[Federal Register Volume 71, Number 121 (Friday, June 23, 2006)]
[Notices]
[Pages 36063-36065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9965]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-867]


Metal Calendar Slides from Japan: Notice of Final Determination 
of Sales at Less Than Fair Value and Final Negative Determination of 
Critical Circumstances

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

SUMMARY: We determine that metal calendar slides (MCS) from Japan are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV), as provided in section 735 of the Tariff Act of 1930, as 
amended (the Act). The estimated margins of sales at LTFV are shown in 
the ``Final Determination'' section of this notice.'' Moreover, we 
determine that critical circumstances do not exist with regard to 
certain exports of subject merchandise from Japan. See the ``Critical 
Circumstances'' section below.

EFFECTIVE DATE: June 23, 2006.

FOR FURTHER INFORMATION CONTACT: Dara Iserson or Scott Lindsay, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482-
4052 and (202) 482-0780, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 25, 2006, the Department of Commerce (the Department) 
issued its preliminary determination of sales at LTFV of MCS from 
Japan. See Preliminary Determination of Sales at Less Than Fair Value: 
Metal Calendar Slides from Japan, 71 FR 5244 (February 1, 2006) 
(Preliminary Determination). In the Preliminary Determination, the 
Department stated that it would issue its preliminary finding with 
respect to Stuebing Automatic Machine Company's (Petitioner) critical 
circumstances allegation within 30 days. On February 21, 2006, the 
Department issued its negative preliminary determination regarding 
critical circumstances in this investigation. See Preliminary Negative 
Determination of Critical Circumstances: Metal Calendar Slides from 
Japan, 71 FR 9779 (February 27, 2006). In response to our January 13, 
2006 supplemental questionnaire, Nishiyama Kinzoku Co., Ltd. 
(Respondent) submitted, on January 27, 2006, revised versions of its 
cost of production and constructed value databases that included 
production information regarding its MCS sales during the period of 
investigation (POI).
    On February 1, 2006, Respondent filed, pursuant to section 
351.224(c)(2) of the Department's regulations, a timely allegation that 
the Department made ministerial errors in the Preliminary 
Determination. Petitioner neither alleged any ministerial errors nor 
filed response comments. On February 24, 2006, the Department issued a 
memorandum stating that, because the errors were not significant 
pursuant to sections 351.224(c) and (g) of the Department's 
regulations, it would not correct the ministerial errors until the 
final determination. See Memorandum from the Team, to Barbara E. 
Tillman, Director for Office of AD/CVD Enforcement 6, ``Allegations of 
Ministerial Errors in the Preliminary Determination,'' (Ministerial 
Error Memorandum).
    On February 13, 2006, Respondent requested that the Department 
postpone the final determination and extend provisional measures in 
this investigation. We postponed the final determination to June 16, 
2006, under section 735(a)(2)(A) of the Act and section 
351.210(b)(2)(ii) of Department's regulations. See Notice of 
Postponement of Final Determination and Extension of Provisional 
Measures in the Antidumping Duty Investigation of Metal Calendar Slides 
from Japan, 71 FR 13091 (March 14, 2006).
    The Department conducted sales and cost verifications from February 
13, 2006 through February 17, 2006, and from February 20, 2006 through 
February 24, 2006, respectively. See Verification of the Sales Response 
of Nishiyama Kinzoku Co., Ltd. in the Antidumping Duty Investigation of 
Metal Calendar Slides from Japan, (March 24, 2006) (Sales Verification 
Report); and Verification of the Cost of Production and Constructed 
Value Date Submitted by Nishiyama Kinzoku Co., Ltd. in the Antidumping 
Duty Investigation of Metal Calendar Slides from Japan, (April 14, 
2006) (Cost Verification Report).
    On April 6, 2006, the Department met with Petitioner on model 
matching issues. See Memorandum from Dara Iserson to the File 
Antidumping Duty Investigation of Calendar Metal Slides from Japan, 
dated April 6, 2006. On April 18, 2006, Petitioner submitted comments 
regarding modification of the model matching criteria. On April 26, 
2006, we received rebuttal comments from Respondent regarding this 
issue. On May 1, 2006, Petitioner and Respondent filed their case 
briefs. On May 8, 2006, the Department received a rebuttal brief from 
Respondent. Petitioner did not submit a rebuttal brief. On May 25, 
2006, Respondent submitted a database containing the reallocated home 
market bank charges, as they had been reported in its February 10, 
2006, response.

Period of Investigation

    The POI is April 1, 2004, through March 31, 2005.

Scope of Investigation

    For the purpose of this investigation, the products covered are 
metal calendar slides (MCS). The products covered in this investigation 
are ``V'' and/or ``U'' shaped MCS manufactured from cold-rolled steel 
sheets, whether or not left in black form, tin plated or finished as 
tin free steel (TFS), typically with a thickness from 0.19 mm to 0.23 
mm, typically in lengths from 152 mm to 915 mm, typically in widths 
from 12 mm to 29 mm when the slide is lying flat and before the angle 
is pressed into the slide (although they are not typically shipped in 
this ``flat'' form), that are typically either primed to protect the 
outside of the slide against oxidization or coated with a colored 
enamel or lacquer for decorative purposes, whether or not stacked, and 
excluding paper and plastic slides. MCS are typically provided with 
either a plastic attached hanger or eyelet to hang and bind calendars, 
posters, maps or charts, or the hanger can be stamped from the metal 
body of the slide itself. These MCS are believed to be classified under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
7326.90.1000 (Other articles of iron and steel: Forged or stamped; but 
not further worked: Other: Of tinplate). This HTSUS number is provided 
for convenience and U.S. Customs and Border Protection (CBP) purposes. 
The written description of the scope of this investigation is 
dispositive.

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by Respondent for use in this final 
determination. We used standard verification procedures including 
examination of relevant accounting and production records, and original 
source documents provided by Respondent. See Sales Verification Report 
and Cost Verification Report.

Critical Circumstances

    On February 21, 2006, we issued our preliminary finding that 
critical circumstances did not exist for Respondent. See Notice of 
Preliminary

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Negative Determination of Critical Circumstances: Metal Calendar Slides 
From Japan (February 27, 2006). We received comments on our critical 
circumstances determination from Petitioner and Respondent. See 
Memorandum from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration, to David M. Spooner, Assistant Secretary for 
Import Administration, ``Metal Calendar Slides from Japan: Final 
Determination of Sales at Less-than-Fair Value'' (Issues and Decisions 
Memorandum), dated concurrently with this notice.
    Section 735(a)(3) of the Act provides that the Department will 
determine that critical circumstances exist if: (A)(i) There is a 
history of dumping and material injury by reason of dumped imports in 
the United States or elsewhere of the subject merchandise; or (ii) the 
person by whom, or for whose account, the merchandise was imported knew 
or should have known that the exporter was selling the subject 
merchandise at less than its fair value and that there would to be 
material injury by reason of such sales; and (B) there have been 
massive imports of the subject merchandise over a relatively short 
period.
    We determine that critical circumstances do not exist for imports 
of subject merchandise because, there is no history of dumping of this 
product in the United States or elsewhere (See memorandum to the file 
dated June 16, 2006); and the calculated final margin for Nishiyama's 
EP sales and for ``all other'' exporters is less than the 25 percent 
knowledge threshold. Therefore, we determine that critical 
circumstances do not exist for imports of subject merchandise because, 
as required section 735(a)(3)(A) of the Act, there is no evidence that 
importers knew, or should have known, that the exporter was selling 
subject merchandise at LTFV.

Analysis of Comments Received

    All issues raised in the comments submitted by interested parties 
are listed in the Appendix to this notice and are addressed in the 
Issues and Decisions Memorandum, which is hereby adopted by this 
notice. Parties can find a complete discussion of the issues raised in 
this investigation in this public memorandum, which is on file in the 
Central Records Unit, B-099 of the main Commerce Building. In addition, 
a complete version of the Issues and Decisions Memorandum can be 
accessed directly on the Internet at: http://ia.ita.doc.gov/frn/. The 
paper copy and the electronic version of the Issues and Decisions 
Memorandum are identical in content.

Changes Since the Preliminary Determination

    Based on our findings at verification and on our analysis of the 
comments received, we have made certain adjustments to the margin 
calculations used in the Preliminary Determination. These adjustments 
are discussed in detail in several memoranda. See Memorandum From Scott 
Lindsay, Senior Analyst, AD/CVD Operations, Office 6 and Dara Iserson, 
Analyst, AD/CVD Operations, Office 6 through: Thomas Gilgunn, Program 
Manager, AD/CVD Operations, Office 6 to the File, ``Final Analysis 
Memorandum for Metal Calendar Slides from Japan: Nishiyama Kinzoku Co., 
Ltd.'' (June 16, 2006) (Final Calculation Memorandum); Memorandum from 
Ernest Z. Gziryan, Senior Accountant, through Taija A. Slaughter, 
Program Manager, to Neal M. Halper, Director, Office of Accounting, 
``Cost of Production and Constructed Value Calculation Adjustments for 
the Final Determination - Nishiyama Kinzoku Co., Ltd.'' (June 16, 2006) 
(Cost Calculation Memorandum); and Issues and Decisions Memorandum.

Final Determination

    We determine that the following weighted-average dumping margins 
exist for the period April 1, 2004, through March 31, 2005:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
Nishiyama Kinzoku Co., Ltd..........................               3.02%
All Others..........................................               3.02%
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. 
Customs and Border Protection (CBP) to continue to suspend liquidation 
of all entries of MCS from Japan that are entered, or withdrawn from 
warehouse, for consumption on or after February 1, 2006, the date of 
publication of the Preliminary Determination in the Federal Register. 
We will instruct CBP to continue to require, for each entry, a cash 
deposit or the posting of a bond equal to the weighted-average dumping 
margins indicated above. These instructions suspending liquidation will 
remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
U.S. International Trade Commission (ITC) of our determination. As our 
final determination is affirmative, the ITC will determine, within 45 
days, whether these imports materially injure, or threaten material 
injury to, an industry in the United States, pursuant to section 
735(b)(2)(B) of the Act. If the ITC determines that material injury, or 
threat of injury does not exist, the proceeding will be terminated and 
all securities posted will be refunded or canceled. If the ITC 
determines that such injury does exist, the Department will issue an 
antidumping duty order directing CBP officials to assess antidumping 
duties on all imports of the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. Timely written 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.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: June 16, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

List of Issues Covered in the Issues and Decisions Memorandum

Comment 1: Changing Model Matching Criteria and Opportunity to Comment
Comment 2: Analysis of Model Matching Criteria
Comment 3: Average Sales Periods
Comment 4: Date of Sale
Comment 5: Post-Sale Price Adjustments
Comment 6: Critical Circumstances
Comment 7: Inventory Carry Costs
Comment 8: Adjustment to Cost of Sales Denominator for Overvaluation of 
Material Cost
Comment 9: Adjustment to Total Costs for Unreconciled Difference
Comment 10: Adjustment to Cost of Sales Denominator for Purchased Goods
Comment 11: Miscellaneous Losses

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Comment 12: Adjustment to Steel Costs

[FR Doc. E6-9965 Filed 6-22-06; 8:45 am]
BILLING CODE 3510-DS-S