Notice of Final Determination of Sales at Less Than Fair Value: Clad Steel Plate From Japan

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-838]

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

Clad Steel Plate From Japan

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: May 9, 1996.

FOR FURTHER INFORMATION CONTACT: Ellen Grebasch, Dorothy Tomaszewski,

or Erik Warga, Import Administration, International Trade

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

Constitution Avenue, N.W., Room 3099, Washington, D.C. 20230;

telephone: (202) 482-3773, (202) 482-0631, or (202) 482-0922,

respectively.

THE APPLICABLE STATUTE: Unless otherwise indicated, all citations to

the statute are references to the provisions effective January 1, 1995,

the effective date of the amendments made to the Tariff Act of 1930

(the Act) by the Uruguay Round Agreements Act (URAA).

FINAL DETERMINATION: As explained in the memoranda from the Assistant

Secretary for Import Administration dated November 22, 1995, and

January 11, 1996, the Department of Commerce (the Department) has

exercised its discretion to toll all deadlines for the duration of the

partial shutdowns of the Federal Government from November 15 through

November 21, 1995, and December 16, 1995, through January 6, 1996.

Thus, all deadlines in this investigation have been extended by 28

days, i.e., one day for each day (or partial day) the Department was

closed. As such, the deadline for this final determination is no later

than May 2, 1996.

We determine that clad steel plate from Japan is being sold in the

United States at less than fair value (LTFV), as provided in section

735 of the Tariff Act of 1930, as amended (the Act). The estimated

margins are shown in the ``Suspension of Liquidation'' section of this

notice.

Case History

There has been no activity regarding this case, since the February

22, 1996, preliminary determination. See Notice of Preliminary

Determination of Sales at Less Than Fair Value: Clad Steel Plate from

Japan February 22, 1996, (61 FR 7469, February 28, 1996).

Scope of the Investigation

The scope of this investigation is all clad \1\ steel plate of a

width of 600 millimeters (``mm'') or more and a composite thickness of

4.5 mm or more. Clad steel plate is a rectangular finished steel mill

product consisting of a layer of cladding material (usually stainless

steel or nickel) which is metallurgically bonded to a base or backing

of ferrous metal (usually carbon or low alloy steel) where the latter

predominates by weight.

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\1\ Cladding is the association of layers of metals of different

colors or natures by molecular interpenetration of the surfaces in

contact. This limited diffusion is characteristic of clad products

and differentiates them from products metalized in other manners

(e.g., by normal electroplating). The various cladding processes

include pouring molten cladding metal onto the basic metal followed

by rolling; simple hot-rolling of the cladding metal to ensure

efficient welding to the basic metal; any other method of deposition

or superimposing of the cladding metal followed by any mechanical or

thermal process to ensure welding (e.g., electro-cladding), in which

the cladding metal (nickel, chromium, etc.) is applied to the basic

metal by electroplating, molecular interpenetration of the surfaces

in contact then being obtained by heat treatment at the appropriate

temperature with subsequent cold-rolling. See Harmonized Commodity

Description and Coding System Explanatory Notes, Chapter 72, General

Note (IV) (C)(2)(e).

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Stainless clad steel plate is manufactured to American Society for

Testing and Materials (``ASTM'') specifications A263 (400 series

stainless types) and A264 (300 series stainless types). Nickel and

nickel-base alloy clad steel plate is manufactured to ASTM

specification A265. These specifications are illustrative but not

necessarily all-inclusive. Clad steel plate within the scope of this

investigation is classifiable under the Harmonized Tariff Schedule of

the United States (``HTSUS'') 7210.90.10.00. 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 September 1, 1994, through

August 31, 1995.

Facts Available

For reasons discussed in the preliminary determination, the

Department, pursuant to section 776 of the Act, has used the facts

available. For a discussion of the reasons for application of the facts

available, and the selection of the petition margin as the facts

available, see the preliminary determination.

The Department has not received any comments since the preliminary

determination on its application of facts available. In accordance with

section 776(c) of the Act, the Department attempted to corroborate the

petition information by comparing the petition information on export

price to U.S. Customs data and Japanese export statistics. Both of

these sources record prices based on the HTSUS subheading

7210.90.10.00, and support the prices contained in the petition. (See

memorandum dated February 16, 1996.)

Because Lukens Steel Company (the petitioner) based the normal

value calculation on constructed value in the petition, we were able to

examine the supporting documentation regarding the valuation of

variable costs for labor, electricity, natural gas, and other factors

(principally backing steel and insert metal costs) in Japan and because

that supporting information was from independent, public sources, we

found that those costs have probative value.

Fair Value Comparisons

As noted above, as in our preliminary determination, this final

determination has been made using the margin in the petition as the

facts avialable.

All-Others Rate

Under section 735(c)(5) of the Act, the ``all-others rate'' will

normally be a weighted average of the weighted-average dumping margins

established for all exporters and producers, but will exclude any zero

or de minimis margins, or any margins based entirely on the facts

available. However, this provision also states that if there are no

margins other than those that are zero, de minimis, or based entirely

on the facts available, the Department may use other reasonable methods

to calculate the all-others rate, including a weighted-average of such

margins. In this case, the only margin on the record is the facts

available margin of 118.53 percent that the Department assigned to JSW.

Therefore, the Department determines the all-others rate to be 118.53

percent as well.

[[Page 21159]]

Continuation of Suspension of Liquidation

In accordance with section 735(c) of the Act, we are directing the

Customs Service to continue to suspend liquidation of all entries of

Clad Plate Steel from Japan 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 amount by

which the normal value exceeds the export price as shown below. The

suspension of liquidation instructions will remain in effect until

further notice.

The dumping margins are as follows:

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

Margin

Exporter/Manufacturer Percentage

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

The Japan Steel Company..................................... 118.53

All Others.................................................. 118.53

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The all others rate applies to all entries of subject merchandise.

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 within 45 days determine whether these imports are

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

If the ITC determines that such injury does exist, the Department will

issue an antidumping duty order directing Customs officials 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.

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

Act and 19 CFR 353.20(a)(4).

Paul L. Joffe

Acting Assistant Secretary for Import Administration.

Dated: May 2, 1996.

[FR Doc. 96-11629 Filed 5-08-96; 8:45 am]

BILLING CODE 3510-DS-P