[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Notices]
[Pages 61065-61066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29344]



[[Page 61065]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration
[A-401-040]


Stainless Steel Plate From Sweden: Notice of Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

-----------------------------------------------------------------------

SUMMARY: On July 7, 1999, the Department of Commerce (the Department) 
published the preliminary results of review in the antidumping duty 
administrative review of stainless steel plate from Sweden (64 FR 
36667). The review covers two manufacturers/exporters, Avesta Sheffield 
AB (Avesta) and Uddeholm Tooling AB, Bohler-Uddeholm Corporation and 
Uddeholm Limited (collectively, Uddeholm), of the subject merchandise 
to the United States and the period June 1, 1997 through May 31, 1998.

EFFECTIVE DATE: November 9, 1999.

FOR FURTHER INFORMATION CONTACT: Jonathan Lyons, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone 
(202) 482-0374.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act'') are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department's 
regulations are references to the provisions codified at 19 CFR part 
351 (1998).

Background

    The Department of the Treasury published an antidumping finding on 
stainless steel plate from Sweden on June 8, 1973 (38 FR 15079). On 
July 7, 1999, the Department published in the Federal Register the 
preliminary results of antidumping duty administrative review of this 
antidumping finding (64 FR 36667) for the period June 1, 1997 through 
May 31, 1998. We invited interested parties to comment and received one 
comment regarding Avesta. The Department has now completed this review 
in accordance with section 751(a) of the Act.

Scope of the Review

    Imports covered by this review are shipments of stainless steel 
plate which is commonly used in scientific and industrial equipment 
because of its resistance to staining, rusting and pitting. Stainless 
steel plate is classified under Harmonized Tariff Schedule of the 
United States (HTSUS) item numbers 7219.11.00.00, 7219.12.00.05, 
7219.12.00.15, 7219.12.00.45, 7219.12.00.65, 7219.12.00.70, 
7219.12.00.80, 7219.21.00.05, 7219.21.00.50, 7219.22.00.05, 
7219.22.00.10, 7219.22.00.30, 7219.22.00.60, 7219.31.00.10, 
7219.31.00.50, 7220.11.00.00, 7222.30.00.00, and 7228.40.00.00. 
Although the subheadings are provided for convenience and customs 
purposes, the written description of the merchandise is dispositive.

Period of Review

    The period of review is June 1, 1997 through May 31, 1998.

Analysis of Comments Received

    We invited interested parties to comment on the preliminary results 
of this administrative review. We received a timely filed case brief 
from Avesta. Uddeholm informed the Department that it had no comments 
on the preliminary determination. Petitioners did not submit any 
comments.

Comment 1: Proper Facts Available Rate for Avesta

    On September 2, 1998, Avesta notified the Department that it was 
unable to participate in the 1997-1998 administrative review and that 
it was not responding to the questionnaire sent by the Department on 
August 12, 1998. Because Avesta declined to respond to the Department's 
questionnaire, we assigned Avesta an adverse facts available rate of 
29.36 percent in our preliminary determination.
    Avesta argues that the Department, in determining the facts 
available rate for this review, used a final margin from a previous 
review that was subsequently amended. Avesta asserts that the margin 
used, which was published on January 12, 1998 (63 FR 1824) for the 
1995-1996 administrative review, was amended on February 19, 1998 (63 
FR 8434). Avesta further asserts that the corrected, lower rate of 
24.67 percent should be the used as the basis of the Department's facts 
available determination, as it is the accurate highest previous margin 
in this case. Avesta argues that the Department should rely on the 
revised rate that reflects the correction of an error made by the 
Department in its 1995-1996 final determination. With the publication 
of the amended final results for the 1995-1996 period of review, Avesta 
asserts that the Department acknowledged that the initial final rate 
was, in fact, an intermediary rate that was neither reliable nor 
relevant.

Department's Position

    The Department agrees with Avesta that the most appropriate facts 
available rate should be the highest final, amended rate from previous 
segments conducted by the Department, which for the instant review is 
Avesta's amended final rate for the 1995-1996 administrative review 
period. As noted in the preliminary determination, the Department 
selects a facts available rate that can be deemed both reliable and 
relevant (64 FR at 36668-69). Preliminary results, and final results 
that are later amended, are by their nature intermediary. In selecting 
the proper basis for a facts available rate, section 351.308(c)(1)(iii) 
of the Department's regulations specifies that results from previous 
administrative reviews can be considered an appropriate basis for 
secondary information used to make an adverse inference. In the instant 
review, the facts available margin selected is a rate calculated in a 
prior segment of the proceeding. Since the Department amended the rate 
in the final results for the 1995-1996 period of review, the amended 
final rate for the 1995-1996 review supersedes previous rates published 
for that segment in terms of accuracy and appropriateness. The amended 
final rate is the most reliable and relevant, thus meeting the 
requirements of section 776(c) of the Act.

Final Results of Review

    As a result of this review, we determine that the following margins 
exist for the period June 1, 1997 through May 31, 1998:

Avesta--24.67 percent
Uddeholm--7.30 percent

    The Department shall determine, and the U.S. Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
shall issue appraisement instructions directly to the Customs Service. 
For assessment purposes, we have calculated importer-specific duty 
assessment rates for the merchandise based on the ratio of the total 
amount of antidumping duties calculated for the examined sales to the 
total entered value of sales examined.
    Furthermore, the following deposit requirements will be effective, 
upon publication of this notice of final results of review, for all 
shipments of stainless

[[Page 61066]]

steel plate from Sweden entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided for by 
section 751(a)(1) of the Act: (1) The cash deposit rates for Avesta and 
Uddeholm will be the rates stated 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 deposit rate for all 
other manufacturers or exporters will continue to be 4.46 percent, the 
all others rate established in the less-than-fair-value (LTFV) 
investigation. These deposit requirements, when imposed, shall remain 
in effect until publication of the final results of the next 
administrative review.
    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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.
    This notice also 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 section 351.306 of the Department's regulations. 
Timely 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.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act, section 771(i) of the Act, and 19 CFR 
351.213.

    Dated: November 2, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-29344 Filed 11-8-99; 8:45 am]
BILLING CODE 3510-DS-P