Antidumping and countervailing duties: Five year (sunset) reviews— Final results and revocations,

[Federal Register: December 10, 2003 (Volume 68, Number 237)]

[Notices]

[Page 68866-68868]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10de03-41]

DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-807]

Stainless Steel Wire Rod from Spain; Final Results of Expedited Sunset Review of Antidumping Duty Order

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

ACTION: Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order on Stainless Steel Wire Rod from Spain.

[[Page 68867]]

SUMMARY: On August 1, 2003, the Department of Commerce (``the Department'') published the notice of initiation of a sunset review of the antidumping duty order on stainless steel wire rod (``SSWR'') from Spain.\1\ On the basis of notice of intent to participate and adequate substantive comments filed on behalf of domestic interested parties and inadequate response (in this case, no response) from respondent interested parties, we have determined to conduct an expedited sunset review. Based on our analysis of the comments received, we find that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping at the levels listed below in the section entitled Final Results of Review.

\1\ Initiation of Five-Year (Sunset) Reviews, 68 FR 45219 (August 1, 2003).

EFFECTIVE DATE: December 10, 2003.

FOR FURTHER INFORMATION CONTACT: Martha Douthit, Office of Policy for Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

Background

On August 1, 2003, the Department published the notice of initiation of the sunset review of the antidumping duty order on SSWR from Spain. See Initiation of Five-Year (Sunset) Reviews, 68 FR 45219 (August 1, 2003), in accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On August 15, 2003, the Department received a Notice of Intent to Participate on behalf of a domestic interested party, Carpenter Technology Corporation (``Carpenter Technology''), within the deadline specified in section 351.218(d)(1)(i) of the Sunset Policy Bulletin. Carpenter Technology claimed interested party status under section 771(9)(C) of the Act, as a U.S. producer of SSWR. Carpenter Technology states that it has been involved in this proceeding since its inception and remain committed to full participation in this sunset review.

We received a complete substantive response from Carpenter Technology on September 2, 2003, within the 30-day deadline specified in the Sunset Regulations under section 351.218(d)(3)(i). We did not receive a substantive response from any respondent interested parties to this proceeding. As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C) of the Sunset Regulations, the Department determined to conduct an expedited, i.e., 120-day, review of this order.

This review covers imports from all known manufacturers and exporters of SSWR from Spain.

Scope of Review

SSWR comprises products that are hot-rolled or hot-rolled annealed and/or pickled and/or

descaled rounds, squares, octagons, hexagons or other shapes, in coils, that may also be coated with a lubricant containing copper, lime or oxalate. SSWR is made of alloy steels containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. These products are manufactured only by hot- rolling or hot-rolling, annealing, and/or pickling and/or descaling, are normally sold in coiled form, and are of solid cross-section. The majority of SSWR sold in the United States is round in cross-sectional shape, annealed and pickled, and later cold-finished into stainless steel wire or small-diameter bar.

The most common size for such products is 5.5 millimeters or 0.217 inches in diameter, which represents the smallest size that normally is produced on a rolling mill and is the size that most wire-drawing machines are set up to draw. The range of SSWR sizes normally sold in the United States is between 0.20 inches and 1.312 inches diameter. Two stainless steel grades, SF20T and K-M35FL, are excluded from the scope of this review. The chemical makeup for the excluded grades is as follows:

SF20T

Carbon--0.05 max Manganese--2.00 max Phosphorous--0.05 max Sulfur--0.15 max Silicon--1.00 max Chromium--19.00/21.00 Molybdenum--1.50/2.50 Lead--added (0.10/0.30)

K-M35FL

Carbon--0.015 maxSilicon--0.70/1.00 Manganese--0.40 max Phosphorous--0.04 max Sulfur--0.03 max Nickel--0.30 max Chromium--12.50/14.00 Lead--0.10/0.30 Aluminum--0.20/0.35

The products subject to this antidumping duty order are currently classifiable under subheadings 7221.00.0005, 7221.00.0015, 7221.00.0030, 7221.00.0045, and 7221.00.0075 of the Harmonized Tariff Schedule of the United States (``HTSUS''). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

Analysis of Comments Received

All issues raised in this case by parties to this sunset review are addressed in the ``Issues and Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen, Acting Director, Office of Policy, Import Administration, to James J. Jochum, Assistant Secretary for Import Administration, dated December 1, 2003, which is hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail were the order revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in room B-099 of the main Commerce Building.

In addition, a complete version of the Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/sunset, under the heading ``December 2003.'' The paper copy and electronic version of the Decision Memorandum are identical in content.

Final Results of Review

We determine that revocation of the antidumping duty on SSWR from Spain would be likely to lead to continuation or recurrence of dumping at the following percentage weighted-average margins:

Manufacturers/producers/exporters

Weighted-[chyph]Average[chyph]Margin[chyph]Percentage

Roldan, S.A...........................................

4.73 All Others............................................

4.73

[[Page 68868]]

This notice also serves as the only reminder to parties subject to administrative protective orders (``APO'') of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305 of the Department's regulations. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

We are issuing and publishing this results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act.

Dated: December 1, 2003. James J. Jochum, Assistant Secretary for Import Administration.

[FR Doc. 03-30630 Filed 12-9-03; 8:45 am]