[Federal Register Volume 71, Number 85 (Wednesday, May 3, 2006)]
[Notices]
[Pages 26041-26043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6674]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-845]
Stainless Steel Sheet and Strip in Coils From Japan; Final
Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 13, 2006, the Department of Commerce (the
Department) published in the Federal Register a notice announcing the
preliminary rescission of the administrative review of the antidumping
duty order on stainless steel sheet and strip in coils (SSSSC) from
Japan. See Stainless Steel Sheet and Strip in Coils from Japan:
Preliminary Rescission of Antidumping Duty Administrative Review, 71 FR
7522 (February 13, 2006) (Preliminary Rescission). The period of review
(POR) is July 1, 2004, to June 30, 2005. We are rescinding this review
because there were no entries of SSSSC for consumption in the United
States during the POR that are subject to review.
DATES: Effective Date: May 3, 2006.
[[Page 26042]]
FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Kate Johnson, 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-
4007 or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers Kawasaki Steel Corporation (Kawasaki) and its
alleged successor-in-interest, JFE Steel Corporation (JFE).\1\ On
February 13, 2006, the Department published in the Federal Register the
preliminary rescission of the administrative review of SSSSC from
Japan. See Preliminary Rescission. We invited parties to comment on our
preliminary rescission of this administrative review, however we
received no such comments from interested parties.
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\1\ While the Department initiated this administrative review
with respect to merchandise manufactured and/or exported by Kawasaki
as well as its alleged successor-in-interest, JFE, due to Kawasaki/
JFE's no-shipment claim, the Department did not have the opportunity
to conduct a successor-in-interest analysis in order to confirm
whether, for antidumping purposes, JFE is the successor-in-interest
to Kawasaki with respect to the subject merchandise. However, both
the petitioners and respondent have consistently referred to JFE as
the successor-in-interest to Kawasaki in their submissions to the
Department with respect to this and the previous review. See
Stainless Steel Sheet and Strip in Coils from Japan: Preliminary
Results of Antidumping Duty Administrative Review, 70 FR 18369
(April 11, 2005).
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After examining the information on the record, we continue to find
that JFE did not have any entries of subject merchandise during this
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.
Scope of the Order
For purposes of this order, the products covered are certain SSSSC.
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 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 (HTS) at
subheadings: 7219.13.00.31, 7219.13.00.51, 7219.13.00.71,
7219.13.00.81, 7219.14.00.30, 7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20, 7219.32.00.25, 7219.32.00.35,
7219.32.00.36, 7219.32.00.38, 7219.32.00.42, 7219.32.00.44,
7219.33.00.05, 7219.33.00.20, 7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38, 7219.33.00.42, 7219.33.00.44,
7219.34.00.05, 7219.34.00.20, 7219.34.00.25, 7219.34.00.30,
7219.34.00.35, 7219.35.00.05, 7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80, 7220.12.10.00, 7220.12.50.00,
7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.20.70.05, 7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80, 7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and
7220.90.00.80. Although the HTS subheadings are provided for
convenience and customs purposes, the Department's written description
of the merchandise under review is dispositive.
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 HTS, ``Additional
U.S. Note'' 1(d).
Flapper valve steel is also excluded from the scope of the 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 order. 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
[[Page 26043]]
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 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 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.'' 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'' 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.'' \6\
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\5\ This list of uses is illustrative and provided for
descriptive purposes only.
\6\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
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Period of Review
The POR is July 1, 2004, through June 30, 2005.
Rescission of Review
On October 5, 2005, JFE notified the Department that it did not
have any shipments and/or entries of subject merchandise into the
United States during the POR. As described in the preliminary results,
we confirmed JFE's claim by examining U.S. Customs and Border
Protection (CBP) import data and documentation, and comments placed on
the record by JFE. Accordingly, we determined that the record contains
no evidence that JFE had knowledge of the U.S. destination of a
particular JFE-produced shipment of SSSSC during the POR that we
observed during our review of the CBP import data. See Preliminary
Rescission, 71 FR at 7524. 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
sheet and strip in coils from Japan for the period of July 1, 2004,
through June 30, 2005. 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 will instruct CBP to liquidate the
entry in question at the ``All-Others Rate,'' 40.18 percent, as it was
made by an intermediary company (e.g., a reseller) not covered in this
review, a prior review, or the less-than-fair-value investigation. See
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003). The cash deposit rate
for Kawasaki and JFE will continue to be the rate established in the
most recently completed segment of this proceeding.
This notice serves as the only reminder to parties subject to the
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 the
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: April 26, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-6674 Filed 5-2-06; 8:45 am]
BILLING CODE 3510-DS-P