Stainless Steel Sheet and Strip in Coils from Japan: Final Results of Antidumping Duty Administrative Review, 6631-6634 [2010-2985]
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Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices
such instances, we will instruct CBP to
liquidate unreviewed entries at the
30.69 percent all-others rate if there is
no company-specific rate for an
intermediary involved in the
transaction.
sroberts on DSKD5P82C1PROD with NOTICES
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entered, or withdrawn from warehouse,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 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-fairvalue (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 30.69
percent, the all-others rate established
in the LTFV investigation. See Notice of
Amended Final Determination of Sales
at Less Than Fair Value and
Antidumping Duty Order; 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
further notice.
Notifications 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
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16:21 Feb 09, 2010
Jkt 220001
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 Act.
Dated: February 3, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix
List of Issues in Issues and Decision
Memorandum
General Issues
Comment 1: Clerical Errors.
Comment 2: Offsetting for U.S. Sales that
Exceed Normal Value.
Sales Issues
Comment 3: Date of Sale.
Comment 4: U.S. Indirect Selling Expenses.
Adjustments to Normal Value
Comment 5: Calculation of Credit
Expenses.
Cost of Production
Comment 6: Whether to Apply an
Alternative Cost Averaging Methodology.
Comment 7: General and Administrative
Expense Ratio (Employee Profit Sharing).
Comment 8: General and Administrative
Expense Ratio (Gains on Sale of Warehouse).
Comment 9: Financial Expenses.
[FR Doc. 2010–2987 Filed 2–9–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–845]
Stainless Steel Sheet and Strip in Coils
from Japan: Final Results of
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2009, 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 Japan. This review covers two
producers/exporters of the subject
merchandise to the United States. The
period of review (POR) is July 1, 2007,
through June 30, 2008.
Based on our analysis of the
comments received, we have made
PO 00000
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Sfmt 4703
6631
certain changes to the margin
calculations for Hitachi Cable Ltd.
(Hitachi Cable) and Nippon Kinzoku
Co., Ltd. (NKKN), producers/exporters
selected for individual review.
Therefore, the final results for Hitachi
Cable and NKKN 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.’’
FOR FURTHER INFORMATION CONTACT: Kate
Johnson or Rebecca Trainor, 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) 482–4929 or (202) 482–
4007, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers two producers/
exporters: Hitachi Cable and NKKN.
On August 7, 2009, the Department
published in the Federal Register the
preliminary results of the 2007–2008
administrative review of the
antidumping duty order on SSSSC from
Japan. See Stainless Steel Sheet and
Strip in Coils from Japan: Preliminary
Results of Antidumping Duty
Administrative Review, 74 FR 39615
(August 7, 2009) (Preliminary Results).
We invited parties to comment on those
preliminary results.
Since the Preliminary Results, we
conducted the cost verification of
Hitachi Cable from September 28
through October 2, 2009.
On October 28, 2009, we extended the
deadline for the final results until no
later than February 3, 2010. See
Stainless Steel Sheet and Strip in Coils
from Japan: Notice of Extension of Time
Limit for the Final Results of the 2007–
2008 Administrative Review, 74 FR
55539 (October 28, 2009).
On November 18, 2009, we received
case briefs from the domestic producers
of the subject merchandise (i.e., AK
Steel Corporation and Allegheny
Technologies, Inc.) and NKKN. A
rebuttal brief was received from Hitachi
on November 25, 2009.
The Department has conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
For purposes of this order, the
products covered are certain SSSSC.
Stainless steel is an alloy steel
containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
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Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices
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 (HTS) 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 HTS subheadings are
provided for convenience and customs
purposes, the Department’s written
description of the merchandise under
review is dispositive.
Excluded from the scope 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,
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16:21 Feb 09, 2010
Jkt 220001
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 HTS, ‘‘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.
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Permanent magnet iron–chromiumcobalt alloy stainless strip is also
excluded from the scope of this order.
This ductile stainless steel strip
contains, by weight, 26 to 30 percent
chromium, and 7 to 10 percent cobalt,
with the remainder of iron, in widths
228.6 mm or less, and a thickness
between 0.127 and 1.270 mm. It exhibits
magnetic remanence between 9,000 and
12,000 gauss, and a coercivity of
between 50 and 300 oersteds. This
product is most commonly used in
electronic sensors and is currently
available under proprietary trade names
such as ‘‘Arnokrome III.’’1
Certain electrical resistance alloy steel
is also excluded from the scope of this
order. This product is defined as a non–
magnetic stainless steel manufactured to
American Society of Testing and
Materials (ASTM) specification B344
and containing, by weight, 36 percent
nickel, 18 percent chromium, and 46
percent iron, and is most notable for its
resistance to high temperature
corrosion. It has a melting point of 1390
degrees Celsius and displays a creep
rupture limit of 4 kilograms per square
millimeter at 1000 degrees Celsius. This
steel is most commonly used in the
production of heating ribbons for circuit
breakers and industrial furnaces, and in
rheostats for railway locomotives. The
product is currently available under
proprietary trade names such as ‘‘Gilphy
36.’’2
Certain martensitic precipitation–
hardenable stainless steel is also
excluded from the scope of this order.
This high–strength, ductile stainless
steel product is designated under the
Unified Numbering System (UNS) as
S45500–grade steel, and contains, by
weight, 11 to 13 percent chromium, and
7 to 10 percent nickel. Carbon,
manganese, silicon and molybdenum
each comprise, by weight, 0.05 percent
or less, with phosphorus and sulfur
each comprising, by weight, 0.03
percent or less. This steel has copper,
niobium, and titanium added to achieve
aging, and will exhibit yield strengths as
high as 1700 Mpa and ultimate tensile
strengths as high as 1750 Mpa after
aging, with elongation percentages of 3
percent or less in 50 mm. It is generally
provided in thicknesses between 0.635
and 0.787 mm, and in widths of 25.4
mm. This product is most commonly
used in the manufacture of television
tubes and is currently available under
proprietary trade names such as
‘‘Durphynox 17.’’3
1 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
2‘‘Gilphy 36’’ is a trademark of Imphy, S.A.
3 ‘‘Durphynox 17’’ is a trademark of Imphy, S.A.
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Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices
Finally, three specialty stainless steels
typically used in certain industrial
blades and surgical and medical
instruments are also excluded from the
scope of this order. These include
stainless steel strip in coils used in the
production of textile cutting tools (e.g.,
carpet knives).4 This steel is similar to
AISI grade 420 but containing, by
weight, 0.5 to 0.7 percent of
molybdenum. The steel also contains,
by weight, carbon of between 1.0 and
1.1 percent, sulfur of 0.020 percent or
less, and includes between 0.20 and
0.30 percent copper and between 0.20
and 0.50 percent cobalt. This steel is
sold under proprietary names such as
‘‘GIN4 Mo.’’ The second excluded
stainless steel strip in coils is similar to
AISI 420–J2 and contains, by weight,
carbon of between 0.62 and 0.70
percent, silicon of between 0.20 and
0.50 percent, manganese of between
0.45 and 0.80 percent, phosphorus of no
more than 0.025 percent and sulfur of
no more than 0.020 percent. This steel
has a carbide density on average of 100
carbide particles per 100 square
microns. An example of this product is
‘‘GIN5’’ steel. The third specialty steel
has a chemical composition similar to
AISI 420 F, with carbon of between 0.37
and 0.43 percent, molybdenum of
between 1.15 and 1.35 percent, but
lower manganese of between 0.20 and
0.80 percent, phosphorus of no more
than 0.025 percent, silicon of between
0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product
is supplied with a hardness of more
than Hv 500 guaranteed after customer
processing, and is supplied as, for
example, ‘‘GIN6.’’5
Period of Review
The POR is July 1, 2007, through June
30, 2008.
sroberts on DSKD5P82C1PROD with NOTICES
Cost of Production
As discussed in the Preliminary
Results, we conducted sales–below-cost
investigations to determine whether
Hitachi and NKKN made home market
sales of the foreign like product during
the POR at prices below their costs of
production (COP) within the meaning of
section 773(b)(1) of the Act. See
Preliminary Results, 74 FR at 39620. For
both respondents, we performed the
cost test for these final results following
the same methodology as in the
Preliminary Results.
We found 20 percent or more of each
respondent’s sales of a given product
4 This list of uses is illustrative and provided for
descriptive purposes only.
5 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ and ‘‘GIN6’’ are the
proprietary grades of Hitachi Metals America, Ltd.
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16:21 Feb 09, 2010
Jkt 220001
6633
their U.S. sales, we have calculated
importer–specific ad valorem duty
assessment rates based on the ratio of
the total amount of antidumping duties
calculated for the examined sales to the
total entered value of the examined
sales for that importer. In those
instances where NKKN did not report
the entered value of its U.S. sales, we
have calculated importer–specific per–
unit duty assessment rates by
aggregating the total amount of
antidumping duties calculated for the
examined sales and dividing this
amount by the total quantity of those
sales. To determine whether the duty
assessment rates are de minimis, in
accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we have
calculated importer–specific ad valorem
ratios based on the estimated entered
Analysis of Comments Received
value.
We will instruct CBP to assess
All issues raised in the case briefs by
antidumping duties on all appropriate
parties to this administrative review,
entries covered by this review if any
and to which we have responded, are
listed in the Appendix to this notice and importer–specific assessment rate
calculated in the final results of this
addressed in the Issues and Decision
review is above de minimis (i.e., at or
Memorandum (the Decision Memo),
above 0.50 percent). Pursuant to 19 CFR
which is adopted by this notice. Parties
351.106(c)(2), we will instruct CBP to
can find a complete discussion of all
liquidate without regard to antidumping
issues raised in this review and the
corresponding recommendations in this duties any entries for which the
public memorandum, which is on file in assessment rate is de minimis (i.e., less
than 0.50 percent). The Department
the Central Records Unit, HCHB Room
intends to issue assessment instructions
1117, of the main Department building.
In addition, a complete version of the to CBP 15 days after the date of
Decision Memo can be accessed directly publication of these final results of
review.
on the Web at https://ia.ita.doc.gov/frn/
The Department clarified its
. The paper copy and electronic version
‘‘automatic assessment’’ regulation on
of the Decision Memo are identical in
May 6, 2003. See Antidumping and
content.
Countervailing Duty Proceedings:
Changes Since the Preliminary Results
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Based on our analysis of the
Policy Notice). This clarification will
comments received, we have made
apply to entries of subject merchandise
certain changes in the margin
during the POR produced by companies
calculations for Hitachi and NKKN.
included in these final results of review
These changes are discussed in the
relevant sections of the Decision Memo. for which the reviewed companies did
not know that the merchandise they
Final Results of Review
sold to the intermediary (e.g., a reseller,
We determine that weighted–average
trading company, or exporter) was
dumping margins exist for the
destined for the United States. In such
respondents for the period July 1, 2007,
instances, we will instruct CBP to
through June 30, 2008, as follows:
liquidate unreviewed entries at the all–
others rate established in the less–thanManufacturer/Exporter
Percent Margin
fair–value (LTFV) investigation if there
is no rate for the intermediary involved
Hitachi Cable Ltd. .........
0.00 in the transaction. See Assessment
Nippon Kinzoku ComPolicy Notice for a full discussion of this
pany, Ltd. ..................
0.54
clarification.
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 Hitachi and NKKN
made below–cost sales which were not
in the ordinary course of trade.
Consequently, we disregarded these
sales for each respondent and used the
remaining sales as the basis for
determining normal value pursuant to
section 773(b)(1) of the Act.
Assessment
The Department shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries.
In those instances where Hitachi and
NKKN reported the entered value of
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Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
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6634
Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices
this administrative review, as provided
by section 751(a)(2)(C) of the Act: 1) the
cash deposit rates for each specific
company listed above will be the rates
shown above, except if the rate is less
than 0.50 percent, and therefore, de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; 2) for
previously reviewed or investigated
companies not participating in this
review, 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 be 40.18 percent, the
all–others rate established in the LTFV
investigation. These requirements, when
imposed, shall remain in effect until
further notice.
Dated: February 3, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Notification to Importers
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 31, 2009, the
Department of Commerce (Department)
issued the preliminary results of
administrative review of the
countervailing duty order on
polyethylene terephthalate film, sheet,
and strip (PET film) from India for the
period January 1, 2007 through
December 31, 2007. See Polyethylene
Terephthalate Film, Sheet, and Strip
from India: Preliminary Results of
Countervailing Duty Administrative
Review, 74 FR 39631 (August 7, 2009)
(Preliminary Results). Based on the
results of our analysis of the comments
received, the Department has made
certain revisions to the subsidy rates for
the respondent, Jindal Poly Films
Limited of India (Jindal), formerly
named Jindal Polyester Limited (Jindal).
The final subsidy rate for the reviewed
company is listed below in the section
entitled ‘‘Final Results of Review.’’
EFFECTIVE DATE: February 10, 2010.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum, AD/CVD Operations, Office 6,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–0197.
SUPPLEMENTARY INFORMATION:
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.
sroberts on DSKD5P82C1PROD with NOTICES
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
final results of review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Appendix Issues in Decision Memo
Hitachi
Comment 1: Bona Fides of Hitachi
Cable’s U.S. Sale
NKKN
Comment 2: Sample Sales in the U.S.
Database
Comment 3: SAS Programming Errors
[FR Doc. 2010–2985 Filed 2–9–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–825]
Polyethylene Terephthalate Film,
Sheet, and Strip from India: Final
Results of Countervailing Duty
Administrative Review
Background
Since the issuance of the Preliminary
Results, the following events have
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16:21 Feb 09, 2010
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Sfmt 4703
occurred. The Department issued its
third supplemental questionnaire to the
Government of India (GOI) and to Jindal
on August 6, 2009. The GOI and Jindal
filed their responses on September 3,
2009, and on September 2, 2009,
respectively. The Department set an
initial briefing schedule on September
3, 2003, and revised it on September 8,
2009. Jindal filed a case brief on
December 22, 2009, and the petitioners,
Dupont Teijin Films, Mitsubishi
Polyester Film of America, and Toray
Plastics (America), Inc., filed a rebuttal
brief on January 4, 2010.
The Department issued its Post–
Preliminary Determination on
Invalidated Licenses under the Advance
License Program (ALP) on December 23,
2009. See Memorandum To Ronald K.
Lorentzen, Deputy Assistant Secretary
for Import Administration, from Barbara
E. Tillman, Director, AD/CVD
Operations, Office 6: Polyethylene
Terephthalate Film, Sheet and Strip
(PET film) from India: 2007
Administrative Review of the
Countervailing duty Order; Post–
Preliminary Determination (December
23, 2009) (Post–Preliminary
Determination Memorandum). Although
the Department invited interested
parties to comment, no comments were
filed on the Post–Preliminary
Determination Memorandum.
Scope of the Order
For purposes of the order, the
products covered are all gauges of raw,
pretreated, or primed Polyethylene
Terephthalate Film, Sheet and Strip,
whether extruded or coextruded.
Excluded are metallized films and other
finished films that have had at least one
of their surfaces modified by the
application of a performance–enhancing
resinous or inorganic layer of more than
0.00001 inches thick. Imports of PET
film are classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item number
3920.62.00.90. HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the order is dispositive.
Analysis of Comments Received
All issues raised in the case brief and
rebuttal brief by parties to this
administrative review are addressed in
the Issues and Decision Memorandum
in the Final Results of the
Countervailing Duty Administrative
Review of Polyethylene Terephthalate
Film, Sheet, and Strip (PET Film) from
India, from John M. Anderson, Acting
Deputy Assistant Secretary to Ronald K.
Lorentzen, Deputy Assistant Secretary
for Import Administration (February 3,
E:\FR\FM\10FEN1.SGM
10FEN1
]]>Agencies
[Federal Register Volume 75, Number 27 (Wednesday, February 10, 2010)]
[Notices]
[Pages 6631-6634]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2985]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-845]
Stainless Steel Sheet and Strip in Coils from Japan: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2009, 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 Japan. This review covers two producers/exporters of the
subject merchandise to the United States. The period of review (POR) is
July 1, 2007, through June 30, 2008.
Based on our analysis of the comments received, we have made
certain changes to the margin calculations for Hitachi Cable Ltd.
(Hitachi Cable) and Nippon Kinzoku Co., Ltd. (NKKN), producers/
exporters selected for individual review. Therefore, the final results
for Hitachi Cable and NKKN 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.''
FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, 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-
4929 or (202) 482-4007, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers two producers/exporters: Hitachi Cable and NKKN.
On August 7, 2009, the Department published in the Federal Register
the preliminary results of the 2007-2008 administrative review of the
antidumping duty order on SSSSC from Japan. See Stainless Steel Sheet
and Strip in Coils from Japan: Preliminary Results of Antidumping Duty
Administrative Review, 74 FR 39615 (August 7, 2009) (Preliminary
Results). We invited parties to comment on those preliminary results.
Since the Preliminary Results, we conducted the cost verification
of Hitachi Cable from September 28 through October 2, 2009.
On October 28, 2009, we extended the deadline for the final results
until no later than February 3, 2010. See Stainless Steel Sheet and
Strip in Coils from Japan: Notice of Extension of Time Limit for the
Final Results of the 2007-2008 Administrative Review, 74 FR 55539
(October 28, 2009).
On November 18, 2009, we received case briefs from the domestic
producers of the subject merchandise (i.e., AK Steel Corporation and
Allegheny Technologies, Inc.) and NKKN. A rebuttal brief was received
from Hitachi on November 25, 2009.
The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Scope of the Order
For purposes of this order, the products covered are certain SSSSC.
Stainless steel is an alloy steel containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
[[Page 6632]]
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 (HTS) 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 HTS subheadings are provided for
convenience and customs purposes, the Department's written description
of the merchandise under review is dispositive.
Excluded from the scope 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 HTS, ``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.''\1\
---------------------------------------------------------------------------
\1\ ``Arnokrome III'' is a trademark of the Arnold Engineering
Company.
---------------------------------------------------------------------------
Certain electrical resistance alloy steel is also excluded from the
scope of this order. This product is defined as a non-magnetic
stainless steel manufactured to American Society of Testing and
Materials (ASTM) specification B344 and containing, by weight, 36
percent nickel, 18 percent chromium, and 46 percent iron, and is most
notable for its resistance to high temperature corrosion. It has a
melting point of 1390 degrees Celsius and displays a creep rupture
limit of 4 kilograms per square millimeter at 1000 degrees Celsius.
This steel is most commonly used in the production of heating ribbons
for circuit breakers and industrial furnaces, and in rheostats for
railway locomotives. The product is currently available under
proprietary trade names such as ``Gilphy 36.''\2\
---------------------------------------------------------------------------
\2\``Gilphy 36'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------
Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of this order. This high-strength, ductile
stainless steel product is designated under the Unified Numbering
System (UNS) as S45500-grade steel, and contains, by weight, 11 to 13
percent chromium, and 7 to 10 percent nickel. Carbon, manganese,
silicon and molybdenum each comprise, by weight, 0.05 percent or less,
with phosphorus and sulfur each comprising, by weight, 0.03 percent or
less. This steel has copper, niobium, and titanium added to achieve
aging, and will exhibit yield strengths as high as 1700 Mpa and
ultimate tensile strengths as high as 1750 Mpa after aging, with
elongation percentages of 3 percent or less in 50 mm. It is generally
provided in thicknesses between 0.635 and 0.787 mm, and in widths of
25.4 mm. This product is most commonly used in the manufacture of
television tubes and is currently available under proprietary trade
names such as ``Durphynox 17.''\3\
---------------------------------------------------------------------------
\3\ ``Durphynox 17'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------
[[Page 6633]]
Finally, three specialty stainless steels typically used in certain
industrial blades and surgical and medical instruments are also
excluded from the scope of this order. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
carpet knives).\4\ This steel is similar to AISI grade 420 but
containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also
contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of
0.020 percent or less, and includes between 0.20 and 0.30 percent
copper and between 0.20 and 0.50 percent cobalt. This steel is sold
under proprietary names such as ``GIN4 Mo.'' The second excluded
stainless steel strip in coils is similar to AISI 420-J2 and contains,
by weight, carbon of between 0.62 and 0.70 percent, silicon of between
0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent,
phosphorus of no more than 0.025 percent and sulfur of no more than
0.020 percent. This steel has a carbide density on average of 100
carbide particles per 100 square microns. An example of this product is
``GIN5'' steel. The third specialty steel has a chemical composition
similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent,
molybdenum of between 1.15 and 1.35 percent, but lower manganese of
between 0.20 and 0.80 percent, phosphorus of no more than 0.025
percent, silicon of between 0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product is supplied with a hardness of
more than Hv 500 guaranteed after customer processing, and is supplied
as, for example, ``GIN6.''\5\
---------------------------------------------------------------------------
\4\ This list of uses is illustrative and provided for
descriptive purposes only.
\5\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
---------------------------------------------------------------------------
Period of Review
The POR is July 1, 2007, through June 30, 2008.
Cost of Production
As discussed in the Preliminary Results, we conducted sales-below-
cost investigations to determine whether Hitachi and NKKN made home
market sales of the foreign like product during the POR at prices below
their costs of production (COP) within the meaning of section 773(b)(1)
of the Act. See Preliminary Results, 74 FR at 39620. For both
respondents, we performed the cost test for these final results
following the same methodology as in the Preliminary Results.
We found 20 percent or more of each respondent'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
Hitachi and NKKN made below-cost sales which were not in the ordinary
course of trade. Consequently, we disregarded these sales for each
respondent 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 (the Decision Memo), 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, HCHB 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
certain changes in the margin calculations for Hitachi and NKKN. These
changes are discussed in the relevant sections of the Decision Memo.
Final Results of Review
We determine that weighted-average dumping margins exist for the
respondents for the period July 1, 2007, through June 30, 2008, as
follows:
------------------------------------------------------------------------
Manufacturer/Exporter Percent Margin
------------------------------------------------------------------------
Hitachi Cable Ltd................................... 0.00
Nippon Kinzoku Company, Ltd......................... 0.54
------------------------------------------------------------------------
Assessment
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries.
In those instances where Hitachi and NKKN reported the entered
value of their U.S. sales, we have calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
entered value of the examined sales for that importer. In those
instances where NKKN did not report the entered value of its U.S.
sales, we have calculated importer-specific per-unit duty assessment
rates by aggregating the total amount of antidumping duties calculated
for the examined sales and dividing this amount by the total quantity
of those sales. To determine whether the duty assessment rates are de
minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we have calculated importer-specific ad valorem ratios
based on the estimated entered value.
We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any importer-specific
assessment rate calculated in the final results of this review is above
de minimis (i.e., at or above 0.50 percent). Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to liquidate without regard to
antidumping duties any entries for which the assessment rate is de
minimis (i.e., less than 0.50 percent). The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
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) (Assessment
Policy Notice). This clarification will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate established in the less-than-fair-value (LTFV)
investigation if there is no rate for the intermediary involved in the
transaction. See Assessment Policy Notice for a full discussion of this
clarification.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of
[[Page 6634]]
this administrative review, as provided by section 751(a)(2)(C) of the
Act: 1) the cash deposit rates for each specific company listed above
will be the rates shown above, except if the rate is less than 0.50
percent, and therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; 2) for
previously reviewed or investigated companies not participating in this
review, 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 be 40.18 percent, the all-others rate
established in the LTFV investigation. These 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 final results of review in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 3, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix Issues in Decision Memo
Hitachi
Comment 1: Bona Fides of Hitachi Cable's U.S. Sale
NKKN
Comment 2: Sample Sales in the U.S. Database
Comment 3: SAS Programming Errors
[FR Doc. 2010-2985 Filed 2-9-10; 8:45 am]
BILLING CODE 3510-DS-S
