[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Notices]
[Pages 46480-46482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4329]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-475-829


Stainless Steel Bar from Italy: Final Results of Antidumping Duty 
Administrative Review and Rescission of Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 7, 2005, the Department of Commerce published the 
preliminary results of the second administrative review of the 
antidumping duty order on stainless steel bar from Italy. The period of 
review is March 1, 2003, through February 29, 2004. This review covers 
imports of stainless steel bar to the

[[Page 46481]]

United States from one producer/exporter. Based on our analysis of the 
comments received, we conclude that the final results do not differ 
from the preliminary results of review, in which we found that the 
respondent in this review did not make shipments of subject merchandise 
to the United States during the period of review. Therefore, we are 
rescinding the administrative review. In addition, we continue to find 
that UGITECH S.A. is the successor-in-interest to Ugine-Savoie Imphy 
S.A. for purposes of determining antidumping duty liability.

EFFECTIVE DATE: August 10, 2005.

FOR FURTHER INFORMATION CONTACT: Scott Holland, AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington DC 20230; telephone (202) 482-1279.

SUPPLEMENTARY INFORMATION:

Background

    Since the publication of the preliminary results of this review 
(see Stainless Steel Bar from Italy: Preliminary Results of Antidumping 
Duty Administrative Review and Preliminary Rescission of Review, 70 FR 
17656 (April 7, 2005) (``Preliminary Results'')), the following events 
have occurred:
    We invited interested parties to comment on the preliminary results 
of this review. On May 9, 2005, we received a case brief from the 
Carpenter Technology Corp., Crucible Specialty Metals, Electralloy 
Corp., Empire Specialty Steel, Inc., Slater Steels Corp., and the 
United Steelworkers of America, AFL-CIO/CLC (collectively, ``the 
petitioners''). On May 20, 2005, we received a rebuttal brief from 
UGITECH S.A. (``UGITECH'') (formerly known as Ugine Savoie-Imphy S.A.), 
an Italian exporter/producer of the subject merchandise. At the request 
of the petitioners, the Department held a public hearing on May 31, 
2005.

Scope of the Order

    For purposes of this order, the term ``stainless steel bar'' 
includes articles of stainless steel in straight lengths that have been 
either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise 
cold-finished, or ground, having a uniform solid cross section along 
their whole length in the shape of circles, segments of circles, ovals, 
rectangles (including squares), triangles, hexagons, octagons, or other 
convex polygons. Stainless steel bar includes cold-finished stainless 
steel bars that are turned or ground in straight lengths, whether 
produced from hot-rolled bar or from straightened and cut rod or wire, 
and reinforcing bars that have indentations, ribs, grooves, or other 
deformations produced during the rolling process.
    Except as specified above, the term does not include stainless 
steel semi-finished products, cut length flat-rolled products (i.e., 
cut length rolled products which if less than 4.75 mm in thickness have 
a width measuring at least 10 times the thickness, or if 4.75 mm or 
more in thickness having a width which exceeds 150 mm and measures at 
least twice the thickness), products that have been cut from stainless 
steel sheet, strip or plate, wire (i.e., cold-formed products in coils, 
of any uniform solid cross section along their whole length, which do 
not conform to the definition of flat-rolled products), and angles, 
shapes and sections.
    The stainless steel bar subject to this order is currently 
classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 
7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 
7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of 
the United States (``HTSUS''). Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of this order is dispositive.

Analysis of Comments Received

    The issue raised in the case and rebuttal briefs by parties to this 
review is addressed in the ``Issues and Decision Memorandum for the 
Final Results in the Antidumping Duty Administrative Review of 
Stainless Steel Bar from Italy'' from Barbara E. Tillman, Acting Deputy 
Assistant Secretary for Import Administration, to Joseph A. Spetrini, 
Acting Assistant Secretary for Import Administration, dated August 5, 
2005 (``Decision Memorandum''), which is hereby adopted by this notice. 
Attached to this notice as an appendix is a listing of the issue which 
parties have raised and to which we have responded in the Decision 
Memorandum. Parties can find a complete discussion of the issue raised 
in this review and the corresponding recommendation in this public 
memorandum which is on file in the Department's Central Records Unit, 
Room B-099 of the main Department building (``CRU''). In addition, a 
complete version of the Decision Memorandum can be accessed directly on 
the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Rescission of Administrative Review

    In accordance with 19 CFR 351.213(d)(3), and consistent with the 
Preliminary Results, we are rescinding this review with respect to 
UGITECH, which reported that it made no shipments of the subject 
merchandise to the United States during the POR. As stated in the 
Preliminary Results, we examined shipment data furnished by U.S. 
Customs and Border Protection (``CBP'') and analyzed UGITECH's quantity 
and value of sales at verification. See Memorandum to the File, 
``Verification of UGITECH S.A.'s No-Shipment Claim,'' (January 13, 
2004) (``UGITECH VR''). Based on this information, and for the reasons 
set forth in the Decision Memorandum, we are satisfied that there were 
no U.S. shipments of subject merchandise from UGITECH during the POR.

Successor-in-Interest and Final Results of Review

    Consistent with the Preliminary Results, we find that UGITECH is 
the successor-in-interest to Ugine-Savoie Imphy S.A. for antidumping 
duty cash deposit purposes. Therefore, UGITECH will be assigned the 
same cash deposit rate with respect to the subject merchandise as the 
predecessor company, Ugine-Savoie Imphy S.A. (i.e., 33.00 percent). See 
Stainless Steel Bar from Italy: Final Results of Antidumping Duty 
Administrative Review, 69 FR 32984 (June 14, 2004.

Cash Deposit

    The cash deposit requirement for this review will be effective upon 
publication of this notice of final results of review for all shipments 
of the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date in the Federal Register. 
This cash deposit rate shall remain in effect until publication of the 
final results of the next administrative review involving UGITECH. We 
will instruct CBP accordingly.

Notification to Importers

    This notice serves as a preliminary 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 double antidumping duties.

[[Page 46482]]

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 violation which is subject to sanction.
    These results of administrative review and notice are published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 4, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

APPENDIX I

List of Comments in the Issues and Decision Memorandum

Comment 1: Collapsing of UGITECH S.A. and Trafilerie Bedini S.p.A.
[FR Doc. E5-4329 Filed 8-8-05; 8:45 am]
BILLING CODE 3510-DS-S