Stainless Steel Sheet and Strip in Coils From Taiwan: Final Results and Rescission in Part of Antidumping Duty Administrative Review, 74704-74707 [E8-29125]
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74704
Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Notices
Duty Administrative Reviews and
Rescission of Reviews in Part, 73 FR
52823 (September 11, 2008) (Final
Results).
We received a timely allegation of a
ministerial error pursuant to 19 CFR
§ 351.224(c) from The Timken
Company, a petitioner, that our
recalculation of NTN’s home–market
packing expenses reflected use of
incorrect expense ratios. We agree that
there is a ministerial error.
Before the Department issued
amended final results reflecting
correction of the ministerial error, NTN
filed a summons and complaint to
challenge the Final Results. Aisin Seiki
Company, Ltd., also filed a summons
and complaint with the Court of
International Trade (CIT) to challenge
the Final Results. In both cases,
jurisdiction over the administrative
proceeding vested with the CIT.
The Department subsequently moved
for leave of court to amend the Final
Results. On November 24, 2008, the CIT
granted the Department’s motion. See
NTN Corporation v. United States, Slip
Op. 08–129, Consol. Court No. 08–
00329 (November 24, 2008). Therefore,
we are hereby amending the Final
Results with respect to NTN to correct
the error in our calculation of NTN’s
home–market packing expenses in
accordance with 19 CFR § 351.224(e).
For details regarding the ministerial
error, see the memorandum from
Thomas Schauer to the File entitled
‘‘Ball Bearings from Japan - NTN
Corporation (NTN) Amended Final
Results Analysis Memorandum’’ dated
December 3, 2008.
In addition, because the margin we
calculated for respondents not selected
for individual examination was based
on a simple average of the rates of the
two selected respondents in this review
(JTEKT Corporation and NTN), we have
recalculated the margin for the non–
selected respondents to reflect the
change in NTN’s margin.
Amended Final Results of Review
As a result of the corrections of the
ministerial error, we determine that the
following percentage weighted–average
dumping margins on ball bearings and
parts thereof exist for the period May 1,
2006, through April 30, 2007:
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Company
Margin
Aisin Seiki Company, Ltd. ................
Canon, Inc. .......................................
Nachi–Fujikoshi Corp. ......................
Nippon Pillow Block Company Ltd. ..
NTN ..................................................
Sapporo Precision, Inc .....................
Toyota Motor Corp./Toyota Industries Corp. .....................................
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17:00 Dec 08, 2008
10.31
10.31
10.31
10.31
12.58
10.31
10.31
Jkt 217001
Company
Margin
Yamazaki Mazak Trading Company
10.31
The Department will determine and
the U.S. Bureau of Customs and Border
Protection (CBP) shall assess
antidumping duties on all appropriate
entries. Except where the CIT has issued
preliminary injunctions enjoining the
liquidation of certain entries during the
period of review, we intend to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of these amended final results of review.
For a general discussion of the
application of assessment rates, see
Final Results, 73 FR at 52825–6.
We will also direct CBP to collect
cash deposits of estimated antidumping
duties on all appropriate entries at the
rates as amended by this notice and in
accordance with the procedures
discussed in the Final Results, 73 FR at
52825–6. The amended deposit
requirements are effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after September
11, 2008, the date on which we
published the Final Results in the
Federal Register. We will instruct CBP
to collect cash deposits of estimated
antidumping duties for all shipments of
the subject merchandise entered, or
withdrawn from warehouse, for
consumption as provided for by section
751(a)(2)(C) of the Act, based on these
amended final results, retroactively
effective to September 11, 2008, the date
of publication of the Final Results.
We are issuing and publishing this
determination and notice in accordance
with sections 751(a)(1) and 777(i) of the
Tariff Act of 1930, as amended, and 19
CFR § 351.224(e).
Dated: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–29127 Filed 12–8–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–831]
Stainless Steel Sheet and Strip in Coils
From Taiwan: Final Results and
Rescission in Part of Antidumping
Duty Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 5, 2008, the
Department of Commerce (the
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Sfmt 4703
Department) published the preliminary
results of the administrative review of
the antidumping duty order on stainless
steel sheet and strip in coils (SSSSC)
from Taiwan. This review covers one
producer/exporter of the subject
merchandise to the United States. The
period of review (POR) is July 1, 2006,
through June 30, 2007. We are
rescinding the review with respect to
two companies because these
companies had no shipments of subject
merchandise during the POR.
Based on our analysis of the
comments received, we have made no
changes in the margin calculation.
Therefore, the final results do not differ
from the preliminary results. The final
weighted-average dumping margins for
the reviewed firms are listed below in
the section entitled ‘‘Final Results of
Review.’’
DATES: Effective Date: December 9, 2008.
FOR FURTHER INFORMATION CONTACT:
Henry Almond, 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)
482–0049.
SUPPLEMENTARY INFORMATION:
Background
This review covers three producers/
exporters: Chia Far Industrial Factory
Co., Ltd. (Chia Far), Yieh United Steel
Corporation (YUSCO), and Ta Chen
Stainless Pipe Co., Ltd. (Ta Chen). Chia
Far is the only company participating in
this review, and we are rescinding the
review with respect to YUSCO and Ta
Chen.
On August 5, 2008, the Department
published in the Federal Register the
preliminary results of administrative
review of the antidumping duty order
on SSSSC from Taiwan. See Stainless
Steel Sheet and Strip in Coils from
Taiwan: Preliminary Results and
Preliminary Rescission in Part of
Antidumping Duty Administrative
Review, 73 FR 45393 (Aug. 5, 2008)
(Preliminary Results).
We invited parties to comment on our
preliminary results of review. In
September 2008, we received a case
brief from the petitioners 1 and a
rebuttal brief from Chia Far.
The Department has conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
1 The petitioners are Allegheny Ludlum
Corporation, AK Steel Corporation, United Auto
Workers Local 3303, United Steelworkers of
America, AFL–CIO/CLC, and Zanesville Armco
Independent Organization.
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Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Notices
Scope of the Order
The products covered by the order are
certain stainless steel sheet and strip in
coils. Stainless steel is an alloy steel
containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
of chromium, with or without other
elements. The subject sheet and strip is
a flat-rolled product in coils that is
greater than 9.5 mm in width and less
than 4.75 mm in thickness, and that is
annealed or otherwise heat treated and
pickled or otherwise descaled. The
subject sheet and strip may also be
further processed (e.g., cold-rolled,
polished, aluminized, coated, etc.)
provided that it maintains the specific
dimensions of sheet and strip following
such processing.
The merchandise subject to the order
is classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheadings: 7219.13.00.31,
7219.13.00.51, 7219.13.00.71,
7219.13.00.81, 7219.14.00.30,
7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20,
7219.32.00.25, 7219.32.00.35,
7219.32.00.36, 7219.32.00.38,
7219.32.00.42, 7219.32.00.44,
7219.33.00.05, 7219.33.00.20,
7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38,
7219.33.00.42, 7219.33.00.44,
7219.34.00.05, 7219.34.00.20,
7219.34.00.25, 7219.34.00.30,
7219.34.00.35, 7219.35.00.05,
7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10,
7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80,
7220.12.10.00, 7220.12.50.00,
7220.20.10.10, 7220.20.10.15,
7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10,
7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.20.70.05,
7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80,
7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, and
7220.90.00.80. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise under the order is
dispositive.
Excluded from the scope of the order
are the following: (1) Sheet and strip
that is not annealed or otherwise heat
treated and pickled or otherwise
descaled, (2) sheet and strip that is cut
to length, (3) plate (i.e., flat-rolled
stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e.,
cold-rolled sections, with a prepared
edge, rectangular in shape, of a width of
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17:00 Dec 08, 2008
Jkt 217001
not more than 9.5 mm), and (5) razor
blade steel. Razor blade steel is a flatrolled product of stainless steel, not
further worked than cold-rolled (coldreduced), 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).
Also excluded from the scope of the
order are certain specialty stainless steel
products described below. Flapper valve
steel is defined as stainless steel strip in
coils containing, by weight, between
0.37 and 0.43 percent carbon, between
1.15 and 1.35 percent molybdenum, and
between 0.20 and 0.80 percent
manganese. This steel also contains, by
weight, phosphorus of 0.025 percent or
less, silicon of between 0.20 and 0.50
percent, and sulfur of 0.020 percent or
less. The product is manufactured by
means of vacuum arc remelting, with
inclusion controls for sulphide of no
more than 0.04 percent and for oxide of
no more than 0.05 percent. Flapper
valve steel has a tensile strength of
between 210 and 300 ksi, yield strength
of between 170 and 270 ksi, plus or
minus 8 ksi, and a hardness (Hv) of
between 460 and 590. Flapper valve
steel is most commonly used to produce
specialty flapper valves in compressors.
Also excluded is a product referred to
as suspension foil, a specialty steel
product used in the manufacture of
suspension assemblies for computer
disk drives. Suspension foil is described
as 302/304 grade or 202 grade stainless
steel of a thickness between 14 and 127
microns, with a thickness tolerance of
plus-or-minus 2.01 microns, and surface
glossiness of 200 to 700 percent Gs.
Suspension foil must be supplied in coil
widths of not more than 407 mm, and
with a mass of 225 kg or less. Roll marks
may only be visible on one side, with
no scratches of measurable depth. The
material must exhibit residual stresses
of 2 mm maximum deflection, and
flatness of 1.6 mm over 685 mm length.
Certain stainless steel foil for
automotive catalytic converters is also
excluded from the scope of the order.
This stainless steel strip in coils is a
specialty foil with a thickness of
between 20 and 110 microns used to
produce a metallic substrate with a
honeycomb structure for use in
automotive catalytic converters. The
steel contains, by weight, carbon of no
more than 0.030 percent, silicon of no
more than 1.0 percent, manganese of no
more than 1.0 percent, chromium of
between 19 and 22 percent, aluminum
of no less than 5.0 percent, phosphorus
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74705
of no more than 0.045 percent, sulfur of
no more than 0.03 percent, lanthanum
of less than 0.002 or greater than 0.05
percent, and total rare earth elements of
more than 0.06 percent, with the
balance iron.
Permanent magnet iron-chromiumcobalt alloy stainless strip is also
excluded from the scope of the order.
This ductile stainless steel strip
contains, by weight, 26 to 30 percent
chromium, and 7 to 10 percent cobalt,
with the remainder of iron, in widths
228.6 mm or less, and a thickness
between 0.127 and 1.270 mm. It exhibits
magnetic remanence between 9,000 and
12,000 gauss, and a coercivity of
between 50 and 300 oersteds. This
product is most commonly used in
electronic sensors and is currently
available under proprietary trade names
such as Arnokrome III.2
Certain electrical resistance alloy steel
is also excluded from the scope of the
order. This product is defined as a nonmagnetic stainless steel manufactured to
American Society of Testing and
Materials specification B344 and
containing, by weight, 36 percent
nickel, 18 percent chromium, and 46
percent iron, and is most notable for its
resistance to high temperature
corrosion. It has a melting point of 1390
degrees Celsius and displays a creep
rupture limit of 4 kilograms per square
millimeter at 1000 degrees Celsius. This
steel is most commonly used in the
production of heating ribbons for circuit
breakers and industrial furnaces, and in
rheostats for railway locomotives. The
product is currently available under
proprietary trade names such as Gilphy
36.3
Certain martensitic precipitationhardenable stainless steel is also
excluded from the scope of the order.
This high-strength, ductile stainless
steel product is designated under the
Unified Numbering System as S45500grade 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
2 Arnokrome III is a trademark of the Arnold
Engineering Company.
3 Gilphy 36 is a trademark of Imphy, S.A.
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Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Notices
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 the 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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Period of Review
The POR is July 1, 2006, through June
30, 2007.
Partial Rescission of Review
As noted in the ‘‘Background’’ section
above, we are rescinding the review
with respect to two respondents, Ta
Chen and YUSCO. As noted in the
Preliminary Results, both Ta Chen and
YUSCO certified to the Department that
they had no shipments/entries of subject
merchandise into the United States
during the POR. The Department
subsequently confirmed with U.S.
Customs and Border Protection (CBP)
4 Durphynox
17 is a trademark of Imphy, S.A.
list of uses is illustrated and provided for
descriptive purposes only.
6 GIN4 Mo, GIN5 and GIN6 are the proprietary
grades of Hitachi Metals America, Ltd.
5 This
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17:00 Dec 08, 2008
Jkt 217001
the no-shipment claim made by YUSCO.
See the August 31, 2007, Memorandum
to The File from Nichole Zink, Analyst,
titled, ‘‘2006–2007 Administrative
Review of Stainless Steel Sheet and
Strips in Coils from Taiwan: Entry
Information from U.S. Customs and
Border Protection (CBP)’’ (CBP Memo).
Regarding Ta Chen, CBP information
indicated that this company may have
had shipments or entries of subject
merchandise during the POR. See the
CBP Memo. However, Ta Chen provided
documentation showing these entries
were not of subject merchandise.
Because the evidence on the record
indicates that neither Ta Chen nor
YUSCO exported subject merchandise
to the United States during the POR, we
preliminarily determined it was
appropriate to rescind the review for
both companies. See Preliminary
Results, 73 FR at 45395.
Since the preliminary results, no
party to this proceeding has commented
on our preliminary rescission for these
two companies. As a result, we are
rescinding the review with respect to Ta
Chen and YUSCO, in accordance with
19 CFR 351.213(d)(3) and the
Department’s practice. See, e.g., Chia
Far Indus. Factory Co., Ltd. v. United
States, 343 F. Supp. 2d 1344, 1374
(2004); Certain Steel Concrete
Reinforcing Bars From Turkey; Final
Results, Rescission of Antidumping
Duty Administrative Review in Part, and
Determination To Revoke in Part, 70 FR
67665, 67666 (Nov. 8, 2005); and Notice
of Final Results and Partial Rescission
of Antidumping Duty Administrative
Review: Certain Welded Carbon Steel
Pipe and Tube from Turkey, 63 FR
35190, 35191 (June 29, 1998).
Cost of Production
As discussed in the Preliminary
Results, we conducted an investigation
to determine whether Chia Far made
home market sales of the foreign like
product during the POR at prices below
its cost of production (COP) within the
meaning of section 773(b) of the Act.
See Preliminary Results, 73 FR at
45398–99. For these final results, we
performed the cost test following the
same methodology as in the Preliminary
Results.
We found that more than 20 percent
of Chia Far’s sales of a given product
during the reporting period were at
prices less than the weighted-average
COP for this period. Thus, we
determined that these below-cost sales
were made in ‘‘substantial quantities’’
within an extended period of time and
at prices which did not permit the
recovery of all costs within a reasonable
period of time in the normal course of
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Sfmt 4703
trade. See sections 773(b)(2)(B)–(D) of
the Act.
Therefore, for purposes of these final
results, we find that Chia Far made
below-cost sales not in the ordinary
course of trade. Consequently, we
disregarded the below-cost sales and
used the remaining sales as the basis for
determining normal value pursuant to
section 773(b)(1) of the Act.
Analysis of Comments Received
All issues raised in the case briefs by
parties to this administrative review,
and to which we have responded, are
listed in the Appendix to this notice and
addressed in the Issues and Decision
Memorandum (Decision Memo)
accompanying this notice, which is
adopted by this notice. 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 1117, 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 Since the Preliminary Results
Based on our analysis of the
comments received, we have made no
changes in the margin calculations for
Chia Far.
Final Results of Review
We determine that the following
weighted-average margin percentage
exists for the period July 1, 2006,
through June 30, 2007:
Manufacturer/producer/exporter
Margin
percentage
Chia Far Industrial Factory Co.,
Ltd. ........................................
2.71
Assessment
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of these final results of
review.
Pursuant to 19 CFR 351.212(b)(1), we
calculated importer-specific ad valorem
duty assessment rates for Chia Far based
on the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of those sales. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
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assessment rate is de minimis (i.e., less
than 0.50 percent).
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 its
merchandise was destined for the
United States. This clarification will
also apply to POR entries of subject
merchandise produced by companies
for which we are rescinding the review
based on certifications of no shipments,
because these companies certified that
they made no POR shipments of subject
merchandise for which they had
knowledge of U.S. destination. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate established in the less-thanfair-value (LTFV) investigation if there
is no rate for the intermediate
company(ies) involved in the
transaction.
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Cash Deposit Requirements
Further, the following deposit
requirements will be effective for all
shipments of SSSSC from Taiwan
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
for by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the reviewed
company will be the rate shown above,
except if the rate is less than 0.50
percent, de minimis within the meaning
of 19 CFR 351.106(c)(1), the cash
deposit will be zero; (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, or the 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 12.61
percent, the ‘‘All Others’’ rate made
effective by the LTFV investigation. See
Notice of Antidumping Duty Order;
Stainless Steel Sheet and Strip in Coils
From United Kingdom, Taiwan, and
South Korea, 64 FR 40555, 40557 (July
27, 1999). These deposit requirements,
when imposed, shall remain in effect
until further notice.
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17:00 Dec 08, 2008
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74707
Notification to Importers
This notice 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 double antidumping
duties.
Conservation Alternate and Primary,
Maritime Activities Alternate and
Primary. Applicants are chosen based
upon their particular expertise and
experience in relation to the seat for
which they are applying; community
and professional affiliations; philosophy
regarding the protection and
management of marine resources; and
possibly the length of residence in the
area affected by the Sanctuary.
Applicants who are chosen as members
should expect to serve 2–3 year terms,
pursuant to the Council’s Charter.
Notification to Interested Parties
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 these
results of review in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
DATES: Applications are due by January
30, 2009.
Dated: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix—Issues in the Decision
Memorandum
1. Affiliated Party Purchases.
2. Financial Expense Ratio.
3. Later-received Purchase Allowances.
[FR Doc. E8–29125 Filed 12–8–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Availability of Seats for the Cordell
Bank National Marine Sanctuary
Advisory Council
AGENCY: Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration,
Department of Commerce (DOC).
ACTION: Notice and request for
applications.
SUMMARY: The Office of National Marine
Sanctuaries is seeking applicants for the
following vacant seats on the Cordell
Bank National Marine Sanctuary
Advisory Council (Council):
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
ADDRESSES: Application kits may be
obtained on the Cordell Bank Web site
at: https://cordellbank.noaa.gov, and
from Cordell Bank National Marine
Sanctuary, Rowena Forest, P.O. Box
159, Olema, CA 94950. Completed
applications should be sent to the above
mailing address or faxed to (415) 663–
0315.
FOR FURTHER INFORMATION CONTACT:
Rowena Forest/CBNMS,
Rowena.Forest@noaa.gov, P.O. Box 159,
Olema, CA 94950, (415) 663–0314 x105.
SUPPLEMENTARY INFORMATION: The
Advisory Council for Cordell Bank was
established in 2002 to support the joint
management plan review process
currently underway for the CBNMS and
its neighboring sanctuaries, Gulf of the
Farallones and Monterey Bay National
Marine Sanctuaries. The Council has
members representing education,
research, conservation, maritime
activity, and community-at-large. The
government seats are held by
representatives from the National
Marine Fisheries Service, the United
States Coast Guard, and the managers of
the Gulf of the Farallones, Monterey Bay
and Channel Islands National Marine
Sanctuaries. The Council holds four
regular meetings per year, and one
annual retreat.
Authority: 16 U.S.C. Sections 1431, et seq.
(Federal Domestic Assistance Catalog
Number 11.429 Marine Sanctuary Program)
Dated: November 24, 2008.
Daniel J. Basta,
Director, Office of National Marine
Sanctuaries, National Ocean Services,
National Oceanic and Atmospheric
Administration.
[FR Doc. E8–29035 Filed 12–8–08; 8:45 am]
BILLING CODE 3510–22–M
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Pages 74704-74707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29125]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-831]
Stainless Steel Sheet and Strip in Coils From Taiwan: Final
Results and Rescission in Part of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 5, 2008, 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
(SSSSC) from Taiwan. This review covers one producer/exporter of the
subject merchandise to the United States. The period of review (POR) is
July 1, 2006, through June 30, 2007. We are rescinding the review with
respect to two companies because these companies had no shipments of
subject merchandise during the POR.
Based on our analysis of the comments received, we have made no
changes in the margin calculation. Therefore, the final results do not
differ from the preliminary results. The final weighted-average dumping
margins for the reviewed firms are listed below in the section entitled
``Final Results of Review.''
DATES: Effective Date: December 9, 2008.
FOR FURTHER INFORMATION CONTACT: Henry Almond, 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) 482-0049.
SUPPLEMENTARY INFORMATION:
Background
This review covers three producers/exporters: Chia Far Industrial
Factory Co., Ltd. (Chia Far), Yieh United Steel Corporation (YUSCO),
and Ta Chen Stainless Pipe Co., Ltd. (Ta Chen). Chia Far is the only
company participating in this review, and we are rescinding the review
with respect to YUSCO and Ta Chen.
On August 5, 2008, the Department published in the Federal Register
the preliminary results of administrative review of the antidumping
duty order on SSSSC from Taiwan. See Stainless Steel Sheet and Strip in
Coils from Taiwan: Preliminary Results and Preliminary Rescission in
Part of Antidumping Duty Administrative Review, 73 FR 45393 (Aug. 5,
2008) (Preliminary Results).
We invited parties to comment on our preliminary results of review.
In September 2008, we received a case brief from the petitioners \1\
and a rebuttal brief from Chia Far.
---------------------------------------------------------------------------
\1\ The petitioners are Allegheny Ludlum Corporation, AK Steel
Corporation, United Auto Workers Local 3303, United Steelworkers of
America, AFL-CIO/CLC, and Zanesville Armco Independent Organization.
---------------------------------------------------------------------------
The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
[[Page 74705]]
Scope of the Order
The products covered by the order are certain stainless steel sheet
and strip in coils. Stainless steel is an alloy steel containing, by
weight, 1.2 percent or less of carbon and 10.5 percent or more of
chromium, with or without other elements. The subject sheet and strip
is a flat-rolled product in coils that is greater than 9.5 mm in width
and less than 4.75 mm in thickness, and that is annealed or otherwise
heat treated and pickled or otherwise descaled. The subject sheet and
strip may also be further processed (e.g., cold-rolled, polished,
aluminized, coated, etc.) provided that it maintains the specific
dimensions of sheet and strip following such processing.
The merchandise subject to the order is classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings:
7219.13.00.31, 7219.13.00.51, 7219.13.00.71, 7219.13.00.81,
7219.14.00.30, 7219.14.00.65, 7219.14.00.90, 7219.32.00.05,
7219.32.00.20, 7219.32.00.25, 7219.32.00.35, 7219.32.00.36,
7219.32.00.38, 7219.32.00.42, 7219.32.00.44, 7219.33.00.05,
7219.33.00.20, 7219.33.00.25, 7219.33.00.35, 7219.33.00.36,
7219.33.00.38, 7219.33.00.42, 7219.33.00.44, 7219.34.00.05,
7219.34.00.20, 7219.34.00.25, 7219.34.00.30, 7219.34.00.35,
7219.35.00.05, 7219.35.00.15, 7219.35.00.30, 7219.35.00.35,
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.12.10.00, 7220.12.50.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05,
7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80,
7220.20.70.05, 7220.20.70.10, 7220.20.70.15, 7220.20.70.60,
7220.20.70.80, 7220.20.80.00, 7220.20.90.30, 7220.20.90.60,
7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and 7220.90.00.80.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the Department's written description of the merchandise under
the order is dispositive.
Excluded from the scope of the order are the following: (1) Sheet
and strip that is not annealed or otherwise heat treated and pickled or
otherwise descaled, (2) sheet and strip that is cut to length, (3)
plate (i.e., flat-rolled stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a
prepared edge, rectangular in shape, of a width of not more than 9.5
mm), and (5) razor blade steel. Razor blade steel is a flat-rolled
product of stainless steel, not further worked than cold-rolled (cold-
reduced), in coils, of a width of not more than 23 mm and a thickness
of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent
chromium, and certified at the time of entry to be used in the
manufacture of razor blades. See Chapter 72 of the HTSUS, ``Additional
U.S. Note'' 1(d).
Also excluded from the scope of the order are certain specialty
stainless steel products described below. Flapper valve steel is
defined as stainless steel strip in coils containing, by weight,
between 0.37 and 0.43 percent carbon, between 1.15 and 1.35 percent
molybdenum, and between 0.20 and 0.80 percent manganese. This steel
also contains, by weight, phosphorus of 0.025 percent or less, silicon
of between 0.20 and 0.50 percent, and sulfur of 0.020 percent or less.
The product is manufactured by means of vacuum arc remelting, with
inclusion controls for sulphide of no more than 0.04 percent and for
oxide of no more than 0.05 percent. Flapper valve steel has a tensile
strength of between 210 and 300 ksi, yield strength of between 170 and
270 ksi, plus or minus 8 ksi, and a hardness (Hv) of between 460 and
590. Flapper valve steel is most commonly used to produce specialty
flapper valves in compressors.
Also excluded is a product referred to as suspension foil, a
specialty steel product used in the manufacture of suspension
assemblies for computer disk drives. Suspension foil is described as
302/304 grade or 202 grade stainless steel of a thickness between 14
and 127 microns, with a thickness tolerance of plus-or-minus 2.01
microns, and surface glossiness of 200 to 700 percent Gs. Suspension
foil must be supplied in coil widths of not more than 407 mm, and with
a mass of 225 kg or less. Roll marks may only be visible on one side,
with no scratches of measurable depth. The material must exhibit
residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm
over 685 mm length.
Certain stainless steel foil for automotive catalytic converters is
also excluded from the scope of the order. This stainless steel strip
in coils is a specialty foil with a thickness of between 20 and 110
microns used to produce a metallic substrate with a honeycomb structure
for use in automotive catalytic converters. The steel contains, by
weight, carbon of no more than 0.030 percent, silicon of no more than
1.0 percent, manganese of no more than 1.0 percent, chromium of between
19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of
no more than 0.045 percent, sulfur of no more than 0.03 percent,
lanthanum of less than 0.002 or greater than 0.05 percent, and total
rare earth elements of more than 0.06 percent, with the balance iron.
Permanent magnet iron-chromium-cobalt alloy stainless strip is also
excluded from the scope of the order. This ductile stainless steel
strip contains, by weight, 26 to 30 percent chromium, and 7 to 10
percent cobalt, with the remainder of iron, in widths 228.6 mm or less,
and a thickness between 0.127 and 1.270 mm. It exhibits magnetic
remanence between 9,000 and 12,000 gauss, and a coercivity of between
50 and 300 oersteds. This product is most commonly used in electronic
sensors and is currently available under proprietary trade names such
as Arnokrome III.\2\
---------------------------------------------------------------------------
\2\ Arnokrome III is a trademark of the Arnold Engineering
Company.
---------------------------------------------------------------------------
Certain electrical resistance alloy steel is also excluded from the
scope of the order. This product is defined as a non-magnetic stainless
steel manufactured to American Society of Testing and Materials
specification B344 and containing, by weight, 36 percent nickel, 18
percent chromium, and 46 percent iron, and is most notable for its
resistance to high temperature corrosion. It has a melting point of
1390 degrees Celsius and displays a creep rupture limit of 4 kilograms
per square millimeter at 1000 degrees Celsius. This steel is most
commonly used in the production of heating ribbons for circuit breakers
and industrial furnaces, and in rheostats for railway locomotives. The
product is currently available under proprietary trade names such as
Gilphy 36.\3\
---------------------------------------------------------------------------
\3\ Gilphy 36 is a trademark of Imphy, S.A.
---------------------------------------------------------------------------
Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of the order. This high-strength, ductile
stainless steel product is designated under the Unified Numbering
System 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
[[Page 74706]]
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.
---------------------------------------------------------------------------
Finally, three specialty stainless steels typically used in certain
industrial blades and surgical and medical instruments are also
excluded from the scope of the order. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
carpet knives).\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\
---------------------------------------------------------------------------
\5\ This list of uses is illustrated and provided for
descriptive purposes only.
\6\ GIN4 Mo, GIN5 and GIN6 are the proprietary grades of Hitachi
Metals America, Ltd.
---------------------------------------------------------------------------
Period of Review
The POR is July 1, 2006, through June 30, 2007.
Partial Rescission of Review
As noted in the ``Background'' section above, we are rescinding the
review with respect to two respondents, Ta Chen and YUSCO. As noted in
the Preliminary Results, both Ta Chen and YUSCO certified to the
Department that they had no shipments/entries of subject merchandise
into the United States during the POR. The Department subsequently
confirmed with U.S. Customs and Border Protection (CBP) the no-shipment
claim made by YUSCO. See the August 31, 2007, Memorandum to The File
from Nichole Zink, Analyst, titled, ``2006-2007 Administrative Review
of Stainless Steel Sheet and Strips in Coils from Taiwan: Entry
Information from U.S. Customs and Border Protection (CBP)'' (CBP Memo).
Regarding Ta Chen, CBP information indicated that this company may have
had shipments or entries of subject merchandise during the POR. See the
CBP Memo. However, Ta Chen provided documentation showing these entries
were not of subject merchandise. Because the evidence on the record
indicates that neither Ta Chen nor YUSCO exported subject merchandise
to the United States during the POR, we preliminarily determined it was
appropriate to rescind the review for both companies. See Preliminary
Results, 73 FR at 45395.
Since the preliminary results, no party to this proceeding has
commented on our preliminary rescission for these two companies. As a
result, we are rescinding the review with respect to Ta Chen and YUSCO,
in accordance with 19 CFR 351.213(d)(3) and the Department's practice.
See, e.g., Chia Far Indus. Factory Co., Ltd. v. United States, 343 F.
Supp. 2d 1344, 1374 (2004); Certain Steel Concrete Reinforcing Bars
From Turkey; Final Results, Rescission of Antidumping Duty
Administrative Review in Part, and Determination To Revoke in Part, 70
FR 67665, 67666 (Nov. 8, 2005); and Notice of Final Results and Partial
Rescission of Antidumping Duty Administrative Review: Certain Welded
Carbon Steel Pipe and Tube from Turkey, 63 FR 35190, 35191 (June 29,
1998).
Cost of Production
As discussed in the Preliminary Results, we conducted an
investigation to determine whether Chia Far made home market sales of
the foreign like product during the POR at prices below its cost of
production (COP) within the meaning of section 773(b) of the Act. See
Preliminary Results, 73 FR at 45398-99. For these final results, we
performed the cost test following the same methodology as in the
Preliminary Results.
We found that more than 20 percent of Chia Far's sales of a given
product during the reporting period were at prices less than the
weighted-average COP for this period. Thus, we determined that these
below-cost sales were made in ``substantial quantities'' within an
extended period of time and at prices which did not permit the recovery
of all costs within a reasonable period of time in the normal course of
trade. See sections 773(b)(2)(B)-(D) of the Act.
Therefore, for purposes of these final results, we find that Chia
Far made below-cost sales not in the ordinary course of trade.
Consequently, we disregarded the below-cost sales and used the
remaining sales as the basis for determining normal value pursuant to
section 773(b)(1) of the Act.
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review, and to which we have responded, are listed in
the Appendix to this notice and addressed in the Issues and Decision
Memorandum (Decision Memo) accompanying this notice, which is adopted
by this notice. 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
1117, 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 Since the Preliminary Results
Based on our analysis of the comments received, we have made no
changes in the margin calculations for Chia Far.
Final Results of Review
We determine that the following weighted-average margin percentage
exists for the period July 1, 2006, through June 30, 2007:
------------------------------------------------------------------------
Margin
Manufacturer/producer/exporter percentage
------------------------------------------------------------------------
Chia Far Industrial Factory Co., Ltd....................... 2.71
------------------------------------------------------------------------
Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates for Chia Far based on the ratio of the
total amount of antidumping duties calculated for the examined sales to
the total entered value of those sales. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to liquidate without regard to
antidumping duties any entries for which the
[[Page 74707]]
assessment rate is de minimis (i.e., less than 0.50 percent).
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 its merchandise was
destined for the United States. This clarification will also apply to
POR entries of subject merchandise produced by companies for which we
are rescinding the review based on certifications of no shipments,
because these companies certified that they made no POR shipments of
subject merchandise for which they had knowledge of U.S. destination.
In such instances, we will instruct CBP to liquidate unreviewed entries
at the all-others rate established in the less-than-fair-value (LTFV)
investigation if there is no rate for the intermediate company(ies)
involved in the transaction.
Cash Deposit Requirements
Further, the following deposit requirements will be effective for
all shipments of SSSSC from Taiwan entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the reviewed
company will be the rate shown above, except if the rate is less than
0.50 percent, de minimis within the meaning of 19 CFR 351.106(c)(1),
the cash deposit will be zero; (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, or the 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 12.61 percent, the ``All
Others'' rate made effective by the LTFV investigation. See Notice of
Antidumping Duty Order; Stainless Steel Sheet and Strip in Coils From
United Kingdom, Taiwan, and South Korea, 64 FR 40555, 40557 (July 27,
1999). These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice 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 double antidumping duties.
Notification to Interested Parties
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 these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix--Issues in the Decision Memorandum
1. Affiliated Party Purchases.
2. Financial Expense Ratio.
3. Later-received Purchase Allowances.
[FR Doc. E8-29125 Filed 12-8-08; 8:45 am]
BILLING CODE 3510-DS-P
