[Federal Register: November 22, 2004 (Volume 69, Number 224)]
[Notices]
[Page 67892-67894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no04-38]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-834, A-583-831, A-412-818]
Stainless Steel Sheet and Strip in Coils from The Republic of
Korea, Taiwan and the United Kingdom; Final Results of the Expedited
Five Year (``Sunset'') Reviews of Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
ACTION: Notice of Final Results of the Expedited Five Year (``Sunset'')
Reviews of Antidumping Duty Orders on Stainless Steel Sheet and Strip
in Coils from the Republic of Korea, Taiwan, and the United Kingdom.
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SUMMARY: On June 1, 2004, the Department of Commerce (``the
Department'') initiated sunset reviews of the antidumping duty orders
on stainless steel sheet and strip in coils (``SSSS'') from the
Republic of Korea (``Korea''), Taiwan, and the United Kingdom
(``UK'').\1\ On the basis of the notice of intent to participate,
adequate substantive comments filed on behalf of the domestic
interested parties, and inadequate response from respondent interested
parties, the Department conducted expedited sunset reviews of the
antidumping duty orders pursuant to section 751(c)(3)(B) of the Tariff
Act of 1930, as amended, (``the Act'') and section 351.218(e)(1)(ii)(B)
of the Department's regulations. As a result of these sunset reviews,
the Department determined that revocation of the antidumping duty
orders would likely lead to continuation or recurrence of dumping at
the levels listed below in the section entitled ``Final Results of
Review''.
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\1\ See Initiation of Five-Year (``Sunset'') Reviews, 69 FR
30874 (June 1, 2004) (``Notice of Initiation'').
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EFFECTIVE DATE: November 22, 2004.
FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street & Constitution Avenue, NW,
Washington, DC, 20230; telephone: 202-482-5050.
SUPPLEMENTARY INFORMATION:
Scope of Orders
For purposes of this sunset review, the products covered 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 further processed
(i.e., 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
[[Page 67893]]
certified at the time of entry to be used in the manufacture of razor
blades.\2\
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\2\ See Chapter 72 of the HTSUS, ``Additional U.S. Note'' 1(d).
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In response to comments by interested parties, the Department has
determined that certain specialty stainless steel products are also
excluded from the scope of this order. These excluded products are
described below.
Flapper valve steel 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 sulfide 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 for 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. his 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 between 0.002 and 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.''\3\
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\3\ ``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.''\4\
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\4\````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.''\5\
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\5\ ``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 (i.e.,
carpet knives).\6\ This steel is similar to ASTM grade 440F, 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. 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 square micron. 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.''\7\
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\6\ This list of uses is illustrative and provided for
descriptive purposes only.
\7\ ``GIN4 Mo'', ``GIN5'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
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Background
On June 1, 2004, the Department initiated sunset reviews of the
antidumping duty orders on SSSS from Korea, Taiwan, and the UK in
accordance with section 751(c) of the Act. See Notice of Initiation, 69
FR 30874 (June 1, 2004).
The Department received notices of intent to participate within the
applicable deadline specified in section 351.218(d)(1)(i) of the
Department's regulations on behalf of Allegheny Ludlum Corporation
(``Allegheny Ludlum''), North America Stainless (``NAS''), Nucor
Corporation (``Nucor''), the United Steelworkers of America, AFL-CIO/
CLC (``USWA''); Local 3303 United Auto Workers (``Local 3303
[[Page 67894]]
UAW'')(formerly the Butler Armco Independent Union; and the Zanesville
Armco Independent Organization, Inc. (``ZAIO'')(collectively ``domestic
interested parties''). The domestic interested parties claimed
interested-party status as U.S. producers of the subject merchandise,
or certified unions whose workers are engaged in the production of the
subject merchandise in the United States as defined by section
771(9)(C) and (D) of the Act.
The Department received complete substantive responses from the
domestic interested parties within the 30-day deadline specified in the
Department's regulations under section 351.218(d)(3)(i). However, the
Department did not receive any responses from respondent interested
parties to these proceedings. As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted expedited sunset reviews of these antidumping duty
orders.
These antidumping duty orders remain in effect for manufacturers,
producers, and exporters of SSSS from Korea, Taiwan, and the UK, except
for Inchon Iron & Steel Co., a Korean company for which the order was
revoked in the investigation, and Tung Mung and Chang Mein, Taiwanese
companies.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum (``Decision Memo'') from Ronald K. Lorentzen,
Acting Director, Office of Policy, Import Administration, to James J.
Jochum, Assistant Secretary for Import Administration, dated November
15, 2004, which is hereby adopted by this notice. The issues discussed
in the Decision Memo include the likelihood of continuation or
recurrence of dumping and the magnitude of the margin likely to prevail
if the antidumping duty orders were revoked. Parties can find a
complete discussion of all issues raised in these sunset reviews and
the corresponding recommendations in this public memo, which is on file
in room B-099 of the main Commerce Building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the
heading ``November 2004.'' The paper copy and electronic version of the
Decision Memo are identical in content.
Final Results of Reviews
The Department determines that revocation of the antidumping duty
orders on SSSS from Korea, Taiwan, and the UK would likely lead to
continuation or recurrence of dumping at the following weighted-average
margins:
KOREA
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Weighted-Average
Manufacturers/Producers/Exporters Margin (Percent)
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POSCO............................................... 2.49
Taihan Electric Wire Co., Ltd....................... 58.79
Daiyang Metal Co., Ltd.............................. 5.44
All Others.......................................... 2.49
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TAIWAN
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Weighted-Average
Manufactureres/Producers/Exporters Margin (Percent)
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Tung Mung/Ta Chen................................... 15.40
Tung Mung........................................... Excluded
YUSCO/Ta Chen....................................... 36.44
YUSCO............................................... 21.00
All Others.......................................... 12.61
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UK
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Weighted-Average
Manufacturer/Producers/Exporters Margin (Percent)
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Avesta Sheffield Ltd./Avesta Sheffield NAD, Inc..... 14.84
All Others.......................................... 14.84
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This notice also serves as the only 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. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective order is 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 the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: November 15, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-3278 Filed 11-19-04; 8:45 am]