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/ June
/ Monday, June 03, 2002
[Federal Register: June 3, 2002 (Volume 67, Number 106)]
[Notices]
[Page 38257-38259]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn02-31]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-835]
Stainless Steel Sheet and Strip in Coils from the Republic of
Korea: Notice of Preliminary Results of Changed Circumstances
Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results of Changed Circumstances
Countervailing Duty Administrative Review.
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SUMMARY: On September 28, 2001, the Department of Commerce (Department)
published a notice of initiation in the above-named case. As a result
of this review, the Department preliminarily finds that the new name of
Inchon Iron & Steel Co., Ltd. (Inchon) is INI Steel Company (INI).
FOR FURTHER INFORMATION CONTACT: Tipten Troidl or Richard Herring, AD/
CVD Enforcement Office VI, Group II, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone
(202) 482-2786.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
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''). In addition, unless
otherwise indicated, all citations to the Department's regulations are
to the regulations at 19 CFR Part 351 (2001).
Background
The Department published on June 8, 1999, a Final Affirmative
Countervailing Duty Determination: Stainless Steel Sheet and Strip in
Coils from the Republic of Korea, 64 FR 30636, (Sheet and Strip) and
published on August 6, 1999 the Amended Final Determination: Stainless
Steel Sheet and Strip in Coils from the Republic of Korea; and Notice
of Countervailing Duty Orders: Stainless Steel Sheet and Strip in Coils
from France, Italy, and the Republic of Korea, 64 FR 42923. In the
original investigation and a subsequent review, the Department
determined that Inchon received countervailable subsidies and therefore
the Department calculated a cash deposit rate for Inchon. In an August
6, 2001, letter to the Department, INI notified the Department that as
of August 1, 2001, Inchon's corporate name had changed to INI Steel
Company. On September 28, 2001, the Department published a Notice of
Initiation of Changed Circumstances Countervailing Duty Administrative
Review, 66 FR 49639.
Scope of the Review
For purposes of this changed circumstances review, the products
covered are certain stainless steel sheet and strip 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 sheet and strip is a flat-rolled product in coils
that is greater than 9.5 mm in width and less than 4.75 mm in
thickness, and that is annealed or otherwise heat treated and pickled
or otherwise descaled. The subject sheet and strip may also be further
processed (e.g., cold-rolled, polished, aluminized, coated, etc.)
provided that it maintains the specific dimensions of sheet and strip
following such processing.
The merchandise subject to this review is classified in the
Harmonized Tariff Schedule of the United States(HTSUS) at subheadings:
7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81\1\,
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020,
7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042,
7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035,
7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.34.0005,
7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.35.0005,
7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020,
7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005,
7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000,
7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060,
and 7220.90.0080. Although the HTSUS subheadings are provided for
convenience and Customs purposes, the Department's written description
of the merchandise under review is dispositive.
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\1\ Due to changes to the HTSUS numbers in 2001, 7219.13.0030,
7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031,
7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively.
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Excluded from the scope of this review are the following: (1) sheet
and strip that is not annealed or otherwise heat treated and pickled or
otherwise descaled, (2) sheet and strip that is cut to length, (3)
plate (i.e., flat-rolled stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a
prepared edge, rectangular in shape, of a width of not more than 9.5
mm), and (5) razor blade steel. Razor blade steel is a flat-rolled
product of stainless steel, not further worked than cold-rolled (cold-
reduced), in coils, of a width of not more than 23 mm and a thickness
of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent
chromium, and certified at the time of entry to be used in the
manufacture of razor blades. See Chapter 72 of the HTSUS, ``Additional
U.S. Note'' 1(d).
The Department has determined that certain additional specialty
stainless steel products are also excluded from the scope of this
review. These excluded products are described below.
Flapper valve steel is excluded from this review. Flapper valve
steel is defined as stainless steel strip in coils containing, by
weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35
percent molybdenum, and between 0.20 and 0.80 percent manganese. This
steel also contains, by weight, phosphorus of 0.025 percent or less,
[[Page 38258]]
silicon of between 0.20 and 0.50 percent, and sulfur of 0.020 percent
or less. The product is manufactured by means of vacuum arc remelting,
with inclusion controls for sulphide of no more than 0.04 percent and
for oxide of no more than 0.05 percent. Flapper valve steel has a
tensile strength of between 210 and 300 ksi, yield strength of between
170 and 270 ksi, plus or minus 8 ksi, and a hardness (Hv) of between
460 and 590. Flapper valve steel is most commonly used to produce
specialty flapper valves in compressors.
Also excluded is a product referred to as suspension foil, a
specialty steel product used in the manufacture of suspension
assemblies for computer disk drives. Suspension foil is described as
302/304 grade or 202 grade stainless steel of a thickness between 14
and 127 microns, with a thickness tolerance of plus-or-minus 2.01
microns, and surface glossiness of 200 to 700 percent Gs. Suspension
foil must be supplied in coil widths of not more than 407 mm, and with
a mass of 225 kg or less. Roll marks may only be visible on one side,
with no scratches of measurable depth. The material must exhibit
residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm
over 685 mm length.
Certain stainless steel foil for automotive catalytic converters is
also excluded from the scope of this review. This stainless steel strip
in coils is a specialty foil with a thickness of between 20 and 110
microns used to produce a metallic substrate with a honeycomb structure
for use in automotive catalytic converters. The steel contains, by
weight, carbon of no more than 0.030 percent, silicon of no more than
1.0 percent, manganese of no more than 1.0 percent, chromium of between
19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of
no more than 0.045 percent, sulfur of no more than 0.03 percent,
lanthanum of less than 0.002 or greater than 0.05 percent, and total
rare earth elements of more than 0.06 percent, with the balance iron.
Permanent magnet iron-chromium-cobalt alloy stainless strip is also
excluded from the scope of this review. This ductile stainless steel
strip contains, by weight, 26 to 30 percent chromium, and 7 to 10
percent cobalt, with the remainder of iron, in widths 228.6 mm or less,
and a thickness between 0.127 and 1.270 mm. It exhibits magnetic
remanence between 9,000 and 12,000 gauss, and a coercivity of between
50 and 300 oersteds. This product is most commonly used in electronic
sensors and is currently available under proprietary trade names such
as ``Arnokrome III.''\2\
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\2\ ``Arnokrome III'' is a trademark of the Arnold Engineering
Company.
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Certain electrical resistance alloy steel is also excluded from the
scope of this review. This product is defined as a non-magnetic
stainless steel manufactured to American Society of Testing and
Materials (``ASTM'') specification B344 and containing, by weight, 36
percent nickel, 18 percent chromium, and 46 percent iron, and is most
notable for its resistance to high temperature corrosion. It has a
melting point of 1390 degrees Celsius and displays a creep rupture
limit of 4 kilograms per square millimeter at 1000 degrees Celsius.
This steel is most commonly used in the production of heating ribbons
for circuit breakers and industrial furnaces, and in rheostats for
railway locomotives. The product is currently available under
proprietary trade names such as ``Gilphy 36.''\3\
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\3\ ``Gilphy 36'' is a trademark of Imphy, S.A.
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Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of this review. This high-strength,
ductile stainless steel product is designated under the Unified
Numbering System (``UNS'') as S45500-grade steel, and contains, by
weight, 11 to 13 percent chromium, and 7 to 10 percent nickel. Carbon,
manganese, silicon and molybdenum each comprise, by weight, 0.05
percent or less, with phosphorus and sulfur each comprising, by weight,
0.03 percent or less. This steel has copper, niobium, and titanium
added to achieve aging, and will exhibit yield strengths as high as
1700 Mpa and ultimate tensile strengths as high as 1750 Mpa after
aging, with elongation percentages of 3 percent or less in 50 mm. It is
generally provided in thicknesses between 0.635 and 0.787 mm, and in
widths of 25.4 mm. This product is most commonly used in the
manufacture of television tubes and is currently available under
proprietary trade names such as ``Durphynox 17.''\4\
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\4\ ``Durphynox 17'' is a trademark of Imphy, S.A.
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Finally, three specialty stainless steels typically used in certain
industrial blades and surgical and medical instruments are also
excluded from the scope of this review. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
carpet knives).\5\ This steel is similar to AISI grade 420 but
containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also
contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of
0.020 percent or less, and includes between 0.20 and 0.30 percent
copper and between 0.20 and 0.50 percent cobalt. This steel is sold
under proprietary names such as ``GIN4 Mo.'' The second excluded
stainless steel strip in coils is similar to AISI 420-J2 and contains,
by weight, carbon of between 0.62 and 0.70 percent, silicon of between
0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent,
phosphorus of no more than 0.025 percent and sulfur of no more than
0.020 percent. This steel has a carbide density on average of 100
carbide particles per 100 square microns. An example of this product is
``GIN5'' steel. The third specialty steel has a chemical composition
similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent,
molybdenum of between 1.15 and 1.35 percent, but lower manganese of
between 0.20 and 0.80 percent, phosphorus of no more than 0.025
percent, silicon of between 0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product is supplied with a hardness of
more than Hv 500 guaranteed after customer processing, and is supplied
as, for example, ``GIN6''.\6\
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\5\ This list of uses is illustrative and provided for
descriptive purposes only.
\6\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
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Preliminary Results
In determining that Inchon changed its name to INI, we reviewed
documents submitted on the record, including: (1) the minutes of
Inchon's shareholder's meeting; (2) official certification of name
change registration; and (3) INI's business registration certificate.
The minutes of the shareholder's meeting shows that the name change was
approved under item two: ``Topic of Bill of a Partial Amendment to
Articles of Incorporation.'' Article 1, which refers to the name of the
company, shows that, prior to the amendment, the name of the company
was Inchon Iron & Steel Co., Ltd, and that, after the partial amendment
to the Articles of Incorporation, the company's name is INI Steel
Company. We also reviewed a translated copy of the official
certification of name change that INI provided to the Inchon District
Court on July 31, 2001. Finally, we reviewed INI's business
registration certificate as issued on August 1, 2001 by the Inchon City
Tax Office. This document states that the reason the document was
issued was for a ``change of company name.''
Based upon the information on the record, we preliminarily
determine that Inchon has changed its name to INI Steel company. If the
final results of this review remain unchanged, we intend to
[[Page 38259]]
update our instructions to U.S. Customs to reflect this name change;
INI (Inchon) will receive Inchon's cash deposit ad valorem rate.
Public Comments
Pursuant to 19 CFR 351.310, any interested party may request a
hearing within 10 days of publication of this notice. Persons
interested in attending the hearing should contact the Department for
the date and time of any hearing. Case briefs and/ or written comments
from interested parties may be submitted no later than 10 days after
the date of publications of this notice. Rebuttal briefs and rebuttals
comments, limited to the issues raised in those case briefs or
comments, may be filed no later than 17 days after the publication of
this notice. All written comments must be submitted and served on all
interested parties on the Department's service list in accordance with
19 CFR 351.303. The Department will publish in the Federal Register a
notice of final results of this changed circumstance countervailing
duty administrative review, including the results of its analysis of
any issues raised in any written comments.
During the course of this changed circumstance review, we will not
change any cash deposit instructions on the merchandise subject to this
changed circumstances review, unless a change is determined to be
warranted pursuant to the final results of this review.
This notice is in accordance with sections 751(b)(1) and 777(i)(1)
of the Act and 19 CFR 351.221(c)(3) and 19 CFR 351.216.
Dated: May 28, 2002.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-13840 Filed 5-31-02; 8:45 am]
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