[Federal Register Volume 68, Number 216 (Friday, November 7, 2003)]
[Notices]
[Pages 63067-63069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28126]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-830]


Stainless Steel Plate in Coils from Taiwan: Final Rescission of 
Antidumping Duty Administrative Review

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

ACTION: Notice of the Final Rescission of Antidumping Duty 
Administrative Review of Stainless Steel Plate in Coils from Taiwan.

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SUMMARY: On June 4, 2003, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary 
rescission of its administrative review of the antidumping duty order 
on stainless steel plate in coils from Taiwan. See Notice of the 
Preliminary Rescission of Antidumping Duty Administrative Review of 
Stainless Steel Plate in Coils from Taiwan, 68 FR 33472 (June 4, 2003) 
(``Preliminary Recession''). This review covers two manufacturers of 
the subject merchandise, Yieh United Steel Corporation (``YUSCO''), a 
Taiwanese producer of subject merchandise, and Ta Chen Stainless Pipe 
Co., Ltd. (``Ta Chen''), also a Taiwanese producer of subject 
merchandise. The period of review (``POR'') is May 1, 2001 through 
April 30, 2002.
    We preliminarily rescinded this review based on record evidence 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 by respondents. See 
Preliminary Rescission. We are now issuing our final rescission of this 
review based on evidence on the record indicating that there were no 
entries into the United States of subject merchandise during the POR 
from the respondents.

EFFECTIVE DATE: November 7, 2003.

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand or Robert Bolling, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-3207 or (202) 482-3434 
respectively.

SUPPLEMENTARY INFORMATION:

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 6, 2002, the 
Department published a notice of opportunity to request an 
administrative review of this order for the period May 1, 2001 through 
April 30, 2002. See Notice of Opportunity to Request Administrative 
Review of Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation, 67 FR 30356 (May 6, 2002). On May 7, 2002, 
Petitioners\1\ timely requested that the Department conduct an 
administrative review of sales by YUSCO, a Taiwan producer and exporter 
of subject merchandise, and Ta Chen, also a Taiwan producer and 
exporter of subject merchandise. On June 25, 2002, in accordance with 
section 751(a) of the Tariff Act of 1930 as amended (``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, 2001 through April 30, 2002. See Notice of 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 67 FR 42753 (June 25, 
2002).
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    \1\ Allegheny Ludlum, AK Steel Corporation, Butler Armco 
Independent Union, United Steelworkers of America, AFL-CIO/CLC, and 
Zanesville Armco Independent Organization are collectively 
``Petitioners'' for this review.
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    On July 10, 2002, the Department issued its antidumping duty

[[Page 63068]]

questionnaire to YUSCO and Ta Chen. On July 15, 2002, Ta Chen stated 
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. On July 18, 2002, YUSCO stated 
that it did not have any U.S. sales, shipments or entries of subject 
merchandise during the POR. On October 8, 2002, the Department sent an 
inquiry to the U.S. Customs and Border Protection (``Customs'') to 
confirm that YUSCO and Ta Chen had no shipments of subject merchandise 
into the United States during the POR.
    On June 4, 2003, the Department preliminary rescinded the 
administrative review with respect to Ta Chen and YUSCO based on record 
evidence and the Customs inquiry, both of which it determined supported 
the conclusion that there were no entries of subject merchandise during 
the POR. See Preliminary Rescission. On August 15, 2003, Petitioners 
filed a case brief. Respondents did not file case briefs. On August 21, 
2003, Respondent YUSCO filed a rebuttal brief. Respondent Ta Chen did 
not file a rebuttal brief. 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, 2001 through April 30, 2002.

Analysis of Comments Received

    All issues raised in the case brief and rebuttal brief 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, Group III, 
to James J. Jochum, Assistant Secretary for Import Administration, 
dated November 3, 2003, which is hereby adopted by this notice. 
Petitioners argue that the administrative review should not be 
rescinded because the Department failed to examine the affiliates of 
YUSCO and did not require Ta Chen to link its POR sales to pre-
suspension entries. Respondent YUSCO argues that the administrative 
review should be rescinded because evidence on the record supports the 
conclusion that YUSCO had no entries during the POR. We have determined 
to rescind this administrative review because the Department's 
interpretation of its statute and regulations, as affirmed by the Court 
of Appeals for the Federal Circuit, supports not conducting a 
administrative review when the evidence on the record indicates that 
respondents had no entries of subject merchandise during the POR. This 
interpretation is further supported by the fact that the Department has 
determined that there have been no entries of respondent's merchandise 
since before the suspension of liquidation, which leads the Department 
to determine that merchandise resold by respondents during the POR did 
not constitute subject merchandise.
    A complete list of the issues which parties have raised and to 
which we have responded, are in the Decision Memorandum which 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/summary/list.htm. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final 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. In this case the 
Department is satisfied, after a review of information on the record, 
that there were no entries of stainless steel plate in coils produced 
and exported from Ta Chen or YUSCO during the POR. Therefore, we are 
rescinding this review with respect to Ta Chen and YUSCO in accordance 
with 19 CFR 351.213(d)(3). The cash deposit rate for YUSCO will remain 
at 8.02 percent, for Ta Chen the cash deposit rate will remain at 10.20 
percent, and for ``all other'' producers/exporters of the subject 
merchandise the cash deposit rate will remain at 7.39 percent, the 
rates established in the most recently completed segment of this 
proceeding. See Notice of Final Results and Rescission in Part of 
Antidumping Duty Administrative Review: Stainless Steel Plate in Coils 
From Taiwan, 67 FR 40914 (June 14, 2002). These deposit requirements 
shall remain in effect until publication of the final results of the 
next administrative review

Changes Since the Preliminary Rescission

    We have made no changes from the Preliminary Rescission.

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

[[Page 63069]]

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: November 3, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.

APPENDIX I

LIST OF ISSUES FOR DISCUSSION

A. Issues with Respect to Ta Chen

Comment 1: Examining Alleged Middleman Dumping of Ta Chen
Comment 2: Commerce's Rescission Policy

B. Issues with Respect to YUSCO

Comment 3: YUSCO's Affiliated Parties
Comment 4: Alleged Error in the Selection of the Cash Deposit Rate

C. Issues with Respect to Ta Chen and YUSCO

Comment 5: Placing Information on the Record
[FR Doc. 03-28126 Filed 11-6-03; 8:45 am]
BILLING CODE 3510-DS-S