[Federal Register Volume 68, Number 47 (Tuesday, March 11, 2003)]
[Notices]
[Pages 11520-11521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5891]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-808, A-122-830, A-475-822, A-580-831, A-791-805, A-583-830]


Notice of Amended Antidumping Duty Orders; Certain Stainless 
Steel Plate in Coils From Belgium, Canada, Italy, the Republic of 
Korea, South Africa, and Taiwan

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

ACTION: Notice of amended antidumping duty orders.

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EFFECTIVE DATE: March 11, 2003.

FOR FURTHER INFORMATION CONTACT: Robert Bolling at (202) 482-3434 or 
Robert James at (202) 482-0649, Antidumping and Countervailing Duty 
Enforcement Group III, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

Background

    On May 21, 1999, the Department published in the Federal Register 
the antidumping duty orders on certain stainless steel plate in coils 
(stainless steel plate) from Belgium, Canada, Italy, the Republic of 
Korea, South Africa, and 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) 
(Antidumping Duty Orders).
    Respondents appealed the affirmative material injury findings of 
the International Trade Commission (the Commission) with respect to 
hot-rolled stainless steel plate. The Court of International Trade (the 
Court) affirmed those findings in Acciai Speciali Terni v. United 
States, 118 F. Supp. 2d 1298 (CIT 2000).
    The Commission's negative material injury determination with 
respect to cold-rolled stainless steel plate was the subject of a 
separate appeal. The Court upheld the Commission's determination in 
Allegheny Ludlum Corp. v. United States, 116 F. Supp 2d 1276 (CIT 
2000). However, on a subsequent appeal to the Court of Appeals for the 
Federal Circuit, the Federal Circuit vacated the Court's decision and 
remanded for proceedings not inconsistent with its decision.
    On remand the Commission reversed its original negative injury 
findings with respect to cold-rolled stainless steel plate and 
``determined that an industry in the United States is materially 
injured by reason of imports of certain stainless steel plate from 
Belgium, Canada, Italy, Korea, South Africa and Taiwan * * *'' Certain 
Stainless Steel Plate From Belgium, Canada, Italy, Korea, South Africa, 
and Taiwan; Notice of Final Court Decision Affirming Remand 
Determinations, 68 FR 8925 (February 26, 2003). On December 12, 2002, 
the Court affirmed the remand redetermination as ``being in accordance 
with the Court's remand order.'' Id. at 8926. The result of this 
decision is to include both hot-rolled and cold-rolled stainless steel 
plate in coils within the scope of these orders.
    As there was no timely appeal of the Court's order to the Federal 
Circuit, the judicial proceedings have ended. Therefore, we are 
amending the scope of the antidumping duty orders to remove the 
original language which excluded cold-rolled stainless steel plate in 
coils, in accordance with the Court's final decision. See Antidumping 
Duty Orders. This amendment did not require any changes in the HTS 
subheadings listed below in the ``Scope of the Orders'' section.

Scope of the Orders

    The product covered by these orders 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 these orders 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.
    The merchandise subject to this review is currently classifiable in 
the Harmonized Tariff Schedule of the United States (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, 7219.12.00.70, 7219.12.00.80,

[[Page 11521]]

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 subject to these 
orders is dispositive.

Amended Antidumping Duty Orders and Suspension of Liquidation

    In accordance with section 736(a)(1) of the Tariff Act, the 
Department will direct Customs officers to assess, upon further advice 
by the Department, antidumping duties equal to the amount by which the 
normal value of the merchandise exceeds the export price (or 
constructed export price) of the merchandise for all relevant entries 
of stainless steel plate in coils, as described in the ``Scope of the 
Orders'' section above, from Belgium, Canada, Italy, Korea, South 
Africa and Taiwan. These antidumping duties will be assessed on all 
unliquidated entries of stainless steel plate in coils, other than 
cold-rolled stainless steel plate in coils, from Belgium, Canada, 
Italy, Korea, South Africa and Taiwan entered, or withdrawn from 
warehouse, for consumption on or after November 4, 1998, the date on 
which the Department published its notices of preliminary determination 
in the Federal Register (63 FR 59524 through 59544).
    Furthermore, effective the date of publication of this notice, we 
will instruct the Customs service to require cash deposits on all 
entries of cold-rolled stainless steel plate in coils, as well as other 
stainless steel plate in coils subject to these orders, in accordance 
with the Court's December 12, 2002 opinion in Allegheny Ludlum v. 
United States.
    For unreviewed producers, and for ``All Others,'' the applicable 
weighted-average margins are those established in the original final 
determinations. For those producers that have been reviewed the 
applicable weighted-average margins are those established in the 
investigation or the most recently completed final results of an 
antidumping administrative review, as noted below:

------------------------------------------------------------------------
  Producer/manufacturer/exporter             Cash deposit rate
------------------------------------------------------------------------
Belgium:
    ALZ, N.V.....................  3.84% (67 FR 64352)
    All Others...................  9.86%
Canada:
    Atlas Stainless Steel (Sammi   15.35%
     Atlas).
    All Others...................  11.10%
Italy:
    ThyssenKrupp Acciai Speciali   0.00% (67 FR 63618)
     Terni SpA (TKAST).
    All Others...................  39.69%
Republic of Korea:
    Pohang Iron & Steel Co., Ltd.  1.19% (66 FR 64017)
    All Others...................  6.08%
South Africa:
    Columbus Stainless...........  37.77% \1\
    All Others...................  77%1 \1\
Taiwan:
    Yieh United Steel Corporation  8.02% (67 FR 40914)
     (YUSCO).
    YUSCO/ Ta Chen...............  10.20%
    All Others...................  7.39%
------------------------------------------------------------------------
\1\ In accordance with section 772(c)(1)(C) of the Tariff Act the cash
  deposit rate for South Africa has been reduced by 3.86 percent to
  account for export subsidies found in the concurrent countervailing
  duty investigation (See Final Affirmative Countervailing Duty
  Determination: Stainless Steel Plate in Coils From South Africa, 63 FR
  15553, March 31, 1999), Antidumping Duty Orders, and Memorandum to
  Bernard Carreau, ``Ministerial Error Allegations * * * in the Final
  Determination of the Countervailing Duty Investigation of Certain
  Stainless Steel Wire Rod [sic] from South Africa,'' April 30, 1999.

    Customs officers must require, at the same time as importers would 
normally deposit estimated duties on this merchandise, cash deposits 
equal to the rates presently in effect. This notice constitutes the 
amended antidumping duty orders with respect to certain stainless steel 
plate in coils from Belgium, Canada, Italy, Korea, South Africa and 
Taiwan. Interested parties may contact the Department's Central Records 
Unit, room B-099 of the main Commerce building, for copies of an 
updated list of antidumping duty orders currently in effect.
    These amended orders are published in accordance with section 
736(a) of the Tariff Act of 1930, as amended.

    Dated: March 5, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-5891 Filed 3-10-03; 8:45 am]
BILLING CODE 3510-DS-P