[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Notices]
[Pages 46482-46483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4330]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-427-820


Stainless Steel Bar from France: Final Results of Antidumping 
Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 6, 2005, the Department of Commerce published the 
preliminary results of the second administrative review of the 
antidumping duty order on stainless steel bar from France. The review 
covers UGITECH S.A. (UGITECH), a manufacturer/exporter of the subject 
merchandise. The period of review is March 1, 2003, through February 
29, 2004.
    The Department preliminarily determined that UGITECH is the 
successor-in-interest to Ugine-Savoie Imphy S.A. for purposes of 
determining antidumping duty liability. The Department is now affirming 
its preliminary results.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping margin 
for the reviewed firm is listed below in the section entitled ``Final 
Results of Review.''

EFFECTIVE DATE: August 10, 2005.

FOR FURTHER INFORMATION CONTACT: Terre R. Keaton or David J. 
Goldberger, AD/CVD Operations, Office 2, Import Administration-Room 
B099, International Trade Administration, U.S. Department of Commerce, 
14th Street and Constitution Avenue, NW, Washington, DC 20230; 
telephone: (202) 482-1280 or (202) 482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 6, 2005, the Department of Commerce (the Department) 
published the preliminary results of the second administrative review 
of the antidumping duty order on stainless steel bar from France (70 FR 
17411) (Preliminary Results). We invited parties to comment on the 
Preliminary Results. On May 20 and 27, 2005, the parties submitted case 
and rebuttal briefs, respectively. We have conducted this 
administrative review in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (``the Act'').

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.

Successor-in-Interest Analysis

    In the Preliminary Results, we determined that UGITECH is the 
successor-in-interest to Ugine-Savoie Imphy S.A. Neither party objected 
to our preliminary finding. Therefore, for the final results, we 
continue to find that UGITECH is the successor-in-interest to Ugine-
Savoie Imphy S.A. for antidumping duty cash deposit purposes. We will 
notify U.S. Customs and Border Protection (CBP) accordingly.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping duty administrative review are addressed in the August 
4, 2005, Issues and Decision Memorandum for the Final Results of 
Stainless Steel Bar from France (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 in the Decision Memo, 
is attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum which is on file in the 
Central Records Unit, room B-099 of the main Department building. In 
addition, a complete version of the Decision Memo can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Decision Memo are identical in content.
    Changes from the Preliminary Results
    Based on our analysis of the comments received, we have made 
certain changes to the margin calculations which are detailed in the 
Decision Memo.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists:

[[Page 46483]]



------------------------------------------------------------------------
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
UGITECH S. A........................................               14.98
------------------------------------------------------------------------

Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries, in accordance with 19 CFR 351.212. 
The Department will issue appropriate appraisement instructions for the 
company subject to this review directly to CBP within 15 days of 
publication of these final results of review. In accordance with 19 CFR 
351.106(c)(1), we will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis (i.e., is not less than 0.50 percent). We calculated 
importer-specific assessment rates for the subject merchandise by 
aggregating the dumping margins calculated for all of the U.S. sales 
examined and dividing this amount by the total entered value of the 
sales examined.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(1) of the Act: (1) the cash deposit rate for UGITECH will be 
14.98 percent; (2) for previously reviewed or investigated companies 
not listed above, the cash deposit rate will continue to be the 
company-specific rate published for the most recent period; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original 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 merchandise; and (4) 
the cash deposit rate for all other manufacturers or exporters will 
continue to be 3.90 percent. This rate is the ``All Others'' rate from 
the LTFV investigation. These deposit requirements shall remain in 
effect until publication of the final results of the next 
administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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.
    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation. We 
are issuing and publishing this determination and notice in accordance 
with sections 751(a)(1) and 777(i) of the Act.

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

Appendix List of Issues

Comment 1: The Treatment of the Impairment of Assets Recognized in 
UGITECH's 2003 Financial Statements
Comment 2: The Treatment of Certain Research and Development Expenses 
in the Total Cost of Production Calculation
Comment 3: The Treatment of Non-Realized Restructuring Expenses in the 
General Administrative Expense Calculation
Comment 4: Level of Trade in the Home Market
Comment 5: Whether to Combine Certain Grade Codes for Product Matching
Comment 6: The Treatment of Early Payment Discount for Unpaid Home 
Market Sales
Comment 7: The Date of Shipment for Certain U.S. Consignment Sales
Comment 8: The Date of Payment for Unpaid U.S. Sales
Comment 9: Alleged Additional Direct Expenses on Certain U.S. Sales
[FR Doc. E5-4330 Filed 8-9-05; 8:45 am]
BILLING CODE 3510-DS-S