CERTAIN STAINLESS STEEL ROUND BAR PRODUCTS
Interim Reviews (Section 76.01)
CERTAIN STAINLESS STEEL ROUND BAR PRODUCTS
Interim Review No. RD-2004-001
Order and reasons issued
Friday, August 6, 2004
TABLE OF CONTENTS
IN THE MATTER OF an interim review, under subsection 76.01(1) of the Special Import Measures Act, of the order made by the Canadian International Trade Tribunal on September 3, 2003, in Expiry Review Nos. RR-2002-003 and RR-2002-004, as amended by the order made on January 26, 2004, in Interim Review No. RD-2003-001 concerning:
CERTAIN STAINLESS STEEL ROUND BAR PRODUCTS ORIGINATING IN OR EXPORTED FROM THE FEDERAL REPUBLIC OF GERMANY, FRANCE, INDIA, ITALY, JAPAN, SPAIN, SWEDEN, CHINESE TAIPEI, THE UNITED KINGDOM AND THE REPUBLIC OF KOREA
ORDER
The Canadian International Trade Tribunal (the Tribunal), under the provisions of subsection 76.01(1) of the Special Import Measures Act, has conducted an interim review of its order made on September 3, 2003, in Expiry Review Nos. RR-2002-003 and RR-2002-004 (as amended by the order made by the Canadian International Trade Tribunal on January 26, 2004, in Interim Review No. RD-2003-001) continuing, with amendment, the finding made by the Canadian International Trade Tribunal on September 4, 1998, in Inquiry No. NQ-98-001 (as amended by the order made by the Canadian International Trade Tribunal on March 5, 2003, in Interim Review No. RD-2002-004) and the finding made by the Canadian International Trade Tribunal on June 18, 1999, in Inquiry No. NQ-98-003 concerning certain stainless steel round bar of sizes 25 mm in diameter up to 570 mm in diameter inclusive originating in or exported from the Federal Republic of Germany, France, India, Italy, Japan, Spain, Sweden, Chinese Taipei, the United Kingdom and the Republic of Korea.
Pursuant to paragraph 76.01(5)(b) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby amends its order made on September 3, 2003, to exclude the goods described in the appendix to this order.
Ellen Fry
Ellen Fry
Presiding Member
Pierre Gosselin
Pierre Gosselin
Member
Zdenek Kvarda
Zdenek Kvarda
Member
Susanne Grimes
Susanne Grimes
Acting Secretary
Tribunal Members: |
Ellen Fry, Presiding Member |
Pierre Gosselin, Member |
|
Zdenek Kvarda, Member |
|
Director of Research: |
Selik Shainfarber |
Lead Researcher: |
Roman Cooper |
Counsel for the Tribunal: |
Marie-France Dagenais |
Registrar: |
Susanne Grimes |
PARTICIPANTS:
Domestic Producer |
Counsel/Representative |
Atlas Specialty Steels Inc. |
Gregg Cousins |
Importer |
Counsel/Representative |
Hitachi Canadian Industries Limited |
Susan A. McDonald |
Please address all communications to:
The Secretary
Canadian International Trade Tribunal
Standard Life Centre
333 Laurier Avenue West
15th Floor
Ottawa, Ontario
K1A 0G7
Telephone: (613) 993-3595
Fax: (613) 990-2439
E-mail:
STATEMENT OF REASONS
BACKGROUND
1. On April 1, 2004, the Tribunal received a request from Hitachi Canadian Industries Limited (Hitachi) for an interim review of the order made on September 3, 2003, to exclude the products listed in the appendix to this order. The Tribunal decided that the request was properly documented and invited comments from interested parties on Hitachi's request. One submission was received from Atlas Specialty Steels Inc. (Atlas) in which Atlas stated that it did not oppose the request.
2. Section 76.01 of the Special Import Measures Act 1 gives the Tribunal the jurisdiction to conduct an interim review if it is satisfied that a review is warranted. Based on the submissions received, the Tribunal decided, on June 21, 2004, that an interim review was warranted and issued a notice of commencement of interim review. The purpose of the interim review was to determine if the order should be amended to exclude the products for which an exclusion had been requested. Submissions already filed by parties were placed on the record of the interim review. In accordance with paragraph 25(c) of the Canadian International Trade Tribunal Rules,2 the Tribunal decided to proceed by way of a hearing by way of written submissions. Interested parties were invited to make submissions no later than July 7, 2004. The Tribunal received no additional submissions, other than those already placed on the record.
REASONS FOR DECISION
3. The evidence indicates that Atlas does not oppose the request for exclusions. In its submission filed with the Tribunal, Atlas indicated that, in trying to restart the Welland, Ontario, stainless steel bar facility, the exclusion of these specific products would not create problems for Atlas. In light of the evidence that the excluded products are not likely to cause or threaten to cause injury to the domestic industry, the Tribunal finds it appropriate to exclude the products from the order.
4. For the foregoing reasons, the Tribunal determines that, pursuant to paragraph 76.01(5)(b) of SIMA, the order made on September 3, 2003, should be amended to exclude the products listed in the appendix to this order.
APPENDIX
GOODS EXCLUDED BY THIS ORDER FROM THE ORDER MADE BY THE CANADIAN INTERNATIONAL TRADE TRIBUNAL IN EXPIRY REVIEW NOS. RR-2003-003 AND RR-2003-004, AS AMENDED BY THE ORDER IN INTERIM REVIEW NO. RD-2003-001
Characteristics |
Description |
KT5301ES20 - (trade name) or equivalent stainless steel round bar, hot-finished, oil-quenched, rough-machined in varying diameters. |
|
Production |
Hot-rolled or Forged |
Heat Treatment |
Oil-quenched and Tempered |
Chemical Composition (%) based on analysis as per ASTM-E572 and/or ASTM-E30 |
C .20-.25/ Si <0.50/ Mn 0.50-0.90/ P < 0.025/ S <0.025/ Ni 0.50-0.90/ Cr 11.00-12.25/ Mo 0.90-1.25/ W 0.90 - 1.25/ V 0.20-0.30 |
Hardness Test as per ASTM A370 |
291-321 HB |
End use |
Production of Hitachi high-temperature Original Equipment Manufactured parts. |
KT5321AS17 - (trade name) or equivalent stainless steel round bar, hot-rolled, quenched, varying diameters. |
|
Production |
Hot-rolled and black-skin-finished |
Heat Treatment |
Air-cool-quenched and Tempered |
Chemical Composition (%) based on analysis as per ASTM-E30 |
C < 0.15/ Si <1.00/ Mn <1.00/ P <0.040 / S <0.030/ Cr 11.50 - 13.50 / Sn <0.05 Al < 0.05 |
Hardness Test as per ASTM A370 |
<241 (HB) |
End use |
Production of Hitachi Original Equipment Manufactured parts. |
KT5400AS6 - (trade name) or equivalent stainless steel round bar, Ni-Cr steel, hot-rolled and annealed, varying diameters. |
|
Production |
Hot-rolled |
Treated |
Solution-treated |
Chemical Composition (%) based on analysis as per ASTM-E30 |
C 0.04~0.10 / Si max 1.00 / Mn max 2.00 / P max 0.045 / S max .030 / Ni 9.00~13.00 / Cr 17.00~ 19.00 / Cb+Ta min 8 xC |
Tensile Test as per ASTM A370 |
52.7 (kgf/mm2) |
End use |
Production of Hitachi Original Equipment Manufactured parts |
KT5401AS5 - (trade name) or equivalent stainless steel round bar, Cr-Ni-W-Cb steel, hot-finished rough-machined, varying diameters. |
|
Production |
Ingot manufactured in electric furnace |
Heat Treatment |
Stressed-relieved and air-cooled |
Chemical Composition (%) based on analysis as per ASTM-E30 |
C 0.12~0.17 / Si 0.40~0.60/ Mn 0.40~0.60 / P <0.030 / S <0.030 / Ni 11.50~12.50 / Cr 18.25~ 19.75 / W 3.00~3.50 / Cb+Ta 0.85~1.25 / N <0.15 |
Hardness Test as per ASTM A370 |
220 ~ 270 HB (10 mm ball @ 3000 kg) |
End use |
Production of Hitachi Original Equipment Manufactured valves |
KT5708AS2 (trade name) or equivalent stainless steel round bar, Cr-Ni-Mo-Ti-V, heat-rolled, solution-treated and double-aged, varying diameters. |
|
Production |
Hot-rolled |
Heat Treatment |
Solution-treated and double-aging treatment |
Chemical Composition (%) based on analysis as per ASTM-E30 |
C max 0.08 / Si 0.40~1.00/ Mn 1.00~2.00 / P max 0.030 / S max 0.030 / Ni 24.00~27.00 / Cr 13.50~ 16.00 / Mo 1.00~1.50 / V 0.10~0.50 / Ti 1.90~2.35 / B 0.001~0.010 / Fe Bal / Al max 0.35 |
Tensile Strength and Hardness Test as per ASTM A370 |
Tensile Strength - 91.4 kg/mm2 and Hardness 270 ~ 331 HB |
End use |
Production of Hitachi Original Equipment Manufactured parts. |
1 . R.S.C. 1985, c. S-15 [SIMA].
2 . S.O.R./91-499.