[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19070]


[[Page Unknown]]

[Federal Register: August 4, 1994]


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DEPARTMENT OF COMMERCE
[A-588-833]

 

Preliminary Determination of Sales at Less Than Fair Value: 
Stainless Steel Bar From Japan

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

EFFECTIVE DATE: August 4, 1994.

FOR FURTHER INFORMATION CONTACT: Irene Darzenta or Kate Johnson, Office 
of Antidumping Investigations, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
6320 or (202) 482-4929.

Preliminary Determination

    The Department of Commerce (the Department) preliminarily 
determines that stainless steel bar (SSB) from Japan is being, or is 
likely to be, sold in the United States at less than fair value, as 
provided in section 733 of the Tariff Act of 1930, as amended (the Act) 
(19 U.S.C. 1673b). The estimated margins are shown in the ``Suspension 
of Liquidation'' section of this notice.

Scope of Investigation

    The merchandise covered by this investigation is SSB. For purposes 
of this investigation, the term ``stainless steel bar'' means 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. SSB includes cold-finished SSBs 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), wire (i.e., cold-formed products in coils, 
of any uniform solid cross sections along their whole length, which do 
not conform to the definition of flat-rolled products), and angles, 
shapes and sections.
    The SSB subject to this investigation is currently classifiable 
under subheading 7222.10.0005, 7222.10.0050, 7222.20.0005, 
7222.20.0045, 7222.20.0075, and 7222.30.0000 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheading is 
provided for convenience and customs purposes, our written description 
of the scope of this investigation is dispositive.

Period of Investigation

    The period of investigation (POI) is July 1, 1993, through December 
31, 1993.

Case History

    Since the notice of initiation on January 19, 1994 (59 FR 3844, 
January 27, 1994), the following events have occurred.
    On February 4, 1994, the U.S. Embassy in Tokyo provided the 
Department with the names of the firms producing SSB in Japan. To 
supplement this data, on February 7, 1994, counsel for respondents 
submitted volume and value statistics for eight Japanese companies.
    On February 14, 1994, the International Trade Commission (ITC) 
issued an affirmative preliminary injury determination (USITC 
Publication 2734, February 1994).
    On February 28, 1994, the Department sent its antidumping 
questionnaire to Aichi Steel Works, Ltd. (Aichi), Daido Steel Co., Ltd. 
(Daido), and Sanyo Special Steel Co., Ltd. (Sanyo). These firms 
accounted for at least 60 percent of the exports of the subject 
merchandise to the United States during the POI, in accordance with 19 
CFR 353.42(b). On March 7, 1994, the Department met with company 
officials from Aichi, Daido and Sanyo at the Japanese Ministry of 
International Trade and Industry in Tokyo. At this meeting each of the 
three named respondent companies stated that they did not intend to 
participate in our investigation. No questionnaire responses were 
submitted.
    On March 11, 1994, the Department received a request from an 
additional Japanese producer of SSB, Abe Bright Shaft Manufacturing 
Co., Ltd. (Abe Bright), to be a voluntary respondent in this 
investigation. On March 11, 1994, we sent a questionnaire to Abe 
Bright. On April 4, 1994, Abe Bright submitted a letter withdrawing its 
request to participate as a voluntary respondent in this investigation.
    On March 25, 1994, we received comments on the issue of class or 
kind of merchandise from interested parties, per the Department's 
invitation for such comments in its notice of initiation. On April 13, 
1994, we determined that SSB constitutes one class or kind of 
merchandise. (See May 11, 1994, Decision Memorandum to Barbara Stafford 
from The Team Re: Class or Kind of Merchandise.)
    On April 26, 1994, the Department received a request from 
petitioners to postpone the preliminary determination until July 28, 
1994. On May 16, 1994, we published in the Federal Register (59 FR 
25447), a notice announcing the postponement of the preliminary 
determination until not later than July 28, 1994, pursuant to 
petitioners' request, in accordance with 19 CFR 353.15 (c) and (d).

Best Information Available

    Because the three named respondents failed to respond to the 
Department's questionnaire, we based our determination on BIA pursuant 
to section 776(c) of the Act.
    As BIA, we are assigning 61.47 percent, the highest margin among 
the margins alleged in the petition, in accordance with the two-tiered 
BIA methodology under which the Department imposes the most adverse 
rate upon a respondent who refuses to cooperate or otherwise 
significantly impedes the proceeding, and as outlined in the 
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts 
Thereof From the Federal Republic of Germany; Final Results of 
Antidumping Duty Administrative Review (56 Fr 31692, 31704, July 11, 
1991). The Department's methodology for assigning BIA has been upheld 
by the U.S. Court of Appeals for the Federal Circuit (see Allied-Signal 
Aerospace Co. v. United States, Slip Op. 94-1112 (June 30, 1994); and 
Allied Signal Aerospace Co. v. United States, 996 F.2d 1185 (Fed. Cir. 
1993); see also Krupp Stahl AG, et al. v. United States, 822 F. Supp. 
789 (CIT 1993)).

Suspension of Liquidation

    In accordance with section 733(d)(1) (19 U.S.C. 1673b(d)(1)) of the 
Act, we are directing the U.S. Customs Service to suspend liquidation 
of all entries of SSB from Japan, as defined in the ``Scope of 
Investigation'' section of this notice, that are entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
this notice in the Federal Register. The Customs Service shall require 
a cash deposit or posting of a bond equal to the estimated margin 
amount by which the foreign market value of the subject merchandise 
exceeds the United States price as shown below. The suspension of 
liquidation will remain in effect until further notice.

------------------------------------------------------------------------
                                                                Weighted
                                                                average 
               Manufacturer/producer/exporter                    margin 
                                                                percent 
------------------------------------------------------------------------
Aichi Steel Works, Ltd.......................................      61.47
Daido Steel Co., Ltd.........................................      61.47
Sanyo Special Steel Co., Ltd.................................      61.47
All Others...................................................      61.47
------------------------------------------------------------------------

ITC Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our determination. If our final determination is affirmative, 
the ITC will determine whether imports of the subject merchandise are 
materially injuring, or threaten material injury to, the U.S. industry, 
before the later of 120 days after the date of the preliminary 
determination or 45 days after our final determination.

Public Comment

    In accordance with 19 CFR 353.38, case briefs or other written 
comments must be submitted, in at least ten copies, to the Assistant 
Secretary for Import Administration no later than November 8, 1994, and 
rebuttal briefs no later than November 15, 1994. In addition, a public 
version and five copies should be submitted by the appropriate date if 
the submission contains business proprietary information. In accordance 
with 19 CFR 353.38(b), we will hold a public hearing, if requested, to 
afford interested parties an opportunity to comment on arguments raised 
in case or rebuttal briefs. Tentatively, the hearing will be held, if 
requested, at 2:00 p.m. on November 17, 1994, at the U.S. Department of 
Commerce, Room 1414, 14th Street and Constitution Avenue NW., 
Washington DC 20230. Parties should confirm by telephone the time, 
date, and place of the hearing 48 hours before the scheduled time.
    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Import Administration, 
U.S. Department of Commerce, Room B-099 within ten days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues to be discussed. In accordance with 19 CFR 
353.38(b), oral presentation will be limited to arguments raised in the 
briefs.
    This determination is published pursuant to section 733(f) of the 
Act (19 U.S.C. 1673b(f)) and 19 CFR 353.15(a)(4).

    Dated: July 28, 1994.
Barbara R. Stafford,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-19070 Filed 8-3-94; 8:45 am]
BILLING CODE 3510-DS-P