[Federal Register Volume 70, Number 149 (Thursday, August 4, 2005)]
[Notices]
[Pages 44894-44896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4174]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-814, A-412-818]


Certain Stainless Steel Sheet and Strip in Coils from France and 
the United Kingdom; Final Results of Sunset Reviews and Revocation of 
Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 1, 2004, the Department of Commerce (``the 
Department'') initiated its first sunset review of the antidumping duty 
orders on certain stainless steel sheet and strip in coils from France 
and the United Kingdom. See Initiation of Five-Year (``Sunset'') 
Reviews, 69 FR 30874 (June 1, 2004) (``First Sunset Review''). Pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (``the Act''), 
the International Trade Commission (``the ITC''), in its first sunset 
review, determined that revocation of the antidumping duty orders on 
stainless steel sheet and strip in coils from France and the United 
Kingdom is not likely to lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time. Therefore, pursuant to section 751(d)(2) of the Act, 
and section 351.222(i)(1)(iii) of the Department's regulations, the 
Department is revoking the antidumping duty orders on certain stainless 
steel sheet and strip in coils from France and the United Kingdom.

EFFECTIVE DATE: July 27, 2004.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or Dana Mermelstein, 
AD/CVD Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5050 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Orders

    The products subject to these antidumping duty orders 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 
(i.e., cold-rolled, polished, aluminized, coated, etc.) provided that 
it maintains the specific dimensions of sheet and strip following such 
processing. The merchandise subject to these orders is classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) at 
subheadings: 7219.13.00.30, 7219.13.00.50, 7219.13.00.70, 
7219.13.00.80, 7219.14.00.30, 7219.14.00.65, 7219.14.00.90, 
7219.32.00.05, 7219.32.00.20, 7219.32.00.25, 7219.32.00.35, 
7219.32.00.36, 7219.32.00.38, 7219.32.00.42, 7219.32.00.44, 
7219.33.00.05, 7219.33.00.20, 7219.33.00.25, 7219.33.00.35, 
7219.33.00.36, 7219.33.00.38, 7219.33.00.42, 7219.33.00.44, 
7219.34.00.05, 7219.34.00.20, 7219.34.00.25, 7219.34.00.30, 
7219.34.00.35, 7219.35.00.05, 7219.35.00.15, 7219.35.00.30, 
7219.35.00.35, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 
7219.90.00.60, 7219.90.00.80, 7220.12.10.00, 7220.12.50.00, 
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, 7220.20.70.05, 7220.20.70.10, 7220.20.70.15, 
7220.20.70.60, 7220.20.70.80, 7220.20.80.00, 7220.20.90.30, 
7220.20.90.60, 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 Department's written description of the 
merchandise subject to these orders is dispositive.
    Excluded from the scope of these orders 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 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 these orders. 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

[[Page 44895]]

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 these orders. 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.''\1\
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    \1\ ``Arnokrome III'' is a trademark of the Arnold Engineering 
Company.
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    Certain electrical resistance alloy steel is also excluded from the 
scope of these orders. 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.''\2\
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    \2\ ``Gilphy 36'' is a trademark of Imphy, S.A.
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    Certain martensitic precipitation-hardenable stainless steel is 
also excluded from the scope of these orders. 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''.\3\
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    \3\ ``Durphynox 17'' is a trademark of Imphy, S.A.
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    Finally, three specialty stainless steels typically used in certain 
industrial blades and surgical and medical instruments are also 
excluded from the scope of these orders. These include stainless steel 
strip in coils used in the production of textile cutting tools (i.e., 
carpet knives).\4\ 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.''\5\ 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''.
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    \4\ This list of uses is illustrative and provided for 
descriptive purposes only.
    \5\ GIN 4 Mo'', ``GIN5'' and ``GIN6'' are the proprietary grades 
of Hitachi Metals America Ltd.
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Background

    On July 27, 1999, the Department published in the Federal Register 
antidumping duty orders on certain stainless steel sheet and strip in 
coils from France and the United Kingdom. See Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order; Stainless Steel Sheet and Strip in Coils from France, 64 FR 
40562 (July 27, 1999), and Notice of Antidumping Duty Order; Stainless 
Steel Sheet and Strip in Coils from the United Kingdom, 64 FR 40555 
(July 27, 1999). On June 1, 2004, the Department initiated, and the ITC 
instituted, sunset reviews of the antidumping duty orders on certain 
stainless steel sheet and strip in coils from France and the United 
Kingdom. See First Sunset Review, and Stainless Steel Sheet and Strip 
in Coils from France, Germany, Italy, Japan, Korea, Mexico, Taiwan, and 
the United Kingdom, 69 FR 30958 (June 1, 2004). As a result of its 
review, the Department found that revocation of the antidumping duty 
orders would likely lead to continuation or recurrence of dumping, and 
notified the ITC of the magnitude of the margin likely to prevail were 
the orders to be revoked. See Final Result of Expedited Sunset Review 
of Antidumping Duty Order, 69 FR 60357 (October 8, 2004), and Stainless 
Steel Sheet and Strip in Coils from the Republic of Korea, Taiwan, and 
the United Kingdom; Final Result of Expedited Sunset Review of 
Antidumping Duty Orders, 69 FR 67892 (November 22, 2004). On July 18, 
2005, the ITC determined, pursuant to section 751(c) of the Act, that 
revocation of the antidumping duty orders on certain stainless steel 
sheet and strip in coils from France and the United Kingdom would not 
be likely to lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable time. 
See USITC Publication 3788, Investigation Nos. 701-TA-381-382 and 731-
TA-797-804 (Review) (July 2005), and Certain Stainless Steel Sheet and 
Strip in Coils from France, Germany, Italy, Japan, Korea, Mexico, 
Taiwan, and the United Kingdom, 70 FR 41236 (July 18, 2005).

Determination

    As a result of the determination by the ITC that revocation of 
these antidumping duty orders is not likely to lead to continuation or 
recurrence of material injury to an industry in the United States, the 
Department, pursuant to section 751(d) of the Act, is revoking the 
antidumping duty orders on certain stainless steel sheet and strip in 
coils from France and the United Kingdom. Pursuant to section 751(d)(2) 
and 19 CFR 351.222(i)(2)(i), the effective date of revocation is July 
27, 2004 (i.e., the fifth anniversary of the date of publication in the 
Federal Register of the order).
    The Department will notify U.S. Customs and Border Protection 
(``CBP'') to discontinue suspension of liquidation and collection of 
cash deposits on entries of the subject merchandise entered or 
withdrawn from warehouse

[[Page 44896]]

on or after July 27, 2004, the effective date of revocation of these 
orders. The Department will complete any pending administrative reviews 
of these orders and will conduct administrative reviews of subject 
merchandise entered prior to the effective date of revocation in 
response to appropriately filed requests for review.
    This five-year sunset review and notice are in accordance with 
section 751(d)(2) and published pursuant to section 777(i)(1) of the 
Act.

    Dated: July 28, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4174 Filed 8-3-05; 8:45 am]
Billing Code: 3510-DS-S