[Federal Register Volume 70, Number 224 (Tuesday, November 22, 2005)]
[Notices]
[Pages 70582-70584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6445]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-810]


Stainless Steel Bar from India: Notice of Intent to Rescind 
Antidumping Duty Administrative Review of Ferro Alloys Corporation 
Limited

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to requests from interested parties, the 
Department of Commerce is conducting an administrative review of the 
antidumping duty order on stainless steel bar from India for the period 
February 1, 2004, through January 31, 2005. The Department intends to 
rescind this review with respect to Ferro Alloys Corporation Limited 
after concluding that no entries of subject merchandise were made 
during the period of review.

EFFECTIVE DATE: November 22, 2005.

FOR FURTHER INFORMATION CONTACT: Devta Ohri, 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) 482-3853.

SUPPLEMENTARY INFORMATION:

[[Page 70583]]

Background

    On February 1, 2005, the Department of Commerce (``the 
Department'') published a notice in the Federal Register providing an 
opportunity for interested parties to request an administrative review 
of the antidumping duty order on stainless steel bar (``SSB'') from 
India for the period February 1, 2004, through January 31, 2005. See 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review, 70 FR 
5136. On February 22, 2005, we received a timely request for review 
from Shah Alloys Ltd. (``Shah'').\1\ On February 25, 2005, we received 
a timely request for review and revocation from Venus Wire Industries 
Pvt. Limited (``Venus''). On February 28, 2005, we received timely 
review requests from Ferro Alloys Corporation Limited (``Facor''), 
Chandan Steel Limited (``Chandan''), Isibars Limited (``Isibars''), 
Mukand Limited (``Mukand''), and the Viraj Group (``Viraj'').\2\ On 
February 28, 2005, Carpenter Technology Corporation, Electralloy 
Corporation, and Crucible Specialty Metals Division, Crucible Materials 
Corporation (collectively, ``the petitioners'') also requested an 
administrative review of Viraj. On March 23, 2005, the Department 
initiated an administrative review of the antidumping duty order on SSB 
from India with respect to Facor, Chandan, Isibars, Mukand, and 
Venus.\3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 70 FR 
14643.
---------------------------------------------------------------------------

    \1\ On February, 28, 2005, the Department declined Shah's 
request for review because Shah explicitly stated in its request 
that it did not have any export sales to the United States during 
the period of review.
    \2\ We did not initiate with respect to Viraj because the order 
for this company was revoked on September 14, 2004. See Letter from 
the Department to Peter J. Koenig, Esq. (counsel to Viraj), 
``Extension Requests,'' dated April 19, 2005; see also Stainless 
Steel Bar From India; Final Results, Rescission of Antidumping Duty 
Administrative Review in Part, and Determination To Revoke in Part, 
69 FR 55409 (Sept. 14, 2004); Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for 
Revocation in Part, 70 FR 14643 (Mar. 23, 2005).
    \3\ This Federal Register notice only pertains to the 
Department's intent to rescind the current administrative review 
with regard to Facor. Therefore, this notice will not discuss 
developments in the administrative review with respect to Chandan, 
Isibars, Mukand, or Venus.
---------------------------------------------------------------------------

    On March 29, 2005, the Department issued its antidumping duty 
questionnaire to Facor. On May 4, 2005, and May 31, 2005, after being 
granted a series of extensions, Facor filed its responses to section A 
and sections B-D of the Department's antidumping duty questionnaire, 
respectively. Upon reviewing Facor's questionnaire responses, the 
Department learned that Facor had no entries of subject merchandise 
during the period of review, February 1, 2004, through January 31, 2005 
(``POR'').
    On June 9, 2005, and October 5, 2005, the Department issued 
supplemental questionnaires to Facor requesting additional information 
on Facor's U.S. sales process and date of sale. On June 16, 2005, and 
October 19, 2005, Facor filed its responses to the Department's 
supplemental questionnaires.
    To confirm that Facor made no entries of subject merchandise during 
the POR, the Department requested data from U.S. Customs and Border 
Protection (``CBP'') on July 26, 2005. CBP provided the Department with 
the requested data on September 8, 2005. This data was placed on the 
record on September 26, 2005. See Memorandum to the File, ``U.S. 
Customs and Border Protection Data,'' dated September 26, 2005.

Scope of the Order

    Merchandise covered by the order is shipments of SSB. SSB means 
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 SSBs 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-to-length flat-rolled products (i.e., 
cut-to-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), 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, our written description of the scope of the order is 
dispositive.
    On May 23, 2005, the Department issued a final scope ruling that 
SSB manufactured in the United Arab Emirates out of stainless steel 
wire rod from India is not subject to the scope of this proceeding. See 
Memorandum to Barbara E. Tillman, Antidumping Duty Orders on Stainless 
Steel Bar from India and Stainless Steel Wire Rod from India: Final 
Scope Ruling (May 23, 2005).

Intent to Rescind the Administrative Review of Facor

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930 (as 
amended) (``the Act''), when conducting an administrative review, the 
Department examines entries of subject merchandise. According to 19 CFR 
351.213(d)(3), the Department will rescind an administrative review in 
whole or only with respect to a particular exporter or producer, if we 
conclude that during the POR, there were no entries, exports, or sales 
of the subject merchandise, as the case may be. The Department has 
interpreted the statutory and regulatory language as requiring ``that 
there be entries during the period of review upon which to assess 
antidumping duties.'' Granular Polytetrafluoroethylene Resin from 
Japan: Notice of Rescission of Antidumping Duty Administrative Review, 
70 FR 44088, 44088 (Aug. 1, 2005). Moreover, in Chia Far Industrial 
Factory Co., Ltd., v. United States, 343 F. Supp. 2d 1344, 1374 (CIT 
Aug. 2, 2004), the Court affirmed the Department's rescission of a 
review for lack of entries (``Commerce correctly decided to rescind Ta 
Chen's review based on the fact that there were no entries of the 
merchandise at issue during the POR, regardless of whether there were 
sales.'').
    In this administrative review, Facor reported no entries of subject 
merchandise to the U.S. market during the POR, a fact which the 
Department confirmed by conducting an inquiry with CBP. Even if the 
Department's practice were to review sales, as opposed to entries, 
Facor had no sales during the POR. In its questionnaire responses, 
Facor argued that the Department should use the purchase order date, as 
opposed to the invoice date, as the U.S. date of sale. However, the 
Department's rebuttable presumption is to use the invoice date as the 
date of sale. See 19 CFR 351.401(i). Facor failed to provide a

[[Page 70584]]

compelling reason for the Department to deviate from its standard 
practice. According to information on the record, Facor issued no sales 
invoices to the United States during the POR. As Facor had no U.S. 
sales or entries during the POR, the Department intends to rescind the 
current administrative review with respect to Facor.

Public Comment

    Interested parties may comment on the Department's intent to 
rescind the administrative review with respect to Facor. Comments will 
be considered in the Department's preliminary results, which are 
currently due on February 28, 2006.
    This notice is published in accordance with section 777(i) of the 
Act and 19 CFR 351.213(d)(4).

    Dated: November 15, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-6445 Filed 11-21-05; 8:45 am]
BILLING CODE 3510-DS-S