80_FR_69054 80 FR 68839 - Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products From Italy: Preliminary Affirmative Determination

80 FR 68839 - Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products From Italy: Preliminary Affirmative Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 215 (November 6, 2015)

Page Range68839-68841
FR Document2015-28452

The Department of Commerce (the ``Department'') preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain corrosion-resistant steel products (``corrosion-resistant steel'') from Italy. The period of investigation is January 1, 2014, through December 31, 2014. We invite interested parties to comment on this preliminary determination.

Federal Register, Volume 80 Issue 215 (Friday, November 6, 2015) 
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68839-68841]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28452]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-833]


Countervailing Duty Investigation of Certain Corrosion-Resistant 
Steel Products From Italy: Preliminary Affirmative Determination

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

SUMMARY: The Department of Commerce (the ``Department'') preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of certain corrosion-resistant steel products 
(``corrosion-resistant steel'') from Italy. The period of investigation 
is January 1, 2014, through December 31, 2014. We invite interested 
parties to comment on this preliminary determination.

DATES: Effective November 6, 2015.

FOR FURTHER INFORMATION CONTACT: Bob Palmer, Irene Gorelik, and Katie 
Marksberry, AD/CVD Operations, Office V, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone 
202.482.9068, 202.482.6905, and 202.482.7906, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The products covered by this investigation are corrosion-resistant 
steel products from Italy. For a complete description of the scope of 
this investigation, see Appendix II.

Methodology

    The Department is conducting this countervailing duty (``CVD'') 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (the ``Act''). For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Decision 
Memo.\1\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix I to this notice. The Preliminary 
Decision Memo is a public document and is on file electronically in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building, as well as electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS''). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the CRU. In 
addition, parties can directly access a complete version of the 
Preliminary Decision Memo on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memo and the electronic versions of the Preliminary Decision Memo are 
identical in content.
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    \1\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Countervailing Duty Investigation of Certain Corrosion-Resistant 
Steel Products from Italy: Decision Memorandum for the Preliminary 
Determination,'' dated concurrently with this notice (``Preliminary 
Decision Memo'').
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Adverse Facts Available

    Section 776(a) of the Act provides that, subject to section 782(d) 
of the Act, the Department shall apply ``facts otherwise available'' 
if: (1) Necessary information is not on the record; or (2) an 
interested party or any other person (A) withholds information that has 
been requested, (B) fails to provide information within the deadlines 
established, or in the form and manner requested by the Department, 
subject to subsections (c)(1) and (e) of section 782 of the Act, (C) 
significantly impedes a proceeding, or (D) provides information that 
cannot be verified as provided by section 782(i) of the Act. 
Furthermore, section 776(b) of the Act provides that the Department may 
use an adverse inference in applying the facts otherwise available when 
a party fails to cooperate by not acting to the best of its ability to 
comply with a request for information.
    In this case, the Department twice requested information with 
respect to the Industrial Development Grants Under Law 488/92, 
Technological Innovation Grants and Loans Under Law 46/82, and Certain 
Social Security

[[Page 68840]]

Reductions and Exemptions (``Sgravi'' Benefits) from the Government of 
Italy. The Government of Italy withheld necessary information with 
respect to each of these programs, failed to provide information in the 
form and manner requested, and did not provide requested information by 
the deadlines for submission of the information, as explained in more 
detail in the Preliminary Decision Memo. Furthermore, the Department 
has concluded that the Government of Italy did not cooperate to the 
best of its ability in providing the requested information. 
Accordingly, pursuant to sections 776(a) and (b) of the Act, we have 
preliminarily determined that for each of these programs, the 
application of adverse facts available is warranted. For the Industrial 
Development Grants Under Law 488/92 and Technological Innovation Grants 
and Loans Under Law 46/82 programs, we have preliminarily determined as 
adverse facts available that these programs are de facto specific, in 
accordance with section 771(5A)(D)(iii) of the Act. For the Sgravi 
Benefits, we have preliminarily determined that the reduced tax revenue 
due to the Government of Italy under these provisions constitute 
financial contributions within the meaning of section 771(5)(D)(ii) of 
the Act as revenue forgone. We have also preliminarily determined that 
revenue forgone under these provisions is either de facto specific, in 
accordance with section 771(5A)(D)(ii) of the Act, or regionally 
specific, in accordance with section 771(5A)(D)(iv) of the Act.
    In addition, one company selected as a mandatory respondent, Ilva 
S.p.A., did not respond to the Department's questionnaires or 
participate in the investigation. Accordingly, as adverse facts 
available, pursuant to sections 776(a) and (b), we have preliminarily 
determined that Ilva benefitted from certain countervailable programs 
during the POI and calculated a rate for Ilva based on those programs. 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Preliminary Decision Memo.

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated an individual rate for each producer/exporter of the subject 
merchandise individually investigated. We preliminarily determine the 
countervailable subsidy rates to be:

------------------------------------------------------------------------
                  Company                      Subsidy rate (percent)
------------------------------------------------------------------------
Acciaieria Arvedi S.p.A., Finarvedi         0.38 (de minimis).
 S.p.A., Arvedi Tubi Acciaio S.p.A., Euro-
 Trade S.p.A., and Siderurgica Triestina
 Srl., collectively, the Arvedi Group.
Marcegaglia S.p.A. and Marfin S.p.A., the   0.04 (de minimis).
 Marcegaglia Group.
Ilva S.p.A................................  38.41.
All Others................................  13.06.
------------------------------------------------------------------------

    In accordance with section 703(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of corrosion-resistant from Italy as described in the scope of 
the investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register, except for the Arvedi Group and the Marcegaglia 
Group, as described below. Section 703(e)(2) of the Act provides that, 
given an affirmative determination of critical circumstances, any 
suspension of liquidation shall apply to unliquidated entries of 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the later of (a) the date which is 90 days before the date on 
which the suspension of liquidation was first ordered, or (b) the date 
on which notice of initiation of the investigation was published. On 
October 29, 2015, we preliminarily found that critical circumstances 
exist for imports produced or exported by Ilva S.p.A.\2\ For Ilva 
S.p.A., in accordance with section 703(e)(2)(A) of the Act, suspension 
of liquidation of corrosion-resistant steel from Italy, as described in 
the ``Scope of the Investigation'' section, shall apply to unliquidated 
entries of merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date which is 90 days before the 
publication of this notice, the date suspension of liquidation is first 
ordered. Because we preliminarily found critical circumstances do not 
exist for all other producers and exporters, we will begin suspension 
of liquidation for such firms on the date of publication of this notice 
in the Federal Register. Pursuant to 19 CFR 351.205(d), the Department 
will instruct CBP to require a cash deposit equal to the amounts 
indicated above. Further, because we reached a negative preliminary 
countervailing duty determination for the Arvedi Group and the 
Marcegaglia Group, we will not instruct CBP to suspend liquidation of 
entries for these companies.
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    \2\ See Antidumping and Countervailing Duty Investigations of 
Corrosion-Resistant Steel Products from India, Italy, the People's 
Republic of China, the Republic of Korea, and Taiwan: Preliminary 
Determinations of Critical Circumstances, 80 FR _____ (November ___, 
2015) (signed October 29, 2015).
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    In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for 
companies not individually investigated, we apply an ``all-others'' 
rate, which is normally calculated by weighting the subsidy rates of 
the individual companies selected as mandatory respondents by those 
companies' exports of the subject merchandise to the United States. 
Under section 705(c)(5)(i) of the Act, the all-others rate excludes 
zero and de minimis rates calculated for the exporters and producers 
individually investigated as well as rates based entirely on facts 
otherwise available. Where the rates for the individually investigated 
companies are all zero or de minimis, or determined entirely using 
facts otherwise available, section 705(c)(5)(A)(ii) of the Act 
instructs the Department to establish an all-others rate using ``any 
reasonable method.'' Where the countervailable subsidy rates for all of 
the individually investigated respondents are zero or de minimis or are 
based on AFA, the Department's practice, pursuant to 705(c)(5)(A)(ii), 
is to calculate the all others rate based on a simple average of the 
zero or de minimis margins and the margins based on AFA. 
Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we 
have not calculated the ``all-others'' rate by weight averaging the 
rates of the two individually investigated respondents plus the margin 
based on AFA, because Ilva failed to report volume data that would 
enable the Department to determine the all-others rate based on a 
weighted-average. Therefore, and consistent with the Department's 
practice, for the ``all-others'' rate, we calculated a simple average 
of the two responding firms' rates and the AFA rate for the non-
responsive company.\3\
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    \3\ See, e.g., Countervailing Duty Investigation of Chlorinated 
Isocyanurates from the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination With Final 
Antidumping Determination, 79 FR 10097 (February 24, 2014); see 
also, Non-Oriented Electrical Steel From Taiwan: Final Affirmative 
Countervailing Duty Determination, 79 FR 61602 (October 14, 2014) 
and accompanying IDM at VIII. Calculation of the All Others Rate.
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Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
the information submitted by the respondents prior to making our final 
determination.

[[Page 68841]]

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (``ITC'') of our determination. In 
addition, we are making available to the ITC all non-privileged and 
non-proprietary information relating to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either publicly or under an administrative 
protective order, without the written consent of the Assistant 
Secretary for Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\4\ 
Interested parties may submit case and rebuttal briefs,\5\ and request 
a hearing.\6\ For a schedule of the deadlines for filing case briefs, 
rebuttal briefs, and hearing requests, see the Preliminary Decision 
Memorandum.
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c) and (d).
    \6\ See 19 CFR 351.510.
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    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: November 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memo

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Preliminary Determination of Critical Circumstances
VI. Injury Test
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Subsidies Valuation
IX. Benchmarks and Discount Rates
X. Analysis of Programs
XI. Calculation of All Others Rate
XII. Disclosure and Public Comment
XIII. Conclusion

Appendix II

    The products covered by this investigation are certain flat-
rolled steel products, either clad, plated, or coated with 
corrosion-resistant metals such as zinc, aluminum, or zinc-, 
aluminum-, nickel- or iron-based alloys, whether or not corrugated 
or painted, varnished, laminated, or coated with plastics or other 
non-metallic substances in addition to the metallic coating. The 
products covered include coils that have a width of 12.7 mm or 
greater, regardless of form of coil (e.g., in successively 
superimposed layers, spirally oscillating, etc.). The products 
covered also include products not in coils (e.g., in straight 
lengths) of a thickness less than 4.75 mm and a width that is 12.7 
mm or greater and that measures at least 10 times the thickness. The 
products covered also include products not in coils (e.g., in 
straight lengths) of a thickness of 4.75 mm or more and a width 
exceeding 150 mm and measuring at least twice the thickness. The 
products described above may be rectangular, square, circular, or 
other shape and include products of either rectangular or non-
rectangular cross-section where such cross-section is achieved 
subsequent to the rolling process, i.e., products which have been 
``worked after rolling'' (e.g., products which have been beveled or 
rounded at the edges). For purposes of the width and thickness 
requirements referenced above:
    (1) Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set forth above, and
    (2) where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.
    Steel products included in the scope of this investigation are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; (2) the carbon content is 2 percent or 
less, by weight; and (3) none of the elements listed below exceeds 
the quantity, by weight, respectively indicated:

 2.50 percent of manganese, or
 3.30 percent of silicon, or
 1.50 percent of copper, or
 1.50 percent of aluminum, or
 1.25 percent of chromium, or
 0.30 percent of cobalt, or
 0.40 percent of lead, or
 2.00 percent of nickel, or
 0.30 percent of tungsten (also called wolfram), or
 0.80 percent of molybdenum, or
 0.10 percent of niobium (also called columbium), or
 0.30 percent of vanadium, or
 0.30 percent of zirconium

    Unless specifically excluded, products are included in this 
scope regardless of levels of boron and titanium.
    For example, specifically included in this scope are vacuum 
degassed, fully stabilized (commonly referred to as interstitial-
free (IF)) steels and high strength low alloy (HSLA) steels. If 
steels are recognized as low carbon steels with micro-alloying 
levels of elements such as titanium and/or niobium added to 
stabilize carbon and nitrogen elements. HSLA steels are recognized 
as steels with micro-alloying levels of elements such as chromium, 
copper, niobium, titanium, vanadium, and molybdenum.
    Furthermore, this scope also includes Advanced High Strength 
Steels (AHSS) and Ultra High Strength Steels (UHSS), both of which 
are considered high tensile strength and high elongation steels.
    All products that meet the written physical description, and in 
which the chemistry quantities do not exceed any one of the noted 
element levels listed above, are within the scope of this 
investigation unless specifically excluded. The following products 
are outside of and/or specifically excluded from the scope of this 
investigation:
     Flat-rolled steel products either plated or coated with 
tin, lead, chromium, chromium oxides, both tin and lead (``terne 
plate''), or both chromium and chromium oxides (``tin free steel''), 
whether or not painted, varnished or coated with plastics or other 
non-metallic substances in addition to the metallic coating;
     Clad products in straight lengths of 4.7625 mm or more 
in composite thickness and of a width which exceeds 150 mm and 
measures at least twice the thickness; and
     Certain clad stainless flat-rolled products, which are 
three-layered corrosion-resistant flat-rolled steel products less 
than 4.75 mm in composite thickness that consist of a flat-rolled 
steel product clad on both sides with stainless steel in a 20%-60%-
20% ratio.
    The products subject to the investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7210.30.0030, 7210.30.0060, 
7210.41.0000, 7210.49.0030, 7210.49.0091, 7210.49.0095, 
7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 
7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000, 
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 
7212.40.1000, 7212.40.5000, 7212.50.0000, and 7212.60.0000.
    The products subject to the investigation may also enter under 
the following HTSUS item numbers: 7210.90.1000, 7215.90.1000, 
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 
7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 
7217.90.5090, 7225.91.0000, 7225.92.0000, 7225.99.0090, 
7226.99.0110, 7226.99.0130, 7226.99.0180, 7228.60.6000, 
7228.60.8000, and 7229.90.1000.
    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
investigation is dispositive.

[FR Doc. 2015-28452 Filed 11-5-15; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices 68839 review. We intend to instruct CBP to Dated: October 30, 2015. investigation in accordance with section liquidate relevant entries from the PRC- Paul Piquado, 701 of the Tariff Act of 1930, as wide entity (including Kangfa) at the Assistant Secretary for Enforcement and amended (the ‘‘Act’’). For a full current rate for the PRC-wide entity (i.e., Compliance. description of the methodology 308.33 percent). For the companies Appendix I—List of Topics Discussed in underlying our preliminary conclusions, identified above that were found to have the Preliminary Decision Memorandum see the Preliminary Decision Memo.1 A made no shipments during the POR, we list of topics discussed in the 1. Summary Preliminary Decision Memorandum is intend to instruct CBP to liquidate any 2. Background suspended entries that entered under included as Appendix I to this notice. 3. Respondent Selection that exporter’s case number (i.e., at that The Preliminary Decision Memo is a 4. Scope of the Order exporter’s rate) at the PRC-wide rate.21 5. Preliminary Determination of No public document and is on file Shipments electronically in the Central Records Cash Deposit Requirements 6. Partial Rescission Unit, room B8024 of the main 7. Non-Market Economy Country Status Department of Commerce building, as The following cash deposit 8. Separate Rates Determination well as electronically via Enforcement requirements, when imposed, will apply 9. Companies That Did Not Establish Their and Compliance’s Antidumping and to all shipments of subject merchandise Eligibility for a Separate Rate Countervailing Duty Centralized entered, or withdrawn from warehouse, 10. Conclusion Electronic Service System (‘‘ACCESS’’). for consumption on or after the [FR Doc. 2015–28340 Filed 11–5–15; 8:45 am] ACCESS is available to registered users publication of the final results of this BILLING CODE 3510–DS–P at https://access.trade.gov and it is administrative review, as provided by available to all parties in the CRU. In section 751(a)(2)(C) of the Act: (1) For addition, parties can directly access a any previously reviewed or investigated DEPARTMENT OF COMMERCE complete version of the Preliminary PRC and non-PRC exporter not listed International Trade Administration Decision Memo on the internet at above that received a separate rate in a http://enforcement.trade.gov/frn/ previous segment of this proceeding, the [C–475–833] index.html. The signed Preliminary cash deposit rate will continue to be the Decision Memo and the electronic Countervailing Duty Investigation of versions of the Preliminary Decision existing exporter-specific rate; (2) for all Certain Corrosion-Resistant Steel PRC exporters that have not been found Memo are identical in content. Products From Italy: Preliminary to be entitled to a separate rate, the cash Affirmative Determination Adverse Facts Available deposit rate will be that for the PRC- AGENCY: Enforcement and Compliance, Section 776(a) of the Act provides wide entity (i.e., 308.33 percent); and (3) International Trade Administration, that, subject to section 782(d) of the Act, for all non-PRC exporters of subject Department of Commerce. the Department shall apply ‘‘facts merchandise which have not received otherwise available’’ if: (1) Necessary their own rate, the cash deposit rate will SUMMARY: The Department of Commerce (the ‘‘Department’’) preliminarily information is not on the record; or (2) be the rate applicable to the PRC an interested party or any other person exporter that supplied the non-PRC determines that countervailable subsidies are being provided to (A) withholds information that has been exporter. These cash deposit requested, (B) fails to provide requirements, when imposed, shall producers and exporters of certain corrosion-resistant steel products information within the deadlines remain in effect until further notice. established, or in the form and manner (‘‘corrosion-resistant steel’’) from Italy. Notification to Importers The period of investigation is January 1, requested by the Department, subject to 2014, through December 31, 2014. We subsections (c)(1) and (e) of section 782 This notice serves as a preliminary invite interested parties to comment on of the Act, (C) significantly impedes a reminder to importers of their this preliminary determination. proceeding, or (D) provides information responsibility under 19 CFR that cannot be verified as provided by DATES: Effective November 6, 2015. 351.402(f)(2) to file a certificate section 782(i) of the Act. Furthermore, FOR FURTHER INFORMATION CONTACT: Bob regarding the reimbursement of section 776(b) of the Act provides that Palmer, Irene Gorelik, and Katie the Department may use an adverse antidumping duties prior to liquidation Marksberry, AD/CVD Operations, Office of the relevant entries during this inference in applying the facts V, Enforcement and Compliance, otherwise available when a party fails to review period. Failure to comply with International Trade Administration, this requirement could result in the cooperate by not acting to the best of its U.S. Department of Commerce, 14th ability to comply with a request for Secretary’s presumption that Street and Constitution Avenue NW., information. reimbursement of antidumping duties Washington, DC 20230; telephone In this case, the Department twice occurred and the subsequent assessment 202.482.9068, 202.482.6905, and requested information with respect to of double antidumping duties. We are 202.482.7906, respectively. the Industrial Development Grants issuing and publishing these SUPPLEMENTARY INFORMATION: Under Law 488/92, Technological preliminary results in accordance with Innovation Grants and Loans Under Scope of the Investigation sections 751(a)(1) and 777(i)(1) of the Law 46/82, and Certain Social Security Act. The products covered by this mstockstill on DSK4VPTVN1PROD with NOTICES investigation are corrosion-resistant 1 See Memorandum from Christian Marsh, Deputy steel products from Italy. For a complete Assistant Secretary for Antidumping and description of the scope of this Countervailing Duty Operations, to Paul Piquado, investigation, see Appendix II. Assistant Secretary for Enforcement and Compliance, ‘‘Countervailing Duty Investigation of 21 See Methodology Certain Corrosion-Resistant Steel Products from Non-Market Economy Antidumping Italy: Decision Memorandum for the Preliminary Proceedings: Assessment of Antidumping Duties, 76 The Department is conducting this Determination,’’ dated concurrently with this notice FR 65694 (October 24, 2011). countervailing duty (‘‘CVD’’) (‘‘Preliminary Decision Memo’’). VerDate Sep<11>2014 17:21 Nov 05, 2015 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1

68840 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices Reductions and Exemptions (``Sgravi'' Subsidy rate amounts indicated above. Further, Company Benefits) from the Government of Italy. (percent) because we reached a negative The Government of Italy withheld preliminary countervailing duty necessary information with respect to Acciaieria Arvedi S.p.A., 0.38 (de mini- determination for the Arvedi Group and Finarvedi S.p.A., Arvedi mis). the Marcegaglia Group, we will not each of these programs, failed to provide Tubi Acciaio S.p.A., Euro- information in the form and manner Trade S.p.A., and instruct CBP to suspend liquidation of requested, and did not provide Siderurgica Triestina Srl., entries for these companies. requested information by the deadlines collectively, the Arvedi In accordance with sections 703(d) for submission of the information, as Group. and 705(c)(5)(A) of the Act, for explained in more detail in the Marcegaglia S.p.A. and 0.04 (de mini- companies not individually Preliminary Decision Memo. Marfin S.p.A., the mis). investigated, we apply an ‘‘all-others’’ Furthermore, the Department has Marcegaglia Group. rate, which is normally calculated by Ilva S.p.A. .............................. 38.41. weighting the subsidy rates of the concluded that the Government of Italy All Others .............................. 13.06. did not cooperate to the best of its individual companies selected as ability in providing the requested In accordance with section 703(d)(2) mandatory respondents by those information. Accordingly, pursuant to of the Act, we will direct U.S. Customs companies’ exports of the subject sections 776(a) and (b) of the Act, we and Border Protection (CBP) to suspend merchandise to the United States. Under have preliminarily determined that for liquidation of all entries of corrosion- section 705(c)(5)(i) of the Act, the all- each of these programs, the application resistant from Italy as described in the others rate excludes zero and de of adverse facts available is warranted. scope of the investigation section minimis rates calculated for the For the Industrial Development Grants entered, or withdrawn from warehouse, exporters and producers individually Under Law 488/92 and Technological for consumption on or after the date of investigated as well as rates based Innovation Grants and Loans Under publication of this notice in the Federal entirely on facts otherwise available. Law 46/82 programs, we have Register, except for the Arvedi Group Where the rates for the individually preliminarily determined as adverse and the Marcegaglia Group, as described investigated companies are all zero or facts available that these programs are below. Section 703(e)(2) of the Act de minimis, or determined entirely de facto specific, in accordance with provides that, given an affirmative using facts otherwise available, section section 771(5A)(D)(iii) of the Act. For determination of critical circumstances, 705(c)(5)(A)(ii) of the Act instructs the the Sgravi Benefits, we have any suspension of liquidation shall Department to establish an all-others preliminarily determined that the apply to unliquidated entries of rate using ‘‘any reasonable method.’’ reduced tax revenue due to the merchandise entered, or withdrawn Where the countervailable subsidy rates Government of Italy under these from warehouse, for consumption on or for all of the individually investigated provisions constitute financial after the later of (a) the date which is 90 respondents are zero or de minimis or contributions within the meaning of days before the date on which the are based on AFA, the Department’s section 771(5)(D)(ii) of the Act as suspension of liquidation was first practice, pursuant to 705(c)(5)(A)(ii), is revenue forgone. We have also ordered, or (b) the date on which notice to calculate the all others rate based on preliminarily determined that revenue of initiation of the investigation was a simple average of the zero or de forgone under these provisions is either published. On October 29, 2015, we minimis margins and the margins based de facto specific, in accordance with preliminarily found that critical on AFA. Notwithstanding the language section 771(5A)(D)(ii) of the Act, or circumstances exist for imports of section 705(c)(5)(A)(i) of the Act, we regionally specific, in accordance with produced or exported by Ilva S.p.A.2 have not calculated the ‘‘all-others’’ rate section 771(5A)(D)(iv) of the Act. For Ilva S.p.A., in accordance with by weight averaging the rates of the two section 703(e)(2)(A) of the Act, individually investigated respondents In addition, one company selected as plus the margin based on AFA, because a mandatory respondent, Ilva S.p.A., did suspension of liquidation of corrosion- resistant steel from Italy, as described in Ilva failed to report volume data that not respond to the Department’s would enable the Department to questionnaires or participate in the the ‘‘Scope of the Investigation’’ section, shall apply to unliquidated entries of determine the all-others rate based on a investigation. Accordingly, as adverse weighted-average. Therefore, and facts available, pursuant to sections merchandise entered, or withdrawn from warehouse, for consumption on or consistent with the Department’s 776(a) and (b), we have preliminarily practice, for the ‘‘all-others’’ rate, we determined that Ilva benefitted from after the date which is 90 days before the publication of this notice, the date calculated a simple average of the two certain countervailable programs during responding firms’ rates and the AFA the POI and calculated a rate for Ilva suspension of liquidation is first ordered. Because we preliminarily rate for the non-responsive company.3 based on those programs. For further information, see ‘‘Use of Facts found critical circumstances do not Verification Otherwise Available and Adverse exist for all other producers and As provided in section 782(i)(1) of the Inferences’’ in the Preliminary Decision exporters, we will begin suspension of Act, we intend to verify the information liquidation for such firms on the date of Memo. submitted by the respondents prior to publication of this notice in the Federal making our final determination. Preliminary Determination and Register. Pursuant to 19 CFR 351.205(d), Suspension of Liquidation the Department will instruct CBP to 3 See, e.g., Countervailing Duty Investigation of mstockstill on DSK4VPTVN1PROD with NOTICES require a cash deposit equal to the Chlorinated Isocyanurates from the People's In accordance with section Republic of China: Preliminary Determination and 703(d)(1)(A)(i) of the Act, we calculated 2 See Antidumping and Countervailing Duty Alignment of Final Determination With Final an individual rate for each producer/ Investigations of Corrosion-Resistant Steel Products Antidumping Determination, 79 FR 10097 exporter of the subject merchandise from India, Italy, the People's Republic of China, (February 24, 2014); see also, Non-Oriented the Republic of Korea, and Taiwan: Preliminary Electrical Steel From Taiwan: Final Affirmative individually investigated. We Determinations of Critical Circumstances, 80 Countervailing Duty Determination, 79 FR 61602 preliminarily determine the FR _____ (November ___, 2015) (signed October 29, (October 14, 2014) and accompanying IDM at VIII. countervailable subsidy rates to be: 2015). Calculation of the All Others Rate. VerDate Sep<11>2014 17:21 Nov 05, 2015 Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1

Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices 68841 International Trade Commission Appendix II steels and high strength low alloy (HSLA) Notification steels. If steels are recognized as low carbon The products covered by this investigation steels with micro-alloying levels of elements In accordance with section 703(f) of are certain flat-rolled steel products, either clad, plated, or coated with corrosion- such as titanium and/or niobium added to the Act, we will notify the International resistant metals such as zinc, aluminum, or stabilize carbon and nitrogen elements. Trade Commission (‘‘ITC’’) of our zinc-, aluminum-, nickel- or iron-based HSLA steels are recognized as steels with determination. In addition, we are alloys, whether or not corrugated or painted, micro-alloying levels of elements such as making available to the ITC all non- varnished, laminated, or coated with plastics chromium, copper, niobium, titanium, privileged and non-proprietary or other non-metallic substances in addition vanadium, and molybdenum. information relating to this to the metallic coating. The products covered Furthermore, this scope also includes investigation. We will allow the ITC include coils that have a width of 12.7 mm Advanced High Strength Steels (AHSS) and access to all privileged and business or greater, regardless of form of coil (e.g., in Ultra High Strength Steels (UHSS), both of successively superimposed layers, spirally proprietary information in our files, oscillating, etc.). The products covered also which are considered high tensile strength provided the ITC confirms that it will include products not in coils (e.g., in straight and high elongation steels. not disclose such information, either lengths) of a thickness less than 4.75 mm and All products that meet the written physical publicly or under an administrative a width that is 12.7 mm or greater and that description, and in which the chemistry protective order, without the written measures at least 10 times the thickness. The quantities do not exceed any one of the noted consent of the Assistant Secretary for products covered also include products not element levels listed above, are within the Enforcement and Compliance. in coils (e.g., in straight lengths) of a scope of this investigation unless specifically thickness of 4.75 mm or more and a width excluded. The following products are outside In accordance with section 705(b)(2) exceeding 150 mm and measuring at least of and/or specifically excluded from the of the Act, if our final determination is twice the thickness. The products described scope of this investigation: affirmative, the ITC will make its final above may be rectangular, square, circular, or • Flat-rolled steel products either plated or determination within 45 days after the other shape and include products of either rectangular or non-rectangular cross-section coated with tin, lead, chromium, chromium Department makes its final where such cross-section is achieved oxides, both tin and lead (‘‘terne plate’’), or determination. subsequent to the rolling process, i.e., both chromium and chromium oxides (‘‘tin Disclosure and Public Comment products which have been ‘‘worked after free steel’’), whether or not painted, rolling’’ (e.g., products which have been varnished or coated with plastics or other The Department intends to disclose to beveled or rounded at the edges). For non-metallic substances in addition to the interested parties the calculations purposes of the width and thickness metallic coating; performed in connection with this requirements referenced above: • Clad products in straight lengths of preliminary determination within five (1) Where the nominal and actual 4.7625 mm or more in composite thickness days of its public announcement.4 measurements vary, a product is within the and of a width which exceeds 150 mm and Interested parties may submit case and scope if application of either the nominal or actual measurement would place it within measures at least twice the thickness; and rebuttal briefs,5 and request a hearing.6 the scope based on the definitions set forth • Certain clad stainless flat-rolled For a schedule of the deadlines for filing above, and products, which are three-layered corrosion- case briefs, rebuttal briefs, and hearing (2) where the width and thickness vary for resistant flat-rolled steel products less than requests, see the Preliminary Decision a specific product (e.g., the thickness of 4.75 mm in composite thickness that consist Memorandum. certain products with non-rectangular cross- of a flat-rolled steel product clad on both This determination is issued and section, the width of certain products with sides with stainless steel in a 20%–60%– non-rectangular shape, etc.), the 20% ratio. published pursuant to sections 703(f) measurement at its greatest width or The products subject to the investigation and 777(i) of the Act and 19 CFR thickness applies. 351.205(c). are currently classified in the Harmonized Steel products included in the scope of this Tariff Schedule of the United States (HTSUS) Dated: November 2, 2015. investigation are products in which: (1) Iron predominates, by weight, over each of the under item numbers: 7210.30.0030, Paul Piquado, 7210.30.0060, 7210.41.0000, 7210.49.0030, other contained elements; (2) the carbon Assistant Secretary for Enforcement and content is 2 percent or less, by weight; and 7210.49.0091, 7210.49.0095, 7210.61.0000, Compliance. (3) none of the elements listed below exceeds 7210.69.0000, 7210.70.6030, 7210.70.6060, Appendix I the quantity, by weight, respectively 7210.70.6090, 7210.90.6000, 7210.90.9000, indicated: 7212.20.0000, 7212.30.1030, 7212.30.1090, List of Topics Discussed in the Preliminary • 2.50 percent of manganese, or 7212.30.3000, 7212.30.5000, 7212.40.1000, Decision Memo • 3.30 percent of silicon, or 7212.40.5000, 7212.50.0000, and I. Summary • 1.50 percent of copper, or 7212.60.0000. II. Background • 1.50 percent of aluminum, or The products subject to the investigation III. Scope Comments • 1.25 percent of chromium, or may also enter under the following HTSUS IV. Scope of the Investigation • 0.30 percent of cobalt, or item numbers: 7210.90.1000, 7215.90.1000, V. Preliminary Determination of Critical • 0.40 percent of lead, or 7215.90.3000, 7215.90.5000, 7217.20.1500, Circumstances • 2.00 percent of nickel, or 7217.30.1530, 7217.30.1560, 7217.90.1000, VI. Injury Test • 0.30 percent of tungsten (also called VII. Use of Facts Otherwise Available and wolfram), or 7217.90.5030, 7217.90.5060, 7217.90.5090, Adverse Inferences • 0.80 percent of molybdenum, or 7225.91.0000, 7225.92.0000, 7225.99.0090, VIII. Subsidies Valuation • 0.10 percent of niobium (also called 7226.99.0110, 7226.99.0130, 7226.99.0180, IX. Benchmarks and Discount Rates columbium), or 7228.60.6000, 7228.60.8000, and mstockstill on DSK4VPTVN1PROD with NOTICES X. Analysis of Programs • 0.30 percent of vanadium, or 7229.90.1000. XI. Calculation of All Others Rate • 0.30 percent of zirconium The HTSUS subheadings above are XII. Disclosure and Public Comment Unless specifically excluded, products are provided for convenience and customs XIII. Conclusion included in this scope regardless of levels of purposes only. The written description of the boron and titanium. scope of the investigation is dispositive. 4 See 19 CFR 351.224(b). For example, specifically included in this [FR Doc. 2015–28452 Filed 11–5–15; 8:45 am] 5 See 19 CFR 351.309(c) and (d). scope are vacuum degassed, fully stabilized BILLING CODE 3510–DS–P 6 See 19 CFR 351.510. (commonly referred to as interstitial-free (IF)) VerDate Sep<11>2014 17:21 Nov 05, 2015 Jkt 238001 PO 00000 Frm 00008 Fmt 4703 Sfmt 9990 E:\FR\FM\06NON1.SGM 06NON1


Document Created: 2015-12-14 15:09:23
Document Modified: 2015-12-14 15:09:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective November 6, 2015.
ContactBob Palmer, Irene Gorelik, and Katie Marksberry, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202.482.9068, 202.482.6905, and 202.482.7906, respectively.
FR Citation80 FR 68839 
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