Stainless Steel Sheet and Strip in Coils from Mexico; Final Results of Antidumping Duty Administrative Review, 7710-7713 [E8-2464]
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7710
Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Notices
Comment 8: EPCGS Benefits for
Machinery Not Used to Produce Subject
Merchandise
Comment 9: The Treatment of
Countervailing Duties in the Benefit
Calculation for EPCGS
Comment 10: Company Specific
Average Useful Life (AUL) for MTZ
Comment 11: Purchases From a Union
Territory
Comment 12: Adjustments to Cash
Deposit Rates to Account for Program–
Wide Changes
Comment 13: State of Maharashtra
(SOM) Sales Tax Exemption
Comment 14: Timetable for the
Department to Consider Arguments
[FR Doc. E8–2467 Filed 2–8–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–351–841), (A–570–924), (A–549–825), (A–
520–803)
Polyethylene Terephthalate Film,
Sheet, and Strip from Brazil, the
People’s Republic of China, Thailand,
and the United Arab Emirates:
Postponement of Preliminary
Determinations of Antidumping Duty
Investigations
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 11, 2008.
FOR FURTHER INFORMATION CONTACT:
Mike Heaney for Brazil, Erin Begnal for
the People’s Republic of China, Stephen
Bailey for Thailand, and Douglas Kirby
for the United Arab Emirates, AD/CVD
Operations, Offices 6, 7, and 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4475, (202) 482–
1442, (202) 482–0193 and (202) 482–
3782, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Postponement of Preliminary
Determinations
On October 26, 2007, the Department
of Commerce (the Department) initiated
the antidumping duty investigations of
polyethylene terephthalate film, sheet,
and strip (PET Film) from Brazil, the
People’s Republic of China, Thailand,
and the United Arab Emirates. See
Polyethylene Terephthalate Film, Sheet,
and Strip (PET Film) from Brazil, the
People’s Republic of China, Thailand,
and the United Arab Emirates: Initiation
of Antidumping Duty Investigations, 72
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16:44 Feb 08, 2008
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FR 60801 (October 26, 2007). The notice
of initiation stated that the Department
would issue its preliminary
determinations for these investigations
no later than 140 days after the date of
issuance of the initiation (i.e., March 6,
2008) in accordance with section
733(b)(1)(A) of the Tariff Act of 1930, as
amended (the Act). Id. at 60806.
On January 23, 2008, DuPont Teijin
Films, Mitsubishi Polyester of America,
SKC Inc. and Toray Plastics (America),
Inc. (collectively, petitioners) made a
timely request pursuant to section
733(c)(1) of the Act and 19 CFR
351.205(e) for a postponement of the
preliminary determinations with respect
to Brazil, the People’s Republic of
China, Thailand, and the United Arab
Emirates. The petitioners requested
postponement of the preliminary
determinations with respect to these
four countries, explaining that they
need time to evaluate questionnaire
responses, the submissions of which
were extended by the Department.
Additionally, petitioners stated that
they intend to file sales–below-cost
allegations with respect to Thailand and
the United Arab Emirates, and
anticipated that the Department will
need time to adequately analyze these
allegations.
For the reasons identified by the
petitioners and because there are no
compelling reasons to deny the request,
the Department is postponing the
deadline for the preliminary
determinations with respect to Brazil,
the People’s Republic of China,
Thailand, and the United Arab Emirates
pursuant to section 733(c)(1)(A) of the
Act by 50 days to April 25, 2008. The
deadline for the final determinations
will continue to be 75 days after the
date of the preliminary determinations,
unless extended.
This notice is issued and published
pursuant to sections 733(c)(2) and 777(I)
of the Act, and 19 CFR 351.205(f)(1).
Dated: February 4, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–2460 Filed 2–8–08; 8:45 am]
BILLING CODE 3510–DS–S
PO 00000
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 August 6, 2007, the
Department of Commerce (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, 72 FR 43600
(August 6, 2007) (Preliminary Results).
This review covers sales of subject
merchandise made by ThyssenKrupp
Mexinox S.A. de C.V. (Mexinox) for the
period July 1, 2005 to June 30, 2006.
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: February 11, 2008.
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:
AGENCY:
Background
On August 6, 2007, 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, 2005,
to June 30, 2006. See Preliminary
Results. In response to the Department’s
invitation to comment on the
preliminary results of this review,
Allegheny Ludlum Corporation, United
Auto Workers Local 3303, Zanesville
Armco Independent Organization, Inc.
and the United Steelworkers of America
(collectively, petitioners) and Mexinox
filed their case briefs on November 13,
2007.1 Mexinox submitted its rebuttal
1 On September 11, 2007, we issued a
memorandum stating that the Department would
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Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Notices
brief on November 19, 2007, while
petitioners filed their rebuttal brief on
November 20, 2007. Also, at Mexinox’s
request, the Department held a public
hearing on December 6, 2007.
On September 4, 2007, we published
in the Federal Register our notice
partially extending the time limit for
this review until January 10, 2008. See
Stainless Steel Sheet and Strip in Coils
from Mexico: Extension of Time Limit
for Final Results of Antidumping Duty
Administrative Review, 72 FR 50663
(September 4, 2007). On January 14,
2008, we published in the Federal
Register our notice fully extending the
time limit for this review until February
4, 2008. See Stainless Steel Sheet and
Strip in Coils from Mexico: Second
Extension of Time Limit for Final
Results of Antidumping Duty
Administrative Review, 73 FR 2222
(January 14, 2008).
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Period of Review
The period of review (POR) is July 1,
2005 to June 30, 2006.
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,
postpone the briefing schedule for the final results
until cost verification reports were issued for
Mexinox. See Memorandum to the File, dated
September 11, 2007.
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16:44 Feb 08, 2008
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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
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7711
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.’’2
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
2 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
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Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Notices
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.’’3
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.’’4
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).5 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
3 ‘‘Gilphy
36’’ is a trademark of Imphy, S.A.
17’’ is a trademark of Imphy, S.A.
5 This list of uses is illustrative and provided for
descriptive purposes only.
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.’’6
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the
Tariff Act), we verified sales and cost
information provided by Mexinox, using
standard verification procedures such as
the examination of relevant sales and
financial records. Our verification
results are outlined in the public and
proprietary versions of our verification
reports, which are on file in the Central
Records Unit (CRU) in room 1117 of the
main Department building. See
‘‘Verification of the Sales Response of
Mexinox in the Antidumping Duty
Administrative Review of Stainless
Steel Sheet and Strip in Coils from
Mexico,’’ dated August 16, 2007 (Sales
Verification Report). See also
‘‘Verification of the Cost Response of
Mexinox in the Antidumping Duty
Administrative Review of Stainless
Steel Sheet and Strip in Coils from
Mexico,’’ dated November 2, 2007 (Cost
Verification Report).
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 February 4, 2008,
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
CRU in room B–099 of the main
Department building. In addition, a
complete version of the Decision
Memorandum can be accessed directly
4 ‘‘Durphynox
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6 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ and ‘‘GIN6’’ are the
proprietary grades of Hitachi Metals America, Ltd.
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via the Internet at www.ia.ita.doc.gov/
fm/. 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:
• In accordance with the major input
test we made adjustments to the
reported costs of direct material
costs for certain grades. See ‘‘Cost of
Production and Constructed Value
Calculation Adjustments for the
Final Results - ThyssenKrupp
Mexinox S.A. de C.V., ‘‘ dated
February 4, 2008 (Final Results Cost
Calculation Memorandum).
• We revised Mexinox’s reported cost
of production to include a certain
depreciation expense related to a
new production line installed
during the POR. See id.
• We revised Mexinox’s and Ken–Mac
Metal Inc.’s financial expense ratio
to exclude certain interest income
offsets from the numerator, and
exclude packing from the
denominator. See id.
• We revised Mexinox’s general and
administrative expenses to exclude
a portion of one of the income
offsets originally claimed by
Mexinox. See id.
These changes are discussed in the
relevant sections of the Decision
Memorandum and Cost Calculation
Memorandum. See also Memorandum
to the File, ‘‘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), dated February
4, 2008.
In addition, we have made changes
made to Mexinox’s reported cost
database as a result of first day
corrections identified by Mexinox
during our cost verification. See Cost
Verification Report at Exhibit 1.
Final Results of Review
We determine the following
weighted–average percentage margin
exists for the period July 1, 2005 to June
30, 2006:
Manufacturer / Exporter
ThyssenKrupp Mexinox S.A.
de C.V. ..............................
Weighted Average Margin
(percentage)
2.31 percent
Assessment
The Department will determine, and
U.S. Customs and Border Protection
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rwilkins on PROD1PC63 with NOTICES
(CBP) shall assess, antidumping duties
on all appropriate entries, pursuant to
section 751(a)(1) of the Tariff Act and 19
CFR 351.212(b). The Department
calculated an assessment rate for each
importer of the subject merchandise
covered by the review. Upon issuance of
the final results of this review, for any
importer–specific assessment rates
calculated in the final results that are
above de minimis (i.e., at or above 0.50
percent), we will issue appraisement
instructions directly to CBP to assess
antidumping duties on appropriate
entries by applying the assessment rate
to the entered value of the merchandise.
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). This
clarification will apply to entries of
subject merchandise during the POR
produced by Mexinox for which
Mexinox did not know the merchandise
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 id. 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, the all–others rate established
in the LTFV investigation. See Notice of
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16:44 Feb 08, 2008
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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.
7713
Comment 9: Year–End Inflation
Adjustment to G&A
Comment 10: Depreciation
Comment 11: Interest Expense
Comment 12: Packing Expense
Comment 13: G&A Expense
[FR Doc. E8–2464 Filed 2–8–08; 8:45 am]
BILLING CODE 3510–DS–S
Notification to Interested Parties
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
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 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: February 4, 2008.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix – Issues in Decision
Memorandum
General Issues
Comment 1: Revocation
Comment 2: Offsetting for U.S. Sales
that Exceed Normal Value
Adjustments to United States Price
Comment 3: U.S. Indirect Selling
Expenses
Comment 4: Temporary Import Bonds
Adjustments to Normal Value
Comment 5: Handling Expense
Comment 6: Circumstance–of-Sale
Adjustment
Cost of Production
Comment 7: Major Input Rule
Comment 8: Employee Profit Sharing
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of Intent to Prepare a Joint
Environmental Impact Statement /
Environmental Impact Report for the
Proposed Relocation of the National
Oceanic and Atmospheric
Administration’s Southwest Fisheries
Science Center located in La Jolla,
California
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Intent to prepare a
joint National Environmental Policy Act
(NEPA) Environmental Impact
Statement (EIS) and California
Environmental Quality Act (CEQA)
Environmental Impact Report (EIR);
request for comments.
AGENCY:
SUMMARY: NOAA announces its intent to
prepare a joint EIS/EIR to analyze the
environmental impacts of relocating its
Southwest Fisheries Science Center
(SWFSC) near the Scripps Institution of
Oceanography (SIO) within the
University of California at San Diego
(UCSD) campus in La Jolla, California.
Publication of this notice is to request
public participation during preparation
of the EIS/EIR to help determine the
scope of environmental issues and range
of alternatives to be addressed, and to
provide information as to how to
participate.
DATES: A public scoping meeting will
held on the following date:Wednesday,
February 20, 2008 – 5 p.m. tour of
SWFSC and 6 p.m. meeting start time,
SWFSC Lab, Building A, Large
Conference Room, 8604 La Jolla Shores
Drive, La Jolla, CA 92037.
FOR FURTHER INFORMATION CONTACT:
Anne Elston, Environmental Research
Analyst, SRI International, 333
Ravenswood Avenue, G 234, Menlo
Park, CA 94025–3493; e-mai
anne.elston@sri.com
SUPPLEMENTARY INFORMATION: The
National Marine Fisheries Service
(NMFS) is responsible for the
management, conservation, and
protection of living marine resources
within the U.S. Exclusive Economic
E:\FR\FM\11FEN1.SGM
11FEN1
]]>Agencies
[Federal Register Volume 73, Number 28 (Monday, February 11, 2008)]
[Notices]
[Pages 7710-7713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2464]
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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 August 6, 2007, the Department of Commerce (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, 72 FR
43600 (August 6, 2007) (Preliminary Results). This review covers sales
of subject merchandise made by ThyssenKrupp Mexinox S.A. de C.V.
(Mexinox) for the period July 1, 2005 to June 30, 2006. 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: February 11, 2008.
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 August 6, 2007, 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, 2005, to June 30, 2006. See Preliminary Results. In
response to the Department's invitation to comment on the preliminary
results of this review, Allegheny Ludlum Corporation, United Auto
Workers Local 3303, Zanesville Armco Independent Organization, Inc. and
the United Steelworkers of America (collectively, petitioners) and
Mexinox filed their case briefs on November 13, 2007.\1\ Mexinox
submitted its rebuttal
[[Page 7711]]
brief on November 19, 2007, while petitioners filed their rebuttal
brief on November 20, 2007. Also, at Mexinox's request, the Department
held a public hearing on December 6, 2007.
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\1\ On September 11, 2007, we issued a memorandum stating that
the Department would postpone the briefing schedule for the final
results until cost verification reports were issued for Mexinox. See
Memorandum to the File, dated September 11, 2007.
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On September 4, 2007, we published in the Federal Register our
notice partially extending the time limit for this review until January
10, 2008. See Stainless Steel Sheet and Strip in Coils from Mexico:
Extension of Time Limit for Final Results of Antidumping Duty
Administrative Review, 72 FR 50663 (September 4, 2007). On January 14,
2008, we published in the Federal Register our notice fully extending
the time limit for this review until February 4, 2008. See Stainless
Steel Sheet and Strip in Coils from Mexico: Second Extension of Time
Limit for Final Results of Antidumping Duty Administrative Review, 73
FR 2222 (January 14, 2008).
Period of Review
The period of review (POR) is July 1, 2005 to June 30, 2006.
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 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.''\2\
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\2\ ``Arnokrome III'' is a trademark of the Arnold Engineering
Company.
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Certain electrical resistance alloy steel is also excluded from the
scope of this order. This product is defined as a non-magnetic
stainless steel manufactured to American Society of Testing and
Materials (``ASTM'') specification B344 and containing, by weight, 36
percent nickel, 18 percent chromium, and 46 percent iron, and is most
notable for its resistance to high temperature corrosion. It has a
melting point of 1390 degrees Celsius and displays a creep
[[Page 7712]]
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.''\3\
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\3\ ``Gilphy 36'' is a trademark of Imphy, S.A.
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Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of this order. This high-strength, ductile
stainless steel product is designated under the Unified Numbering
System (``UNS'') as S45500-grade steel, and contains, by weight, 11 to
13 percent chromium, and 7 to 10 percent nickel. Carbon, manganese,
silicon and molybdenum each comprise, by weight, 0.05 percent or less,
with phosphorus and sulfur each comprising, by weight, 0.03 percent or
less. This steel has copper, niobium, and titanium added to achieve
aging, and will exhibit yield strengths as high as 1700 Mpa and
ultimate tensile strengths as high as 1750 Mpa after aging, with
elongation percentages of 3 percent or less in 50 mm. It is generally
provided in thicknesses between 0.635 and 0.787 mm, and in widths of
25.4 mm. This product is most commonly used in the manufacture of
television tubes and is currently available under proprietary trade
names such as ``Durphynox 17.''\4\
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\4\ ``Durphynox 17'' is a trademark of Imphy, S.A.
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Finally, three specialty stainless steels typically used in certain
industrial blades and surgical and medical instruments are also
excluded from the scope of this order. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
carpet knives).\5\ 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.''\6\
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\5\ This list of uses is illustrative and provided for
descriptive purposes only.
\6\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Tariff Act), we verified sales and cost information provided by
Mexinox, using standard verification procedures such as the examination
of relevant sales and financial records. Our verification results are
outlined in the public and proprietary versions of our verification
reports, which are on file in the Central Records Unit (CRU) in room
1117 of the main Department building. See ``Verification of the Sales
Response of Mexinox in the Antidumping Duty Administrative Review of
Stainless Steel Sheet and Strip in Coils from Mexico,'' dated August
16, 2007 (Sales Verification Report). See also ``Verification of the
Cost Response of Mexinox in the Antidumping Duty Administrative Review
of Stainless Steel Sheet and Strip in Coils from Mexico,'' dated
November 2, 2007 (Cost Verification Report).
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 February 4, 2008,
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 CRU in 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:
In accordance with the major input test we made
adjustments to the reported costs of direct material costs for certain
grades. See ``Cost of Production and Constructed Value Calculation
Adjustments for the Final Results - ThyssenKrupp Mexinox S.A. de C.V.,
`` dated February 4, 2008 (Final Results Cost Calculation Memorandum).
We revised Mexinox's reported cost of production to
include a certain depreciation expense related to a new production line
installed during the POR. See id.
We revised Mexinox's and Ken-Mac Metal Inc.'s financial
expense ratio to exclude certain interest income offsets from the
numerator, and exclude packing from the denominator. See id.
We revised Mexinox's general and administrative expenses
to exclude a portion of one of the income offsets originally claimed by
Mexinox. See id.
These changes are discussed in the relevant sections of the Decision
Memorandum and Cost Calculation Memorandum. See also Memorandum to the
File, ``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), dated
February 4, 2008.
In addition, we have made changes made to Mexinox's reported cost
database as a result of first day corrections identified by Mexinox
during our cost verification. See Cost Verification Report at Exhibit
1.
Final Results of Review
We determine the following weighted-average percentage margin
exists for the period July 1, 2005 to June 30, 2006:
------------------------------------------------------------------------
Weighted
Manufacturer / Exporter Average Margin
(percentage)
------------------------------------------------------------------------
ThyssenKrupp Mexinox S.A. de C.V........................ 2.31 percent
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection
[[Page 7713]]
(CBP) shall assess, antidumping duties on all appropriate entries,
pursuant to section 751(a)(1) of the Tariff Act and 19 CFR 351.212(b).
The Department calculated an assessment rate for each importer of the
subject merchandise covered by the review. Upon issuance of the final
results of this review, for any importer-specific assessment rates
calculated in the final results that are above de minimis (i.e., at or
above 0.50 percent), we will issue appraisement instructions directly
to CBP to assess antidumping duties on appropriate entries by applying
the assessment rate to the entered value of the merchandise. 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). This clarification will apply to
entries of subject merchandise during the POR produced by Mexinox for
which Mexinox did not know the merchandise 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 id.
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, 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 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 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: February 4, 2008.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix - Issues in Decision Memorandum
General Issues
Comment 1: Revocation
Comment 2: Offsetting for U.S. Sales that Exceed Normal Value
Adjustments to United States Price
Comment 3: U.S. Indirect Selling Expenses
Comment 4: Temporary Import Bonds
Adjustments to Normal Value
Comment 5: Handling Expense
Comment 6: Circumstance-of-Sale Adjustment
Cost of Production
Comment 7: Major Input Rule
Comment 8: Employee Profit Sharing
Comment 9: Year-End Inflation Adjustment to G&A
Comment 10: Depreciation
Comment 11: Interest Expense
Comment 12: Packing Expense
Comment 13: G&A Expense
[FR Doc. E8-2464 Filed 2-8-08; 8:45 am]
BILLING CODE 3510-DS-S
