[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Notices]
[Pages 27756-27757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12892]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-808, A-122-830, A-475-822, A-580-831, A-791-805, A-583-830]
Antidumping Duty Orders; Certain Stainless Steel Plate in Coils
From Belgium, Canada, Italy, the Republic of Korea, South Africa, and
Taiwan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of antidumping duty orders.
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EFFECTIVE DATE: May 21, 1999.
FOR FURTHER INFORMATION CONTACT: Robert James at (202) 482-5222 or John
Kugelman at (202) 482-0649, Antidumping and Countervailing Duty
Enforcement Group III, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230.
APPLICABLE STATUTE AND REGULATIONS: Unless otherwise indicated, all
citations to the Tariff Act of 1930, as amended (the Tariff Act), are
to the provisions effective January 1, 1995, the effective date of the
amendments made to the Tariff Act by the Uruguay Round Agreements Act
(URAA). In addition, unless otherwise indicated, all citations to the
Department's regulations are to the regulations codified at 19 CFR Part
351 (April 1, 1998).
Scope of the Orders
The product covered by these orders is certain stainless steel
plate 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 plate products
are flat-rolled products, 254 mm or over in width and 4.75 mm or more
in thickness, in coils, and annealed or otherwise heat treated and
pickled or otherwise descaled. The subject plate may also be further
processed (e.g., cold-rolled, polished, etc.) provided that it
maintains the specified dimensions of plate following such processing.
Excluded from the scope of these orders are the following: (1) plate
not in coils, (2) plate that is not annealed or otherwise heat treated
and pickled or otherwise descaled, (3) sheet and strip, and (4) flat
bars. In addition, certain cold-rolled stainless steel plate in coils
is also excluded from the scope of these orders. The excluded cold-
rolled stainless steel plate in coils is defined as that merchandise
which meets the physical characteristics described above that has
undergone a cold-reduction process that reduced the thickness of the
steel by 25 percent or more, and has been annealed and pickled after
this cold reduction process.
The merchandise subject to these orders is currently classifiable
in the Harmonized Tariff Schedule of the United States (HTS) at
subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.05,
7219.12.00.20, 7219.12.00.25, 7219.12.00.50, 7219.12.00.55,
7219.12.00.65, 7219.12.00.70, 7219.12.00.80, 7219.31.00.10,
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.11.00.00, 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, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTS
subheadings are provided for convenience and Customs purposes, the
written description of the scope of the orders is dispositive.
Antidumping Duty Orders
In accordance with section 735(a) of the Tariff Act the Department
made its final determinations that stainless steel plate in coils from
Belgium, Canada, Italy, the Republic of Korea (Korea), South Africa and
Taiwan is being sold at less than fair value (see Notice of Final
Determination of Sales at Less Than Fair Value: Stainless Steel Plate
in Coils, 64 FR 15443 through 15509, March 31, 1999). On May 4, 1999,
the International Trade Commission (the Commission) notified the
Department of its final determination pursuant to section
735(b)(1)(A)(i) of the Tariff Act that an industry in the United States
is materially injured by reason of less-than-fair-value imports of
subject merchandise from Belgium, Canada, Italy, Korea, South Africa
and Taiwan. In its final determination, however, the Commission
determined that two domestic like products exist for the merchandise
covered by the Department's investigation: (i) certain cold-rolled
stainless steel plate in coils, as defined above, and (ii) all other
stainless steel plate in coils not specifically excluded. The
Commission determined pursuant to section 735(b)(1) that a domestic
industry in the United States is not materially injured or threatened
with material injury by reason of imports of the noted cold-rolled
stainless steel plate in coils from Belgium and Canada and that imports
of the noted cold-rolled stainless steel plate in coils from Italy,
Korea, South Africa and Taiwan were ``negligible.'' Therefore, the
Commission's affirmative determination of material injury covered all
stainless steel plate in coils other than that specifically excluded
under the ``Scope of the Orders'' section above. Accordingly, the scope
of the antidumping duty orders has been amended as described above to
reflect the Commission's distinction between the cold-rolled stainless
steel plate in coils as defined above and all other stainless steel
plate in coils. However, because the data as reported by respondents do
not permit a distinction between the cold-rolled stainless steel plate,
as defined by the Commission, and all other stainless steel plate in
coils, we are not amending the final determinations to exclude any
sales of the cold-rolled products.
In accordance with section 736(a)(1) of the Tariff Act, the
Department will direct Customs officers to assess, upon further advice
by the Department, antidumping duties equal to the amount by which the
normal value of the merchandise exceeds the export price (or
constructed export price) of the merchandise for all relevant entries
of stainless steel plate in coils from Belgium, Canada, Italy, Korea,
South Africa and Taiwan. These antidumping duties will be assessed on
all unliquidated entries of stainless steel plate in coils from
Belgium, Canada, Italy, Korea, South Africa and Taiwan entered, or
withdrawn from warehouse, for consumption on or after November
[[Page 27757]]
4, 1998, the date on which the Department published its notices of
preliminary determination in the Federal Register (63 FR 59524 through
59544). Customs officers must require, at the same time as importers
would normally deposit estimated duties on this merchandise, a cash
deposit equal to the estimated weighted-average antidumping duty
margins as noted below. The ``All Others'' rates apply to all exporters
of subject stainless steel plate in coils not specifically listed.
Imports of the noted cold-rolled stainless steel plate in coils, as
defined above under ``Scope of the Orders,'' will not be covered by
these orders. The weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Cash
deposit
Producer/manufacturer/exporter rate
(Percent)
------------------------------------------------------------------------
Belgium:
ALZ, N.V.................................................. 9.86
All Others................................................ 9.86
Canada:
Atlas Stainless Steel (Sammi Atlas)....................... 15.35
All Others................................................ 11.10
Italy:
Acciai Speciali Terni SpA (AST)........................... 45.09
All Others................................................ 39.69
Republic of Korea:
Pohang Iron & Steel Co., Ltd.............................. 16.26
All Others................................................ 16.26
South Africa:
Columbus Stainless........................................ \1\ 37.77
All Others................................................ \1\ 37.771
Taiwan:
Yieh United Steel Corporation (YUSCO)..................... 8.02
YUSCO/Ta Chen............................................. 10.20
All Others................................................ 7.39
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\1\ The Department's final determination noted that in accordance with
section 772(c)(1)(C) of the Tariff Act Columbus' weighted-average
margin would be reduced by 3.84 percent to account for export
subsidies found in the concurrent countervailing duty investigation
(See Final Affirmative Countervailing Duty Determination: Stainless
Steel Plate in Coils From South Africa, 63 FR 15553, March 31, 1999).
The rate given in the final determination of sales at less than fair
value was, accordingly, 37.79 percent. However, in response to an
allegation of ministerial error in calculating the export subsidy the
Department amended the export subsidy rate to 3.86 percent. See
Memorandum to Bernard Carreau, ``Ministerial Error Allegations * * *
in the Final Determination of the Countervailing Duty Investigation of
Certain Stainless Steel Wire Rod [sic] from South Africa, April 30,
1999. Accordingly, we have reduced the cash deposit rates for South
Africa to 37.77 percent.
This notice constitutes the antidumping duty orders with respect to
certain stainless steel plate in coils from Belgium, Canada, Italy,
Korea, South Africa and Taiwan. Interested parties may contact the
Department's Central Records Unit, room B-099 of the main Commerce
building, for copies of an updated list of antidumping duty orders
currently in effect.
These orders are published in accordance with section 736(a) of the
Tariff Act of 1930, as amended.
Dated: May 6, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-12892 Filed 5-20-99; 8:45 am]
BILLING CODE 3510-DS-P