Stainless Steel Plate From Sweden: Notice of Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-401-040]

Stainless Steel Plate From Sweden: Notice of 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 July 7, 1999, the Department of Commerce (the Department)

published the preliminary results of review in the antidumping duty

administrative review of stainless steel plate from Sweden (64 FR

36667). The review covers two manufacturers/exporters, Avesta Sheffield

AB (Avesta) and Uddeholm Tooling AB, Bohler-Uddeholm Corporation and

Uddeholm Limited (collectively, Uddeholm), of the subject merchandise

to the United States and the period June 1, 1997 through May 31, 1998.

EFFECTIVE DATE: November 9, 1999.

FOR FURTHER INFORMATION CONTACT: Jonathan Lyons, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW, Washington, DC 20230; telephone

(202) 482-0374.

SUPPLEMENTARY INFORMATION:

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 (``URAA''). In addition,

unless otherwise indicated, all citations to the Department's

regulations are references to the provisions codified at 19 CFR part

351 (1998).

Background

The Department of the Treasury published an antidumping finding on

stainless steel plate from Sweden on June 8, 1973 (38 FR 15079). On

July 7, 1999, the Department published in the Federal Register the

preliminary results of antidumping duty administrative review of this

antidumping finding (64 FR 36667) for the period June 1, 1997 through

May 31, 1998. We invited interested parties to comment and received one

comment regarding Avesta. The Department has now completed this review

in accordance with section 751(a) of the Act.

Scope of the Review

Imports covered by this review are shipments of stainless steel

plate which is commonly used in scientific and industrial equipment

because of its resistance to staining, rusting and pitting. Stainless

steel plate is classified under Harmonized Tariff Schedule of the

United States (HTSUS) item numbers 7219.11.00.00, 7219.12.00.05,

7219.12.00.15, 7219.12.00.45, 7219.12.00.65, 7219.12.00.70,

7219.12.00.80, 7219.21.00.05, 7219.21.00.50, 7219.22.00.05,

7219.22.00.10, 7219.22.00.30, 7219.22.00.60, 7219.31.00.10,

7219.31.00.50, 7220.11.00.00, 7222.30.00.00, and 7228.40.00.00.

Although the subheadings are provided for convenience and customs

purposes, the written description of the merchandise is dispositive.

Period of Review

The period of review is June 1, 1997 through May 31, 1998.

Analysis of Comments Received

We invited interested parties to comment on the preliminary results

of this administrative review. We received a timely filed case brief

from Avesta. Uddeholm informed the Department that it had no comments

on the preliminary determination. Petitioners did not submit any

comments.

Comment 1: Proper Facts Available Rate for Avesta

On September 2, 1998, Avesta notified the Department that it was

unable to participate in the 1997-1998 administrative review and that

it was not responding to the questionnaire sent by the Department on

August 12, 1998. Because Avesta declined to respond to the Department's

questionnaire, we assigned Avesta an adverse facts available rate of

29.36 percent in our preliminary determination.

Avesta argues that the Department, in determining the facts

available rate for this review, used a final margin from a previous

review that was subsequently amended. Avesta asserts that the margin

used, which was published on January 12, 1998 (63 FR 1824) for the

1995-1996 administrative review, was amended on February 19, 1998 (63

FR 8434). Avesta further asserts that the corrected, lower rate of

24.67 percent should be the used as the basis of the Department's facts

available determination, as it is the accurate highest previous margin

in this case. Avesta argues that the Department should rely on the

revised rate that reflects the correction of an error made by the

Department in its 1995-1996 final determination. With the publication

of the amended final results for the 1995-1996 period of review, Avesta

asserts that the Department acknowledged that the initial final rate

was, in fact, an intermediary rate that was neither reliable nor

relevant.

Department's Position

The Department agrees with Avesta that the most appropriate facts

available rate should be the highest final, amended rate from previous

segments conducted by the Department, which for the instant review is

Avesta's amended final rate for the 1995-1996 administrative review

period. As noted in the preliminary determination, the Department

selects a facts available rate that can be deemed both reliable and

relevant (64 FR at 36668-69). Preliminary results, and final results

that are later amended, are by their nature intermediary. In selecting

the proper basis for a facts available rate, section 351.308(c)(1)(iii)

of the Department's regulations specifies that results from previous

administrative reviews can be considered an appropriate basis for

secondary information used to make an adverse inference. In the instant

review, the facts available margin selected is a rate calculated in a

prior segment of the proceeding. Since the Department amended the rate

in the final results for the 1995-1996 period of review, the amended

final rate for the 1995-1996 review supersedes previous rates published

for that segment in terms of accuracy and appropriateness. The amended

final rate is the most reliable and relevant, thus meeting the

requirements of section 776(c) of the Act.

Final Results of Review

As a result of this review, we determine that the following margins

exist for the period June 1, 1997 through May 31, 1998:

Avesta--24.67 percent

Uddeholm--7.30 percent

The Department shall determine, and the U.S. Customs Service shall

assess, antidumping duties on all appropriate entries. The Department

shall issue appraisement instructions directly to the Customs Service.

For assessment purposes, we have calculated importer-specific duty

assessment rates for the merchandise based on the ratio of the total

amount of antidumping duties calculated for the examined sales to the

total entered value of sales examined.

Furthermore, the following deposit requirements will be effective,

upon publication of this notice of final results of review, for all

shipments of stainless

[[Page 61066]]

steel plate from Sweden entered, or withdrawn from warehouse, for

consumption on or after the publication date, as provided for by

section 751(a)(1) of the Act: (1) The cash deposit rates for Avesta and

Uddeholm will be the rates stated above; (2) for previously

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, or

the original 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 continue to be 4.46 percent, the

all others rate established in the less-than-fair-value (LTFV)

investigation. These deposit requirements, when imposed, shall remain

in effect until publication of the final results of the next

administrative review.

This notice 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 the only reminder to parties subject to

administrative protective order (APO) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with section 351.306 of the Department's regulations.

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.

This administrative review and notice are in accordance with

section 751(a)(1) of the Act, section 771(i) of the Act, and 19 CFR

351.213.

Dated: November 2, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 99-29344 Filed 11-8-99; 8:45 am]

BILLING CODE 3510-DS-P