[Federal Register Volume 66, Number 35 (Wednesday, February 21, 2001)]
[Notices]
[Pages 10988-10990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4283]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-807]


Stainless Steel Wire Rod from Spain; Final Results of Antidumping 
Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On October 13, 2000, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on stainless steel wire rod (SSWR) 
from Spain (65 FR 60905). This review covers one manufacturer/exporter 
of the subject merchandise (Roldan S.A.). The period of review (POR) is 
March 5, 1998, through August 31, 1999.
    Based on our analysis of the comments received, we have made 
changes in the margin calculation. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping margin 
for the reviewed firm is listed below in the section entitled ``Final 
Results of Review.''

EFFECTIVE DATE: February 21, 2001.

FOR FURTHER INFORMATION CONTACT: Howard Smith or Lyman Armstrong, 
Office of AD/CVD Enforcement, Office 4, Group II, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW.,

[[Page 10989]]

Washington, DC 20230; telephone (202) 482-3965 or (202) 482-3601, 
respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act. In addition, unless otherwise 
indicated, all citations to the Department's regulations are to 19 CFR 
Part 351 (2000).

Background

    On October 13, 2000, the Department published in the Federal 
Register the preliminary results of the administrative review of the 
antidumping duty order on SSWR from Spain. See Notice of Preliminary 
Results of Antidumping Duty Administrative Review: Stainless Steel Wire 
Rod from Spain, 65 FR 60905 (October 13, 2000).
    In response to the Department's invitation to comment on the 
preliminary results of this review, ROLDAN, S.A. (Roldan) and 
petitioners (i.e., Empire Specialty Steel Inc. (formerly AL Tech 
Specialty Steel Corp.), Carpenter Technology Corp., Republic Engineered 
Steels, and the United Steel Workers of America (AFL-CIO/CLC)) filed 
case briefs on November 13, 2000. On November 20, 2000, Roldan filed a 
rebuttal brief.
    The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of Review

    For purposes of this review, SSWR comprises products that are hot-
rolled or hot-rolled annealed and/or pickled and/or descaled rounds, 
squares, octagons, hexagons or other shapes, in coils, that may also be 
coated with a lubricant containing copper, lime, or oxalate.
    SSWR is made of alloy steels containing, by weight, 1.2 percent or 
less of carbon and 10.5 percent or more of chromium, with or without 
other elements. These products are manufactured only by hot-rolling or 
hot-rolling, annealing, and/or pickling and/or descaling, are normally 
sold in coiled form, and are of solid cross-section. The majority of 
SSWR sold in the United States is round in cross-sectional shape, 
annealed and pickled, and later cold-finished into stainless steel wire 
or small-diameter bar.
    The most common size for such products is 5.5 millimeters or 0.217 
inches in diameter, which represents the smallest size that normally is 
produced on a rolling mill and is the size that most wire-drawing 
machines are set up to draw. The range of SSWR sizes normally sold in 
the United States is between 0.20 inches and 1.312 inches in diameter. 
Two stainless steel grades, SF20T and K-M35FL, are excluded from the 
scope of the review. The chemical makeup for the excluded grades is as 
follows:

SF20T

Carbon: 0.05 max
Manganese: 2.00 max
Phosphorous: 0.05 max
Sulfur: 0.15 max
Silicon: 1.00 max
Chromium: 19.00/21.00
Molybdenum: 1.50/2.50
Lead: added (0.10/0.30)
Tellurium: added (0.03 min)

K-M35FL

Carbon: 0.015 max
Silicon: 0.70/1.00
Manganese: 0.40 max
Phosphorous: 0.04 max
Sulfur: 0.03 max
Nickel: 0.30 max.
Chromium: 12.50/14.00
Lead: 0.10/0.30
Aluminum: 0.20/0.35

    The products under investigation are currently classifiable under 
subheadings 7221.00.0005, 7221.00.0015, 7221.00.0030, 7221.00.0045, and 
7221.00.0075 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and customs purposes, the Department's written description of the scope 
of this review is dispositive.

Period of Review

    The POR is March 5, 1998 through August 31, 1999.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Holly A. Kuga, Acting Deputy 
Assistant Secretary, Group II, Import Administration, to Bernard T. 
Carreau, fulfilling the duties of Assistant Secretary for Import 
Administration, dated February 12, 2001, 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.

Use of Facts Available

    In accordance with section 776 of the Act, we have determined that 
the use of facts available is appropriate for certain portions of our 
calculation of Roldan's U.S. indirect selling expenses. For a 
discussion of our determination with respect to this matter, see 
comment 2 of Decision Memorandum, accessible in B-099 and on the Web at 
http://ia.ita.doc.gov.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculation. These changes are discussed in the 
relevant sections of the Decision Memorandum.

Final Results of Review

    We determine that the following weighted-average percentage margin 
exists for the period March 5, 1998 through August 31, 1999:

------------------------------------------------------------------------
                                                                Percent
                    Manufacturer/exporter                        margin
------------------------------------------------------------------------
Roldan, S.A..................................................       0.80
------------------------------------------------------------------------

Assessment

    The Department shall determine, and the U.S. Customs Service 
(Customs) shall assess, antidumping duties on all appropriate entries. 
In accordance with 19 CFR 351.212(b)(1), we have calculated importer-
specific assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the importer-specific sales to the 
total entered value of the same sales. Where the assessment rate is 
above de minimis, we will instruct Customs to assess duties on all 
entries of subject merchandise by that importer. The Department will 
issue appraisement instructions directly to Customs.

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 SSWR from Spain 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 rate for 
Roldan will be the rate shown

[[Page 10990]]

above except if the rate is de minimis, then no cash deposit will be 
required; (2) for previously reviewed or investigated companies not 
covered in this review, 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, 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) the cash deposit rate 
for all other manufacturers or exporters will be 4.73 percent, the 
``all-others'' rate established in the LTFV investigation.
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of administrative review for a 
subsequent review period.
    This notice also serves as a final 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double 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. 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.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: February 12, 2001.
Timothy J. Hauser,
Acting Under Secretary for International Trade.

Appendix--Issues in Decision Memorandum

Comments

1. Ministerial Errors
2. Allocation Methodology Used to Calculate U.S. Indirect Selling 
Expenses
[FR Doc. 01-4283 Filed 2-20-01; 8:45 am]
BILLING CODE 3510-DS-P