Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Plate in Coils from Canada

DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-830]

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

Stainless Steel Plate in Coils from Canada

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: March 31, 1999.

FOR FURTHER INFORMATION CONTACT: Helen Kramer or Linda Ludwig, Import

Administration, International Trade Administration, U.S. Department of

Commerce, 14th Street and Constitution Avenue, NW., Washington, DC

20230; telephone: (202) 482-0405 or (202) 482-3833, respectively.

Applicable Statute and Regulations

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 of Commerce

(``Department'') regulations are to the regulations at 19 CFR part 351

(1998).

Final Determination

We determine that Stainless Steel Plate in Coils (``SSPC'') from

Canada is being sold in the United States at less than fair value

(``LTFV''), as provided in section 735 of the Act. The estimated

margins are shown in the Suspension of Liquidation section of this

notice.

Case History

The preliminary determination in this investigation was published

on November 4, 1998. See Notice of Preliminary Determination of Sales

at Less Than Fair Value: Stainless Steel Plate in Coils from Canada, 63

FR 59527 (November 4, 1998) (``Preliminary Determination''). On

November 5, 1998, Atlas Stainless Steels (``Atlas'') requested a

postponement of the final determination to 135 days after publication

of the preliminary determination and an extension of the provisional

measures to no more than six months, pursuant to 19 CFR

351.210(b)(2)(ii) and 351.210(e)(2). Because our preliminary

determination was affirmative, and Atlas is a producer/exporter that

accounts for a significant proportion of exports from Canada of the

subject merchandise, the Department postponed the final determination

until March 19, 1999. Notice of postponement was published in the

Federal Register on December 18, 1998. See Postponement of Final

Antidumping Determinations: Stainless Steel Plate in Coils from Canada,

Italy, Republic of Korea, South Africa and Taiwan, 63 FR 70101.

Scope of Investigation

For purposes of this investigation, the product covered is certain

stainless steel plate 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 plate

products are flat-rolled products, 254 mm or over in width and 4.75 mm

or more in thickness, in coils, and annealed or otherwise heat treated

and pickled or otherwise descaled. The subject plate may also be

further processed (e.g., cold-rolled, polished, etc.) provided that it

maintains the specified dimensions of plate following such processing.

Excluded from the scope of this investigation are the following: (1)

Plate not in coils, (2) plate that is not annealed or otherwise heat

treated and pickled or otherwise descaled, (3) sheet and strip, and (4)

flat bars.

The merchandise subject to this investigation is currently

classifiable in the Harmonized Tariff Schedule of the United States

(HTS) at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.05,

7219.12.00.20, 7219.12.00.25, 7219.12.00.50, 7219.12.00.55,

7219.12.00.65, 7219.12.00.70, 7219.12.00.80, 7219.31.00.10,

7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60,

7219.90.00.80, 7220.11.00.00, 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, 7220.90.00.10,

7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTS

subheadings are provided for convenience and Customs purposes, the

written description of the merchandise under investigation is

dispositive.

Period of Investigation

The period of investigation (``POI'') is January 1 through December

31, 1997.

Facts Available

In the Preliminary Determination, the Department based the margin

on facts otherwise available under section 776(a)(2) of the Act because

Atlas refused to respond to the Department's cost questionnaire. The

Department also used an adverse inference under section 776(b) of the

Act and used the highest rate alleged in the petition because Atlas did

not cooperate to the best of its ability. Since then, no interested

parties have provided comments on the Preliminary Determination and no

request for a hearing has been received by the Department. Therefore,

we are continuing to use as adverse facts available the highest rate

alleged by petitioners.

The All Others Rate

The foreign manufacturer/exporter in this investigation is being

assigned a dumping margin on the basis of adverse facts available.

Section 735(c)(5) of the Act provides that, where the dumping margins

established for all exporters and producers individually investigated

are determined entirely under section 776 of the Act, the Department

may use any reasonable method to establish the estimated All Others

rate for exporters and producers not individually investigated.

Therefore, consistent with the Statement of Administrative Action

(``SAA'') at 873, we are using an alternative method to establish the

estimated All Others rate. In the Preliminary Determination, as an

alternative, we based the All Others rate on a simple average of the

margins in the petition. We received no comments on this issue, and

therefore continue to use this basis for the final determination. As a

result, the All Others rate is 11.10 percent.

Continuation of Suspension of Liquidation

In accordance with section 733(d)(1) and 735(c)(4)(B) of the Act,

we are directing the Customs Service to continue to suspend liquidation

of all entries of SSPC from Canada, that are entered, or withdrawn from

warehouse, for consumption on or after November 4, 1998 (the date of

publication of the preliminary determination in the Federal Register).

We will instruct the Customs Service to require a cash deposit equal to

the percentage margins, as indicated below. These suspension-of-

liquidation instructions will remain in effect until further notice.

The dumping margins are as follows:

[[Page 15458]]

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

Margin

Exporter/manufacturer percentage

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

Atlas Stainless Steel (Sammi Atlas)........................ 15.35

All Others................................................. 11.10

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

The All Others rate, which we derived from the average of the

margins calculated in the petition, applies to all entries of subject

merchandise other than those exported by the named respondent.

ITC Notification

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

International Trade Commission (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 material

injury, or threat of material injury does not exist, the proceeding

will be terminated and all securities posted will be refunded or

canceled. 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 issued and published in accordance with

sections 733(d) and 777(i)(1) of the Act.

Dated: March 19, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 99-7534 Filed 3-30-99; 8:45 am]

BILLING CODE 3510-DS-P