Notice of Final Determination of Sales at Less than Fair Value: Stainless Steel Bar From Japan

DEPARTMENT OF COMMERCE

[A-588-833]

Notice of Final Determination of Sales at Less than Fair Value:

Stainless Steel Bar From Japan

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: December 28, 1994.

FOR FURTHER INFORMATION CONTACT: Irene Darzenta or Kate Johnson, Office

of Antidumping Investigations, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th Street and

Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-

6320 or (202) 482-4929.

Final Determination

The Department of Commerce (the Department) determines that

stainless steel bar (SSB) from Japan is being, or is likely to be, sold

in the United States at less than fair value, as provided in section

733 of the Tariff Act of 1930, as amended (the Act) (19 U.S.C. 1673b).

The estimated margins are shown in the ``Suspension of Liquidation''

section of this notice.

Scope of Investigation

The merchandise covered by this investigation is SSB. For purposes

of this investigation, the term ``stainless steel bar'' 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 sections along their whole length, which do

not conform to the definition of flat-rolled products), and angles,

shapes and sections.

The SSB subject to this investigation is currently classifiable

under subheading 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 subheading is

provided for convenience and customs purposes, our written description

of the scope of this investigation is dispositive.

Period of Investigation

The period of investigation (POI) is July 1, 1993, through December

31, 1993.

Case History

Since the announcement of the preliminary determination on July 29,

1994, the following events have occurred. Also on July 29, 1994,

petitioners submitted a letter opposing respondents' request for

postponement of the final determination. On August 1, 1994, petitioners

supplemented their July 29, 1994, submission.

On August 4, 1994, we published the notice of preliminary

determination in the Federal Register (59 FR 39739). Petitioners

requested the opportunity to participate in a hearing, if held, on

August 10, 1994,

On August 26, 1994, we published the postponement of final

determination in the Federal Register (59 FR 44129).

On October 19, 1994, Autocam, a U.S. manufacturer of precision

machined parts for the automotive industry and importer of subject

merchandise, requested that we temporarily exclude from the scope of

this investigation a series of modified 430 leaded stainless steel.

Petitioners filed a letter in support of Autocam's request on November

9, 1994.

On November 21, 1994, we informed both Autocam and petitioners that

the request as stated was not acceptable and that they could either

withdraw the request or resubmit it. Since that time, petitioners have

not commented further on this issue.

Petitioners were the only interested party to file a case brief in

this investigation. They did so on November 8, 1994.

Best Information Available

In accordance with section 776(c) of the Act, we have determined

that the use of best information available (BIA) is appropriate for the

three named respondents. Given that none of the three responded to the

Department's questionnaire, we find they have not cooperated in this

investigation.

Specifically, our BIA methodology for uncooperative respondents is

to assign the higher of the highest margin alleged in the petition or

the highest rate calculated for another respondent. Accordingly, as

BIA, we are assigning the highest margin among the margins alleged in

the petition. See Antifriction Bearings (Other Than Tapered Roller

Bearings) and Parts Thereof From the Federal Republic of Germany; Final

Results of Antidumping Duty Administrative Review (56 FR 31692, 31704,

July 11, 1991). The Department's methodology for assigning BIA has been

upheld by the U.S. Court of Appeals of the Federal Circuit. (see Allied

Signal Aerospace Co. v. United States, 996 F.2d 1185 (Fed. Cir. 1993));

see also Krupp Stahl, AG et al. v. United States, 822 F. Supp. 789 (CIT

1993)).

Interested Party Comments

Comment 1

Petitioners argue that since the issuance of the preliminary

determination, there have been no further efforts on the part of any

respondent to cooperate with the Department in this case or submit any

information requested. Accordingly, petitioners believe that the final

determination should continue to be based on the highest margin of

dumping alleged in the petition for all Japanese SSB producers and

exporters, 61.47 percent.

DOC Position

We agree with petitioners and have continued to use the highest

margin of dumping alleged in the petition for purposes of the final

determination.

Suspension of Liquidation

In accordance with section 733(d)(1) (19 U.S.C. 1673b(d)(1)) of the

Act, we are directing the U.S. Customs Service to continue to suspend

liquidation of all entries of SSB from Japan, as defined in the ``Scope

of Investigation'' section of this notice, that are entered, or

withdrawn from warehouse, for consumption on or after the date of

publication of this notice in the Federal Register. The Customs Service

shall require a cash deposit or posting of a bond equal to the

estimated margin amount by which the foreign market value of the

subject merchandise exceeds the United States price as shown below. The

suspension of liquidation will remain in effect until further notice.

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

Weighted

average

Manufacturer/producer/exporter margin

percent

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

Aichi Steel Works, Ltd....................................... 61.47

Daido Steel Co., Ltd......................................... 61.47

Sanyo Special Steel Co., Ltd................................. 61.47

All Others................................................... 61.47

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

International Trade Commission (ITC) Notification

In accordance with section 735(d) of the Act, we have notified the

ITC of our determination. As our final determination is affirmative,

the ITC will determine whether imports of the subject merchandise are

materially injuring, or threaten material injury to, the U.S. industry

within 45 days.

If the ITC determines that material injury or threat of material

injury does not exist, the proceedings will be terminated and all

securities posted as a result of the suspension of liquidation will be

refunded or cancelled. However, if the ITC determines that such injury

does exist, we will issue an antidumping duty order directing Customs

officers to assess an antidumping duty on SSB from Japan entered or

withdrawn from warehouse, for consumption on or after the date of

suspension of liquidation.

Notification to Interested Parties

This notice serves as the only reminder to parties subject to

administrative protective order (APO) in this investigation of their

responsibility covering the return or destruction of proprietary

information disclosed under APO in accordance with 19 CFR 353.34(d).

Failure to comply is a violation of the APO.

This determination is published pursuant to section 735(d) of the

Act (19 U.S.C. 1673d(d)) and 19 CFR 353.20(a)(4).

Dated: December 19, 1994.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 94-31801 Filed 12-27-94; 8:45 am]

BILLING CODE 3510-DS-P