[Federal Register: October 10, 2003 (Volume 68, Number 197)]
[Notices]
[Page 58660-58661]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc03-42]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-820, A-428-830, A-475-829, A-580-847, A-412-822]
Notice of Amended Antidumping Duty Orders: Stainless Steel Bar
From France, Germany, Italy, Korea, and the United Kingdom
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended antidumping duty orders.
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EFFECTIVE DATE: October 10, 2003.
FOR FURTHER INFORMATION CONTACT: Andrew Smith or John Brinkmann, (202)
482-1276 or (202) 482-4126, respectively; Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230.
Summary
The Department of Commerce is amending its antidumping duty orders
in these investigations to bring them into compliance with section
733(d) of the Tariff Act of 1930, as amended. Specifically, these
antidumping duty orders are amended to state that the suspension of
liquidation ordered in the preliminary determinations in these
investigations shall be discontinued for subject merchandise entered on
or after January 29, 2002, through March 7, 2002.
Scope of 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 investigation 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 investigation is dispositive.
Background
On August 2, 2001, the Department of Commerce (``the Department'')
preliminarily determined that stainless steel bar from France, Germany,
Italy, Korea, and the United Kingdom was being sold in the United
States at less than fair value (``LTFV''), as provided in section
735(a) of the Tariff Act of 1930, as amended (``the Act''). See 66 FR
40201 (August 2, 2001) for France; 66 FR 40208 (August 2, 2001) for
Germany; 66 FR 40214 (August 2, 2001) for Italy; 66 FR 40222 (August 2,
2001) for Korea; 66 FR 40192 (August 2, 2001) for the United Kingdom
(collectively ``the SSBar Preliminary Determinations'')
Due to scheduling problems evolving from the events of September
11, 2001, the Department tolled the final determination deadlines in
these investigations until January 15, 2002. On January 15, 2002, the
Department determined that stainless steel bar from France, Germany,
Italy, Korea, and the United Kingdom was being sold in the United
States at LTFV, as provided in section 735(a) of the Act. See 67 FR
3143 (January 23, 2002) for France; 67 FR 3159 (January 23, 2002) for
Germany; 67 FR 3155 (January 23, 2002) for Italy; 67 FR 3149 (January
23, 2002) for Korea; 67 FR 3146 (January 23, 2002) for the United
Kingdom (collectively ``the SSBar Final Determinations''). The
Department subsequently amended the
[[Page 58661]]
final determination of the antidumping duty investigation of stainless
steel bar from Germany to correct ministerial errors. See 67 FR 10382
(March 7, 2002).
On February 28, 2002, the International Trade Commission (``ITC'')
notified the Department of its final determinations pursuant to Section
735(b)(1)(A)(i) of the Act that an industry in the United States is
materially injured by reason of LTFV imports of subject merchandise
from France, Germany, Italy, Korea, and the United Kingdom. The ITC
published its final affirmative injury determination on March 8, 2002.
See 67 FR 10756 (March 8, 2002). Accordingly, the Department issued
Antidumping Duty Orders in which it directed the U.S. Bureau of Customs
and Border Protection (``BCBP'') to assess, upon further advice by the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeded the export price or constructed
export price of the merchandise for all relevant entries of stainless
steel bar from France, Germany, Italy, Korea, and the United Kingdom.
See 67 FR 10385 (March 7, 2002) for France; 67 FR 10382 (March 7, 2002)
for Germany; 67 FR 10384 (March 7, 2002) for Italy; 67 FR 10381 for
Korea; 67 FR 10381 (March 7, 2002) for the United Kingdom (collectively
``the SS Bar AD Orders''). The Department directed the BCBP to assess
antidumping duties on all unliquidated entries of imports of the
subject merchandise that are entered, or withdrawn from warehouse, for
consumption on or after August 2, 2001, the date on which the
Department published its SS Bar Preliminary Determinations in the
Federal Register.
Amended Antidumping Duty Orders
The SS Bar Orders incorrectly stated that antidumping duties will
be assessed on all unliquidated entries of imports of the subject
merchandise that are entered, or withdrawn from warehouse, for
consumption on or after August 2, 2001, the date on which the
Department published its notices of affirmative preliminary
determinations in the Federal Register. Section 733(d) of the Act
states that instructions issued pursuant to an affirmative preliminary
determination ``may not remain in effect for more than 4 months''
except where, as was the case in these investigations, ``exporters
representing a significant proportion of exports of the subject
merchandise, extend that 4-month period to not more than 6 months.'' In
these SS Bar investigations, January 29, 2002, is 6 months from the
date of publication of the SS Bar Preliminary Determinations.
Furthermore, section 737 of the Act states that definitive duties are
to begin on the date of publication of the ITC's final injury
determination, March 8, 2002. Accordingly, except as otherwise noted
below, the SS Bar AD Orders are amended to state that:
These antidumping duties will be assessed on all unliquidated
entries of stainless steel bar from France, Germany, Italy, Korea, and
the United Kingdom entered, or withdrawn from warehouse, for
consumption on or after August 2, 2001, the date of the publication of
the SS Bar Preliminary Determinations in the Federal Register. In
accordance with section 733(d) of the Act, we will instruct the BCBP to
terminate the suspension of liquidation and to liquidate, without
regard to antidumping duties, unliquidated entries of stainless steel
bar from France, Germany, Italy, Korea and the United Kingdom entered,
or withdrawn from warehouse, for consumption on or after January 29,
2002, through and including March 7, 2002. Suspension of liquidation
will continue on or after March 8, 2002.
Any liquidation instructions issued to the BCBP will exclude
entries that have been enjoined from liquidation. Therefore,
instructions will not be issued covering enjoined entries of stainless
steel bar from Italy and the United Kingdom, until either the
conclusion of the ongoing litigation with respect to the final
determination, pursuant to which these entries have been enjoined from
liquidation, or the injunction in those cases are lifted or amended to
allow liquidation of those entries. See Slater Steels Corp. v. United
States, Consol. Court. No. 02-00189; Corus Engineering Steels Ltd. v.
United States, Court No. 02-00283.
This notice constitutes the amended antidumping duty order with
respect to stainless steel bar from France, Germany, Italy, Korea, and
the United Kingdom, pursuant to section 736(a) of the Act. Interested
parties may contact the Department's CRU for copies of an updated list
of antidumping duty orders currently in effect.
This amended order is published in accordance with section 736(a)
of the Act and 19 CFR 351.211.
Dated: October 3, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-25772 Filed 10-9-03; 8:45 am]