[Federal Register Volume 70, Number 28 (Friday, February 11, 2005)]
[Notices]
[Pages 7240-7243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-576]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-814]


Stainless Steel Sheet and Strip in Coils From France: Final 
Results of Antidumping Administrative Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On August 6, 2004, the Department of Commerce (Department) 
published the preliminary results of its administrative review of the 
antidumping duty order on certain stainless steel sheet and strip in 
coils (SSSS) from France. See Stainless Steel Sheet and Strip in Coils 
from France, 69 FR 47892 (August 6, 2004) (Preliminary Results). This 
review covers all shipments of this merchandise to the United States 
during the period from July 1, 2002, through June 30, 2003 by Ugine & 
ALZ France, S.A. (UA France). We gave interested parties an opportunity 
to comment on the 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: February 11, 2005.

FOR FURTHER INFORMATION CONTACT: Sebastian Wright or Sean Carey at 
(202) 482-5254 and (202) 482-3964, respectively; AD/CVD Operations, 
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 August 6, 2004, the Department published the Preliminary Results 
where we determined that U.S. sales had been made below normal value 
(NV). We invited parties to comment on our Preliminary Results. On 
September 7, 2004, UA France and Petitioners \1\ filed comments on our 
Preliminary Results. On September 13, 2004, UA France and Petitioners 
filed rebuttal comments. 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).
---------------------------------------------------------------------------

    \1\ Allegheny Ludlum Corporation, AK Steel, Inc., North American 
Stainless, United Steelworkers of America, AFL-CIO/CLC, Butler Armco 
Independent Union, and Zanesville Armco Independent Organization are 
the Petitioners in the case.
---------------------------------------------------------------------------

Scope of the Antidumping Duty Order

    For purposes of this administrative review, the products covered by 
the order 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,

[[Page 7241]]

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 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\
---------------------------------------------------------------------------

    \3\ ``Arnokrome III'' is a trademark of the Arnold Engineering 
Company.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \4\ ``Gilphy 36'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------

    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 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\
---------------------------------------------------------------------------

    \5\ ``Durphynox 17'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------

    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

[[Page 7242]]

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Country of Origin

    In the Preliminary Results, we examined whether certain sales of 
SSSS should be excluded from the scope of this order because the SSSS 
was hot-rolled in Belgium and then annealed and pickled in France, but 
not further cold-rolled in France. UA France contends that this 
material, which it designated HRAP, is not within the scope of the 
order in this case because it is deemed to be of Belgian origin 
pursuant to the Department's findings in Stainless Steel Sheet and 
Strip in Coils from the U.K. See Notice of Final Determination of Sales 
at Less Than Fair Value: Stainless Steel Sheet and Strip in Coils from 
the U.K., 64 FR 30688 (June 9, 1999) at Comment 13. In the Preliminary 
Results, we agreed with UA France and concluded that the material was 
of Belgian origin. See Preliminary Results.
    Additionally, in the Preliminary Results, we stated that we would 
continue to analyze the record evidence and the arguments raised by the 
parties on this issue for the purposes of the final results. Neither 
party commented on this issue in their brief or rebuttal brief in this 
case. However, the parties to this case are also parties in another 
case before the Department in which this issue is also present. See 
Stainless Steel Plate in Coils from Belgium: Final Results of 
Antidumping Duty Administrative Review, 69 FR 74495 (December 14, 2004) 
and accompanying Issues and Decision Memorandum at Comment 4 (SSPC from 
Belgium).
    In SSPC from Belgium, after consideration of parties' comments, we 
concluded that the material hot-rolled in Germany but not further cold-
rolled in Belgium was of German origin. Id. Therefore, in accordance 
with the Department's finding in SSPC from Belgium, we continue to 
find, as we did in the Preliminary Results, that the SSSS which is hot-
rolled in Belgium, but not further cold-rolled in France is of Belgian 
origin.

Analysis of Comments Received

    All the issues raised in the case and rebuttal briefs by the 
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 Joseph A. Spetrini, Acting 
Assistant Secretary for Import Administration: Issues and Decision 
Memorandum for the Final Results of the Fourth Administrative Review of 
Stainless Steel Sheet and Strip in Coils from France, dated February 2, 
2005 (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 addressed in the Decision Memo, is attached 
to this notice as an appendix. Parties can find a complete discussion 
of all the issues raised in this review and the corresponding 
recommendations in the Decision Memo, 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 the electronic version 
of the Decision Memo are identical in content.
    Based on our analysis of the comments received, we have made 
certain changes in the margin calculations for UA France. We have also 
addressed the alleged ministerial errors submitted in the briefs. For 
further details, see the Decision Memo and the Memorandum to the File 
from Sebastian Wright to Sean Carey: Analysis Memorandum for Ugine & 
ALZ France, S.A. for the Final Results of the Fourth Antidumping Duty 
Administrative Review of Stainless Steel Sheet and Strip in Coils from 
France, (February 2, 2005) (Analysis Memo).

Final Results of Review

    As a result of our review, we determine the antidumping margin for 
UA France to be as follows:

------------------------------------------------------------------------
                                                               Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Ugine & ALZ France, S.A. (UA France)......................         9.65
------------------------------------------------------------------------

Duty Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. Pursuant to section 351.212(b) of the Department's 
regulations, an assessment rate is calculated 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 SSSS from France 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 UA 
France, the cash deposit rate will be the rate indicated above; (2) for 
previously reviewed or investigated companies other than UA France, 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 9.38 percent ad 
valorem. See Notice of Final Determination of Sales at Less Than Fair 
Value: Stainless Steel Sheet and Strip in Coils from France, 64 FR 
30820 (June 8, 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 section 351.402(f)(2) of the Department's 
regulations 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 section 351.402(f)(3) of the Department's 
regulations.

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 section 351.305 of the Department's regulations. 
Timely

[[Page 7243]]

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: February 2, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.

APPENDIX

List of Issues

1. Constructed Export Price (CEP) Offset
2. Date of Sale for Certain Home-Market Sales
3. Credit Expenses
4. Application of Adverse Facts Available for Sales to Bernier
5. Offsetting Margins with Above-Normal-Value Transactions
6. Offsetting Home-Market Commissions
7. Further Manufacturing Adjustments
8. Ministerial Errors: Interest Expenses, Home-Market Warranty 
Expenses, and Commission Expenses

[FR Doc. E5-576 Filed 2-10-05; 8:45 am]
BILLING CODE 3510-DS-P