[Federal Register: August 4, 2005 (Volume 70, Number 149)]
[Notices]
[Page 44894-44896]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au05-29]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-814, A-412-818]
Certain Stainless Steel Sheet and Strip in Coils from France and
the United Kingdom; Final Results of Sunset Reviews and Revocation of
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 1, 2004, the Department of Commerce (``the
Department'') initiated its first sunset review of the antidumping duty
orders on certain stainless steel sheet and strip in coils from France
and the United Kingdom. See Initiation of Five-Year (``Sunset'')
Reviews, 69 FR 30874 (June 1, 2004) (``First Sunset Review''). Pursuant
to section 751(c) of the Tariff Act of 1930, as amended (``the Act''),
the International Trade Commission (``the ITC''), in its first sunset
review, determined that revocation of the antidumping duty orders on
stainless steel sheet and strip in coils from France and the United
Kingdom is not likely to lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time. Therefore, pursuant to section 751(d)(2) of the Act,
and section 351.222(i)(1)(iii) of the Department's regulations, the
Department is revoking the antidumping duty orders on certain stainless
steel sheet and strip in coils from France and the United Kingdom.
EFFECTIVE DATE: July 27, 2004.
FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or Dana Mermelstein,
AD/CVD Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5050 or (202) 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Orders
The products subject to these antidumping duty orders 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
(i.e., cold-rolled, polished, aluminized, coated, etc.) provided that
it maintains the specific dimensions of sheet and strip following such
processing. The merchandise subject to these orders is classified in
the Harmonized Tariff Schedule of the United States (HTSUS) at
subheadings: 7219.13.00.30, 7219.13.00.50, 7219.13.00.70,
7219.13.00.80, 7219.14.00.30, 7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20, 7219.32.00.25, 7219.32.00.35,
7219.32.00.36, 7219.32.00.38, 7219.32.00.42, 7219.32.00.44,
7219.33.00.05, 7219.33.00.20, 7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38, 7219.33.00.42, 7219.33.00.44,
7219.34.00.05, 7219.34.00.20, 7219.34.00.25, 7219.34.00.30,
7219.34.00.35, 7219.35.00.05, 7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80, 7220.12.10.00, 7220.12.50.00,
7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.20.70.05, 7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80, 7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and
7220.90.00.80.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the Department's written description of the
merchandise subject to these orders is dispositive.
Excluded from the scope of these orders 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 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 these orders. 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
[[Page 44895]]
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 these orders. 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.''\1\
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\1\ ``Arnokrome III'' is a trademark of the Arnold Engineering
Company.
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Certain electrical resistance alloy steel is also excluded from the
scope of these orders. 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.''\2\
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\2\ ``Gilphy 36'' is a trademark of Imphy, S.A.
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Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of these orders. 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''.\3\
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\3\ ``Durphynox 17'' is a trademark of Imphy, S.A.
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Finally, three specialty stainless steels typically used in certain
industrial blades and surgical and medical instruments are also
excluded from the scope of these orders. These include stainless steel
strip in coils used in the production of textile cutting tools (i.e.,
carpet knives).\4\ 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.''\5\ 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 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''.
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\4\ This list of uses is illustrative and provided for
descriptive purposes only.
\5\ GIN 4 Mo'', ``GIN5'' and ``GIN6'' are the proprietary grades
of Hitachi Metals America Ltd.
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Background
On July 27, 1999, the Department published in the Federal Register
antidumping duty orders on certain stainless steel sheet and strip in
coils from France and the United Kingdom. See Notice of Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order; Stainless Steel Sheet and Strip in Coils from France, 64 FR
40562 (July 27, 1999), and Notice of Antidumping Duty Order; Stainless
Steel Sheet and Strip in Coils from the United Kingdom, 64 FR 40555
(July 27, 1999). On June 1, 2004, the Department initiated, and the ITC
instituted, sunset reviews of the antidumping duty orders on certain
stainless steel sheet and strip in coils from France and the United
Kingdom. See First Sunset Review, and Stainless Steel Sheet and Strip
in Coils from France, Germany, Italy, Japan, Korea, Mexico, Taiwan, and
the United Kingdom, 69 FR 30958 (June 1, 2004). As a result of its
review, the Department found that revocation of the antidumping duty
orders would likely lead to continuation or recurrence of dumping, and
notified the ITC of the magnitude of the margin likely to prevail were
the orders to be revoked. See Final Result of Expedited Sunset Review
of Antidumping Duty Order, 69 FR 60357 (October 8, 2004), and Stainless
Steel Sheet and Strip in Coils from the Republic of Korea, Taiwan, and
the United Kingdom; Final Result of Expedited Sunset Review of
Antidumping Duty Orders, 69 FR 67892 (November 22, 2004). On July 18,
2005, the ITC determined, pursuant to section 751(c) of the Act, that
revocation of the antidumping duty orders on certain stainless steel
sheet and strip in coils from France and the United Kingdom would not
be likely to lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable time.
See USITC Publication 3788, Investigation Nos. 701-TA-381-382 and 731-
TA-797-804 (Review) (July 2005), and Certain Stainless Steel Sheet and
Strip in Coils from France, Germany, Italy, Japan, Korea, Mexico,
Taiwan, and the United Kingdom, 70 FR 41236 (July 18, 2005).
Determination
As a result of the determination by the ITC that revocation of
these antidumping duty orders is not likely to lead to continuation or
recurrence of material injury to an industry in the United States, the
Department, pursuant to section 751(d) of the Act, is revoking the
antidumping duty orders on certain stainless steel sheet and strip in
coils from France and the United Kingdom. Pursuant to section 751(d)(2)
and 19 CFR 351.222(i)(2)(i), the effective date of revocation is July
27, 2004 (i.e., the fifth anniversary of the date of publication in the
Federal Register of the order).
The Department will notify U.S. Customs and Border Protection
(``CBP'') to discontinue suspension of liquidation and collection of
cash deposits on entries of the subject merchandise entered or
withdrawn from warehouse
[[Page 44896]]
on or after July 27, 2004, the effective date of revocation of these
orders. The Department will complete any pending administrative reviews
of these orders and will conduct administrative reviews of subject
merchandise entered prior to the effective date of revocation in
response to appropriately filed requests for review.
This five-year sunset review and notice are in accordance with
section 751(d)(2) and published pursuant to section 777(i)(1) of the
Act.
Dated: July 28, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4174 Filed 8-3-05; 8:45 am]