[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Notices]
[Pages 65886-65887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21769]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-588-866)


Notice of Final Determination of Sales at Less Than Fair Value: 
Superalloy Degassed Chromium from Japan

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

EFFECTIVE DATE: November 1, 2005.
SUMMARY: The Department of Commerce determines that imports of 
superalloy degassed chromium from Japan are being, or are likely to be, 
sold in the United States at less than fair value, as provided in 
section 735 of the Tariff Act of 1930, as amended (the Act). The final 
weighted-average dumping margins are listed below in the section 
entitled ``Final Determination of Investigation.''

FOR FURTHER INFORMATION CONTACT: Janis Kalnins or Minoo Hatten, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-1392 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 18, 2005, the Department of Commerce (the Department) 
published the preliminary determination of sales at less than fair 
value (LTFV) in the antidumping investigation of superalloy degassed 
chromium from Japan. See Notice of Preliminary Determination of Sales 
at Less Than Fair Value: Superalloy Degassed Chromium from Japan, 70 FR 
48538 (August 18, 2005) (Preliminary Determination). We requested that 
parties comment on the Preliminary Determination. We did not make a 
decision on scope-clarification comments submitted by parties prior to 
the Preliminary Determination, as there was insufficient information on 
the record to draw a conclusion. Therefore, we invited parties to 
provide any new factual information on this issue and scope comments.
    We received new factual information and scope comments from Tosoh 
Corporation and Tosoh Specialty Materials Corporation (collectively, 
Tosoh) and from Eramet Marietta Inc. (Eramet) and the Paper Allied-
Industrial Chemical and Energy Workers International Union 
(collectively, the petitioners). We did not receive any comments, scope 
or otherwise, from JFE Material Co., Ltd. (JFE Material), during this 
investigation. While Mitsui & Co. (U.S.A.), Inc. (Mitsui), submitted 
scope comments prior to the Preliminary Determination, we have not 
received any comments from Mitsui since the Preliminary Determination. 
On September 21, 2005, the petitioners requested a hearing to discuss 
scope comments or rebuttal comments raised by interested parties in the 
investigation but then withdrew their request for a hearing on 
September 30, 2005. We did not receive any case or rebuttal briefs from 
any interested parties.

Scope Comments

    All comments raised by parties to this investigation on superalloy 
degassed chromium from Japan are addressed in the Scope Comments 
Memorandum from Laurie Parkhill, Office Director, to Stephen J. Claeys, 
Deputy Assistant Secretary, dated October 25, 2005. As discussed in the 
Scope Comments Memorandum, the scope of the investigation remains 
unchanged from our preliminary determination. This Scope Comments 
Memorandum, which is a public document, is on file in the Department's 
Central Records Unit, Herbert C. Hoover building, Room B-099.

Period of Investigation

    The period of investigation is January 1, 2004, through December 
31, 2004.

Scope of Investigation

    The product covered by this investigation is all forms, sizes, and 
grades of superalloy degassed chromium from Japan. Superalloy degassed 
chromium is a high-purity form of chrome metal that generally contains 
at least 99.5 percent, but less than 99.95 percent, chromium. 
Superalloy degassed chromium contains very low levels of certain 
gaseous elements and other impurities (typically no more than 0.005 
percent nitrogen, 0.005 percent sulphur, 0.05 percent oxygen, 0.01 
percent aluminum, 0.05 percent silicon, and 0.35 percent iron). 
Superalloy degassed chromium is generally sold in briquetted form, as 
``pellets'' or ``compacts,'' which typically are 1[bdfrac12] inches x 1 
inch x 1 inch or smaller in size and have a smooth surface. Superalloy 
degassed chromium is currently classifiable under subheading 8112.21.00 
of the Harmonized Tariff Schedule of the United States (HTSUS). This 
investigation covers all chromium meeting the above specifications for 
superalloy degassed chromium regardless of tariff classification.
    Certain higher-purity and lower-purity chromium products are 
excluded from the scope of this investigation. Specifically, the 
investigation does not cover electronics-grade chromium, which contains 
a higher percentage of chromium (typically not less than 99.95 
percent), a much lower level of iron (less than 0.05 percent), and 
lower levels of other impurities than superalloy degassed chromium. The 
investigation also does not cover ``vacuum melt grade'' (VMG) chromium, 
which normally contains at least 99.4 percent chromium and contains a 
higher level of one or more impurities (nitrogen, sulphur, oxygen, 
aluminum and/or silicon) than specified above for superalloy degassed 
chromium.
    Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the scope of this 
investigation is dispositive.

Adverse Facts Available

    For the final determination, we continue to find that, by failing 
to provide information we requested, JFE

[[Page 65887]]

Material, a producer and exporter of superalloy degassed chromium from 
Japan and mandatory respondent in this investigation, did not act to 
the best of its ability. Thus, the Department continues to find that 
the use of adverse facts available is warranted under section 776(a)(2) 
of the Act. See Preliminary Determination, 70 FR at 48539-48540.

Final Determination of Investigation

    We determine that the following weighted average dumping margins 
exist for the period January 1, 2004, through December 31, 2004:

------------------------------------------------------------------------
                                                       Weighted-Average
              Manufacturer or Exporter                 Margin (percent)
------------------------------------------------------------------------
JFE Material Co., Ltd...............................              129.32
All Others..........................................              129.32
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 
351.211(b)(1), we will instruct Customs and Border Protection (CBP) to 
continue to suspend liquidation of all imports of subject merchandise 
from Japan entered, or withdrawn from warehouse, for consumption on or 
after August 18, 2005, the date of the publication of our preliminary 
determination. CBP shall continue to require a cash deposit or the 
posting of a bond equal to the estimated amount by which the normal 
value exceeds the U.S. price as shown above. These instructions 
suspending liquidation will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation, of the subject merchandise. 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 CBP 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 (i.e., August 18, 2005).

Notification Regarding APO

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. 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 determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: October 25, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-21769 Filed 10-31-05; 8:45 am]
BILLING CODE 3510-DS-S