Stainless Steel Sheet and Strip in Coils From Mexico; Final Results of Antidumping Duty Administrative Review, 2332-2336 [2011-626]

Download as PDF 2332 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices The meeting location is the Idaho Panhandle National Forests’ Supervisor’s Office, located at 3815 Schreiber Way, Coeur d’Alene, Idaho 83815. FOR FURTHER INFORMATION CONTACT: Ranotta K. McNair, Forest Supervisor and Designated Federal Official, at (208) 765–7369. SUPPLEMENTARY INFORMATION: The meeting agenda will focus on reviewing proposals for forest projects and recommending funding during the business meeting. The public forum begins at 11 a.m. ADDRESSES: Dated: January 6, 2011. Ranotta K. McNair, Forest Supervisor. Southern Regional Office as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission’s Web site, http://www.usccr.gov, or to contact the Southern Regional Office at the above e-mail or street address. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA. Dated in Washington, DC, January 10, 2011. Peter Minarik, Acting Chief, Regional Programs Coordination Unit. [FR Doc. 2011–587 Filed 1–12–11; 8:45 am] BILLING CODE 6335–01–P [FR Doc. 2011–466 Filed 1–12–11; 8:45 am] BILLING CODE 3410–11–M DEPARTMENT OF COMMERCE COMMISSION ON CIVIL RIGHTS srobinson on DSKHWCL6B1PROD with NOTICES Agenda and Notice of Public Meeting of the Florida Advisory Committee Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a meeting of the Florida Advisory Committee (Committee) to the Commission will convene on Wednesday, February 2, 2011, at 1:30 p.m. and adjourn at approximately 4 p.m. at Brevard Community College, Building 13, Room 203, 1519 Clearlake Road, Cocoa, Florida. The purpose of the meeting is member orientation and to discuss the Committee’s report on migrant education. The meeting is open to the public and members of the public are entitled to submit written comments. Comments must be received in the regional office by Friday, March 4, 2011. The address is Southern Regional Office, U.S. Commission on Civil Rights, 61 Forsyth St., SW., Suite 18T40, Atlanta, GA 30303. Persons wishing to e-mail their comments may do so to: pminarik@usccr.gov. Persons who desire additional information should contact the Southern Regional Office at (404) 562–7000 or 800–877–8339 for individuals who are deaf, hearing impaired, and/or have speech disabilities. Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Southern Regional Office at least ten (10) working days before the scheduled date of the meeting. Records generated from this meeting may be inspected and reproduced at the VerDate Mar<15>2010 16:15 Jan 12, 2011 Jkt 223001 Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Comprehensive Socioeconomic Data Collection from Alaskan Communities. OMB Control Number: None. Form Number(s): NA. Type of Request: Regular submission (new information collection). Number of Respondents: 500. Average Hours per Response: Survey, 1 hour. Initial and follow-up telephone calls, 6 minutes. Burden Hours: 521. Needs and Uses: This request is for a new information collection. The purpose of this data collection program is to improve commercial fisheries socioeconomic data for North Pacific fisheries, using the community as the unit of reporting and analysis. The North Pacific Fishery Management Council (NPFMC), the Alaska Fisheries Science Center (AFSC), and community stakeholder organizations, have identified ongoing collection of community level economic and socioeconomic information, specifically related to commercial fisheries, as a priority. The proposed data collection will include information on community revenues based in the fisheries economy, population fluctuations, vessel expenditures in ports, fisheries infrastructure available in the community, support sector business PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 operations in the community, community participation in fisheries management, effects of fisheries management decisions on the community, and demographic information on commercial fisheries participants from the community. The information collected in this program will capture the most relevant and pressing types of data needed for socioeconomic analyses of communities. Affected Public: State, local or tribal government. Frequency: Annually. Respondent’s Obligation: Voluntary. OMB Desk Officer: OIRA_Submission@omb.eop.gov. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 6616, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@omb.eop.gov. Dated: January 10, 2011. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2011–589 Filed 1–12–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–822] Stainless Steel Sheet and Strip in Coils From Mexico; Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 9, 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 (S4) in coils from Mexico. See Stainless Steel Sheet and Strip in Coils From Mexico; Preliminary Results of Antidumping Duty Administrative Review, 75 FR 47780 (August 9, 2010) (Preliminary Results). This review covers sales of subject merchandise made by ThyssenKrupp Mexinox S.A. de C.V. (Mexinox) for the AGENCY: E:\FR\FM\13JAN1.SGM 13JAN1 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices srobinson on DSKHWCL6B1PROD with NOTICES period July 1, 2008, to June 30, 2009. Based on our analysis of the comments received, we have made changes to the margin calculation; therefore, the final results differ from the preliminary results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled ‘‘Final Results of Review.’’ DATES: Effective Date: January 13, 2011. FOR FURTHER INFORMATION CONTACT: Patrick Edwards, Brian Davis, or Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–8029, (202) 482– 7924, and (202) 482–3019, respectively. SUPPLEMENTARY INFORMATION: Background On August 9, 2010, the Department published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on S4 in coils from Mexico for the period July 1, 2008, to June 30, 2009. See Preliminary Results. In response to the Department’s invitation to comment on the preliminary results of this review, Mexinox submitted (1) a request for a public hearing and (2) a case brief on September 8, 2010. See ‘‘Stainless Steel Sheet and Strip in Coils from Mexico—Case Brief,’’ dated September 8, 2010 (Mexinox’s Case Brief). Also on September 8, 2010, Allegheny Ludlum Corporation, AK Steel Corporation, and North American Stainless (collectively, petitioners), submitted a case brief. See ‘‘Stainless Steel Sheet and Strip in Coils from Mexico—Petitioner’s Case Brief,’’ dated September 8, 2010 (Petitioners’ Case Brief). On September 9, 2010, the Department received a request from petitioners to extend the deadline to submit rebuttal briefs. On September 13, 2010, the Department granted this request. Petitioners timely submitted their rebuttal brief on September 15, 2010. See ‘‘Stainless Steel Sheet and Strip in Coils from Mexico—Petitioners’ Rebuttal Brief,’’ dated September 15, 2010 (Petitioners’ Rebuttal Brief). Also on September 15, 2010, Mexinox submitted its rebuttal brief. See ‘‘Stainless Steel Sheet and Strip in Coils from Mexico—Rebuttal Brief,’’ dated September 15, 2010 (Mexinox’s Rebuttal Brief). On September 17, 2010, Mexinox withdrew its request for a hearing. See ‘‘Stainless Steel Sheet and Strip in Coils from Mexico—Withdrawal of Hearing Request,’’ dated September 17, 2010. On November 17, 2010, we issued a letter to petitioners notifying them that VerDate Mar<15>2010 16:15 Jan 12, 2011 Jkt 223001 we were rejecting their case brief because it contained new information regarding the U.S. entities that petitioners believe are purchasers of certain merchandise. Also on November 17, 2010, we issued a letter to Mexinox stating that we were rejecting its rebuttal brief because it also contained new information regarding the U.S. entities that petitioners believe are purchasers of certain merchandise. The deadline for submitting any factual information in the ongoing administrative review was December 18, 2009. Therefore, we requested that both petitioners and Mexinox re-file their respective briefs to exclude all references to the U.S. entities that petitioners believe are purchasers of the certain merchandise (and the relevant attachments). On November 22, 2010, Mexinox submitted its revised rebuttal brief and on November 23, 2010, petitioners submitted its revised case brief. On December 7, 2010, the Department issued a letter (1) notifying Mexinox of our intent to reclassify certain information as ‘‘public’’ rather than ‘‘business proprietary’’ and (2) requesting justification from Mexinox as to why certain information should be considered proprietary. On December 8, 2010, the Department published in the Federal Register our notice extending the time limit for this review until January 6, 2011. See Stainless Steel Sheet and Strip in Coils from Mexico: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review, 75 FR 76396 (December 8, 2010). On Friday, December 10, 2010, Mexinox submitted its response to the Department’s December 7, 2010, request. Period of Review The period of review (POR) is July 1, 2008, to June 30, 2009. Scope of the Order For purposes of the order, the products covered are stainless steel sheet and strip in coils. Stainless steel is 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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 2333 The merchandise subject to this order is currently classifiable 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 subject to 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). In response to comments by interested parties, the Department has determined that certain specialty stainless steel products are also excluded from the scope of the order. These excluded products are described below. Flapper valve steel is defined as stainless steel strip in coils containing, E:\FR\FM\13JAN1.SGM 13JAN1 srobinson on DSKHWCL6B1PROD with NOTICES 2334 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices 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 for compressors. Also excluded is a product referred to as suspension foil, a specialty steel product used in the manufacture of suspension assemblies for computer disk drives. Suspension foil is described as 302/304 grade or 202 grade stainless steel of a thickness between 14 and 127 microns, with a thickness tolerance of plus-or-minus 2.01 microns, and surface glossiness of 200 to 700 percent Gs. Suspension foil must be supplied in coil widths of not more than 407 mm, and with a mass of 225 kg or less. Roll marks may only be visible on one side, with no scratches of measurable depth. The material must exhibit residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm over 685 mm length. Certain stainless steel foil for automotive catalytic converters is also excluded from the scope of the order. This stainless steel strip in coils is a specialty foil with a thickness of between 20 and 110 microns used to produce a metallic substrate with a honeycomb structure for use in automotive catalytic converters. The steel contains, by weight, carbon of no more than 0.030 percent, silicon of no more than 1.0 percent, manganese of no more than 1.0 percent, chromium of between 19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of no more than 0.045 percent, sulfur of no more than 0.03 percent, lanthanum of between 0.002 and 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 VerDate Mar<15>2010 16:15 Jan 12, 2011 Jkt 223001 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 (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 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 (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 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 ASTM grade 440F, but containing, by 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. 4 This list of uses is illustrative and provided for descriptive purposes only. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 square micron. 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 Analysis of Comments Received All issues raised in the case and rebuttal briefs by interested parties in this administrative review are addressed in the Issues and Decision Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Stainless Steel Sheet and Strip in Coils from Mexico’’ (Issues and Decision Memorandum), from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, dated January 5, 2011, which is hereby adopted by this notice.6 A list of all issues, which parties have raised and to which we have responded, in the Issues and Decision Memorandum is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised 5 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ and ‘‘GIN6’’ are the proprietary grades of Hitachi Metals America, Ltd. 6 See also Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, dated January 5, 2011, titled, ‘‘Proprietary Arguments from the Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Stainless Steel Sheet and Strip in Coils from Mexico.’’ E:\FR\FM\13JAN1.SGM 13JAN1 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit in room 7046 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly via the Internet at www.ia.ita.doc.gov/fm/. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results The Department has revised its indirect selling expense calculation since the Preliminary Results. For these final results, we included the total POR indirect selling expenses incurred by all three companies (Mexinox USA, TKNNA, and TKAST USA) on sales of finished goods in the ratio’s numerator (while excluding expenses attributable to raw material transfers to Mexinox), and total sales revenue made on all finished goods by all three companies (while excluding net raw material transfers for the POR and reserves/ adjustments) in the denominator. Because the denominator of the revised ratio includes the total net sales of finished goods for all three companies (i.e., both subject and nonsubject) and the revised numerator includes total indirect selling expenses relating to all three companies (i.e., both sales of subject and non-subject merchandise), this methodology properly accounts for the fact that in selling German and Italian steel as purchased from ThyssenKrupp Nirosta GmbH and ThyssenKrupp Acciai Speciali Terni S.p.A. (TKNNA and TKAST USA’s German and Italian affiliates, respectively) 7 to their U.S. affiliates, some selling functions were performed and indirect selling expenses were incurred by entities other than Mexinox USA (i.e., TKNNA and TKAST USA).8 In this way, we have ensured that all of Mexinox USAs, TKNNA’s and TKAST USA’s indirect selling expenses are captured and allocated over all of their U.S. sales. See (1) Memorandum to the File, from Patrick Edwards and Brian Davis, Case Analysts, through Angelica Mendoza, Program Manager, titled ‘‘Analysis of Data Submitted by ThyssenKrupp srobinson on DSKHWCL6B1PROD with NOTICES 7 See Mexinox’s AQR at 10. Mexinox’s AQR at pages A–9 (and footnote 5) through A–14 for additional information regarding TKNNA and TKAST USA. The Department notes that TKNNA and TKAST USA are German and Italian affiliates, respectively, that sell German and Italian steel, respectively. See also Mexinox’s July 21, 2010, supplemental questionnaire at attachments C–37 and C–38 for schedules of all TKNNA’s and TKAST USA’s U.S. indirect selling expenses, respectively. 8 See VerDate Mar<15>2010 16:15 Jan 12, 2011 Jkt 223001 Mexinox S.A. de C.V. for the Final Results of the Antidumping Duty Administrative Review of Stainless Steel Sheet and Strip in Coils from Mexico (A–201–822),’’ dated January 5, 2011 (Final Analysis Memorandum) at pages 6 through 7 and (2) the Department’s Issues and Decision Memorandum at pages 18 through 24 for further information regarding the Department’s revised indirect selling expense calculation. Furthermore, based on our analysis of the comments received, we have made the following changes to the margin calculation: (1) We revised the Comparison Market Program to utilize cost data for all control numbers that Mexinox produced in the POR. (2) We corrected the U.S. Margin Program to extend the cost of production (COP) and packing expenses on U.S. sales by quantity sold. (3) We included sales by Ken-Mac Metals in our margin analysis. (4) We removed all sample transactions from our margin analysis. (5) We have adjusted our programming in order to include the value and quantity of merchandise that first entered but was subsequently exported to a third-country in our calculation of the assessment rate. These changes are discussed in the relevant sections of the Issues and Decision Memorandum and Final Analysis Memorandum. Final Results of Review We determine the following weightedaverage percentage margin exists for the period July 1, 2008, to June 30, 2009: Manufacturer/Exporter ThyssenKrupp Mexinox S.A. de C.V. .............................. Weighted average margin (percentage) 21.16 Assessment The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b). The Department calculated an assessment rate for each importer of the subject merchandise covered by the review. Upon issuance of the final results of this review, for any importerspecific assessment rates calculated in the final results that are above de minimis (i.e., at or above 0.50 percent), we will issue appraisement instructions directly to CBP to assess antidumping PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 2335 duties on appropriate entries by applying the assessment rate to the entered value of the merchandise. Pursuant to 19 CFR 356.8(a), the Department intends to issue assessment instructions to CBP 41 days after the date of publication of these final results of review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See 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 Mexinox for which Mexinox did not know the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the 30.69 percent all-others rate if there is no company-specific rate for an intermediary involved in the transaction. 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)) and modified during the section 129 determination (see Implementation of the Findings of the WTO Dispute Settlement Panel and Appellate Body in United States—Final Anti-Dumping Measures on Stainless Steel from Mexico: Notice of Determination Under Section 129 of the Uruguay Round E:\FR\FM\13JAN1.SGM 13JAN1 2336 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices Agreements Act, 74 FR 19527 (April 29, 2009)). 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 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: January 5, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. srobinson on DSKHWCL6B1PROD with NOTICES Appendix—List of Issues in Issues and Decision Memorandum Comment 1: Ministerial Errors Comment 2: Offsetting for U.S. Sales that Exceed Normal Value Comment 3: Contemporaneous Model Matching Comment 4: Date of Sale Comment 5: U.S. Indirect Selling Expenses Comment 6: Circumstance of Sale Adjustment Comment 7: The Use of Quarterly Costs for the Cost Recovery Test Comment 8: TKSI SG&A Ratio for Purchases from Affiliates Comment 9: Profit Sharing Expenses Included in G&A Comment 10: G&A ratio includes Offsets for Other Income Comment 11: The COP Database [FR Doc. 2011–626 Filed 1–12–11; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 16:15 Jan 12, 2011 Jkt 223001 DEPARTMENT OF COMMERCE International Trade Administration [C–580–851] Dynamic Random Access Memory Semiconductors From the Republic of Korea: Final Results of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 14, 2010, the Department of Commerce published in the Federal Register its preliminary results of administrative review of the countervailing duty order on dynamic random access memory semiconductors from the Republic of Korea for the period January 1, 2008, through August 10, 2008. We provided interested parties with an opportunity to comment on the preliminary results. Our analysis of the comments submitted led to a change in the net subsidy rate. The final net subsidy rate for Hynix Semiconductor, Inc. is listed below in the section entitled ‘‘Final Results of Review.’’ DATES: Effective Date: January 13, 2011. FOR FURTHER INFORMATION CONTACT: Shane Subler or Jennifer Meek, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0189 or (202) 482– 2778, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background The following events have occurred since the publication of the preliminary results of this review. See Dynamic Random Access Memory Semiconductors From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, 75 FR 55764 (September 14, 2010) (‘‘Preliminary Results’’). On October 14, 2010, we received a case brief from the petitioner, Micron Technology, Inc. (‘‘Micron’’), and a joint case brief from Hynix Semiconductor, Inc. (‘‘Hynix’’) and the Government of the Republic of Korea (‘‘GOK’’). On October 19, 2010, Micron submitted a rebuttal brief. Hynix and the GOK also submitted a joint rebuttal brief on this date. Scope of the Order The products covered by the order are dynamic random access memory semiconductors (‘‘DRAMS’’) from the Republic of Korea (‘‘ROK’’), whether assembled or unassembled. Assembled DRAMS include all package types. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Unassembled DRAMS include processed wafers, uncut die, and cut die. Processed wafers fabricated in the ROK, but assembled into finished semiconductors outside the ROK are also included in the scope. Processed wafers fabricated outside the ROK and assembled into finished semiconductors in the ROK are not included in the scope. The scope of the order additionally includes memory modules containing DRAMS from the ROK. A memory module is a collection of DRAMS, the sole function of which is memory. Memory modules include single in-line processing modules, single in-line memory modules, dual in-line memory modules, small outline dual in-line memory modules, Rambus in-line memory modules, and memory cards or other collections of DRAMS, whether unmounted or mounted on a circuit board. Modules that contain other parts that are needed to support the function of memory are covered. Only those modules that contain additional items which alter the function of the module to something other than memory, such as video graphics adapter boards and cards, are not included in the scope. The scope also covers future DRAMS module types. The scope of the order additionally includes, but is not limited to, video random access memory and synchronous graphics random access memory, as well as various types of DRAMS, including fast page-mode, extended data-out, burst extended dataout, synchronous dynamic RAM, Rambus DRAM, and Double Data Rate DRAM. The scope also includes any future density, packaging, or assembling of DRAMS. Also included in the scope of the order are removable memory modules placed on motherboards, with or without a central processing unit, unless the importer of the motherboards certifies with U.S. Customs and Border Protection (‘‘CBP’’) that neither it, nor a party related to it or under contract to it, will remove the modules from the motherboards after importation. The scope of the order does not include DRAMS or memory modules that are reimported for repair or replacement. The DRAMS subject to the order are currently classifiable under subheadings 8542.21.8005, 8542.21.8020 through 8542.21.8030, and 8542.32.0001 through 8542.32.0023 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). The memory modules containing DRAMS from the ROK, described above, are currently classifiable under subheadings 8473.30.1040, 8473.30.1080, 8473.30.1140, and 8473.30.1180 of the E:\FR\FM\13JAN1.SGM 13JAN1

Agencies

[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2332-2336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-626]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-822]


Stainless Steel Sheet and Strip in Coils From Mexico; Final 
Results of Antidumping Duty Administrative Review

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

SUMMARY: On August 9, 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 (S4) in coils 
from Mexico. See Stainless Steel Sheet and Strip in Coils From Mexico; 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
47780 (August 9, 2010) (Preliminary Results). This review covers sales 
of subject merchandise made by ThyssenKrupp Mexinox S.A. de C.V. 
(Mexinox) for the

[[Page 2333]]

period July 1, 2008, to June 30, 2009. Based on our analysis of the 
comments received, we have made changes to the margin calculation; 
therefore, the final results differ from the preliminary results. The 
final weighted-average dumping margin for the reviewed firm is listed 
below in the section entitled ``Final Results of Review.''

DATES: Effective Date: January 13, 2011.

FOR FURTHER INFORMATION CONTACT: Patrick Edwards, Brian Davis, or 
Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-8029, (202) 482-7924, and (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 9, 2010, the Department published in the Federal Register 
the preliminary results of the administrative review of the antidumping 
duty order on S4 in coils from Mexico for the period July 1, 2008, to 
June 30, 2009. See Preliminary Results. In response to the Department's 
invitation to comment on the preliminary results of this review, 
Mexinox submitted (1) a request for a public hearing and (2) a case 
brief on September 8, 2010. See ``Stainless Steel Sheet and Strip in 
Coils from Mexico--Case Brief,'' dated September 8, 2010 (Mexinox's 
Case Brief). Also on September 8, 2010, Allegheny Ludlum Corporation, 
AK Steel Corporation, and North American Stainless (collectively, 
petitioners), submitted a case brief. See ``Stainless Steel Sheet and 
Strip in Coils from Mexico--Petitioner's Case Brief,'' dated September 
8, 2010 (Petitioners' Case Brief). On September 9, 2010, the Department 
received a request from petitioners to extend the deadline to submit 
rebuttal briefs. On September 13, 2010, the Department granted this 
request. Petitioners timely submitted their rebuttal brief on September 
15, 2010. See ``Stainless Steel Sheet and Strip in Coils from Mexico--
Petitioners' Rebuttal Brief,'' dated September 15, 2010 (Petitioners' 
Rebuttal Brief). Also on September 15, 2010, Mexinox submitted its 
rebuttal brief. See ``Stainless Steel Sheet and Strip in Coils from 
Mexico--Rebuttal Brief,'' dated September 15, 2010 (Mexinox's Rebuttal 
Brief). On September 17, 2010, Mexinox withdrew its request for a 
hearing. See ``Stainless Steel Sheet and Strip in Coils from Mexico--
Withdrawal of Hearing Request,'' dated September 17, 2010.
    On November 17, 2010, we issued a letter to petitioners notifying 
them that we were rejecting their case brief because it contained new 
information regarding the U.S. entities that petitioners believe are 
purchasers of certain merchandise. Also on November 17, 2010, we issued 
a letter to Mexinox stating that we were rejecting its rebuttal brief 
because it also contained new information regarding the U.S. entities 
that petitioners believe are purchasers of certain merchandise. The 
deadline for submitting any factual information in the ongoing 
administrative review was December 18, 2009. Therefore, we requested 
that both petitioners and Mexinox re-file their respective briefs to 
exclude all references to the U.S. entities that petitioners believe 
are purchasers of the certain merchandise (and the relevant 
attachments). On November 22, 2010, Mexinox submitted its revised 
rebuttal brief and on November 23, 2010, petitioners submitted its 
revised case brief. On December 7, 2010, the Department issued a letter 
(1) notifying Mexinox of our intent to reclassify certain information 
as ``public'' rather than ``business proprietary'' and (2) requesting 
justification from Mexinox as to why certain information should be 
considered proprietary. On December 8, 2010, the Department published 
in the Federal Register our notice extending the time limit for this 
review until January 6, 2011. See Stainless Steel Sheet and Strip in 
Coils from Mexico: Extension of Time Limit for Final Results of 
Antidumping Duty Administrative Review, 75 FR 76396 (December 8, 2010). 
On Friday, December 10, 2010, Mexinox submitted its response to the 
Department's December 7, 2010, request.

Period of Review

    The period of review (POR) is July 1, 2008, to June 30, 2009.

Scope of the Order

    For purposes of the order, the products covered are stainless steel 
sheet and strip in coils. Stainless steel is alloy steel containing, by 
weight, 1.2 percent or less of carbon and 10.5 percent or more of 
chromium, with or without other elements. The subject sheet and strip 
is a flat-rolled product in coils that is greater than 9.5 mm in width 
and less than 4.75 mm in thickness, and that is annealed or otherwise 
heat treated and pickled or otherwise descaled. The subject sheet and 
strip may also be further processed (e.g., cold-rolled, polished, 
aluminized, coated, etc.) provided that it maintains the specific 
dimensions of sheet and strip following such processing.
    The merchandise subject to this order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTSUS) at 
subheadings: 7219.13.00.31, 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 subject to 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).
    In response to comments by interested parties, the Department has 
determined that certain specialty stainless steel products are also 
excluded from the scope of the order. These excluded products are 
described below.
    Flapper valve steel is defined as stainless steel strip in coils 
containing,

[[Page 2334]]

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 for compressors.
    Also excluded is a product referred to as suspension foil, a 
specialty steel product used in the manufacture of suspension 
assemblies for computer disk drives. Suspension foil is described as 
302/304 grade or 202 grade stainless steel of a thickness between 14 
and 127 microns, with a thickness tolerance of plus-or-minus 2.01 
microns, and surface glossiness of 200 to 700 percent Gs. Suspension 
foil must be supplied in coil widths of not more than 407 mm, and with 
a mass of 225 kg or less. Roll marks may only be visible on one side, 
with no scratches of measurable depth. The material must exhibit 
residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm 
over 685 mm length.
    Certain stainless steel foil for automotive catalytic converters is 
also excluded from the scope of the order. This stainless steel strip 
in coils is a specialty foil with a thickness of between 20 and 110 
microns used to produce a metallic substrate with a honeycomb structure 
for use in automotive catalytic converters. The steel contains, by 
weight, carbon of no more than 0.030 percent, silicon of no more than 
1.0 percent, manganese of no more than 1.0 percent, chromium of between 
19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of 
no more than 0.045 percent, sulfur of no more than 0.03 percent, 
lanthanum of between 0.002 and 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 (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 the 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.
---------------------------------------------------------------------------

    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 ASTM grade 440F, 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 square micron. 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.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by interested 
parties in this administrative review are addressed in the Issues and 
Decision Memorandum, ``Issues and Decision Memorandum for the Final 
Results of the Antidumping Duty Administrative Review of Stainless 
Steel Sheet and Strip in Coils from Mexico'' (Issues and Decision 
Memorandum), from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, 
Deputy Assistant Secretary for Import Administration, dated January 5, 
2011, which is hereby adopted by this notice.\6\ A list of all issues, 
which parties have raised and to which we have responded, in the Issues 
and Decision Memorandum is attached to this notice as an appendix. 
Parties can find a complete discussion of all issues raised

[[Page 2335]]

in this review and the corresponding recommendations in this public 
memorandum, which is on file in the Central Records Unit in room 7046 
of the main Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly via the 
Internet at www.ia.ita.doc.gov/fm/. The paper copy and 
electronic version of the Issues and Decision Memorandum are identical 
in content.
---------------------------------------------------------------------------

    \6\ See also Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Deputy Assistant Secretary for Import 
Administration, dated January 5, 2011, titled, ``Proprietary 
Arguments from the Issues and Decision Memorandum for the Final 
Results of the Antidumping Duty Administrative Review of Stainless 
Steel Sheet and Strip in Coils from Mexico.''
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    The Department has revised its indirect selling expense calculation 
since the Preliminary Results. For these final results, we included the 
total POR indirect selling expenses incurred by all three companies 
(Mexinox USA, TKNNA, and TKAST USA) on sales of finished goods in the 
ratio's numerator (while excluding expenses attributable to raw 
material transfers to Mexinox), and total sales revenue made on all 
finished goods by all three companies (while excluding net raw material 
transfers for the POR and reserves/adjustments) in the denominator.
    Because the denominator of the revised ratio includes the total net 
sales of finished goods for all three companies (i.e., both subject and 
non-subject) and the revised numerator includes total indirect selling 
expenses relating to all three companies (i.e., both sales of subject 
and non-subject merchandise), this methodology properly accounts for 
the fact that in selling German and Italian steel as purchased from 
ThyssenKrupp Nirosta GmbH and ThyssenKrupp Acciai Speciali Terni S.p.A. 
(TKNNA and TKAST USA's German and Italian affiliates, respectively) \7\ 
to their U.S. affiliates, some selling functions were performed and 
indirect selling expenses were incurred by entities other than Mexinox 
USA (i.e., TKNNA and TKAST USA).\8\ In this way, we have ensured that 
all of Mexinox USAs, TKNNA's and TKAST USA's indirect selling expenses 
are captured and allocated over all of their U.S. sales.
---------------------------------------------------------------------------

    \7\ See Mexinox's AQR at 10.
    \8\ See Mexinox's AQR at pages A-9 (and footnote 5) through A-14 
for additional information regarding TKNNA and TKAST USA. The 
Department notes that TKNNA and TKAST USA are German and Italian 
affiliates, respectively, that sell German and Italian steel, 
respectively. See also Mexinox's July 21, 2010, supplemental 
questionnaire at attachments C-37 and C-38 for schedules of all 
TKNNA's and TKAST USA's U.S. indirect selling expenses, 
respectively.
---------------------------------------------------------------------------

    See (1) Memorandum to the File, from Patrick Edwards and Brian 
Davis, Case Analysts, through Angelica Mendoza, Program Manager, titled 
``Analysis of Data Submitted by ThyssenKrupp Mexinox S.A. de C.V. for 
the Final Results of the Antidumping Duty Administrative Review of 
Stainless Steel Sheet and Strip in Coils from Mexico (A-201-822),'' 
dated January 5, 2011 (Final Analysis Memorandum) at pages 6 through 7 
and (2) the Department's Issues and Decision Memorandum at pages 18 
through 24 for further information regarding the Department's revised 
indirect selling expense calculation.
    Furthermore, based on our analysis of the comments received, we 
have made the following changes to the margin calculation:
    (1) We revised the Comparison Market Program to utilize cost data 
for all control numbers that Mexinox produced in the POR.
    (2) We corrected the U.S. Margin Program to extend the cost of 
production (COP) and packing expenses on U.S. sales by quantity sold.
    (3) We included sales by Ken-Mac Metals in our margin analysis.
    (4) We removed all sample transactions from our margin analysis.
    (5) We have adjusted our programming in order to include the value 
and quantity of merchandise that first entered but was subsequently 
exported to a third-country in our calculation of the assessment rate.
    These changes are discussed in the relevant sections of the Issues 
and Decision Memorandum and Final Analysis Memorandum.

Final Results of Review

    We determine the following weighted-average percentage margin 
exists for the period July 1, 2008, to June 30, 2009:

------------------------------------------------------------------------
                                                             Weighted
                  Manufacturer/Exporter                   average margin
                                                           (percentage)
------------------------------------------------------------------------
ThyssenKrupp Mexinox S.A. de C.V........................           21.16
------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to section 751(a)(1) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b). The Department calculated an 
assessment rate for each importer of the subject merchandise covered by 
the review. Upon issuance of the final results of this review, for any 
importer-specific assessment rates calculated in the final results that 
are above de minimis (i.e., at or above 0.50 percent), we will issue 
appraisement instructions directly to CBP to assess antidumping duties 
on appropriate entries by applying the assessment rate to the entered 
value of the merchandise. Pursuant to 19 CFR 356.8(a), the Department 
intends to issue assessment instructions to CBP 41 days after the date 
of publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See 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 Mexinox for which Mexinox did not know the merchandise 
was destined for the United States. In such instances, we will instruct 
CBP to liquidate unreviewed entries at the 30.69 percent all-others 
rate if there is no company-specific rate for an intermediary involved 
in the transaction.

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-fair-value 
(LTFV) investigation, the cash deposit rate will continue to be the 
company-specific rate published for the most recent period; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original LTFV investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 30.69 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)) and modified during the section 
129 determination (see Implementation of the Findings of the WTO 
Dispute Settlement Panel and Appellate Body in United States--Final 
Anti-Dumping Measures on Stainless Steel from Mexico: Notice of 
Determination Under Section 129 of the Uruguay Round

[[Page 2336]]

Agreements Act, 74 FR 19527 (April 29, 2009)). 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 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: January 5, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix--List of Issues in Issues and Decision Memorandum

Comment 1: Ministerial Errors
Comment 2: Offsetting for U.S. Sales that Exceed Normal Value
Comment 3: Contemporaneous Model Matching
Comment 4: Date of Sale
Comment 5: U.S. Indirect Selling Expenses
Comment 6: Circumstance of Sale Adjustment
Comment 7: The Use of Quarterly Costs for the Cost Recovery Test
Comment 8: TKSI SG&A Ratio for Purchases from Affiliates
Comment 9: Profit Sharing Expenses Included in G&A
Comment 10: G&A ratio includes Offsets for Other Income
Comment 11: The COP Database

[FR Doc. 2011-626 Filed 1-12-11; 8:45 am]
BILLING CODE 3510-DS-P