Stainless Steel Bar from Spain: Final Results of Antidumping Duty Administrative Review, 42395-42396 [E7-15039]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Notices]
[Pages 42395-42396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15039]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-469-805


Stainless Steel Bar from Spain: Final Results of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 28, 2007, the Department of Commerce published the 
preliminary results of the 2005/2006 administrative review of the 
antidumping duty order on stainless steel bar from Spain. We gave 
interested parties an opportunity to comment on the preliminary 
results. Based on our analysis of the comments received we did not make 
changes for the final results. The final weighted-average dumping 
margin for a single respondent is listed below in the ``Final Results 
of the Review'' section of this notice.

EFFECTIVE DATE: August 2, 2007.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladamirov or Minoo Hatten, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0665 and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 28, 2007, the Department of Commerce (the Department) 
published Stainless Steel Bar from Spain: Preliminary Results of 
Antidumping Duty Administrative Review, 72 FR 14522 (March 28, 2007) 
(Preliminary Results) in the Federal Register. The period of review is 
March 1, 2005, through February 28, 2006.
    We invited parties to comment on the Preliminary Results. On April 
27, 2007, we received a case brief from the respondent, Sidenor 
Industrial SL (Sidenor). On May 7, 2007, Carpenter Technology 
Corporation, Valbruna Slater Stainless, Inc., and Electralloy 
Corporation, a Division of G.O. Carlson, Inc. (collectively, the 
domestic interested parties), filed a rebuttal brief. At the request of 
Sidenor, we held a hearing on May 16, 2007.
    We have conducted this review in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act).

Scope of Order

    The product covered by this order is stainless steel bar (SSB). SSB 
means articles of stainless steel in straight lengths that have been 
either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise 
cold-finished, or ground, having a uniform solid cross section along 
their whole length in the shape of circles, segments of circles, ovals, 
rectangles (including squares), triangles, hexagons, octagons or other 
convex polygons. SSB includes cold-finished SSBs that are turned or 
ground in straight lengths, whether produced from hot-rolled bar or 
from straightened and cut rod or wire, and reinforcing bars that have 
indentations, ribs, grooves, or other deformations produced during the 
rolling process.
    Except as specified above, the term does not include stainless 
steel semi-finished products, cut length flat-rolled products (i.e., 
cut length rolled products which if less than 4.75 mm in thickness have 
a width measuring at least 10 times the thickness, or if 4.75 mm or 
more in thickness having a width which exceeds 150 mm and measures at 
least twice the thickness), wire (i.e., cold-formed products in coils, 
of any uniform solid cross section along their whole length, which do 
not conform to the definition of flat-rolled products), and angles, 
shapes and sections.
    The SSB subject to this order is currently classifiable under 
subheadings 7222.10.0005, 7222.10.0050, 7222.20.0005, 7222.20.0045, 
7222.20.0075, and 7222.30.0000 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of this order is dispositive.

Analysis of Comments Received

    All comments raised in the case and rebuttal briefs by parties in 
this review of the antidumping duty order on stainless steel bar from 
Spain are addressed in the ``Issues and Decision Memorandum'' from 
Stephen J. Claeys, Deputy Assistant Secretary, to David M. Spooner, 
Assistant Secretary, dated July 26, 2007 (Decision Memorandum), which 
is hereby adopted by this notice. The Decision Memorandum, which is a 
public document, is on file in the Central Records Unit, main Commerce 
building, Room B-099, and is accessible on the Web at https://
ia.ita.doc.gov/frn/. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Changes Since The Preliminary Results

    With respect to Sidenor, in the Preliminary Results, we determined 
that the use of adverse facts available is appropriate as the basis for 
the weighted-average dumping margin. For these final results of review, 
we have continued to rely on the use of adverse facts available in 
establishing the weighted-average dumping margin for Sidenor for the 
period of review. Therefore, there were no changes since the 
Preliminary Results.

Use of Adverse Facts Available

    In accordance with section 776(b) of the Act, we determine that the 
use of adverse facts available as the basis for the weighted-average 
dumping margin is appropriate for Sidenor. As explained in the 
Preliminary Results and in the Memorandum from Mark Todd to Neal 
Halper, entitled ``Use of Adverse Facts Available for the Preliminary 
Determination,'' dated March 22, 2007 (AFA Memo), we determined that 
the cost-of-production (COP) questionnaire responses submitted by 
Sidenor are incomplete and cannot be used to calculate an accurate 
dumping margin for Sidenor. Specifically, as a result of the serious 
deficiencies that we identified and that Sidenor failed repeatedly to 
address with respect to its reporting of the COP information, we are 
unable to determine adequately whether the reported COP information 
reflects, reasonably and accurately, the costs incurred by Sidenor to 
produce the merchandise under consideration. Without this information, 
we cannot calculate an accurate dumping margin for this company.
    Therefore, as a consequence of the requested necessary information 
being absent from the record, we find that our reliance on facts 
otherwise available is warranted pursuant to section 776(a)(1) of the 
Act. Furthermore, we find that Sidenor has withheld requested 
information, failed to provide such information in the form and manner 
required, impeded the conduct of this review, and reported information 
that could not be verified. As such, pursuant to sections 776(a)(2)(A), 
(B), (C), and (D) of the Act, we find that the use of facts available 
for the final results is warranted. For a detailed discussion, please 
refer to the AFA Memo. See also the Decision Memorandum for a complete 
discussion of this issue.In addition, we find that Sidenor did not act 
to the best of its ability in reporting the COP information. Despite 
our repeated requests for information and

[[Page 42396]]

our generous provisions of extensions of due dates to respond, in some 
instances Sidenor continued to refrain from providing certain requested 
information regarding its reported costs; in other instances it 
provided confusing and sometimes contradictory information; yet in 
other instances it de-emphasized the significance or downplayed the 
necessity of our repeated requests for certain critical information by 
claiming that we had been ``misinterpreting'' or ``misunderstanding'' 
its COP response. See, e.g., Sidenor's January 24, 2007, third 
supplemental Section D questionnaire response at pages 1, 5, and 6. 
Therefore, we find that Sidenor has failed to cooperate to the best of 
its ability because Sidenor failed consistently to address certain 
critical elements for which we sought clarification or explanation in 
order to alleviate our concerns regarding the accuracy and reliability 
of Sidenor's reporting of its COP information. Accordingly, for these 
final results we find that, in selecting from among the facts otherwise 
available, an adverse inference is warranted. See the AFA Memo and the 
Decision Memorandum for a complete discussion of this issue.
    As total adverse facts available, we have applied the highest rate 
determined in the less-than-fair-value investigation, which is 62.85 
percent. See Notice of Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Bar From Spain, 59 FR 66931 (December 28, 1994). 
Furthermore, as required by section 776(c) of the Act, we corroborated 
this margin with respect to Sidenor, to the extent practicable. For a 
detailed explanation of how we corroborated this margin, see the 
Preliminary Results. See also the Decision Memorandum for a complete 
discussion of this issue.

Final Results of the Review

    As a result of our review, we determine a dumping margin of 62.85 
percent for Sidenor for the period March 1, 2005, through February 28, 
2006.

Assessment Rates

    The Department will 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). Because we are relying 
on total adverse facts available to establish Sidenor's dumping margin, 
we will instruct CBP to apply a dumping margin of 62.85 percent to all 
entries of subject merchandise during the period of review produced 
and/or exported by Sidenor. The Department intends to issue 
instructions to CBP 15 days after the date of publication of these 
final results of review.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, 
consistent with section 751(a)(1) of the Act: (1) the cash-deposit rate 
for Sidenor will be 62.85 percent; (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 previous review, 
or the original less-than-fair-value (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; (4) the 
cash-deposit rate for all other manufacturers or exporters will 
continue to be 25.77 percent, which is the ``all others'' rate 
established in the LTFV investigation. See Amended Final Determination 
and Antidumping Duty Order: Stainless Steel Bar From Spain, 60 FR 11656 
(March 2, 1995). These deposit requirements shall remain in effect 
until further notice.

Notification

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a 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 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: July 26, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-15039 Filed 8-1-07; 8:45 am]
Billing Code: 3510-DS-S