[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Pages 60357-60359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2556]


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DEPARTMENT OF COMMERCE

International Trade Administration


Stainless Steel Sheet and Strip in Coils from France; Final 
Results of the Expedited Sunset Review of the Antidumping Duty Order

[A-427-814]

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

ACTION: Notice of Final Results of Expedited Sunset Review of the 
Antidumping Duty Order on Stainless Steel Sheet and Strip in Coils from 
France.

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SUMMARY: On June 1, 2004, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on stainless steel sheet and strip in coils (``SSSSC'') from France 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). On the basis of a notice of intent to participate and an 
adequate substantive response filed on behalf of domestic interested 
parties and inadequate responses from respondent interested parties, 
the Department conducted an expedited (120-day) sunset review. As a 
result of this sunset review, the Department finds that revocation of 
the antidumping duty order would be likely to lead to continuation or 
recurrence of dumping. The dumping margins are identified in the Final 
Results of Review section of this notice.

EFFECTIVE DATE: October 8, 2004.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., Office of 
Policy for Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-4340.

SUPPLEMENTARY INFORMATION:

Background:

    On June 1, 2004, the Department published the notice of initiation 
of the sunset review of the antidumping duty order on SSSSC from 
France.\1\ On June 16, 2004, the Department received a Notice of Intent 
to Participate from Nucor Corporation; Allegheny Ludlum Corporation; 
North American Stainless; the United Steelworkers of America, AFL-CIO; 
the local 3303 United Auto Workers; and Zanesville Armco Independent 
Organization, Inc. (collectively ``domestic interested parties'') 
within the deadline specified in section 351.218(d)(1)(i) of the 
Department's regulations. The domestic interested parties claimed 
interested party status under section 771(9)(C) and (D) of the Act, as 
domestic manufacturers of SSSSC or certified unions whose workers are 
engaged in the production of SSSSC in the United States. On July 1, 
2004, the Department received a complete substantive response 
collectively from the domestic interested parties within the deadline 
specified in section 351.218(d)(3)(i) of the Department's regulations. 
We received a waiver of participation from Ugine & ALZ France. As a 
result, pursuant to section 751(c)(3)(B) of the Act and section 
351.218(e)(1)(ii)(C)(2) of the Department's regulations, the Department 
determined to conduct an expedited review of this order.
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 69 FR 
30874 (June 1, 2004)(``Initiation Notice'').
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Scope of the Order

    For purposes of this review, the products covered are certain 
stainless steel sheet and strip 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 sheet and strip is a flat-rolled product in coils that is 
greater than 9.5 mm in width and less than 4.75 mm in thickness, and 
that is annealed or otherwise heat treated and pickled or otherwise 
descaled. The subject sheet and strip may also be further processed 
(e.g., cold-rolled, polished, aluminized, coated, etc.) provided that 
it maintains the specific dimensions of sheet and strip following such 
processing. The merchandise subject to this order is currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(``HTS'') at subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071, 
7219.1300.81\2\, 7219.14.0030, 7219.14.0065, 7219.14.0090, 
7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 
7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.33.0005, 7219.33.0020, 
7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 
7219.33.0044, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 
7219.34.0035, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 
7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 
7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 
7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 
7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 
7220.20.7080, 7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010, 
7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTS 
subheadings are provided for convenience and customs purposes, the 
Department's written description of the merchandise under review is 
dispositive.
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    \2\ Due to changes to the HTS numbers in 2001, 7219.13.0030, 
7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031, 
7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively.
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    Excluded from the review of this order are the following: (1) sheet 
and strip that is not annealed or otherwise heat treated and pickled or 
otherwise descaled, (2) sheet and strip that is cut to length, (3) 
plate (i.e., flat-rolled stainless steel products of a thickness of 
4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a 
prepared edge, rectangular in shape, of a width of not more than 9.5 
mm), and (5) razor blade steel. Razor blade steel is a flat-rolled 
product of stainless steel, not

[[Page 60358]]

further worked than cold-rolled (cold- reduced), in coils, of a width 
of not more than 23 mm and a thickness of 0.266 mm or less, containing, 
by weight, 12.5 to 14.5 percent chromium, and certified at the time of 
entry to be used in the manufacture of razor blades. See chapter 72 of 
the HTS, ``Additional U.S. Note'' 1(d). Flapper valve steel is also 
excluded from the scope of the order. This product is defined as 
stainless steel strip in coils containing, by weight, between 0.37 and 
0.43 percent carbon, between 1.15 and 1.35 percent molybdenum, and 
between 0.20 and 0.80 percent manganese. This steel also contains, by 
weight, phosphorus of 0.025 percent or less, silicon of between 0.20 
and 0.50 percent, and sulfur of 0.020 percent or less. The product is 
manufactured by means of vacuum arc remelting, with inclusion controls 
for sulphide of no more than 0.04 percent and for oxide of no more than 
0.05 percent. Flapper valve steel has a tensile strength of between 210 
and 300 ksi, yield strength of between 170 and 270 ksi, plus or minus 8 
ksi, and a hardness (Hv) of between 460 and 590. Flapper valve steel is 
most commonly used to produce specialty flapper valves in compressors. 
Also excluded is a product referred to as suspension foil, a specialty 
steel product used in the manufacture of suspension assemblies for 
computer disk drives. Suspension foil is described as 302/304 grade or 
202 grade stainless steel of a thickness between 14 and 127 microns, 
with a thickness tolerance of plus-or-minus 2.01 microns, and surface 
glossiness of 200 to 700 percent Gs. Suspension foil must be supplied 
in coil widths of not more than 407 mm, and with a mass of 225 kg or 
less. Roll marks may only be visible on one side, with no scratches of 
measurable depth. The material must exhibit residual stresses of 2 mm 
maximum deflection, and flatness of 1.6 mm over 685 mm length. Certain 
stainless steel foil for automotive catalytic converters is also 
excluded from the scope of this order. This stainless steel strip in 
coils is a specialty foil with a thickness of between 20 and 110 
microns used to produce a metallic substrate with a honeycomb structure 
for use in automotive catalytic converters. The steel contains, by 
weight, carbon of no more than 0.030 percent, silicon of no more than 
1.0 percent, manganese of no more than 1.0 percent, chromium of between 
19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of 
no more than 0.045 percent, sulfur of no more than 0.03 percent, 
lanthanum of less than 0.002 or greater than 0.05 percent, and total 
rare earth elements of more than 0.06 percent, with the balance iron. 
Permanent magnet iron-chromium-cobalt alloy stainless strip is also 
excluded from the scope of this order. This ductile stainless steel 
strip contains, by weight, 26 to 30 percent chromium, and 7 to 10 
percent cobalt, with the remainder of iron, in widths 228.6 mm or less, 
and a thickness between 0.127 and 1.270 mm. It exhibits magnetic 
remanence between 9,000 and 12,000 gauss, and a coercivity of between 
50 and 300 oersteds. This product is most commonly used in electronic 
sensors and is currently available under proprietary trade names such 
as ``Arnokrome III.''\3\ Certain electrical resistance alloy steel is 
also excluded from the scope of this order. This product is defined as 
a non-magnetic stainless steel manufactured to American Society of 
Testing and Materials (ASTM) specification B344 and containing, by 
weight, 36 percent nickel, 18 percent chromium, and 46 percent iron, 
and is most notable for its resistance to high temperature corrosion. 
It has a melting point of 1390 degrees Celsius and displays a creep 
rupture limit of 4 kilograms per square millimeter at 1000 degrees 
Celsius. This steel is most commonly used in the production of heating 
ribbons for circuit breakers and industrial furnaces, and in rheostats 
for railway locomotives. The product is currently available under 
proprietary trade names such as ``Gilphy 36.''\4\ Certain martensitic 
precipitation-hardenable stainless steel is also excluded from the 
scope of this order. This high-strength, ductile stainless steel 
product is designated under the Unified Numbering System (UNS) as 
S45500-grade steel, and contains, by weight, 11 to 13 percent chromium, 
and 7 to 10 percent nickel. Carbon, manganese, silicon and molybdenum 
each comprise, by weight, 0.05 percent [[Page 69381]] or less, with 
phosphorus and sulfur each comprising, by weight, 0.03 percent or less. 
This steel has copper, niobium, and titanium added to achieve aging, 
and will exhibit yield strengths as high as 1700 Mpa and ultimate 
tensile strengths as high as 1750 Mpa after aging, with elongation 
percentages of 3 percent or less in 50 mm. It is generally provided in 
thicknesses between 0.635 and 0.787 mm, and in widths of 25.4 mm. This 
product is most commonly used in the manufacture of television tubes 
and is currently available under proprietary trade names such as 
``Durphynox 17.''\5\ Finally, three specialty stainless steels 
typically used in certain industrial blades and surgical and medical 
instruments are also excluded from the scope of this order. These 
include stainless steel strip in coils used in the production of 
textile cutting tools (e.g., carpet knives).\6\ This steel is similar 
to AISI grade 420 but containing, by weight, 0.5 to 0.7 percent of 
molybdenum. The steel also contains, by weight, carbon of between 1.0 
and 1.1 percent, sulfur of 0.020 percent or less, and includes between 
0.20 and 0.30 percent copper and between 0.20 and 0.50 percent cobalt. 
This steel is sold under proprietary names such as ``GIN4 Mo.'' The 
second excluded stainless steel strip in coils is similar to AISI 420-
J2 and contains, by weight, carbon of between 0.62 and 0.70 percent, 
silicon of between 0.20 and 0.50 percent, manganese of between 0.45 and 
0.80 percent, phosphorus of no more than 0.025 percent and sulfur of no 
more than 0.020 percent. This steel has a carbide density on average of 
100 carbide particles per 100 square microns. An example of this 
product is ``GIN5'' steel. The third specialty steel has a chemical 
composition similar to AISI 420 F, with carbon of between 0.37 and 0.43 
percent, molybdenum of between 1.15 and 1.35 percent, but lower 
manganese of between 0.20 and 0.80 percent, phosphorus of no more than 
0.025 percent, silicon of between 0.20 and 0.50 percent, and sulfur of 
no more than 0.020 percent. This product is supplied with a hardness of 
more than Hv 500 guaranteed after customer processing, and is supplied 
as, for example, ``GIN6''\7\.
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    \3\ ``Arnokrome III'' is a trademark of the Arnold Engineering 
Company.
    \4\ ``Gilphy 36'' is a trademark of Imphy, S.A.
    \5\ ``Durphynox 17'' is a trademark of Imphy, S.A.
    \6\ This list of uses is illustrative and provided for 
descriptive purposes only.
    \7\ ``GIN4 Mo,'' ``GIN5,'' and ``GIN6'' are the proprietary 
grades of Hitachi Metals America, Ltd.
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Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to James J. 
Jochum, Assistant Secretary for Import Administration, dated September 
29, 2004, which is hereby adopted by this notice. The issues discussed 
in the Decision Memo include the likelihood of continuation or 
recurrence of dumping and the magnitude of the margins likely to 
prevail if the order were to be revoked. Parties can find a complete 
discussion of all issues raised in this review and the corresponding

[[Page 60359]]

recommendations in this public memorandum which is on file in room B-
099 of the main Commerce Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the 
heading ``October 2004.'' The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty order on SSSSC 
from France would be likely to lead to continuation or recurrence of 
dumping at the following weighted-average percentage margins:

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                                                       Weighted Average
          Manufacturers/Exporters/Producers            Margin (percent)
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Ugine & ALZ France, S.A.............................        9.38 percent
All Others..........................................        9.38 percent
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    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: September 29, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-2556 Filed 10-7-04; 8:45 am]
BILLING CODE 3510-DS-S