[Federal Register Volume 72, Number 136 (Tuesday, July 17, 2007)]
[Notices]
[Pages 39059-39060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13803]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-428-830


Stainless Steel Bar from Germany: Final Results of New Shipper 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: This new shipper review covers stainless steel bar from 
Germany manufactured by Schmiedewerke Groditz GmbH (``SWG''). The 
Department of Commerce (``the Department'') published the preliminary 
results of this new shipper review on March 19, 2007. See Stainless 
Steel Bar from Germany: Preliminary Results of New Shipper Review, 72 
FR 12765 (March 19, 2007) (``Preliminary Results''). Based on our 
analysis of the comments received, these final results do not differ 
from the Preliminary Results.

EFFECTIVE DATE: July 17, 2007.

FOR FURTHER INFORMATION CONTACT: Damian Felton, Audrey R. Twyman, or 
Brandon Farlander, AD/CVD Operations, Office 1, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington DC 20230; telephone 
(202) 482-0133, (202) 482-3534, or (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 19, 2007, the Department published its Preliminary Results 
of this antidumping duty new shipper review of stainless steel bar from 
Germany. The Department conducted a verification of SWG's response from 
April 16 through 18, 2007, and issued the report on the verification 
findings for SWG on May 18, 2007. In response to the Department's 
invitation to comment on the Preliminary Results, petitioners\1\ 
submitted their case brief on May 29, 2007, and SWG submitted its 
rebuttal brief on June 1, 2007.
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    \1\ The petitioners are Carpenter Technology Corporation, 
Valbruna Slater Stainless, Inc., and Electralloy Corporation 
(collectively, ``petitioners'').
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Period of Review

    The period of review (``POR'') covers March 1, 2005, through 
February 28, 2006.

Scope of the Order

    For the purposes of this order, the term ``stainless steel bar'' 
includes articles of stainless steel in straight lengths that have been 
either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise 
cold-finished, or ground, having a uniform solid cross section along 
their whole length in the shape of circles, segments of circles, ovals, 
rectangles (including squares), triangles, hexagons, octagons, or other 
convex polygons. Stainless steel bar (``SSB'') includes cold-finished 
stainless steel bars that are turned or ground in straight lengths, 
whether produced from hot-rolled bar or from straightened and cut rod 
or wire, and reinforcing bars that have indentations, ribs, grooves, or 
other deformations produced during the rolling process.
    Except as specified above, the term does not include stainless 
steel semi-finished products, cut length flat-rolled products (i.e., 
cut length rolled products which if less than 4.75 mm in thickness have 
a width measuring at least 10 times the thickness, or if 4.75 mm or 
more in thickness having a width which exceeds 150 mm and measures at 
least twice the thickness), products that have been cut from stainless 
steel sheet, strip or plate, wire (i.e., cold-formed products in coils, 
of any uniform solid cross section along their whole length, which do 
not conform to the definition of flat-rolled products), and angles, 
shapes and sections.
    The SSB subject to this order is currently classifiable under 
subheadings 7222.11.00.05, 7222.11.00.50, 7222.19.00.05, 7222.19.00.50, 
7222.20.00.05, 7222.20.00.45, 7222.20.00.75, and 7222.30.00.00 of the 
Harmonized Tariff Schedule of the United States (``HTSUS''). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this new shipper review are addressed in the

[[Page 39060]]

Issues and Decision Memorandum from Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, to David M. Spooner, Assistant 
Secretary for Import Administration (``Decision Memorandum''). A list 
of issues addressed in the Decision Memorandum is appended to this 
notice. The Decision Memorandum is on file in the Central Records Unit 
in Room B-099 of the main Commerce building, and can also be accessed 
directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made no changes 
to our Preliminary Results.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for SWG for the period of March 1, 2005, 
through February 28, 2006:

------------------------------------------------------------------------
                                                            Weighted-
                        Producer                          Average Margin
                                                           (Percentage)
------------------------------------------------------------------------
Schmiedewerke Groditz GmbH.............................           0.00
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. Pursuant to 19 CFR 351.212(b)(1), for the U.S. 
sale made by the respondent for which it has reported the importer of 
record and entered value, we have calculated an importer-specific 
assessment rate based on the ratio of the total amount of antidumping 
duties calculated for the examined sales to the total entered value of 
the U.S. sale.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period of review produced by reviewed 
companies for which these companies did not know their merchandise was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the all-others rate if there is no 
rate for the intermediate company(ies) involved in the transaction. For 
a full discussion of this clarification, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003).
    The Department will issue appropriate assessment instructions 
directly to CBP 15 days after the date of publication of these final 
results of the new shipper review.

Cash Deposit Requirements

    The following cash deposit rate will be effective upon publication 
of the final results of this new shipper review for shipments of 
stainless steel bar from Germany entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (``the 
Act''). For subject merchandise produced and exported by SWG, the cash 
deposit rate will be the rate established in the final results of this 
review, except if the rate is less than 0.50 percent and, therefore, de 
minimis, the cash deposit rate will be zero. This cash deposit 
requirement, when imposed, shall remain in effect until further notice.

Notification to Interested Parties

    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 presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or 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 conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation, which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 10, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

I. Bona Fide Nature of U.S. Sale
    Comment 1: Quantity, Pricing and Terms of Sale Differences
    Comment 2: Principal/Agent Relationship
    Comment 3: Mill Certificates
    Comment 4: Communication with U.S. Customer
II. Home Market Date of Sale
    Comment 5: Home Market Date of Sale
[FR Doc. E7-13803 Filed 7-16-07; 8:45 am]
BILLING CODE 3510-DS-S