[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Notices]
[Pages 61065-61066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29344]
[[Page 61065]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-401-040]
Stainless Steel Plate From Sweden: Notice of Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review.
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SUMMARY: On July 7, 1999, the Department of Commerce (the Department)
published the preliminary results of review in the antidumping duty
administrative review of stainless steel plate from Sweden (64 FR
36667). The review covers two manufacturers/exporters, Avesta Sheffield
AB (Avesta) and Uddeholm Tooling AB, Bohler-Uddeholm Corporation and
Uddeholm Limited (collectively, Uddeholm), of the subject merchandise
to the United States and the period June 1, 1997 through May 31, 1998.
EFFECTIVE DATE: November 9, 1999.
FOR FURTHER INFORMATION CONTACT: Jonathan Lyons, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202) 482-0374.
SUPPLEMENTARY INFORMATION:
Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (``the Act'') are references to the provisions
effective January 1, 1995, the effective date of the amendments made to
the Act by the Uruguay Round Agreements Act (``URAA''). In addition,
unless otherwise indicated, all citations to the Department's
regulations are references to the provisions codified at 19 CFR part
351 (1998).
Background
The Department of the Treasury published an antidumping finding on
stainless steel plate from Sweden on June 8, 1973 (38 FR 15079). On
July 7, 1999, the Department published in the Federal Register the
preliminary results of antidumping duty administrative review of this
antidumping finding (64 FR 36667) for the period June 1, 1997 through
May 31, 1998. We invited interested parties to comment and received one
comment regarding Avesta. The Department has now completed this review
in accordance with section 751(a) of the Act.
Scope of the Review
Imports covered by this review are shipments of stainless steel
plate which is commonly used in scientific and industrial equipment
because of its resistance to staining, rusting and pitting. Stainless
steel plate is classified under Harmonized Tariff Schedule of the
United States (HTSUS) item numbers 7219.11.00.00, 7219.12.00.05,
7219.12.00.15, 7219.12.00.45, 7219.12.00.65, 7219.12.00.70,
7219.12.00.80, 7219.21.00.05, 7219.21.00.50, 7219.22.00.05,
7219.22.00.10, 7219.22.00.30, 7219.22.00.60, 7219.31.00.10,
7219.31.00.50, 7220.11.00.00, 7222.30.00.00, and 7228.40.00.00.
Although the subheadings are provided for convenience and customs
purposes, the written description of the merchandise is dispositive.
Period of Review
The period of review is June 1, 1997 through May 31, 1998.
Analysis of Comments Received
We invited interested parties to comment on the preliminary results
of this administrative review. We received a timely filed case brief
from Avesta. Uddeholm informed the Department that it had no comments
on the preliminary determination. Petitioners did not submit any
comments.
Comment 1: Proper Facts Available Rate for Avesta
On September 2, 1998, Avesta notified the Department that it was
unable to participate in the 1997-1998 administrative review and that
it was not responding to the questionnaire sent by the Department on
August 12, 1998. Because Avesta declined to respond to the Department's
questionnaire, we assigned Avesta an adverse facts available rate of
29.36 percent in our preliminary determination.
Avesta argues that the Department, in determining the facts
available rate for this review, used a final margin from a previous
review that was subsequently amended. Avesta asserts that the margin
used, which was published on January 12, 1998 (63 FR 1824) for the
1995-1996 administrative review, was amended on February 19, 1998 (63
FR 8434). Avesta further asserts that the corrected, lower rate of
24.67 percent should be the used as the basis of the Department's facts
available determination, as it is the accurate highest previous margin
in this case. Avesta argues that the Department should rely on the
revised rate that reflects the correction of an error made by the
Department in its 1995-1996 final determination. With the publication
of the amended final results for the 1995-1996 period of review, Avesta
asserts that the Department acknowledged that the initial final rate
was, in fact, an intermediary rate that was neither reliable nor
relevant.
Department's Position
The Department agrees with Avesta that the most appropriate facts
available rate should be the highest final, amended rate from previous
segments conducted by the Department, which for the instant review is
Avesta's amended final rate for the 1995-1996 administrative review
period. As noted in the preliminary determination, the Department
selects a facts available rate that can be deemed both reliable and
relevant (64 FR at 36668-69). Preliminary results, and final results
that are later amended, are by their nature intermediary. In selecting
the proper basis for a facts available rate, section 351.308(c)(1)(iii)
of the Department's regulations specifies that results from previous
administrative reviews can be considered an appropriate basis for
secondary information used to make an adverse inference. In the instant
review, the facts available margin selected is a rate calculated in a
prior segment of the proceeding. Since the Department amended the rate
in the final results for the 1995-1996 period of review, the amended
final rate for the 1995-1996 review supersedes previous rates published
for that segment in terms of accuracy and appropriateness. The amended
final rate is the most reliable and relevant, thus meeting the
requirements of section 776(c) of the Act.
Final Results of Review
As a result of this review, we determine that the following margins
exist for the period June 1, 1997 through May 31, 1998:
Avesta--24.67 percent
Uddeholm--7.30 percent
The Department shall determine, and the U.S. Customs Service shall
assess, antidumping duties on all appropriate entries. The Department
shall issue appraisement instructions directly to the Customs Service.
For assessment purposes, we have calculated importer-specific duty
assessment rates for the merchandise based on the ratio of the total
amount of antidumping duties calculated for the examined sales to the
total entered value of sales examined.
Furthermore, the following deposit requirements will be effective,
upon publication of this notice of final results of review, for all
shipments of stainless
[[Page 61066]]
steel plate from Sweden entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided for by
section 751(a)(1) of the Act: (1) The cash deposit rates for Avesta and
Uddeholm will be the rates stated above; (2) for previously
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, or
the original 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 4.46 percent, the
all others rate established in the less-than-fair-value (LTFV)
investigation. These deposit requirements, when imposed, shall remain
in effect until publication of the final results of the next
administrative review.
This notice 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 double antidumping duties.
This notice also 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 section 351.306 of the Department's regulations.
Timely 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.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act, section 771(i) of the Act, and 19 CFR
351.213.
Dated: November 2, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-29344 Filed 11-8-99; 8:45 am]
BILLING CODE 3510-DS-P
