[Federal Register Volume 67, Number 139 (Friday, July 19, 2002)]
[Notices]
[Pages 47522-47524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18297]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-401-807]


Notice of Final Determination of Sales at Less Than Fair Value: 
Certain Cold-Rolled Carbon Steel Flat Products from Sweden

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

EFFECTIVE DATE: July 19, 2002.

FOR FURTHER INFORMATION CONTACT: Jim Terpstra at (202) 482-3965 or Jim 
Neel at (202) 482-3146 AD/CVD Enforcement Office VI, Group II, Import 
Administration, Room 1870, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

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 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to Department of Commerce (Department) 
regulations refer to the regulations codified at 19 CFR part 351 (April 
2001).

Final Determination

    We determine that certain cold-rolled carbon steel flat products 
(cold-rolled steel) from Sweden are being sold, or are likely to be 
sold, in the United States at less than fair value (LTFV), as provided 
in section 733 of the Act. The estimated margins of sales at LTFV are 
shown in the Continuation of Suspension of Liquidation section of this 
notice.

Background

    On May 9, 2002, the Department published its preliminary 
determination in the above-captioned antidumping duty investigation. 
See Notice of Preliminary Determination of Sales at Less Than Fair 
Value: Certain Cold-Rolled Carbon Steel Flat Products From Sweden, 67 
FR 31251 (May 9, 2002) (Preliminary Determination). See also Notice of 
Initiation of Antidumping Duty Investigations: Certain Cold-Rolled

[[Page 47523]]

Carbon Steel Flat Products From Argentina, Australia, Belgium, Brazil, 
France, Germany, India, Japan, Korea, the Netherlands, New Zealand, the 
People's Republic of China, the Russian Federation, South Africa, 
Spain, Sweden, Taiwan, Thailand, Turkey, and Venezuela, 66 FR 54198 
(October 26, 2001) (Initiation Notice).
    We gave interested parties an opportunity to comment on the 
preliminary determination. Bohler-Uddeholm was the only party to submit 
case briefs in this proceeding, and all of these pertained to the scope 
segment of the investigation. All timely scope-related comments are on 
the record, but will be addressed in the Issues and Decision Memorandum 
for the Final Scope Rulings in the Antidumping Duty Investigations on 
Certain Cold-Rolled Carbon Steel Flat Products from Argentina, 
Australia, Belgium, Brazil, France, Germany, India, Japan, Korea, the 
Netherlands, New Zealand, the People's Republic of China, the Russian 
Federation, South Africa, Spain, Sweden, Taiwan, Thailand, Turkey, and 
Venezuela, and in the Countervailing Duty Investigations of Certain 
Cold-Rolled Carbon Steel Flat Products from Argentina, Brazil, France, 
and Korea (scope memorandum).
    On June 28, 2002, Bohler-Uddeholm submitted a case brief on the 
record of the investigation, however this brief contained only scope 
comments. The deadline for submitting case briefs with respect to scope 
issues was June 20, 2002 and rebuttal comments on scope were due June 
27, 2002. On July 3, the petitioners filed a request that the 
Department reject the June 28 Bohler-Uddeholm brief as untimely. 
Because Bohler-Uddeholm's June 28 submission contained only scope 
comments, we rejected the comments as untimely filed and did not retain 
it on the record of this proceeding. See the memo to the file regarding 
the Antidumping Duty Investigation of Certain Cold-Rolled Carbon Steel 
Flat Products from Sweden, dated July 2, 2002.
    The Department did not receive any comments regarding our 
preliminary determination.

Selection of Respondents

    Section 777A(c)(1) of the Act directs the Department to calculate 
individual dumping margins for each known exporter and producer of the 
subject merchandise. Where it is not practicable to examine all known 
producers/exporters of subject merchandise, section 777A(c)(2) of the 
Act permits the Department to investigate either (1) a sample of 
exporters, producers, or types of products that is statistically valid 
based on the information available at the time of selection, or (2) 
exporters and producers accounting for the largest volume of the 
subject merchandise that can reasonably be examined. Using company-
specific export data for the period of investigation (POI), based on 
the Harmonized Tariff Schedules of the United States (HTSUS) number 
that corresponds to the subject merchandise, we obtained information 
from a variety of sources and found that sixteen producers/exporters 
may have exported cold-rolled steel to the United States during the 
POI. According to data on the record, SSAB Svenskt Stal AB (SSAB) 
represented a significantly large percent of the imports during the 
POI. Due to limited resources, we determined that we could only 
investigate this one largest producer/exporter. See Respondent 
Selection Memo.
    We designated SSAB as the mandatory respondent and sent it the 
antidumping questionnaire. On December 7, 2001, SSAB stated that it did 
not intend to participate in this investigation. On December 7, 2001 we 
selected AB Sandvik Steel as a voluntary respondent pursuant to 19 CFR 
section 351.204(d)(2). See Preliminary Determination\1\, 67 FR at 
31253.
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    \1\ After Sandvik informed the Department that it would not 
participate in this investigation, Sandvik requested the removal of 
its submissions from the record of this proceeding. In a letter to 
Sandvik dated April 25, 2002, the Department certified the removal 
and destruction of all proprietary copies of Sandvik's questionnaire 
responses. Additionally, the Department informed Sandvik that its 
withdrawal from the investigation would result in the use of facts 
available pursuant to section 776 of the Act.
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Period of Investigation

    The POI is July 1, 2000, through June 30, 2001. This period 
corresponds to the four most recent fiscal quarters prior to the month 
of the filing of the petition (i.e., September 2001).

Scope of Investigation

    For purposes of this investigation, the products covered are 
certain cold-rolled (cold-reduced) flat-rolled carbon-quality steel 
products. A full description of the scope of this investigation is 
contained in the ``Scope Appendix'' attached to the Notice of Final 
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled 
Carbon Steel Flat Products from Australia, published concurrently with 
this notice. For a complete discussion of the comments received on the 
Preliminary Scope Rulings, see the scope memorandum dated July 10, 
2002, which is on file in the CRU.

Use of Facts Available (FA)

    In the Preliminary Determination, the Department applied total 
adverse facts available to the sole mandatory respondent SSAB and the 
one voluntary respondent, Sandvik. Specifically, the Department 
assigned the sole mandatory respondent and the one voluntary respondent 
the rate of 40.54 percent, the rate derived from the petition. See 
Preliminary Determination, 67 FR at 31253-54. The Department also 
applied the petition margin of 40.54 as the ``all others'' rate, as a 
result of no other rate being available. The interested parties did not 
object to the use of adverse facts available, nor to the Department's 
choice of facts available. For this final determination, we are 
continuing to apply total adverse facts available to SSAB and Sandvik.

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 the liquidation of 
all entries of certain cold-rolled steel from Sweden that are entered, 
or withdrawn from warehouse, for consumption on or after May 9, 2002, 
the date of publication of the Preliminary Determination in the Federal 
Register. See Notice of Preliminary Determination of Sales at Less Than 
Fair Value: Certain Cold-Rolled Carbon Steel Flat Products From Sweden, 
67 FR 31251 (May 9, 2002). The Customs Service shall continue to 
require a cash deposit or the posting of a bond equal to the weighted-
average dumping margin, as indicated in the chart below. These 
suspension of liquidation instructions will remain in effect until 
further notice.

------------------------------------------------------------------------
                Manufacturer/exporter                   Margin (percent)
------------------------------------------------------------------------
SSAB Svenskt Stal AB.................................              40.54
AB Sandvik Steel.....................................              40.54
All Others...........................................              40.54
------------------------------------------------------------------------

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 determine, within 45 days, 
whether these imports are causing material injury, or threat of 
material injury, to an industry in the United States. If the ITC 
determines that material injury, or threat of injury does not exist, 
the proceeding will be terminated and all securities posted will be 
refunded or cancelled. If the ITC determines that such injury does 
exist, the Department

[[Page 47524]]

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.

Notification Regarding APO

    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/
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 determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    DATED: July 10, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-18297 Filed 7-18-02; 8:45 am]
BILLING CODE 3510-DS-S