Stainless Steel Sheet and Strip in Coils From Taiwan: Final Results of Antidumping Duty Administrative Review, 76700-76703 [2010-30986]

Download as PDF 76700 Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–583–831] Stainless Steel Sheet and Strip in Coils From Taiwan: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce SUMMARY: On August 13, 2010, 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 twenty producers/exporters of the subject merchandise to the United States. The period of review (POR) is July 1, 2008, through June 30, 2009. Based on our analysis of the comments received, we have made no changes in the margin calculations. Therefore, the final results do not differ from the preliminary results. The final weighted-average dumping margin for the reviewed firms are listed below in the section entitled ‘‘Final Results of Review.’’ AGENCY: DATES: Effective Date: December 9, 2010. FOR FURTHER INFORMATION CONTACT: erowe on DSK5CLS3C1PROD with NOTICES 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 twenty producers/ exporters. The Department selected Chia Far Industrial Factory Co., Ltd. (Chia Far) as the only respondent for individual examination in this administrative review. On August 13, 2010, 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 Rescission in Part of Antidumping Duty Administrative Review, 75 FR 49467 (Aug. 13, 2010) (Preliminary Results). We invited parties to comment on our preliminary results of review. On September 2, 2010, and September 13, 2010, we received new factual information and a case brief, respectively, from Yieh United Steel Corporation (YUSCO). On September VerDate Mar<15>2010 15:35 Dec 08, 2010 Jkt 223001 23, 2010, we rejected YUSCO’s new factual information as being untimely filed. On October 4, 2010, YUSCO requested that we reconsider our decision to reject its September 2, 2010, submission. On October 5, 2010, we declined to reconsider our decision. No other parties commented on our Preliminary Results. The Department has conducted this administrative review in accordance with section 751 of Tariff Act of 1930, as amended (the Act). 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 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 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 E:\FR\FM\09DEN1.SGM 09DEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices 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-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.1 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 1,390 degrees Celsius and displays a creep rupture limit of 4 kilograms per square millimeter at 1,000 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 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 1,700 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 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).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 3 Durphynox 17 is a trademark of Imphy, S.A. list of uses is illustrated and provided for descriptive purposes only. 5 GIN4 Mo, GIN5 and GIN6 are the proprietary grades of Hitachi Metals America, Ltd. 4 This 1 Arnokrome III is a trademark of the Arnold Engineering Company. 2 Gilphy 36 is a trademark of Imphy, S.A. VerDate Mar<15>2010 15:35 Dec 08, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 76701 Period of Review The POR is July 1, 2008, through June 30, 2009. China Steel Corporation As we stated in the Preliminary Results, our practice concerning noshipment respondents has been to rescind the administrative review if the respondent certifies that it had no shipments within the applicable deadline and we have confirmed through our examination of data from U.S. Customs and Border Protection (CBP) that there were no shipments of subject merchandise during the POR. See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27393 (May 19, 1997), and Oil Country Tubular Goods from Japan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Review, 70 FR 53161, 53162 (Sept. 7, 2005), unchanged in Oil Country Tubular Goods from Japan: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 71 FR 95 (Jan. 3, 2006). As a result, in such circumstances, we normally instructed CBP to liquidate any entries from the no-shipment company at the deposit rate in effect on the date of entry. In our May 6, 2003, ‘‘automatic assessment’’ clarification, we explained that, where respondents in an administrative review demonstrate that they had no knowledge of sales through resellers to the United States, we would instruct CBP to liquidate such entries at the all-others rate applicable to the proceeding. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Based on China Steel Corporation’s timely assertion of no shipments and confirmation of that claim by examination of CBP data as well as through a no-shipment inquiry sent to CBP, we continue to determine that China Steel Corporation had no shipments to the United States during the POR. See Preliminary Results, 75 FR at 49470. As we stated in the Preliminary Results, because ‘‘as entered’’ liquidation instructions do not alleviate the concerns which the May 2003 clarification was intended to address, we find it appropriate in this case to instruct CBP to liquidate any existing entries of merchandise produced by China Steel Corporation and exported by other parties at the all-others rate. In addition, we continue to find that it is more consistent with the May 2003 clarification not to rescind the review in E:\FR\FM\09DEN1.SGM 09DEN1 76702 Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices part in these circumstances but, rather, to complete the review with respect to China Steel Corporation and issue appropriate instructions to CBP based on the final results of the review. See the ‘‘Assessment Rates’’ section of this notice below. 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, 75 FR at 49472–73. As detailed in the Preliminary Results, we based our analysis on Chia Far’s weighted-average quarterly COP. Id. For these final results, we have continued to apply a quarterly cost methodology and have made no changes to the cost test performed 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 continue to determine 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 continue to 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. erowe on DSK5CLS3C1PROD with NOTICES Analysis of Comments Received The issue raised by YUSCO in its case brief, and to which we have responded, is listed in the Appendix to this notice and addressed in the Issues and Decision Memorandum (Decision Memo), which is adopted by this notice. Parties can find a complete discussion of the issue raised in this review and the corresponding recommendation in this public memorandum, which is on file in the Central Records Unit, room 7046, 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. VerDate Mar<15>2010 15:35 Dec 08, 2010 Jkt 223001 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 percentages exist for the period July 1, 2008, through June 30, 2009: Manufacturer/exporter Percent margin Chia Far Industrial Factory Co., Ltd 0.00 Review-Specific Average Rate Applicable to the Following Companies: 6 Chain Chon Industrial Co., Ltd ... 4.30 Chien Shing Stainless Co ........... 4.30 China Steel Corporation ............. * Dah Shi Metal Industrial Co., Ltd 4.30 Goang Jau Shing Enterprise Co., Ltd ............................................ 4.30 KNS Enterprise Co., Ltd ............. 4.30 Lih Chan Steel Co., Ltd .............. 4.30 Maytun International Corp .......... 4.30 PFP Taiwan Co., Ltd .................. 4.30 Shih Yuan Stainless Steel Enterprise Co., Ltd ........................... 4.30 Ta Chen Stainless Pipe Co., Ltd 4.30 Tang Eng Iron Works .................. 4.30 Tibest International Inc ............... 4.30 Tung Mung Development Co., Ltd./Ta Chen Stainless Pipe Co., Ltd ** ................................ 4.30 Waterson Corp ............................ 4.30 Yieh Loong Enterprise Co., Ltd (aka Chung Hung Steel Co., Ltd.) ......................................... 4.30 Yieh Mau Corp ............................ 4.30 Yieh Trading Corp ....................... 4.30 Yieh United Steel Corporation .... 4.30 * No shipments or sales subject to this review. ** This rate applies to shipments of SSSSC produced by Tung Mung Development Co., Ltd. in Taiwan and exported from Taiwan to the United States by Ta Chen Stainless Pipe Co., Ltd. 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 6 This rate is based upon the calculated rate from the most recently completed segment of this proceeding. See Preliminary Results, 75 FR at 49474. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 duties any entries for which the assessment rate is de minimis (i.e., less than 0.50 percent). Consistent with the Department’s practice, for the companies which were not selected for individual review, we will use the cash deposit rate as the assessment rate for these companies. See, e.g., Certain Frozen Warmwater Shrimp From India: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 74 FR 33409 (July 13, 2009), and accompanying Issues and Decision Memorandum at Comment 3. 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 Chia Far for which Chia Far did not know its merchandise was destined for the United States. This clarification will also apply to POR entries of subject merchandise produced by China Steel Corporation for which we are making a final determination of no shipments, because it certified that it made no POR shipments of subject merchandise for which it had knowledge of U.S. destination. In this instance, 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. 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 companies will be the rates shown above; (2) for previously investigated companies not listed above, as well as for China Steel Corporation, 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. E:\FR\FM\09DEN1.SGM 09DEN1 Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices 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 final results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 3, 2010. Paul Piquado, Acting Deputy Assistant Secretary for Import Administration. Appendix—Issue in the Decision Memorandum 1. Whether the Department Should Rescind the Review with Respect to YUSCO. [FR Doc. 2010–30986 Filed 12–8–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration erowe on DSK5CLS3C1PROD with NOTICES RIN 0648–XA078 Marine Mammals; File No. 15750 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: VerDate Mar<15>2010 15:35 Dec 08, 2010 Jkt 223001 Notice is hereby given that ABR, Inc. Environmental Research and Services, Fairbanks, AK, has applied in due form for a permit to conduct research on marine mammals. DATES: Written, telefaxed, or e-mail comments must be received on or before January 10, 2011. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the Features box on the Applications and Permits for Protected Species (APPS) home page, https:// apps.nmfs.noaa.gov, and then selecting File No. 15750 from the list of available applications. These documents are also available upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 713–2289; fax (301) 713–0376; and Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802–1668; phone (907) 586–7221; fax (907) 586–7249. Written comments on this application should be submitted to the Chief, Permits, Conservation and Education Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits, Conservation and Education Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Tammy Adams or Laura Morse, (301) 713–2289. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222–226). The applicant requests a five-year permit to conduct aerial surveys in Iniskin, Illiamna, Chinitna, and Kamishak Bays to document seasonal distribution and abundance of marine mammals in western lower Cook Inlet, Alaska. The applicant requests permission for level B harassment of the SUMMARY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 76703 following marine mammals annually: 1,000 Steller sea lions (Eumetopias jubatus), 250 beluga whales (Delphinapterus leucas), 34,400 harbor seals (Phoca vitulina), 600 harbor porpoises (Phocoena phocoena), 150 Dall’s porpoises (Phocoenoides dalli), 100 minke whales (Balaenoptera acutorostrata), 50 gray whales (Eschrichtius robustus), 100 killer whales (Orcinus orca), 15 northern fur seals (Callorhinus ursinus), 30 fin whales (B. physalus), and 125 humpback whales (Megaptera novaeangliae). In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: December 3, 2010. Tammy C. Adams, Acting Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2010–30983 Filed 12–8–10; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA080 New England Fishery Management Council; Public Hearings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Monkfish Fishery Management Plan Amendment 6; Scoping Hearings; Request for Comments. AGENCY: The New England Fishery Management Council (NEFMC) will hold public hearings to solicit comments on proposals to be included in the Draft Amendment 6 to the Monkfish Fishery Management Plan (FMP). The purpose of Amendment 6 is to consider one or more catch share management approaches for the monkfish fishery, including, but not limited to, Individual Fishery Quotas (IFQs), sectors and/or community quotas. The NEFMC is initiating a public process to determine the scope of SUMMARY: E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Notices]
[Pages 76700-76703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30986]



[[Page 76700]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-831]


Stainless Steel Sheet and Strip in Coils From Taiwan: Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce

SUMMARY: On August 13, 2010, 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 twenty producers/
exporters of the subject merchandise to the United States. The period 
of review (POR) is July 1, 2008, through June 30, 2009.
    Based on our analysis of the comments received, we have made no 
changes in the margin calculations. Therefore, the final results do not 
differ from the preliminary results. The final weighted-average dumping 
margin for the reviewed firms are listed below in the section entitled 
``Final Results of Review.''

DATES: Effective Date: December 9, 2010.

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 twenty producers/exporters. The Department 
selected Chia Far Industrial Factory Co., Ltd. (Chia Far) as the only 
respondent for individual examination in this administrative review.
    On August 13, 2010, 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 Rescission in 
Part of Antidumping Duty Administrative Review, 75 FR 49467 (Aug. 13, 
2010) (Preliminary Results).
    We invited parties to comment on our preliminary results of review. 
On September 2, 2010, and September 13, 2010, we received new factual 
information and a case brief, respectively, from Yieh United Steel 
Corporation (YUSCO). On September 23, 2010, we rejected YUSCO's new 
factual information as being untimely filed. On October 4, 2010, YUSCO 
requested that we reconsider our decision to reject its September 2, 
2010, submission. On October 5, 2010, we declined to reconsider our 
decision. No other parties commented on our Preliminary Results.
    The Department has conducted this administrative review in 
accordance with section 751 of Tariff Act of 1930, as amended (the 
Act).

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

[[Page 76701]]

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.\1\
---------------------------------------------------------------------------

    \1\ 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 
1,390 degrees Celsius and displays a creep rupture limit of 4 kilograms 
per square millimeter at 1,000 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 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 1,700 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.
---------------------------------------------------------------------------

    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).\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 illustrated 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, 2008, through June 30, 2009.

China Steel Corporation

    As we stated in the Preliminary Results, our practice concerning 
no-shipment respondents has been to rescind the administrative review 
if the respondent certifies that it had no shipments within the 
applicable deadline and we have confirmed through our examination of 
data from U.S. Customs and Border Protection (CBP) that there were no 
shipments of subject merchandise during the POR. See Antidumping 
Duties; Countervailing Duties, 62 FR 27296, 27393 (May 19, 1997), and 
Oil Country Tubular Goods from Japan: Preliminary Results of 
Antidumping Duty Administrative Review and Partial Rescission of 
Review, 70 FR 53161, 53162 (Sept. 7, 2005), unchanged in Oil Country 
Tubular Goods from Japan: Final Results and Partial Rescission of 
Antidumping Duty Administrative Review, 71 FR 95 (Jan. 3, 2006). As a 
result, in such circumstances, we normally instructed CBP to liquidate 
any entries from the no-shipment company at the deposit rate in effect 
on the date of entry.
    In our May 6, 2003, ``automatic assessment'' clarification, we 
explained that, where respondents in an administrative review 
demonstrate that they had no knowledge of sales through resellers to 
the United States, we would instruct CBP to liquidate such entries at 
the all-others rate applicable to the proceeding. See Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003).
    Based on China Steel Corporation's timely assertion of no shipments 
and confirmation of that claim by examination of CBP data as well as 
through a no-shipment inquiry sent to CBP, we continue to determine 
that China Steel Corporation had no shipments to the United States 
during the POR. See Preliminary Results, 75 FR at 49470.
    As we stated in the Preliminary Results, because ``as entered'' 
liquidation instructions do not alleviate the concerns which the May 
2003 clarification was intended to address, we find it appropriate in 
this case to instruct CBP to liquidate any existing entries of 
merchandise produced by China Steel Corporation and exported by other 
parties at the all-others rate. In addition, we continue to find that 
it is more consistent with the May 2003 clarification not to rescind 
the review in

[[Page 76702]]

part in these circumstances but, rather, to complete the review with 
respect to China Steel Corporation and issue appropriate instructions 
to CBP based on the final results of the review. See the ``Assessment 
Rates'' section of this notice below.

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, 75 FR at 49472-73. As detailed in the Preliminary 
Results, we based our analysis on Chia Far's weighted-average quarterly 
COP. Id. For these final results, we have continued to apply a 
quarterly cost methodology and have made no changes to the cost test 
performed 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 continue to determine 
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 continue to 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

    The issue raised by YUSCO in its case brief, and to which we have 
responded, is listed in the Appendix to this notice and addressed in 
the Issues and Decision Memorandum (Decision Memo), which is adopted by 
this notice. Parties can find a complete discussion of the issue raised 
in this review and the corresponding recommendation in this public 
memorandum, which is on file in the Central Records Unit, room 7046, 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/ 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 percentages 
exist for the period July 1, 2008, through June 30, 2009:
---------------------------------------------------------------------------

    \6\ This rate is based upon the calculated rate from the most 
recently completed segment of this proceeding. See Preliminary 
Results, 75 FR at 49474.

------------------------------------------------------------------------
                                                                 Percent
                     Manufacturer/exporter                       margin
------------------------------------------------------------------------
Chia Far Industrial Factory Co., Ltd..........................      0.00
Review-Specific Average Rate Applicable to the Following Companies: \6\
  Chain Chon Industrial Co., Ltd..............................      4.30
  Chien Shing Stainless Co....................................      4.30
  China Steel Corporation.....................................         *
  Dah Shi Metal Industrial Co., Ltd...........................      4.30
  Goang Jau Shing Enterprise Co., Ltd.........................      4.30
  KNS Enterprise Co., Ltd.....................................      4.30
  Lih Chan Steel Co., Ltd.....................................      4.30
  Maytun International Corp...................................      4.30
  PFP Taiwan Co., Ltd.........................................      4.30
  Shih Yuan Stainless Steel Enterprise Co., Ltd...............      4.30
  Ta Chen Stainless Pipe Co., Ltd.............................      4.30
  Tang Eng Iron Works.........................................      4.30
  Tibest International Inc....................................      4.30
  Tung Mung Development Co., Ltd./Ta Chen Stainless Pipe Co.,       4.30
   Ltd **.....................................................
  Waterson Corp...............................................      4.30
  Yieh Loong Enterprise Co., Ltd (aka Chung Hung Steel Co.,         4.30
   Ltd.)......................................................
  Yieh Mau Corp...............................................      4.30
  Yieh Trading Corp...........................................      4.30
  Yieh United Steel Corporation...............................      4.30
------------------------------------------------------------------------
* No shipments or sales subject to this review.
** This rate applies to shipments of SSSSC produced by Tung Mung
  Development Co., Ltd. in Taiwan and exported from Taiwan to the United
  States by Ta Chen Stainless Pipe Co., Ltd.

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 assessment rate is de 
minimis (i.e., less than 0.50 percent).
    Consistent with the Department's practice, for the companies which 
were not selected for individual review, we will use the cash deposit 
rate as the assessment rate for these companies. See, e.g., Certain 
Frozen Warmwater Shrimp From India: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review, 74 FR 33409 (July 
13, 2009), and accompanying Issues and Decision Memorandum at Comment 
3.
    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 Chia Far for which Chia Far did not know its 
merchandise was destined for the United States. This clarification will 
also apply to POR entries of subject merchandise produced by China 
Steel Corporation for which we are making a final determination of no 
shipments, because it certified that it made no POR shipments of 
subject merchandise for which it had knowledge of U.S. destination. In 
this instance, 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 
companies will be the rates shown above; (2) for previously 
investigated companies not listed above, as well as for China Steel 
Corporation, 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.

[[Page 76703]]

    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 final results of review in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 3, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.

Appendix--Issue in the Decision Memorandum

    1. Whether the Department Should Rescind the Review with Respect 
to YUSCO.

[FR Doc. 2010-30986 Filed 12-8-10; 8:45 am]
BILLING CODE 3510-DS-P

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