Stainless Steel Bar From Japan: Initiation and Preliminary Results of Antidumping Duty Changed-Circumstances Review, and Intent To Revoke Order in Part, 31578-31580 [2012-12980]
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31578
Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Notices
Tariff Schedule of the United States
(HTSUS) under item numbers
7307.11.00.30, 7307.11.00.60,
7307.19.30.60, 7307.19.30.85. HTSUS
subheadings are provided for
convenience and customs purposes. The
written description of the scope of the
order is dispositive.5
Final Results of Review: Partial
Revocation of Antidumping Duty Order
srobinson on DSK4SPTVN1PROD with NOTICES
The affirmative statement of no
interest by Petitioners concerning
certain brake fluid connectors, as
described herein, constitutes changed
circumstances sufficient to warrant
revocation of this order in part. No party
commented on the Initiation and
Preliminary Results. Additionally, no
party contests that Petitioners’ statement
of no interest represents the views of
domestic producers accounting for
substantially all of the production of the
particular domestic like product (i.e.,
connector). Therefore, the Department is
partially revoking the order on nonmalleable cast iron pipe fittings from the
PRC with regard to a product which
meets the specifications detailed above,
in accordance with sections 751(b), (d)
and 782(h) of the Act and 19 CFR
351.216(d) and 351.222(g).
In this changed circumstances review,
we have determined to revoke the order
in part, retroactive to April 1, 2011, (the
date following the last day of the most
recently completed administrative
review) for unliquidated entries in light
of: (1) The submission by Petitioners; (2)
the fact that entries after this date are
not subject to a final determination by
the Department; and (3) we have
received no comments following our
preliminary results of April 16, 2012,
where we indicated that this changed
circumstances review will apply
retroactively. We hereby notify the
public of our revocation in part with
respect to a connector in the
antidumping duty order on nonmalleable cast iron pipe fittings from the
PRC retroactive to April 1, 2011.
5 On April 21, 2009, in consultation with the U.S.
Customs and Border Protection (CBP), the
Department added the following HTSUS
classification to the AD/CVD module for pipe
fittings: 7326.90.8588. See Memorandum from
Abdelali Elouaradia, Office Director, Import
Administration, Office 4 to Stephen Claeys, Deputy
Assistant Secretary, Import Administration
regarding the Final Scope Ruling on Black Cast Iron
Cast, Green Ductile Flange and Twin Tee,
antidumping duty order on non-malleable iron cast
pipe fittings from the PRC, dated September 19,
2008. See also Memorandum to the file from Karine
Gziryan, Financial Analyst, Office 4, regarding
Module Update adding HTSUS number for twin tin
fitting included in the scope of antidumping order
on non-malleable iron cast pipe fittings from the
PRC, dated April 22, 2009.
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16:12 May 25, 2012
Jkt 226001
We will instruct U.S. Customs and
Border Protection to liquidate without
regard to antidumping duties, as
applicable, and to refund any estimated
antidumping duties collected for all
unliquidated entries of a certain
connector, made on or after April 1,
2011, meeting the specifications
indicated above, in accordance with 19
CFR 351.222.
This notice 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 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
This changed circumstances
administrative review, partial
revocation of the antidumping duty
order and notice are in accordance with
sections 751(b), (d) and 782(h) of the
Act and 19 CFR 351.216(e) and
351.222(g).
Dated: May 21, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–12979 Filed 5–25–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–833]
Stainless Steel Bar From Japan:
Initiation and Preliminary Results of
Antidumping Duty ChangedCircumstances Review, and Intent To
Revoke Order in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 14, 2012, in
accordance with section 751(b) of the
Tariff Act of 1930, as amended (the Act),
and section 351.216(b) of the
Department of Commerce’s (the
Department) regulations, Suruga USA
Corp. (Suruga), a U.S. importer of
subject merchandise, filed a request for
a changed-circumstances review of four
types of stainless steel bar (SSBar) 1 that
are subject to the antidumping duty
order on SSBar from Japan (the Order).
On May 7, 2012, Suruga submitted
revised product descriptions of SSBar
that it seeks to exclude from the Order.
AGENCY:
1 SSFJ
PO 00000
& SSFJ–DKC, PSSFJ, PSSFG, U–SSFJ.
Frm 00015
Fmt 4703
Sfmt 4703
The revised submission covers three
products—one under Grade 304 and two
under Grade 440C.2 On May 11, 2012,
we received a submission from the
petitioners 3 expressing a lack of interest
in the products identified in Suruga’s
May 7, 2012 request and certifications
that they account for virtually all of the
domestic production of the particular
SSBar.4
Therefore, in response to Suruga’s
request and based on the record
evidence, we are notifying the public of
our preliminary intent to revoke, in part,
the antidumping duty order on SSBar
from Japan with respect to the products
described below and are inviting
interested parties to comment on these
preliminary results.
DATES: Effective Date: May 29, 2012.
FOR FURTHER INFORMATION CONTACT:
Jerrold Freeman or Minoo Hatten, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0180 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
antidumping duty order on SSBar on
February 21, 1995.5 On February 14,
2012, Suruga requested that the
Department conduct a changedcircumstances review of the Order and
exclude four particular types of stainless
SSBar from the scope of the Order.6
Because of certain concerns, the
Department asked Suruga to submit
revised product descriptions.
On May 7, 2012, Suruga submitted
revised product descriptions which
included one product under Grade 304
and two products under Grade 440C.7
Suruga stated that, although the form of
the descriptions was revised for ease of
2 See Suruga’s Letter to the Department, dated
May 7, 2012 at Attachment A.
3 The petitioners are Carpenter Technology
Corporation, Crucible Industries LLC, Electralloy, a
G.O. Carlson Inc. Co., North American Stainless,
Outokumpu Stainless Bar, Inc., Universal Stainless
& Alloy Products, Inc., and Valbruna Slater
Stainless, Inc.
4 Petitioner’s Letter to the Department, dated May
11, 2012, at 1. The petitioners used the term
‘‘virtually all’’ in their May 11, 2012, letter. For this
initiation and preliminary results of review, we are
interpreting the phrase, ‘‘virtually all,’’ as fulfilling
the ‘‘substantially all’’ threshold provided under
section 351.222(g)(1)(i) of our regulations.
5 See Notices of Antidumping Duty Orders:
Stainless Steel Bar from Brazil, India, and Japan,
60 FR 9661 (Feb. 21, 1995).
6 See generally Suruga’s Letter to the Department,
dated February 14, 2012.
7 See Suruga’s Letter to the Department, dated
May 7, 2012 at Attachment A.
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Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Notices
understanding, the products described
in its May 7, 2012 submission are
identical to those in its February 14,
2012 submission.8 Suruga requests that
the Department exclude imports
meeting the following descriptions from
the Order: 9
(1) The Grade 304 product has the
following characteristics: round crosssection, cold finished, chrome plated
(plating thickness 10 microns or
greater), hardness of plating a minimum
750 HV on the Vickers Scale, maximum
roundness deviation of 0.020 mm (based
on circularity tolerance described in JIS
B 0021 (1984)), in actual (measured)
lengths from 2000 mm to 3005 mm, in
nominal outside diameters ranging from
6 mm to 30 mm (diameter tolerance for
any size from minus 0.010 mm to minus
0.053 mm). Tolerance can be defined as
the specified permissible deviation from
a specified nominal dimension; for
example if the nominal outside diameter
of the product entering is 6 mm, then
the actual measured sizes should fall
within 5.947 mm to 5.990 mm;
(2) The first Grade 440C product has
the following characteristics: round
cross-section, cold finished, heat treated
through induction hardening, minimum
Rockwell hardness of 56 Hardness of 56
HRC, maximum roundness deviation of
0.007 mm (based on circularity
tolerance described in JIS B 0021
(1984)), in actual (measured) lengths
from 500 mm to 3005 mm, in nominal
outside diameters ranging from 3 mm to
38.10 mm (diameter tolerance for any
size from 0.00 mm to minus 0.150 mm).
Tolerance can be defined as the
specified permissible deviation from a
specified nominal dimension; for
example if the nominal outside diameter
of the product entering is 3 mm, then
the actual measured sizes should fall
within 2.850 mm to 3.000 mm;
(3) The second Grade 440C product
has the following characteristics: round
cross-section, cold finished, chrome
plated (plating thickness 5 microns or
greater), heat treated through induction
hardening, minimum Rockwell
Hardness of 56 HRC, maximum
roundness deviation of 0.007 mm (based
on circularity tolerance described in JIS
B 0021 (1984)), in actual (measured)
lengths from 2000 mm to 3005 mm, in
nominal outside diameters ranging from
6 mm to 30 mm (diameter tolerance for
any size from minus 0.004 mm to minus
0.020 mm). Tolerance can be defined as
the specified permissible deviation from
a specified nominal dimension; for
example if the nominal outside diameter
of the product entering is 6 mm, then
8 See
9 See
id. at 1 and Attachment A.
id. at Attachment A.
VerDate Mar<15>2010
16:12 May 25, 2012
Jkt 226001
the actual measured sizes should fall
within 5.980 mm to 5.996 mm.
Suruga stated that parties comprising
the majority of the U.S. industry have
agreed to the exclusion of the
aforementioned products based on
changed circumstances.10 Suruga also
requested that the Department revoke
the Order in part retroactively to
February 1, 2010, the beginning of the
2010/2011 period of review for which
we had deferred the initiation of a
review based on a timely request by
Suruga.11 On March 30, 2012, in
accordance with section 751(a) of the
Act and section 351.213(c)(3) of the
Department’s regulations, the
Department initiated the previouslydeferred 2010/2011 administrative
review of the Order. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, and Deferral of
Administrative Review, 77 FR 19179
(March 30, 2012).
On February 14, 2012, the petitioners
submitted a letter attesting to their lack
of interest in having the merchandise, as
described above, continue to be subject
to the Order.12 On March 7, 2012, the
petitioners submitted an amended letter
affirming their support for the exclusion
of the four types of SSBar from Japan,
which included a signed certification
from each company and a statement
indicating that collectively the
petitioners account for virtually all of
the domestic production of SSBar.13 On
May 11, 2012, the petitioners provided
certified statements in support of the
exclusion of the three above-referenced
products from the scope of the Order,
again stating that they account for
virtually all of the domestic production
of the particular SSBar that Suruga
seeks to exclude from the Order.14
Scope of the Order
The scope of the order covers SSBar.
The term SSBar with respect to the
order means articles of stainless steel in
straight lengths that have been either
hot-rolled, forged, turned, cold-drawn,
10 See
id. at 1.
Suruga’s Letter to the Department, dated
February 14, 2012, at 2. Suruga filed a timely
request for the administrative review of the Order
covering the period February 1, 2010 through
January 31, 2011. See Suruga’s letter to the
Secretary of Commerce, dated February 28, 2011.
We granted Suruga’s request in Initiation of
Antidumping Duty Administrative Reviews,
Requests for Revocation In Part, and Deferral of
Administrative Review, 76 FR 17825, 17826 (March
31, 2011).
12 See generally Petitioner’s Letter to the
Department, dated February 14, 2012.
13 See generally Petitioner’s Letter to the
Department, dated March 7, 2012.
14 See Petitioner’s Letter to the Department, dated
May 11, 2012, at 1–2.
11 See
PO 00000
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Fmt 4703
Sfmt 4703
31579
cold-rolled or otherwise cold-finished,
or ground, having a uniform solid cross
section along their whole length in the
shape of circles, segments of circles,
ovals, rectangles (including squares),
triangles, hexagons, octagons or other
convex polygons. SSBar includes coldfinished SSBars that are turned or
ground in straight lengths, whether
produced from hot-rolled bar or from
straightened and cut rod or wire, and
reinforcing bars that have indentations,
ribs, grooves, or other deformations
produced during the rolling process.
Except as specified above, the term
does not include stainless steel semifinished products, cut-length flat-rolled
products (i.e., cut-length rolled products
which if less than 4.75 mm in thickness
have a width measuring at least 10 times
the thickness, or if 4.75 mm or more in
thickness having a width which exceeds
150 mm and measures at least twice the
thickness), wire (i.e., cold-formed
products in coils, of any uniform solid
cross section along their whole length,
which do not conform to the definition
of flat-rolled products), and angles,
shapes and sections.
In addition, the term does not include
certain valve/stem stainless steel round
bar of 21–2N modified grade, having a
diameter of 5.7 millimeters (with a
tolerance of 0.025 millimeters), in
length no greater than 15 meters, having
a chemical composition consisting of a
minimum of 0.50 percent and a
maximum of 0.60 percent of carbon, a
minimum of 7.50 percent and a
maximum of 9.50 percent of manganese,
a maximum of 0.25 percent of silicon,
a maximum of 0.04 percent of
phosphorus, a maximum of 0.03 percent
of sulfur, a minimum of 20.0 percent
and a maximum of 22.00 percent of
chromium, a minimum of 2.00 percent
and a maximum of 3.00 percent of
nickel, a minimum of 0.20 percent and
a maximum of 0.40 percent of nitrogen,
a minimum of 0.85 percent of the
combined content of carbon and
nitrogen, and a balance minimum of
iron, having a maximum core hardness
of 385 HB and a maximum surface
hardness of 425 HB, with a minimum
hardness of 270 HB for annealed
material.15
The SSBar subject to the order is
currently classifiable under subheadings
7222.11.00, 7222.19.00, 7222.20.00, and
7222.30.00 of the Harmonized Tariff
Schedule of the United States
15 See Final Results of Antidumping Duty
Changed-Circumstances Review and Revocation of
Order in Part: Stainless Steel Bar from Japan, 71 FR
70959, 70960 (December 7, 2006).
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Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Notices
(HTSUS).16 Although the HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.
srobinson on DSK4SPTVN1PROD with NOTICES
Initiation and Preliminary Results of
Antidumping Duty ChangedCircumstances Review, and Intent To
Revoke the Order in Part
Pursuant to section 751(b)(1) of the
Act, the Department will conduct a
changed-circumstances review upon
receipt of information concerning, or a
request from an interested party for a
review of, an antidumping duty order
which shows changed circumstances
sufficient to warrant a review of the
order. Section 782(h)(2) of the Act and
section 351.222(g) of the Department’s
regulations provide that the Department
may revoke an order (in whole or in
part) if it determines that producers
accounting for substantially all of the
production of the domestic like product
(i.e., at least 85 percent) 17 have
expressed no further interest in the
relief of subject merchandise provided
by the order or if other changed
circumstances sufficient to warrant
revocation exist. In addition, section
351.221(c)(3)(ii) of the Department’s
regulations permits the Department to
combine the notices of initiation and
preliminarily results if it concludes that
expedited action is warranted.
In accordance with section 751(b) of
the Act, section 351.216(b), and section
351.222(g) of the Department’s
regulations, the Department is initiating
this changed-circumstances review and
has determined that, pursuant to section
351.221(c)(3)(ii) of the Department’s
regulations, expedited action is
warranted. We find that the petitioners’
affirmative statement of no interest, and
their certified statement that they
produced virtually all the domestic like
product, provide a reasonable basis for
the Department’s determination to
16 The Department previously listed
7222.10.0005, 7222.10.0050, 7222.20.0005,
7222.20.0045, 7222.20.0075, and 7222.30.0000 in
the scope of the Order. See id. at 7059. On February
14, 2010, the above-referenced numbers were
replaced with 7222.10.10, 7222.11.00, 7222.19.00,
7222.20.00, and 7222.30.00. As a result of recent
changes to the HTSUS, effective February 3, 2012,
the subject merchandise is no longer classifiable
under HTSUS 7222.10.00. See Harmonized Tariff
Schedule of the United States, available at https://
www.usitc.gov/tata/hts/bychapter/_1200.htm.
17 The Department has defined ‘‘substantially all’’
to mean accounting for over 85% of the total
production of the domestic like product. See
Certain Orange Juice from Brazil: Preliminary
Results of Antidumping Duty Changed
Circumstances Review and Intent Not to Revoke, In
Part, 73 FR 60241, 60242 (Oct. 10, 2008);
unchanged in Certain Orange Juice from Brazil:
Final Results of Antidumping Duty Changed
Circumstances Review, 74 FR 4733 (Jan. 27, 2009).
VerDate Mar<15>2010
16:12 May 25, 2012
Jkt 226001
conduct an expedited review. Based on
the petitioners’ expression of no interest
and claims of accounting for virtually
all of the domestic production of the
domestic like product, and absent any
evidence to the contrary, we also
preliminarily determine that
substantially all of the domestic
producers of the domestic like product
have no interest in the continued
application of the Order as to the types
of SSBar in question. Therefore, we are
notifying the public of our intent to
revoke the Order in part. If we make a
final determination to revoke the Order
in part, this determination will apply to
all unliquidated entries of the abovespecified types of SSBar from Japan
covered by the Order which are entered,
or withdrawn from warehouse, for
consumption on or after the date
determined by the Department.18
Suspension of liquidation is considered
removed upon publication of the final
results in the Federal Register and the
Department will instruct U.S. Customs
and Border Protection (CBP) to liquidate
without regard to antidumping duties
and to refund with interest any
estimated antidumping duties
collected.19 The current requirement for
a cash deposit of estimated antidumping
duties on entries of the three types of
SSBar described above and covered by
the Order will continue unless, and
until, we publish a final determination
to revoke the Order in part.
Suruga requested that the Department
revoke the Order in part retroactively to
February 1, 2010, the beginning of the
2010 anniversary month of the Order. In
the instant case, we have not completed
an administrative review on the Order
for the period February 1, 2010 through
January 31, 2011. It is the Department’s
practice to revoke an order (in whole or
in part) so that the effective date of
revocation covers entries that have not
been subject to a completed
administrative review.20 Therefore, in
accordance with the Department’s
practice, we preliminarily determine to
instruct CBP to liquidate, without regard
to antidumping duties, shipments of
these three types of SSBar from Japan
18 See
section 751(d)(3) of the Act.
19 See section 778 of the Act; section 351.222(g)(4)
of the Department’s regulations.
20 See Notice of the Final Results of Changed
Circumstances Review and Revocation of the
Antidumping Order: Coumarin from the People’s
Republic of China, 69 FR 24122 (May 3, 2004) and
the accompanying Issues and Decision
Memorandum at 3; see also Large Newspaper
Printing Presses and Components Thereof, Whether
Assembled or Unassembled, from Germany: Notice
of Final Results of Changed Circumstances Review,
Revocation of the Antidumping Duty Order, and
Rescission of Administrative Reviews, 67 FR 19551,
19552 (April 22, 2002).
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Fmt 4703
Sfmt 9990
described above, entered, or withdrawn
from warehouse, for consumption on or
after February 1, 2010.
Public Comment
Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties may comment on
these preliminary results by submitting
case briefs to the Department no later
than 15 days after the publication of this
notice in the Federal Register. Parties
will have seven days subsequent to this
due date to submit rebuttal comments,
limited to the issues raised in the case
briefs. Parties who submit case briefs or
rebuttal comments in this proceeding
are requested to submit with each
argument (1) a statement of the issue
and (2) a brief summary of the argument
(no longer than five pages, including
footnotes). Any interested party may
request a hearing within 10 days of the
date of publication of this notice.
Further, any hearing, if requested, will
be held no later than 25 days after the
date of publication of this notice, or the
first business day thereafter. All written
comments and/or requests must be filed
electronically using Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
An electronically filed document must
be received successfully in its entirety
by the Department’s electronic records
system, IA ACCESS, by 5 p.m. Eastern
Time of the deadlines set forth in this
notice.
We will issue our final results in this
changed-circumstances review as soon
as practicable following the above
comment period but not later than 270
days after the date on which we
initiated the changed-circumstances
review, in accordance with 19 CFR
351.216(e), and we will publish the
results in the Federal Register.
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and sections
351.216, 351.221(b)(1), and 351.222 of
the Department’s regulations.
Dated: May 18, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–12980 Filed 5–25–12; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Notices]
[Pages 31578-31580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12980]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-833]
Stainless Steel Bar From Japan: Initiation and Preliminary
Results of Antidumping Duty Changed-Circumstances Review, and Intent To
Revoke Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 14, 2012, in accordance with section 751(b) of the
Tariff Act of 1930, as amended (the Act), and section 351.216(b) of the
Department of Commerce's (the Department) regulations, Suruga USA Corp.
(Suruga), a U.S. importer of subject merchandise, filed a request for a
changed-circumstances review of four types of stainless steel bar
(SSBar) \1\ that are subject to the antidumping duty order on SSBar
from Japan (the Order).
---------------------------------------------------------------------------
\1\ SSFJ & SSFJ-DKC, PSSFJ, PSSFG, U-SSFJ.
---------------------------------------------------------------------------
On May 7, 2012, Suruga submitted revised product descriptions of
SSBar that it seeks to exclude from the Order. The revised submission
covers three products--one under Grade 304 and two under Grade 440C.\2\
On May 11, 2012, we received a submission from the petitioners \3\
expressing a lack of interest in the products identified in Suruga's
May 7, 2012 request and certifications that they account for virtually
all of the domestic production of the particular SSBar.\4\
---------------------------------------------------------------------------
\2\ See Suruga's Letter to the Department, dated May 7, 2012 at
Attachment A.
\3\ The petitioners are Carpenter Technology Corporation,
Crucible Industries LLC, Electralloy, a G.O. Carlson Inc. Co., North
American Stainless, Outokumpu Stainless Bar, Inc., Universal
Stainless & Alloy Products, Inc., and Valbruna Slater Stainless,
Inc.
\4\ Petitioner's Letter to the Department, dated May 11, 2012,
at 1. The petitioners used the term ``virtually all'' in their May
11, 2012, letter. For this initiation and preliminary results of
review, we are interpreting the phrase, ``virtually all,'' as
fulfilling the ``substantially all'' threshold provided under
section 351.222(g)(1)(i) of our regulations.
---------------------------------------------------------------------------
Therefore, in response to Suruga's request and based on the record
evidence, we are notifying the public of our preliminary intent to
revoke, in part, the antidumping duty order on SSBar from Japan with
respect to the products described below and are inviting interested
parties to comment on these preliminary results.
DATES: Effective Date: May 29, 2012.
FOR FURTHER INFORMATION CONTACT: Jerrold Freeman or Minoo Hatten, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0180 or (202)
482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on SSBar on
February 21, 1995.\5\ On February 14, 2012, Suruga requested that the
Department conduct a changed-circumstances review of the Order and
exclude four particular types of stainless SSBar from the scope of the
Order.\6\ Because of certain concerns, the Department asked Suruga to
submit revised product descriptions.
---------------------------------------------------------------------------
\5\ See Notices of Antidumping Duty Orders: Stainless Steel Bar
from Brazil, India, and Japan, 60 FR 9661 (Feb. 21, 1995).
\6\ See generally Suruga's Letter to the Department, dated
February 14, 2012.
---------------------------------------------------------------------------
On May 7, 2012, Suruga submitted revised product descriptions which
included one product under Grade 304 and two products under Grade
440C.\7\ Suruga stated that, although the form of the descriptions was
revised for ease of
[[Page 31579]]
understanding, the products described in its May 7, 2012 submission are
identical to those in its February 14, 2012 submission.\8\ Suruga
requests that the Department exclude imports meeting the following
descriptions from the Order: \9\
---------------------------------------------------------------------------
\7\ See Suruga's Letter to the Department, dated May 7, 2012 at
Attachment A.
\8\ See id. at 1 and Attachment A.
\9\ See id. at Attachment A.
---------------------------------------------------------------------------
(1) The Grade 304 product has the following characteristics: round
cross-section, cold finished, chrome plated (plating thickness 10
microns or greater), hardness of plating a minimum 750 HV on the
Vickers Scale, maximum roundness deviation of 0.020 mm (based on
circularity tolerance described in JIS B 0021 (1984)), in actual
(measured) lengths from 2000 mm to 3005 mm, in nominal outside
diameters ranging from 6 mm to 30 mm (diameter tolerance for any size
from minus 0.010 mm to minus 0.053 mm). Tolerance can be defined as the
specified permissible deviation from a specified nominal dimension; for
example if the nominal outside diameter of the product entering is 6
mm, then the actual measured sizes should fall within 5.947 mm to 5.990
mm;
(2) The first Grade 440C product has the following characteristics:
round cross-section, cold finished, heat treated through induction
hardening, minimum Rockwell hardness of 56 Hardness of 56 HRC, maximum
roundness deviation of 0.007 mm (based on circularity tolerance
described in JIS B 0021 (1984)), in actual (measured) lengths from 500
mm to 3005 mm, in nominal outside diameters ranging from 3 mm to 38.10
mm (diameter tolerance for any size from 0.00 mm to minus 0.150 mm).
Tolerance can be defined as the specified permissible deviation from a
specified nominal dimension; for example if the nominal outside
diameter of the product entering is 3 mm, then the actual measured
sizes should fall within 2.850 mm to 3.000 mm;
(3) The second Grade 440C product has the following
characteristics: round cross-section, cold finished, chrome plated
(plating thickness 5 microns or greater), heat treated through
induction hardening, minimum Rockwell Hardness of 56 HRC, maximum
roundness deviation of 0.007 mm (based on circularity tolerance
described in JIS B 0021 (1984)), in actual (measured) lengths from 2000
mm to 3005 mm, in nominal outside diameters ranging from 6 mm to 30 mm
(diameter tolerance for any size from minus 0.004 mm to minus 0.020
mm). Tolerance can be defined as the specified permissible deviation
from a specified nominal dimension; for example if the nominal outside
diameter of the product entering is 6 mm, then the actual measured
sizes should fall within 5.980 mm to 5.996 mm.
Suruga stated that parties comprising the majority of the U.S.
industry have agreed to the exclusion of the aforementioned products
based on changed circumstances.\10\ Suruga also requested that the
Department revoke the Order in part retroactively to February 1, 2010,
the beginning of the 2010/2011 period of review for which we had
deferred the initiation of a review based on a timely request by
Suruga.\11\ On March 30, 2012, in accordance with section 751(a) of the
Act and section 351.213(c)(3) of the Department's regulations, the
Department initiated the previously-deferred 2010/2011 administrative
review of the Order. See Initiation of Antidumping and Countervailing
Duty Administrative Reviews and Request for Revocation in Part, and
Deferral of Administrative Review, 77 FR 19179 (March 30, 2012).
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\10\ See id. at 1.
\11\ See Suruga's Letter to the Department, dated February 14,
2012, at 2. Suruga filed a timely request for the administrative
review of the Order covering the period February 1, 2010 through
January 31, 2011. See Suruga's letter to the Secretary of Commerce,
dated February 28, 2011. We granted Suruga's request in Initiation
of Antidumping Duty Administrative Reviews, Requests for Revocation
In Part, and Deferral of Administrative Review, 76 FR 17825, 17826
(March 31, 2011).
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On February 14, 2012, the petitioners submitted a letter attesting
to their lack of interest in having the merchandise, as described
above, continue to be subject to the Order.\12\ On March 7, 2012, the
petitioners submitted an amended letter affirming their support for the
exclusion of the four types of SSBar from Japan, which included a
signed certification from each company and a statement indicating that
collectively the petitioners account for virtually all of the domestic
production of SSBar.\13\ On May 11, 2012, the petitioners provided
certified statements in support of the exclusion of the three above-
referenced products from the scope of the Order, again stating that
they account for virtually all of the domestic production of the
particular SSBar that Suruga seeks to exclude from the Order.\14\
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\12\ See generally Petitioner's Letter to the Department, dated
February 14, 2012.
\13\ See generally Petitioner's Letter to the Department, dated
March 7, 2012.
\14\ See Petitioner's Letter to the Department, dated May 11,
2012, at 1-2.
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Scope of the Order
The scope of the order covers SSBar. The term SSBar with respect to
the order means articles of stainless steel in straight lengths that
have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or
otherwise cold-finished, or ground, having a uniform solid cross
section along their whole length in the shape of circles, segments of
circles, ovals, rectangles (including squares), triangles, hexagons,
octagons or other convex polygons. SSBar includes cold-finished SSBars
that are turned or ground in straight lengths, whether produced from
hot-rolled bar or from straightened and cut rod or wire, and
reinforcing bars that have indentations, ribs, grooves, or other
deformations produced during the rolling process.
Except as specified above, the term does not include stainless
steel semi-finished products, cut-length flat-rolled products (i.e.,
cut-length rolled products which if less than 4.75 mm in thickness have
a width measuring at least 10 times the thickness, or if 4.75 mm or
more in thickness having a width which exceeds 150 mm and measures at
least twice the thickness), wire (i.e., cold-formed products in coils,
of any uniform solid cross section along their whole length, which do
not conform to the definition of flat-rolled products), and angles,
shapes and sections.
In addition, the term does not include certain valve/stem stainless
steel round bar of 21-2N modified grade, having a diameter of 5.7
millimeters (with a tolerance of 0.025 millimeters), in length no
greater than 15 meters, having a chemical composition consisting of a
minimum of 0.50 percent and a maximum of 0.60 percent of carbon, a
minimum of 7.50 percent and a maximum of 9.50 percent of manganese, a
maximum of 0.25 percent of silicon, a maximum of 0.04 percent of
phosphorus, a maximum of 0.03 percent of sulfur, a minimum of 20.0
percent and a maximum of 22.00 percent of chromium, a minimum of 2.00
percent and a maximum of 3.00 percent of nickel, a minimum of 0.20
percent and a maximum of 0.40 percent of nitrogen, a minimum of 0.85
percent of the combined content of carbon and nitrogen, and a balance
minimum of iron, having a maximum core hardness of 385 HB and a maximum
surface hardness of 425 HB, with a minimum hardness of 270 HB for
annealed material.\15\
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\15\ See Final Results of Antidumping Duty Changed-Circumstances
Review and Revocation of Order in Part: Stainless Steel Bar from
Japan, 71 FR 70959, 70960 (December 7, 2006).
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The SSBar subject to the order is currently classifiable under
subheadings 7222.11.00, 7222.19.00, 7222.20.00, and 7222.30.00 of the
Harmonized Tariff Schedule of the United States
[[Page 31580]]
(HTSUS).\16\ Although the HTSUS subheadings are provided for
convenience and customs purposes, our written description of the scope
of the order is dispositive.
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\16\ The Department previously listed 7222.10.0005,
7222.10.0050, 7222.20.0005, 7222.20.0045, 7222.20.0075, and
7222.30.0000 in the scope of the Order. See id. at 7059. On February
14, 2010, the above-referenced numbers were replaced with
7222.10.10, 7222.11.00, 7222.19.00, 7222.20.00, and 7222.30.00. As a
result of recent changes to the HTSUS, effective February 3, 2012,
the subject merchandise is no longer classifiable under HTSUS
7222.10.00. See Harmonized Tariff Schedule of the United States,
available at https://www.usitc.gov/tata/hts/bychapter/_1200.htm.
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Initiation and Preliminary Results of Antidumping Duty Changed-
Circumstances Review, and Intent To Revoke the Order in Part
Pursuant to section 751(b)(1) of the Act, the Department will
conduct a changed-circumstances review upon receipt of information
concerning, or a request from an interested party for a review of, an
antidumping duty order which shows changed circumstances sufficient to
warrant a review of the order. Section 782(h)(2) of the Act and section
351.222(g) of the Department's regulations provide that the Department
may revoke an order (in whole or in part) if it determines that
producers accounting for substantially all of the production of the
domestic like product (i.e., at least 85 percent) \17\ have expressed
no further interest in the relief of subject merchandise provided by
the order or if other changed circumstances sufficient to warrant
revocation exist. In addition, section 351.221(c)(3)(ii) of the
Department's regulations permits the Department to combine the notices
of initiation and preliminarily results if it concludes that expedited
action is warranted.
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\17\ The Department has defined ``substantially all'' to mean
accounting for over 85% of the total production of the domestic like
product. See Certain Orange Juice from Brazil: Preliminary Results
of Antidumping Duty Changed Circumstances Review and Intent Not to
Revoke, In Part, 73 FR 60241, 60242 (Oct. 10, 2008); unchanged in
Certain Orange Juice from Brazil: Final Results of Antidumping Duty
Changed Circumstances Review, 74 FR 4733 (Jan. 27, 2009).
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In accordance with section 751(b) of the Act, section 351.216(b),
and section 351.222(g) of the Department's regulations, the Department
is initiating this changed-circumstances review and has determined
that, pursuant to section 351.221(c)(3)(ii) of the Department's
regulations, expedited action is warranted. We find that the
petitioners' affirmative statement of no interest, and their certified
statement that they produced virtually all the domestic like product,
provide a reasonable basis for the Department's determination to
conduct an expedited review. Based on the petitioners' expression of no
interest and claims of accounting for virtually all of the domestic
production of the domestic like product, and absent any evidence to the
contrary, we also preliminarily determine that substantially all of the
domestic producers of the domestic like product have no interest in the
continued application of the Order as to the types of SSBar in
question. Therefore, we are notifying the public of our intent to
revoke the Order in part. If we make a final determination to revoke
the Order in part, this determination will apply to all unliquidated
entries of the above-specified types of SSBar from Japan covered by the
Order which are entered, or withdrawn from warehouse, for consumption
on or after the date determined by the Department.\18\ Suspension of
liquidation is considered removed upon publication of the final results
in the Federal Register and the Department will instruct U.S. Customs
and Border Protection (CBP) to liquidate without regard to antidumping
duties and to refund with interest any estimated antidumping duties
collected.\19\ The current requirement for a cash deposit of estimated
antidumping duties on entries of the three types of SSBar described
above and covered by the Order will continue unless, and until, we
publish a final determination to revoke the Order in part.
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\18\ See section 751(d)(3) of the Act.
\19\ See section 778 of the Act; section 351.222(g)(4) of the
Department's regulations.
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Suruga requested that the Department revoke the Order in part
retroactively to February 1, 2010, the beginning of the 2010
anniversary month of the Order. In the instant case, we have not
completed an administrative review on the Order for the period February
1, 2010 through January 31, 2011. It is the Department's practice to
revoke an order (in whole or in part) so that the effective date of
revocation covers entries that have not been subject to a completed
administrative review.\20\ Therefore, in accordance with the
Department's practice, we preliminarily determine to instruct CBP to
liquidate, without regard to antidumping duties, shipments of these
three types of SSBar from Japan described above, entered, or withdrawn
from warehouse, for consumption on or after February 1, 2010.
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\20\ See Notice of the Final Results of Changed Circumstances
Review and Revocation of the Antidumping Order: Coumarin from the
People's Republic of China, 69 FR 24122 (May 3, 2004) and the
accompanying Issues and Decision Memorandum at 3; see also Large
Newspaper Printing Presses and Components Thereof, Whether Assembled
or Unassembled, from Germany: Notice of Final Results of Changed
Circumstances Review, Revocation of the Antidumping Duty Order, and
Rescission of Administrative Reviews, 67 FR 19551, 19552 (April 22,
2002).
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Public Comment
Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties may
comment on these preliminary results by submitting case briefs to the
Department no later than 15 days after the publication of this notice
in the Federal Register. Parties will have seven days subsequent to
this due date to submit rebuttal comments, limited to the issues raised
in the case briefs. Parties who submit case briefs or rebuttal comments
in this proceeding are requested to submit with each argument (1) a
statement of the issue and (2) a brief summary of the argument (no
longer than five pages, including footnotes). Any interested party may
request a hearing within 10 days of the date of publication of this
notice. Further, any hearing, if requested, will be held no later than
25 days after the date of publication of this notice, or the first
business day thereafter. All written comments and/or requests must be
filed electronically using Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
An electronically filed document must be received successfully in its
entirety by the Department's electronic records system, IA ACCESS, by 5
p.m. Eastern Time of the deadlines set forth in this notice.
We will issue our final results in this changed-circumstances
review as soon as practicable following the above comment period but
not later than 270 days after the date on which we initiated the
changed-circumstances review, in accordance with 19 CFR 351.216(e), and
we will publish the results in the Federal Register.
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act and sections 351.216, 351.221(b)(1), and 351.222
of the Department's regulations.
Dated: May 18, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-12980 Filed 5-25-12; 8:45 am]
BILLING CODE 3510-DS-P
