Antidumping: Stainless steel sheet and strip in coils from France,
[Federal Register: February 11, 2005 (Volume 70, Number 28)]
[Notices]
[Page 7240-7243]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe05-36]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-814]
Stainless Steel Sheet and Strip in Coils From France: Final Results of Antidumping Administrative Review
AGENCY: Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: On August 6, 2004, the Department of Commerce (Department) published the preliminary results of its administrative review of the antidumping duty order on certain stainless steel sheet and strip in coils (SSSS) from France. See Stainless Steel Sheet and Strip in Coils from France, 69 FR 47892 (August 6, 2004) (Preliminary Results). This review covers all shipments of this merchandise to the United States during the period from July 1, 2002, through June 30, 2003 by Ugine & ALZ France, S.A. (UA France). We gave interested parties an opportunity to comment on the Preliminary Results. Based on our analysis of the comments received, we have made changes to the Preliminary Results. For the final dumping margins, see the ``Final Results of Review'' section below.
EFFECTIVE DATE: February 11, 2005.
FOR FURTHER INFORMATION CONTACT: Sebastian Wright or Sean Carey at (202) 482-5254 and (202) 482-3964, respectively; AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2004, the Department published the Preliminary Results where we determined that U.S. sales had been made below normal value (NV). We invited parties to comment on our Preliminary Results. On September 7, 2004, UA France and Petitioners \1\ filed comments on our Preliminary Results. On September 13, 2004, UA France and Petitioners filed rebuttal comments. Neither party requested a hearing. The Department has now completed this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).
\1\ Allegheny Ludlum Corporation, AK Steel, Inc., North American Stainless, United Steelworkers of America, AFL-CIO/CLC, Butler Armco Independent Union, and Zanesville Armco Independent Organization are the Petitioners in the case.
Scope of the Antidumping Duty Order
For purposes of this administrative review, the products covered by the order are certain stainless steel sheet and strip in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat-rolled product in coils that is greater than 9.5 mm in width and less than 4.75 mm in thickness, and that is annealed or otherwise heat treated and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold-rolled, polished, aluminized, coated, etc.) provided that it maintains the specific dimensions of sheet and strip following such processing.
The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (``HTS'') at subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81 \2\ 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035,
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7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTS subheadings are provided for convenience and customs purposes, the Department's written description of the merchandise under review is dispositive.
\2\ Due to changes to the HTS numbers in 2001, 7219.13.0030, 7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031, 7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively.
Excluded from the review of this order are the following: (1) Sheet and strip that is not annealed or otherwise heat treated and pickled or otherwise descaled, (2) sheet and strip that is cut to length, (3) plate (i.e., flat-rolled stainless steel products of a thickness of 4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a prepared edge, rectangular in shape, of a width of not more than 9.5 mm), and (5) razor blade steel. Razor blade steel is a flat-rolled product of stainless steel, not further worked than cold-rolled (cold- reduced), in coils, of a width of not more than 23 mm and a thickness of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent chromium, and certified at the time of entry to be used in the manufacture of razor blades. See Chapter 72 of the HTS, ``Additional U.S. Note'' 1(d).
Flapper valve steel is also excluded from the scope of the order. This product is defined as stainless steel strip in coils containing, by weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35 percent molybdenum, and between 0.20 and 0.80 percent manganese. This steel also contains, by weight, phosphorus of 0.025 percent or less, silicon of between 0.20 and 0.50 percent, and sulfur of 0.020 percent or less. The product is manufactured by means of vacuum arc remelting, with inclusion controls for sulphide of no more than 0.04 percent and for oxide of no more than 0.05 percent. Flapper valve steel has a tensile strength of between 210 and 300 ksi, yield strength of between 170 and 270 ksi, plus or minus 8 ksi, and a hardness (Hv) of between 460 and 590. Flapper valve steel is most commonly used to produce specialty flapper valves in compressors.
Also excluded is a product referred to as suspension foil, a specialty steel product used in the manufacture of suspension assemblies for computer disk drives. Suspension foil is described as 302/304 grade or 202 grade stainless steel of a thickness between 14 and 127 microns, with a thickness tolerance of plus-or-minus 2.01 microns, and surface glossiness of 200 to 700 percent Gs. Suspension foil must be supplied in coil widths of not more than 407 mm, and with a mass of 225 kg or less. Roll marks may only be visible on one side, with no scratches of measurable depth. The material must exhibit residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm over 685 mm length.
Certain stainless steel foil for automotive catalytic converters is also excluded from the scope of this order. This stainless steel strip in coils is a specialty foil with a thickness of between 20 and 110 microns used to produce a metallic substrate with a honeycomb structure for use in automotive catalytic converters. The steel contains, by weight, carbon of no more than 0.030 percent, silicon of no more than 1.0 percent, manganese of no more than 1.0 percent, chromium of between 19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of no more than 0.045 percent, sulfur of no more than 0.03 percent, lanthanum of less than 0.002 or greater than 0.05 percent, and total rare earth elements of more than 0.06 percent, with the balance iron.
Permanent magnet iron-chromium-cobalt alloy stainless strip is also excluded from the scope of this order. This ductile stainless steel strip contains, by weight, 26 to 30 percent chromium, and 7 to 10 percent cobalt, with the remainder of iron, in widths 228.6 mm or less, and a thickness between 0.127 and 1.270 mm. It exhibits magnetic remanence between 9,000 and 12,000 gauss, and a coercivity of between 50 and 300 oersteds. This product is most commonly used in electronic sensors and is currently available under proprietary trade names such as ``Arnokrome III.'' \3\
\3\ ``Arnokrome III'' is a trademark of the Arnold Engineering Company.
Certain electrical resistance alloy steel is also excluded from the scope of this order. This product is defined as a non-magnetic stainless steel manufactured to American Society of Testing and Materials (ASTM) specification B344 and containing, by weight, 36 percent nickel, 18 percent chromium, and 46 percent iron, and is most notable for its resistance to high temperature corrosion. It has a melting point of 1390 degrees Celsius and displays a creep rupture limit of 4 kilograms per square millimeter at 1000 degrees Celsius. This steel is most commonly used in the production of heating ribbons for circuit breakers and industrial furnaces, and in rheostats for railway locomotives. The product is currently available under proprietary trade names such as ``Gilphy 36.'' \4\
\4\ ``Gilphy 36'' is a trademark of Imphy, S.A.
Certain martensitic precipitation-hardenable stainless steel is also excluded from the scope of this order. This high-strength, ductile stainless steel product is designated under the Unified Numbering System (UNS) as S45500-grade steel, and contains, by weight, 11 to 13 percent chromium, and 7 to 10 percent nickel. Carbon, manganese, silicon and molybdenum each comprise, by weight, 0.05 percent or less, with phosphorus and sulfur each comprising, by weight, 0.03 percent or less. This steel has copper, niobium, and titanium added to achieve aging, and will exhibit yield strengths as high as 1700 Mpa and ultimate tensile strengths as high as 1750 Mpa after aging, with elongation percentages of 3 percent or less in 50 mm. It is generally provided in thicknesses between 0.635 and 0.787 mm, and in widths of 25.4 mm. This product is most commonly used in the manufacture of television tubes and is currently available under proprietary trade names such as ``Durphynox 17.'' \5\
\5\ ``Durphynox 17'' is a trademark of Imphy, S.A.
Finally, three specialty stainless steels typically used in certain industrial blades and surgical and medical instruments are also excluded from the scope of this order. These include stainless steel strip in coils used in the production of textile cutting tools (e.g., carpet knives).\6\ This steel is similar to AISI grade 420 but containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of 0.020 percent or less, and includes between 0.20 and 0.30 percent copper and between 0.20 and 0.50 percent cobalt. This steel is sold under proprietary names such as ``GIN4 Mo.'' The second excluded stainless steel strip in coils is similar to AISI 420-J2 and contains, by weight, carbon of between 0.62 and 0.70 percent, silicon of between 0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent, phosphorus of no more than 0.025 percent and sulfur of no more than 0.020 percent. This steel has a carbide density on average of 100 carbide particles per 100 square microns. An example of this product is ``GIN5'' steel. The third specialty steel
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has a chemical composition similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent, molybdenum of between 1.15 and 1.35 percent, but lower manganese of between 0.20 and 0.80 percent, phosphorus of no more than 0.025 percent, silicon of between 0.20 and 0.50 percent, and sulfur of no more than 0.020 percent. This product is supplied with a hardness of more than Hv 500 guaranteed after customer processing, and is supplied as, for example, ``GIN6''.\7\
\6\ This list of uses is illustrative and provided for descriptive purposes only.
\7\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary grades of Hitachi Metals America, Ltd.
Country of Origin
In the Preliminary Results, we examined whether certain sales of SSSS should be excluded from the scope of this order because the SSSS was hot-rolled in Belgium and then annealed and pickled in France, but not further cold-rolled in France. UA France contends that this material, which it designated HRAP, is not within the scope of the order in this case because it is deemed to be of Belgian origin pursuant to the Department's findings in Stainless Steel Sheet and Strip in Coils from the U.K. See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Sheet and Strip in Coils from the U.K., 64 FR 30688 (June 9, 1999) at Comment 13. In the Preliminary Results, we agreed with UA France and concluded that the material was of Belgian origin. See Preliminary Results.
Additionally, in the Preliminary Results, we stated that we would continue to analyze the record evidence and the arguments raised by the parties on this issue for the purposes of the final results. Neither party commented on this issue in their brief or rebuttal brief in this case. However, the parties to this case are also parties in another case before the Department in which this issue is also present. See Stainless Steel Plate in Coils from Belgium: Final Results of Antidumping Duty Administrative Review, 69 FR 74495 (December 14, 2004) and accompanying Issues and Decision Memorandum at Comment 4 (SSPC from Belgium).
In SSPC from Belgium, after consideration of parties' comments, we concluded that the material hot-rolled in Germany but not further cold- rolled in Belgium was of German origin. Id. Therefore, in accordance with the Department's finding in SSPC from Belgium, we continue to find, as we did in the Preliminary Results, that the SSSS which is hot- rolled in Belgium, but not further cold-rolled in France is of Belgian origin.
Analysis of Comments Received
All the issues raised in the case and rebuttal briefs by the parties to this administrative review are addressed in the Issues and Decision Memorandum from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration: Issues and Decision Memorandum for the Final Results of the Fourth Administrative Review of Stainless Steel Sheet and Strip in Coils from France, dated February 2, 2005 (Decision Memo), which is hereby adopted by this notice.
A list of the issues which parties have raised and to which we have responded, all of which are addressed in the Decision Memo, is attached to this notice as an appendix. Parties can find a complete discussion of all the issues raised in this review and the corresponding recommendations in the Decision Memo, which is on file in the Central Records Unit, 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. The paper copy and the electronic version
of the Decision Memo are identical in content.
Based on our analysis of the comments received, we have made certain changes in the margin calculations for UA France. We have also addressed the alleged ministerial errors submitted in the briefs. For further details, see the Decision Memo and the Memorandum to the File from Sebastian Wright to Sean Carey: Analysis Memorandum for Ugine & ALZ France, S.A. for the Final Results of the Fourth Antidumping Duty Administrative Review of Stainless Steel Sheet and Strip in Coils from France, (February 2, 2005) (Analysis Memo).
Final Results of Review
As a result of our review, we determine the antidumping margin for UA France to be as follows:
Margin Manufacturer/exporter
(percent)
Ugine & ALZ France, S.A. (UA France)......................
9.65
Duty Assessment
The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. Pursuant to section 351.212(b) of the Department's regulations, an assessment rate is calculated for each importer of the subject merchandise for each respondent. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the final results of review.
Cash Deposit Requirements
The following antidumping duty deposit rates will be required on all shipments of SSSS from France entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided for by section 751(a)(1) of the Act: (1) For UA France, the cash deposit rate will be the rate indicated above; (2) for previously reviewed or investigated companies other than UA France, the cash deposit rate will be the company-specific rate established for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered by this review, a prior review, or the LTFV investigation, the cash deposit rate shall be the ``all others'' rate established in the LTFV investigation, which is 9.38 percent ad valorem. See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Sheet and Strip in Coils from France, 64 FR 30820 (June 8, 1999). These deposit rates, when imposed, shall remain in effect until publication of the final results of the next administrative review.
Notification to Importers
This notice also serves as a final reminder to importers of their responsibility under section 351.402(f)(2) of the Department's regulations 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 doubled antidumping duties, pursuant to section 351.402(f)(3) of the Department's regulations.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with section 351.305 of the Department's regulations. Timely
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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 administrative review and notice are in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 2, 2005. Barbara E. Tillman, Acting Assistant Secretary for Import Administration.
APPENDIX
List of Issues
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Constructed Export Price (CEP) Offset 2. Date of Sale for Certain Home-Market Sales 3. Credit Expenses 4. Application of Adverse Facts Available for Sales to Bernier 5. Offsetting Margins with Above-Normal-Value Transactions 6. Offsetting Home-Market Commissions 7. Further Manufacturing Adjustments 8. Ministerial Errors: Interest Expenses, Home-Market Warranty Expenses, and Commission Expenses
[FR Doc. E5-576 Filed 2-10-05; 8:45 am]
