Stainless Steel Bar From Japan: Final Results of Antidumping Duty Changed-Circumstances Review, and Revocation of Order in Part, 38271-38273 [2012-15759]
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Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
Foreign-Trade Zones Board
[Order No. 1829]
Voluntary Termination of ForeignTrade Subzone 33B Verosol USA, Inc.
Kennedy Township, Allegheny County,
PA
Pursuant to the authority granted in the
Foreign-Trade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), and the
Foreign-Trade Zones Board Regulations (15
CFR part 400), the Foreign-Trade Zones
Board has adopted the following order:
Whereas, on December 28, 1988, the
Foreign-Trade Zones Board issued a
grant of authority to the Regional
Industrial Development Corporation of
Southwestern Pennsylvania, grantee of
FTZ 33, authorizing the establishment
of Foreign-Trade Subzone 33B at the
Verosol USA, Inc., plant in Kennedy
Township, Allegheny County,
Pennsylvania (Board Order 416, 54 FR
164, 1/4/89);
Whereas, the Regional Industrial
Development Corporation of
Southwestern Pennsylvania has advised
that zone procedures are no longer
needed at the facility and requested
voluntary termination of Subzone 33B
(FTZ Docket 15–2012);
Whereas, the request has been
reviewed by the FTZ Staff and Customs
and Border Protection officials, and
approval has been recommended;
Now, therefore, the Foreign-Trade
Zones Board terminates the subzone
status of Subzone 33B, effective this
date.
Dated: Signed at Washington, DC, this 18
day of June 2012.
Paul Piquado,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
ATTEST:
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2012–15733 Filed 6–26–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
srobinson on DSK4SPTVN1PROD with NOTICES
[A–588–833]
Stainless Steel Bar From Japan: Final
Results of Antidumping Duty ChangedCircumstances Review, and
Revocation of Order in Part
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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19:05 Jun 26, 2012
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On May 29, 2012, the
Department of Commerce (the
Department) published in the Federal
Register a notice of initiation and
preliminary results of the antidumping
duty changed-circumstances review
with intent to revoke in part the order
on stainless steel bar (SSBar) from Japan
(the Order).1 In the Initiation and
Preliminary Results, we invited
interested parties to comment on the
preliminary determinations to exclude
three products under Grades 304 and
440C, as described below, from the
scope of the Order and to revoke the
Order in part retroactively to February
1, 2010. The Department received no
comments from interested parties.
Therefore, the Department is revoking
the Order in part to exclude the three
products described below in New Scope
Language, effective February 1, 2010.
DATES: Effective Date: February 1, 2010.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen 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) 482–3683 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
DEPARTMENT OF COMMERCE
Background
On February 21, 1995, the Department
published the Order.2 On February 14,
2012, Suruga USA Corp. (Suruga)
requested that the Department conduct
a changed-circumstances review of the
Order.3 On May 7, 2012, Suruga
submitted revised product descriptions,
as described below, with respect to one
product under Grade 304 and two
products under Grade 440C.4 Suruga
stated that, although the form of the
descriptions was revised for ease of
understanding, the products described
in its May 7, 2012 submission are
identical to those in its February 14,
2012 submission.5 On May 11, 2012, we
received a submission from the
petitioners 6 expressing a lack of interest
1 See Stainless Steel Bar From Japan: Initiation
and Preliminary Results of Antidumping Duty
Changed-Circumstances Review, and Intent To
Revoke Order in Part, 77 FR 31578 (May 29, 2012)
(Initiation and Preliminary Results).
2 See Notices of Antidumping Duty Orders:
Stainless Steel Bar from Brazil, India, and Japan,
60 FR 9661 (February 21, 1995).
3 See generally Suruga’s Letter to the Department,
dated February 14, 2012.
4 See Suruga’s Letter to the Department, dated
May 7, 2012 at Attachment A.
5 See id. at 1 and Attachment A.
6 The petitioners are Carpenter Technology
Corporation, Crucible Industries LLC, Electralloy
Corporation a Division of G.O. Carlson Inc. Co.,
North American Stainless, Outokumpu Stainless
PO 00000
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Sfmt 4703
38271
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.7 On May 29, 2012, we published
the initiation and preliminary results of
this changed-circumstances review.8 As
noted above, we gave interested parties
an opportunity to comment on the
Initiation and Preliminary Results.9 We
received no comments from interested
parties.
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 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
Bar, Inc., Universal Stainless & Alloy Products, Inc.,
and Valbruna Slater Stainless, Inc.
7 See the petitioners’ letter to the Department,
dated May 11, 2012, at 1. The petitioners used the
term ‘‘virtually all’’ in their May 11, 2012, letter.
See id. at 1–2. For the final results, the Department
continues to interpret the phrase ‘‘virtually all’’ as
fulfilling the ‘‘substantially all’’ threshold provided
under section 351.222(g)(1)(i) of the Department’s
regulations.
8 See generally Initiation and Preliminary Results.
9 See id. 77 FR at 31580.
E:\FR\FM\27JNN1.SGM
27JNN1
38272
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
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.10
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
(HTSUS).11 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
Final Results of Antidumping Duty
Changed-Circumstances Review and
Revocation of the Order in Part
Pursuant to sections 751(d)(1) and
782(h)(2) of the Tariff Act of 1930 (the
Act), as amended, the Department may
revoke an antidumping duty order in
part after conducting a changedcircumstances review under section
751(b) of the Act. Section 751(b)(1)
requires a changed-circumstances
review to be conducted upon the receipt
of a request which shows changedcircumstances sufficient to warrant a
review.
The affirmative statement of no
interest by the petitioners regarding the
products, as described below in the New
Scope Language section, along with the
fact that no other domestic interested
party commented on the Initiation and
Preliminary Results, constitutes
sufficient support on the part of
virtually all domestic producers of like
merchandise to warrant revocation of
10 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).
11 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. 71 FR 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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19:05 Jun 26, 2012
Jkt 226001
the Order in part. Therefore, in
accordance with sections 751(d)(1) and
782(h) of the Act and sections
351.216(d) and 351.222(g)(1)(i) of the
Department’s regulations, the
Department is partially revoking the
Order with regard to the products
meeting the specifications described
below.
New Scope Language
As a result of the final results of this
changed-circumstances review, the
Department will add the following
language, as the penultimate paragraph,
to the scope of the Order: ‘‘Furthermore,
effective for entries entered, or
withdrawn for warehouse, for
consumption on or after February 1,
2010, the term does not include one
SSBar product under Grade 304 and two
types of SSBar products under Grade
440C. (1) The Grade 304 product meets
the following descriptions: 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 meets the
following descriptions: round crosssection, 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 meets the
following descriptions: round crosssection, cold finished, chrome plated
(plating thickness 5 microns or greater),
heat treated through induction
hardening, minimum Rockwell
Hardness of 56 HRC, maximum
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Fmt 4703
Sfmt 4703
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.’’
Effective Date of Revocation
As stated in the Initiation and
Preliminary Results, 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.12 Absent any
comments from interested parties, the
Department continues to find that it is
appropriate to revoke the Order in part
retroactively to February 1, 2010, since
the Department has not completed an
administrative review of the Order for
the period February 1, 2010, through
January 31, 2011. Therefore, in
accordance with section 751(d)(3) of the
Act and section 351.222(g)(4) of the
Department’s regulations, the
Department will instruct U.S. Customs
and Border Protection (CBP) to (1)
terminate the suspension of liquidation
of all unliquidated entries of the three
types of SSBar from Japan described
above, entered, or withdrawn from
warehouse, for consumption on or after
February 1, 2010, and (2) liquidate such
entries without regard to antidumping
duties. The Department will further
instruct CBP to refund with interest any
estimated duties collected with respect
to unliquidated entries of the three
types of SSBar from Japan described
above, entered or withdrawn from
warehouse, for consumption on or after
February 1, 2010, in accordance with
section 778 of the Act and section
351.222(g)(4) of the Department’s
regulations.
12 See 77 FR at 31580 (citing 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; 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)).
E:\FR\FM\27JNN1.SGM
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Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Notices
Notification Regarding Administrative
Protective Order
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with section 351.306 of the
Department’s regulations. Timely
written notification of the return and/or
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 notice is published in
accordance with section 777(i)(1) of the
Act and sections 351.216(e) and
351.222(g)(3)(vii) of the Department’s
regulations.
Dated: June 20, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 2012–15759 Filed 6–26–12; 8:45 am]
BILLING CODE 3510–DS–P
Authority: 16 U.S.C. Sections 1431, et seq.
(Federal Domestic Assistance Catalog
Number 11.429 Marine Sanctuary Program)
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Dated: June 6, 2012.
Daniel J. Basta,
Director of National Marine Sanctuaries,
National Ocean Service, National Oceanic
and Atmospheric Administration.
Availability of Seats for the Florida
Keys National Marine Sanctuary
Advisory Council
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice and request for
applications.
AGENCY:
The ONMS is seeking
applications for the following positions
on the Florida Keys National Marine
Sanctuary Advisory Council: Citizen at
Large—Lower Keys (alternate), Citizen
at Large—Middle Keys (member),
Citizen at Large—Middle Keys
(alternate), Conservation and
Environment [2nd of 2] (member),
Conservation and Environment [2nd of
2] (alternate), Education and Outreach
(member), Education and Outreach
(alternate), Fishing—Commercial—
Shell/Scale (member), Fishing—
Commercial—Shell/Scale (alternate),
South Florida Ecosystem Restoration
(alternate), Submerged Cultural
Resources (member), Submerged
Cultural Resources (alternate),
Tourism—Upper Keys (member), and
Tourism—Upper Keys (alternate).
Applicants are chosen based upon their
particular expertise and experience in
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
19:05 Jun 26, 2012
Jkt 226001
relation to the seat for which they are
applying; community and professional
affiliations; philosophy regarding the
protection and management of marine
resources; and possibly the length of
residence in the area affected by the
sanctuary. Applicants who are chosen
as members should expect to serve
3-year terms, pursuant to the council’s
Charter.
DATES: Applications are due by July 31,
2012.
ADDRESSES: Application kits may be
obtained from Lilli Ferguson, Florida
Keys National Marine Sanctuary, 33
East Quay Rd., Key West, FL 33040.
Completed applications should be sent
to the same address.
FOR FURTHER INFORMATION CONTACT: Lilli
Ferguson, Florida Keys National Marine
Sanctuary, 33 East Quay Rd., Key West,
FL 33040; (305) 809–4700 x245;
Lilli.Ferguson@noaa.gov.
SUPPLEMENTARY INFORMATION: Per the
council’s Charter, if necessary, terms of
appointment may be changed to provide
for staggered expiration dates or
member resignation mid term.
[FR Doc. 2012–15653 Filed 6–26–12; 8:45 am]
BILLING CODE 3510–NK–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Science Advisory Board; Meeting
Office of Oceanic and
Atmospheric Research (OAR), National
Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice of open meeting.
AGENCY:
The Science Advisory Board
(SAB) was established by a Decision
Memorandum dated September 25,
1997, and is the only Federal Advisory
Committee with responsibility to advise
the Under Secretary of Commerce for
Oceans and Atmosphere on strategies
for research, education, and application
of science to operations and information
services. SAB activities and advice
provide necessary input to ensure that
National Oceanic and Atmospheric
Administration (NOAA) science
programs are of the highest quality and
SUMMARY:
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38273
provide optimal support to resource
management.
Time and Date: The meeting will be
held Monday, July 16, 2012 from 9 a.m.
to 5:30 p.m. and Tuesday, July 17, 2012
from 8:30 a.m. to 2:30 p.m. These times
and the agenda topics described below
are subject to change. Please refer to the
Web page https://www.sab.noaa.gov/
Meetings/meetings.html for the most upto-date meeting agenda.
Place: The meeting will be held at the
NOAA Pacific Marine Environmental
Laboratory, 7600 Sand Point Way NE.,
Seattle, Washington 98115.
Please check the SAB Web site
https://www.sab.noaa.gov for directions
to the meeting location.
Status: The meeting will be open to
public participation with a 15 minute
public comment period on July 16 at
5:15 p.m. (check Web site to confirm
time). The SAB expects that public
statements presented at its meetings will
not be repetitive of previously
submitted verbal or written statements.
In general, each individual or group
making a verbal presentation will be
limited to a total time of five (5)
minutes. Individuals or groups planning
to make a verbal presentation should
contact the SAB Executive Director by
July 9, 2012 to schedule their
presentation.
Written comments should be received
in the SAB Executive Director’s Office
by July 9, 2012 to provide sufficient
time for SAB review. Written comments
received by the SAB Executive Director
after July 9, 2012 will be distributed to
the SAB, but may not be reviewed prior
to the meeting date. Seating at the
meeting will be available on a firstcome, first-served basis.
Special Accommodations: These
meetings are physically accessible to
people with disabilities. Requests for
special accommodations may be
directed no later than 12 p.m. on July
9, 2012, to Dr. Cynthia Decker, SAB
Executive Director, SSMC3, Room
11230, 1315 East-West Hwy., Silver
Spring, MD 20910.
Matters to be Considered: The
meeting will include the following
topics: (1) Ocean Exploration Advisory
Working Group Report on Review of the
Ocean Exploration Program; (2) Update
from the SAB Research and
Development Portfolio Review Task
Force; (3) Update from the SAB Satellite
Task Force (4) Update on the NOAA
Response to SAB Report on Integrated
Ecosystem Assessments: Draft
Guidelines for Integrated Ecosystem
Assessments; (5) Update on Use of the
NOAA Logo; (7) Updates from SAB
Working Groups; (8) Science
Presentations from the NOAA Alaska
E:\FR\FM\27JNN1.SGM
27JNN1
]]>Agencies
[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Notices]
[Pages 38271-38273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15759]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-833]
Stainless Steel Bar From Japan: Final Results of Antidumping Duty
Changed-Circumstances Review, and Revocation of Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 29, 2012, the Department of Commerce (the Department)
published in the Federal Register a notice of initiation and
preliminary results of the antidumping duty changed-circumstances
review with intent to revoke in part the order on stainless steel bar
(SSBar) from Japan (the Order).\1\ In the Initiation and Preliminary
Results, we invited interested parties to comment on the preliminary
determinations to exclude three products under Grades 304 and 440C, as
described below, from the scope of the Order and to revoke the Order in
part retroactively to February 1, 2010. The Department received no
comments from interested parties. Therefore, the Department is revoking
the Order in part to exclude the three products described below in New
Scope Language, effective February 1, 2010.
---------------------------------------------------------------------------
\1\ See Stainless Steel Bar From Japan: Initiation and
Preliminary Results of Antidumping Duty Changed-Circumstances
Review, and Intent To Revoke Order in Part, 77 FR 31578 (May 29,
2012) (Initiation and Preliminary Results).
---------------------------------------------------------------------------
DATES: Effective Date: February 1, 2010.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen 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) 482-3683 or (202)
482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 1995, the Department published the Order.\2\ On
February 14, 2012, Suruga USA Corp. (Suruga) requested that the
Department conduct a changed-circumstances review of the Order.\3\ On
May 7, 2012, Suruga submitted revised product descriptions, as
described below, with respect to one product under Grade 304 and two
products under Grade 440C.\4\ Suruga stated that, although the form of
the descriptions was revised for ease of understanding, the products
described in its May 7, 2012 submission are identical to those in its
February 14, 2012 submission.\5\ On May 11, 2012, we received a
submission from the petitioners \6\ 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.\7\ On May 29, 2012, we published
the initiation and preliminary results of this changed-circumstances
review.\8\ As noted above, we gave interested parties an opportunity to
comment on the Initiation and Preliminary Results.\9\ We received no
comments from interested parties.
---------------------------------------------------------------------------
\2\ See Notices of Antidumping Duty Orders: Stainless Steel Bar
from Brazil, India, and Japan, 60 FR 9661 (February 21, 1995).
\3\ See generally Suruga's Letter to the Department, dated
February 14, 2012.
\4\ See Suruga's Letter to the Department, dated May 7, 2012 at
Attachment A.
\5\ See id. at 1 and Attachment A.
\6\ The petitioners are Carpenter Technology Corporation,
Crucible Industries LLC, Electralloy Corporation a Division of G.O.
Carlson Inc. Co., North American Stainless, Outokumpu Stainless Bar,
Inc., Universal Stainless & Alloy Products, Inc., and Valbruna
Slater Stainless, Inc.
\7\ See the petitioners' letter to the Department, dated May 11,
2012, at 1. The petitioners used the term ``virtually all'' in their
May 11, 2012, letter. See id. at 1-2. For the final results, the
Department continues to interpret the phrase ``virtually all'' as
fulfilling the ``substantially all'' threshold provided under
section 351.222(g)(1)(i) of the Department's regulations.
\8\ See generally Initiation and Preliminary Results.
\9\ See id. 77 FR at 31580.
---------------------------------------------------------------------------
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
[[Page 38272]]
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.\10\
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\10\ 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 (HTSUS).\11\ 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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\11\ 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. 71 FR 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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Final Results of Antidumping Duty Changed-Circumstances Review and
Revocation of the Order in Part
Pursuant to sections 751(d)(1) and 782(h)(2) of the Tariff Act of
1930 (the Act), as amended, the Department may revoke an antidumping
duty order in part after conducting a changed-circumstances review
under section 751(b) of the Act. Section 751(b)(1) requires a changed-
circumstances review to be conducted upon the receipt of a request
which shows changed-circumstances sufficient to warrant a review.
The affirmative statement of no interest by the petitioners
regarding the products, as described below in the New Scope Language
section, along with the fact that no other domestic interested party
commented on the Initiation and Preliminary Results, constitutes
sufficient support on the part of virtually all domestic producers of
like merchandise to warrant revocation of the Order in part. Therefore,
in accordance with sections 751(d)(1) and 782(h) of the Act and
sections 351.216(d) and 351.222(g)(1)(i) of the Department's
regulations, the Department is partially revoking the Order with regard
to the products meeting the specifications described below.
New Scope Language
As a result of the final results of this changed-circumstances
review, the Department will add the following language, as the
penultimate paragraph, to the scope of the Order: ``Furthermore,
effective for entries entered, or withdrawn for warehouse, for
consumption on or after February 1, 2010, the term does not include one
SSBar product under Grade 304 and two types of SSBar products under
Grade 440C. (1) The Grade 304 product meets the following descriptions:
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 meets the following descriptions:
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 meets the following descriptions: 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.''
Effective Date of Revocation
As stated in the Initiation and Preliminary Results, 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.\12\ Absent any comments
from interested parties, the Department continues to find that it is
appropriate to revoke the Order in part retroactively to February 1,
2010, since the Department has not completed an administrative review
of the Order for the period February 1, 2010, through January 31, 2011.
Therefore, in accordance with section 751(d)(3) of the Act and section
351.222(g)(4) of the Department's regulations, the Department will
instruct U.S. Customs and Border Protection (CBP) to (1) terminate the
suspension of liquidation of all unliquidated entries of the three
types of SSBar from Japan described above, entered, or withdrawn from
warehouse, for consumption on or after February 1, 2010, and (2)
liquidate such entries without regard to antidumping duties. The
Department will further instruct CBP to refund with interest any
estimated duties collected with respect to unliquidated entries of the
three types of SSBar from Japan described above, entered or withdrawn
from warehouse, for consumption on or after February 1, 2010, in
accordance with section 778 of the Act and section 351.222(g)(4) of the
Department's regulations.
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\12\ See 77 FR at 31580 (citing 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; 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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[[Page 38273]]
Notification Regarding Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with section 351.306 of the Department's regulations.
Timely written notification of the return and/or 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 notice is published in accordance with section 777(i)(1) of
the Act and sections 351.216(e) and 351.222(g)(3)(vii) of the
Department's regulations.
Dated: June 20, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-15759 Filed 6-26-12; 8:45 am]
BILLING CODE 3510-DS-P
