[Federal Register Volume 70, Number 245 (Thursday, December 22, 2005)]
[Notices]
[Pages 76030-76031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7700]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-866]


Antidumping Duty Order: Superalloy Degassed Chromium from Japan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce and International Trade Commission, the Department of Commerce 
is issuing an antidumping duty order on superalloy degassed chromium 
from Japan.

EFFECTIVE DATE: December 22, 2005.

[[Page 76031]]


FOR FURTHER INFORMATION CONTACT: Janis Kalnins or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-1392, or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2005, we published the final determination of sales 
at less than fair value of superalloy degassed chromium from Japan. See 
Notice of Final Determination of Sales at Less Than Fair Value: 
Superalloy Degassed Chromium from Japan, 70 FR 65886 (November 1, 
2005). On December 16, 2005, the International Trade Commission (ITC) 
notified the Department of Commerce (the Department) of its final 
determination pursuant to section 735(d) of the Tariff Act of 1930, as 
amended (the Act), that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act by 
reason of less-than-fair-value imports of superalloy degassed chromium 
from Japan. See letter from the ITC to the Secretary of Commerce, 
Notification of Final Affirmative Determination of Superalloy Degassed 
Chromium from Japan (Investigation No. 731-TA-1090 (Final)), dated 
December 16, 2005. Pursuant to section 736(a) of the Act, the 
Department is publishing an antidumping duty order on the subject 
merchandise.

Scope of Order

    The product covered by this order is all forms, sizes, and grades 
of superalloy degassed chromium from Japan. Superalloy degassed 
chromium is a high-purity form of chrome metal that generally contains 
at least 99.5 percent, but less than 99.95 percent, chromium. 
Superalloy degassed chromium contains very low levels of certain 
gaseous elements and other impurities (typically no more than 0.005 
percent nitrogen, 0.005 percent sulphur, 0.05 percent oxygen, 0.01 
percent aluminum, 0.05 percent silicon, and 0.35 percent iron). 
Superalloy degassed chromium is generally sold in briquetted form, as 
``pellets'' or ``compacts,'' which typically are 1[frac12] inches x 1 
inch x 1 inch or smaller in size and have a smooth surface. Superalloy 
degassed chromium is currently classifiable under subheading 8112.21.00 
of the Harmonized Tariff Schedule of the United States (HTSUS). This 
order covers all chromium meeting the above specifications for 
superalloy degassed chromium regardless of tariff classification.
    Certain higher-purity and lower-purity chromium products are 
excluded from the scope of this order. Specifically, the order does not 
cover electronics-grade chromium, which contains a higher percentage of 
chromium (typically not less than 99.95 percent), a much lower level of 
iron (less than 0.05 percent), and lower levels of other impurities 
than superalloy degassed chromium. The order also does not cover 
``vacuum melt grade'' (VMG) chromium, which normally contains at least 
99.4 percent chromium and contains a higher level of one or more 
impurities (nitrogen, sulphur, oxygen, aluminum and/or silicon) than 
specified above for superalloy degassed chromium.
    Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the scope of this order is 
dispositive.

Antidumping Duty Order

    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by the Department, antidumping duties equal to the 
amount by which the normal value of the merchandise exceeds the export 
price (or the constructed export price) of the merchandise for all 
relevant entries of superalloy degassed chromium from Japan. These 
antidumping duties will be assessed on (1) all entries of superalloy 
degassed chromium from Japan entered, or withdrawn from the warehouse, 
for consumption on or after August 18, 2005, the date on which the 
Department published its Notice of Preliminary Determination of Sales 
at Less Than Fair Value: Superalloy Degassed Chromium from Japan, 70 FR 
48538 (August 18, 2005), and before December 16, 2005, the date on 
which the Department is required, pursuant to section 733(d) of the 
Act, to terminate the suspension of liquidation, and (2) on all subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the ITC's notice of final 
determination in the Federal Register. Entries of superalloy degassed 
chromium from Japan made between December 16, 2005, and the day 
preceding the date of publication of the ITC's notice of final 
determination in the Federal Register are not liable for the assessment 
of antidumping duties.
    On and after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, cash deposits for the subject merchandise equal to the 
estimated weighted-average antidumping margins listed below. The all-
others rate applies to all entries of the subject merchandise except 
for entries from the company that is identified below.

------------------------------------------------------------------------
                                                       Weighted-average
              Manufacturer or exporter                 margin (percent)
------------------------------------------------------------------------
JFE Material Co., Ltd...............................              129.32
All Others..........................................              129.32
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
superalloy degassed chromium from Japan, pursuant to section 736(a) of 
the Act. Interested parties may contact the Department's Central 
Records Unit, Room B-099 of the main Commerce building, for copies of 
an updated list of antidumping duty orders currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: December 16, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-7700 Filed 12-21-05; 8:45 am]
BILLING CODE 3510-DS-S