[Federal Register Volume 65, Number 123 (Monday, June 26, 2000)]
[Notices]
[Pages 39364-39367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16108]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-854]


Notice of Final Determination of Sales at Less Than Fair Value: 
Certain Tin Mill Products From Japan

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

EFFECTIVE DATE: June 26, 2000.

FOR FURTHER INFORMATION CONTACT: Samantha Denenberg or Linda Ludwig, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington DC 20230; telephone 202-482-1386 and 202-482-3833, 
respectively.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (``Act'') by the 
Uruguay Round Agreements Act (``URAA''). In addition, unless otherwise 
indicated, all citations to the Department regulations are to the 
regulations at 19 CFR Part 351 (April 1999).

Final Determination

    We determine that Certain Tin Mill Products (``TMP'') from Japan 
are being, or are likely to be, sold in the United States at less than 
fair value (``LTFV''), as provided in Section 735 of the Act. The 
estimated margins are shown in the ``Continuation of Suspension of 
Liquidation'' section of this notice.

Case History

    On April 12, 2000, we published in the Federal Register the 
preliminary determination in this investigation. See

[[Page 39365]]

Notice of Preliminary Determination of Sales at Less Than Fair Value: 
Certain Tin Mill Products from Japan, 65 FR 19737 (April 12, 2000) 
(``Preliminary Determination''). No interested parties have filed case 
briefs or rebuttal briefs on the Preliminary Determination and no 
request for a hearing has been received by the Department. On May 16, 
2000, and June 7, 2000, petitioners submitted an additional scope 
exclusion request. On June 12, 2000, and June 14, 2000, petitioners 
submitted further modification of the June 7, 2000 scope exclusion 
request See Scope Amendment Memorandum from Richard Weible to Joseph A. 
Spetrini, June 19, 2000.

Scope of Investigation

    The scope of this investigation includes tin mill flat-rolled 
products that are coated or plated with tin, chromium or chromium 
oxides. Flat-rolled steel products coated with tin are known as tin 
plate. Flat-rolled steel products coated with chromium or chromium 
oxides are known as tin-free steel or electrolytic chromium-coated 
steel. The scope includes all the noted tin mill products regardless of 
thickness, width, form (in coils or cut sheets), coating type 
(electrolytic or otherwise), edge (trimmed, untrimmed or further 
processed, such and scroll cut), coating thickness, surface finish, 
temper, coating metal (tin, chromium, chromium oxide), reduction 
(single- or double-reduced), and whether or not coated with a plastic 
material.
    All products that meet the written physical description are within 
the scope of this investigation unless specifically excluded. The 
following products, by way of example, are outside and/or specifically 
excluded from the scope of this investigation:
     Single reduced electrolytically chromium coated steel with 
a thickness 0.238 mm (85 pound base box) (+/-10%) or 0.251 mm (90 pound 
base box) (+/-10%) or 0.255 mm (+/-10%) with 770 mm (minimum width) 
(-0/+1.588 mm) by 900 mm (maximum length if sheared) sheet size or 
30.6875 inches (minimum width) (-0/+\1/16\ inch) and 35.4 inches 
(maximum length if sheared) sheet size; with type MR or higher (per 
ASTM) A623 steel chemistry; batch annealed at T2\1/2\ anneal temper, 
with a yield strength of 31 to 42 kpsi (214 to 290 Mpa); with a tensile 
strength of 43 to 58 kpsi (296 to 400 Mpa); with a chrome coating 
restricted to 32 to 150 mg/m\2\ with a chrome oxide coating restricted 
to 6 to 25 mg/m\2\ with a modified 7B ground roll finish or blasted 
roll finish; with roughness average (Ra) 0.10 to 0.35 micrometers, 
measured with a stylus instrument with a stylus radius of 2 to 5 
microns, a trace length of 5.6 mm, and a cut-off of 0.8 mm, and the 
measurement traces shall be made perpendicular to the rolling 
direction; with an oil level of 0.17 to 0.37 grams/base box as type 
BSO, or 2.5 to 5.5 mg/m\2\ as type DOS, or 3.5 to 6.5 mg/m\2\ as type 
ATBC; with electrical conductivity of static probe voltage drop of 0.46 
volts drop maximum, and with electrical conductivity degradation to 
0.70 volts drop maximum after stoving (heating to 400 degrees F for 100 
minutes followed by a cool to room temperature).
     Single reduced electrolytically chromium-or tin-coated 
steel in the gauges of 0.0040 inch nominal, 0.0045 inch nominal, 0.0050 
inch nominal, 0.0061 inch nominal (55 pound base box weight), 0.0066 
inch nominal (60 pound base box weight), and 0.0072 inch nominal (65 
pound base box weight), regardless of width, temper, finish, coating or 
other properties.
     Single reduced electrolytically chromium coated steel in 
the gauge of 0.024 inch, with widths of 27.0 inches or 31.5 inches, and 
with T-1 temper properties.
     Single reduced electrolytically chromium coated steel, 
with a chemical composition of 0.005% max carbon, 0.030% max silicon, 
0.25% max manganese, 0.025% max phosphorous, 0.025% max sulfur, 0.070% 
max aluminum, and the balance iron, with a metallic chromium layer of 
70-130 mg/m\2\, with a chromium oxide layer of 5-30 mg/m\2\, with a 
tensile strength of 260-440 N/mm \2\; with an elongation of 28-48%, 
with a hardness (HR-30T) of 40-58, with a surface roughness of 0.5-1.5 
microns Ra, with magnetic properties of Bm (KG) 10.0 minimum, Br (KG) 
8.0 minimum, Hc (Oe) 2.5-3.8, and 1400 minimum, as measured 
with a Riken Denshi DC magnetic characteristic measuring machine, Model 
BHU-60.
     Bright finish tin-coated sheet with a thickness equal to 
or exceeding 0.0299 inch, coated to thickness of \3/4\ pound (0.000045 
inch) and 1 pound (0.00006 inch).
     Electrolytically chromium coated steel having ultra flat 
shape defined as oil can maximum depth of \5/64\ inch (2.0 mm) and edge 
wave maximum of \5/64\ inch (2.0 mm) and no wave to penetrate more than 
2.0 inches (51.0 mm) from the strip edge and coilset or curling 
requirements of average maximum of \5/64\ inch (2.0 mm) (based on six 
readings, three across each cut edge of a 24 inches (61 cm) long sample 
with no single reading exceeding \4/32\ inch (3.2 mm) and no more than 
two readings at \4/32\ inch (3.2 mm)) and (for 85 pound base box item 
only: crossbuckle maximums of 0.001 inch (0.0025 mm) average having no 
reading above 0.005 inch (0.127 mm)), with a camber maximum of \1/4\ 
inch (6.3 mm) per 20 feet (6.1 meters), capable of being bent 120 
degrees on a 0.002 inch radius without cracking, with a chromium 
coating weight of metallic chromium at 100 mg/square meter and chromium 
oxide of 10 mg/square meter, with a chemistry of 0.13% maximum carbon, 
0.60% maximum manganese, 0.15% maximum silicon, 0.20% maximum copper, 
0.04% maximum phosphorous, 0.05% maximum sulfur, and 0.20% maximum 
aluminum, with a surface finish of Stone Finish 7C, with a DOS-A oil at 
an aim level of 2 mg/square meter, with not more than 15 inclusions/
foreign matter in 15 feet (4.6 meters) (with inclusions not to exceed 
\1/32\ inch (0.8 mm) in width and \3/64\ inch (1.2 mm) in length), with 
thickness/temper combinations of either 60 pound base box (0.0066 inch) 
double reduced CADR8 temper in widths of 25.00 inches, 27.00 inches, 
27.50 inches, 28.00 inches, 28.25 inches, 28.50 inches, 29.50 inches, 
29.75 inches, 30.25 inches, 31.00 inches, 32.75 inches, 33.75 inches, 
35.75 inches, 36.25 inches, 39.00 inches, or 43.00 inches, or 85 pound 
base box (0.0094 inch) single reduced CAT4 temper in widths of 25.00 
inches, 27.00 inches, 28.00 inches, 30.00 inches, 33.00 inches, 33.75 
inches, 35.75 inches, 36.25 inches, or 43.00 inches, with width 
tolerance of -0/+\1/8\ inch, with a thickness tolerance of -/+ 0.0005 
inch, with a maximum coil weight of 20,000 pounds (9071.0 kg), with a 
minimum coil weight of 18,000 pounds (8164.8 kg) with a coil inside 
diameter of 16 inches (40.64 cm) with a steel core, with a coil maximum 
outside diameter of 59.5 inches (151.13 cm), with a maximum of one weld 
(identified with a paper flag) per coil, with a surface free of 
scratches, holes, and rust.
     Electrolytically tin coated steel having differential 
coating with 1.00 pound/base box equivalent on the heavy side, with 
varied coating equivalents in the lighter side (detailed below), with a 
continuous cast steel chemistry of type MR, with a surface finish of 
type 7B or 7C, with a surface passivation of 0.7 mg/square foot of 
chromium applied as a cathodic dichromate treatment, with coil form 
having restricted oil film weights of 0.3-0.4 grams/base box of type 
DOS-A oil, coil inside diameter ranging from 15.5 to 17 inches, coil 
outside diameter of a maximum 64 inches, with a maximum coil weight of

[[Page 39366]]

25,000 pounds, and with temper/coating/dimension combinations of: (1) 
CAT 4 temper, 1.00/.050 pound/base box coating, 70 pound/base box 
(0.0077 inch) thickness, and 33.1875 inch ordered width; or (2) CAT5 
temper, 1.00/0.50 pound/base box coating, 75 pound/base box (0.0082 
inch) thickness, and 34.9375 inch or 34.1875 inch ordered width; or (3) 
CAT5 temper, 1.00/0.50 pound/base box coating, 107 pound/base box 
(0.0118 inch) thickness, and 30.5625 inch or 35.5625 inch ordered 
width; or (4) CADR8 temper, 1.00/0.50 pound/base box coating, 85 pound/
base box (0.0093 inch) thickness, and 35.5625 inch ordered width; or 
(5) CADR8 temper, 1.00/0.25 pound/base box coating, 60 pound/base box 
(0.0066 inch) thickness, and 35.9375 inch ordered width; or (6) CADR8 
temper, 1.00/0.25 pound/base box coating, 70 pound/base box (0.0077 
inch) thickness, and 32.9375 inch, 33.125 inch, or 35.1875 inch ordered 
width.
     Electrolytically tin coated steel having differential 
coating with 1.00 pound/base box equivalent on the heavy side, with 
varied coating equivalents on the lighter side (detailed below), with a 
continuous cast steel chemistry of type MR, with a surface finish of 
type 7B or 7C, with a surface passivation of 0.5 mg/square foot of 
chromium applied as a cathodic dichromate treatment, with ultra flat 
scroll cut sheet form, with CAT 5 temper with 1.00/0.10 pound/base box 
coating, with a lithograph logo printed in a uniform pattern on the 
0.10 pound coating side with a clear protective coat, with both sides 
waxed to a level of 15-20 mg/216 sq. in., with ordered dimension 
combinations of (1) 75 pound/base box (0.0082 inch) thickness and 
34.9375 inch  x  31.748 inch scroll cut dimensions; or (2) 75 pound/
base box (0.0082 inch) thickness and 34.1875 inch  x  29.076 inch 
scroll cut dimensions; or (3) 107 pound/base box (0.0118 inch) 
thickness and 30.5625 inch  x  34.125 inch scroll cut dimension.
    The merchandise subject to this investigation is classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS''), under 
HTSUS subheadings 7210.11.0000, 7210.12.0000, 7210.50.0000, 
7212.10.0000, and 7212.50.0000 if of non-alloy steel and under HTSUS 
subheadings 7225.99.0090, and 7226.99.0000 if of alloy steel. Although 
the subheadings are 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 October 1, 1998 through 
September 30, 1999.

Facts Available

    In the Preliminary Determination, the Department based the dumping 
margins for respondents Nippon Steel Corporation (``NSC''), Kawasaki 
Steel Corporation (``Kawasaki''), NKK Corporation (``NKK''), and Toyo 
Kohan (``Toyo'') on facts otherwise available under Section 
776(a)(2)(A) of the Act because these respondents failed to participate 
in the investigation and failed to provide information requested by the 
Department needed to calculate a dumping margin as detailed in the 
Preliminary Determination. The Department based the dumping margins for 
respondents NSC and Toyo on facts otherwise available under Section 
776(a)(2)(B) of the Act because the respondents failed to provide the 
information requested by the Department in the form or manner requested 
as detailed in the Preliminary Determination. The Department based the 
dumping margins for respondents NKK and Kawasaki on facts otherwise 
available under Section 776(a)(2)(A) of the Act because these 
respondents only provided information responding to Section A of the 
Department's antidumping questionnaire and failed to provide any other 
information requested by the Department needed to calculate a dumping 
margin as detailed in the Preliminary Determination.
    In selecting from among the facts otherwise available, section 
776(b) of the Act provides that adverse inferences may be used when a 
party fails to cooperate by not acting to the best of its ability to 
comply with the Department's requests for information. As detailed in 
the Preliminary Determination, the Department has determined that the 
use of adverse inferences is warranted for all respondents because all 
respondents have failed to cooperate to the best of their abilities in 
this investigation.
    Further, section 776(b) of the Act states that an adverse inference 
may include reliance on information derived from the petition or any 
other information placed on the record. See also ``Statement of 
Administrative Action'' (``SAA'') accompanying the URAA, H.R. Rep. No. 
103-316, 829-831 (1994). Pursuant to Section 776(b) of the Act, the 
Department applied the highest margin calculated from the information 
placed on the record by petitioners on October 28, 1999 and November 8, 
1999. We continue to find this margin corroborated, pursuant to section 
776(c) of the Act, for the reasons discussed in the Preliminary 
Determination. No interested parties have objected to the use of 
adverse facts available for the mandatory respondents in this 
investigation, nor to the Department's choice of facts available. 
Furthermore, the Department has received no request for a hearing in 
this investigation. Accordingly, for its final determination, the 
Department is continuing the use of the highest margin alleged by 
petitioners for all non-responding mandatory respondents in this 
investigation.

The All-Others Rate

    No interested parties have filed case briefs or rebuttal briefs on 
this issue. Accordingly, the Department is continuing to base the 
``all-others'' rate on the simple average of margins submitted to the 
record by petitioners on October 28, 1999 and November 8, 1999, which 
is 32.52 percent, as discussed in the Preliminary Determination.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the U.S. Customs Service (``Customs'') to continue to suspend 
liquidation of all entries of subject merchandise from Japan that are 
entered, or withdrawn from warehouse, for consumption on or after April 
12, 2000, the date of publication of the Preliminary Determination in 
the Federal Register.
    We will instruct Customs to require a cash deposit or posting of a 
bond for each entry equal to the margins shown below. These suspension 
of liquidation instructions will remain in effect until further notice. 
The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/Manufacturer                       margin
                                                            (percentage)
------------------------------------------------------------------------
Kawasaki Steel Corporation................................         95.29
Nippon Steel Corporation..................................         95.29
NKK Corporation...........................................         95.29
Toyo Kohan................................................         95.29
All Others................................................         32.52
------------------------------------------------------------------------

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (``ITC'') of our determination. As our 
final determination is affirmative, the ITC will, within 45 days, 
determine whether these imports are materially injuring, or threaten 
material injury to, the U.S. industry. If the ITC determines that

[[Page 39367]]

material injury, or threat of material injury does not exist, the 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
Customs officials to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: June 19, 2000.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-16108 Filed 6-23-00; 8:45 am]
BILLING CODE 3510-DS-P