[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Notices]
[Pages 12850-12853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1160]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-427-814


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

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On February 11, 2005, the Department of Commerce (Department) 
published the final results of its administrative review of the 
antidumping duty order on stainless steel sheet and strip in coils 
(SSSS) from France for the period from July 1, 2002, to June 30, 2003 
in the Federal Register. See Stainless Steel Sheet and Strip in Coils 
from France: Final Results of Antidumping Administrative Review, 70 FR 
7240 (February 11, 2005) (Final Results). We are amending our Final 
Results to correct ministerial errors alleged by Petitioners\1\ 
pursuant to

[[Page 12851]]

section 751(h) 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 this case.

---------------------------------------------------------------------------
EFFECTIVE DATE: March 16, 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:

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, 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.

[[Page 12852]]

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

Amendment of Final Results

    On February 11, 2005, the Department published the final results 
for its review of the antidumping duty order on SSSS from France. See 
Final Results. On February 11, 2005, in accordance with section 751(h) 
of the Act and 19 C.F.R. 351.224(c)(2), Petitioners timely filed an 
allegation that the Department erred in its calculation of the 
antidumping margin by failing to convert the variable for U.S. further 
manufacturing costs (FURMANU) from U.S. dollars per pound to U.S. 
dollars per kilogram in its margin calculation program. Ugine & ALZ 
France, S.A. (UA France) did not allege any ministerial errors, nor did 
it rebut Petitioners' allegations.
    Petitioners allege that the Department failed to convert the 
variable FURMANU from U.S. dollars per pound to U.S. dollars per 
kilogram. Petitioners note that the Department used UA France's U.S. 
sales file, which included FURMANU. Petitioners state that after 
merging the U.S. exchange rates with the U.S. sales file, the 
Department converted the U.S. sales expenses from a value per pound to 
a value per kilogram for all the expenses except FURMANU. This 
conversion from per-pound amounts to per-kilogram amounts was necessary 
because UA France submitted its home-market sales and costs files on a 
per-kilogram basis.
    According to Petitioners, the failure to convert FURMANU from U.S. 
dollars per pound to U.S. dollars per kilogram resulted in an 
overstatement of the net U.S. price and an understatement of the 
antidumping duty margin. In order to correct this ministerial error, 
Petitioners suggested that the Department revise the margin calculation 
program at Line 2670 to account for the conversion to per-kilogram 
values.
    The Act, as well as the Department's regulations, define a 
ministerial error as one involving ``addition, subtraction, or other 
arithmetic function, clerical errors resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the Secretary considers ministerial.'' See section 751(h) of the 
Act and 19 C.F.R. 351.224(f).
    After reviewing Petitioners' allegation, we have determined that 
the alleged error is a ministerial error pursuant to section 751(h) of 
the Act and 19 C.F.R. 351.224(f). Therefore, we are amending the Final 
Results to correct the above-described ministerial error. We agree with 
Petitioners that FURMANU should be converted from U.S. dollars per 
pound to U.S. dollars per kilogram. The Department agrees that to 
correct the Department's ministerial error line 2670 should be amended 
to: FURMANU = FURMANU/0.4536.

Amended Final Results of Review

    In the Final Results, the Department determined the antidumping 
margin for UA France to be 9.65 percent. As a result of correcting the 
ministerial error, the Department is amending the antidumping margin 
for UA France as follows:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Ugine & ALZ France, S.A.............................               11.12
------------------------------------------------------------------------

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 amended 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.
    Accordingly, the Department will determine, and U.S. Customs and 
Border Production (CBP) shall assess, antidumping duties on all 
appropriate entries. The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of these 
amended final results of review.

[[Page 12853]]

    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1), 751(h), and 777(i)(1) of the Act 
and 19 C.F.R. 351.224(f).

    Dated: March 9, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1160 Filed 3-15-05; 8:45 am]
BILLING CODE 3510-DS-S