[Federal Register Volume 69, Number 239 (Tuesday, December 14, 2004)]
[Notices]
[Pages 74495-74497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3641]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-423-808


Stainless Steel Plate in Coils from Belgium: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On June 10, 2004, the Department of Commerce (the Department) 
published the preliminary results of its administrative review of the 
antidumping duty order on certain stainless steel plate in coils from 
Belgium. See Stainless Steel Plate in Coils from Belgium: Preliminary 
Results of Antidumping Duty Administrative Review, 69 FR 32501 (June 
10, 2004) (Preliminary Results). The review covers shipments of this 
merchandise to the United States during the period from May 1, 2002, 
through April 30, 2003, by Ugine & ALZ, N.V. Belgium (U&A Belgium).
    We gave interested parties an opportunity to comment on our 
preliminary results. Based on our analysis of the comments received, we 
have made changes to the preliminary results. For the final dumping 
margins see the ``Final Results of Review'' section below.

EFFECTIVE DATE: December 14, 2004.

FOR FURTHER INFORMATION CONTACT: Elfi Blum or Toni Page at (202) 482-
0197 or (202) 482-1398, respectively; AD/CVD,

[[Page 74496]]

Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 10, 2004, the Department published the preliminary results 
of its administrative review of the antidumping duty order on certain 
stainless steel plate in coils from Belgium. See Preliminary Results. 
In the Preliminary Results, we determined that U.S. sales had been made 
below normal value (NV). We gave interested parties an opportunity to 
comment on our preliminary results. On October 27, 2004, we received 
case briefs from Allegheny Ludlum, AK Steel Corporation, Butler Armco 
Independent Union, United Steelworkers of America, AFL-CIO/CLC, and 
Zanesville Armco Independent Organization (Petitioners) and U&A Belgium 
(Respondent). On November 3, 2004, both parties filed rebuttal briefs. 
Neither party requested a hearing. The Department has now completed 
this review in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act).

Scope of the Antidumping Duty Order

    Effective March 11, 2003, in accordance with Allegheny Ludlum Corp. 
v. United States, 287 F.3d 1365 (Fed. Cir. 2002) remanded to CIT No. 
99-06-00361, slip op. 2002-147 (CIT Dec. 12, 2002), and 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), the scope of this order was 
amended. Therefore, for purposes of this review, two separate scopes 
were in effect. These scopes are set forth below. Respondent has 
appropriately reported only those U.S. sales during the relevant period 
covered by each scope.

Scope of Order from May 1, 2002, through March 10, 2003

    The product covered by this order 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 order 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 this order. 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 order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTSUS) 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 HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
scope of this order is dispositive.

Scope of Order On or After March 11, 2003

    The product covered by this order 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 order 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 order is currently classifiable in 
the HTSUS 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 HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise subject to these orders is 
dispositive.

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by U&A Belgium for use in our final results. We 
used standard verification procedures, including on-site examination of 
relevant accounting and production records and original source 
documents provided by U&A Belgium. Additionally, we verified the 
information provided by U&A Belgium's U.S. subsidiaries, TrefilARBED 
and Arcelor Stainless U.S.A. Our verification results are outlined in 
the Memorandum to The File Through Maureen Flannery from Scot Fullerton 
and Elfi Blum: Sales and Cost Verification of Ugine & ALZ Belgium, N.V. 
in the Antidumping Administrative Review of Stainless Steel Plate in 
Coils (SSPC) from Belgium (October 6, 2004) (U&A Belgium Verification 
Report) and Memorandum to The File Through Maureen Flannery from Scot 
Fullerton and Elfi Blum: U.S. Sales Verification of TrefilARBED 
(Trefil) and Arcelor Stainless U.S.A. in the Antidumping Administrative 
Review of Stainless Steel Plate in Coils (SSPC) from Belgium (October 
6, 2004) (U.S. Verification Report).

Affiliation of Parties

    In the Preliminary Results, we found that Arbed S.A., parent 
company of ALZ, N.V., is affiliated with Usinor, Arcelor, and Aceralia 
and their subsidiaries. No parties commented on our findings. 
Therefore, for these final results, we continue to determine that Arbed 
S.A. is affiliated with Usinor, Arcelor, and Aceralia and their 
subsidiaries. For a complete discussion of the basis for this decision, 
see the Preliminary Results, 69 FR 32501, 32502-32503.

Successorship.

    In the Preliminary Results, we found that U&A Belgium is the 
successor to ALZ, N.V. No parties commented on our findings. Therefore, 
for these final

[[Page 74497]]

results we continue to determine that U&A Belgium is the successor to 
ALZ, N.V. for purposes of determining antidumping duty liability. For a 
complete discussion of the basis for this decision, see the Preliminary 
Results, 69 FR 32501, 32503. Therefore, U&A Belgium shall be assigned 
the antidumping duty deposit rate in these Final Results.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum from Barbara E. Tillman, Acting Deputy Assistant Secretary 
for Import Administration to James J. Jochum, Assistant Secretary for 
Import Administration: Issues and Decision Memorandum for the Final 
Results of the Fourth Administrative Review, dated December 7, 2004 
(Decision Memo), which is hereby adopted by this notice.
    A list of the issues which parties have raised and to which we have 
responded, all of which are included in the Decision Memo, 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 memorandum, which is on file in the Central 
Records Unit, 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. The paper copy and electronic version of 
the Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received and our findings at the 
on-site verification, we have made certain changes in the margin 
calculations for U&A Belgium. We have also addressed the alleged 
ministerial errors submitted in the briefs. For further detail, see the 
Decision Memo and the Memorandum to The File from Toni Page and Elfi 
Blum to Maria MacKay: Analysis for Ugine & ALZ, N.V. Belgium (U&A 
Belgium) for the Final Results of the Fourth Administrative Review of 
Stainless Steel Plate in Coils (SSPC) from Belgium (December 7, 2004).

Final Results of Review

    As a result of our review, we determine the antidumping margin for 
Ugine & ALZ Belgium (U&A Belgium) to be as follows:

----------------------------------------------------------------------------------------------------------------
                Manufacturer/Exporter                          Time Period                     Margin
----------------------------------------------------------------------------------------------------------------
U&A Belgium.........................................       05/01/2002 - 04/30/2003                  4.07 percent
----------------------------------------------------------------------------------------------------------------

Duty Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. Pursuant to 19 CFR 351.212(b), the Department calculates an 
assessment rate for each importer of the subject merchandise for each 
respondent. The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of the final 
results of review.

Cash Deposit Requirements

    The following antidumping duty deposit rates will be required on 
all shipments of SSPC from Belgium entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results, as provided for by section 751(a)(1) of the Act: (1) for 
U&A Belgium, the cash deposit rate will be the rate established in the 
final results of this review; (2) for previously reviewed or 
investigated companies other than U&A Belgium, the cash deposit rate 
will be the company-specific rate established for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the subject merchandise; 
and (4) if neither the exporter nor the manufacturer is a firm covered 
by this review, a prior review, or the LTFV investigation, the cash 
deposit rate shall be the all others rate established in the LTFV 
investigation, which is 9.86 percent ad valorem. See Notice of Final 
Determination of Sales at Less Than Fair Value: Stainless Steel Plate 
in Coils from Belgium, 64 FR 15476 (March 31, 1999). These deposit 
rates, when imposed, shall remain in effect until publication of the 
final results of the next administrative review.

Notification to Importers

    This notice also 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 antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties, pursuant to 19 CFR 
351.402(f)(3).

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. 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 sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 7, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

APPENDIX

List of Issues

1. Changes in Methodology for Sale without Pay Date
2. U.S. Indirect Selling Expenses/General and Administrative (G&A) 
Expenses
3. Home-Market Commissions (COMM1H) and Indirect Selling Expenses 
(INDIRSH)
4. Products Hot-Rolled in Germany
5. Scope Language
6. The Reporting of Home-Market and U.S. Sales of Cold-Rolled SSPC
7. Start-Up Costs Incurred by U&A Belgium
8. Offsetting Margins with Above-Normal Value Transactions
9. Ministerial Errors: Constructed Export Price Revenue Calculation and 
Merging Dates of Payment
[FR Doc. E4-3641 Filed 12-13-04; 8:45 am]
BILLING CODE 3510-DS-S