[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Notices]
[Pages 64352-64353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26608]



[[Page 64352]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-808]


Stainless Steel Plate in Coils From Belgium; Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 7, 2002, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of its administrative review of the antidumping duty order on stainless 
steel plate in coils from Belgium (67 FR 39354). This review covers 
imports of subject merchandise from ALZ, N.V. (ALZ) and its affiliated 
U.S. importer TrefilARBED, Inc. (TrefilARBED). The period of review 
(``POR'') is May 1, 2000 through April 30, 2001.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results differ 
from the preliminary results of review. The final weighted-average 
dumping margin is listed below in the section entitled ``Final Results 
of the Review.''

EFFECTIVE DATE: October 18, 2002.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon at (202) 482-0162, 
Javier Barrientos at (202) 482-2243, or Brett Royce at (202) 482-4106, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Applicable Statute & Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the Tariff Act of 1930 (the Act), as amended. In 
addition, unless otherwise indicated, all citations to the Department's 
regulations are to the regulations codified at 19 CFR part 351 (2001).

Background

    Since the issuance of the preliminary results of review, (see 
Stainless Steel Plate in Coils From Belgium: Preliminary Results of 
Antidumping Duty Administrative Review, 67 FR 39354 (June 7, 2002) 
(``Preliminary Results'')), the following events have occurred. On July 
8, 2002, we received a timely written case brief from Allegheny Ludlum, 
Corp., AK Steel Corporation, Butler Armco Independent Union, North 
American Stainless, Zanesville Armco Independent Union, and the United 
Steelworkers of America, AFL-CIO/CLC (collectively, petitioners). On 
July 9, 2002, we received a timely written case brief from the 
respondent ALZ and its affiliated U.S. importer TrefilARBED.\1\ On July 
16, 2002, we received a timely rebuttal brief from the respondent. We 
have now completed the administrative review in accordance with section 
751 of the Act.
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    \1\ On July 8, 2002, the Department received the ``non-final'' 
business proprietary version of respondent's case brief. The 
following day, July 9, 2002, respondent submitted the ``final'' 
business proprietary version.
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Scope of the Antidumping Duty Order

    The product covered by this order 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 order 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 order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTSUS) at 
subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 
7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 
7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 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 HTSUS 
subheadings are provided for convenience and Customs purposes, the 
written description of the scope of this order is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memorandum'') from Joseph A. Spetrini, Deputy 
Assistant Secretary, Import Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated October 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. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes in 
the margin calculations. The changes are listed below:
    [sbull] We added Billing Adjustment 2 to U.S. price;
    [sbull] For the purpose of deriving CEP profit, we deducted billing 
adjustments from both home market and U.S. price;
    [sbull] We did not deduct indirect selling expenses incurred in 
Belgium for U.S. sales from U.S. price;
    [sbull] We have reallocated U.S. warranty expenses reported by 
TrefilARBED at verification on a CONNUM-specific basis.

Final Results of Review

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

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
ALZ, N.V...................................................         3.84
------------------------------------------------------------------------

Assessment

    The Department will determine, and the U.S. Customs Service 
(Customs) shall assess, antidumping duties on all appropriate entries. 
In accordance with 19 CFR 351.212(b)(1), we have calculated an 
importer-specific

[[Page 64353]]

assessment rate for merchandise subject to this review. The Department 
will issue appropriate assessment instructions directly to Customs 
within 15 days of publication of these final results of review. We will 
direct Customs to assess the resulting assessment rates against the 
entered Customs values for the subject merchandise on each of the 
importer's entries during the review period.

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 Belgium 
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 the reviewed company will be the rate listed 
above; (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 9.86 
percent, which is the ``all others'' rate established in the LTFV 
investigation (see Notice of Final Determination of Sales at Less Than 
Fair Value: Stainless Steel Plate in Coil From Belgium, 64 FR 15476 
(March 31, 1999)). These deposit requirements shall remain in effect 
until publication of the final results of the next administrative 
review.

Notification of Interested Parties

    This notice also 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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 771(i) of the Act.

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

Appendix

List of Issues

Comment 1: U.S. Billing Adjustment 2
Comment 2: CEP Profit Calculation
Comment 3: Indirect Selling Expenses
Comment 4: Date of Sale
Comment 5: Warranty Expenses

[FR Doc. 02-26608 Filed 10-17-02; 8:45 am]
BILLING CODE 3510-DS-P