Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Notices 35845 

751(a)(3)(A) of the Act allows the 

Department to extend the time limit for 

the preliminary results to a maximum of 

365 days after the last day of the 

anniversary month of an order for which 

a review is requested. 

The Department finds it is not 

practicable to complete the preliminary 

results of this review within the original 

time frame because we require 

additional time to analyze Tuberia 

Nacional, S.A. de C.V.’s (TUNA’s) claim 

that it did not have exports, sales or 

entries of subject merchandise to the 

United States during the period of 

review. See TUNA’s ‘‘no shipment’’ 

letter to the Department, dated January 

23, 2009. In light of our ongoing 

changed circumstances review, more 

time is also necessary to consider the 

relationship between Ternium Mexico, 

S.A. de C.V. and Hylsa, S.A. de C.V, a 

mandatory respondent in the instant 

review. See Preliminary Results of 

Antidumping Duty Changed 

Circumstances Review: Certain Circular 

Welded Non–Alloy Steel Pipe and Tube 

from Mexico, 74 FR 28883 (June 18, 

2009). Accordingly, the Department is 

extending the time limit for completion 

of the preliminary results of this 

administrative review until no later than 

November 30, 2009, which is 365 days 

from the last day of the anniversary 

month. We intend to issue the final 

results no later than 120 days after 

publication of the preliminary results 

notice. 

This extension is issued and 

published in accordance with sections 

751(a)(3)(A) and 777(i) of the Act. 

Dated: July 15, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–17278 Filed 7–20–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–580–835] 

Stainless Steel Sheet and Strip in Coils 

from the Republic of Korea: 

Rescission of Countervailing Duty 

Changed Circumstances Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: July 21, 2009. 

SUMMARY: The Department of Commerce 

(the ‘‘Department’’) is rescinding the 

countervailing duty (‘‘CVD’’) changed 

circumstances review of stainless steel 

sheet and strip in coils (‘‘S4’’) from the 

Republic of Korea (‘‘Korea’’), as INI 

Steel Company (‘‘INI’’) was found to be 

the successor–in-interest to Inchon Iron 

and Steel Co., Ltd. (‘‘Inchon’’) in other 

segments of this proceeding. 

FOR FURTHER INFORMATION CONTACT: 

Magd Zalok or Howard Smith, AD/CVD 

Enforcement Office IV, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone (202) 482–4162 and (202) 

482–5193. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 21, 2001, the 

Department initiated the instant 

changed circumstances review to 

examine whether INI was the successor– 

in-interest to Inchon. See Stainless Steel 

Sheet and Strip in Coils from the 

Republic of Korea: Notice of Initiation of 

Changed Circumstances Countervailing 

Duty Administrative Review, 66 FR 

49639 (September 28, 2001). The 

Department published its preliminary 

results in this changed circumstances 

review on June 3, 2002, and 

preliminarily determined that Inchon 

was the successor–in-interest to INI. See 

Stainless Steel Sheet and Strip in Coils 

from the Republic of Korea: Notice of 

Preliminary Results of Changed 

Circumstances Countervailing Duty 

Administrative Review, 67 FR 38257 

(June 3, 2002) (‘‘Preliminary Results’’). 

We gave interested parties 10 days to 

comment on the Preliminary Results. 

The Department received no comments. 

Scope of the Order 

The products subject to the order 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), provided 

that it maintains the specific 

dimensions of sheet and strip following 

such processing. 

The merchandise subject to the order 

is currently classifiable in the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’) at 

subheadings: 7219.13.00.30, 

7219.13.00.50, 7219.13.00.70, 

7219.13.00.80, 7219.14.00.30, 

7219.14.00.65, 7219.14.00.90, 

7219.32.00.05, 7219.32.00.20, 

7219.32.00.25, 7219.32.00.35, 

7219.32.00.36, 7219.32.00.38, 

7219.32.00.42, 7219.32.00.44, 

7219.33.00.05, 7219.33.00.20, 

7219.33.00.25, 7219.33.00.35, 

7219.33.00.36, 7219.33.00.38, 

7219.33.00.42, 7219.33.00.44, 

7219.34.00.05, 7219.34.00.20, 

7219.34.00.25, 7219.34.00.30, 

7219.34.00.35, 7219.35.00.05, 

7219.35.00.15, 7219.35.00.30, 

7219.35.00.35, 7219.90.00.10, 

7219.90.00.20, 7219.90.00.25, 

7219.90.00.60, 7219.90.00.80, 

7220.12.10.00, 

7220.12.50.00,7220.20.10.10, 

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, 

7220.20.70.05, 7220.20.70.10, 

7220.20.70.15, 7220.20.70.60, 

7220.20.70.80, 7220.20.80.00, 

7220.20.90.30, 7220.20.90.60, 

7220.90.00.10, 7220.90.00.15, 

7220.90.00.60, and 7220.90.00.80. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the Department’s written 

description of the merchandise is 

dispositive. 

Excluded from the scope of the order 

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 

Chapter 72 of the HTSUS, ‘‘Additional 

U.S. Note’’1(d). 

The Department has determined that 

certain specialty stainless steel products 

are also excluded from the scope of the 

order. 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
35846 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Notices 

1 ‘‘Arnokrome III’’ is a trademark of the Arnold 

Engineering Company. 

2 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A. 

3 ‘‘Durphynox 17’’ is a trademark of Imphy, S.A. 

4This list of uses is illustrative and provided for 

descriptive purposes only. 

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 the order. 

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 between 0.002 and 0.05 percent, and 

total rare earth elements of more than 

0.06 percent, with the balance iron. 

Permanent magnet iron–chromiumcobalt alloy stainless strip is also 

excluded from the scope of the order. 

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.’’ 1

Certain electrical resistance alloy steel 

is also excluded from the scope of the 

order. 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.’’ 2

Certain martensitic precipitation– 

hardenable stainless steel is also 

excluded from the scope of the order. 

This high–strength, ductile stainless 

steel product is designated under the 

Unified Numbering System 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.’’ 3

Finally, three specialty stainless steels 

typically used in certain industrial 

blades and surgical and medical 

instruments are also excluded from the 

scope of the order. These include 

stainless steel strip in coils used in the 

production of textile cutting tools (e.g., 

carpet knives).4 This steel is similar to 

AISI grade 420 but containing, by 

weight, 0.5 to 0.7 percent of 

molybdenum. This steel is similar to 

ASTM grade 440F, 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 

HI–C.’’ 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 square micron. 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.’’ 

Rescission of Changed Circumstances 

Review 

Since the publication of the 

Preliminary Results, the Department has 

completed a number of administrative 

reviews of the order. See, e.g., Final 

Results and Partial Rescission of 

Countervailing Duty Administrative 

Review: Stainless Steel Sheet and Strip 

From the Republic of Korea, 68 FR 

13267 (March 19, 2003) (‘‘Second 

Review’’); Final Results of 

Countervailing Duty Administrative 

Review: Stainless Steel Sheet and Strip 

in Coils from the Republic of Korea, 69 

FR 2113 (January 14, 2004) (‘‘Third 

Review’’), covering calendar years 2000 

and 2001, respectively. 

In both of these segments of the 

proceeding, the Department’s 

determination reflected INI’s status as 

the successor–in-interest to Inchon. 

Specifically, in the Second Review, 68 

FR at 13269, which examined Inchon, 

the Department stated in the ‘‘Final 

Results of Review’’ section of the notice: 

‘‘As of April 1, 2001, Inchon, changed 

its name to INI. Thus, for all of Inchon’s 

shipments of the subject merchandise 

from the producers/exporters under 

review, entered, or withdrawn from 

warehouse, for consumption on or after 

April 1, 2001, we will instruct customs 

to assign Inchon’s cash deposit to INI.’’ 

In the Third Review, the Department 

stated ‘‘{f}or the period January 1, 2001 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Notices 35847 

5See Stainless Steel Sheet and Strip in Coils from 

the Republic of Korea; Notice of Initiation of 

Changed Circumstances Countervailing Duty 

Administrative Review, 66 FR 49639 (September 28, 

2001), and Stainless Steel Sheet and Strip in Coils 

from the Republic of Korea; Notice of Preliminary 

Results of Changed Circumstances Countervailing 

Duty Administrative Review, 67 FR 38257 (June 3, 

2002). 

6See Second Review Decision Memorandum at 

section ‘‘C: Name Changes.’’ 

through December 31, 2001, {which 

covers the time period when the name 

change took place} we determine the net 

subsidy for INI/Sammi to be 0.55 

percent ad valorem. This rate will also 

apply to shipments by Inchon entered or 

withdrawn from warehouse for the 

period January 1, 2001 through 

December 31, 2001.’’ See Third Review, 

69 FR at 2115 (unchanged in Amended 

Final Results of Countervailing Duty 

Administrative Review: Stainless Steel 

Sheet and Strip in Coils from the 

Republic of Korea, 69 FR 7419 (February 

17, 2004)). Since the Department’s 

decisions in these administrative 

reviews reflect INI’s status as the 

successor–in-interest to Inchon, there is 

no need for the Department to make a 

determination on this issue in the 

context of a CVD changed circumstances 

review. The Department noted this fact 

in the changed circumstances review of 

the CVD order on S4 from Korea that 

was initiated on June 30, 2006, to 

examine whether Hyundai Steel 

Company was the successor–in-interest 

to INI. See Stainless Steel Sheet and 

Strip in Coils From the Republic of 

Korea: Initiation of Countervailing Duty 

Changed Circumstances Review, 71 FR 

37541 (June 30, 2006) (‘‘In September 

2001 and June 2002, respectively, the 

Department initiated and issued the 

preliminary results of a changed 

circumstances review to determine 

whether INI was entitled to Inchon’s 

cash deposit rate.5 In the Second Review 

the Department determined to assign 

Inchon’s cash deposit rate to INI, 

thereby eliminating the need to 

complete the changed circumstances 

review.6 ’’). Therefore, we are rescinding 

the instant CVD changed circumstances 

review. 

Administrative Protective Orders 

This notice also serves as a final 

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 C.F.R. § 351.305(a)(3). Failure to 

timely notify the Department in writing 

of the return/destruction of APO 

material is a sanctionable violation. 

This notice is in accordance with 

sections 751(b)(1) and 777(i)(1) of the 

Tariff Act of 1930, as amended, and 19 

C.F.R. § 351.221(c)(3) and 19 CFR 

§ 351.216. 

Dated: July 13, 2009. 

Ronald K. Lorentzen , 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–17280 Filed 7–20–09; 8:45 am] 

BILLING CODE 3510–DS–S 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Request for Public Comment on a 

Commercial Availability Request under 

the U.S.-Bahrain Free Trade Agreement 

July 15, 2009. 

AGENCY: Committee for the 

Implementation of Textile Agreements 

(CITA). 

ACTION: Request for public comments 

concerning a request for modification of 

the U.S.-Bahrain Free Trade Agreement 

(USBFTA) rules of origin for certain 

compacted, single, ring spun cotton 

yarns. 

SUMMARY: On April 1, 2009, the 

Government of the United States 

received a request from the Government 

of Bahrain for consultations under 

Article 3.2.3 of the USBFTA. Bahrain is 

seeking agreement to revise the rules of 

origin for certain bedding, curtains, bed 

covers, and pillow covers to address 

availability of supply of certain 

compacted ring spun cotton yarns in the 

territories of the Parties. On July 7, 

2009, the United States received 

additional information from Bahrain to 

address certain issues with respect to 

the April 1 request, including 

identification that the subject request is 

for certain compacted, single, ring spun 

cotton yarns classified in subheadings 

5205.27.0020 and 5205.28.0020 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). The President 

may proclaim a modification to the 

USBFTA rules of origin for textile and 

apparel products after reaching an 

agreement with the Government of 

Bahrain on the modification. CITA 

hereby solicits public comments on this 

request, in particular with regard to 

whether certain compacted, single, ring 

spun cotton yarns of HTSUS 

5205.27.0020 and 5205.28.0020 can be 

supplied by the domestic industry in 

commercial quantities in a timely 

manner. Comments must be submitted 

by August 20, 2009 to the Chairman, 

Committee for the Implementation of 

Textile Agreements, Room 3001, United 

States Department of Commerce, 

Washington, DC 20230. 

FOR FURTHER INFORMATION CONTACT: Jim 

Bennett, Office of Textiles and Apparel, 

U.S. Department of Commerce, (202) 

482-4058. 

SUPPLEMENTARY INFORMATION: 

Authority: Section 202 (j)(2)(B)(i) of the 

United States - Bahrain Free Trade 

Agreement Implementation Act (19 U.S.C. 

3805 note) (USBFTA Implementation Act); 

Executive Order 11651 of March 3, 1972, as 

amended. 

Background 

Under the USBFTA, the parties are 

required to progressively eliminate 

customs duties on originating goods. 

See Article 2.3.2. The USBFTA provides 

that, after consultations, the parties may 

agree to revise the rules of origin for 

textile and apparel products to address 

issues of availability of supply of fibers, 

yarns, or fabrics in the free trade area. 

See Article 3.2.3 of the USBFTA. In the 

consultations, each party must consider 

data presented by the other party 

showing substantial production of the 

good. Substantial production has been 

shown if domestic producers are 

capable of supplying commercial 

quantities of the good in a timely 

manner. See Article 3.2.4 of the 

USBFTA. 

The USBFTA Implementation Act 

provides the President with the 

authority to proclaim modifications to 

the USBFTA rules of origin as are 

necessary to implement the agreement 

after complying with the consultation 

and layover requirements of Section 104 

of the USBFTA Implementation Act. See 

Section 202(j)(2)(B)(i) of the USBFTA 

Implementation Act. Executive Order 

11651 established CITA to supervise the 

implementation of textile trade 

agreements and authorizes the 

Chairman of CITA to take actions or 

recommend that the United States take 

actions necessary to implement textile 

trade agreements. 37 FR 4699 (March 4, 

1972). 

On April 1, 2009, the Government of 

the United States received a request 

from the Government of Bahrain, 

alleging that certain compacted ring 

spun cotton yarns cannot be supplied by 

the domestic or Bahraini industry in 

commercial quantities in a timely 

manner and requesting that the United 

States consider whether the USBFTA 

rule of origin for certain bedding, 

curtains, bed covers, and pillow covers, 

classified under HTSUS subheadings 

6302.21.9010, 6302.21.9020, 

6302.31.5010, 6302.31.5020, 

6302.31.9010, 6302.31.9020, 

6303.91.0020, 6304.92.0000, 

6307.90.8945, 6307.90.8985, and 

6307.90.8995, should be modified to 

allow the use of non-U.S. and nonVerDate Nov<24>2008 16:50 Jul 20, 2009 Jkt 217001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\21JYN1.SGM 21JYN1

jlentini on DSKJ8SOYB1PROD with NOTICES