[Federal Register: August 10, 2005 (Volume 70, Number 153)]
[Notices]
[Page 46482-46483]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au05-34]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-427-820
Stainless Steel Bar from France: Final Results of Antidumping
Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 6, 2005, the Department of Commerce published the
preliminary results of the second administrative review of the
antidumping duty order on stainless steel bar from France. The review
covers UGITECH S.A. (UGITECH), a manufacturer/exporter of the subject
merchandise. The period of review is March 1, 2003, through February
29, 2004.
The Department preliminarily determined that UGITECH is the
successor-in-interest to Ugine-Savoie Imphy S.A. for purposes of
determining antidumping duty liability. The Department is now affirming
its preliminary results.
Based on our analysis of the comments received, we have made
changes in the margin calculations. Therefore, the final results differ
from the preliminary results. The final weighted-average dumping margin
for the reviewed firm is listed below in the section entitled ``Final
Results of Review.''
EFFECTIVE DATE: August 10, 2005.
FOR FURTHER INFORMATION CONTACT: Terre R. Keaton or David J.
Goldberger, AD/CVD Operations, Office 2, Import Administration-Room
B099, International Trade Administration, U.S. Department of Commerce,
14th Street and Constitution Avenue, NW, Washington, DC 20230;
telephone: (202) 482-1280 or (202) 482-4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 6, 2005, the Department of Commerce (the Department)
published the preliminary results of the second administrative review
of the antidumping duty order on stainless steel bar from France (70 FR
17411) (Preliminary Results). We invited parties to comment on the
Preliminary Results. On May 20 and 27, 2005, the parties submitted case
and rebuttal briefs, respectively. We have conducted this
administrative review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (``the Act'').
Scope of the Order
For 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 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 stainless steel bar 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 this order is dispositive.
Successor-in-Interest Analysis
In the Preliminary Results, we determined that UGITECH is the
successor-in-interest to Ugine-Savoie Imphy S.A. Neither party objected
to our preliminary finding. Therefore, for the final results, we
continue to find that UGITECH is the successor-in-interest to Ugine-
Savoie Imphy S.A. for antidumping duty cash deposit purposes. We will
notify U.S. Customs and Border Protection (CBP) accordingly.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this antidumping duty administrative review are addressed in the August
4, 2005, Issues and Decision Memorandum for the Final Results of
Stainless Steel Bar from France (Decision Memo), which is hereby
adopted by this notice. A list of the issues which parties have raised
and to which we have responded, all of which are in the Decision Memo,
is attached to this notice as an Appendix. Parties can find a complete
discussion of all issues raised in this review and the corresponding
recommendations in this public memorandum which is on file in the
Central Records Unit, room B-099 of the main Department building. In
addition, a complete version of the Decision Memo can be accessed
directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision Memo are identical in content.
Changes from the Preliminary Results
Based on our analysis of the comments received, we have made
certain changes to the margin calculations which are detailed in the
Decision Memo.
Final Results of Review
We determine that the following weighted-average margin percentage
exists:
[[Page 46483]]
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Manufacturer/exporter Margin (percent)
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UGITECH S. A........................................ 14.98
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Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries, in accordance with 19 CFR 351.212.
The Department will issue appropriate appraisement instructions for the
company subject to this review directly to CBP within 15 days of
publication of these final results of review. In accordance with 19 CFR
351.106(c)(1), we will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any importer-specific
assessment rate calculated in the final results of this review is above
de minimis (i.e., is not less than 0.50 percent). We calculated
importer-specific assessment rates for the subject merchandise by
aggregating the dumping margins calculated for all of the U.S. sales
examined and dividing this amount by the total entered value of the
sales examined.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(1) of the Act: (1) the cash deposit rate for UGITECH will be
14.98 percent; (2) for previously reviewed or investigated companies
not listed above, the cash deposit rate will continue to be the
company-specific rate published for the most recent period; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original less-than-fair-value (LTFV) investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the merchandise; and (4)
the cash deposit rate for all other manufacturers or exporters will
continue to be 3.90 percent. This rate is the ``All Others'' rate from
the LTFV investigation. These deposit requirements shall remain in
effect until publication of the final results of the next
administrative review.
This notice also 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 serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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. We
are issuing and publishing this determination and notice in accordance
with sections 751(a)(1) and 777(i) of the Act.
Dated: August 4, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix List of Issues
Comment 1: The Treatment of the Impairment of Assets Recognized in
UGITECH's 2003 Financial Statements
Comment 2: The Treatment of Certain Research and Development Expenses
in the Total Cost of Production Calculation
Comment 3: The Treatment of Non-Realized Restructuring Expenses in the
General Administrative Expense Calculation
Comment 4: Level of Trade in the Home Market
Comment 5: Whether to Combine Certain Grade Codes for Product Matching
Comment 6: The Treatment of Early Payment Discount for Unpaid Home
Market Sales
Comment 7: The Date of Shipment for Certain U.S. Consignment Sales
Comment 8: The Date of Payment for Unpaid U.S. Sales
Comment 9: Alleged Additional Direct Expenses on Certain U.S. Sales
[FR Doc. E5-4330 Filed 8-9-05; 8:45 am]
BILLING CODE 3510-DS-S