80_FR_69058 80 FR 68843 - Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products From the People's Republic of China: Preliminary Affirmative Determination

80 FR 68843 - Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products From the People's Republic of China: Preliminary Affirmative Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range68843-68845
FR Document2015-28453

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 the People's Republic of China (PRC). 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 68843-68845]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28453]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-027]


Countervailing Duty Investigation of Certain Corrosion-Resistant 
Steel Products From the People's Republic of China: 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 the People's Republic of China (PRC). 
The period of investigation is January 1, 2014, through December 31, 
2014. We

[[Page 68844]]

invite interested parties to comment on this preliminary determination.

DATES: Effective date: November 6, 2015.

FOR FURTHER INFORMATION CONTACT: Emily Halle, David Lindgren, or 
Spencer Toubia, AD/CVD Operations, Office VII, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone (202) 482-0176, (202) 482-3870, or (202) 482-0123, 
respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The products covered by this investigation are corrosion-resistant 
steel products from the PRC. 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 each of the subsidy programs found 
countervailable, we preliminarily determine that there is a subsidy, 
i.e., a financial contribution by an ``authority'' that gives rise to a 
benefit to the recipient, and that the subsidy is specific.\1\ For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum.\2\ A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Preliminary Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic version are 
identical in content.
---------------------------------------------------------------------------

    \1\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Countervailing Duty Determination in the Countervailing 
Duty Investigation of Certain Corrosion-Resistant Steel Products 
from the People's Republic of China,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

    The Department notes that, in making these findings, we relied, in 
part, on facts available and, because we find that one or more 
respondents did not act to the best of their ability to respond to the 
Department's requests for information, we drew an adverse inference 
where appropriate in selecting from among the facts otherwise 
available.\3\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \3\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated an individual estimated countervailable subsidy rate for 
YPC.\4\ Additionally, 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 weight 
averaging the subsidy rates of the companies selected for individual 
investigation by those companies' exports of the subject merchandise to 
the United States. However, under section 705(c)(5)(A)(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. Therefore, we have 
excluded the rates based entirely on facts otherwise available assigned 
to Angang Group Hong Kong Company Ltd. (Angang), Baoshan Iron & Steel 
Co., Ltd. (Baoshan), Duferco S.A. (Duferco), Changshu Everbright 
Material Technology (Everbright), and Handan Iron & Steel Group 
(Handan) from the all-others rate. Because the only individually 
calculated rate that is not zero, de minimis, or based on facts 
otherwise available is the rate calculated for YPC, in accordance with 
section 705(c)(5)(A)(i) of the Act, the rate calculated for YPC is 
preliminarily assigned as the ``all-others'' rate. The preliminary 
estimated countervailable subsidy rates are summarized in the table 
below.
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    \4\ The cooperating, individually-investigated exporter/producer 
is Yieh Phui (China) Technomaterial Co., Ltd. (YPC).

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Yieh Phui (China) Technomaterial Co., Ltd...................       26.26
Angang Group Hong Kong Company Ltd..........................      235.66
Baoshan Iron & Steel Co., Ltd...............................      235.66
Duferco S.A., Hebei Iron & Steel Group, and Tangshan Iron         235.66
 and Steel Group Co., Ltd...................................
Changshu Everbright Material Technology.....................      235.66
Handan Iron & Steel Group...................................      235.66
All-Others..................................................       26.26
------------------------------------------------------------------------

    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 steel from the PRC as described in the 
``Scope of the Investigation'' entered, or withdrawn from warehouse, 
for consumption on or after 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 rests 
indicated above. 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 Angang, Baoshan, Duferco, Everbright, and 
Handan.\5\ Accordingly, for these companies, in accordance with section 
703(e)(2)(A) of the Act, suspension of liquidation of corrosion-
resistant steel from the PRC, as described in the ``Scope of the 
Investigation,'' 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 find critical 
circumstances do not exist for YPC and 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.
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    \5\ 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 
Determination of Critical Circumstances,'' (signed October 29, 
2015).

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[[Page 68845]]

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.

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.\6\ 
Interested parties may submit case and rebuttal briefs, as well as 
request a hearing.\7\ For a schedule of the deadlines for filing case 
briefs, rebuttal briefs, and hearing requests, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
---------------------------------------------------------------------------

    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 
Memorandum

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

Appendix II--Scope of the Investigation

    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. 2015-28453 Filed 11-5-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices                                                 68843

                                                  protective order, without the written                     thickness of 4.75 mm or more and a width                 • Flat-rolled steel products either plated or
                                                  consent of the Assistant Secretary for                    exceeding 150 mm and measuring at least               coated with tin, lead, chromium, chromium
                                                  Enforcement and Compliance.                               twice the thickness. The products described           oxides, both tin and lead (‘‘terne plate’’), or
                                                                                                            above may be rectangular, square, circular, or        both chromium and chromium oxides (‘‘tin
                                                     In accordance with section 705(b)(2)
                                                                                                            other shape and include products of either            free steel’’), whether or not painted,
                                                  of the Act, if our final determination is                 rectangular or non-rectangular cross-section          varnished or coated with plastics or other
                                                  affirmative, the ITC will make its final                  where such cross-section is achieved                  non-metallic substances in addition to the
                                                  determination within 45 days after the                    subsequent to the rolling process, i.e.,              metallic coating;
                                                  Department makes its final                                products which have been ‘‘worked after                  • Clad products in straight lengths of
                                                  determination.                                            rolling’’ (e.g., products which have been             4.7625 mm or more in composite thickness
                                                                                                            beveled or rounded at the edges). For                 and of a width which exceeds 150 mm and
                                                  Disclosure and Public Comment                             purposes of the width and thickness                   measures at least twice the thickness; and
                                                    The Department intends to disclose to                   requirements referenced above:                           • Certain clad stainless flat-rolled
                                                                                                               (1) Where the nominal and actual                   products, which are three-layered corrosion-
                                                  interested parties the calculations                       measurements vary, a product is within the
                                                  performed in connection with this                                                                               resistant flat-rolled steel products less than
                                                                                                            scope if application of either the nominal or         4.75 mm in composite thickness that consist
                                                  preliminary determination within five                     actual measurement would place it within              of a flat-rolled steel product clad on both
                                                  days of its public announcement.2                         the scope based on the definitions set forth          sides with stainless steel in a 20%–60%–
                                                  Interested parties may submit case and                    above, and                                            20% ratio.
                                                  rebuttal briefs, as well as request a                        (2) where the width and thickness vary for            The products subject to the investigation
                                                  hearing.3 For a schedule of the                           a specific product (e.g., the thickness of            are currently classified in the Harmonized
                                                                                                            certain products with non-rectangular cross-
                                                  deadlines for filing case briefs, rebuttal                                                                      Tariff Schedule of the United States (HTSUS)
                                                                                                            section, the width of certain products with
                                                  briefs, and hearing requests, see the                                                                           under item numbers: 7210.30.0030,
                                                                                                            non-rectangular shape, etc.), the
                                                  Preliminary Decision Memorandum.                                                                                7210.30.0060, 7210.41.0000, 7210.49.0030,
                                                                                                            measurement at its greatest width or
                                                    This determination is issued and                                                                              7210.49.0091, 7210.49.0095, 7210.61.0000,
                                                                                                            thickness applies.
                                                  published pursuant to sections 703(f)                        Steel products included in the scope of this       7210.69.0000, 7210.70.6030, 7210.70.6060,
                                                                                                            investigation are products in which: (1) Iron         7210.70.6090, 7210.90.6000, 7210.90.9000,
                                                  and 777(i) of the Act and 19 CFR                                                                                7212.20.0000, 7212.30.1030, 7212.30.1090,
                                                  351.205(c).                                               predominates, by weight, over each of the
                                                                                                            other contained elements; (2) the carbon              7212.30.3000, 7212.30.5000, 7212.40.1000,
                                                    Dated: November 2, 2015.                                content is 2 percent or less, by weight; and          7212.40.5000, 7212.50.0000, and
                                                  Paul Piquado,                                             (3) none of the elements listed below exceeds         7212.60.0000.
                                                                                                            the quantity, by weight, respectively                    The products subject to the investigation
                                                  Assistant Secretary for Enforcement and
                                                                                                            indicated:                                            may also enter under the following HTSUS
                                                  Compliance.
                                                                                                                                                                  item numbers: 7210.90.1000, 7215.90.1000,
                                                                                                            • 2.50 percent of manganese, or
                                                  Appendix I                                                                                                      7215.90.3000, 7215.90.5000, 7217.20.1500,
                                                                                                            • 3.30 percent of silicon, or
                                                                                                            • 1.50 percent of copper, or                          7217.30.1530, 7217.30.1560, 7217.90.1000,
                                                  List of Topics Discussed in the Preliminary                                                                     7217.90.5030, 7217.90.5060, 7217.90.5090,
                                                  Decision Memorandum                                       • 1.50 percent of aluminum, or
                                                                                                            • 1.25 percent of chromium, or                        7225.91.0000, 7225.92.0000, 7225.99.0090,
                                                  I. Summary                                                • 0.30 percent of cobalt, or                          7226.99.0110, 7226.99.0130, 7226.99.0180,
                                                  II. Background                                            • 0.40 percent of lead, or                            7228.60.6000, 7228.60.8000, and
                                                  III. Scope Comments                                       • 2.00 percent of nickel, or                          7229.90.1000.
                                                  IV. Scope of the Investigation                            • 0.30 percent of tungsten (also called                  The HTSUS subheadings above are
                                                  V. Preliminary Determination of Critical                     wolfram), or                                       provided for convenience and customs
                                                        Circumstances                                       • 0.80 percent of molybdenum, or                      purposes only. The written description of the
                                                  VI. Injury Test                                           • 0.10 percent of niobium (also called                scope of the investigation is dispositive.
                                                  VII. Subsidies Valuation                                     columbium), or                                     [FR Doc. 2015–28454 Filed 11–5–15; 8:45 am]
                                                  VIII. Benchmarks and Discount Rates                       • 0.30 percent of vanadium, or                        BILLING CODE 3510–DS–P
                                                  IX. Analysis of Programs                                  • 0.30 percent of zirconium
                                                  X. Disclosure and Public Comment                             Unless specifically excluded, products are
                                                  XI. Conclusion                                            included in this scope regardless of levels of        DEPARTMENT OF COMMERCE
                                                  Appendix II                                               boron and titanium.
                                                                                                               For example, specifically included in this         International Trade Administration
                                                  Scope of the Investigation                                scope are vacuum degassed, fully stabilized
                                                     The products covered by this investigation             (commonly referred to as interstitial-free (IF))      [C–570–027]
                                                  are certain flat-rolled steel products, either            steels and high strength low alloy (HSLA)
                                                  clad, plated, or coated with corrosion-                   steels. IF steels are recognized as low carbon        Countervailing Duty Investigation of
                                                  resistant metals such as zinc, aluminum, or               steels with micro-alloying levels of elements         Certain Corrosion-Resistant Steel
                                                                                                            such as titanium and/or niobium added to              Products From the People’s Republic
                                                  zinc-, aluminum-, nickel- or iron-based
                                                                                                            stabilize carbon and nitrogen elements.               of China: Preliminary Affirmative
                                                  alloys, whether or not corrugated or painted,
                                                                                                            HSLA steels are recognized as steels with
                                                  varnished, laminated, or coated with plastics
                                                                                                            micro-alloying levels of elements such as
                                                                                                                                                                  Determination
                                                  or other non-metallic substances in addition
                                                                                                            chromium, copper, niobium, titanium,                  AGENCY:  Enforcement and Compliance,
                                                  to the metallic coating. The products covered             vanadium, and molybdenum.
                                                  include coils that have a width of 12.7 mm                                                                      International Trade Administration,
                                                                                                               Furthermore, this scope also includes
                                                  or greater, regardless of form of coil (e.g., in          Advanced High Strength Steels (AHSS) and
                                                                                                                                                                  Department of Commerce.
                                                  successively superimposed layers, spirally                Ultra High Strength Steels (UHSS), both of            SUMMARY: The Department of Commerce
                                                  oscillating, etc.). The products covered also             which are considered high tensile strength            (the Department) preliminarily
                                                  include products not in coils (e.g., in straight
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                            and high elongation steels.                           determines that countervailable
                                                  lengths) of a thickness less than 4.75 mm and                All products that meet the written physical        subsidies are being provided to
                                                  a width that is 12.7 mm or greater and that               description, and in which the chemistry
                                                  measures at least 10 times the thickness. The                                                                   producers and exporters of certain
                                                                                                            quantities do not exceed any one of the noted
                                                  products covered also include products not                                                                      corrosion-resistant steel products
                                                                                                            element levels listed above, are within the
                                                  in coils (e.g., in straight lengths) of a                 scope of this investigation unless specifically       (corrosion-resistant steel) from the
                                                                                                            excluded. The following products are outside          People’s Republic of China (PRC). The
                                                    2 See   19 CFR 351.224(b).                              of and/or specifically excluded from the              period of investigation is January 1,
                                                    3 See   19 CFR 351.309(c)–(d), 19 CFR 351.310(c).       scope of this investigation:                          2014, through December 31, 2014. We


                                             VerDate Sep<11>2014     17:21 Nov 05, 2015   Jkt 238001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\06NON1.SGM   06NON1


                                                  68844                        Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices

                                                  invite interested parties to comment on                 the electronic version are identical in                                                                  Subsidy
                                                  this preliminary determination.                         content.                                                              Company                             rate
                                                                                                                                                                                                                  (percent)
                                                  DATES: Effective date: November 6,                        The Department notes that, in making
                                                  2015.                                                   these findings, we relied, in part, on                Angang Group Hong Kong Com-
                                                                                                          facts available and, because we find that               pany Ltd ..................................        235.66
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          one or more respondents did not act to                Baoshan Iron & Steel Co., Ltd ...                    235.66
                                                  Emily Halle, David Lindgren, or Spencer
                                                                                                          the best of their ability to respond to the           Duferco S.A., Hebei Iron & Steel
                                                  Toubia, AD/CVD Operations, Office VII,
                                                                                                          Department’s requests for information,                  Group, and Tangshan Iron
                                                  Enforcement and Compliance,
                                                                                                          we drew an adverse inference where                      and Steel Group Co., Ltd ........                  235.66
                                                  International Trade Administration,                                                                           Changshu Everbright Material
                                                                                                          appropriate in selecting from among the
                                                  U.S. Department of Commerce, 14th                                                                               Technology ..............................          235.66
                                                                                                          facts otherwise available.3 For further
                                                  Street and Constitution Avenue NW.,                                                                           Handan Iron & Steel Group ........                   235.66
                                                                                                          information, see ‘‘Use of Facts
                                                  Washington, DC 20230; telephone (202)                                                                         All-Others ....................................       26.26
                                                                                                          Otherwise Available and Adverse
                                                  482–0176, (202) 482–3870, or (202) 482–
                                                                                                          Inferences’’ in the Preliminary Decision
                                                  0123, respectively.
                                                                                                          Memorandum.                                              In accordance with section 703(d)(2)
                                                  SUPPLEMENTARY INFORMATION:                                                                                    of the Act, we will direct U.S. Customs
                                                                                                          Preliminary Determination and
                                                  Scope of the Investigation                              Suspension of Liquidation                             and Border Protection (CBP) to suspend
                                                                                                                                                                liquidation of all entries of corrosion-
                                                    The products covered by this                             In accordance with section                         resistant steel from the PRC as described
                                                  investigation are corrosion-resistant                   703(d)(1)(A)(i) of the Act, we calculated             in the ‘‘Scope of the Investigation’’
                                                  steel products from the PRC. For a                      an individual estimated countervailable               entered, or withdrawn from warehouse,
                                                  complete description of the scope of this               subsidy rate for YPC.4 Additionally, in               for consumption on or after the date of
                                                  investigation, see Appendix II.                         accordance with sections 703(d) and                   publication of this notice in the Federal
                                                  Methodology                                             705(c)(5)(A) of the Act, for companies                Register. Pursuant to 19 CFR 351.205(d),
                                                                                                          not individually investigated, we apply               the Department will instruct CBP to
                                                     The Department is conducting this                    an ‘‘all-others’’ rate, which is normally             require a cash deposit equal to the rests
                                                  countervailing duty (CVD) investigation                 calculated by weight averaging the                    indicated above. Section 703(e)(2) of the
                                                  in accordance with section 701 of the                   subsidy rates of the companies selected
                                                  Tariff Act of 1930, as amended (the Act).                                                                     Act provides that, given an affirmative
                                                                                                          for individual investigation by those                 determination of critical circumstances,
                                                  For each of the subsidy programs found                  companies’ exports of the subject
                                                  countervailable, we preliminarily                                                                             any suspension of liquidation shall
                                                                                                          merchandise to the United States.                     apply to unliquidated entries of
                                                  determine that there is a subsidy, i.e., a              However, under section 705(c)(5)(A)(i)
                                                  financial contribution by an ‘‘authority’’                                                                    merchandise entered, or withdrawn
                                                                                                          of the Act, the all-others rate excludes              from warehouse, for consumption on or
                                                  that gives rise to a benefit to the                     zero and de minimis rates calculated for
                                                  recipient, and that the subsidy is                                                                            after the later of (a) the date which is 90
                                                                                                          the exporters and producers                           days before the date on which the
                                                  specific.1 For a full description of the                individually investigated as well as
                                                  methodology underlying our                                                                                    suspension of liquidation was first
                                                                                                          rates based entirely on facts otherwise               ordered, or (b) the date on which notice
                                                  preliminary conclusions, see the                        available. Therefore, we have excluded
                                                  Preliminary Decision Memorandum.2 A                                                                           of initiation of the investigation was
                                                                                                          the rates based entirely on facts                     published. On October 29, 2015, we
                                                  list of topics discussed in the                         otherwise available assigned to Angang
                                                  Preliminary Decision Memorandum is                                                                            preliminarily found that critical
                                                                                                          Group Hong Kong Company Ltd.                          circumstances exist for imports
                                                  included as Appendix I to this notice.                  (Angang), Baoshan Iron & Steel Co., Ltd.
                                                  The Preliminary Decision Memorandum                                                                           produced or exported by Angang,
                                                                                                          (Baoshan), Duferco S.A. (Duferco),                    Baoshan, Duferco, Everbright, and
                                                  is a public document and is on file                     Changshu Everbright Material
                                                  electronically via Enforcement and                                                                            Handan.5 Accordingly, for these
                                                                                                          Technology (Everbright), and Handan
                                                  Compliance’s Antidumping and                                                                                  companies, in accordance with section
                                                                                                          Iron & Steel Group (Handan) from the
                                                  Countervailing Duty Centralized                                                                               703(e)(2)(A) of the Act, suspension of
                                                                                                          all-others rate. Because the only
                                                  Electronic Service System (ACCESS).                                                                           liquidation of corrosion-resistant steel
                                                                                                          individually calculated rate that is not
                                                  ACCESS is available to registered users                                                                       from the PRC, as described in the
                                                                                                          zero, de minimis, or based on facts
                                                  at http://access.trade.gov, and is                                                                            ‘‘Scope of the Investigation,’’ shall apply
                                                                                                          otherwise available is the rate calculated
                                                  available to all parties in the Central                                                                       to unliquidated entries of merchandise
                                                                                                          for YPC, in accordance with section
                                                  Records Unit, room B8024 of the main                                                                          entered, or withdrawn from warehouse,
                                                                                                          705(c)(5)(A)(i) of the Act, the rate
                                                  Department of Commerce building. In                                                                           for consumption on or after the date
                                                                                                          calculated for YPC is preliminarily
                                                  addition, a complete version of the                                                                           which is 90 days before the publication
                                                                                                          assigned as the ‘‘all-others’’ rate. The
                                                  Preliminary Decision Memorandum can                     preliminary estimated countervailable                 of this notice, the date suspension of
                                                  be accessed directly at http://                         subsidy rates are summarized in the                   liquidation is first ordered. Because we
                                                  enforcement.trade.gov/frn/. The signed                  table below.                                          find critical circumstances do not exist
                                                  Preliminary Decision Memorandum and                                                                           for YPC and for all-other producers and
                                                                                                                                                     Subsidy    exporters, we will begin suspension of
                                                    1 See sections 771(5)(B) and (D) of the Act                        Company                        rate      liquidation for such firms on the date of
                                                  regarding financial contribution; section 771(5)(E)                                               (percent)   publication of this notice in the Federal
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                                                  of the Act regarding benefit; and section 771(5A) of
                                                  the Act regarding specificity.
                                                                                                                                                                Register.
                                                                                                          Yieh Phui (China)
                                                    2 See Memorandum, ‘‘Decision Memorandum for
                                                                                                            Technomaterial Co., Ltd .........           26.26
                                                  the Preliminary Affirmative Countervailing Duty                                                                 5 See Antidumping and Countervailing Duty

                                                  Determination in the Countervailing Duty                                                                      Investigations of Corrosion-Resistant Steel Products
                                                                                                            3 Seesections 776(a) and (b) of the Act.
                                                  Investigation of Certain Corrosion-Resistant Steel                                                            from India, Italy, the People's Republic of China,
                                                  Products from the People’s Republic of China,’’           4 The cooperating, individually-investigated        the Republic of Korea, and Taiwan: Preliminary
                                                  dated concurrently with, and hereby adopted by,         exporter/producer is Yieh Phui (China)                Determination of Critical Circumstances,'' (signed
                                                  this notice (Preliminary Decision Memorandum).          Technomaterial Co., Ltd. (YPC).                       October 29, 2015).



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                                                                                 Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices                                                 68845

                                                  Verification                                              X. Benchmarks and Discount Rates                         Unless specifically excluded, products are
                                                                                                            XI. Analysis of Programs                              included in this scope regardless of levels of
                                                    As provided in section 782(i)(1) of the                 XII. Disclosure and Public Comment                    boron and titanium.
                                                  Act, we intend to verify the information                  XIII. Conclusion                                         For example, specifically included in this
                                                  submitted by the respondents prior to                                                                           scope are vacuum degassed, fully stabilized
                                                  making our final determination.                           Appendix II—Scope of the Investigation                (commonly referred to as interstitial-free (IF))
                                                                                                               The products covered by this investigation         steels and high strength low alloy (HSLA)
                                                  International Trade Commission                                                                                  steels. IF steels are recognized as low carbon
                                                  Notification                                              are certain flat-rolled steel products, either
                                                                                                            clad, plated, or coated with corrosion-               steels with micro-alloying levels of elements
                                                     In accordance with section 703(f) of                   resistant metals such as zinc, aluminum, or           such as titanium and/or niobium added to
                                                  the Act, we will notify the International                 zinc-, aluminum-, nickel- or iron-based               stabilize carbon and nitrogen elements.
                                                                                                            alloys, whether or not corrugated or painted,         HSLA steels are recognized as steels with
                                                  Trade Commission (ITC) of our
                                                                                                            varnished, laminated, or coated with plastics         micro-alloying levels of elements such as
                                                  determination. In addition, we are                                                                              chromium, copper, niobium, titanium,
                                                  making available to the ITC all non-                      or other non-metallic substances in addition
                                                                                                            to the metallic coating. The products covered         vanadium, and molybdenum.
                                                  privileged and non-proprietary                                                                                     Furthermore, this scope also includes
                                                                                                            include coils that have a width of 12.7 mm
                                                  information relating to this                                                                                    Advanced High Strength Steels (AHSS) and
                                                                                                            or greater, regardless of form of coil (e.g., in
                                                  investigation. We will allow the ITC                      successively superimposed layers, spirally            Ultra High Strength Steels (UHSS), both of
                                                  access to all privileged and business                     oscillating, etc.). The products covered also         which are considered high tensile strength
                                                  proprietary information in our files,                     include products not in coils (e.g., in straight      and high elongation steels.
                                                  provided the ITC confirms that it will                    lengths) of a thickness less than 4.75 mm and            All products that meet the written physical
                                                  not disclose such information, either                                                                           description, and in which the chemistry
                                                                                                            a width that is 12.7 mm or greater and that
                                                                                                                                                                  quantities do not exceed any one of the noted
                                                  publicly or under an administrative                       measures at least 10 times the thickness. The
                                                                                                                                                                  element levels listed above, are within the
                                                  protective order, without the written                     products covered also include products not
                                                                                                                                                                  scope of this investigation unless specifically
                                                  consent of the Assistant Secretary for                    in coils (e.g., in straight lengths) of a
                                                                                                                                                                  excluded. The following products are outside
                                                  Enforcement and Compliance.                               thickness of 4.75 mm or more and a width
                                                                                                                                                                  of and/or specifically excluded from the
                                                     In accordance with section 705(b)(2)                   exceeding 150 mm and measuring at least               scope of this investigation:
                                                  of the Act, if our final determination is                 twice the thickness. The products described              • Flat-rolled steel products either plated or
                                                                                                            above may be rectangular, square, circular, or        coated with tin, lead, chromium, chromium
                                                  affirmative, the ITC will make its final
                                                                                                            other shape and include products of either            oxides, both tin and lead (‘‘terne plate’’), or
                                                  determination within 45 days after the                    rectangular or non-rectangular cross-section
                                                  Department makes its final                                                                                      both chromium and chromium oxides (‘‘tin
                                                                                                            where such cross-section is achieved                  free steel’’), whether or not painted,
                                                  determination.                                            subsequent to the rolling process, i.e.,              varnished or coated with plastics or other
                                                  Disclosure and Public Comment                             products which have been ‘‘worked after               non-metallic substances in addition to the
                                                                                                            rolling’’ (e.g., products which have been             metallic coating;
                                                    The Department intends to disclose to                   beveled or rounded at the edges). For                    • Clad products in straight lengths of
                                                  interested parties the calculations                       purposes of the width and thickness                   4.7625 mm or more in composite thickness
                                                  performed in connection with this                         requirements referenced above:                        and of a width which exceeds 150 mm and
                                                  preliminary determination within five                        (1) Where the nominal and actual                   measures at least twice the thickness; and
                                                  days of its public announcement.6                         measurements vary, a product is within the               • Certain clad stainless flat-rolled
                                                  Interested parties may submit case and                    scope if application of either the nominal or         products, which are three-layered corrosion-
                                                  rebuttal briefs, as well as request a                     actual measurement would place it within              resistant flat-rolled steel products less than
                                                                                                            the scope based on the definitions set forth          4.75 mm in composite thickness that consist
                                                  hearing.7 For a schedule of the                           above, and                                            of a flat-rolled steel product clad on both
                                                  deadlines for filing case briefs, rebuttal                   (2) where the width and thickness vary for         sides with stainless steel in a 20%–60%–
                                                  briefs, and hearing requests, see the                     a specific product (e.g., the thickness of            20% ratio.
                                                  Preliminary Decision Memorandum.                          certain products with non-rectangular cross-             The products subject to the investigation
                                                    This determination is issued and                        section, the width of certain products with           are currently classified in the Harmonized
                                                  published pursuant to sections 703(f)                     non-rectangular shape, etc.), the                     Tariff Schedule of the United States (HTSUS)
                                                  and 777(i) of the Act and 19 CFR                          measurement at its greatest width or                  under item numbers: 7210.30.0030,
                                                  351.205(c).                                               thickness applies.                                    7210.30.0060, 7210.41.0000, 7210.49.0030,
                                                                                                               Steel products included in the scope of this       7210.49.0091, 7210.49.0095, 7210.61.0000,
                                                    Dated: November 2, 2015.                                investigation are products in which: (1) Iron         7210.69.0000, 7210.70.6030, 7210.70.6060,
                                                  Paul Piquado,                                             predominates, by weight, over each of the             7210.70.6090, 7210.90.6000, 7210.90.9000,
                                                  Assistant Secretary for Enforcement and                   other contained elements; (2) the carbon              7212.20.0000, 7212.30.1030, 7212.30.1090,
                                                  Compliance.                                               content is 2 percent or less, by weight; and          7212.30.3000, 7212.30.5000, 7212.40.1000,
                                                                                                            (3) none of the elements listed below exceeds         7212.40.5000, 7212.50.0000, and
                                                  Appendix I—List of Topics Discussed in                    the quantity, by weight, respectively                 7212.60.0000.
                                                  the Preliminary Decision Memorandum                       indicated:                                               The products subject to the investigation
                                                                                                            • 2.50 percent of manganese, or                       may also enter under the following HTSUS
                                                  I. Summary
                                                                                                            • 3.30 percent of silicon, or                         item numbers: 7210.90.1000, 7215.90.1000,
                                                  II. Background
                                                                                                            • 1.50 percent of copper, or                          7215.90.3000, 7215.90.5000, 7217.20.1500,
                                                  III. Scope Comments
                                                                                                                                                                  7217.30.1530, 7217.30.1560, 7217.90.1000,
                                                  IV. Scope of the Investigation                            • 1.50 percent of aluminum, or
                                                                                                                                                                  7217.90.5030, 7217.90.5060, 7217.90.5090,
                                                  V. Preliminary Determination of Critical                  • 1.25 percent of chromium, or
                                                                                                                                                                  7225.91.0000, 7225.92.0000, 7225.99.0090,
                                                        Circumstances                                       • 0.30 percent of cobalt, or
                                                                                                                                                                  7226.99.0110, 7226.99.0130, 7226.99.0180,
                                                  VI. Injury Test                                           • 0.40 percent of lead, or
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                                                                                                                                                                  7228.60.6000, 7228.60.8000, and
                                                  VII. Application of the CVD Law to Imports                • 2.00 percent of nickel, or
                                                                                                                                                                  7229.90.1000.
                                                        from the PRC                                        • 0.30 percent of tungsten (also called
                                                                                                                                                                     The HTSUS subheadings above are
                                                  VIII. Use of Facts Otherwise Available and                     wolfram), or
                                                                                                                                                                  provided for convenience and customs
                                                        Adverse Inferences                                  • 0.80 percent of molybdenum, or
                                                                                                                                                                  purposes only. The written description of the
                                                  IX. Subsidies Valuation                                   • 0.10 percent of niobium (also called
                                                                                                                                                                  scope of the investigation is dispositive.
                                                                                                                 columbium), or
                                                    6 See   19 CFR 351.224(b).                              • 0.30 percent of vanadium, or                        [FR Doc. 2015–28453 Filed 11–5–15; 8:45 am]
                                                    7 See   19 CFR 351.309(c)–(d), 19 CFR 351.310(c).       • 0.30 percent of zirconium                           BILLING CODE 3510–DS–P




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Document Created: 2015-12-14 15:09:19
Document Modified: 2015-12-14 15:09:19
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
ContactEmily Halle, David Lindgren, or Spencer Toubia, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0176, (202) 482-3870, or (202) 482-0123, respectively.
FR Citation80 FR 68843 

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