[Federal Register Volume 70, Number 208 (Friday, October 28, 2005)]
[Notices]
[Pages 62096-62097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5984]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-829]


Stainless Steel Bar from Italy: Preliminary Rescission of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce is conducting an administrative 
review of the antidumping duty order on stainless steel bar from Italy. 
The period of review is March 1, 2004, through February 28, 2005. This 
review covers imports of stainless steel bar from one producer/
exporter, UGITECH, S.A.
    We have preliminarily found that UGITECH, S.A. did not make 
shipments of the subject merchandise to the United States during the 
period of review and, therefore, we are preliminarily rescinding this 
antidumping duty administrative review. We invite interested parties to 
comment on these preliminary results. We will issue the final results 
not later than 120 days from the date of publication of this notice.

EFFECTIVE DATE: October 28, 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

    On March 7, 2002, the Department of Commerce (``the Department'') 
published an antidumping duty order on stainless steel bar (``SSB'') 
from Italy. See Notice of Antidumping Duty Order: Stainless Steel Bar 
from Italy, 67 FR 10384 (March 7, 2002). On October 10, 2003, the 
Department published an amended antidumping duty order on SSB from 
Italy. See Notice of Amended Antidumping Duty Orders: Stainless Steel 
Bar from France, Germany, Italy, Korea, and the United Kingdom, 68 FR 
58660 (October 10, 2003).
    On March 1, 2005, the Department published in the Federal Register 
a notice of opportunity for interested parties to request an 
administrative review of the antidumping duty order on SSB from Italy. 
See Notice of Opportunity to Request Administrative Review of 
Antidumping or Countervailing Duty Order, Finding or Suspended 
Investigation, 70 FR 9918 (March 1, 2005). On March 31, 2005, Carpenter 
Technology Corp., Valbruna Slater Stainless, Inc., Electralloy Corp., a 
Division of G.O. Carlson, Inc. (collectively, ``the petitioners''), 
requested an administrative review of imports of the subject 
merchandise produced by UGITECH, S.A. (``UGITECH''), an Italian 
exporter/producer of the subject merchandise.
    In accordance with 19 CFR 351.221(b)(1), we published a notice of 
initiation of this antidumping duty administrative review on April 22, 
2005. See Notice of Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 70 FR 20862 (April 22, 2005). The period of 
review (``POR'') is March 1, 2004, through February 28, 2005.
    On April 22, 2005, the Department issued an antidumping duty 
questionnaire to UGITECH. On May 31, 2005, UGITECH informed the 
Department that it made no entries of subject merchandise during the 
POR and requested that the Department rescind the instant review with 
respect to UGITECH, in accordance with 19 CFR 351.213(d)(3). On June 
30, 2005, the petitioners submitted comments on UGITECH's May 31, 2005, 
submission and requested that the Department investigate further 
UGITECH's rescission request. On August 16, 2005, UGITECH responded to 
the petitioners' comments. On September 14, 2005, the petitioners 
submitted additional comments.

Scope of the Order

    For purposes of this order, the term ``SSB'' 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. SSB 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 SSB 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.

Preliminary Rescission of Administrative Review

    Pursuant to section 351.213(d)(3) of the Department's regulations, 
the Department may rescind an administrative review, in whole or in 
part, with respect to a particular exporter or producer, if the 
Department concludes that there were no entries, exports, or sales of 
the subject merchandise during the POR. See e.g., Stainless Steel Bar 
from Italy: Final Results of Antidumping Duty Administrative Review and 
Rescission of Review, 70 FR 46480 (March 10, 2005). On May 31, 2005, 
UGITECH claimed that it did not export subject merchandise to the 
United States during the instant POR. The Department conducted a U.S. 
Customs and Border Protection (``CBP'') inquiry. See Memorandum to the 
File, ``U.S. Customs and Border Protection Data,'' dated July 12, 2005. 
The result of the CBP inquiry confirmed UGITECH's claims that it made 
no entries of subject merchandise during the POR. Therefore, the 
Department is preliminarily rescinding this administrative review.

Public Comment

    Any interested party may request a hearing within 30 days of 
publication of this notice. A hearing, if requested, will be held 37 
days after the publication of this notice, or the first business day 
thereafter. Interested parties may submit case briefs within 30 days of 
the date of publication of this notice. Rebuttal briefs, which must be 
limited to issues raised in the case briefs, may be filed not later 
than 35 days after the date of

[[Page 62097]]

publication of this notice. 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.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and777(I)(1) of the Act.

    Dated: October 21, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-5984 Filed 05-27-05; 8:45 am]
BILLING CODE 3510-DS-S