[Federal Register Volume 69, Number 26 (Monday, February 9, 2004)]
[Notices]
[Pages 5960-5964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2720]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-831]


Stainless Steel Sheet and Strip in Coils From Taiwan; Final 
Results and Partial Rescission of Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results and partial rescission of antidumping 
duty

[[Page 5961]]

administrative review of stainless steel sheet and strip in coils from 
Taiwan.

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SUMMARY: On August 6, 2003, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
and partial rescission of its administrative review of the antidumping 
duty order on stainless steel sheet and strip in coils from Taiwan. See 
Stainless Steel Sheet and Strip in Coils From Taiwan: Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review, 68 FR 46582 (August 6, 2003)(``Preliminary Results''). This 
review covers imports of subject merchandise from Tung Mung Development 
Co. Ltd. (``Tung Mung''), Ta Chen Stainless Pipe Co. Ltd. (``Ta 
Chen''), Chia Far Industrial Factory Co. Ltd. (``Chia Far''), and Yieh 
United Steel Company (``YUSCO''). The period of review (``POR'') is 
July 1, 2001 through June 30, 2002.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations for YUSCO and Chia Far. Therefore, 
the final results differ from the Preliminary Results. The final 
weighted-average dumping margins for the reviewed firms are listed 
below in the section entitled ``Final Results of the Review.'' In 
addition, we are rescinding the review with respect to Ta Chen.

EFFECTIVE DATE: February 9, 2004.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita (Ta Chen, Tung Mung); 
Peter Mueller (YUSCO); Lilit Astvatsatrian (Chia Far); or Bob Bolling, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th and Constitution Avenue, NW., Washington, 
DC 20230; telephone: (202) 482-4243, (202) 482-5811, (202) 482-6412 or 
(202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Commerce (``the Department'') published its 
notice of preliminary results of antidumping administrative review of 
stainless steel sheet and strip in coils (``SSSS'') from Taiwan on 
August 6, 2003. See Preliminary Results.
    The merchandise covered by this order is SSSS as described in the 
``Scope of the Review'' section of the Federal Register notice. The 
period of review (``POR'') is July 1, 2001 through June 30, 2002.
    We received written comments from petitioners on August 8, August 
13, August 29, September 24, October 2, October 17, 2003 concerning 
YUSCO's supplemental questionnaire responses on YUSCO's affiliation. 
YUSCO submitted supplemental questionnaire responses on August 29, 2003 
and September 22, 2003 at the Department's request. We did not receive 
comments from petitioners or Chia Far concerning Chia Far's responses 
after the preliminary results of review.
    We conducted a verification of the sales information provided by 
YUSCO from September 22, 2003 through September 30, 2003.
    We invited interested parties to comment on our Preliminary 
Results. We received written comments on November 18, 2003, from 
petitioners \1\ addressing our analysis of YUSCO, Tung Mung, Ta Chen, 
and Chia Far. We received rebuttal briefs from Chia Far on November 2, 
2003 and from YUSCO on November 3, 2003 concerning petitioners' 
comments. On December 9, 2003, the Department determined that YUSCO's 
September 22, 2003 response was improperly bracketed, and requested 
YUSCO to resubmit its response. On December 16, 2003, YUSCO re-
submitted its September 22, 2003 response with revised bracketing.
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    \1\ Allegheny Ludlum, AK Steel Corporation (formerly Armco, 
Inc.), J&L Speciality Steel, Inc., North American Stainless, Butler-
Armco Independent Union, Zanesville Armco Independent Union, and the 
United Steelworkers of America, AFL-CIO/CLC.
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Verification

    As provided in section 782(i) of the Act, we verified the sales 
information provided by YUSCO from September 22, 2003 through September 
30, 2003, including an examination of relevant sales, cost, and 
financial records, and selection of original documentation containing 
relevant information. Our verification results are outlined in the 
public version of the verification reports and are on file in the 
Central Records Unit (``CRU'') located in room B-099 of the main 
Department of Commerce Building, 14th Street and Constitution Avenue, 
NW., Washington, DC.

Scope of the Review

    For purposes of this administrative review, the products covered 
are certain stainless steel sheet and strip 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 sheet and strip is a flat-rolled product in coils that is 
greater than 9.5 mm in width and less than 4.75 mm in thickness, and 
that is annealed or otherwise heat treated and pickled or otherwise 
descaled. The subject sheet and strip may also be further processed 
(e.g., cold-rolled, polished, aluminized, coated, etc.) provided that 
it maintains the specific dimensions of sheet and strip following such 
processing.
    The merchandise subject to this review is classified in the 
Harmonized Tariff Schedule of the United States (HTS) at subheadings: 
7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81,\2\ 
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020, 
7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 
7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 
7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.34.0005, 
7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.35.0005, 
7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020, 
7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 
7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 
7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000, 
7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060, 
and 7220.90.0080. Although the HTS subheadings are provided for 
convenience and Customs purposes, the Department's written description 
of the merchandise under review is dispositive.
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    \2\ Due to changes to the HTS numbers in 2001, 7219.13.0030, 
7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031, 
7219.13.0051, 7219.13.0071, and 7219.13.0018, respectively.
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    Excluded from the scope of this review are the following: (1) Sheet 
and strip that is not annealed or otherwise heat treated and pickled or 
otherwise descaled, (2) sheet and strip that is cut to length, (3) 
plate (i.e., flat-rolled stainless steel products of a thickness of 
4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a 
prepared edge, rectangular in shape, of a width of not more than 9.5 
mm), and (5) razor blade steel. Razor blade steel is a flat-rolled 
product of stainless steel, not further worked than cold-rolled (cold-
reduced), in coils, of a width of not more than 23 mm and a thickness 
of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent 
chromium, and certified at the time of entry to be used in the 
manufacture of razor blades. See

[[Page 5962]]

Chapter 72 of the HTS, ``Additional U.S. Note'' 1(d).
    In response to comments by interested parties, the Department has 
determined that certain specialty stainless steel products are also 
excluded from the scope of this review. These excluded products are 
described below.
    Flapper valve steel is defined as stainless steel strip in coils 
containing, by weight, between 0.37 and 0.43 percent carbon, between 
1.15 and 1.35 percent molybdenum, and between 0.20 and 0.80 percent 
manganese. This steel also contains, by weight, phosphorus of 0.025 
percent or less, silicon of between 0.20 and 0.50 percent, and sulfur 
of 0.020 percent or less. The product is manufactured by means of 
vacuum arc remelting, with inclusion controls for sulphide of no more 
than 0.04 percent and for oxide of no more than 0.05 percent. Flapper 
valve steel has a tensile strength of between 210 and 300 ksi, yield 
strength of between 170 and 270 ksi, plus or minus 8 ksi, and a 
hardness (Hv) of between 460 and 590. Flapper valve steel is most 
commonly used to produce specialty flapper valves in compressors.
    Also excluded is a product referred to as suspension foil, a 
specialty steel product used in the manufacture of suspension 
assemblies for computer disk drives. Suspension foil is described as 
302/304 grade or 202 grade stainless steel of a thickness between 14 
and 127 microns, with a thickness tolerance of plus-or-minus 2.01 
microns, and surface glossiness of 200 to 700 percent Gs. Suspension 
foil must be supplied in coil widths of not more than 407 mm, and with 
a mass of 225 kg or less. Roll marks may only be visible on one side, 
with no scratches of measurable depth. The material must exhibit 
residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm 
over 685 mm length.
    Certain stainless steel foil for automotive catalytic converters is 
also excluded from the scope of this review. This stainless steel strip 
in coils is a specialty foil with a thickness of between 20 and 110 
microns used to produce a metallic substrate with a honeycomb structure 
for use in automotive catalytic converters. The steel contains, by 
weight, carbon of no more than 0.030 percent, silicon of no more than 
1.0 percent, manganese of no more than 1.0 percent, chromium of between 
19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of 
no more than 0.045 percent, sulfur of no more than 0.03 percent, 
lanthanum of less than 0.002 or greater than 0.05 percent, and total 
rare earth elements of more than 0.06 percent, with the balance iron.
    Permanent magnet iron-chromium-cobalt alloy stainless strip is also 
excluded from the scope of this review. This ductile stainless steel 
strip contains, by weight, 26 to 30 percent chromium, and 7 to 10 
percent cobalt, with the remainder of iron, in widths 228.6 mm or less, 
and a thickness between 0.127 and 1.270 mm. It exhibits magnetic 
remanence between 9,000 and 12,000 gauss, and a coercivity of between 
50 and 300 oersteds. This product is most commonly used in electronic 
sensors and is currently available under proprietary trade names such 
as ``Arnokrome III.'' \3\
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    \3\ ``Arnokrome III'' is a trademark of the Arnold Engineering 
Company.
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    Certain electrical resistance alloy steel is also excluded from the 
scope of this review. This product is defined as a non-magnetic 
stainless steel manufactured to American Society of Testing and 
Materials (``ASTM'') specification B344 and containing, by weight, 36 
percent nickel, 18 percent chromium, and 46 percent iron, and is most 
notable for its resistance to high temperature corrosion. It has a 
melting point of 1390 degrees Celsius and displays a creep rupture 
limit of 4 kilograms per square millimeter at 1000 degrees Celsius. 
This steel is most commonly used in the production of heating ribbons 
for circuit breakers and industrial furnaces, and in rheostats for 
railway locomotives. The product is currently available under 
proprietary trade names such as ``Gilphy 36.'' \4\
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    \4\ ``Gilphy 36'' is a trademark of Imphy, S.A.
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    Certain martensitic precipitation-hardenable stainless steel is 
also excluded from the scope of this review. This high-strength, 
ductile stainless steel product is designated under the Unified 
Numbering System (``UNS'') as S45500-grade steel, and contains, by 
weight, 11 to 13 percent chromium, and 7 to 10 percent nickel. Carbon, 
manganese, silicon and molybdenum each comprise, by weight, 0.05 
percent or less, with phosphorus and sulfur each comprising, by weight, 
0.03 percent or less. This steel has copper, niobium, and titanium 
added to achieve aging, and will exhibit yield strengths as high as 
1700 Mpa and ultimate tensile strengths as high as 1750 Mpa after 
aging, with elongation percentages of 3 percent or less in 50 mm. It is 
generally provided in thicknesses between 0.635 and 0.787 mm, and in 
widths of 25.4 mm. This product is most commonly used in the 
manufacture of television tubes and is currently available under 
proprietary trade names such as ``Durphynox 17.'' \5\
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    \5\ ``Durphynox 17'' is a trademark of Imphy, S.A.
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    Finally, three specialty stainless steels typically used in certain 
industrial blades and surgical and medical instruments are also 
excluded from the scope of this review. These include stainless steel 
strip in coils used in the production of textile cutting tools (e.g., 
carpet knives).\6\ This steel is similar to AISI grade 420 but 
containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also 
contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of 
0.020 percent or less, and includes between 0.20 and 0.30 percent 
copper and between 0.20 and 0.50 percent cobalt. This steel is sold 
under proprietary names such as ``GIN4 Mo.'' The second excluded 
stainless steel strip in coils is similar to AISI 420-J2 and contains, 
by weight, carbon of between 0.62 and 0.70 percent, silicon of between 
0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent, 
phosphorus of no more than 0.025 percent and sulfur of no more than 
0.020 percent. This steel has a carbide density on average of 100 
carbide particles per 100 square microns. An example of this product is 
``GIN5'' steel. The third specialty steel has a chemical composition 
similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent, 
molybdenum of between 1.15 and 1.35 percent, but lower manganese of 
between 0.20 and 0.80 percent, phosphorus of no more than 0.025 
percent, silicon of between 0.20 and 0.50 percent, and sulfur of no 
more than 0.020 percent. This product is supplied with a hardness of 
more than Hv 500 guaranteed after customer processing, and is supplied 
as, for example, ``GIN6''.\7\
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    \6\ This list of uses is illustrative and provided for 
descriptive purposes only.
    \7\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary 
grades of Hitachi Metals America, Ltd.
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Rescission of Review

    In the Preliminary Results, we stated that Ta Chen reported, and 
the Department confirmed through independent U.S. Customs and Border 
Protection (``Customs'') data, that it had no shipments of subject 
merchandise during the POR. See Memorandum from Laurel LaCivita to the 
File, No Shipment Inquiry for Ta Chen Stainless Steel Pipe Co., Ltd. 
(``Ta Chen''), dated July 16, 2003. Since Ta Chen did not report any 
shipments during the POR, we had no basis for determining a margin. 
Consequently, in accordance with 19 CFR 351.213(d)(3) and consistent 
with the Department's practice, we preliminarily rescinded our review 
with respect to Ta Chen. Petitioners commented on our preliminary

[[Page 5963]]

rescission, contesting our reliance on Ta Chen's certification and upon 
Custom's expertise in determining there were no shipments of subject 
merchandise during the POR by Ta Chen. The same arguments raised here 
by petitioners were expressly rejected by the Court of Appeals of the 
Federal Circuit (``CAFC'') in Allegheny Ludlum Corp. v. United States, 
346 F. 3d 1368 (Oct. 15, 2003) (``Allegheny II''), litigation covering 
the first administrative review of stainless steel plate in coils from 
Taiwan (``SSPC''), in which Ta Chen claimed and the Customs confirmed, 
that it had no exports of subject merchandise to the United States. 
during the POR. Furthermore, the CIT affirmed the Department's 
rescission in the second administrative review of SSPC from Taiwan as 
well, providing a detailed analysis as to the reasonableness of the 
Department's practice. See Allegheny Ludlum Corp. v. United States 240 
F. Supp. 2d. 1374 (CIT 2003), (``Allegheny III'').
    The Department has not received any additional information since 
the Preliminary Results that contradicts the decision made in the 
Preliminary Results. We are, therefore, rescinding the review with 
respect to Ta Chen. See ``Issues and Decision Memorandum'' (``Decision 
Memorandum'') from Joseph A. Spetrini, Deputy Assistant Secretary, 
Import Administration, Group III, to James J. Jochum, Assistant 
Secretary for Import Administration, dated February 2, 2004 (Comment 
1). Since Ta Chen did not participate in the original investigation, 
its cash deposit rate will remain at 12.12 percent, which is the all 
others rate established in the less than fair value (``LTFV'') 
investigation.

Total Adverse Facts Available

    In our Preliminary Results, we explained that Tung Mung did not 
participate in this review and therefore, we applied an adverse facts 
available (``AFA'') rate of 21.10 percent to all sales and entries of 
Tung Mung's subject merchandise during the POR. Petitioners commented 
on the Department's application of the AFA rate it applied to Tung 
Mung. Petitioners argued that the Department should apply the 34.95 
percent ad valorem antidumping rate from the final determination in the 
original investigation. However, as stated in the Preliminary Results, 
the 34.95 percent rate represents a combined rate applied to a channel-
specific transaction in the investigation of this proceeding based on 
middleman dumping by Ta Chen. We stated that we had no record evidence 
in this segment of the proceeding that Tung Mung's exports to the 
United States during the POR involved a middleman, and it would be 
inappropriate, therefore, to use this middleman-inclusive rate as AFA 
in this case. Furthermore, the CIT, in Allegheny III, rejected these 
same arguments made by petitioners in litigation covering the second 
administrative review of SSPC from Taiwan. Just as the Department 
determined, and the CIT agreed, that a non-middleman AFA rate was 
appropriate for a nonresponsive respondent in Allegheny III, we have 
determined that the same analysis is appropriate for Tung Mung in this 
case.
    Since the Preliminary Results, the Department has not received any 
additional information on the record that contradicts our finding in 
the Preliminary Results. See ``Issues and Decision Memorandum'' 
(``Decision Memorandum'') from Joseph A. Spetrini, Deputy Assistant 
Secretary, Import Administration, Group III, to James J. Jochum, 
Assistant Secretary for Import Administration, dated February 2, 2004 
(Comment 2). As a result, we made no changes to Tung Mung's margin of 
21.10 percent for the final results.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memorandum'') from Joseph A. Spetrini, Deputy 
Assistant Secretary, Import Administration, Group III, to James J. 
Jochum, Assistant Secretary for Import Administration, dated February 
2, 2004, which is hereby adopted by this notice. A list of the issues 
which parties have raised and to which we have responded, all of which 
are in the Decision Memorandum, is attached to this notice as an 
Appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file in the Central Records Unit, Room B-099 of 
the main Department building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Sales Below Cost

    We disregarded sales below cost for both YUSCO and Chia Far during 
the course of this administrative review.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes in 
the margin calculations for YUSCO and Chia Far. The changes to the 
margin calculations are listed below:

YUSCO

    <bullet<ls-thn-eq> We disregarded home market sales in the HM4 and 
HM5 databases, and only used sales included in the HM1, HM2 and HM3 
databases in our margin analysis. See Comment 4.
    <bullet<ls-thn-eq> We coded all of YUSCO's sales to a certain 
reseller in the home market as sales to affiliated parties for the 
purposes of conducting an arm's length test. See Comment 5.
    <bullet<ls-thn-eq> We deleted the returned sales from the computer 
sales listing in the home market. See Comment 6.
    <bullet<ls-thn-eq> We revised the financial expense ratio to 
account for the change in the Department's treatment of foreign 
exchange gains and losses, and to adjust for certain offsets to its 
foreign exchange gains and losses. See Comment 10.
    <bullet<ls-thn-eq> We adjusted YUSCO's G&A expense ratio to exclude 
foreign exchange gains and losses attributable to accounts payable. See 
Comment 10.
    <bullet<ls-thn-eq> We made changes to the computer program as a 
result of minor corrections at verification:
    <bullet<ls-thn-eq> We revised cost of manufacturing and variable 
cost of manufacturing in the COP, CV and U.S. sales databases to 
account for certain changes to direct labor made as a result of 
auditor's adjustments.
    <bullet<ls-thn-eq> We made changes to credit and ICC ratios in the 
U.S. and home markets to account for errors in the reported interest 
rate.
    <bullet<ls-thn-eq> We revised the commercial invoice date for U.S. 
sales that were reported in error.

Chia Far

    <bullet<ls-thn-eq> We recalculated U.S. warranty expense to include 
all of the appropriate warranty expense recorded as export losses. See 
Comment 19.
    <bullet<ls-thn-eq> We increased COP for certain expenses recorded 
in Chia Far's financial statements that are in accord with the GAAP in 
Taiwan but have been found to be distortive by the Department. See 
Comment 22.
    <bullet<ls-thn-eq> We decreased COGS by the total value of further 
processing and packing expenses reported during the POR in order to 
reflect all the appropriate costs that are included in the cost of 
manufacturing. See Comment 23.
    <bullet<ls-thn-eq> We revised the financial expense ratio to 
account for the change in the Department's treatment of foreign 
exchange gains and losses. See Comment 24.
    <bullet<ls-thn-eq> Additionally, as we explained in Comment 23, we 
revised the amount of

[[Page 5964]]

COGS used as the denominator in the financial expense ratio to exclude 
packing and further processing costs. See Comment 24.

Final Results of Review

    We determine that the following percentage margin exists for the 
period July 1, 2001 through June 30, 2002:

          Stainless Steel Sheet and Strip in Coils From Taiwan
------------------------------------------------------------------------
                                                                Margin
               Manufacturer/exporter/reseller                  (percent)
------------------------------------------------------------------------
YUSCO.......................................................        1.96
Chia Far....................................................        0.98
Tung Mung...................................................       21.10
------------------------------------------------------------------------

    The Department will determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 
section 351.212(b)(1) of the Department's regulations, we have 
calculated an exporter/importer (or customer)-specific assessment rate 
for merchandise subject to this review. The Department will issue 
appropriate assessment instructions directly to Customs within 15 days 
of publication of these final results of review. We will direct Customs 
to assess the resulting assessment rates against the entered customs' 
values for the subject merchandise on each of the importer's/customer's 
entries during the review period. For duty-assessment purposes, we have 
calculated importer-specific assessment rates by dividing the dumping 
margins calculated for each importer by the total entered value of 
sales for each importer during the period of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of stainless steel sheet and strip in coils from 
Taiwan entered, or withdrawn from warehouse, for consumption on or 
after the date of publication, as provided by section 751(a)(1) of the 
Act: (1) The cash deposit rates for YUSCO, Chia Far and Tung Mung will 
be the rates shown above; (2) for previously reviewed or 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, a prior review, or 
the original less-than-fair-value (LTFV) 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) 
if neither the exporter nor the manufacturer is a firm covered in these 
or any previous reviews conducted by the Department, the cash deposit 
rate will be the ``all others'' rate, which is 12.12 percent.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under section 351.402(f)(2) of the Department's 
regulations to file a certificate regarding the reimbursement of 
antidumping duties or countervailing 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 the antidumping duties or countervailing duties 
occurred and the subsequent assessment of double antidumping duties or 
countervailing duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with section 351.305 of the 
Department's regulations, which continues to govern business 
proprietary information in this segment of the proceeding. Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 771(i) of the Act.

    Dated: February 2, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix I--Issues In The Decision Memorandum

A. Issues With Respect to Tung Mung and Ta Chen

Comment 1: Rescission of Review for Ta Chen
Comment 2: Adverse Facts Available (``AFA'') for Tung Mung

B. Issues With Respect to YUSCO

Comment 3: Affiliation with Yieh Loong Enterprise Company Ltd. 
(``Yieh Loong'') and China Steel Corporation (``CSC'')
Comment 4: Classification of Home Market Sales
Comment 5: Affiliated Parties in the Home Market
Comment 6: Returned Sales
Comment 7: Affiliation and Collapsing with a Certain Downstream 
Further Manufacturer
Comment 8: Freight Expense Reported by Affiliated Parties in the 
Home Market
Comment 9: Cost Reconciliation
Comment 10: Exchange Rate Gains and Losses for Cost of Production 
(``COP'') and Constructed Value (``CV'')
Comment 11: Total AFA for YUSCO

C. Issues With Respect to Chia Far

Comment 12: Chia Far's Home Market Affiliated Parties
Comment 13: Home Market Date of Sale
Comment 14: Incompleteness of Home Market Database
Comment 15: Classification of Non-Prime Merchandise
Comment 16: Calculation of Early Payment Discounts for Home Market
Comment 17: Foreign Inland Freight in Taiwan for U.S. Sales
Comment 18: Inventory Carrying Costs (``ICC'') Incurred in Taiwan 
for U.S. Sales
Comment 19: Export Losses for U.S. Sales
Comment 20: Treatment of Shut-Down Costs
Comment 21: Calculation of Fully Yielded Cost
Comment 22: Treatment of Certain Expenses Under the Generally 
Accounting Principles (``GAAP'') in Taiwan
Comment 23: Calculation of Per-Unit General and Administrative 
(``G&A'') Expense Ratio
Comment 24: Understatement of Financial Expenses in the COP/CV 
Response
Comment 25: Total AFA for Chia Far

[FR Doc. 04-2720 Filed 2-6-04; 8:45 am]
BILLING CODE 3510-DS-P