[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Notices]
[Pages 73205-73206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23877]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-583-830)


Stainless Steel Plate in Coils from Taiwan; Final Rescission of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: December 9, 2005.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Nichole Zink, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC, 20230; telephone (202) 482-
3874 or (202) 482-0049, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers the following fifteen manufacturers/exporters: 
Chain Chon Industrial Co., Ltd., Chang Mien Industries Co., Ltd., Chien 
Shing Stainless Steel Co., Ltd., China Steel Corporation, East Tack 
Enterprise Co., Goang Jau Shing Enterprise Co., Ltd., PFP Taiwan Co., 
Ltd., Shing Shong Ta Metal Ind. Co., Ltd., Sinkang Industries, Ltd., Ta 
Chen Stainless Pipe Ltd. (Ta Chen), Tang Eng Iron Works Co., Ltd., Yieh 
Loong Enterprise Co., Yieh Mau Corp., Yieh Trading Co., and Yieh United 
Steel Corp.
    On June 7, 2005, the Department published in the Federal Register 
the preliminary rescission of administrative review on stainless steel 
plate in coils from Taiwan. See Stainless Steel Plate in Coils from 
Taiwan; Preliminary Rescission of Antidumping Duty Administrative 
Review, 70 FR 33083 (June 7, 2005) (Preliminary Results).
    We invited parties to comment on our preliminary rescission of this 
administrative review. In July 2005, we received a case brief from the 
petitioners (Allegheny Ludlum Corp., United Auto Workers Local 3303, 
Zanesville Armco Independent Organization, the United Steelworkers of 
America, and AFL-CIO/CLC).
    On October 5, 2005, the Department postponed the final results of 
the administrative review. See Stainless Steel Plate in Coils from 
Taiwan; Notice of Extension of Time Limits for Final Results of 
Antidumping Duty Administrative Review, 70 FR 58189 (Oct. 5, 2005).
    On October 31, 2005, we placed new factual information on the 
record of this administrative review, and we invited parties to comment 
on it. On November 7, 2005, the petitioners submitted a letter in 
accordance with this request. However, on November 10, 2005, we 
rejected the petitioners' submission because we determined that it was 
not directly related to the new factual information, but instead 
contained both new information and argumentation related to the general 
issue raised in their case brief. Therefore, we found that the 
petitioners' submission was unresponsive and thus it constituted 
untimely filed new factual information and argument pursuant to 19 CFR 
351.301(b)(2).
    After examining the information on the record, we continue to find 
that none of the companies noted above had

[[Page 73206]]

any entries of subject merchandise during this period of review (POR). 
Consequently, in accordance with 19 CFR 351.213(d)(3) and consistent 
with our practice, we are rescinding this administrative review. For 
further discussion, see the ``Rescission of Review'' section of this 
notice, below. See also Comment 1 of the ``Issues and Decision 
Memorandum'' (Decision Memo) from Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, to Joseph A. Spetrini, Acting 
Assistant Secretary for Import Administration, dated December 5, 2005.

Scope of the Order

    The product covered by this order is certain stainless steel plate 
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 plate products are flat-rolled 
products, 254 mm or over in width and 4.75 mm or more in thickness, in 
coils, and annealed or otherwise heat treated and pickled or otherwise 
descaled. The subject plate may also be further processed (e.g., cold-
rolled, polished, etc.), provided that it maintains the specified 
dimensions of plate following such processing. Excluded from the scope 
of this order are the following: (1) plate not in coils, (2) plate that 
is not annealed or otherwise heat treated and pickled or otherwise 
descaled, (3) sheet and strip, and (4) flat bars.
    The merchandise subject to this order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTSUS) at 
subheadings: 7219110030, 7219110060, 7219120006, 7219120021, 
7219120026, 7219120051, 7219120056, 7219120066, 7219120071, 7219120081, 
7219310010, 7219900010, 7219900020, 7219900025, 7219900060, 7219900080, 
7220110000, 7220201010, 7220201015, 7220201060, 7220201080, 7220206005, 
7220206010, 7220206015, 7220206060, 7220206080, 7220900010, 7220900015, 
7220900060, and 7220900080. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise subject to this order is dispositive.

Period of Review

    The POR is May 1, 2003, through April 30, 2004.

Rescission of Review

    As noted above, none of the companies listed in this review had any 
shipments and/or entries of subject merchandise into the United States 
during the POR. We confirmed this with Customs and Border Protections 
(CBP) data. Therefore, in accordance with 19 CFR 351.213(d)(3) and 
consistent with the Department's practice, we are rescinding our review 
of the antidumping duty order on stainless steel plate in coils from 
Taiwan for the period of May 1, 2003, through April 30, 2004. See, 
e.g., Certain Steel Concrete Reinforcing Bars From Turkey; Final 
Results, Rescission of Antidumping Duty Administrative Review in Part, 
and Determination To Revoke in Part, 70 FR 67665, 67666 (Nov. 8, 2005).
    We note that in Brake Rotors From the People's Republic of China: 
Final Results and Partial Rescission of the Seventh Administrative 
Review; Final Results of the Eleventh New Shipper Review, 70 FR 69937 
(Nov. 18, 2005) (Brake Rotors from the PRC) and accompanying Issues and 
Decision Memorandum at Comment 8, the Department recently stated that 
it will not rely on CBP data as a ``dispositive source of data on 
company exports. Accordingly, it is the responsibility of the 
respondent to report to the Department that it has not made any U.S. 
shipments.'' Because the Department previously relied on CBP data in 
this proceeding to demonstrate that the respondents made no U.S. 
shipments of subject merchandise during the POR, we will continue to do 
so for this final rescission. In future segments of this proceeding, 
however, the Department will apply the practice set forth in Brake 
Rotors from the PRC.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review and to which we have responded are listed in the 
Appendix to this notice and addressed in the Decision Memo, which is 
adopted by this notice. 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 Department's website at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are 
identical in content.
    This notice also 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 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: December 5, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix - Issues in Decision Memorandum

Comment
1. Entries by Affiliated Parties
[FR Doc. 05-23877 Filed 12-8-05; 8:45 am]
BILLING CODE 3510-DS-S