[Federal Register Volume 64, Number 61 (Wednesday, March 31, 1999)]
[Notices]
[Pages 15457-15458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7534]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-830]
Notice of Final Determination of Sales at Less Than Fair Value:
Stainless Steel Plate in Coils from Canada
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 31, 1999.
FOR FURTHER INFORMATION CONTACT: Helen Kramer or Linda Ludwig, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-0405 or (202) 482-3833, respectively.
Applicable Statute and Regulations
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 of Commerce
(``Department'') regulations are to the regulations at 19 CFR part 351
(1998).
Final Determination
We determine that Stainless Steel Plate in Coils (``SSPC'') from
Canada is being sold in the United States at less than fair value
(``LTFV''), as provided in section 735 of the Act. The estimated
margins are shown in the Suspension of Liquidation section of this
notice.
Case History
The preliminary determination in this investigation was published
on November 4, 1998. See Notice of Preliminary Determination of Sales
at Less Than Fair Value: Stainless Steel Plate in Coils from Canada, 63
FR 59527 (November 4, 1998) (``Preliminary Determination''). On
November 5, 1998, Atlas Stainless Steels (``Atlas'') requested a
postponement of the final determination to 135 days after publication
of the preliminary determination and an extension of the provisional
measures to no more than six months, pursuant to 19 CFR
351.210(b)(2)(ii) and 351.210(e)(2). Because our preliminary
determination was affirmative, and Atlas is a producer/exporter that
accounts for a significant proportion of exports from Canada of the
subject merchandise, the Department postponed the final determination
until March 19, 1999. Notice of postponement was published in the
Federal Register on December 18, 1998. See Postponement of Final
Antidumping Determinations: Stainless Steel Plate in Coils from Canada,
Italy, Republic of Korea, South Africa and Taiwan, 63 FR 70101.
Scope of Investigation
For purposes of this investigation, the product covered 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 this investigation 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 investigation 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, 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 under investigation is
dispositive.
Period of Investigation
The period of investigation (``POI'') is January 1 through December
31, 1997.
Facts Available
In the Preliminary Determination, the Department based the margin
on facts otherwise available under section 776(a)(2) of the Act because
Atlas refused to respond to the Department's cost questionnaire. The
Department also used an adverse inference under section 776(b) of the
Act and used the highest rate alleged in the petition because Atlas did
not cooperate to the best of its ability. Since then, no interested
parties have provided comments on the Preliminary Determination and no
request for a hearing has been received by the Department. Therefore,
we are continuing to use as adverse facts available the highest rate
alleged by petitioners.
The All Others Rate
The foreign manufacturer/exporter in this investigation is being
assigned a dumping margin on the basis of adverse facts available.
Section 735(c)(5) of the Act provides that, where the dumping margins
established for all exporters and producers individually investigated
are determined entirely under section 776 of the Act, the Department
may use any reasonable method to establish the estimated All Others
rate for exporters and producers not individually investigated.
Therefore, consistent with the Statement of Administrative Action
(``SAA'') at 873, we are using an alternative method to establish the
estimated All Others rate. In the Preliminary Determination, as an
alternative, we based the All Others rate on a simple average of the
margins in the petition. We received no comments on this issue, and
therefore continue to use this basis for the final determination. As a
result, the All Others rate is 11.10 percent.
Continuation of Suspension of Liquidation
In accordance with section 733(d)(1) and 735(c)(4)(B) of the Act,
we are directing the Customs Service to continue to suspend liquidation
of all entries of SSPC from Canada, that are entered, or withdrawn from
warehouse, for consumption on or after November 4, 1998 (the date of
publication of the preliminary determination in the Federal Register).
We will instruct the Customs Service to require a cash deposit equal to
the percentage margins, as indicated below. These suspension-of-
liquidation instructions will remain in effect until further notice.
The dumping margins are as follows:
[[Page 15458]]
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Margin
Exporter/manufacturer percentage
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Atlas Stainless Steel (Sammi Atlas)........................ 15.35
All Others................................................. 11.10
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The All Others rate, which we derived from the average of the
margins calculated in the petition, applies to all entries of subject
merchandise other than those exported by the named respondent.
ITC Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our determination. As our final
determination is affirmative, the ITC will, within 45 days, determine
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry. If the ITC determines that material
injury, or threat of material injury does not exist, the proceeding
will be terminated and all securities posted will be refunded or
canceled. If the ITC determines that such injury does exist, the
Department will issue an antidumping duty order directing Customs
officials to assess antidumping duties on all imports of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the effective date of the suspension of liquidation.
This determination is issued and published in accordance with
sections 733(d) and 777(i)(1) of the Act.
Dated: March 19, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-7534 Filed 3-30-99; 8:45 am]
BILLING CODE 3510-DS-P
