80_FR_79807 80 FR 79562 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From India: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination

80 FR 79562 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From India: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 245 (December 22, 2015)

Page Range79562-79564
FR Document2015-32218

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers/exporters of certain cold-rolled steel flat products (cold- rolled steel) from India. 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 245 (Tuesday, December 22, 2015)
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Pages 79562-79564]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32218]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-866]


Countervailing Duty Investigation of Certain Cold-Rolled Steel 
Flat Products From India: Preliminary Affirmative Determination and 
Alignment of Final Determination With Final Antidumping Duty 
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/exporters of certain cold-rolled steel flat products (cold-
rolled steel) from India. The period of investigation is January 1, 
2014, through December 31, 2014. We invite interested parties to 
comment on this preliminary determination.

DATES: Effective Date: December 22, 2015.

FOR FURTHER INFORMATION CONTACT: Erin Kearney or Trisha Tran, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0167 
and (202) 482-4852, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The products covered by this investigation are cold-rolled steel 
flat products from India. 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 
https://access.trade.gov and it 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

[[Page 79563]]

Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum 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 from Christian Marsh, Deputy Assistance 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for the Preliminary Results of the 
Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat 
Products from India,'' dated concurrently with this notice 
(``Preliminary Decision Memorandum'').
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Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning 
the final CVD determination in this investigation with the final 
determination in the companion antidumping duty (AD) investigation of 
cold-rolled steel from India based on a request made by Petitioners.\3\ 
Consequently, the final CVD determination will be issued on the same 
date as the final AD determination, which is currently scheduled to be 
issued no later than May 8, 2016,\4\ unless postponed.
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    \3\ AK Steel Corporation, ArcelorMittal USA LLC, Nucor 
Corporation, Steel Dynamics Inc., and the United States Steel 
Corporation (collectively, Petitioners).
    \4\ The current deadline for the final AD determination, May 8, 
2016, is a Sunday. Pursuant to Department practice, the signature 
date will be the next business day, which is Monday, May 9, 2016. 
See Notice of Clarification: Application of ``Next Business Day'' 
Rule for Administrative Determination Deadlines Pursuant to the 
Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated a CVD rate for each individually investigated producer/
exporter of the subject merchandise. We preliminarily determine that 
countervailable subsides are being provided with respect to the 
manufacture, production, or exportation of the subject merchandise. We 
preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                               Subsidy
                          Company                                rate
                                                              (percent)
------------------------------------------------------------------------
JSW Steel Limited and JSW Steel Coated Products Limited....         4.45
All Others.................................................         4.45
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we 
are directing U.S. Customs and Border Protection to suspend liquidation 
of all entries of cold-rolled steel from India that are entered, or 
withdrawn from warehouse, for consumption on or after the date of the 
publication of this notice in the Federal Register, and to require a 
cash deposit for such entries of merchandise in the amounts indicated 
above.
    In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for 
companies not investigated, we apply an ``all-others'' rate, which is 
normally calculated by weighting the subsidy rates of the individual 
companies selected as respondents by those companies' exports of the 
subject merchandise to the United States. Under section 705(c)(5)(A)(i) 
of the Act, the all-others rate should exclude zero and de minimis 
rates calculated for the exporters and producers individually 
investigated. Because we individually investigated only one producer/
exporter, we have applied the rate calculated for that producer/
exporter as the ``all-others'' rate.

Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
the information submitted by the respondent 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.\5\ 
Interested parties may submit case briefs and rebuttal briefs, as well 
as request a hearing.\6\ For a schedule of the deadlines for filing 
case briefs, rebuttal briefs, and hearing requests, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).
    \6\ 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: December 15, 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. Alignment
VI. Injury Test
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Calculation of the All-Others Rate
X. ITC Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion

Appendix II

Scope of the Investigation

    The products covered by this investigation are certain cold-
rolled (cold-reduced), flat-rolled steel products, whether or not 
annealed, painted, varnished, or coated with plastics or other non-
metallic substances. The products covered do not include those that 
are clad, plated, or coated with metal. The products covered include 
coils that have a width or other lateral measurement (``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

[[Page 79564]]

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, high strength low alloy (HSLA) steels, motor 
lamination steels, Advanced High Strength Steels (AHSS), and Ultra 
High Strength Steels (UHSS). 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. Motor lamination steels contain micro-alloying levels of 
elements such as silicon and aluminum. AHSS and UHSS are considered 
high tensile strength and high elongation steels, although AHSS and 
UHSS are covered whether or not they are high tensile strength or 
high elongation steels.
    Subject merchandise includes cold-rolled steel that has been 
further processed in a third country, including but not limited to 
annealing, tempering, painting, varnishing, trimming, cutting, 
punching, and/or slitting, or any other processing that would not 
otherwise remove the merchandise from the scope of the investigation 
if performed in the country of manufacture of the cold-rolled steel.
    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:

 Ball bearing steels; \1\
---------------------------------------------------------------------------

    \1\ Ball bearing steels are defined as steels which contain, in 
addition to iron, each of the following elements by weight in the 
amount specified: (i) Not less than 0.95 nor more than 1.13 percent 
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of 
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) 
none, or not more than 0.03 percent of phosphorus; (v) not less than 
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 
nor more than 1.65 percent of chromium; (vii) none, or not more than 
0.28 percent of nickel; (viii) none, or not more than 0.38 percent 
of copper; and (ix) none, or not more than 0.09 percent of 
molybdenum.
---------------------------------------------------------------------------

 Tool steels; \2\
---------------------------------------------------------------------------

    \2\ Tool steels are defined as steels which contain the 
following combinations of elements in the quantity by weight 
respectively indicated: (i) More than 1.2 percent carbon and more 
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon 
and 1.25 percent or more but less than 10.5 percent chromium; or 
(iii) not less than 0.85 percent carbon and 1 percent to 1.8 
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, 
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, 
molybdenum; or (v) not less than 0.5 percent carbon and not less 
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent 
carbon and not less than 5.5 percent tungsten.
---------------------------------------------------------------------------

 Silico-manganese steel; \3\
---------------------------------------------------------------------------

    \3\ Silico-manganese steel is defined as steels containing by 
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or 
more but not more than 1.9 percent of manganese, and (iii) 0.6 
percent or more but not more than 2.3 percent of silicon.
---------------------------------------------------------------------------

 Grain-oriented electrical steels (GOES) as defined in the 
final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel From Germany, Japan, and Poland.\4\
---------------------------------------------------------------------------

    \4\ Grain-Oriented Electrical Steel From Germany, Japan, and 
Poland: Final Determinations of Sales at Less Than Fair Value and 
Certain Final Affirmative Determination of Critical Circumstances, 
79 FR 42,501, 42,503 (Dep't of Commerce, July 22, 2014). This 
determination defines grain-oriented electrical steel as ``a flat-
rolled alloy steel product containing by weight at least 0.6 percent 
but not more than 6 percent of silicon, not more than 0.08 percent 
of carbon, not more than 1.0 percent of aluminum, and no other 
element in an amount that would give the steel the characteristics 
of another alloy steel, in coils or in straight lengths.''
---------------------------------------------------------------------------

 Non-Oriented Electrical Steels (NOES), as defined in the 
antidumping orders issued by the U.S. Department of Commerce in Non-
Oriented Electrical Steel From the People's Republic of China, 
Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\5\
---------------------------------------------------------------------------

    \5\ Non-Oriented Electrical Steel From the People's Republic of 
China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan: 
Antidumping Duty Orders, 79 FR 71,741, 71,741-42 (Dep't of Commerce, 
Dec. 3, 2014). The orders define NOES as ``cold-rolled, flat-rolled, 
alloy steel products, whether or not in coils, regardless of width, 
having an actual thickness of 0.20 mm or more, in which the core 
loss is substantially equal in any direction of magnetization in the 
plane of the material. The term `substantially equal' means that the 
cross grain direction of core loss is no more than 1.5 times the 
straight grain direction (i.e., the rolling direction) of core loss. 
NOES has a magnetic permeability that does not exceed 1.65 Tesla 
when tested at a field of 800 A/m (equivalent to 10 Oersteds) along 
(i.e., parallel to) the rolling direction of the sheet (i.e., B800 
value). NOES contains by weight more than 1.00 percent of silicon 
but less than 3.5 percent of silicon, not more than 0.08 percent of 
carbon, and not more than 1.5 percent of aluminum. NOES has a 
surface oxide coating, to which an insulation coating may be 
applied.''

    The products subject to this investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7209.15.0000, 7209.16.0030, 
7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 
7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530, 
7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 
7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 
7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 
7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 
7211.23.6030, 7211.23.6060, 7211.23.6075, 7211.23.6085, 
7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 
7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
7225.50.6000, 7225.50.8015, 7225.50.8085, 7225.99.0090, 
7226.92.5000, 7226.92.7050, and 7226.92.8050. The products subject 
to the investigation may also enter under the following HTSUS 
numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080, 
7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 
7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000, 
7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 
7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 
7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180, 
7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and 
7229.90.1000.
    The HTSUS subheadings above are provided for convenience and 
U.S. Customs purposes only. The written description of the scope of 
the investigation is dispositive.

[FR Doc. 2015-32218 Filed 12-21-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                  79562                       Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices

                                                  Public Comment                                          Cash Deposit Requirements                               rolled steel flat products (cold-rolled
                                                     Interested parties are invited to                      Effective upon publication of the final               steel) from India. The period of
                                                  comment on this preliminary rescission                  rescission of the new shipper review of                 investigation is January 1, 2014, through
                                                  and submit written arguments or case                    Changxing, the Department will instruct                 December 31, 2014. We invite interested
                                                  briefs within 30 days after the                         U.S. Customs and Border Protection to                   parties to comment on this preliminary
                                                  publication of this notice in the Federal               discontinue the option of posting a bond                determination.
                                                  Register, unless otherwise notified by                  or security in lieu of a cash deposit for               DATES: Effective Date: December 22,
                                                  the Department.5 Rebuttal briefs, limited               entries of subject merchandise from                     2015.
                                                  to issues raised in the case briefs, may                Changxing.13 Because we did not                         FOR FURTHER INFORMATION CONTACT:   Erin
                                                  be filed not later than five days after the             calculate a dumping margin for                          Kearney or Trisha Tran, AD/CVD
                                                  date for filing case briefs.6 Parties who               Changxing or grant Changxing a                          Operations, Office IV, Enforcement and
                                                  submit case or rebuttal briefs are                      separate rate in this new shipper review,               Compliance, International Trade
                                                  requested to submit with each                           we preliminarily find that Changxing                    Administration, U.S. Department of
                                                  argument: (1) A statement of the issue;                 continues to be part of the PRC-wide                    Commerce, 14th Street and Constitution
                                                  (2) a brief summary of the argument;                    entity. The cash deposit rate for the                   Avenue NW., Washington, DC 20230;
                                                  and (3) a table of authorities.7 Case and               PRC-wide entity is 92.84 percent. These                 telephone (202) 482–0167 and (202)
                                                  rebuttal briefs should be filed using                   cash deposit requirements shall remain                  482–4852, respectively.
                                                  Enforcement and Compliance’s                            in effect until further notice.
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                                  Antidumping and Countervailing Duty
                                                                                                          Notification to Importers
                                                  Centralized Electronic Service System                                                                           Scope of the Investigation
                                                  (ACCESS), which is available to                           This notice also serves as a
                                                                                                                                                                    The products covered by this
                                                  registered users at http://                             preliminary reminder to importers of
                                                                                                                                                                  investigation are cold-rolled steel flat
                                                  access.trade.gov, and in the Central                    their responsibility under 19 CFR
                                                                                                                                                                  products from India. For a complete
                                                  Records Unit, Room B0824 of the main                    351.402(f)(2) to file a certificate
                                                                                                                                                                  description of the scope of this
                                                  Department of Commerce building.8                       regarding the reimbursement of
                                                                                                                                                                  investigation, see Appendix II.
                                                     Any interested party may request a                   antidumping duties prior to liquidation
                                                  hearing within 30 days after the day of                 of the relevant entries during this                     Methodology
                                                  publication of this notice.9 Hearing                    review period. Failure to comply with                      The Department is conducting this
                                                  requests should contain the following                   this requirement could result in the                    countervailing duty (CVD) investigation
                                                  information: (1) The party’s name,                      Department’s presumption that                           in accordance with section 701 of the
                                                  address, and telephone number; (2) the                  reimbursement of antidumping duties                     Tariff Act of 1930, as amended (the Act).
                                                  number of participants; and (3) a list of               occurred and the subsequent assessment                  For each of the subsidy programs found
                                                  issues to be discussed.10 Issues raised in              of double antidumping duties.                           countervailable, we preliminarily
                                                  the hearing will be limited to those                      This new shipper review and notice
                                                                                                                                                                  determine that there is a subsidy, i.e., a
                                                  raised in case briefs. If a request for a               are in accordance with sections
                                                                                                                                                                  financial contribution by an ‘‘authority’’
                                                  hearing is made, parties will be notified               751(a)(2)(B) and 777(i) of the Act and 19
                                                                                                                                                                  that gives rise to a benefit to the
                                                  of the date and time for the hearing to                 CFR 351.214(f)(3).
                                                                                                                                                                  recipient, and that the subsidy is
                                                  be held at the U.S. Department of                         Dated: December 15, 2015.                             specific.1 For a full description of the
                                                  Commerce, 14th Street and Constitution                  Paul Piquado,                                           methodology underlying our
                                                  Avenue NW, Washington, DC 20230.11                      Assistant Secretary for Enforcement and                 preliminary conclusions, see the
                                                     We intend to issue the final results of              Compliance.                                             Preliminary Decision Memorandum.2 A
                                                  this new shipper review, including the                  [FR Doc. 2015–32161 Filed 12–21–15; 8:45 am]            list of topics discussed in the
                                                  results of our analysis of issues raised in             BILLING CODE 3510–DS–P                                  Preliminary Decision Memorandum is
                                                  any case briefs, within 90 days after the                                                                       included as Appendix I to this notice.
                                                  date on which this preliminary                                                                                  The Preliminary Decision Memorandum
                                                  rescission is issued, unless the deadline               DEPARTMENT OF COMMERCE                                  is a public document and is on file
                                                  for our final results is extended.12                                                                            electronically via Enforcement and
                                                                                                          International Trade Administration                      Compliance’s Antidumping and
                                                  Assessment Rates
                                                                                                          [C–533–866]                                             Countervailing Duty Centralized
                                                     As the Department intends to rescind                                                                         Electronic Service System (ACCESS).
                                                  this new shipper review, we are not                     Countervailing Duty Investigation of                    ACCESS is available to registered users
                                                  making a determination as to whether                    Certain Cold-Rolled Steel Flat Products                 at https://access.trade.gov and it is
                                                  Changxing qualifies for a separate rate.                From India: Preliminary Affirmative                     available to all parties in the Central
                                                  Therefore, if the Department proceeds to                Determination and Alignment of Final                    Records Unit, room B8024 of the main
                                                  a final rescission, Changxing will                      Determination With Final Antidumping                    Department of Commerce building. In
                                                  remain part of the PRC entity and,                      Duty Determination                                      addition, a complete version of the
                                                  accordingly, its entries covered by this
                                                  new shipper review will be assessed at                  AGENCY:  Enforcement and Compliance,                      1 See sections 771(5)(B) and (D) of the Act
                                                  the PRC-wide rate.                                      International Trade Administration,                     regarding financial contribution; section 771(5)(E)
                                                                                                          Department of Commerce.                                 of the Act regarding benefit; and section 771(5A) of
                                                                                                                                                                  the Act regarding specificity.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    5 See 19 CFR 351.309(c)(1)(ii).
                                                    6 See
                                                                                                          SUMMARY: The Department of Commerce                       2 See Memorandum from Christian Marsh, Deputy
                                                          19 CFR 351.309(d).
                                                    7 See 19 CFR 351.309(c)(2) and (d)(2).
                                                                                                          (the Department) preliminarily                          Assistance Secretary for Antidumping and
                                                    8 See 19 CFR 351.303.                                 determines that countervailable                         Countervailing Duty Operations, to Paul Piquado,
                                                    9 See 19 CFR 351.310(c).                              subsidies are being provided to                         Assistant Secretary for Enforcement and
                                                                                                                                                                  Compliance, ‘‘Decision Memorandum for the
                                                    10 See 19 CFR 351.310(c).                             producers/exporters of certain cold-                    Preliminary Results of the Countervailing Duty
                                                    11 See 19 CFR 351.310(d).
                                                                                                                                                                  Investigation of Certain Cold-Rolled Steel Flat
                                                    12 See section 751(a)(2)(B)(iv) of the Act; and 19      13 See section 751(a)(2)(B)(iii) of the Act; 19 CFR   Products from India,’’ dated concurrently with this
                                                  CFR 351.214(i).                                         351.214(e).                                             notice (‘‘Preliminary Decision Memorandum’’).



                                             VerDate Sep<11>2014   17:21 Dec 21, 2015   Jkt 238001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\22DEN1.SGM    22DEN1


                                                                             Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices                                                   79563

                                                  Preliminary Decision Memorandum can                       In accordance with sections 703(d)                     Dated: December 15, 2015.
                                                  be accessed directly at http://                         and 705(c)(5)(A) of the Act, for                       Paul Piquado,
                                                  enforcement.trade.gov/frn. The signed                   companies not investigated, we apply                   Assistant Secretary for Enforcement and
                                                  Preliminary Decision Memorandum and                     an ‘‘all-others’’ rate, which is normally              Compliance.
                                                  the electronic versions of the                          calculated by weighting the subsidy
                                                  Preliminary Decision Memorandum are                                                                            Appendix I
                                                                                                          rates of the individual companies
                                                  identical in content.                                   selected as respondents by those                       List of Topics Discussed in the Preliminary
                                                                                                          companies’ exports of the subject                      Decision Memorandum
                                                  Alignment
                                                                                                          merchandise to the United States. Under                I. Summary
                                                    As noted in the Preliminary Decision                  section 705(c)(5)(A)(i) of the Act, the all-           II. Background
                                                  Memorandum, in accordance with                          others rate should exclude zero and de                 III. Scope Comments
                                                  section 705(a)(1) of the Act and 19 CFR                 minimis rates calculated for the                       IV. Scope of the Investigation
                                                  351.210(b)(4), we are aligning the final                exporters and producers individually                   V. Alignment
                                                  CVD determination in this investigation                 investigated. Because we individually                  VI. Injury Test
                                                  with the final determination in the                                                                            VII. Subsidies Valuation
                                                                                                          investigated only one producer/                        VIII. Analysis of Programs
                                                  companion antidumping duty (AD)                         exporter, we have applied the rate
                                                  investigation of cold-rolled steel from                                                                        IX. Calculation of the All-Others Rate
                                                                                                          calculated for that producer/exporter as               X. ITC Notification
                                                  India based on a request made by                        the ‘‘all-others’’ rate.                               XI. Disclosure and Public Comment
                                                  Petitioners.3 Consequently, the final                                                                          XII. Verification
                                                  CVD determination will be issued on                     Verification
                                                                                                                                                                 XIII. Conclusion
                                                  the same date as the final AD                             As provided in section 782(i)(1) of the
                                                  determination, which is currently                       Act, we intend to verify the information               Appendix II
                                                  scheduled to be issued no later than                    submitted by the respondent prior to                   Scope of the Investigation
                                                  May 8, 2016,4 unless postponed.                         making our final determination.                           The products covered by this investigation
                                                  Preliminary Determination and                                 International Trade Commission                   are certain cold-rolled (cold-reduced), flat-
                                                  Suspension of Liquidation                                                                                      rolled steel products, whether or not
                                                                                                                Notification
                                                                                                                                                                 annealed, painted, varnished, or coated with
                                                    In accordance with section                                     In accordance with section 703(f) of          plastics or other non-metallic substances.
                                                  703(d)(1)(A)(i) of the Act, we calculated                     the Act, we will notify the International        The products covered do not include those
                                                  a CVD rate for each individually                              Trade Commission (ITC) of our                    that are clad, plated, or coated with metal.
                                                  investigated producer/exporter of the                         determination. In addition, we are               The products covered include coils that have
                                                  subject merchandise. We preliminarily                         making available to the ITC all non-             a width or other lateral measurement
                                                  determine that countervailable subsides                                                                        (‘‘width’’) of 12.7 mm or greater, regardless
                                                                                                                privileged and non-proprietary                   of form of coil (e.g., in successively
                                                  are being provided with respect to the                        information relating to this
                                                  manufacture, production, or exportation                                                                        superimposed layers, spirally oscillating,
                                                                                                                investigation. We will allow the ITC             etc.). The products covered also include
                                                  of the subject merchandise. We                                access to all privileged and business            products not in coils (e.g., in straight lengths)
                                                  preliminarily determine the                                   proprietary information in our files,            of a thickness less than 4.75 mm and a width
                                                  countervailable subsidy rates to be:                          provided the ITC confirms that it will           that is 12.7 mm or greater and that measures
                                                                                                                not disclose such information, either            at least 10 times the thickness. The products
                                                                                                   Subsidy rate                                                  covered also include products not in coils
                                                                 Company                            (percent)   publicly or under an administrative
                                                                                                                protective order, without the written            (e.g., in straight lengths) of a thickness of 4.75
                                                                                                                                                                 mm or more and a width exceeding 150 mm
                                                  JSW Steel Limited and JSW                                     consent of the Assistant Secretary for           and measuring at least twice the thickness.
                                                     Steel Coated Products Lim-                                 Enforcement and Compliance.                      The products described above may be
                                                     ited ........................................        4.45     In accordance with section 705(b)(2)          rectangular, square, circular, or other shape
                                                  All Others ..................................           4.45 of the Act, if our final determination is         and include products of either rectangular or
                                                                                                                affirmative, the ITC will make its final         non-rectangular cross-section where such
                                                     In accordance with sections                                determination within 45 days after the           cross-section is achieved subsequent to the
                                                  703(d)(1)(B) and (d)(2) of the Act, we are Department makes its final                                          rolling process, i.e., products which have
                                                  directing U.S. Customs and Border                             determination.                                   been ‘‘worked after rolling’’ (e.g., products
                                                  Protection to suspend liquidation of all                                                                       which have been beveled or rounded at the
                                                  entries of cold-rolled steel from India                       Disclosure and Public Comment                    edges). For purposes of the width and
                                                  that are entered, or withdrawn from                              The Department intends to disclose to         thickness requirements referenced above:
                                                  warehouse, for consumption on or after                                                                            (1) Where the nominal and actual
                                                                                                                interested parties the calculations
                                                                                                                                                                 measurements vary, a product is within the
                                                  the date of the publication of this notice performed in connection with this
                                                                                                                                                                 scope if application of either the nominal or
                                                  in the Federal Register, and to require                       preliminary determination within five            actual measurement would place it within
                                                  a cash deposit for such entries of                            days of its public announcement.5                the scope based on the definitions set forth
                                                  merchandise in the amounts indicated                          Interested parties may submit case briefs        above, and
                                                  above.                                                        and rebuttal briefs, as well as request a           (2) where the width and thickness vary for
                                                                                                                hearing.6 For a schedule of the                  a specific product (e.g., the thickness of
                                                    3 AK Steel Corporation, ArcelorMittal USA LLC,
                                                                                                                deadlines for filing case briefs, rebuttal       certain products with non-rectangular cross-
                                                  Nucor Corporation, Steel Dynamics Inc., and the               briefs, and hearing requests, see the            section, the width of certain products with
                                                  United States Steel Corporation (collectively,                                                                 non-rectangular shape, etc.), the
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                                                  Petitioners).                                                 Preliminary Decision Memorandum.
                                                                                                                                                                 measurement at its greatest width or
                                                    4 The current deadline for the final AD                        This determination is issued and
                                                                                                                                                                 thickness applies.
                                                  determination, May 8, 2016, is a Sunday. Pursuant             published pursuant to sections 703(f)               Steel products included in the scope of this
                                                  to Department practice, the signature date will be            and 777(i) of the Act and 19 CFR
                                                  the next business day, which is Monday, May 9,
                                                                                                                                                                 investigation are products in which: (1) Iron
                                                  2016. See Notice of Clarification: Application of
                                                                                                                351.205(c).                                      predominates, by weight, over each of the
                                                  ‘‘Next Business Day’’ Rule for Administrative                                                                  other contained elements; (2) the carbon
                                                  Determination Deadlines Pursuant to the Tariff Act        5 See   19 CFR 351.224(b).                           content is 2 percent or less, by weight; and
                                                  of 1930, As Amended, 70 FR 24533 (May 10, 2005).          6 See   19 CFR 351.309(c)–(d), 19 CFR 351.310(c).    (3) none of the elements listed below exceeds



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                                                  79564                      Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices

                                                  the quantity, by weight, respectively                   • Tool steels; 2                                            7211.23.4500, 7211.23.6030, 7211.23.6060,
                                                  indicated:                                              • Silico-manganese steel; 3                                 7211.23.6075, 7211.23.6085, 7211.29.2030,
                                                  • 2.50 percent of manganese, or                         • Grain-oriented electrical steels (GOES) as                7211.29.2090, 7211.29.4500, 7211.29.6030,
                                                  • 3.30 percent of silicon, or                             defined in the final determination of the                 7211.29.6080, 7211.90.0000, 7212.40.1000,
                                                  • 1.50 percent of copper, or                              U.S. Department of Commerce in Grain-                     7212.40.5000, 7225.50.6000, 7225.50.8015,
                                                  • 1.50 percent of aluminum, or                            Oriented Electrical Steel From Germany,                   7225.50.8085, 7225.99.0090, 7226.92.5000,
                                                  • 1.25 percent of chromium, or                            Japan, and Poland.4                                       7226.92.7050, and 7226.92.8050. The
                                                                                                          • Non-Oriented Electrical Steels (NOES), as                 products subject to the investigation may also
                                                  • 0.30 percent of cobalt, or
                                                                                                            defined in the antidumping orders issued                  enter under the following HTSUS numbers:
                                                  • 0.40 percent of lead, or
                                                                                                            by the U.S. Department of Commerce in                     7210.90.9000, 7212.50.0000, 7215.10.0010,
                                                  • 2.00 percent of nickel, or
                                                                                                            Non-Oriented Electrical Steel From the                    7215.10.0080, 7215.50.0016, 7215.50.0018,
                                                  • 0.30 percent of tungsten (also called                   People’s Republic of China, Germany,
                                                     wolfram), or                                                                                                     7215.50.0020, 7215.50.0061, 7215.50.0063,
                                                                                                            Japan, the Republic of Korea, Sweden, and                 7215.50.0065, 7215.50.0090, 7215.90.5000,
                                                  • 0.80 percent of molybdenum, or                          Taiwan.5
                                                  • 0.10 percent of niobium (also called                                                                              7217.10.1000, 7217.10.2000, 7217.10.3000,
                                                                                                            The products subject to this investigation                7217.10.7000, 7217.90.1000, 7217.90.5030,
                                                     columbium), or
                                                                                                          are currently classified in the Harmonized                  7217.90.5060, 7217.90.5090, 7225.19.0000,
                                                  • 0.30 percent of vanadium, or
                                                                                                          Tariff Schedule of the United States (HTSUS)                7226.19.1000, 7226.19.9000, 7226.99.0180,
                                                  • 0.30 percent of zirconium
                                                                                                          under item numbers: 7209.15.0000,                           7228.50.5015, 7228.50.5040, 7228.50.5070,
                                                     Unless specifically excluded, products are           7209.16.0030, 7209.16.0060, 7209.16.0070,                   7228.60.8000, and 7229.90.1000.
                                                  included in this scope regardless of levels of          7209.16.0091, 7209.17.0030, 7209.17.0060,                     The HTSUS subheadings above are
                                                  boron and titanium.                                     7209.17.0070, 7209.17.0091, 7209.18.1530,                   provided for convenience and U.S. Customs
                                                     For example, specifically included in this           7209.18.1560, 7209.18.2510, 7209.18.2520,                   purposes only. The written description of the
                                                  scope are vacuum degassed, fully stabilized             7209.18.2580, 7209.18.6020, 7209.18.6090,                   scope of the investigation is dispositive.
                                                  (commonly referred to as interstitial-free (IF))        7209.25.0000, 7209.26.0000, 7209.27.0000,
                                                  steels, high strength low alloy (HSLA) steels,          7209.28.0000, 7209.90.0000, 7210.70.3000,                   [FR Doc. 2015–32218 Filed 12–21–15; 8:45 am]
                                                  motor lamination steels, Advanced High                  7211.23.1500, 7211.23.2000, 7211.23.3000,                   BILLING CODE 3510–DS–P
                                                  Strength Steels (AHSS), and Ultra High
                                                  Strength Steels (UHSS). IF steels are                      2 Tool steels are defined as steels which contain

                                                  recognized as low carbon steels with micro-             the following combinations of elements in the               DEPARTMENT OF COMMERCE
                                                  alloying levels of elements such as titanium            quantity by weight respectively indicated: (i) More
                                                  and/or niobium added to stabilize carbon and            than 1.2 percent carbon and more than 10.5 percent          International Trade Administration
                                                  nitrogen elements. HSLA steels are                      chromium; or (ii) not less than 0.3 percent carbon
                                                                                                          and 1.25 percent or more but less than 10.5 percent         [C–821–823]
                                                  recognized as steels with micro-alloying                chromium; or (iii) not less than 0.85 percent carbon
                                                  levels of elements such as chromium, copper,            and 1 percent to 1.8 percent, inclusive, manganese;
                                                  niobium, titanium, vanadium, and                                                                                    Countervailing Duty Investigation of
                                                                                                          or (iv) 0.9 percent to 1.2 percent, inclusive,
                                                  molybdenum. Motor lamination steels                     chromium and 0.9 percent to 1.4 percent, inclusive,         Certain Cold-Rolled Steel Flat Products
                                                  contain micro-alloying levels of elements               molybdenum; or (v) not less than 0.5 percent carbon         From the Russian Federation:
                                                  such as silicon and aluminum. AHSS and                  and not less than 3.5 percent molybdenum; or (vi)           Preliminary Affirmative Countervailing
                                                  UHSS are considered high tensile strength               not less than 0.5 percent carbon and not less than          Duty Determination, Preliminary
                                                                                                          5.5 percent tungsten.
                                                  and high elongation steels, although AHSS                  3 Silico-manganese steel is defined as steels            Negative Critical Circumstances
                                                  and UHSS are covered whether or not they                containing by weight: (i) Not more than 0.7 percent         Determination, and Alignment of Final
                                                  are high tensile strength or high elongation            of carbon; (ii) 0.5 percent or more but not more than       Determination With Final Antidumping
                                                  steels.                                                 1.9 percent of manganese, and (iii) 0.6 percent or
                                                     Subject merchandise includes cold-rolled
                                                                                                                                                                      Duty Determination
                                                                                                          more but not more than 2.3 percent of silicon.
                                                  steel that has been further processed in a                 4 Grain-Oriented Electrical Steel From Germany,
                                                                                                                                                                      AGENCY:   Enforcement and Compliance,
                                                  third country, including but not limited to             Japan, and Poland: Final Determinations of Sales at
                                                                                                                                                                      International Trade Administration,
                                                  annealing, tempering, painting, varnishing,             Less Than Fair Value and Certain Final Affirmative
                                                                                                          Determination of Critical Circumstances, 79 FR              Department of Commerce.
                                                  trimming, cutting, punching, and/or slitting,
                                                  or any other processing that would not                  42,501, 42,503 (Dep’t of Commerce, July 22, 2014).          SUMMARY: The Department of Commerce
                                                                                                          This determination defines grain-oriented electrical        (the Department) preliminarily
                                                  otherwise remove the merchandise from the               steel as ‘‘a flat-rolled alloy steel product containing
                                                  scope of the investigation if performed in the          by weight at least 0.6 percent but not more than 6          determines that countervailable
                                                  country of manufacture of the cold-rolled               percent of silicon, not more than 0.08 percent of           subsidies are being provided to
                                                  steel.                                                  carbon, not more than 1.0 percent of aluminum, and          producers/exporters of certain cold-
                                                     All products that meet the written physical          no other element in an amount that would give the
                                                                                                          steel the characteristics of another alloy steel, in
                                                                                                                                                                      rolled steel flat products (cold-rolled
                                                  description, and in which the chemistry                                                                             steel) from the Russian Federation
                                                                                                          coils or in straight lengths.’’
                                                  quantities do not exceed any one of the noted              5 Non-Oriented Electrical Steel From the People’s        (Russia). The period of investigation is
                                                  element levels listed above, are within the
                                                  scope of this investigation unless specifically
                                                                                                          Republic of China, Germany, Japan, the Republic of          January 1, 2014, through December 31,
                                                                                                          Korea, Sweden, and Taiwan: Antidumping Duty                 2014. We invite interested parties to
                                                  excluded. The following products are outside            Orders, 79 FR 71,741, 71,741–42 (Dep’t of
                                                  of and/or specifically excluded from the                Commerce, Dec. 3, 2014). The orders define NOES             comment on this preliminary
                                                  scope of this investigation:                            as ‘‘cold-rolled, flat-rolled, alloy steel products,        determination.
                                                  • Ball bearing steels; 1                                whether or not in coils, regardless of width, having
                                                                                                          an actual thickness of 0.20 mm or more, in which            DATES: Effective Date: December 22,
                                                                                                          the core loss is substantially equal in any direction       2015.
                                                     1 Ball bearing steels are defined as steels which    of magnetization in the plane of the material. The
                                                                                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                                  contain, in addition to iron, each of the following     term ‘substantially equal’ means that the cross grain
                                                  elements by weight in the amount specified: (i) Not     direction of core loss is no more than 1.5 times the        Kristen Johnson (the NLMK Companies)
                                                  less than 0.95 nor more than 1.13 percent of carbon;    straight grain direction (i.e., the rolling direction) of   and Stephanie Moore (the Severstal
                                                  (ii) not less than 0.22 nor more than 0.48 percent      core loss. NOES has a magnetic permeability that
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                                                                                                                                                                      Companies), AD/CVD Operations, Office
                                                  of manganese; (iii) none, or not more than 0.03         does not exceed 1.65 Tesla when tested at a field
                                                  percent of sulfur; (iv) none, or not more than 0.03     of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
                                                                                                                                                                      III, Enforcement and Compliance,
                                                  percent of phosphorus; (v) not less than 0.18 nor       parallel to) the rolling direction of the sheet (i.e.,      International Trade Administration,
                                                  more than 0.37 percent of silicon; (vi) not less than   B800 value). NOES contains by weight more than              U.S. Department of Commerce, 14th
                                                  1.25 nor more than 1.65 percent of chromium; (vii)      1.00 percent of silicon but less than 3.5 percent of        Street and Constitution Avenue NW.,
                                                  none, or not more than 0.28 percent of nickel; (viii)   silicon, not more than 0.08 percent of carbon, and
                                                  none, or not more than 0.38 percent of copper; and      not more than 1.5 percent of aluminum. NOES has
                                                                                                                                                                      Washington, DC 20230; telephone: (202)
                                                  (ix) none, or not more than 0.09 percent of             a surface oxide coating, to which an insulation             482–4793 and (202) 482–3692,
                                                  molybdenum.                                             coating may be applied.’’                                   respectively.


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Document Created: 2015-12-22 02:31:21
Document Modified: 2015-12-22 02:31:21
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
ContactErin Kearney or Trisha Tran, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0167 and (202) 482-4852, respectively.
FR Citation80 FR 79562 

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