[Federal Register: March 11, 2003 (Volume 68, Number 47)]
[Notices]
[Page 11520-11521]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr03-19]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-808, A-122-830, A-475-822, A-580-831, A-791-805, A-583-830]
Notice of Amended Antidumping Duty Orders; Certain Stainless
Steel Plate in Coils From Belgium, Canada, Italy, the Republic of
Korea, South Africa, and Taiwan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended antidumping duty orders.
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EFFECTIVE DATE: March 11, 2003.
FOR FURTHER INFORMATION CONTACT: Robert Bolling at (202) 482-3434 or
Robert James at (202) 482-0649, Antidumping and Countervailing Duty
Enforcement Group III, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230.
Background
On May 21, 1999, the Department published in the Federal Register
the antidumping duty orders on certain stainless steel plate in coils
(stainless steel plate) from Belgium, Canada, Italy, the Republic of
Korea, South Africa, and Taiwan. See Antidumping Duty Orders; Certain
Stainless Steel Plate in Coils from Belgium, Canada, Italy, the
Republic of Korea, South Africa, and Taiwan, 64 FR 27756 (May 21, 1999)
(Antidumping Duty Orders).
Respondents appealed the affirmative material injury findings of
the International Trade Commission (the Commission) with respect to
hot-rolled stainless steel plate. The Court of International Trade (the
Court) affirmed those findings in Acciai Speciali Terni v. United
States, 118 F. Supp. 2d 1298 (CIT 2000).
The Commission's negative material injury determination with
respect to cold-rolled stainless steel plate was the subject of a
separate appeal. The Court upheld the Commission's determination in
Allegheny Ludlum Corp. v. United States, 116 F. Supp 2d 1276 (CIT
2000). However, on a subsequent appeal to the Court of Appeals for the
Federal Circuit, the Federal Circuit vacated the Court's decision and
remanded for proceedings not inconsistent with its decision.
On remand the Commission reversed its original negative injury
findings with respect to cold-rolled stainless steel plate and
``determined that an industry in the United States is materially
injured by reason of imports of certain stainless steel plate from
Belgium, Canada, Italy, Korea, South Africa and Taiwan * * *'' Certain
Stainless Steel Plate From Belgium, Canada, Italy, Korea, South Africa,
and Taiwan; Notice of Final Court Decision Affirming Remand
Determinations, 68 FR 8925 (February 26, 2003). On December 12, 2002,
the Court affirmed the remand redetermination as ``being in accordance
with the Court's remand order.'' Id. at 8926. The result of this
decision is to include both hot-rolled and cold-rolled stainless steel
plate in coils within the scope of these orders.
As there was no timely appeal of the Court's order to the Federal
Circuit, the judicial proceedings have ended. Therefore, we are
amending the scope of the antidumping duty orders to remove the
original language which excluded cold-rolled stainless steel plate in
coils, in accordance with the Court's final decision. See Antidumping
Duty Orders. This amendment did not require any changes in the HTS
subheadings listed below in the ``Scope of the Orders'' section.
Scope of the Orders
The product covered by these orders is certain stainless steel
plate 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 plate products
are flat-rolled products, 254 mm or over in width and 4.75 mm or more
in thickness, in coils, and annealed or otherwise heat treated and
pickled or otherwise descaled. The subject plate may also be further
processed (e.g., cold-rolled, polished, etc.) provided that it
maintains the specified dimensions of plate following such processing.
Excluded from the scope of these orders are the following: (1) Plate
not in coils, (2) plate that is not annealed or otherwise heat treated
and pickled or otherwise descaled, (3) sheet and strip, and (4) flat
bars.
The merchandise subject to this review is currently classifiable in
the Harmonized Tariff Schedule of the United States (HTS) at
subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.05,
7219.12.00.20, 7219.12.00.25, 7219.12.00.50, 7219.12.00.55,
7219.12.00.65, 7219.12.00.70, 7219.12.00.80,
[[Page 11521]]
7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 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,
7220.90.00.10, 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 written description of the merchandise subject to these
orders is dispositive.
Amended Antidumping Duty Orders and Suspension of Liquidation
In accordance with section 736(a)(1) of the Tariff Act, the
Department will direct Customs officers to assess, upon further advice
by the Department, antidumping duties equal to the amount by which the
normal value of the merchandise exceeds the export price (or
constructed export price) of the merchandise for all relevant entries
of stainless steel plate in coils, as described in the ``Scope of the
Orders'' section above, from Belgium, Canada, Italy, Korea, South
Africa and Taiwan. These antidumping duties will be assessed on all
unliquidated entries of stainless steel plate in coils, other than
cold-rolled stainless steel plate in coils, from Belgium, Canada,
Italy, Korea, South Africa and Taiwan entered, or withdrawn from
warehouse, for consumption on or after November 4, 1998, the date on
which the Department published its notices of preliminary determination
in the Federal Register (63 FR 59524 through 59544).
Furthermore, effective the date of publication of this notice, we
will instruct the Customs service to require cash deposits on all
entries of cold-rolled stainless steel plate in coils, as well as other
stainless steel plate in coils subject to these orders, in accordance
with the Court's December 12, 2002 opinion in Allegheny Ludlum v.
United States.
For unreviewed producers, and for ``All Others,'' the applicable
weighted-average margins are those established in the original final
determinations. For those producers that have been reviewed the
applicable weighted-average margins are those established in the
investigation or the most recently completed final results of an
antidumping administrative review, as noted below:
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Producer/manufacturer/exporter Cash deposit rate
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Belgium:
ALZ, N.V..................... 3.84% (67 FR 64352)
All Others................... 9.86%
Canada:
Atlas Stainless Steel (Sammi 15.35%
Atlas).
All Others................... 11.10%
Italy:
ThyssenKrupp Acciai Speciali 0.00% (67 FR 63618)
Terni SpA (TKAST).
All Others................... 39.69%
Republic of Korea:
Pohang Iron & Steel Co., Ltd. 1.19% (66 FR 64017)
All Others................... 6.08%
South Africa:
Columbus Stainless........... 37.77% \1\
All Others................... 77%1 \1\
Taiwan:
Yieh United Steel Corporation 8.02% (67 FR 40914)
(YUSCO).
YUSCO/ Ta Chen............... 10.20%
All Others................... 7.39%
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\1\ In accordance with section 772(c)(1)(C) of the Tariff Act the cash
deposit rate for South Africa has been reduced by 3.86 percent to
account for export subsidies found in the concurrent countervailing
duty investigation (See Final Affirmative Countervailing Duty
Determination: Stainless Steel Plate in Coils From South Africa, 63 FR
15553, March 31, 1999), Antidumping Duty Orders, and Memorandum to
Bernard Carreau, ``Ministerial Error Allegations * * * in the Final
Determination of the Countervailing Duty Investigation of Certain
Stainless Steel Wire Rod [sic] from South Africa,'' April 30, 1999.
Customs officers must require, at the same time as importers would
normally deposit estimated duties on this merchandise, cash deposits
equal to the rates presently in effect. This notice constitutes the
amended antidumping duty orders with respect to certain stainless steel
plate in coils from Belgium, Canada, Italy, Korea, South Africa and
Taiwan. Interested parties may contact the Department's Central Records
Unit, room B-099 of the main Commerce building, for copies of an
updated list of antidumping duty orders currently in effect.
These amended orders are published in accordance with section
736(a) of the Tariff Act of 1930, as amended.
Dated: March 5, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-5891 Filed 3-10-03; 8:45 am]