83 FR 49910 - Stainless Steel Bar From Brazil, India, Japan, and Spain: Continuation of Antidumping Duty Order (India) and Revocation of Antidumping Duty Orders (Brazil, Japan, and Spain)

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 192 (October 3, 2018)

As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty order on stainless steel bar (SSB) from India would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the antidumping duty order. In addition, as a result of the ITC's determinations that revocation of the antidumping duty orders on SSB from Brazil, Japan, and Spain is not likely to lead to continuation or recurrence of material injury to an industry in the United States, Commerce is revoking the antidumping duty orders on SSB from Brazil, Japan, and Spain.

[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49910-49911]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21536]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-825, A-533-810, A-588-833, A-469-805]


Stainless Steel Bar From Brazil, India, Japan, and Spain: 
Continuation of Antidumping Duty Order (India) and Revocation of 
Antidumping Duty Orders (Brazil, Japan, and Spain)

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty order on stainless steel bar (SSB) 
from India would likely lead to a continuation or recurrence of dumping 
and material injury to an industry in the United States, Commerce is 
publishing a notice of continuation of the antidumping duty order. In 
addition, as a result of the ITC's determinations that revocation of 
the antidumping duty orders on SSB from Brazil, Japan, and Spain is not 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States, Commerce is revoking the antidumping 
duty orders on SSB from Brazil, Japan, and Spain.

DATES: Antidumping Revocation (Brazil, Japan, and Spain): Effective 
August 9, 2017; Antidumping Continuation (India): Applicable October 3, 
2018.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4798.

SUPPLEMENTARY INFORMATION: 

Background

    On February 21, 1995, Commerce published the antidumping duty 
orders on SSB from Brazil, India, and Japan.\1\ On March 2, 1995, 
Commerce published the antidumping duty order on SSB from Spain.\2\ On 
July 3, 2017, Commerce published the notice of initiation of the fourth 
five-year (sunset) reviews of the antidumping duty orders on SSB from 
Brazil, India, Japan, and Spain, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act).\3\
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    \1\ See Antidumping Duty Orders: Stainless Steel Bar from 
Brazil, India, and Japan, 60 FR 9661 (February 21, 1995).
    \2\ See Amended Final Determination and Antidumping Duty Order: 
Stainless Steel Bar from Spain, 60 FR 11656 (March 2, 1995).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 30844 
(July 3, 2017).
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    Commerce conducted these sunset reviews on an expedited basis, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), because it received complete, timely, and 
adequate responses from a domestic interested party but no substantive 
responses from respondent interested parties. As a result of its 
reviews, Commerce determined that revocation of the antidumping duty 
orders would likely lead to a continuation or recurrence of dumping.\4\ 
Commerce, therefore, notified the ITC of the magnitude of the margins 
likely to prevail should the antidumping duty orders be revoked.
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    \4\ See Stainless Steel Bar from Brazil, India, Japan, and 
Spain: Final Results of the Expedited Sunset Reviews of the 
Antidumping Duty Orders, 82 FR 51393 (November 6, 2017) (Final 
Results) and accompanying Issues and Decision Memorandum.
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    On September 21, 2018, the ITC published its determinations, 
pursuant to section 751(c) and 752(a) of the Act, that revocation of 
the antidumping duty order on SSB from India would likely lead to a 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time, but that revocation 
of the antidumping duty orders on SSB from Brazil, Japan, and Spain 
would not be likely to lead to continuation or recurrence of material 
injury within a reasonably foreseeable time.\5\
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    \5\ See Stainless Steel Bar from Brazil, India, Japan, and 
Spain: Investigation Nos. 731-TA-678, 679, 681, and 682 (Fourth 
Review), USITC Publication 4820 (September 2018); see also Stainless 
Steel Bar from Brazil, India, Japan, and Spain; Determination, 83 FR 
47938 (September 21, 2018).
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Scope of the Orders

    The merchandise subject to the orders is SSB. For a complete 
description of the scope of these orders, see Appendices I and II of 
this notice.

Continuation of the Order on SSB From India

    As a result of the determinations by Commerce and the ITC that 
revocation of the antidumping duty order on SSB from India would likely 
lead to a continuation or recurrence of dumping and material injury to 
an industry in the United States, pursuant to section 751(d)(2) of the 
Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of 
the antidumping duty order on SSB from India. U.S. Customs and Border 
Protection (CBP) will continue to collect antidumping duty cash 
deposits at the rates in effect at the time of entry for all imports of 
subject merchandise.
    The effective date of the continuation of the order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next sunset review of the order not later than 
30 days prior to the fifth anniversary of the effective date of 
continuation.

Revocation of the Antidumping Duty Orders on SSB From Brazil, Japan, 
and Spain

    As a result of the determinations by the ITC that revocation of the 
antidumping duty orders on SSB from Brazil, Japan, and Spain would not 
be likely to lead to the continuation or recurrence of material injury 
to an industry in the United States, pursuant to section 751(d)(2) of 
the Act, Commerce is revoking the antidumping duty orders on SSB from 
Brazil, Japan, and Spain. Pursuant to section 751(d)(2) of the Act and 
19 CFR 351.222(i)(2)(i), the effective date of revocation is August 9, 
2017 (i.e., the fifth anniversary of the date of publication in the 
Federal Register of the notice of continuation of the antidumping duty 
Continuation of Orders).\6\
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    \6\ See Stainless Steel Bar from Brazil, India, Japan, and 
Spain: Continuation of Antidumping Duty Orders, 77 FR 47595 (August 
9, 2012) (Continuation of Orders).

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[[Page 49911]]

Cash Deposits and Assessment of Duties on SSB From Brazil, Japan, and 
Spain

    Commerce intends to issue instructions to CBP, 15 days after 
publication of this notice, to terminate the suspension of liquidation 
and to discontinue the collection of cash deposits on entries of SSB 
from Brazil, Japan, and Spain entered, or withdrawn from warehouse, on 
or after August 9, 2017. Commerce intends to further instruct CBP to 
refund, with interest, all cash deposits on unliquidated entries made 
on or after August 9, 2017. Entries of subject merchandise made prior 
to the effective date of revocation will continue to be subject to 
suspension of liquidation and antidumping deposit requirements and 
assessments.
    These sunset reviews and this notice are in accordance with section 
751(c) of the Act and published pursuant to section 777(i)(1) of the 
Act and 19 CFR 351.218(f)(4).

    Dated: September 27, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Order: Brazil, India, and Spain

    The merchandise subject to the order is SSB. The term SSB with 
respect to the orders 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 section along their 
whole length, which do not conform to the definition of flat-rolled 
products), and angles, shapes and sections. The SSB subject to the 
orders is currently classifiable under subheadings 7222.10.00, 
7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized 
Tariff Schedule of the United States (HTSUS). Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of the order is dispositive.

Appendix II

Scope of the Order: Japan

    The merchandise subject to the order is SSB. The term SSB with 
respect to the order 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.
    Furthermore, effective for entries entered, or withdrawn for 
warehouse, for consumption on or after February 1, 2010, the term 
does not include one SSB product under Grade 304 and two types of 
SSB products under Grade 440C. (1) The Grade 304 product meets the 
following descriptions: round cross-section, cold finished, chrome 
plated (plating thickness 10 microns or greater), hardness of 
plating a minimum 750 HV on the Vickers Scale, maximum roundness 
deviation of 0.020 mm (based on circularity tolerance described in 
JIS B 0021 (1984)), in actual (measured) lengths from 2000 mm to 
3005 mm, in nominal outside diameters ranging from 6 mm to 30 mm 
(diameter tolerance for any size from minus 0.010 mm to minus 0.053 
mm). Tolerance can be defined as the specified permissible deviation 
from a specified nominal dimension; for example if the nominal 
outside diameter of the product entering is 6 mm, then the actual 
measured sizes should fall within 5.947 mm to 5.990 mm; (2) The 
first Grade 440C product meets the following descriptions: round 
cross-section, cold finished, heat treated through induction 
hardening, minimum Rockwell hardness of 56 Hardness of 56 HRC, 
maximum roundness deviation of 0.007 mm (based on circularity 
tolerance described in JIS B 0021 (1984)), in actual (measured) 
lengths from 500 mm to 3005 mm, in nominal outside diameters ranging 
from 3 mm to 38.10 mm (diameter tolerance for any size from 0.00 mm 
to minus 0.150 mm). Tolerance can be defined as the specified 
permissible deviation from a specified nominal dimension; for 
example if the nominal outside diameter of the product entering is 3 
mm, then the actual measured sizes should fall within 2.850 mm to 
3.000 mm; (3) The second Grade 440C product meets the following 
descriptions: round cross-section, cold finished, chrome plated 
(plating thickness 5 microns or greater), heat treated through 
induction hardening, minimum Rockwell Hardness of 56 HRC, maximum 
roundness deviation of 0.007 mm (based on circularity tolerance 
described in JIS B 0021 (1984)), in actual (measured) lengths from 
2000 mm to minus 3005 mm, (diameter tolerance for any size from 
minus 0.004 mm to minus 0.020 mm). Tolerance can be defined as the 
specified permissible deviation from a specified nominal dimension; 
for example if the nominal outside diameter of the product entering 
is 6 mm, then the actual measured sizes should fall within 5.980 mm 
to 5.996 mm.
    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 section along their 
whole length, which do not conform to the definition of flat-rolled 
products), and angles, shapes and sections. The SSB subject to the 
order is currently classifiable under subheadings 7222.10.00, 
7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized 
Tariff Schedule of the United States (HTSUS). Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of the order is dispositive.

[FR Doc. 2018-21536 Filed 10-2-18; 8:45 am]
 BILLING CODE 3510-DS-P