[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Notices]
[Pages 76700-76703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30986]
[[Page 76700]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-831]
Stainless Steel Sheet and Strip in Coils From Taiwan: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: On August 13, 2010, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on stainless steel sheet and strip
in coils (SSSSC) from Taiwan. This review covers twenty producers/
exporters of the subject merchandise to the United States. The period
of review (POR) is July 1, 2008, through June 30, 2009.
Based on our analysis of the comments received, we have made no
changes in the margin calculations. Therefore, the final results do not
differ from the preliminary results. The final weighted-average dumping
margin for the reviewed firms are listed below in the section entitled
``Final Results of Review.''
DATES: Effective Date: December 9, 2010.
FOR FURTHER INFORMATION CONTACT: Henry Almond, 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) 482-0049.
SUPPLEMENTARY INFORMATION:
Background
This review covers twenty producers/exporters. The Department
selected Chia Far Industrial Factory Co., Ltd. (Chia Far) as the only
respondent for individual examination in this administrative review.
On August 13, 2010, the Department published in the Federal
Register the preliminary results of administrative review of the
antidumping duty order on SSSSC from Taiwan. See Stainless Steel Sheet
and Strip in Coils From Taiwan: Preliminary Results and Rescission in
Part of Antidumping Duty Administrative Review, 75 FR 49467 (Aug. 13,
2010) (Preliminary Results).
We invited parties to comment on our preliminary results of review.
On September 2, 2010, and September 13, 2010, we received new factual
information and a case brief, respectively, from Yieh United Steel
Corporation (YUSCO). On September 23, 2010, we rejected YUSCO's new
factual information as being untimely filed. On October 4, 2010, YUSCO
requested that we reconsider our decision to reject its September 2,
2010, submission. On October 5, 2010, we declined to reconsider our
decision. No other parties commented on our Preliminary Results.
The Department has conducted this administrative review in
accordance with section 751 of Tariff Act of 1930, as amended (the
Act).
Scope of the Order
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 the order is classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings:
7219.13.00.31, 7219.13.00.51, 7219.13.00.71, 7219.13.00.81,
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 under
the order is dispositive.
Excluded from the scope of the 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 HTSUS, ``Additional
U.S. Note'' 1(d).
Also excluded from the scope of the order are certain specialty
stainless steel products described below. 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
[[Page 76701]]
excluded from the scope of the 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 the 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.\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 the order. This product is defined as a non-magnetic stainless
steel manufactured to American Society of Testing and Materials
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
1,390 degrees Celsius and displays a creep rupture limit of 4 kilograms
per square millimeter at 1,000 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 the order. This high-strength, ductile
stainless steel product is designated under the Unified Numbering
System 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 1,700 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 the order. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
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. 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.\5\
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\4\ This list of uses is illustrated and provided for
descriptive purposes only.
\5\ GIN4 Mo, GIN5 and GIN6 are the proprietary grades of Hitachi
Metals America, Ltd.
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Period of Review
The POR is July 1, 2008, through June 30, 2009.
China Steel Corporation
As we stated in the Preliminary Results, our practice concerning
no-shipment respondents has been to rescind the administrative review
if the respondent certifies that it had no shipments within the
applicable deadline and we have confirmed through our examination of
data from U.S. Customs and Border Protection (CBP) that there were no
shipments of subject merchandise during the POR. See Antidumping
Duties; Countervailing Duties, 62 FR 27296, 27393 (May 19, 1997), and
Oil Country Tubular Goods from Japan: Preliminary Results of
Antidumping Duty Administrative Review and Partial Rescission of
Review, 70 FR 53161, 53162 (Sept. 7, 2005), unchanged in Oil Country
Tubular Goods from Japan: Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 71 FR 95 (Jan. 3, 2006). As a
result, in such circumstances, we normally instructed CBP to liquidate
any entries from the no-shipment company at the deposit rate in effect
on the date of entry.
In our May 6, 2003, ``automatic assessment'' clarification, we
explained that, where respondents in an administrative review
demonstrate that they had no knowledge of sales through resellers to
the United States, we would instruct CBP to liquidate such entries at
the all-others rate applicable to the proceeding. See Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Based on China Steel Corporation's timely assertion of no shipments
and confirmation of that claim by examination of CBP data as well as
through a no-shipment inquiry sent to CBP, we continue to determine
that China Steel Corporation had no shipments to the United States
during the POR. See Preliminary Results, 75 FR at 49470.
As we stated in the Preliminary Results, because ``as entered''
liquidation instructions do not alleviate the concerns which the May
2003 clarification was intended to address, we find it appropriate in
this case to instruct CBP to liquidate any existing entries of
merchandise produced by China Steel Corporation and exported by other
parties at the all-others rate. In addition, we continue to find that
it is more consistent with the May 2003 clarification not to rescind
the review in
[[Page 76702]]
part in these circumstances but, rather, to complete the review with
respect to China Steel Corporation and issue appropriate instructions
to CBP based on the final results of the review. See the ``Assessment
Rates'' section of this notice below.
Cost of Production
As discussed in the Preliminary Results, we conducted an
investigation to determine whether Chia Far made home market sales of
the foreign like product during the POR at prices below its cost of
production (COP) within the meaning of section 773(b) of the Act. See
Preliminary Results, 75 FR at 49472-73. As detailed in the Preliminary
Results, we based our analysis on Chia Far's weighted-average quarterly
COP. Id. For these final results, we have continued to apply a
quarterly cost methodology and have made no changes to the cost test
performed in the Preliminary Results.
We found that more than 20 percent of Chia Far's sales of a given
product during the reporting period were at prices less than the
weighted-average COP for this period. Thus, we continue to determine
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 continue to find
that Chia Far made below-cost sales not in the ordinary course of
trade. Consequently, we disregarded the below-cost 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
The issue raised by YUSCO in its case brief, and to which we have
responded, is listed in the Appendix to this notice and addressed in
the Issues and Decision Memorandum (Decision Memo), which is adopted by
this notice. Parties can find a complete discussion of the issue raised
in this review and the corresponding recommendation in this public
memorandum, which is on file in the Central Records Unit, room 7046, 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/ 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 no
changes in the margin calculations for Chia Far.
Final Results of Review
We determine that the following weighted-average margin percentages
exist for the period July 1, 2008, through June 30, 2009:
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\6\ This rate is based upon the calculated rate from the most
recently completed segment of this proceeding. See Preliminary
Results, 75 FR at 49474.
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Percent
Manufacturer/exporter margin
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Chia Far Industrial Factory Co., Ltd.......................... 0.00
Review-Specific Average Rate Applicable to the Following Companies: \6\
Chain Chon Industrial Co., Ltd.............................. 4.30
Chien Shing Stainless Co.................................... 4.30
China Steel Corporation..................................... *
Dah Shi Metal Industrial Co., Ltd........................... 4.30
Goang Jau Shing Enterprise Co., Ltd......................... 4.30
KNS Enterprise Co., Ltd..................................... 4.30
Lih Chan Steel Co., Ltd..................................... 4.30
Maytun International Corp................................... 4.30
PFP Taiwan Co., Ltd......................................... 4.30
Shih Yuan Stainless Steel Enterprise Co., Ltd............... 4.30
Ta Chen Stainless Pipe Co., Ltd............................. 4.30
Tang Eng Iron Works......................................... 4.30
Tibest International Inc.................................... 4.30
Tung Mung Development Co., Ltd./Ta Chen Stainless Pipe Co., 4.30
Ltd **.....................................................
Waterson Corp............................................... 4.30
Yieh Loong Enterprise Co., Ltd (aka Chung Hung Steel Co., 4.30
Ltd.)......................................................
Yieh Mau Corp............................................... 4.30
Yieh Trading Corp........................................... 4.30
Yieh United Steel Corporation............................... 4.30
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* No shipments or sales subject to this review.
** This rate applies to shipments of SSSSC produced by Tung Mung
Development Co., Ltd. in Taiwan and exported from Taiwan to the United
States by Ta Chen Stainless Pipe Co., Ltd.
Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates for Chia Far based on the ratio of the
total amount of antidumping duties calculated for the examined sales to
the total entered value of those sales. 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 (i.e., less than 0.50 percent).
Consistent with the Department's practice, for the companies which
were not selected for individual review, we will use the cash deposit
rate as the assessment rate for these companies. See, e.g., Certain
Frozen Warmwater Shrimp From India: Final Results and Partial
Rescission of Antidumping Duty Administrative Review, 74 FR 33409 (July
13, 2009), and accompanying Issues and Decision Memorandum at Comment
3.
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). This
clarification will apply to entries of subject merchandise during the
POR produced by Chia Far for which Chia Far did not know its
merchandise was destined for the United States. This clarification will
also apply to POR entries of subject merchandise produced by China
Steel Corporation for which we are making a final determination of no
shipments, because it certified that it made no POR shipments of
subject merchandise for which it had knowledge of U.S. destination. In
this instance, we will instruct CBP to liquidate unreviewed 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.
Cash Deposit Requirements
Further, the following deposit requirements will be effective for
all shipments of SSSSC from Taiwan 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 rate for the reviewed
companies will be the rates shown above; (2) for previously
investigated companies not listed above, as well as for China Steel
Corporation, 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 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 merchandise; and
(4) the cash deposit rate for all other manufacturers or exporters will
continue to be 12.61 percent, the ``All Others'' rate made effective by
the LTFV investigation.
[[Page 76703]]
See Notice of Antidumping Duty Order; Stainless Steel Sheet and
Strip in Coils From United Kingdom, Taiwan, and South Korea, 64 FR
40555, 40557 (July 27, 1999). These 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 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: December 3, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
Appendix--Issue in the Decision Memorandum
1. Whether the Department Should Rescind the Review with Respect
to YUSCO.
[FR Doc. 2010-30986 Filed 12-8-10; 8:45 am]
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