[Federal Register Volume 64, Number 143 (Tuesday, July 27, 1999)]
[Notices]
[Pages 40557-40559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19125]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-428-825]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order; Stainless Steel Sheet and Strip in 
Coils From Germany

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

ACTION: Notice of Amended Final Determination of Sales at Less Than 
Fair Value and Antidumping Duty Order.

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EFFECTIVE DATE: July 29, 1999.

FOR FURTHER INFORMATION CONTACT: Charles Ranado, Stephanie Arthur, or 
Robert James, 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, at (202) 482-3518, (202) 482-6312, or (202) 482-
5222, respectively.

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 of 
Commerce's (the Department's) regulations are to the regulations 
codified at 19 CFR Part 351 (April 1, 1998).

Amendment to the Final Determination

    On May 19, 1999, the Department determined that stainless steel 
sheet and strip in coils (stainless sheet in coil) from Germany are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV), as provided in section 735(a) of the Tariff Act. See 
Notice of Final Determination of Sales at Less Than Fair Value: 
Stainless Steel Sheet and Strip in Coils From Germany, 64 FR 30710 
(June 8, 1999) (Final Determination). On May 28, 1999, respondent Krupp 
Thyssen Nirosta, GmbH (KTN) timely filed an allegation that the 
Department had made several ministerial errors in its final 
determination. Petitioners (Allegheney Ludlum Corp., Armco, Inc. J&L 
Specialty Steel, Inc., Washington Steel Division of Bethlehem Steel 
Corp., United Steelworkers of America, AFL-CIO/CLC, Butler Armco 
Independent Union, and Zanesville Armco Independent Organization) also 
timely alleged two ministerial errors on June 2, 1999. Both interested 
parties requested that we correct the errors and publish a notice of 
amended final determination in the Federal Register. See 19 CFR 
351.224(e). In addition, on June 8, 1999, petitioners filed comments in 
rebuttal of two of KTN's alleged errors.
    KTN's submission alleges the following errors:
     In attempting to remove a third-country shipment from 
KTN's U.S. sales listing, the Department inadvertently deleted the 
wrong transaction;
     The Department used the incorrect interest rates for 
calculating home market credit expenses and in certain instances U.S. 
credit expenses and inventory carrying costs;
     For one of KTN's affiliated home market service centers, 
the Department inadvertently relied upon an outdated database 
superseded by a later submission;
     The Department erred in adjusting KTN's cost of production 
(COP) for certain products subjected to further processing by the 
affiliated home market service center, thus overstating the COP;
     The Department's attempt to revise KTN's variable cost of 
manufacture (VCOM) to reflect corrected nickel prices did not work due 
to a programming error;
     For an affiliated U.S. reseller to which we applied 
adverse facts available the weighted-average gross unit price set forth 
in the Department's May 19, 1999 analysis memorandum differs from that 
hand-entered into the margin program;
     For this same reseller, the Department inadvertently 
relied upon an outdated database superseded by a later submission;
     Finally, in applying adverse facts available to the 
affiliated U.S. reseller, the Department erred by failing to exclude 
putatively cut-to-length material (which is not included in the scope 
of this investigation).
    See Letter, Hogan & Hartson, May 28, 1999 passim. In their 
submission petitioners note that the Department stated that it intended 
to apply adverse facts available for KTN's failure to report certain 
home market downstream sales made by its affiliates. To do this, 
petitioners aver, the Department intended to calculate the highest 
gross unit price for each product (i.e., control number) for sales 
between KTN and its affiliates and use this price as the basis for NV. 
However, petitioners allege, the Department inadvertently omitted the 
customer code for one of the home market affiliates to which we were 
applying facts available. In addition, petitioners argue that the 
Department's application of facts available for these unreported sales 
had no effect in certain cases because the Department inadvertently 
included the affiliated customers in its arm's-length test; when these 
customers subsequently failed the arm's-length test the transactions 
were excluded entirely from the margin calculation and not subjected to 
facts available, as clearly intended by the Department.
    Petitioners' rebuttal addressed two of KTN's allegations. With 
respect to KTN's VCOM, petitioners argue that any correction to home 
market VCOM applies equally to both U.S. VCOM and U.S. total cost of 
manufacture. These latter two are both needed to calculate accurate 
adjustments for differences in physical characteristics of the home 
market and U.S. merchandise pursuant to section 773(a)(6)(C)(ii) of the 
Tariff

[[Page 40558]]

Act. With respect to KTN's U.S. reseller, petitioners contend that the 
Department's decision not to attempt segregating cut-to-length 
stainless sheet and strip from the subject stainless sheet in coils is 
methodological, not ministerial. Furthermore, petitioners continue, the 
Department determined that the U.S. reseller's sales data were so 
replete with errors as to be unreliable in toto; in petitioners view, 
it would be inappropriate for the Department now to accept the 
reliability of selective portions of those data (i.e., the two specific 
variables KTN suggests using for this purpose). Because the Department 
rejected the entire database, petitioners aver, it would not make sense 
for the Department to then assume that these two fields were reported 
accurately and to use these as the basis for segregating cut-to-length 
products from products in coil form.
    After reviewing both parties' allegations and petitioners rebuttal 
we have determined, in accordance with 19 CFR 351.224, that the Final 
Determination includes several ministerial errors. As to KTN's 
allegations, we agree with KTN that each of the points raised by KTN 
constitutes a ministerial error with the exception of the alleged 
``failure'' to exclude cut-to-length merchandise. Our treatment of the 
U.S. reseller's reported sales represented a methodological choice, and 
not ``an error in addition, subtraction, or other arithmetic function'' 
or ``other similar types of unintentional error.'' 19 CFR 351.224(e); 
see also Memorandum For Richard Weible; ``Allegations of Ministerial 
Errors; Final Determination in the Investigation of Stainless Steel 
Sheet and Strip in Coils from Germany'' (Ministerial Errors 
Memorandum), dated July 23, 1999, a public version of which is on file 
in room B-099 of the main Commerce building, and the Final 
Determination, 64 FR at 30739. We also agree with petitioners that the 
intended correction to KTN's home market VCOM applies equally to KTN's 
U.S. VCOM and U.S. TCOM, and have adjusted each accordingly for this 
amended final determination.
    Finally, we also agree that the two errors alleged by petitioners 
represent ministerial errors and have corrected both for this final 
determination. For a detailed description of each of these allegations 
and, where applicable, our resultant corrections, see the Ministerial 
Errors Memorandum. Therefore, in accordance with 19 CFR 351.224(e), we 
are amending the final determination of the antidumping duty 
investigation of stainless steel sheet and strip in coils from Germany. 
The revised weighted-average dumping margins are in the ``Antidumping 
Duty Order'' section, below.

Scope of the Order

    For purposes of this order, the products covered 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 this order is classified in the 
Harmonized Tariff Schedule of the United States (HTS) 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 HTS subheadings are provided for convenience and Customs 
purposes, the Department's written description of the merchandise under 
investigation is dispositive.
    Excluded from the scope of this 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 HTS, ``Additional 
U.S. Note'' 1(d).
    Flapper valve steel is also excluded from the scope of the order. 
This product 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 this 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

[[Page 40559]]

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 this 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 this order. 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 this order. 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 this 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 illustrative 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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Antidumping Duty Orders

    On July 19, 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 Germany. Therefore, 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 sheet and 
strip in coils from Germany. These antidumping duties will be assessed 
on all unliquidated entries of stainless steel sheet and strip in coils 
from Germany entered, or withdrawn from warehouse, for consumption on 
or after January 4, 1999, the date on which the Department published 
its notice of preliminary determination in the Federal Register (64 FR 
92). On or after the date of publication of this notice in the Federal 
Register, Customs officers must require, at the same time as importers 
would normally deposit estimated duties, cash deposits for the subject 
merchandise equal to the estimated weighted-average antidumping duty 
margins as noted below. The ``All Others'' rate applies to all 
exporters of subject stainless steel sheet and strip in coils not 
specifically listed. The revised weighted-average dumping margins are 
as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                              (percent)
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Krupp Thyssen Nirosta GmbH.................................        25.37
All Others.................................................        25.37
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
stainless steel sheet and strip in coils from Germany. 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.

    This order is published in accordance with section 736(a) of the 
Tariff Act of 1930, as amended.

    Dated: July 21, 1999.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 99-19125 Filed 7-26-99; 8:45 am]
BILLING CODE 3510-DS-P