[Federal Register: August 6, 2007 (Volume 72, Number 150)]
[Notices]
[Page 43598-43600]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au07-33]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-412-822
Stainless Steel Bar from the United Kingdom: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 30, 2007, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on stainless steel bar (SSB) from the United
Kingdom. See Stainless Steel Bar from the United Kingdom: Preliminary
Results of Antidumping Duty Administrative Review, 72 FR 15106 (March
30, 2007) (Preliminary Results). This review covers one producer/
exporter of the subject merchandise to the United States. The period of
review (POR) is March 1, 2005, through February 28, 2006.
Based on our analysis of the comments received, we have made
certain changes in the margin calculations. Therefore, the final
results differ from the preliminary results. The final weighted-average
dumping margin for the reviewed firm is listed below in the section
entitled ``Final Results of Review.'' In addition, the Department
received information sufficient to warrant a successor-in-interest
analysis in this administrative review. Based on this information, we
determine that Enpar is the successor-in-interest to Firth Rixson
Special Steels Ltd. for purposes of determining antidumping duty
liability.
EFFECTIVE DATE: August 6, 2007.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, AD/
CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC, 20230; telephone (202) 482-
4929 and (202) 482-4007, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers one producer/exporter, Enpar Special Alloys
Limited (formerly Firth Rixson Special Steels) (Enpar). On March 30,
2007, the Department published in the Federal Register the preliminary
results of administrative review of the antidumping duty order on SSB
from the United Kingdom. See Preliminary Results.
We invited parties to comment on our preliminary results of review.
On April 27, 2007, we received case briefs from Enpar and Sandvik
Bioline, a producer of SSB from the United Kingdom. We received a
rebuttal brief from the petitioners (i.e., Carpenter Technology
Corporation, Valbruna Slater Stainless, Inc., and Electralloy
Corporation, a division of G.O. Carlson, Inc.) on May 2, 2007. On April
30, 2007, Enpar requested that the Department conduct a public hearing,
but withdrew its hearing request on June 4, 2007. A meeting was held
with Enpar's counsel on June 20, 2007, to discuss issues raised in
Enpar's case brief.
The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Scope of the Order
For purposes of this order, the term ``stainless steel bar''
includes 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 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), products that have been cut from stainless
steel sheet, strip or plate, 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
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products), and angles, shapes and sections.
The stainless steel bar subject to this order is currently
classifiable under subheadings 7222.11.00.05, 7222.11.00.50,
7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45,
7222.20.00.75, and 7222.30.00.00 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 scope of this order is dispositive.
Successor-In-Interest Analysis
We preliminarily determined that Enpar is the successor-in-interest
to Firth Rixson Special Steels Ltd. Enpar explained in its
questionnaire response that Firth Rixson Special Steels Ltd. was a
subsidiary of the U.K.-based Firth Rixson Ltd. Firth Rixson Special
Steels Ltd. and two other subsidiaries of the U.K.-based Firth Rixson
Ltd., T.W. Pearson and Enpar, were combined in 2003 to form Enpar.
Enpar has the same company registration number as that of Firth Rixson
Special Steels Ltd., the registered office is the same for both
companies, and three of Enpar's four directors were also directors of
Firth Rixson Special Steels Ltd. We confirmed at verification that
Enpar's business structure is the same as that of Firth Rixson Special
Steels Ltd. Although certain upgrades have been made to the production
facility, the supplier and customer bases and relationships remain the
same. The only real change is the name of the subsidiary. Accordingly,
we preliminarily found that Enpar should receive the same antidumping
duty treatment with respect to SSB as the former Firth Rixson Special
Steels Ltd.
Since the Preliminary Results, no party to this proceeding has
commented on this issue and we have found no additional information
that would compel us to reverse our preliminary finding. Thus, for
purposes of these final results, we continue to find that Enpar is the
successor-in-interest to Firth Rixson Special Steels Ltd. for purposes
of determining antidumping duty liability.
Period of Review
The POR is March 1, 2005, through February 28, 2006.
Cost of Production
As discussed in the Preliminary Results, we conducted an
investigation to determine whether Enpar made home market sales of the
foreign like product during the POR at prices below its costs of
production (COP) within the meaning of section 773(b)(1) of the Act. We
performed the cost test for these final results following the same
methodology as in the Preliminary Results, except as discussed in the
Issues and Decision Memorandum accompanying this notice (the Decision
Memo).
As a result of our cost test, we found 20 percent or more of
Enpar's sales of a given product during the reporting period were at
prices less than the weighted-average COP for this period. Thus, we
determined that these below-cost sales were made in ``substantial
quantities'' within an extended period of time and at prices which did
not permit the recovery of all costs within a reasonable period of time
in the normal course of trade. See sections 773(b)(2)(B) - (D) of the
Act. Therefore, for purposes of these final results, we found that
Enpar made below-cost sales not in the ordinary course of trade.
Consequently, we disregarded these sales and used the remaining sales
as the basis for determining normal value pursuant to section 773(b)(1)
of the Act.
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review, and to which we have responded, are listed in
the Appendix to this notice and addressed in the Decision Memo, which
is adopted by this notice. 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 the Central Records
Unit, room B-099, of the main Department building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov/frn/. The paper
copy and electronic version of the Decision Memo are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
certain changes in the margin calculations. These changes are discussed
in the relevant sections of the Decision Memo.
Final Results of Review
We determine that the following weighted-average margin percentage
exists for the period March 1, 2005, through February 28, 2006:
------------------------------------------------------------------------
Percent
Manufacturer/Exporter Margin
------------------------------------------------------------------------
Enpar Special Alloys Ltd. (formerly Firth Rixson Special 34.35
Steels)....................................................
------------------------------------------------------------------------
Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries, in accordance with 19 CFR
351.212(b). The Department will issue assessment instructions directly
to CBP 15 days after the date of publication of these final results of
review. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review if any importer-specific assessment rate calculated in the final
results of this review is above de minimis (i.e., is not less than 0.50
percent). We calculated importer-specific ad valorem duty assessment
rates based on the ratio of the total amount of antidumping duties
calculated for the examined sales to the total entered value of the
examined sales for that importer.
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 the company included in these
final results of review for which the reviewed company did not know
that the merchandise it sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the ``All Others'' rate if there is no rate for the intermediary
involved in the transaction. See Assessment Policy Notice for a full
discussion of this clarification.
Cash Deposit Requirements
Further, the following deposit requirements will be effective for
all shipments of SSB from the United Kingdom entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: 1) the cash deposit rates for the reviewed
company will be the rate shown above; 2) for previously investigated
companies not listed above, the cash deposit rate will continue to be
the company-specific rate published for the most recent period; 3) if
the exporter is not a firm covered in this review, or the original
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and 4) the cash
[[Page 43600]]
deposit rate for all other manufacturers or exporters will be 83.85
percent, the all-others rate established in the Implementation of the
Findings of the WTO Panel in US--Zeroing (EC): Notice of Determinations
Under Section 129 of the Uruguay Round Agreements Act and Revocations
and Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261
(May 4, 2007). These deposit requirements 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 to Interested Parties
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.
We are issuing and publishing these final results of review in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 30, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
Appendix - Issues in Decision Memorandum
Issues
1. Average vs. Specific Material Costs
2. Calculation of Conversion Costs
3. Calculation of the All-Others Rate
[FR Doc. E7-15204 Filed 8-3-07; 8:45 am]
BILLING CODE 3510-DS-S