[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31801]
[Federal Register: December 28, 1994]
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DEPARTMENT OF COMMERCE
[A-588-833]
Notice of Final Determination of Sales at Less than Fair Value:
Stainless Steel Bar From Japan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 28, 1994.
FOR FURTHER INFORMATION CONTACT: Irene Darzenta or Kate Johnson, Office
of Antidumping Investigations, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-
6320 or (202) 482-4929.
Final Determination
The Department of Commerce (the Department) determines that
stainless steel bar (SSB) from Japan is being, or is likely to be, sold
in the United States at less than fair value, as provided in section
733 of the Tariff Act of 1930, as amended (the Act) (19 U.S.C. 1673b).
The estimated margins are shown in the ``Suspension of Liquidation''
section of this notice.
Scope of Investigation
The merchandise covered by this investigation is SSB. For purposes
of this investigation, the term ``stainless steel bar'' means 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. SSB includes cold-finished SSBs 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), wire (i.e., cold-formed products in coils,
of any uniform solid cross sections along their whole length, which do
not conform to the definition of flat-rolled products), and angles,
shapes and sections.
The SSB subject to this investigation is currently classifiable
under subheading 7222.10.0005, 7222.10.0050, 7222.20.0005,
7222.20.0045, 7222.20.0075, and 7222.30.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS subheading is
provided for convenience and customs purposes, our written description
of the scope of this investigation is dispositive.
Period of Investigation
The period of investigation (POI) is July 1, 1993, through December
31, 1993.
Case History
Since the announcement of the preliminary determination on July 29,
1994, the following events have occurred. Also on July 29, 1994,
petitioners submitted a letter opposing respondents' request for
postponement of the final determination. On August 1, 1994, petitioners
supplemented their July 29, 1994, submission.
On August 4, 1994, we published the notice of preliminary
determination in the Federal Register (59 FR 39739). Petitioners
requested the opportunity to participate in a hearing, if held, on
August 10, 1994,
On August 26, 1994, we published the postponement of final
determination in the Federal Register (59 FR 44129).
On October 19, 1994, Autocam, a U.S. manufacturer of precision
machined parts for the automotive industry and importer of subject
merchandise, requested that we temporarily exclude from the scope of
this investigation a series of modified 430 leaded stainless steel.
Petitioners filed a letter in support of Autocam's request on November
9, 1994.
On November 21, 1994, we informed both Autocam and petitioners that
the request as stated was not acceptable and that they could either
withdraw the request or resubmit it. Since that time, petitioners have
not commented further on this issue.
Petitioners were the only interested party to file a case brief in
this investigation. They did so on November 8, 1994.
Best Information Available
In accordance with section 776(c) of the Act, we have determined
that the use of best information available (BIA) is appropriate for the
three named respondents. Given that none of the three responded to the
Department's questionnaire, we find they have not cooperated in this
investigation.
Specifically, our BIA methodology for uncooperative respondents is
to assign the higher of the highest margin alleged in the petition or
the highest rate calculated for another respondent. Accordingly, as
BIA, we are assigning the highest margin among the margins alleged in
the petition. See Antifriction Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof From the Federal Republic of Germany; Final
Results of Antidumping Duty Administrative Review (56 FR 31692, 31704,
July 11, 1991). The Department's methodology for assigning BIA has been
upheld by the U.S. Court of Appeals of the Federal Circuit. (see Allied
Signal Aerospace Co. v. United States, 996 F.2d 1185 (Fed. Cir. 1993));
see also Krupp Stahl, AG et al. v. United States, 822 F. Supp. 789 (CIT
1993)).
Interested Party Comments
Comment 1
Petitioners argue that since the issuance of the preliminary
determination, there have been no further efforts on the part of any
respondent to cooperate with the Department in this case or submit any
information requested. Accordingly, petitioners believe that the final
determination should continue to be based on the highest margin of
dumping alleged in the petition for all Japanese SSB producers and
exporters, 61.47 percent.
DOC Position
We agree with petitioners and have continued to use the highest
margin of dumping alleged in the petition for purposes of the final
determination.
Suspension of Liquidation
In accordance with section 733(d)(1) (19 U.S.C. 1673b(d)(1)) of the
Act, we are directing the U.S. Customs Service to continue to suspend
liquidation of all entries of SSB from Japan, as defined in the ``Scope
of Investigation'' section of this notice, that are entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. The Customs Service
shall require a cash deposit or posting of a bond equal to the
estimated margin amount by which the foreign market value of the
subject merchandise exceeds the United States price as shown below. The
suspension of liquidation will remain in effect until further notice.
------------------------------------------------------------------------
Weighted
average
Manufacturer/producer/exporter margin
percent
------------------------------------------------------------------------
Aichi Steel Works, Ltd....................................... 61.47
Daido Steel Co., Ltd......................................... 61.47
Sanyo Special Steel Co., Ltd................................. 61.47
All Others................................................... 61.47
------------------------------------------------------------------------
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we have notified the
ITC of our determination. As our final determination is affirmative,
the ITC will determine whether imports of the subject merchandise are
materially injuring, or threaten material injury to, the U.S. industry
within 45 days.
If the ITC determines that material injury or threat of material
injury does not exist, the proceedings will be terminated and all
securities posted as a result of the suspension of liquidation will be
refunded or cancelled. However, if the ITC determines that such injury
does exist, we will issue an antidumping duty order directing Customs
officers to assess an antidumping duty on SSB from Japan entered or
withdrawn from warehouse, for consumption on or after the date of
suspension of liquidation.
Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) in this investigation of their
responsibility covering the return or destruction of proprietary
information disclosed under APO in accordance with 19 CFR 353.34(d).
Failure to comply is a violation of the APO.
This determination is published pursuant to section 735(d) of the
Act (19 U.S.C. 1673d(d)) and 19 CFR 353.20(a)(4).
Dated: December 19, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-31801 Filed 12-27-94; 8:45 am]
BILLING CODE 3510-DS-P
