[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Pages 76775-76777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7984]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-824]


Notice of Rescission of Antidumping Duty Administrative Review: 
Stainless Steel Sheet and Strip in Coils from Italy

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request by Allegheny Ludlum Corporation, 
North American Stainless, United Auto Workers Local 3303, Zanesville 
Armco Independent Organization, Inc. and the United Steelworkers 
(collectively, petitioners), the U.S. Department of Commerce (the 
Department) initiated an administrative review of the antidumping duty 
order on stainless steel sheet and strip in coils (SSSS in coils) from 
Italy with respect to ThyssenKrupp Acciai Speciali Terni S.p.A. 
(TKAST), and its affiliates. No other interested party requested a 
review. The period of review (POR) is July 1, 2004, through June 30, 
2005. On December 6, 2005, all of the petitioners withdrew their 
request for an administrative review of TKAST. Accordingly, the 
Department is now rescinding the administrative review of TKAST.

EFFECTIVE DATE: December 28, 2005.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Judy Lao, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3019 and (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 27, 1999, the Department published an antidumping duty 
order on SSSS in coils from Italy. See Amended Final Determination of 
Sales at Less than Fair Value and Antidumping Order; Stainless Steel 
Sheet and Strip in Coils from Italy, 64 FR 40567 (July 27, 1999). On 
July 1, 2005, the Department published a notice of opportunity to 
request an administrative review of the antidumping duty order on SSSS 
in coils from Italy. See Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 70 FR 38099 (July 1, 2005). On July 29, 2005, 
the Department received a timely request for an administrative review 
from petitioners of the antidumping duty order on SSSS in coils from 
Italy with respect to TKAST and its affiliates for the period July 1, 
2004, through June 30, 2005. On August 29, 2005, the Department 
published the initiation of an administrative review of SSSS in coils 
from Italy covering the period of July 1, 2004, through June 30, 2005. 
See Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Requests for Revocation In Part, 70 FR 51009 (August 29, 
2005). This review covers imports of SSSS in coils from one producer/
exporter, TKAST.
    On November 28, 2005, three of the five original petitioners 
withdrew their request for review (i.e., Allegheny Ludlum Corporation, 
North American Stainless, and the United Steelworkers). On December 1, 
2005, the Department informed petitioners' counsel that it would not 
rescind the review unless all five petitioners withdraw their request. 
See Memorandum to the File from Richard O. Weible, Office Director, 
Regarding ``Phone Conversation with David Hartquist,'' dated December 
6, 2005. On December 6, 2005, all five of the petitioners withdrew 
their request that the Department conduct an administrative review of 
TKAST.

Scope of the Order

    The products covered by the order are certain stainless steel sheet 
and strip 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 sheet and strip 
is a flat-rolled product in coils that is greater than 9.5 mm in width 
and less than 4.75 mm in thickness, and that is annealed or otherwise 
heat treated and pickled or otherwise descaled. The subject sheet and 
strip may also be

[[Page 76776]]

further processed (e.g., cold-rolled, polished, aluminized, coated, 
etc.) provided that it maintains the specific dimensions of sheet and 
strip following such processing.
    The merchandise subject to this order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTSUS) at 
subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81,\1\ 
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020, 
7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 
7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 
7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.34.0005, 
7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.35.0005, 
7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020, 
7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 
7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 
7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000, 
7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060, 
and 7220.90.0080. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the Department's written description 
of the merchandise is dispositive.
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    \1\ Due to changes to the HTSUS numbers in 2001, 7219.13.0030, 
7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031, 
7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively.
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    Excluded from the scope of this order are the following: (1) sheet 
and strip that is not annealed or otherwise heat treated and pickled or 
otherwise descaled, (2) sheet and strip that is cut to length, (3) 
plate (i.e., flat-rolled stainless steel products of a thickness of 
4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a 
prepared edge, rectangular in shape, of a width of not more than 9.5 
mm), and (5) razor blade steel. Razor blade steel is a flat-rolled 
product of stainless steel, not further worked than cold-rolled (cold-
reduced), in coils, of a width of not more than 23 mm and a thickness 
of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent 
chromium, and certified at the time of entry to be used in the 
manufacture of razor blades. See Chapter 72 of the HTSUS, ``Additional 
U.S. Note'' 1(d).
    Flapper valve steel is also excluded from the scope of this order. 
This product is defined as stainless steel strip in coils containing, 
by weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35 
percent molybdenum, and between 0.20 and 0.80 percent manganese. This 
steel also contains, by weight, phosphorus of 0.025 percent or less, 
silicon of between 0.20 and 0.50 percent, and sulfur of 0.020 percent 
or less. The product is manufactured by means of vacuum arc remelting, 
with inclusion controls for sulphide of no more than 0.04 percent and 
for oxide of no more than 0.05 percent. Flapper valve steel has a 
tensile strength of between 210 and 300 ksi, yield strength of between 
170 and 270 ksi, plus or minus 8 ksi, and a hardness (Hv) of between 
460 and 590. Flapper valve steel is most commonly used to produce 
specialty flapper valves in compressors.
    Also excluded is a product referred to as suspension foil, a 
specialty steel product used in the manufacture of suspension 
assemblies for computer disk drives. Suspension foil is described as 
302/304 grade or 202 grade stainless steel of a thickness between 14 
and 127 microns, with a thickness tolerance of plus-or-minus 2.01 
microns, and surface glossiness of 200 to 700 percent Gs. Suspension 
foil must be supplied in coil widths of not more than 407 mm, and with 
a mass of 225 kg or less. Roll marks may only be visible on one side, 
with no scratches of measurable depth. The material must exhibit 
residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm 
over 685 mm length.
    Certain stainless steel foil for automotive catalytic converters is 
also excluded from the scope of this review. This stainless steel strip 
in coils is a specialty foil with a thickness of between 20 and 110 
microns used to produce a metallic substrate with a honeycomb structure 
for use in automotive catalytic converters. The steel contains, by 
weight, carbon of no more than 0.030 percent, silicon of no more than 
1.0 percent, manganese of no more than 1.0 percent, chromium of between 
19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of 
no more than 0.045 percent, sulfur of no more than 0.03 percent, 
lanthanum of less than 0.002 or greater than 0.05 percent, and total 
rare earth elements of more than 0.06 percent, with the balance iron.
    Permanent magnet iron-chromium-cobalt alloy stainless strip is also 
excluded from the scope of this order. This ductile stainless steel 
strip contains, by weight, 26 to 30 percent chromium, and 7 to 10 
percent cobalt, with the remainder of iron, in widths 228.6 mm or less, 
and a thickness between 0.127 and 1.270 mm. It exhibits magnetic 
remanence between 9,000 and 12,000 gauss, and a coercivity of between 
50 and 300 oersteds. This product is most commonly used in electronic 
sensors and is currently available under proprietary trade names such 
as ``Arnokrome III.''\2\
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    \2\ ``Arnokrome III'' is a trademark of the Arnold Engineering 
Company.
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    Certain electrical resistance alloy steel is also excluded from the 
scope of this order. This product is defined as a non-magnetic 
stainless steel manufactured to American Society of Testing and 
Materials (ASTM) specification B344 and containing, by weight, 36 
percent nickel, 18 percent chromium, and 46 percent iron, and is most 
notable for its resistance to high temperature corrosion. It has a 
melting point of 1390 degrees Celsius and displays a creep rupture 
limit of 4 kilograms per square millimeter at 1000 degrees Celsius. 
This steel is most commonly used in the production of heating ribbons 
for circuit breakers and industrial furnaces, and in rheostats for 
railway locomotives. The product is currently available under 
proprietary trade names such as ``Gilphy 36.''\3\
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    \3\ ``Gilphy 36'' is a trademark of Imphy, S.A.
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    Certain martensitic precipitation-hardenable stainless steel is 
also excluded from the scope of this order. This high-strength, ductile 
stainless steel product is designated under the Unified Numbering 
System (UNS) as S45500-grade steel, and contains, by weight, 11 to 13 
percent chromium, and 7 to 10 percent nickel. Carbon, manganese, 
silicon and molybdenum each comprise, by weight, 0.05 percent or less, 
with phosphorus and sulfur each comprising, by weight, 0.03 percent or 
less. This steel has copper, niobium, and titanium added to achieve 
aging, and will exhibit yield strengths as high as 1700 Mpa and 
ultimate tensile strengths as high as 1750 Mpa after aging, with 
elongation percentages of 3 percent or less in 50 mm. It is generally 
provided in thicknesses between 0.635 and 0.787 mm, and in widths of 
25.4 mm. This product is most commonly used in the manufacture of 
television tubes and is currently available under proprietary trade 
names such as ``Durphynox 17.''\4\
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    \4\ ``Durphynox 17'' is a trademark of Imphy, S.A.
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    Finally, three specialty stainless steels typically used in certain 
industrial blades and surgical and medical instruments are also 
excluded from the

[[Page 76777]]

scope of this order. These include stainless steel strip in coils used 
in the production of textile cutting tools (e.g., carpet knives).\5\ 
This steel is similar to American Iron and Steel Institute (AISI) grade 
420 but containing, by weight, 0.5 to 0.7 percent of molybdenum. The 
steel also contains, by weight, carbon of between 1.0 and 1.1 percent, 
sulfur of 0.020 percent or less, and includes between 0.20 and 0.30 
percent copper and between 0.20 and 0.50 percent cobalt. This steel is 
sold under proprietary names such as ``GIN4 Mo.''\6\ The second 
excluded stainless steel strip in coils is similar to AISI 420-J2 and 
contains, by weight, carbon of between 0.62 and 0.70 percent, silicon 
of between 0.20 and 0.50 percent, manganese of between 0.45 and 0.80 
percent, phosphorus of no more than 0.025 percent and sulfur of no more 
than 0.020 percent. This steel has a carbide density on average of 100 
carbide particles per 100 square microns. An example of this product is 
``GIN5''\7\ steel. The third specialty steel has a chemical composition 
similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent, 
molybdenum of between 1.15 and 1.35 percent, but lower manganese of 
between 0.20 and 0.80 percent, phosphorus of no more than 0.025 
percent, silicon of between 0.20 and 0.50 percent, and sulfur of no 
more than 0.020 percent. This product is supplied with a hardness of 
more than Hv 500 guaranteed after customer processing, and is supplied 
as, for example, ``GIN6.''\8\
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    \5\ This list of uses is illustrative and provided for 
descriptive purposes only.
    \6\ ``GIN4 Mo'' is the proprietary grade of Hitachi Metals 
America, Ltd.
    \7\``GIN5'' is the proprietary grade of Hitachi Metals America, 
Ltd.
    \8\ ``GIN6'' is the proprietary grade of Hitachi Metals America, 
Ltd.
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Rescission of Review

    The applicable regulation, 19 CFR 351.213(d)(1), states that if a 
party that requested an administrative review withdraws the request 
within 90 days of the publication of the notice of the initiation of 
the requested review, the Secretary will rescind the review. It further 
states that the Secretary may extend this time limit if the Secretary 
finds it reasonable to do so. As noted above, three of the five 
petitioners that requested this review timely withdrew their request 
for review. On December 1, 2005, the Department informed counsel to 
petitioners that the instant review cannot be rescinded unless all five 
petitioners withdraw their request. See Memorandum to the File from 
Richard O. Weible, Office Director, Regarding ``Phone Conversation with 
David Hartquist,'' dated December 6, 2005. By December 6, 2005, one 
week after the 90-day deadline, all five petitioners (Allegheny Ludlum 
Corporation, North American Stainless, United Auto Workers Local 3303, 
Zanesville Armco Independent Organization, Inc., and the United 
Steelworkers), withdrew their request for review.
    The Department finds it reasonable to extend the time limit by 
which a party may withdraw its request for review in the instant 
proceeding. The Department has not yet devoted considerable time and 
resources to this review, all five petitioners have withdrawn their 
request, and no other party requested the review. Therefore, we are 
rescinding this review of the antidumping duty order on SSSS in coils 
from Italy covering the period July 1, 2004, through June 30, 2005. The 
Department will issue appropriate assessment instructions directly to 
U.S. Customs and Border Protection within 15 days of publication of 
this notice.

Notification to Importers

    This notice 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 assumption that 
reimbursement of antidumping duties occurred and subsequent assessment 
of double antidumping duties.

Notification of Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return on destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversation to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation that is subject to sanction.
    This notice is issued and published in accordance with sections 751 
and 777(i) of the Act and 19 CFR 351.213(d)(4).

    Dated: December 21, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-7984 Filed 12-27-05; 8:45 am]
BILLING CODE 3510-05-S