[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Notices]
[Pages 58660-58661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25772]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-820, A-428-830, A-475-829, A-580-847, A-412-822]


Notice of Amended Antidumping Duty Orders: Stainless Steel Bar 
From France, Germany, Italy, Korea, and the United Kingdom

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

ACTION: Notice of amended antidumping duty orders.

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EFFECTIVE DATE: October 10, 2003.

FOR FURTHER INFORMATION CONTACT: Andrew Smith or John Brinkmann, (202) 
482-1276 or (202) 482-4126, respectively; Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230.

Summary

    The Department of Commerce is amending its antidumping duty orders 
in these investigations to bring them into compliance with section 
733(d) of the Tariff Act of 1930, as amended. Specifically, these 
antidumping duty orders are amended to state that the suspension of 
liquidation ordered in the preliminary determinations in these 
investigations shall be discontinued for subject merchandise entered on 
or after January 29, 2002, through March 7, 2002.

Scope of Order

    For purposes of this order, the term ``stainless steel bar'' 
includes articles of stainless steel in straight lengths that have been 
either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise 
cold-finished, or ground, having a uniform solid cross section along 
their whole length in the shape of circles, segments of circles, ovals, 
rectangles (including squares), triangles, hexagons, octagons, or other 
convex polygons. Stainless steel bar includes cold-finished stainless 
steel bars that are turned or ground in straight lengths, whether 
produced from hot-rolled bar or from straightened and cut rod or wire, 
and reinforcing bars that have indentations, ribs, grooves, or other 
deformations produced during the rolling process.
    Except as specified above, the term does not include stainless 
steel semi-finished products, cut length flat-rolled products (i.e., 
cut length rolled products which if less than 4.75 mm in thickness have 
a width measuring at least 10 times the thickness, or if 4.75 mm or 
more in thickness having a width which exceeds 150 mm and measures at 
least twice the thickness), products that have been cut from stainless 
steel sheet, strip or plate, wire (i.e., cold-formed products in coils, 
of any uniform solid cross section along their whole length, which do 
not conform to the definition of flat-rolled products), and angles, 
shapes and sections.
    The stainless steel bar subject to this investigation is currently 
classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 
7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 
7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of 
the United States (``HTSUS''). Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of this investigation is dispositive.

Background

    On August 2, 2001, the Department of Commerce (``the Department'') 
preliminarily determined that stainless steel bar from France, Germany, 
Italy, Korea, and the United Kingdom was being sold in the United 
States at less than fair value (``LTFV''), as provided in section 
735(a) of the Tariff Act of 1930, as amended (``the Act''). See 66 FR 
40201 (August 2, 2001) for France; 66 FR 40208 (August 2, 2001) for 
Germany; 66 FR 40214 (August 2, 2001) for Italy; 66 FR 40222 (August 2, 
2001) for Korea; 66 FR 40192 (August 2, 2001) for the United Kingdom 
(collectively ``the SSBar Preliminary Determinations'')
    Due to scheduling problems evolving from the events of September 
11, 2001, the Department tolled the final determination deadlines in 
these investigations until January 15, 2002. On January 15, 2002, the 
Department determined that stainless steel bar from France, Germany, 
Italy, Korea, and the United Kingdom was being sold in the United 
States at LTFV, as provided in section 735(a) of the Act. See 67 FR 
3143 (January 23, 2002) for France; 67 FR 3159 (January 23, 2002) for 
Germany; 67 FR 3155 (January 23, 2002) for Italy; 67 FR 3149 (January 
23, 2002) for Korea; 67 FR 3146 (January 23, 2002) for the United 
Kingdom (collectively ``the SSBar Final Determinations''). The 
Department subsequently amended the

[[Page 58661]]

final determination of the antidumping duty investigation of stainless 
steel bar from Germany to correct ministerial errors. See 67 FR 10382 
(March 7, 2002).
    On February 28, 2002, the International Trade Commission (``ITC'') 
notified the Department of its final determinations pursuant to Section 
735(b)(1)(A)(i) of the Act that an industry in the United States is 
materially injured by reason of LTFV imports of subject merchandise 
from France, Germany, Italy, Korea, and the United Kingdom. The ITC 
published its final affirmative injury determination on March 8, 2002. 
See 67 FR 10756 (March 8, 2002). Accordingly, the Department issued 
Antidumping Duty Orders in which it directed the U.S. Bureau of Customs 
and Border Protection (``BCBP'') to assess, upon further advice by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeded the export price or constructed 
export price of the merchandise for all relevant entries of stainless 
steel bar from France, Germany, Italy, Korea, and the United Kingdom. 
See 67 FR 10385 (March 7, 2002) for France; 67 FR 10382 (March 7, 2002) 
for Germany; 67 FR 10384 (March 7, 2002) for Italy; 67 FR 10381 for 
Korea; 67 FR 10381 (March 7, 2002) for the United Kingdom (collectively 
``the SS Bar AD Orders''). The Department directed the BCBP to assess 
antidumping duties on all unliquidated entries of imports of the 
subject merchandise that are entered, or withdrawn from warehouse, for 
consumption on or after August 2, 2001, the date on which the 
Department published its SS Bar Preliminary Determinations in the 
Federal Register.

Amended Antidumping Duty Orders

    The SS Bar Orders incorrectly stated that antidumping duties will 
be assessed on all unliquidated entries of imports of the subject 
merchandise that are entered, or withdrawn from warehouse, for 
consumption on or after August 2, 2001, the date on which the 
Department published its notices of affirmative preliminary 
determinations in the Federal Register. Section 733(d) of the Act 
states that instructions issued pursuant to an affirmative preliminary 
determination ``may not remain in effect for more than 4 months'' 
except where, as was the case in these investigations, ``exporters 
representing a significant proportion of exports of the subject 
merchandise, extend that 4-month period to not more than 6 months.'' In 
these SS Bar investigations, January 29, 2002, is 6 months from the 
date of publication of the SS Bar Preliminary Determinations. 
Furthermore, section 737 of the Act states that definitive duties are 
to begin on the date of publication of the ITC's final injury 
determination, March 8, 2002. Accordingly, except as otherwise noted 
below, the SS Bar AD Orders are amended to state that:
    These antidumping duties will be assessed on all unliquidated 
entries of stainless steel bar from France, Germany, Italy, Korea, and 
the United Kingdom entered, or withdrawn from warehouse, for 
consumption on or after August 2, 2001, the date of the publication of 
the SS Bar Preliminary Determinations in the Federal Register. In 
accordance with section 733(d) of the Act, we will instruct the BCBP to 
terminate the suspension of liquidation and to liquidate, without 
regard to antidumping duties, unliquidated entries of stainless steel 
bar from France, Germany, Italy, Korea and the United Kingdom entered, 
or withdrawn from warehouse, for consumption on or after January 29, 
2002, through and including March 7, 2002. Suspension of liquidation 
will continue on or after March 8, 2002.
    Any liquidation instructions issued to the BCBP will exclude 
entries that have been enjoined from liquidation. Therefore, 
instructions will not be issued covering enjoined entries of stainless 
steel bar from Italy and the United Kingdom, until either the 
conclusion of the ongoing litigation with respect to the final 
determination, pursuant to which these entries have been enjoined from 
liquidation, or the injunction in those cases are lifted or amended to 
allow liquidation of those entries. See Slater Steels Corp. v. United 
States, Consol. Court. No. 02-00189; Corus Engineering Steels Ltd. v. 
United States, Court No. 02-00283.
    This notice constitutes the amended antidumping duty order with 
respect to stainless steel bar from France, Germany, Italy, Korea, and 
the United Kingdom, pursuant to section 736(a) of the Act. Interested 
parties may contact the Department's CRU for copies of an updated list 
of antidumping duty orders currently in effect.
    This amended order is published in accordance with section 736(a) 
of the Act and 19 CFR 351.211.

    Dated: October 3, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-25772 Filed 10-9-03; 8:45 am]
BILLING CODE 3510-DS-P