[Federal Register Volume 66, Number 57 (Friday, March 23, 2001)]
[Notices]
[Pages 16175-16176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7315]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-856, A-580-846, A-469-810]


Notice of Final Determinations of Sales at Less Than Fair Value: 
Stainless Steel Angle From Japan, Korea, and Spain

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

ACTION: Notice of final determinations.

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EFFECTIVE DATE: March 23, 2001.

FOR FURTHER INFORMATION CONTACT: Jarrod Goldfeder (Japan) at (202) 482-
0189, Brian Smith (Korea) at (202) 482-1766, Minoo Hatten (Spain) at 
(202) 482-1690, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

Final Determinations

    We determine that stainless steel angles (``SSA'') from Japan, 
Korea, and Spain are being, or are likely to be, sold in the United 
States at less-than-fair-value (``LTFV'') prices, as provided in 
section 735 of the Tariff Act of 1930, as amended (``the Act''). The 
estimated margins of sales at LTFV are shown in the ``Suspension of 
Liquidation'' section of this notice.

The Applicable Statute

    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 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 
refer to 19 CFR part 351 (2000).

Case History

    The preliminary determinations in these investigations were issued 
on January 8, 2001. See Notice of Preliminary Determinations of Sales 
at Less Than Fair Value: Stainless Steel Angle from Japan, Korea, and 
Spain, 66 FR 2880 (January 12, 2001) (``Preliminary Determinations''). 
No briefs were filed in these investigations commenting on the 
Preliminary Determinations.

Scope of Investigations

    For purposes of these investigations, the term ``stainless steel 
angles'' includes hot-rolled, whether or not annealed or descaled, 
stainless steel products of equal leg length angled at 90 degrees, that 
are not otherwise advanced. The stainless steel angle subject to these 
investigations is currently classifiable under subheadings 
7222.40.30.20 and 7222.40.30.60 of the Harmonized Tariff Schedules of 
the United States (``HTSUS''). Specifically excluded from the scope of 
these investigations is stainless steel angle of unequal leg length. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of these investigations 
is dispositive.

[[Page 16176]]

Period of Investigation

    The period of these investigations (``POI'') is August 1, 1999, 
through July 31, 2000.

Facts Available

    In the Preliminary Determinations, the Department based the dumping 
margins for the exporters in the three SSA cases (i.e., companies to 
which the Department issued the antidumping questionnaire) on facts 
otherwise available, pursuant to section 776(a)(2) of the Act. These 
following exporters received company-specific rates: Daido Steel Co., 
Ltd. (``Daido''), Aichi Steel Corporation (``Aichi''), and Sumitomo 
Metal Industries, Ltd., (``Sumitomo'') (respondents in the SSA case 
from Japan); Bae Myung Metal Co., Ltd. (``Bae Myung'') and SK Global 
Co., Ltd. (``SK Global'') (respondents in the SSA case from Korea); 
Roldan, S.A. (``Roldan'') (respondent in the SSA case from Spain).
    The use of facts otherwise available was required because the 
record for each SSA case did not contain company-specific information, 
given the respondents' failure in each SSA case to respond to the 
Department's antidumping questionnaire. See Preliminary Determinations, 
64 FR at 2883. For purposes of the Preliminary Determinations, the 
Department also found that, in each SSA case, each of the respondents 
failed to cooperate by not acting to the best of its ability to comply 
with the Department's request for information within the meaning of 
section 776(b) of the Act. Accordingly, the Department determined to 
use an adverse inference in selecting from among the facts otherwise 
available. See id. Specifically, the Department assigned to the 
respondents in these cases the highest margins alleged in the petition 
or as recalculated by the Department, which were corroborated as 
required by section 776(c) of the Act (see id.). Following the 
Preliminary Determinations, interested parties did not file any 
comments and have not objected either to the Department's decision to 
use adverse facts available for the respondents in these investigations 
or to the Department's choice of facts available. Accordingly, for the 
reasons discussed in the Preliminary Determinations, for these final 
determinations the Department is continuing to apply adverse facts 
available to each of the respondents in each case and to use the 
highest margins alleged in the petition or as recalculated by the 
Department for the respondents in these cases. See, e.g., Notice of 
Final Determination of Sales at Less Than Fair Value: Certain 
Expandable Polystyrene Resins from Indonesia, 65 FR 69285 (November 16, 
2000). In addition, the Department has left unchanged from the 
Preliminary Determinations the ``All Others Rate'' in each SSA case, 
which is the average of all the rates provided in the petition or in 
amendments to the petition.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service to continue to suspend all entries of SSA 
from Japan, Korea, and Spain that are entered, or withdrawn from 
warehouse, for consumption on or after January 12, 2001, the date of 
publication of our Preliminary Determinations. The Customs Service 
shall require a cash deposit or the posting of a bond equal to the 
dumping margins, as indicated in the chart below. These instructions 
will remain in effect until further notice. The dumping margins for 
each LTFV proceeding are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                                                                margin
                                                              percentage
------------------------------------------------------------------------
Exporter/Manufacturer (Japan):
  Daido....................................................       114.51
  Aichi....................................................       114.51
  Sumitomo.................................................       114.51
  All Others...............................................        70.48
Exporter/Manufacturer (Korea):
  Bae Myung................................................        99.56
  SK Global................................................        99.56
  All Others...............................................        40.21
Exporter/Manufacturer (Spain):
  Roldan...................................................        61.45
  All Others...............................................        24.32
------------------------------------------------------------------------

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (``ITC'') of our final determinations. 
As our final determinations are 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 such injury does exist, the Department will issue antidumping duty 
orders directing the Customs Service 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 notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return or 
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.
    These determinations are published pursuant to sections 735(d) and 
777(i)(1) of the Act.

    Dated: March 16, 2001.
Timothy J. Hauser,
Acting Under Secretary for International Trade.
[FR Doc. 01-7315 Filed 3-22-01; 8:45 am]
BILLING CODE 3510-DS-P