80 FR 79564 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From the Russian Federation: Preliminary Affirmative Countervailing Duty Determination, Preliminary Negative Critical Circumstances 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)
International Trade Administration
Federal Register Volume 80, Issue 245 (December 22, 2015)
| Page Range | 79564-79567 | |
| FR Document | 2015-32223 |
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)] [Notices] [Pages 79564-79567] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32223] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-821-823] Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From the Russian Federation: Preliminary Affirmative Countervailing Duty Determination, Preliminary Negative Critical Circumstances 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 the Russian Federation (Russia). 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: Kristen Johnson (the NLMK Companies) and Stephanie Moore (the Severstal Companies), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4793 and (202) 482-3692, respectively. [[Page 79565]] SUPPLEMENTARY INFORMATION: Scope of the Investigation The products covered by this investigation are cold-rolled steel flat products from Russia. For a complete description of the scope of the 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 on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version 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 Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for the Preliminary Affirmative Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Determination in the Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products from the Russian Federation,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- New Subsidy Allegation On November 4, 2015, ArcelorMittal USA LLC, a petitioner in the investigation,\3\ timely filed a new subsidy allegation regarding a value added tax (VAT) exemption for steel scrap.\4\ The Department determined that Petitioners did not satisfy the initiation standard for a VAT program and, therefore, did not initiate an investigation of the program.\5\ --------------------------------------------------------------------------- \3\ In addition to ArcelorMittal USA LLC, Petitioners in this investigation are United States Steel Corporation, Nucor Corporation, Steel Dynamics, Inc., California Steel Industries, and AK Steel Corporation. \4\ See Letter from ArcelorMittal USA LLC, ``Petitioners' New Subsidy Allegation,'' dated November 4, 2015. \5\ See Department Memorandum, ``Decision Memorandum on New Subsidy Allegation,'' dated December 15, 2015. --------------------------------------------------------------------------- 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 Russia based on a request made by Petitioners.\6\ 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,\7\ unless postponed. --------------------------------------------------------------------------- \6\ See Letter from Petitioners, ``Countervailing Duty Investigations of Certain Cold-Rolled Steel Flat Products from Brazil, India, the People's Republic of China, the Republic of Korea, and the Russian Federation--Petitioners' Request to Align Final Determinations in Countervailing and Antidumping Duty Investigations,'' dated December 14, 2015. \7\ We note that the current deadline for the final AD determination is May 8, 2016, which 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 Negative Determination of Critical Circumstances On October 30, 2015, Petitioners filed a timely critical circumstances allegation, pursuant to section 773(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical circumstances exist with respect to imports of cold-rolled steel from Russia.\8\ We preliminarily determine that critical circumstances do not exist for the NLMK Companies, the Severstal Companies, and all other producers/ exporters of subject merchandise in Russia. A discussion of our preliminary negative determination of critical circumstances can be found in the Preliminary Decision Memorandum at the section, ``Preliminary Negative Determination of Critical Circumstances.'' --------------------------------------------------------------------------- \8\ See Letter from Petitioners, ``Critical Circumstances Allegation,'' dated October 30, 2015. --------------------------------------------------------------------------- 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 subsidies are being provided with respect to the manufacture, production, or exportation of the subject merchandise. We preliminarily determine the countervailable subsidy rates to be: ------------------------------------------------------------------------ Company Subsidy rate ------------------------------------------------------------------------ Novolipetsk Steel OJSC, Novex Trading (Swiss) 6.33 percent ad S.A., Altai-Koks OJSC, Dolomite OJSC, valorem. Stoilensky OJSC, Studenovskaya (Stagdok) OJSC, Trading House LLC, Vtorchermet NLMK LLC, Vtorchermet OJSC, and Vtorchermet NLMK Center LLC (collectively, the NLMK Companies). PAO Severstal, Severstal Export GmbH, JSC 0.01 percent ad Karelsky Okatysh, AO OLKON, AO Vorkutaugol, and valorem (de minimis). JSC Vtorchermet (collectively, the Severstal Companies). All Others...................................... 6.33 percent ad valorem. ------------------------------------------------------------------------ In accordance with section 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 Russia 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 require a cash deposit for such entries of the merchandise in the amounts indicated above for all companies other than the Severstal Companies. 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 [[Page 79566]] calculated by weighting the subsidy rates of the individual companies 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 or any rates based entirely on facts otherwise available. In this investigation, the only rate that is not de minimis or based entirely on facts otherwise available is the rate calculated for the NLMK Companies. Consequently, the rate calculated for the NLMK Companies is assigned 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 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.\9\ Interested parties may submit case and rebuttal briefs, as well as request a hearing.\10\ For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \9\ See 19 CFR 351.224(b). \10\ 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. Preliminary Negative Determination of Critical Circumstances VI. Alignment VII. Injury Test VIII. Subsidies Valuation IX. Analysis of Programs X. Disclosure and Public Comment XI. 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 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 these investigation unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of these investigation: Ball bearing steels; \11\ --------------------------------------------------------------------------- \11\ 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; \12\ --------------------------------------------------------------------------- \12\ 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. --------------------------------------------------------------------------- [[Page 79567]] Silico-manganese steel; \13\ --------------------------------------------------------------------------- \13\ 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.\14\ --------------------------------------------------------------------------- \14\ See 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.\15\ --------------------------------------------------------------------------- \15\ See 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 these 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. 2015-32223 Filed 12-21-15; 8:45 am] BILLING CODE 3510-DS-P
![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
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
VerDate Sep<11>2014 17:21 Dec 21, 2015 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\22DEN1.SGM 22DEN1](https://thefederalregister.org/doc/80_FR_79809/page/1.svg)
![Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices 79567
• Silico-manganese steel; 13 7211.23.6075, 7211.23.6085, 7211.29.2030, steel flat products from Korea. For a
• Grain-oriented electrical steels (GOES) as 7211.29.2090, 7211.29.4500, 7211.29.6030, complete description of the scope of this
defined in the final determination of the 7211.29.6080, 7211.90.0000, 7212.40.1000, investigation, see Appendix II.
U.S. Department of Commerce in Grain- 7212.40.5000, 7225.50.6000, 7225.50.8015,
Oriented Electrical Steel From Germany, 7225.50.8085, 7225.99.0090, 7226.92.5000, Methodology
Japan, and Poland.14 7226.92.7050, and 7226.92.8050. The
• Non-Oriented Electrical Steels (NOES), as
The Department is conducting this
products subject to the investigation may also
defined in the antidumping orders issued enter under the following HTSUS numbers:
countervailing duty (CVD) investigation
by the U.S. Department of Commerce in 7210.90.9000, 7212.50.0000, 7215.10.0010, in accordance with section 701 of the
Non-Oriented Electrical Steel From the 7215.10.0080, 7215.50.0016, 7215.50.0018, Tariff Act of 1930, as amended (the Act).
People’s Republic of China, Germany, 7215.50.0020, 7215.50.0061, 7215.50.0063, For each of the subsidy programs found
Japan, the Republic of Korea, Sweden, and 7215.50.0065, 7215.50.0090, 7215.90.5000, countervailable, we preliminarily
Taiwan.15 7217.10.1000, 7217.10.2000, 7217.10.3000, determine that there is a subsidy, i.e., a
The products subject to these investigation 7217.10.7000, 7217.90.1000, 7217.90.5030, financial contribution by an ‘‘authority’’
are currently classified in the Harmonized 7217.90.5060, 7217.90.5090, 7225.19.0000, that gives rise to a benefit to the
Tariff Schedule of the United States (HTSUS) 7226.19.1000, 7226.19.9000, 7226.99.0180, recipient, and that the subsidy is
under item numbers: 7209.15.0000, 7228.50.5015, 7228.50.5040, 7228.50.5070,
7209.16.0030, 7209.16.0060, 7209.16.0070, specific.1 For a full description of the
7228.60.8000, and 7229.90.1000.
7209.16.0091, 7209.17.0030, 7209.17.0060, The HTSUS subheadings above are
methodology underlying our
7209.17.0070, 7209.17.0091, 7209.18.1530, provided for convenience and U.S. Customs preliminary conclusions, see the
7209.18.1560, 7209.18.2510, 7209.18.2520, purposes only. The written description of the Preliminary Decision Memorandum.2 A
7209.18.2580, 7209.18.6020, 7209.18.6090, scope of the investigation is dispositive. list of topics discussed in the
7209.25.0000, 7209.26.0000, 7209.27.0000, Preliminary Decision Memorandum is
7209.28.0000, 7209.90.0000, 7210.70.3000, [FR Doc. 2015–32223 Filed 12–21–15; 8:45 am]
included as Appendix I to this notice.
7211.23.1500, 7211.23.2000, 7211.23.3000, BILLING CODE 3510–DS–P
The Preliminary Decision Memorandum
7211.23.4500, 7211.23.6030, 7211.23.6060,
is a public document and is on file
DEPARTMENT OF COMMERCE electronically via Enforcement and
quantity by weight respectively indicated: (i) More
than 1.2 percent carbon and more than 10.5 percent Compliance’s Antidumping and
chromium; or (ii) not less than 0.3 percent carbon International Trade Administration Countervailing Duty Centralized
and 1.25 percent or more but less than 10.5 percent Electronic Service System (ACCESS).
chromium; or (iii) not less than 0.85 percent carbon [C–580–882] ACCESS is available to registered users
and 1 percent to 1.8 percent, inclusive, manganese;
or (iv) 0.9 percent to 1.2 percent, inclusive, Countervailing Duty Investigation of at http://access.trade.gov, and is
chromium and 0.9 percent to 1.4 percent, inclusive,
Certain Cold-Rolled Steel Flat Products available to all parties in the Central
molybdenum; or (v) not less than 0.5 percent carbon Records Unit, room B8024 of the main
and not less than 3.5 percent molybdenum; or (vi) From the Republic of Korea:
Department of Commerce building. In
not less than 0.5 percent carbon and not less than Preliminary Negative Determination
5.5 percent tungsten. addition, a complete version of the
and Alignment of Final Determination
13 Silico-manganese steel is defined as steels Preliminary Decision Memorandum can
With Final Antidumping Duty
containing by weight: (i) Not more than 0.7 percent be accessed directly at http://
of carbon; (ii) 0.5 percent or more but not more than Determination
enforcement.trade.gov/frn/. The signed
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon. AGENCY: Enforcement and Compliance, Preliminary Decision Memorandum and
14 See Grain-Oriented Electrical Steel From International Trade Administration, the electronic versions of the
Germany, Japan, and Poland: Final Determinations Department of Commerce. Preliminary Decision Memorandum are
of Sales at Less Than Fair Value and Certain Final identical in content.
Affirmative Determination of Critical
SUMMARY: The Department of Commerce
(the Department) preliminarily In making this preliminary
Circumstances, 79 FR 42,501, 42,503 (Dep’t of
Commerce, July 22, 2014). This determination determines that de minimis determination, the Department relied, in
defines grain-oriented electrical steel as ‘‘a flat- countervailable subsidies are being part, on facts otherwise available.3 For
rolled alloy steel product containing by weight at
provided to producers/exporters of further information, see ‘‘Use of Facts
least 0.6 percent but not more than 6 percent of Otherwise Available’’ in the
silicon, not more than 0.08 percent of carbon, not certain cold-rolled steel flat products
more than 1.0 percent of aluminum, and no other (cold-rolled steel) from the Republic of accompanying Preliminary Decision
element in an amount that would give the steel the Korea (Korea). The period of Memorandum.
characteristics of another alloy steel, in coils or in
straight lengths.’’ investigation is January 1, 2014, through Alignment
15 See Non-Oriented Electrical Steel From the December 31, 2014. We invite interested As noted in the Preliminary Decision
People’s Republic of China, Germany, Japan, the parties to comment on this preliminary Memorandum, in accordance with
Republic of Korea, Sweden, and Taiwan: determination.
Antidumping Duty Orders, 79 FR 71,741, 71,741– section 705(a)(1) of the Act and 19 CFR
42 (Dep’t of Commerce, Dec. 3, 2014). The orders DATES: Effective Date: December 22, 351.210(b)(4), we are aligning the final
define NOES as ‘‘cold-rolled, flat-rolled, alloy steel 2015. CVD determination in this investigation
products, whether or not in coils, regardless of
width, having an actual thickness of 0.20 mm or FOR FURTHER INFORMATION CONTACT: with the final determination in the
more, in which the core loss is substantially equal Yasmin Bordas or Emily Maloof, AD/
in any direction of magnetization in the plane of the 1 See sections 771(5)(B) and (D) of the Act
CVD Operations, Office VI, Enforcement
material. The term ‘substantially equal’ means that regarding financial contribution; section 771(5)(E)
the cross grain direction of core loss is no more than
and Compliance, International Trade of the Act regarding benefit; and section 771(5A) of
1.5 times the straight grain direction (i.e., the rolling Administration, U.S. Department of the Act regarding specificity.
direction) of core loss. NOES has a magnetic Commerce, 14th Street and Constitution 2 See Memorandum from Christian Marsh, Deputy
permeability that does not exceed 1.65 Tesla when Assistant Secretary for Antidumping and
mstockstill on DSK4VPTVN1PROD with NOTICES
Avenue NW., Washington, DC 20230;
tested at a field of 800 A/m (equivalent to 10 Countervailing Duty Operations, to Paul Piquado,
Oersteds) along (i.e., parallel to) the rolling
telephone (202) 482–3813 or (202) 482– Assistant Secretary of Enforcement and
direction of the sheet (i.e., B800 value). NOES 5649, respectively. Compliance, ‘‘Decision Memorandum for the
contains by weight more than 1.00 percent of SUPPLEMENTARY INFORMATION: Preliminary Negative Determination: Countervailing
silicon but less than 3.5 percent of silicon, not more Duty Investigation of Certain Cold-Rolled Steel Flat
than 0.08 percent of carbon, and not more than 1.5 Scope of the Investigation Products from the Republic of Korea,’’ dated
percent of aluminum. NOES has a surface oxide concurrently with, and hereby adopted by, this
coating, to which an insulation coating may be The products covered by this notice (Preliminary Decision Memorandum).
applied.’’ investigation are certain cold-rolled 3 See section 776(a) of the Act.
VerDate Sep<11>2014 17:21 Dec 21, 2015 Jkt 238001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\22DEN1.SGM 22DEN1](https://thefederalregister.org/doc/80_FR_79809/page/4.svg)
Document Created: 2015-12-22 02:31:55
Document Modified: 2015-12-22 02:31:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Kristen Johnson (the NLMK Companies) and Stephanie Moore (the Severstal Companies), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4793 and (202) 482-3692, respectively. | |
| FR Citation | 80 FR 79564 |
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