[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Notices]
[Pages 33083-33084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2886]



[[Page 33083]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-830]


Stainless Steel Plate in Coils from Taiwan; Preliminary 
Rescission of Antidumping Duty Administrative Review

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

EFFECTIVE DATE: June 7, 2005.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Jill Pollack, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
3874 or (202) 482-4593, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 3, 2004, the Department of Commerce (the Department) 
published in the Federal Register (69 FR 24117) a notice of opportunity 
to request an administrative review of the antidumping duty order on 
stainless steel plate in coils from Taiwan for the period May 1, 2003, 
through April 30, 2004. In accordance with 19 CFR 351.213(b)(1), on May 
28, 2004, the petitioners (i.e., Allegheny Ludlum Corp., United Auto 
Workers Local 3303, Zanesville Armco Independent Organization, the 
United Steelworkers of America, and AFL-CIO/CLC) requested a review of 
this order with respect to the following producers/exporters: Chain 
Chon Industrial Co., Ltd. (Chain Chon), Chang Mien Industries Co., 
Ltd., Chien Shing Stainless Steel Co., Ltd., China Steel Corporation, 
East Tack Enterprise Co., Goang Jau Shing Enterprise Co., Ltd., PFP 
Taiwan Co., Ltd., Shing Shong Ta Metal Ind. Co., Ltd., Sinkang 
Industries, Ltd., Ta Chen Stainless Pipe Ltd. (Ta Chen), Tang Eng Iron 
Works Co., Ltd., Yieh Loong Enterprise Co., Yieh Mau Corp., Yieh 
Trading Co., and Yieh United Steel Corp (YUSCO).
    The Department initiated an administrative review on stainless 
steel plate in coils from Taiwan in June 2004. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Request 
for Revocation in Part, 69 FR 39409 (June 30, 2004). We issued 
questionnaires to the producers/exporters named by the petitioners in 
October 2004.
    In October and November 2004, the following companies informed the 
Department that they had no shipments or entries of subject merchandise 
during the period of review (POR): Chain Chon, Ta Chen and YUSCO. We 
reviewed data from U.S. Customs and Border Protection (CBP) and 
attempted to confirm that there were no entries of subject merchandise 
from any of these companies. We also confirmed with CBP data that none 
of the other companies named by the petitioners in their request for 
review had entries of subject merchandise during the POR. However, 
initial CBP data showed that Ta Chen had potential entries of subject 
merchandise during the POR. Therefore, on November 1, 2004, we 
requested entry documentation from CBP for Ta Chen's entries. Our 
examination of the entry documentation appeared to confirm Ta Chen's 
claim and we informed the petitioners of our intent to rescind this 
administrative review with respect to Ta Chen in December 2004.
    On December 21, 2004, the petitioners requested that the Department 
extend the deadline for the preliminary results by 120 days in 
accordance with 19 CFR 351.213(h)(2). On January 28, 2005, we extended 
the deadline for the preliminary results of this review until no later 
than May 31, 2005. See Stainless Steel Plate in Coils From Taiwan; 
Notice of Extension of Time Limits for Preliminary Results in 
Antidumping Duty Administrative Review, 70 FR 5610 (Feb. 3, 2005).
    Further, on January 21, 2005,\1\ the petitioners claimed that the 
information received from CBP and placed on the record of this 
proceeding showed that Ta Chen did have entries of subject merchandise 
during the POR, contrary to Ta Chen's assertion that it had no such 
entries. The petitioners submitted additional comments on this issue on 
February 11, 2005, and March 11, 2005. Ta Chen responded to the 
petitioners' comments on January 31, 2005, and February 22, 2005.
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    \1\ We note that while the petitioners originally submitted 
comments on this date, the Department rejected this filing because 
it was improperly bracketed. The petitioners submitted a properly 
bracketed version of their comments on February 2, 2005.
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    In April 2005, we received additional documentation on Ta Chen's 
entries from CBP. After reviewing the documents and considering the 
comments of the parties, we preliminarily determine that Ta Chen did 
not have entries of subject merchandise during the POR. See the May 31, 
2005, memorandum from Elizabeth Eastwood to Louis Apple entitled, 
``Analysis of Entries by Ta Chen Stainless Steel Pipe Co. Ltd. in the 
2003-2004 Antidumping Duty Administrative Review on Stainless Steel 
Plate in Coil from Taiwan'' for further discussion.

Scope of the Order

    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 Harmonized Tariff Schedule of the United States (HTS) at 
subheadings: 7219110030, 7219110060, 7219120006, 7219120021, 
7219120026, 7219120051, 7219120056, 7219120066, 7219120071, 7219120081, 
7219310010, 7219900010, 7219900020, 7219900025, 7219900060, 7219900080, 
7220110000, 7220201010, 7220201015, 7220201060, 7220201080, 7220206005, 
7220206010, 7220206015, 7220206060, 7220206080, 7220900010, 7220900015, 
7220900060, and 7220900080. Although the HTS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise subject to this order is dispositive.

Rescission of Review

    Because none of the companies for which we initiated this 
administrative review had shipments of subject merchandise during the 
POR, in accordance with 19 CFR 351.213(d)(3) and consistent with our 
practice, we are preliminarily rescinding this review of the 
antidumping duty order on stainless steel plate in coils from Taiwan 
for the period of May 1, 2003, through April 30, 2004.
    Interested parties may submit comments for consideration in the 
Department's final results not later than 30 days after publication of 
this notice. Responses to those comments may be submitted not later 
than 10 days following submission of the comments. All written comments 
must be submitted in accordance with 19 CFR 351.303, and must be served 
on all

[[Page 33084]]

interested parties on the Department's service list in accordance with 
19 CFR 351.303(f). The Department will issue the final results of this 
administrative review, which will include the results of its analysis 
of issues raised in any such comments, within 120 days of publication 
of the preliminary results, and will publish these results in the 
Federal Register. This notice is published in accordance with section 
751 of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: May 31, 2005.
Susan H. Kuhbach,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2886 Filed 6-6-05; 8:45 am]
BILLING CODE 3510-DS-S