[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Pages 33995-33997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16655]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-825]


Stainless Steel Bar From Brazil: Final Results of Antidumping 
Duty Administrative Review

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

SUMMARY: On March 9, 2009, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain stainless steel bar from Brazil. The 
period of review (POR) is February 1, 2007, through January 31, 2008. 
We gave interested parties an opportunity to comment on the preliminary 
results. Based on our analysis of the comments received and an 
examination of our calculations, we have made changes for the final 
results. The final weighted-average dumping margin is listed below in 
the ``Final Results of the Review'' section of this notice.

EFFECTIVE DATE: July 14, 2009.

FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
5287 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 9, 2009, the Department published Stainless Steel Bar From 
Brazil: Preliminary Results of Antidumping Duty Administrative Review, 
74 FR 10022 (March 9, 2009), in the Federal Register (Preliminary 
Results). The administrative review covers one producer/exporter of the 
subject merchandise, Villares Metals S.A. (VMSA).
    We invited parties to comment on the Preliminary Results. On April 
20, 2009, we received a case brief from the petitioners (Carpenter 
Technology Corporation, Valbruna Slater Stainless, Inc., Electralloy 
Corporation, a Division of G.O. Carlson, Inc., and Universal 
Stainless). On April 27, 2009, we received a rebuttal brief from the 
respondent, VMSA. We did not receive a request for a hearing.
    The Department is conducting this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

Scope of the Order

    The scope of the order covers stainless steel bar (SSB). The term 
SSB with respect to the order 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 section along their whole length, which do not 
conform to the definition of flat-rolled products), and angles, shapes 
and sections. The SSB subject to the order is currently classifiable 
under subheadings 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 subheadings 
are provided for convenience and customs

[[Page 33996]]

purposes, the written description of the scope of the order is 
dispositive.

Verification

    As provided in section 782(i) of the Act, we verified sales 
information VMSA provided (see Preliminary Results). Since the 
publication of the Preliminary Results, we have verified cost 
information provided by VMSA using standard verification procedures, 
including on-site inspection of the manufacturer's facility, the 
examination of relevant cost and financial records, and the selection 
of original documentation containing relevant information. Our 
verification results are outlined in the public version of the 
verification report, dated April 7, 2009, which is on file in the 
Central Records Unit, room 1117 of the main Commerce building.

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs are addressed in 
the ``Issues and Decision Memorandum'' (Decision Memorandum) from John 
M. Andersen, Acting Deputy Assistant Secretary, to Ronald K. Lorentzen, 
Acting Assistant Secretary, dated July 7, 2009, which is hereby adopted 
by this notice. A list of the issues which parties have raised and to 
which we have responded is in the Decision Memorandum and attached to 
this notice as an Appendix. The Decision Memorandum, which is a public 
document, is on file in the Central Records Unit, main Department 
building, Room 1117, and accessible on the Web at http://ia.ita.doc.gov/frn/index. html. The paper copy and electronic version 
of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our findings at the cost verification and analysis of the 
comments received, we have recalculated VMSA's cost of manufacture of 
the rolled products to include the additional depreciation expense on 
the new rolling mill for May through October 2007. Consistent with the 
Preliminary Results, we have calculated VMSA's financial-expense ratio 
using the consolidated audited financial statements of the highest 
consolidated entity, Voelstalpine A.G., for fiscal year 2008. We have 
recalculated the cost-of-sales denominator used in the financial-
expense ratio to exclude the distribution-center operations costs and, 
thus, have revised the financial-expense ratio for the final results 
accordingly. We have also recalculated the ratio for VMSA's general and 
administrative (G&A) expenses to exclude the revenue recognized from 
the reversal of contingencies which VMSA had claimed as an offset to 
G&A expense. See Final Cost Calculation Memorandum from Laurens Van 
Hauten to Neal Halper, dated, July 7, 2009, and Final Analysis 
Memorandum, dated July 7, 2009, for detailed information on these 
changes.

Final Results of Review

    As a result of our review, we determine that the weighted-average 
dumping margin for VMSA is 4.96 percent for the period February 1, 
2007, through January 31, 2008.

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), we have calculated 
importer/customer-specific assessment rates for these final results of 
review. We divided the total dumping margins for the reviewed sales by 
the total entered value of those reviewed sales for each reported 
importer or customer. We will instruct CBP to assess the importer/
customer-specific rate uniformly, as appropriate, on all entries of 
subject merchandise made by the relevant importer or customer during 
the POR. See 19 CFR 351.212(b).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
of Antidumping Duties). This clarification will apply to entries of 
subject merchandise during the POR produced by VMSA for which VMSA did 
not know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries of 
VMSA-produced merchandise at the all-others rate if there is no rate 
for the intermediate company(ies) involved in the transaction. For a 
full discussion of this clarification, see Assessment of Antidumping 
Duties.
    The Department intends to issue liquidation instructions to CBP 15 
days after the publication of these final results 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 SSB from Brazil entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) the cash-deposit rate 
for VMSA will be 4.96 percent; (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 less-than-fair-value 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; (4) if 
neither the exporter nor the manufacturer has its own rate, the cash-
deposit rate will be the all-others rate for this proceeding, 19.43 
percent, as established in the investigation. See Notice of Final 
Determination of Sales at Less Than Fair Value: Stainless Steel Bar 
From Brazil, 59 FR 66914 (December 28, 1994). These deposit 
requirements shall remain in effect until further notice.

Notification to Parties

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    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(a)(3). Timely notification of the 
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.
    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: July 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

List of Issues Addressed in the Issues and Decision Memorandum

Comment 1 - Level of Trade
Comment 2 - Depreciation Expenses of Expenses on New Rolling Mill

[[Page 33997]]

Comment 3 - Income Offsets to General and Administrative Expenses
Comment 4 - Financial-Expense Ratio
[FR Doc. E9-16655 Filed 7-13-09; 8:45 am]
BILLING CODE 3510-DS-S