[Federal Register Volume 69, Number 113 (Monday, June 14, 2004)]
[Notices]
[Pages 32984-32986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13326]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-829]


Stainless Steel Bar from Italy: Final Results of Antidumping Duty 
Administrative Review

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

ACTION: Notice of final results of 2001-2003 administrative review.

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SUMMARY: On February 5, 2004, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on stainless steel bar from Italy. The period of review is 
August 2, 2001, through February 28, 2003. We gave interested parties 
an opportunity to comment on the preliminary results. Based on our 
analysis of the comments received and an examination of our 
calculations, we have made certain changes for the final results. The 
final weighted-average dumping margins for the two manufacturer/
exporters are listed below in the ``Final Results of the Review'' 
section of this notice.

EFFECTIVE DATE: June 14, 2004.

FOR FURTHER INFORMATION CONTACT: Blanche Ziv, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-4207.

SUPPLEMENTARY INFORMATION:

Background

    Since the publication of the preliminary results in this review 
(see Stainless Steel Bar from Italy: Preliminary Results of Antidumping 
Duty Administrative Review, 69 FR 5488 (February 5, 2004) 
(``Preliminary

[[Page 32985]]

Results'')), the following events have occurred:
    We invited parties to comment on the preliminary results of the 
review. On March 9, 2004, Carpenter Technology Corp., Crucible 
Specialty Metals Division of Crucible Materials Corp., Electralloy 
Corp., Slater Steels Corp., Empire Specialty Steel and the United 
Steelworkers of America (AFL-CIO/CLC) (collectively, ``petitioners''), 
filed a case brief. On March 15, 2004, the respondent Foroni S.p.A. 
(``Foroni'') filed a rebuttal brief. At the request of the Department, 
the petitioners filed a revised case brief on March 19, 2004.

Scope of the Order

    For the 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 have 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), angles, shapes 
and sections.
    The stainless steel bar subject to this order 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 the order is dispositive.

Period of Review

    The period of this review (``POR'') is August 2, 2001, through 
February 28, 2003.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the ``Issues and Decision Memorandum'' 
from Jeffrey May, Deputy Assistant Secretary, Import Administration to 
James J. Jochum, Assistant Secretary, Import Administration, dated June 
4, 2004 (``Decision Memorandum''), which is hereby adopted by this 
notice. Attached to this notice as an appendix is a list of the issues 
which parties have raised and to which we have responded in the 
Decision Memorandum. 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 Department's Central 
Records Unit (``CRU''). In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Facts Otherwise Available

    Section 776(a)(2) of the Tariff Act of 1930, as amended (``the 
Act''), provides that the Department shall apply ``facts otherwise 
available'' if, inter alia, a respondent (A) withholds information that 
has been requested; (B) fails to provide information within the 
deadlines established, or in the form or manner requested by the 
Department, subject to subsections (c)(1) and (e) of Section 782; (C) 
significantly impedes a proceeding; or (D) provides information that 
cannot be verified.
    As discussed in the Preliminary Results, Ugine Savoie-Imphy S.A. 
(``Ugine'') did not respond to the Department's questionnaire. For the 
reasons stated in the Preliminary Results (69 FR at 5489), we continue 
to find that the use of adverse facts available is appropriate in this 
review. As noted in the Preliminary Results, Ugine has failed to 
cooperate to the best of its ability by not responding to the 
Department's antidumping questionnaires. As adverse facts available, we 
have assigned Ugine a margin of 33.00 percent for the final results, 
the highest margin from any segment of the proceeding, which is also 
the highest margin alleged in the petition, in accordance with section 
776(b)(1) of the Act.

Fair Value Comparisons

    To determine whether sales of stainless steel bar by Foroni to the 
United States were made at less than normal value (``NV''), we 
compared, as appropriate, constructed export price (``CEP'') to NV. Our 
calculations followed the methodologies described in the Preliminary 
Results, except as noted below and in the final results calculation 
memoranda cited below, which are on file in the CRU.

Changes from the Preliminary Results

    For Foroni, in our calculation of NV, we have adjusted the 
financial expense factor. See Memorandum from Blanche Ziv to the File, 
``Final Results Calculation Memorandum for Foroni S.p.A. and Foroni 
Metals of Texas,'' dated June 4, 2004 (``Final Calc Memo''); Memorandum 
to Neal Halper from LaVonne Clark, ``Cost of Production and Constructed 
Value Calculation Adjustments for the Final Results,'' dated June 4, 
2004; and Decision Memorandum, at Comment 3. We revised Foroni's U.S. 
indirect selling expenses to include property taxes. See Final Calc 
Memo and Decision Memorandum, at Comment 1. We also corrected clerical 
errors in the calculation program that resulted in an understatement of 
CEP profit. See Final Calc Memo and Decision Memorandum, at Comment 5.

Final Results of the Review

    We determine that the following percentage margins exist for the 
period August 2, 2001, through February 28, 2003:

------------------------------------------------------------------------
                                                       Weighted-average
                Exporter/manufacturer                  margin percentage
------------------------------------------------------------------------
Foroni S.p.A. and Foroni Metals of Texas............                4.03
Ugine Savoie-Imphy S.A..............................               33.00
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. In accordance with 19 C.F.R. Sec.  351.212(b)(1), 
we have calculated importer (or customer)-specific assessment rates for 
merchandise subject to this review. To determine whether the duty 
assessment rates were de minimis (i.e., at or above 0.5 percent), in 
accordance with the requirement set forth in 19 C.F.R. Sec.  
351.106(c)(1), we calculated importer (or customer)-specific ad valorem 
rates by aggregating the dumping margins calculated for all

[[Page 32986]]

U.S. sales to that importer (or customer) and dividing this amount by 
the entered value of the sales to that importer (or customer). Where an 
importer (or customer)-specific ad valorem rate is greater than de 
minimis, we will apply the assessment rate to the entered value of the 
importer's/customer's entries during the review period.
    The Department will issue appropriate assessment instructions 
directly to CBP within 15 days of publication of these final results of 
review.

Cash Deposit Rates

    The following antidumping duty deposits will be required on all 
shipments of stainless steel bar from Italy entered, or withdrawn from 
warehouse, for consumption, effective on or after the publication date 
of the final results of this administrative review, as provided by 
section 751(a)(1) of the Act: (1) for Bedini, because its estimated 
weighted-average final dumping margin established in the Notice of 
Final Determination of Sales at Less Than Fair Value: Stainless Steel 
Bar from Italy, 67 FR 3155 (January 23, 2002), as amended, 67 FR 8288 
(February 22, 2002) (``LTFV Investigation'') was de minimis, no 
antidumping duty deposit will be required on merchandise produced and 
exported by Bedini; (2) the cash deposit rates for the reviewed 
companies will be the rates listed above (except no cash deposit will 
be required if a company's weighted-average margin is de minimis, i.e., 
less than 0.5 percent); (3) for previously reviewed or investigated 
companies not listed above, the cash deposit rate will continue to be 
the company-specific rate published for the most recent period; (4) if 
the exporter is not a firm covered in this review, the previous review, 
or the original investigation, but the manufacturer is, for 
manufacturers other than Bedini, the cash deposit rate will be the rate 
established for the most recent period for the manufacturer of the 
merchandise; and (5) if neither the exporter nor the manufacturer is a 
firm covered in this or any previous reviews, or an exporter without 
its own rate is exporting Bedini merchandise, the cash deposit rate 
will be 3.81 percent, the ``all others'' rate established in the LTFV 
Investigation.
    These cash deposit requirements shall remain in effect until 
publication of the final results of the next administrative review.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 C.F.R. Sec.  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 antidumping duties occurred and the 
subsequent assessment of doubled antidumping duties.

Notification Regarding APOs

    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 C.F.R. Sec.  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.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 4, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Issues and Decision Memorandum

Comment 1: Foroni S.p.A's Indirect Selling Expenses
Comment 2: Foroni's Director's Fees and Auditor's Fees in its Reported 
Cost Data
Comment 3: Foroni's Financial Expense Ratio
Comment 4: Additional Adjustments to Foroni's Cost Data
Comment 5: Understatement of Foroni's Constructed Export Price Profit
Comment 6:Total Adverse Facts Available for Ugine Savoie-Imphy S.A.
Comment 7:Collapsing of Ugine and Trafilerie Bedini S.p.A.
[FR Doc. 04-13326 Filed 6-10-04; 8:45 am]
BILLING CODE 3510-DS-S