[Federal Register Volume 68, Number 241 (Tuesday, December 16, 2003)]
[Notices]
[Pages 69998-70000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31015]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-830]


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

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

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

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SUMMARY: On July 1, 2003, the Department of Commerce (``Department'') 
published a notice of initiation of an antidumping duty administrative 
review on stainless steel plate in coils from Taiwan. See Notice of 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part (``Notice of Initiation'') 
68 FR 39055 (July 1, 2003). This review covers two manufacturers/
exporters of the subject merchandise, Yieh United Steel Corporation 
(``YUSCO''), a Taiwan producer and exporter of subject merchandise, and 
Ta Chen Stainless Pipe Co., Ltd. (``Ta Chen''), a Taiwan producer and 
exporter of subject merchandise. The period of review (``POR'') is May 
1, 2002 through April 30, 2003. We are preliminarily rescinding 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: December 16, 2003.

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand or Lilit 
Astvatsatrian, Enforcement Group III, Office 9, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue, NW., Washington, DC 20230, telephone 202-482-3207 
or 202-482-6412, 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 1, 2003, the 
Department published a notice of opportunity to request an 
administrative review of this order for the period May

[[Page 69999]]

1, 2002 through April 30, 2003. See Notice of Opportunity to Request 
Administrative Review of Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation, 68 FR 23281 (May 1, 2003). On May 
30, 2003, 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, a Taiwan producer and 
exporter of subject merchandise. On July 1, 2003, 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, 2002 through April 30, 2003. See Notice of 
Initiation.
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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 3, 2003, the Department issued its antidumping duty 
questionnaire to YUSCO and Ta Chen. On August 19, 2003, Ta Chen stated 
that it did not have any U.S. sales or exports of subject merchandise 
during the POR, and requested that it should be excluded from answering 
the Department's questionnaire. On August 20, 2003, YUSCO stated that 
it did not have any U.S. sales, shipments or entries of subject 
merchandise during the POR. On August 21, 2003, petitioners urged the 
Department to instruct Ta Chen and YUSCO to submit a completed Section 
A questionnaire response and alleged that Ta Chen and YUSCO are 
affiliated with other companies that may have shipped subject 
merchandise to the United States during the POR. On September 8, 2003, 
we sent an inquiry to U.S. Customs and Border Protection (``CBP'') to 
confirm that YUSCO and Ta Chen had no shipments of subject merchandise 
into the United States during the POR. CBP did not indicate that there 
were any entries of subject merchandise by Ta Chen or YUSCO during the 
POR.
    On March 11, 2003, the Department amended the scope of the 
antidumping duty orders to remove the original language from the scope 
which excluded cold-rolled stainless steel plate in coils, in 
accordance with the Court of International Trade's (``CIT'') decision 
in Allegheny Ludlum Corp. v. United States, 287 F.3d 1365 (Fed. Cir. 
2000). See Notice of Amended Antidumping Duty Orders: Certain Stainless 
Steel Plate in Coils from Belgium, Cananda, Italy, the Republid of 
Korea, South Africa, and Taiwan, 68 FR 11520, (March 11, 2003) (``Scope 
of the Review''). Therefore, the new scope was effective March 11, 
2003. SeeScope of the Review below.

Scope of the Review

Effective: May 1, 2002 through March 10, 2003

    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 petition 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 Harmonized Tariff Schedule of the United States (HTS) at 
subheadings: 7219110030, 7219110060, 7219120005, 7219120020, 
7219120025, 7219120050, 7219120055, 7219120065, 7219120070, 7219120080, 
7219310010, 7219900010, 7219900020, 7219900025, 7219900060, 7219900080, 
7220110000, 7220201010, 7220201015, 7220201060, 7220201080, 7220206005, 
7220206010, 7220206015, 7220206060, 7220206080, 7220900010, 7220900015, 
7220900060, and 7220900080. Although the HTS subheadings are provided 
for convenience and Customs purposes, the written description of the 
merchandise under investigation is dispositive.
    Effective March 11, 2003, and in accordance with the CIT's December 
12, 2002 opinion in Allegheny Ludhum Corp. v. United States, the scope 
of the order is as stated below:

Effective: March 11, 2003 through April 30, 2003

    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, 7219.12.00.06, 
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 HTS 
subheadings are provided for convenience and Customs purposes, the 
written description of the merchandise subject to these orders is 
dispositive.

Period of Review

    The POR is May 1, 2002 through April 30, 2003.

Preliminary Rescission of Review in Part

    Pursuant to 19 CFR 351.213(d)(3) of the Department's regulations, 
the Department may rescind an administrative review, in whole or 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. Both Ta Chen and 
YUSCO certified on the record that they did not export subject 
merchandise to the United States during the POR. The Department

[[Page 70000]]

then conducted a CBP inquiry. The result of the CBP inquiry affirmed Ta 
Chen and YUSCO's claims that there were no entries of subject 
merchandise during the POR.
    Petitioners allege Ta Chen and YUSCO were affiliated with other 
Taiwanese companies during the POR. See Petitioners submission to the 
Department, dated August 21, 2003. However, the Department has 
preliminarily determined to rescind this administrative review absent 
evidence of any entries during the POR. The parties being reviewed in 
this case are Ta Chen and YUSCO, not the other parties which have been 
alleged to be affiliated with Ta Chen and YUSCO. Neither the 
petitioners nor any other party requested an administrative review of 
Ta Chen's or YUSCO's alleged affiliates. Therefore, absent entries, 
there is no reason for the Department to conduct an affiliation 
analysis. If the petitioners believe in future periods of review that 
other parties potentially affiliated with Ta Chen and YUSCO have 
exported subject merchandise to the United States, then a review 
covering those subsequent periods of reviews for those companies should 
be requested.
    The Department is satisfied, after a review of information on the 
record, certification from YUSCO and Ta Chen of no exports to the 
United States during the POR and the inquiry on data from CBP, that 
there were no entries of Ta Chen and YUSCO's stainless steel plate in 
coils during the POR to the United States. Therefore, the Department is 
preliminarily rescinding this administrative review. 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, 68 FR 63067 (November 7, 
2003).Pursuant to 19 CFR 351.309, interested parties may submit written 
comments in response to this preliminary rescission. Case briefs must 
be submitted within 30 days after the date of publication of this 
notice and rebuttal briefs, limited to arguments raised in the case 
briefs, must be submitted no later than 7 days after the time limit for 
filing case briefs. Case and rebuttal briefs must be served on 
interested parties in accordance with 19 CFR 351.303(f).
    This administrative review and notice is published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 9, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-31015 Filed 12-15-03; 8:45 am]
BILLING CODE 3510-DS-S