[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49910-49911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21536]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-825, A-533-810, A-588-833, A-469-805]
Stainless Steel Bar From Brazil, India, Japan, and Spain:
Continuation of Antidumping Duty Order (India) and Revocation of
Antidumping Duty Orders (Brazil, Japan, and Spain)
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty order on stainless steel bar (SSB)
from India would likely lead to a continuation or recurrence of dumping
and material injury to an industry in the United States, Commerce is
publishing a notice of continuation of the antidumping duty order. In
addition, as a result of the ITC's determinations that revocation of
the antidumping duty orders on SSB from Brazil, Japan, and Spain is not
likely to lead to continuation or recurrence of material injury to an
industry in the United States, Commerce is revoking the antidumping
duty orders on SSB from Brazil, Japan, and Spain.
DATES: Antidumping Revocation (Brazil, Japan, and Spain): Effective
August 9, 2017; Antidumping Continuation (India): Applicable October 3,
2018.
FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4798.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 1995, Commerce published the antidumping duty
orders on SSB from Brazil, India, and Japan.\1\ On March 2, 1995,
Commerce published the antidumping duty order on SSB from Spain.\2\ On
July 3, 2017, Commerce published the notice of initiation of the fourth
five-year (sunset) reviews of the antidumping duty orders on SSB from
Brazil, India, Japan, and Spain, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act).\3\
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\1\ See Antidumping Duty Orders: Stainless Steel Bar from
Brazil, India, and Japan, 60 FR 9661 (February 21, 1995).
\2\ See Amended Final Determination and Antidumping Duty Order:
Stainless Steel Bar from Spain, 60 FR 11656 (March 2, 1995).
\3\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 30844
(July 3, 2017).
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Commerce conducted these sunset reviews on an expedited basis,
pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), because it received complete, timely, and
adequate responses from a domestic interested party but no substantive
responses from respondent interested parties. As a result of its
reviews, Commerce determined that revocation of the antidumping duty
orders would likely lead to a continuation or recurrence of dumping.\4\
Commerce, therefore, notified the ITC of the magnitude of the margins
likely to prevail should the antidumping duty orders be revoked.
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\4\ See Stainless Steel Bar from Brazil, India, Japan, and
Spain: Final Results of the Expedited Sunset Reviews of the
Antidumping Duty Orders, 82 FR 51393 (November 6, 2017) (Final
Results) and accompanying Issues and Decision Memorandum.
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On September 21, 2018, the ITC published its determinations,
pursuant to section 751(c) and 752(a) of the Act, that revocation of
the antidumping duty order on SSB from India would likely lead to a
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time, but that revocation
of the antidumping duty orders on SSB from Brazil, Japan, and Spain
would not be likely to lead to continuation or recurrence of material
injury within a reasonably foreseeable time.\5\
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\5\ See Stainless Steel Bar from Brazil, India, Japan, and
Spain: Investigation Nos. 731-TA-678, 679, 681, and 682 (Fourth
Review), USITC Publication 4820 (September 2018); see also Stainless
Steel Bar from Brazil, India, Japan, and Spain; Determination, 83 FR
47938 (September 21, 2018).
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Scope of the Orders
The merchandise subject to the orders is SSB. For a complete
description of the scope of these orders, see Appendices I and II of
this notice.
Continuation of the Order on SSB From India
As a result of the determinations by Commerce and the ITC that
revocation of the antidumping duty order on SSB from India would likely
lead to a continuation or recurrence of dumping and material injury to
an industry in the United States, pursuant to section 751(d)(2) of the
Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of
the antidumping duty order on SSB from India. U.S. Customs and Border
Protection (CBP) will continue to collect antidumping duty cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise.
The effective date of the continuation of the order will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, Commerce
intends to initiate the next sunset review of the order not later than
30 days prior to the fifth anniversary of the effective date of
continuation.
Revocation of the Antidumping Duty Orders on SSB From Brazil, Japan,
and Spain
As a result of the determinations by the ITC that revocation of the
antidumping duty orders on SSB from Brazil, Japan, and Spain would not
be likely to lead to the continuation or recurrence of material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce is revoking the antidumping duty orders on SSB from
Brazil, Japan, and Spain. Pursuant to section 751(d)(2) of the Act and
19 CFR 351.222(i)(2)(i), the effective date of revocation is August 9,
2017 (i.e., the fifth anniversary of the date of publication in the
Federal Register of the notice of continuation of the antidumping duty
Continuation of Orders).\6\
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\6\ See Stainless Steel Bar from Brazil, India, Japan, and
Spain: Continuation of Antidumping Duty Orders, 77 FR 47595 (August
9, 2012) (Continuation of Orders).
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[[Page 49911]]
Cash Deposits and Assessment of Duties on SSB From Brazil, Japan, and
Spain
Commerce intends to issue instructions to CBP, 15 days after
publication of this notice, to terminate the suspension of liquidation
and to discontinue the collection of cash deposits on entries of SSB
from Brazil, Japan, and Spain entered, or withdrawn from warehouse, on
or after August 9, 2017. Commerce intends to further instruct CBP to
refund, with interest, all cash deposits on unliquidated entries made
on or after August 9, 2017. Entries of subject merchandise made prior
to the effective date of revocation will continue to be subject to
suspension of liquidation and antidumping deposit requirements and
assessments.
These sunset reviews and this notice are in accordance with section
751(c) of the Act and published pursuant to section 777(i)(1) of the
Act and 19 CFR 351.218(f)(4).
Dated: September 27, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order: Brazil, India, and Spain
The merchandise subject to the order is SSB. The term SSB with
respect to the orders means 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. SSB includes
cold-finished SSBs 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), 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 the
orders is currently classifiable under subheadings 7222.10.00,
7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 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.
Appendix II
Scope of the Order: Japan
The merchandise subject to the order is SSB. The term SSB with
respect to the order means 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. SSB includes
cold-finished SSBs 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.
Furthermore, effective for entries entered, or withdrawn for
warehouse, for consumption on or after February 1, 2010, the term
does not include one SSB product under Grade 304 and two types of
SSB products under Grade 440C. (1) The Grade 304 product meets the
following descriptions: round cross-section, cold finished, chrome
plated (plating thickness 10 microns or greater), hardness of
plating a minimum 750 HV on the Vickers Scale, maximum roundness
deviation of 0.020 mm (based on circularity tolerance described in
JIS B 0021 (1984)), in actual (measured) lengths from 2000 mm to
3005 mm, in nominal outside diameters ranging from 6 mm to 30 mm
(diameter tolerance for any size from minus 0.010 mm to minus 0.053
mm). Tolerance can be defined as the specified permissible deviation
from a specified nominal dimension; for example if the nominal
outside diameter of the product entering is 6 mm, then the actual
measured sizes should fall within 5.947 mm to 5.990 mm; (2) The
first Grade 440C product meets the following descriptions: round
cross-section, cold finished, heat treated through induction
hardening, minimum Rockwell hardness of 56 Hardness of 56 HRC,
maximum roundness deviation of 0.007 mm (based on circularity
tolerance described in JIS B 0021 (1984)), in actual (measured)
lengths from 500 mm to 3005 mm, in nominal outside diameters ranging
from 3 mm to 38.10 mm (diameter tolerance for any size from 0.00 mm
to minus 0.150 mm). Tolerance can be defined as the specified
permissible deviation from a specified nominal dimension; for
example if the nominal outside diameter of the product entering is 3
mm, then the actual measured sizes should fall within 2.850 mm to
3.000 mm; (3) The second Grade 440C product meets the following
descriptions: round cross-section, cold finished, chrome plated
(plating thickness 5 microns or greater), heat treated through
induction hardening, minimum Rockwell Hardness of 56 HRC, maximum
roundness deviation of 0.007 mm (based on circularity tolerance
described in JIS B 0021 (1984)), in actual (measured) lengths from
2000 mm to minus 3005 mm, (diameter tolerance for any size from
minus 0.004 mm to minus 0.020 mm). Tolerance can be defined as the
specified permissible deviation from a specified nominal dimension;
for example if the nominal outside diameter of the product entering
is 6 mm, then the actual measured sizes should fall within 5.980 mm
to 5.996 mm.
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), 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 the
order is currently classifiable under subheadings 7222.10.00,
7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 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.
[FR Doc. 2018-21536 Filed 10-2-18; 8:45 am]
BILLING CODE 3510-DS-P