ..................................................................................................................
Manganese ..........................................................................................................
Phosphorous ........................................................................................................
Sulfur ....................................................................................................................
KANTHAL A–1
Carbon .................................................................................................................
Silicon ..................................................................................................................
Manganese ..........................................................................................................
KANTHAL AF
Carbon .................................................................................................................
Silicon ..................................................................................................................
Manganese ..........................................................................................................
Chromium ............................................................................................................
KANTHAL A
Carbon .................................................................................................................
Silicon ..................................................................................................................
Manganese ..........................................................................................................
Chromium ............................................................................................................
KANTHAL D
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Carbon .................................................................................................................
Silicon ..................................................................................................................
Manganese ..........................................................................................................
Chromium ............................................................................................................
KANTHAL DT
Carbon .................................................................................................................
Silicon ..................................................................................................................
Manganese ..........................................................................................................
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Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices
KANTHAL DT—Continued
Chromium ............................................................................................................
20.50 min, 23.50
max
ALKROTHAL 14
Carbon .................................................................................................................
Silicon ..................................................................................................................
Manganese ..........................................................................................................
Chromium ............................................................................................................
0.08 max
0.70 max
0.50 max
14.00 min, 16.00
max
Aluminum
Iron
3.80 min, 4.80 max
balance
0.08 max
0.70 max
0.70 max
12.00 min, 14.00
max
Aluminum
Iron
3.50 min, 4.50 max
balance
ALKROTHAL 720
Carbon .................................................................................................................
Silicon ..................................................................................................................
Manganese ..........................................................................................................
Chromium ............................................................................................................
NIKROTHAL 40
Carbon .........................................................................................................
Silicon ..........................................................................................................
Manganese ..................................................................................................
Chromium ....................................................................................................
The subject merchandise is currently
classifiable under subheadings
7221.00.0005, 7221.00.0015,
7221.00.0030, 7221.00.0045, and
7221.00.0075 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
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Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by the parties
to this antidumping duty administrative
review are addressed in the ‘‘Issues and
Decision Memorandum’’ (Decision
Memo) from Stephen J. Claeys, Deputy
Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, dated April 4, 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 Decision Memo,
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
Memo can be accessed directly on the
Web at https://ia.ita.doc.gov/frn. The
VerDate Aug<31>2005
15:22 Apr 09, 2007
Jkt 211001
0.10 max
1.60 min, 2.50 max
1.00 max
18.00 min, 21.00
max
paper copy and electronic version of the
Decision Memo are identical in content.
Changes from the Preliminary Results
Based on the information submitted
and our analysis of the comments
received, we have made certain changes
to the margin calculations for FSAB as
follows.
(1) We matched products of identical
grade first before matching products
of the next most similar grade and,
where appropriate, attempted to
match products beyond the top
three most similar grades before
resorting to constructed value
(‘‘CV’’), consistent with our intent
in the preliminary results and in
accordance with the Department’s
practice. See Comment 2 for further
discussion.
(2) We included in our final margin
analysis a U.S. sales transaction
made by FSAB’s U.S. affiliate,
Fagersta Stainless Inc. (‘‘FSI’’), for
which the entry date was within the
POR but the sale date preceded the
POR, in accordance with the
Department’s normal practice to
review sales associated with entries
made during the review period. See
Comment 3 for further discussion.
(3) We corrected a clerical error by
applying the general and
administrative (‘‘G&A’’) expenses
and further manufacturing costs,
which were recalculated in the
Preliminary Results, to only the
U.S. sales of FSAB’s other U.S.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
Nickel
Iron
34.00 min, 37.00 max
balance
affiliate, Sandvik Metallurgical
Technology U.S. (‘‘SMT U.S.’’), for
which SMT U.S. reported an
amount for further manufacturing.
See Comment 4 for further
discussion.
(4) For SMT U.S.’ sales of
merchandise that was further
manufactured but for which SMT
U.S. did not report a further
manufacturing cost, we applied as
facts available under section
776(a)(1) of the Act, a weighted
average of the costs reported by
SMT U.S. for its other U.S. sales of
further–manufactured merchandise,
as recalculated for purposes of the
Preliminary Results, and deducted
this amount from the prices of the
U.S. sales at issue. See Comment 4
for further discussion.
(5) We used SMACC’s3 cost of
producing billets reported in the
August 18, 2006, Section D
supplemental questionnaire
response to compare to the market
price of billets and to the transfer
price FSAB paid to SMACC for
billets used to make the
merchandise under consideration.
We also excluded an additional
G&A expense relevant to
Outokumpu Oyj4 which had been
3 SMACC or Outokumpu Stainless Ltd. Sheffield
is affiliated with FSAB.
4 Outokumpu Oyj is the consolidated parent of
SMACC.
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Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices
incorrectly added to SMACC’s cost
of production for purposes of the
Preliminary Results. In addition, we
included the total net foreign
exchange gain or loss in the
calculation of Outokumpu Oyj’s
consolidated financial expense rate
that was applied to SMACC’s cost
of producing the billets, in
accordance with Department
practice. See Comment 5 for further
discussion.
(6) We corrected a clerical error by
subtracting the adjustment to
SMT’s5 transfer price from FSAB’s
cost of billets prior to calculating
FSAB’s total cost of manufacturing.
(7) We corrected a clerical error by
converting FSAB’s U.S. affiliate’s
reported U.S. inventory carrying
costs from SEK/kg. to USD/lb. in
the margin calculations.
See April 4, 2007, Memorandum from
Case Analyst to The File, entitled
‘‘Calculation Memorandum for the Final
Results for Fagersta Stainless AB≥; and
April 4, 2007, Memorandum to Neal M.
Halper from Michael P. Harrison,
entitled ‘‘Cost of Production,
Constructed Value and Further
Manufacturing Calculation Adjustments
for the Final Results - Fagersta Stainless
AB,’’ for further details.
Final Results of Review
We determine that the following
weighted–average margin percentage
exists:
Manufacturer/exporter
Margin (percent)
Fagersta Stainless AB/
AB Sandvik Materials
Technology/Kanthal
AB .............................
20.42
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Assessment Rates
The Department shall determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries, in
accordance with 19 CFR 351.212(b). The
Department will issue appropriate
appraisement instructions for the
company subject to this review directly
to CBP 15 days after publication of these
final results of review. In accordance
with 19 CFR 351.106(c), we will instruct
CBP to assess antidumping duties on all
appropriate entries covered by this
review if any importer–specific
assessment rate calculated in the final
results of this review is above de
minimis (i.e., is not less than 0.50
percent ad valorem). For entries made
5 AB Sandvik Materials Technology or SMT is
affiliated with FSAB and is also the parent
company of SMT U.S.
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15:22 Apr 09, 2007
Jkt 211001
17837
by FSAB on behalf of its U.S. affiliate,
FSI, we calculated the importer–specific
ad valorem duty assessment rate based
on the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of those sales. However, for
shipments of subject merchandise
produced by FSAB and imported by its
U.S. affiliate, SMT U.S., where the
respondent was unable to provide the
entered value, we calculated the
importer–specific per–unit duty
assessment rate by aggregating the total
amount of antidumping duties
calculated for the examined sales and
divided this amount by the total
quantity of those sales. To determine
whether the per–unit duty assessment
rate is de minimis, in accordance with
the requirement set forth in 19 CFR
351.106(c)(2), we calculated an
importer–specific ad valorem ratio
based on the estimated entered value.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). This
clarification will apply to entries of
subject merchandise during the POR
produced by the company included in
these final results of review for which
the reviewed company did not know
that the merchandise it sold to the
intermediary (e.g., reseller, trading
company, or exporter) 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
intermediary 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).
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 5.71
percent. This rate is the ‘‘All Others’’
rate from the LTFV investigation. These
deposit requirements shall remain in
effect until further notice.
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
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
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this
determination and notice in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.221.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(1) of the Act: (1) the
cash deposit rate for FSAB/SMT/
Kanthal will be the rate indicated above;
(2) for previously investigated
companies not listed above, the cash
deposit rate will continue to be the
company–specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original less–than-fair–
value (‘‘LTFV’’) investigation, but the
manufacturer is, then the cash deposit
Comment 1: Whether to Include
Electroslag Refining As a Model–
Matching Criterion
Comment 2: Grade–Matching
Methodology
PO 00000
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Sfmt 4703
Dated: April 4, 2007,
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
Appendix List of Issues
Comment 3: Treatment of One U.S. Sale
Entered During the POR But Sold Prior
to the POR
Comment 4: Application of Further
Manufacturing G&A Expenses to Sales
of Non–Further Manufactured
Merchandise
Comment 5: Calculation of Affiliated
Supplier’s Billet Cost
[FR Doc. E7–6749 Filed 4–9–07; 8:45 am]
BILLING CODE 3510–DS–S
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]]>Agencies
[Federal Register Volume 72, Number 68 (Tuesday, April 10, 2007)]
[Notices]
[Pages 17834-17837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6749]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-401-806]
Stainless Steel Wire Rod from Sweden: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 6, 2006, the Department of Commerce published the
preliminary results of the 2004-2005 administrative review of the
antidumping duty order on stainless steel wire rod from Sweden. The
review covers one manufacturer/exporter, Fagersta Stainless AB
(``FSAB''). The period of review (``POR'') is September 1, 2004,
through August 31, 2005.
Based on our analysis of the comments received, we have made
changes to the margin calculations. 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: April 10, 2007.
FOR FURTHER INFORMATION CONTACT: Brian C. Smith, AD/CVD Operations,
Office 2, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-1766.
SUPPLEMENTARY INFORMATION:
Background
The review covers one manufacturer/exporter: Fagersta Stainless AB
(``FSAB''). The period of review is September 1, 2004, through August
31, 2005.
On October 6, 2006, the Department of Commerce (``the Department'')
published the preliminary results of this administrative review of the
antidumping duty order on stainless steel wire rod from Sweden. See
Stainless Steel Wire Rod from Sweden: Preliminary Results of
Antidumping Duty Administrative Review, 71 FR 59082 (October 6, 2006)
(``Preliminary Results''). We invited interested parties to comment on
the preliminary results of review.\1\
---------------------------------------------------------------------------
\1\ In the Preliminary Results, we determined it appropriate to
treat FSAB and its affiliates, AB Sandvik Materials Technology
(``SMT'') and Kanthal AB (``Kanthal''), as one entity for margin
calculation purposes because they met the regulatory criteria for
collapsing affiliated producers. See April 13, 2006, Memorandum from
the Team to The File, entitled ``Stainless Steel Wire Rod from
Sweden: Whether to Collapse FSAB, SMT, and Kanthal.'' No party
objected to this preliminary determination. Therefore, we have
continued to treat these affiliated companies as one entity in the
final results.
---------------------------------------------------------------------------
FSAB filed its case brief on November 27, 2006, and the
petitioners\2\ filed their rebuttal brief on December 4, 2006. Per
FSAB's November 3, 2006, request, we held a hearing on December 6,
2006.
---------------------------------------------------------------------------
\2\ The petitioners include the following companies: Carpenter
Technology Corporation; Crucible Specialty Metals Division, Crucible
Materials Corporation; and Electroalloy Corporation, a Division of
G.O. Carlson, Inc.
---------------------------------------------------------------------------
On January 11, 2007, we extended the time limit for the final
results in this review until April 4, 2007. See Notice of Extension of
Time Limit for Final Results of Antidumping Duty Administrative Review:
Stainless Steel
[[Page 17835]]
Wire Rod from Sweden, 72 FR 2261 (January 18, 2007).
We have conducted this administrative review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (``the Act'').
Scope of the Order
For purposes of this order, SSWR comprises products that are hot-
rolled or hot-rolled annealed and/or pickled and/or descaled rounds,
squares, octagons, hexagons or other shapes, in coils, that may also be
coated with a lubricant containing copper, lime or oxalate. SSWR is
made of alloy steels containing, by weight, 1.2 percent or less of
carbon and 10.5 percent or more of chromium, with or without other
elements. These products are manufactured only by hot-rolling or hot-
rolling annealing, and/or pickling and/or descaling, are normally sold
in coiled form, and are of solid cross-section. The majority of SSWR
sold in the United States is round in cross-sectional shape, annealed
and pickled, and later cold-finished into stainless steel wire or
small-diameter bar. The most common size for such products is 5.5
millimeters or 0.217 inches in diameter, which represents the smallest
size that normally is produced on a rolling mill and is the size that
most wire-drawing machines are set up to draw. The range of SSWR sizes
normally sold in the United States is between 0.20 inches and 1.312
inches in diameter.
Certain stainless steel grades are excluded from the scope of the
order. SF20T and K-M35FL are excluded. The following proprietary grades
of Kanthal AB are also excluded: Kanthal A-1, Kanthal AF, Kanthal A,
Kanthal D, Kanthal DT, Alkrothal 14, Alkrothal 720, and Nikrothal 40.
The chemical makeup for the excluded grades is as follows:
SF20T
Carbon.............................................. 0.05 max Chromium 19.00/21.00
Manganese........................................... 2.00 max Molybdenum 1.50/2.50
Phosphorous......................................... 0.05 max Lead added (0.10/0.30)
Sulfur.............................................. 0.15 max Tellurium added (0.03 min)
Silicon............................................. 1.00 max
----------------------------------------------------------------------------------------------------------------
K-M35FL
Carbon.............................................. 0.015 max Nickel 0.30 max
Silicon............................................. 0.70/1.00 Chromium 12.50/14.00
Manganese........................................... 0.40 max Lead 0.10/0.30
Phosphorous......................................... 0.04 max Aluminum 0.20/0.35
Sulfur.............................................. 0.03 max
----------------------------------------------------------------------------------------------------------------
Kanthal A-1
Carbon.............................................. 0.08 max Aluminum 5.30 min, 6.30 max
Silicon............................................. 0.70 max Iron balance
Manganese........................................... 0.40 max Chromium 20.50 min, 23.50
max
----------------------------------------------------------------------------------------------------------------
Kanthal AF
Carbon.............................................. 0.08 max Aluminum 4.80 min, 5.80 max
Silicon............................................. 0.70 max Iron balance
Manganese........................................... 0.40 max
Chromium............................................ 20.50 min, 23.50
max
----------------------------------------------------------------------------------------------------------------
Kanthal A
Carbon.............................................. 0.08 max Aluminum 4.80 min, 5.80 max
Silicon............................................. 0.70 max Iron balance
Manganese........................................... 0.50 max
Chromium............................................ 20.50 min, 23.50
max
----------------------------------------------------------------------------------------------------------------
Kanthal D
Carbon.............................................. 0.08 max Aluminum 4.30 min, 5.30 max
Silicon............................................. 0.70 max Iron balance
Manganese........................................... 0.50 max
Chromium............................................ 20.50 min, 23.50
max
----------------------------------------------------------------------------------------------------------------
Kanthal DT
Carbon.............................................. 0.08 max Aluminum 4.60 min, 5.60 max
Silicon............................................. 0.70 max Iron balance
Manganese........................................... 0.50 max
[[Page 17836]]
Chromium............................................ 20.50 min, 23.50
max
----------------------------------------------------------------------------------------------------------------
Alkrothal 14
Carbon.............................................. 0.08 max Aluminum 3.80 min, 4.80 max
Silicon............................................. 0.70 max Iron balance
Manganese........................................... 0.50 max
Chromium............................................ 14.00 min, 16.00
max
----------------------------------------------------------------------------------------------------------------
Alkrothal 720
Carbon.............................................. 0.08 max Aluminum 3.50 min, 4.50 max
Silicon............................................. 0.70 max Iron balance
Manganese........................................... 0.70 max
Chromium............................................ 12.00 min, 14.00
max
----------------------------------------------------------------------------------------------------------------
Nikrothal 40
Carbon......................................... 0.10 max Nickel 34.00 min, 37.00 max
Silicon........................................ 1.60 min, 2.50 max Iron balance
Manganese...................................... 1.00 max
Chromium....................................... 18.00 min, 21.00
max
----------------------------------------------------------------------------------------------------------------
The subject merchandise is currently classifiable under subheadings
7221.00.0005, 7221.00.0015, 7221.00.0030, 7221.00.0045, and
7221.00.0075 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of this order is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by the
parties to this antidumping duty administrative review are addressed in
the ``Issues and Decision Memorandum'' (Decision Memo) from Stephen J.
Claeys, Deputy Assistant Secretary for Import Administration, to David
M. Spooner, Assistant Secretary for Import Administration, dated April
4, 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 Decision Memo, 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
Memo can be accessed directly on the Web at https://ia.ita.doc.gov/frn.
The paper copy and electronic version of the Decision Memo are
identical in content.
Changes from the Preliminary Results
Based on the information submitted and our analysis of the comments
received, we have made certain changes to the margin calculations for
FSAB as follows.
(1) We matched products of identical grade first before matching
products of the next most similar grade and, where appropriate,
attempted to match products beyond the top three most similar grades
before resorting to constructed value (``CV''), consistent with our
intent in the preliminary results and in accordance with the
Department's practice. See Comment 2 for further discussion.
(2) We included in our final margin analysis a U.S. sales
transaction made by FSAB's U.S. affiliate, Fagersta Stainless Inc.
(``FSI''), for which the entry date was within the POR but the sale
date preceded the POR, in accordance with the Department's normal
practice to review sales associated with entries made during the review
period. See Comment 3 for further discussion.
(3) We corrected a clerical error by applying the general and
administrative (``G&A'') expenses and further manufacturing costs,
which were recalculated in the Preliminary Results, to only the U.S.
sales of FSAB's other U.S. affiliate, Sandvik Metallurgical Technology
U.S. (``SMT U.S.''), for which SMT U.S. reported an amount for further
manufacturing. See Comment 4 for further discussion.
(4) For SMT U.S.' sales of merchandise that was further
manufactured but for which SMT U.S. did not report a further
manufacturing cost, we applied as facts available under section
776(a)(1) of the Act, a weighted average of the costs reported by SMT
U.S. for its other U.S. sales of further-manufactured merchandise, as
recalculated for purposes of the Preliminary Results, and deducted this
amount from the prices of the U.S. sales at issue. See Comment 4 for
further discussion.
(5) We used SMACC's\3\ cost of producing billets reported in the
August 18, 2006, Section D supplemental questionnaire response to
compare to the market price of billets and to the transfer price FSAB
paid to SMACC for billets used to make the merchandise under
consideration. We also excluded an additional G&A expense relevant to
Outokumpu Oyj\4\ which had been
[[Page 17837]]
incorrectly added to SMACC's cost of production for purposes of the
Preliminary Results. In addition, we included the total net foreign
exchange gain or loss in the calculation of Outokumpu Oyj's
consolidated financial expense rate that was applied to SMACC's cost of
producing the billets, in accordance with Department practice. See
Comment 5 for further discussion.
---------------------------------------------------------------------------
\3\ SMACC or Outokumpu Stainless Ltd. Sheffield is affiliated
with FSAB.
\4\ Outokumpu Oyj is the consolidated parent of SMACC.
---------------------------------------------------------------------------
(6) We corrected a clerical error by subtracting the adjustment to
SMT's\5\ transfer price from FSAB's cost of billets prior to
calculating FSAB's total cost of manufacturing.
---------------------------------------------------------------------------
\5\ AB Sandvik Materials Technology or SMT is affiliated with
FSAB and is also the parent company of SMT U.S.
---------------------------------------------------------------------------
(7) We corrected a clerical error by converting FSAB's U.S.
affiliate's reported U.S. inventory carrying costs from SEK/kg. to USD/
lb. in the margin calculations.
See April 4, 2007, Memorandum from Case Analyst to The File,
entitled ``Calculation Memorandum for the Final Results for Fagersta
Stainless AB; and April 4, 2007, Memorandum to Neal M.
Halper from Michael P. Harrison, entitled ``Cost of Production,
Constructed Value and Further Manufacturing Calculation Adjustments for
the Final Results - Fagersta Stainless AB,'' for further details.
Final Results of Review
We determine that the following weighted-average margin percentage
exists:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Fagersta Stainless AB/AB Sandvik Materials 20.42
Technology/Kanthal AB..............................
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, in accordance with 19 CFR 351.212(b). The
Department will issue appropriate appraisement instructions for the
company subject to this review directly to CBP 15 days after
publication of these final results of review. In accordance with 19 CFR
351.106(c), we will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any importer-specific
assessment rate calculated in the final results of this review is above
de minimis (i.e., is not less than 0.50 percent ad valorem). For
entries made by FSAB on behalf of its U.S. affiliate, FSI, we
calculated the importer-specific ad valorem duty assessment rate based
on the ratio of the total amount of antidumping duties calculated for
the examined sales to the total entered value of those sales. However,
for shipments of subject merchandise produced by FSAB and imported by
its U.S. affiliate, SMT U.S., where the respondent was unable to
provide the entered value, we calculated the importer-specific per-unit
duty assessment rate by aggregating the total amount of antidumping
duties calculated for the examined sales and divided this amount by the
total quantity of those sales. To determine whether the per-unit duty
assessment rate is de minimis, in accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we calculated an importer-specific ad
valorem ratio based on the estimated entered value.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of subject merchandise during the
POR produced by the company included in these final results of review
for which the reviewed company did not know that the merchandise it
sold to the intermediary (e.g., reseller, trading company, or exporter)
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 intermediary involved in the transaction. For a full
discussion of this clarification, see Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(1) of the Act: (1) the cash deposit rate for FSAB/SMT/Kanthal
will be the rate indicated above; (2) for previously investigated
companies not listed above, the cash deposit rate will continue to be
the company-specific rate published for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original less-than-fair-value (``LTFV'') investigation, but the
manufacturer is, then 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 5.71 percent. This rate is the ``All
Others'' rate from the LTFV investigation. These deposit requirements
shall remain in effect until further notice.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.221.
Dated: April 4, 2007,
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
Appendix List of Issues
Comment 1: Whether to Include Electroslag Refining As a Model-Matching
Criterion
Comment 2: Grade-Matching Methodology
Comment 3: Treatment of One U.S. Sale Entered During the POR But Sold
Prior to the POR
Comment 4: Application of Further Manufacturing G&A Expenses to Sales
of Non-Further Manufactured Merchandise
Comment 5: Calculation of Affiliated Supplier's Billet Cost
[FR Doc. E7-6749 Filed 4-9-07; 8:45 am]
BILLING CODE 3510-DS-S
