[Federal Register Volume 65, Number 239 (Tuesday, December 12, 2000)]
[Notices]
[Pages 77578-77579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31636]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-845]


Stainless Steel Sheet and Strip in Coils From Japan: Final 
Results of Changed Circumstance Antidumping Duty Review, and 
Determination To Revoke Order in Part

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

ACTION: Final results of changed circumstance antidumping duty review, 
and determination to revoke order in part.

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EFFECTIVE DATE: December 12, 2000.
SUMMARY: On October 27, 2000, the Department of Commerce (the 
Department) published in the Federal Register a notice of initiation of 
a changed circumstances antidumping duty review and preliminary results 
of review with intent to revoke, in part, the antidumping duty order on 
stainless steel sheet and strip in coils from Japan (65 FR 64424). We 
are now revoking this order, in part, with regard to the following 
product: nickel-clad stainless steel sheet and strip in coils from 
Japan, as described in the ``Scope'' section of this notice. This 
partial revocation is based on the fact that domestic parties have 
expressed no further interest in the relief provided by the order with 
respect to the importation or sale of this nickel clad stainless steel 
sheet and strip in coils from Japan, as so described.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva or James C. Doyle, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington D.C. 20230; telephone (202) 482-6412 and (202) 482-0159, 
respectively.

SUPPLEMENTARY INFORMATION:

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

[[Page 77579]]

made to the Tariff Act of 1930 (the Act) by the Uruguay Round 
Agreements Act (URAA). In addition, unless otherwise indicated, all 
citations to the Department's regulations are to the regulations at 19 
CFR part 351 (April, 1999).

Background

    On August 17, 2000, the Department received a request from NIPPON 
Metalworking U.S.A., Inc., (NIPPON) for a changed circumstance review 
seeking revocation, in part, of the antidumping duty (AD) order on 
nickel clad stainless steel sheet and strip in coils from Japan. The 
Department received a letter on September 6, 2000, from petitioners 
Allegheny Ludlum, AK Steel Corporation (formerly Armco, Inc.), J&L 
Specialty Steel, Inc., North American Stainless, the United 
Steelworkers of America, AFL-CIO/CLC, the Butler-Armco Independent 
Union, and the Zanesville Armco Independent Union, expressing no 
opposition to the request of NIPPON for revocation, in part, of the 
order pursuant to a changed circumstances review with respect to the 
subject merchandise defined in the Scope of the Review section below. 
Petitioners' request confirms that they have no objection to the 
retroactive application of the exclusion to the entries made from the 
date of the preliminary determination in the antidumping investigation, 
January 4, 1999, forward.
    Pursuant to 19 CFR 351.222(g)(1)(i) we preliminarily determined 
that petitioners' affirmative statement of no interest constituted 
changed circumstances sufficient to warrant a review and partial 
revocation of the order. Consequently, on October 27, 2000, the 
Department published an initiation of a changed circumstances review 
and preliminary results of review with an intent to revoke the order in 
part (65 FR 64424).
    The merchandise under review is currently classifiable under 
subheading 7219.90.00.20 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 
is dispositive.

Scope of Changed Circumstance Review

    The products covered by this exclusion request and changed 
circumstances review are nickel clad stainless steel sheet and strip in 
coils from Japan. This nickel clad stainless steel sheet must satisfy 
each of the following specifications. The sheet must: (1) Have a 
maximum coil weight of 1000 pounds; (2) with a coil interior diameter 
of 458 mm to 540 mm; (3) with a thickness of .33 mm and a width of 
699.4 mm; (4) fabricated in three layers with a middle layer of grade 
316L or UNS 531603 sheet and strip sandwiched between the two layers of 
nickel cladding, using a roll bonding process to apply the nickel 
coating to each side of the stainless steel, each nickel coating being 
not less than 99 percent nickel and a minimum .038 mm in thickness. The 
resultant nickel clad stainless steel sheet and strip also must meet 
the following additional chemical composition requirement (by weight): 
The first layer weight is 14%, specification Ni201 or N02201, Carbon 
0.009, Sulfur 0.001, Nickel 99.97, Molybdenum 0.001, Iron 0.01, Copper 
0.001 for a combined total of 99.992. The second layer weight is 72%, 
specification 316L or UNS 513603, Carbon 0.02, Silicon 0.87, Manganese 
1.07, Phosphorus 0.033, Sulfur 0.001, Nickel 12.08, Chromium 17.81, 
Molybdenum 2.26, Iron 65.856 for a combined total of 100. The third 
layer is 14%, specification Ni201 or N02201, Carbon 0.01, Sulfur 0.001, 
Nickel 99.97, Molybdenum 0.001, Iron 0.01, Copper 0.001 for a combined 
total of 99.993. The weight average weight is 100%. The following is 
the weighted average: Carbon 0.01706, silicon 0.6264, Manganese 0.7704, 
Phosphorus 0.02376, Sulfur 0.001, Nickel 36.6892, Chromium 12.8232, 
Molybdenum 1.62748, Iron 47.41912, and Copper is 0.00028. The above-
described material sold as grade 316L and manufactured in accordance 
with UNS specification 531603. This material is classified at 
subheading 7219.90.00.20 of the Harmonized Tariff Schedule of the 
United States.

Comments

    In the preliminary results, we provided parties the opportunity to 
comment (65 FR 64424). On October 31, 2000, and again on November 1, 
2000 we received comments from counsel for Fuel Cell, Inc. and NIPPON 
requesting that the scope description in specification number two read 
as ``with a coil diameter of 458 millimeters to 540.'' The Department 
received additional comments from the Petitioners regarding NIPPON's 
request agreeing to the proposed amendments of the scope exclusion on 
November 14, 2000.

Final Results of Review and Partial Revocation of the Antidumping 
Duty Order

    The affirmative statement of no interest by petitioners concerning 
the nickel clad stainless steel sheet and strip in coils from Japan and 
the fact that no interested parties objected to our preliminary results 
of review, constitute changed circumstances sufficient to warrant 
partial revocation of the order. Therefore, the Department is partially 
revoking the order on stainless steel sheet and strip in coils with 
respect to the product described above, in accordance with sections 
751(b) and (d) and 782(h) of the Act and 19 CFR 351.222(g)(1)(i).
    The Department will instruct the Customs Service (Customs) to 
proceed with liquidation, without regard to antidumping duties, of any 
unliquidated entries of the merchandise subject to this request, as 
specifically described in the ``Scope of Changed Circumstance Review'' 
section above, and entered, or withdrawn from the warehouse, for 
consumption on or after January 4, 1999. The Department will further 
instruct Customs to refund with interest any estimated duties collected 
with respect to unliquidated entries of stainless steel sheet and strip 
in coils from Japan entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results of 
this changed circumstances review, in accordance with section 778 of 
the Act and 19 CFR 351.222(g)(4).
    This notice also serves as a final reminder to parties subject to 
administrative protection orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Failure to timely notify 
the Department in writing of the return/destruction of APO material is 
a sanctionable violation.
    This changed circumstances review, partial revocation of the 
antidumping duty order, and notice are in accordance with sections 
751(b) and (d) and 782(h) of the Act and sections 351.216, 
351.221(c)(3), and 351.222(g) of the Department's regulations.

    Dated: December 1, 2000.
Troy H. Cribb,
Assistant Secretary for Import Administration.
[FR Doc. 00-31636 Filed 12-11-00; 8:45 am]
BILLING CODE 3510-DS-P