[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Notices]
[Pages 40914-40917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15101]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-830]


Stainless Steel Plate in Coils From Taiwan: Final Results and 
Rescission in Part of Antidumping Duty Administrative Review

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

[[Page 40915]]


ACTION: Notice of Final Results and Rescission in Part of Antidumping 
Duty Administrative Review.

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

SUMMARY: On June 19, 2001, the Department of Commerce (``Department'') 
published a notice of initiation of an antidumping duty administrative 
review on stainless steel plate in coils from Taiwan. This review 
covers two manufacturers/exporters of the subject merchandise, Yieh 
United Steel Corporation (``YUSCO''), a Taiwanese producer and exporter 
of subject merchandise, and Ta Chen Stainless Pipe Co., Ltd. (``Ta 
Chen''), a Taiwanese exporter of subject merchandise. The period of 
review (``POR'') is May 1, 2000 through April 30, 2001.
    On February 7, 2002, the Department preliminarily determined that 
YUSCO's antidumping rate be based on total adverse facts available due 
to YUSCO's failure to participate in this proceeding. Therefore, for 
YUSCO, we applied the highest margin rate applied to YUSCO determined 
in a prior segment of this proceeding. With respect to Ta Chen, we 
preliminarily rescinded this review based on record evidence supporting 
the conclusion that there were no entries into the United States of 
subject merchandise during the POR. See Stainless Steel Plate in Coils 
From Taiwan; Preliminary Results and Rescission in Part of Antidumping 
Duty Administrative Review, 67 FR 5789 (February 7, 2002) 
(``Preliminary Notice''). The Department is now publishing its final 
determination.
    Petitioners are Allegheny Ludlum, AK Steel Corporation, Butler 
Armco Independent Union, J&L Specialty Steel, Inc., North American 
Stainless, United Steelworkers of America, AFL-CIO/CLC, and Zanesville 
Armco Independent Organization herein called (``Petitioners'').

EFFECTIVE DATE: June 14, 2002.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Robert Bolling, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, DC 20230; telephone: (202) 482-1102 and (202) 482-3434 
respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    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. In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
regulations are to 19 CFR part 351 (2001).

Background

    On May 21, 1999, the Department of Commerce (``Department'') 
published the antidumping duty order on stainless steel plate in coils 
from Taiwan. See Antidumping Duty Orders; Certain Stainless Steel Plate 
in Coils From Belgium, Canada, Italy, the Republic of Korea, South 
Africa, and Taiwan, 64 FR 27756 (May 21, 1999). On May 1, 2001, the 
Department published a notice of opportunity to request an 
administrative review of this order for the period May 1, 2000 through 
April 30, 2001. See Antidumping or Countervailing Duty Order, Finding, 
or Suspended Investigation; Opportunity to Request Administrative 
Review, 66 FR 21740 (May 1, 2001). Petitioners timely requested that 
the Department conduct an administrative review of sales by YUSCO, a 
Taiwanese producer and exporter of subject merchandise, and Ta Chen, a 
Taiwanese exporter of subject merchandise. On June 19, 2001, in 
accordance with section 751(a) of the Act, the Department published in 
the Federal Register a notice of initiation of this antidumping duty 
administrative review of sales by YUSCO and Ta Chen for the period May 
1, 2000 through April 30, 2001. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocations 
in Part, 66 FR 32934 (June 19, 2001). On July 10, 2001, the Department 
issued its antidumping duty questionnaire to YUSCO and Ta Chen. On 
August 2, 2001, Ta Chen reported to the Department that it did not have 
any U.S. sales, shipments or entries of subject merchandise during the 
POR, and requested that it not be required to answer the Department's 
questionnaire. YUSCO did not respond to the Department's antidumping 
questionnaire.
    On February 7, 2002, the Department preliminarily determined that 
YUSCO's antidumping rate be based on total adverse facts available due 
to YUSCO's failure to participate in this proceeding. With respect to 
Ta Chen, we preliminarily rescinded this review based on record 
evidence and a Customs inquiry, both of which support the conclusion 
that there were no entries into the United States of subject 
merchandise during the POR. See Preliminary Notice, 67 FR 5790.
    On March 11, 2002, Petitioners filed their case brief. Respondents 
did not file case or rebuttal briefs. Neither Petitioners nor 
respondents requested a hearing in the instant review.

Scope of the Review

    For purposes of this review, the product covered is certain 
stainless steel plate 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 plate 
products are flat-rolled products, 254 mm or over in width and 4.75 mm 
or more in thickness, in coils, and annealed or otherwise heat treated 
and pickled or otherwise descaled. The subject plate may also be 
further processed (e.g., cold-rolled, polished, etc.) provided that it 
maintains the specified dimensions of plate following such processing. 
Excluded from the scope of this review are the following: (1) Plate not 
in coils, (2) plate that is not annealed or otherwise heat treated and 
pickled or otherwise descaled, (3) sheet and strip, and (4) flat bars. 
In addition, certain cold-rolled stainless steel plate in coils is also 
excluded from the scope of these orders. The excluded cold-rolled 
stainless steel plate in coils is defined as that merchandise which 
meets the physical characteristics described above that has undergone a 
cold-reduction process that reduced the thickness of the steel by 25 
percent or more, and has been annealed and pickled after this cold 
reduction process. The merchandise subject to this review is currently 
classifiable in the HTS at subheadings: 7219.11.00.30, 7219.11.00.60, 
7219.12.00.05, 7219.12.00.20, 7219.12.00.25, 7219.12.00.50, 
7219.12.00.55, 7219.12.00.65, 7219.12.0070, 7219.12.00.80, 
7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 
7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 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, 
7220.90.00.10, 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 written description of the merchandise under 
investigation is dispositive.

Period of Review

    The POR is May 1, 2000 through April 30, 2001.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in

[[Page 40916]]

the ``Issues and Decision Memorandum'' (``Issues and Decision 
Memorandum'') from Joseph A. Spetrini, Deputy Assistant Secretary, 
Import Administration, to Faryar Shirzad, Assistant Secretary for 
Import Administration, dated June 7, 2002, which is hereby adopted by 
this notice. A list of the issues which parties have raised and to 
which we have responded, all of which are in the Decision Memorandum, 
is attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum which is on file in the 
Central Records Unit, Room B-099 of the main Department building. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn/frnhome.htm. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Facts Available

    Section 776(a)(2) of the Act provides that if an interested party 
withholds information that has been requested by the Department, fails 
to provide such information in a timely manner or in the form 
requested, significantly impedes a proceeding under the antidumping 
statute, or provides information that cannot be verified, the 
Department shall use facts available in reaching the applicable 
determination. In selecting from among the facts otherwise available, 
section 776(b) of the Act authorizes the Department to use an adverse 
inference if the Department finds that a party has failed to cooperate 
by not acting to the best of its ability to comply with requests for 
information. See also The Statement of Administrative Action to the 
URAA, H. Doc. 103-316 (1994) at 870 (``SAA'') (further discussing the 
application of adverse facts available).
    For the final results, in accordance with section 776(a)(2) of the 
Act, we have determined that the use of facts available is appropriate 
for YUSCO. We confirmed that YUSCO received, but failed to respond to, 
the Department's questionnaire. Because YUSCO has failed to provide any 
information for our review on the record, we have therefore applied 
total facts available to the record for YUSCO.
    As noted above, in selecting facts otherwise available, pursuant to 
section 776(b) of the Act, the Department may use an adverse inference 
if the Department finds that an interested party, such as YUSCO in this 
case, failed to cooperate by not acting to the best of its ability to 
comply with requests for information. YUSCO has not acted to the best 
of its ability in this administrative review, failing to fully 
cooperate with the Department and respond to our questionnaire. 
Consistent with Department practice in cases where a respondent fails 
to cooperate to the best of its ability, and in keeping with section 
776(b)(3) of the Act, as adverse facts available we have applied a 
margin based on the highest margin from this or any prior segment of 
the proceeding. See Elemental Sulphur From Canada: Final Results of 
Antidumping Duty Administrative Review, 65 FR 77567 (December 12, 
2000).
    The Department notes that while the highest margin calculated 
during this or any prior segment of the proceeding is 10.20 percent, 
this margin represents a combined rate applied in a channel transaction 
in the investigation based on middleman dumping by Ta Chen, which is 
not present in the instant case. Where circumstances indicate that a 
particular margin is not appropriate as adverse facts available, the 
Department will disregard the margin and determine another, more 
appropriate one as facts available. See Fresh Cut Flowers from Mexico; 
Final Results of Antidumping Duty Administrative Review, 61 FR 6812, 
6814 (February 22, 1996) (where the Department disregarded the highest 
margin for use as adverse facts available because the margin was based 
on another company's uncharacteristic business expense, resulting in an 
unusually high margin). Because the middleman dumping calculated margin 
would be inappropriate, given that the record indicates that none of 
YUSCO's exports to the United States during the POR involved a 
middleman, the Department has applied the highest margin from any 
segment of the proceeding for YUSCO's exports to the U.S. without a 
middleman, which is 8.02 percent, the petition rate in the less-than-
fair-value (LTFV) investigation.
    Section 776(c) of the Act requires the Department to corroborate, 
to the extent practicable, secondary information used as facts 
available. Secondary information is described in the SAA as 
``[i]nformation derived from the petition that gave rise to the 
investigation or review, the final determination concerning the subject 
merchandise, or any previous review under section 751 concerning the 
subject merchandise.'' SAA at 870. The SAA further provides that 
``corroborate'' means simply that the Department will satisfy itself 
that the secondary information to be used has probative value. Id at 
870. Thus, to corroborate secondary information, to the extent 
practicable, the Department will examine the reliability and relevance 
of the information used.
    In the investigation, the Department determined that the petition 
margin was fully corroborated by examining the key elements of the U.S. 
price and normal value calculations on which the petition margin was 
based, and then comparing the sources used in the petition to YUSCO's 
reported sales databases. Notice of Final Determination of Sales at 
Less Than Fair Value: Stainless Steel Plate in Coils From Taiwan, 64 FR 
15493, 15497 (March 31, 1999). This petition rate was applied to YUSCO 
in the investigation. For purposes of this administrative review, we 
have reviewed the petition and information on the administrative 
record, and found no reason to believe that the reliability of this 
information should be called into question. Further, the Department 
finds the administrative record of this review does not contain 
information which indicates that the application of the petition rate 
would be inappropriate in the instant review. Therefore, we find that 
the petition rate is sufficiently reliable and relevant to YUSCO for 
the present review.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an 
administrative review, in whole or only with respect to a particular 
exporter or producer, if the Secretary concludes that,during the period 
covered by the review, there were no entries, exports, or sales of the 
subject merchandise, as the case may be. As discussed above, in this 
case the Department is satisfied, after a review of information on the 
record and a Customs inquiry, that there were no entries of stainless 
steel plate in coils produced or exported from Ta Chen during the POR. 
Therefore, we have decided to rescind this review with respect to Ta 
Chen in accordance with 19 CFR 351.213(d)(3). The cash-deposit rate for 
YUSCO/Ta Chen\1\ will remain as established in the original less-than-
fair-value investigation.
---------------------------------------------------------------------------

    \1\ In those situations where Ta Chen is determined by the 
Department to be engaged in middleman dumping with YUSCO's subject 
merchandise, the Department will apply a rate which combines both 
YUSCO's and Ta Chen's cash deposit rates consistent with 19 CFR 
351.107(b) and as explained in the Department's Position section of 
Comment 1 of the Issues and Decision Memorandum.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    We have made no changes from the preliminary determination.

[[Page 40917]]

Final Results of Review

    We determine that the following percentage margin exists for the 
period May 1, 2000 through April 30, 2001:

------------------------------------------------------------------------
               Stainless Steel Plate in Coils from Taiwan
-------------------------------------------------------------------------
            Manufacturer/exporter/reseller              Margin (percent)
------------------------------------------------------------------------
YUSCO................................................               8.02
------------------------------------------------------------------------

    The Department shall determine, and U.S. Customs Service shall 
assess, antidumping duties on all appropriate entries. The Department 
will issue appraisement instructions directly to the U.S. Customs 
Service. For duty-assessment purposes, we will instruct Customs to 
assess the rate indicated above against the entered value of the 
subject merchandise entered during the period of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of the final results of this administrative 
review for all shipments of stainless steel plate in coils from Taiwan 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(1) of the Act: (1) 
The cash deposit rate for YUSCO will be the rate listed above, unless 
YUSCO's subject merchandise is exported to the United States through Ta 
Chen. If YUSCO's subject merchandise is exported to the United States 
through Ta Chen, then Customs should continue to apply a cash deposit 
rate of 10.20 percent; (2) for previously reviewed or 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, a prior review, or 
the original less-than-fair-value (LTFV) 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 the ``all others'' rate of 7.39 percent, which is the 
all others rate established in the LTFV investigation.These deposit 
requirements shall remain in effect until publication of the final 
results of the next administrative review.

Notification of Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This issuing and publishing this determination in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: June 7, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix

A. Issues with Respect to YUSCO
1.Adverse Facts Available for YUSCO and YUSCO's Subject Merchandise
B. Issues with Respect to Ta Chen
2.Total Adverse Facts Available Rate of 10.20 percent Ad Valorem to Ta 
Chen's Subject Merchandise
[FR Doc. 02-15101 Filed 6-13-02; 8:45 am]
BILLING CODE 3510-DS-S