[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-19070] [[Page Unknown]] [Federal Register: August 4, 1994] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE [A-588-833] Preliminary Determination of Sales at Less Than Fair Value: Stainless Steel Bar From Japan AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 4, 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, NW., Washington, DC 20230; telephone (202) 482- 6320 or (202) 482-4929. Preliminary Determination The Department of Commerce (the Department) preliminarily 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 notice of initiation on January 19, 1994 (59 FR 3844, January 27, 1994), the following events have occurred. On February 4, 1994, the U.S. Embassy in Tokyo provided the Department with the names of the firms producing SSB in Japan. To supplement this data, on February 7, 1994, counsel for respondents submitted volume and value statistics for eight Japanese companies. On February 14, 1994, the International Trade Commission (ITC) issued an affirmative preliminary injury determination (USITC Publication 2734, February 1994). On February 28, 1994, the Department sent its antidumping questionnaire to Aichi Steel Works, Ltd. (Aichi), Daido Steel Co., Ltd. (Daido), and Sanyo Special Steel Co., Ltd. (Sanyo). These firms accounted for at least 60 percent of the exports of the subject merchandise to the United States during the POI, in accordance with 19 CFR 353.42(b). On March 7, 1994, the Department met with company officials from Aichi, Daido and Sanyo at the Japanese Ministry of International Trade and Industry in Tokyo. At this meeting each of the three named respondent companies stated that they did not intend to participate in our investigation. No questionnaire responses were submitted. On March 11, 1994, the Department received a request from an additional Japanese producer of SSB, Abe Bright Shaft Manufacturing Co., Ltd. (Abe Bright), to be a voluntary respondent in this investigation. On March 11, 1994, we sent a questionnaire to Abe Bright. On April 4, 1994, Abe Bright submitted a letter withdrawing its request to participate as a voluntary respondent in this investigation. On March 25, 1994, we received comments on the issue of class or kind of merchandise from interested parties, per the Department's invitation for such comments in its notice of initiation. On April 13, 1994, we determined that SSB constitutes one class or kind of merchandise. (See May 11, 1994, Decision Memorandum to Barbara Stafford from The Team Re: Class or Kind of Merchandise.) On April 26, 1994, the Department received a request from petitioners to postpone the preliminary determination until July 28, 1994. On May 16, 1994, we published in the Federal Register (59 FR 25447), a notice announcing the postponement of the preliminary determination until not later than July 28, 1994, pursuant to petitioners' request, in accordance with 19 CFR 353.15 (c) and (d). Best Information Available Because the three named respondents failed to respond to the Department's questionnaire, we based our determination on BIA pursuant to section 776(c) of the Act. As BIA, we are assigning 61.47 percent, the highest margin among the margins alleged in the petition, in accordance with the two-tiered BIA methodology under which the Department imposes the most adverse rate upon a respondent who refuses to cooperate or otherwise significantly impedes the proceeding, and as outlined in the 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 for the Federal Circuit (see Allied-Signal Aerospace Co. v. United States, Slip Op. 94-1112 (June 30, 1994); and 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)). 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 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 ------------------------------------------------------------------------ ITC Notification In accordance with section 733(f) of the Act, we have notified the ITC of our determination. If 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, before the later of 120 days after the date of the preliminary determination or 45 days after our final determination. Public Comment In accordance with 19 CFR 353.38, case briefs or other written comments must be submitted, in at least ten copies, to the Assistant Secretary for Import Administration no later than November 8, 1994, and rebuttal briefs no later than November 15, 1994. In addition, a public version and five copies should be submitted by the appropriate date if the submission contains business proprietary information. In accordance with 19 CFR 353.38(b), we will hold a public hearing, if requested, to afford interested parties an opportunity to comment on arguments raised in case or rebuttal briefs. Tentatively, the hearing will be held, if requested, at 2:00 p.m. on November 17, 1994, at the U.S. Department of Commerce, Room 1414, 14th Street and Constitution Avenue NW., Washington DC 20230. Parties should confirm by telephone the time, date, and place of the hearing 48 hours before the scheduled time. Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Import Administration, U.S. Department of Commerce, Room B-099 within ten days of the date of publication of this notice. Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. In accordance with 19 CFR 353.38(b), oral presentation will be limited to arguments raised in the briefs. This determination is published pursuant to section 733(f) of the Act (19 U.S.C. 1673b(f)) and 19 CFR 353.15(a)(4). Dated: July 28, 1994. Barbara R. Stafford, Acting Assistant Secretary for Import Administration. [FR Doc. 94-19070 Filed 8-3-94; 8:45 am] BILLING CODE 3510-DS-P