[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19067]
[[Page Unknown]]
[Federal Register: August 4, 1994]
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DEPARTMENT OF COMMERCE
[A-351-825]
Preliminary Determination of Sales at Less Than Fair Value:
Stainless Steel Bar From Brazil
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 4, 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.
Preliminary Determination
The Department of Commerce (the Department) preliminarily
determines that stainless steel bar (SSB) from Brazil 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 the scope of 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 notice of initiation on January 19, 1994 (59 FR 3844,
January 27, 1994), the following events have occurred.
On February 11, 1994, the U.S. Embassy in Brazil provided the
Department with volume and value statistics for Brazilian SSB producing
firms. On February 14, 1994, Instituto Brasileiro de Siderugica, the
association for the iron and steel industry in Brazil, submitted volume
and value data on behalf of its members.
Also on February 14, 1994, the International Trade Commission (ITC)
issued an affirmative preliminary injury determination (USITC
Publication 2734, February 1994).
On February 28, 1994, the Department sent its antidumping
questionnaire to Acos Villares, S.A. (Villares). This company accounted
for at least 60 percent of the exports of the subject merchandise to
the United States during the POI, in accordance with 19 CFR 353.42(b).
On March 1, 1994, the Department received a letter from Villares
stating that it would not participate in this investigation. No
questionnaire responses were submitted.
On March 25, 1994, we received comments on the issue of class or
kind of merchandise from interested parties, per the Department's
invitation for such comments in its notice of initiation. On April 13,
1994, we determined that SSB constitutes one class or kind of
merchandise. (See May 11, 1994, Decision Memorandum to Barbara Stafford
from The Team Re: Class or Kind of Merchandise.)
On April 26, 1994, the Department received a request from
petitioners to postpone the preliminary determination until July 28,
1994. On May 16, 1994, we published in the Federal Register (59 FR
25447), a notice announcing the postponement of the preliminary
determination until not later than July 28, 1994, pursuant to
petitioners' request, in accordance with 19 CFR 353.15(c) and (d).
Best Information Available
Because Villares failed to respond to the Department's
questionnaire, we based our determination on BIA pursuant to section
776(c) of the Act.
As BIA, we are assigning 19.43 percent, the highest margin among
the margins alleged in the petition, in accordance with the two-tiered
BIA methodology under which the Department imposes the most adverse
rate upon a respondent who refuses to cooperate or otherwise
significantly impedes the proceeding, and as outlined in the
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, Slip Op. 94-1112 (June 30, 1994); and
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)).
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 suspend liquidation
of all entries of SSB from Brazil, 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
------------------------------------------------------------------------
Acos Villares, S.A........................................... 19.43
All Others................................................... 19.43
------------------------------------------------------------------------
ITC Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our determination. If 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,
before the later of 120 days after the date of the preliminary
determination or 45 days after our final determination.
Public Comment
In accordance with 19 CFR 353.38, case briefs or other written
comments must be submitted, in at least ten copies, to the Assistant
Secretary for Import Administration no later than November 8, 1994, and
rebuttal briefs no later than November 15, 1994. In addition, a public
version and five copies should be submitted by the appropriate date if
the submission contains business proprietary information. In accordance
with 19 CFR 353.38(b), we will hold a public hearing, if requested, to
afford interested parties an opportunity to comment on arguments raised
in case or rebuttal briefs. Tentatively, the hearing will be held, if
requested, at 3:00 p.m. on November 17, 1994, at the U.S. Department of
Commerce, Room 1414, 14th Street and Constitution Avenue, NW.,
Washington DC, 20230. Parties should confirm by telephone the time,
date, and place of the hearing 48 hours before the scheduled time.
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Import Administration,
U.S. Department of Commerce, Room B-099 within ten days of the date of
publication of this notice. Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues to be discussed. In accordance with 19 CFR
353.38(b), oral presentation will be limited to arguments raised in the
briefs.
This determination is published pursuant to section 733(f) of the
Act (19 U.S.C. 1673b(f)) and 19 CFR 353.15(a)(4).
Dated: July 28, 1994.
Barbara R. Stafford,
Acting Assistant Secretary for Import Administration.
[FR Doc. 94-19067 Filed 8-3-94; 8:45 am]
BILLING CODE 3510-DS-P
