[Federal Register Volume 69, Number 75 (Monday, April 19, 2004)]
[Notices]
[Pages 20859-20861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8802]


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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 December 16, 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 69998 (December 16, 
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, 2002 through 
April 30, 2003.
    We preliminarily rescinded this review based on record evidence 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.

[[Page 20860]]


EFFECTIVE DATE: April 19, 2004.

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand or Lilit 
Astvatsatrian, 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) 482-6412, respectively.

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 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 the Department to conduct an 
administrative review of sales by YUSCO and Ta Chen, producers and 
exporters of subject merchandise in Taiwan. 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 Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 68 FR 39055 
(July 1, 2003).
    On July 3, 2003, the Department issued its antidumping duty 
questionnaire to YUSCO and Ta Chen. On August 19, 2003, Ta Chen 
certified that it did not have any U.S. sales or exports of subject 
merchandise during the POR, and requested to be excluded from the 
review. On August 20, 2003, YUSCO certified that it did not have any 
U.S. sales, shipments or entries of subject merchandise during the POR. 
On August 21, 2003, petitioners alleged that Ta Chen and YUSCO are 
affiliated with other companies that may have shipped subject 
merchandise to the United States during the POR and requested the 
Department to instruct Ta Chen and YUSCO to submit a completed Section 
A questionnaire response. 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, Canada, Italy, the Republic 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. See Scope of the Review below.
    On December 16, 2003, the Department preliminary rescinded the 
administrative review with respect to Ta Chen and YUSCO based on record 
evidence and the CBP inquiry, both of which it determined supported the 
conclusion that there were no entries of subject merchandise during the 
POR. See Preliminary Rescission. On January 15, 2004, petitioners filed 
a case brief. Neither respondent filed a case brief nor rebuttal brief 
in this review. In addition, neither petitioners nor respondents 
requested a hearing in the instant review.

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 CBP 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,

[[Page 20861]]

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 CBP 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.

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 April 13, 2004, which is hereby adopted by this notice. 
Petitioners argue that the Department should, at minimum, obtain 
section A questionnaire responses from respondents which would inform 
the Department of their affiliated parties, definition of subject 
merchandise and otherwise create a substantiated record. 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, does not support 
conducting an administrative review when the evidence on the record 
indicates that respondents had no entries of subject merchandise during 
the POR. Pursuant to 19 CFR 351.213(d)(3), 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. Furthermore, to the extent that petitioners 
believe affiliated parties should be reviewed, section 19 CFR 
351.213(b)(1) specifically states that requests for administrative 
reviews from the domestic parties must specify the name of the 
individual exporter or producer covered by an antidumping duty order. 
As the Court of Appeals for the Federal Circuit affirmed in Floral 
Trade Council v. United States, 888 F. 2d 1366, 1369 (Fed. Cir. 1989), 
petitioners have the minimum burden of naming and selecting the proper 
party to be reviewed. Petitioners did not request a review of these 
specific, named ``affiliates'' in this case.
    A complete list of the issues which petitioners 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 since the Preliminary Rescission of this 
review.

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 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)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: April 13, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.

Appendix I--List of Issues for Discussion

A. Issues with Respect to Ta Chen and YUSCO

    Comment 1: Section A Questionnaire from Ta Chen and YUSCO
    Comment 2: Review of the Affiliated Parties

[FR Doc. 04-8802 Filed 4-16-04; 8:45 am]
BILLING CODE 3510-DS-P