Stainless Steel Sheet and Strip in Coils From Mexico; Final Results of Antidumping Duty Administrative Review, 2332-2336 [2011-626]
Download as PDF
<![CDATA[
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, https://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]
-----------------------------------------------------------------------
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
