Stainless Steel Bar From India: Final Results of the Antidumping Duty Administrative Review, 39467-39468 [2012-16329]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Notices]
[Pages 39467-39468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16329]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-810]


Stainless Steel Bar From India: Final Results of the Antidumping 
Duty Administrative Review

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

SUMMARY: On March 6, 2012, the Department of Commerce (Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on stainless steel bar from India. The review 
covers shipments of subject merchandise to the United States for the 
period February 1, 2010, through January 31, 2011, by Mukand Ltd. 
(Mukand) and Chandan Steel Limited (Chandan). The final results do not 
differ from the preliminary results. The final dumping margins are 
listed in the ``Final Results of the Review'' section below.

DATES: Effective Date: July 3, 2012.

FOR FURTHER INFORMATION CONTACT: Joseph Shuler or Yasmin Nair, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington DC 20230; telephone (202) 482-1293, 
or (202) 482-3813, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 6, 2012, the Department published Stainless Steel Bar From 
India: Preliminary Results and Partial Rescission of the Antidumping 
Duty Administrative Review, 77 FR 13270 (March 6, 2012) (Preliminary 
Results).
    We invited parties to comment on the Preliminary Results. On May 4, 
2012, we received case briefs from Mukand and Chandan. On May 9, 2012, 
we received Petitioners' rebuttal brief.\1\
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    \1\ Carpenter Technology Corp.; Electralloy Co., (a division of 
G.O. Carlson, Inc.); Outokumpu Stainless Bar, Inc.; Universal 
Stainless & Alloy Products, Inc.; and Valbruna Slater Stainless, 
Inc. (collectively, Petitioners).
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Scope of the Order

    Imports covered by the order are shipments of stainless steel bar. 
Stainless steel bar 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. Stainless steel bar 
includes cold-finished stainless steel bars 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-to-length flat-rolled products (i.e., 
cut-to-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.
    The stainless steel bar subject to this review is currently 
classifiable under subheadings 7222.10.00, 7222.11.00, 7222.19.00, 
7222.20.00, 7222.30.00 of the Harmonized Tariff Schedule of the United 
States (HTSUS). Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of the order is dispositive.

Analysis of Comments Received

    All issues raised in the case briefs are addressed in the ``Issues 
and Decision Memorandum for the 2010-2011 Administrative Review of 
Stainless Steel Bar from India'' (Issues and Decision Memorandum), 
which is dated concurrently with and hereby adopted by this notice. A 
list of the issues which parties raised and to which we responded in 
the Issues and Decision Memorandum is attached to this notice as an 
Appendix. The Issues and Decision Memorandum is a public document which 
is on file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available in the Central Records Unit (CRU), 
Room 7046 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the Internet at https://www.trade.gov/ia/. The signed Issues 
and Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.

[[Page 39468]]

Final Results of the Review

    We determine that the following weighted-average dumping margins 
exist for Mukand and Chandan for the period February 1, 2010, through 
January 31, 2011.

------------------------------------------------------------------------
                                                                 Margin
                    Exporter/manufacturer                      (percent)
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Mukand, Ltd..................................................      30.92
Chandan Steel Limited........................................      30.92
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    Our normal practice for the rate applicable to non-reviewed 
respondents is to base this rate on the margins calculated for those 
companies that were selected for individual review, excluding de 
minimis margins or margins based entirely on adverse facts 
available.\2\ In this review, we only have a single calculated margin 
for the company selected for individual review, namely, Mukand. 
Accordingly, we determine that the most appropriate margin available 
for us to use for the non-selected company in this review, Chandan, is 
the margin calculated for Mukand. Therefore, the margin we have 
assigned to Chandan for the final results of this administrative review 
is 30.92 percent. See Certain Lined Paper Products from India: Notice 
of Final Results of Antidumping Duty Administrative Review, 75 FR 7563 
(February 22, 2010). This margin will apply to Chandan as both its 
assessment rate for this period of review (POR) and its cash deposit 
rate.
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    \2\ See Issues and Decision Memorandum for a discussion of 
Chandan's rate.
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Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212(b)(1). The Department 
intends to issue appropriate assessment instructions for the companies 
subject to this review to CBP 15 days after the date of publication of 
these final results.
    Mukand reported that it was the importer of record for all of its 
U.S. sales of subject merchandise. Pursuant to 19 CFR 351.212(b)(1), we 
have calculated importer-specific assessment rates based on the ratio 
of the total amount of antidumping duties calculated for the examined 
sales to the total entered value of those sales.
    To determine whether the duty assessment rates were de minimis 
(i.e., less than 0.50 percent) in accordance with the requirement set 
forth in 19 CFR 351.106(c)(2), we calculated importer-specific ad 
valorem rates based on reported and estimated entered values (when no 
entered value was reported). Where the assessment rate is above de 
minimis, we will instruct CBP to assess duties on all entries of 
subject merchandise by that importer. Pursuant to 19 CFR 351.106(c)(2), 
we will instruct CBP to liquidate without regard to antidumping duties 
any entries for which the assessment rate is de minimis.
    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) (Assessment 
Policy Notice). This clarification will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
their merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate un-reviewed entries at the 
all-others rate established in the less-than-fair-value (LTFV) 
investigation if there is no rate for the intermediate company(ies) 
involved in the transaction. See Assessment Policy Notice.

Cash Deposit Requirements

    The following deposit rates will be effective upon publication of 
the final results of this administrative review for all shipments of 
stainless steel bar from India entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For companies covered by this 
review, the cash deposit rate will be the rates listed above; (2) for 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent final results in which that manufacturer 
or exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original LTFV investigation, but 
the producer is, the cash deposit rate will be the rate established for 
the most recent final results for the manufacturer of the merchandise; 
and (4) if neither the exporter nor the producer is a firm covered in 
this or any previous review conducted by the Department, the cash 
deposit rate will be 12.45 percent, the ``all others'' rate established 
in the LTFV investigation. See Notice of Final Determination of Sales 
at Less Than Fair Value: Stainless Steel Bar from India, 59 FR 66915 
(December 28, 1994). These cash deposit requirements, when imposed, 
shall remain in effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 26, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Comment 1: Whether to Use Zeroing Methodology in this Administrative 
Review
Comment 2: Whether the Department Should Have Selected Chandan as a 
Mandatory Respondent

[FR Doc. 2012-16329 Filed 7-2-12; 8:45 am]
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