80_FR_79812 80 FR 79567 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Negative Determination and Alignment of Final Determination With Final Antidumping Duty Determination

80 FR 79567 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Negative 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 Range79567-79569
FR Document2015-32222

The Department of Commerce (the Department) preliminarily determines that de minimis countervailable subsidies are being provided to producers/exporters of certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea). 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 79567-79569]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32222]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-882]


Countervailing Duty Investigation of Certain Cold-Rolled Steel 
Flat Products From the Republic of Korea: Preliminary Negative 
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 de minimis countervailable subsidies are being provided 
to producers/exporters of certain cold-rolled steel flat products 
(cold-rolled steel) from the Republic of Korea (Korea). 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: Yasmin Bordas or Emily Maloof, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3813 
or (202) 482-5649, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The products covered by this investigation are certain cold-rolled 
steel flat products from Korea. For a complete description of the scope 
of this investigation, see Appendix II.

Methodology

    The Department is conducting this countervailing duty (CVD) 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (the Act). For each of the subsidy programs found 
countervailable, we preliminarily determine that there is a subsidy, 
i.e., a financial contribution by an ``authority'' that gives rise to a 
benefit to the recipient, and that the subsidy is specific.\1\ For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum.\2\ A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Preliminary Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
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    \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 of Enforcement and Compliance, 
``Decision Memorandum for the Preliminary Negative Determination: 
Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat 
Products from the Republic of Korea,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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    In making this preliminary determination, the Department relied, in 
part, on facts otherwise available.\3\ For further information, see 
``Use of Facts Otherwise Available'' in the accompanying Preliminary 
Decision Memorandum.
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    \3\ See section 776(a) of the Act.
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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

[[Page 79568]]

companion antidumping duty (AD) investigation of cold-rolled steel from 
Korea based on a request made by Petitioners.\4\ 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,\5\ unless postponed.
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    \4\ AK Steel Corporation, ArcelorMittal USA LLC, Nucor 
Corporation, Steel Dynamics Inc., and the United States Steel 
Corporation (collectively, Petitioners).
    \5\ 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).
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Preliminary Determination

    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 de 
minimis countervailable subsides are being provided with respect to the 
manufacture, production or exportation of the subject merchandise, and, 
thus, this preliminary determination is negative. Consistent with 
section 703(b)(4)(A) of the Act, we have disregarded de minimis rates. 
Consistent with section 703(d) of the Act, we have not calculated an 
all-others rate because we have not reached an affirmative 
preliminarily determination. We preliminarily determine the 
countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
POSCO and Daewoo International Corporation..............            0.18
Hyundai Steel Co., Ltd..................................            0.61
------------------------------------------------------------------------
De minimis.

    Because we preliminarily determine that the CVD rates in this 
investigation are de minimis, at this time, we will not direct U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
of subject merchandise.

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)(3) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 75 days after the Department makes its final determination.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\6\ 
Interested parties may submit case and rebuttal briefs, as well as 
request a hearing.\7\ For a schedule of the deadlines for filing case 
briefs, rebuttal briefs, and hearing requests, see the Preliminary 
Decision Memorandum.
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    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: 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. Use of Facts Otherwise Available
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

[[Page 79569]]

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; \8\
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    \8\ 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.
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 Tool steels; \9\
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    \9\ 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.
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 Silico-manganese steel; \10\
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    \10\ 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.\11\
---------------------------------------------------------------------------

    \11\ 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.''
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 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.\12\
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    \12\ 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 investigations 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 investigations 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 
customs purposes only. The written description of the scope of the 
investigation is dispositive.

[FR Doc. 2015-32222 Filed 12-21-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               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.




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                                                  79568                      Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices

                                                  companion antidumping duty (AD)                           making available to the ITC all non-                  of form of coil (e.g., in successively
                                                  investigation of cold-rolled steel from                   privileged and non-proprietary                        superimposed layers, spirally oscillating,
                                                  Korea based on a request made by                          information relating to this                          etc.). The products covered also include
                                                                                                                                                                  products not in coils (e.g., in straight lengths)
                                                  Petitioners.4 Consequently, the final                     investigation. We will allow the ITC
                                                                                                                                                                  of a thickness less than 4.75 mm and a width
                                                  CVD determination will be issued on                       access to all privileged and business                 that is 12.7 mm or greater and that measures
                                                  the same date as the final AD                             proprietary information in our files,                 at least 10 times the thickness. The products
                                                  determination, which is currently                         provided the ITC confirms that it will                covered also include products not in coils
                                                  scheduled to be issued no later than                      not disclose such information, either                 (e.g., in straight lengths) of a thickness of 4.75
                                                  May 8, 2016,5 unless postponed.                           publicly or under an administrative                   mm or more and a width exceeding 150 mm
                                                                                                            protective order, without the written                 and measuring at least twice the thickness.
                                                  Preliminary Determination                                                                                       The products described above may be
                                                                                                            consent of the Assistant Secretary for
                                                    In accordance with section                                                                                    rectangular, square, circular, or other shape
                                                                                                            Enforcement and Compliance.
                                                  703(d)(1)(A)(i) of the Act, we calculated                                                                       and include products of either rectangular or
                                                                                                               In accordance with section 705(b)(3)               non-rectangular cross-section where such
                                                  a CVD rate for each individually                          of the Act, if our final determination is             cross-section is achieved subsequent to the
                                                  investigated producer/exporter of the                     affirmative, the ITC will make its final              rolling process, i.e., products which have
                                                  subject merchandise. We preliminarily                     determination within 75 days after the                been ‘‘worked after rolling’’ (e.g., products
                                                  determine that de minimis                                 Department makes its final                            which have been beveled or rounded at the
                                                  countervailable subsides are being                        determination.                                        edges). For purposes of the width and
                                                  provided with respect to the                                                                                    thickness requirements referenced above:
                                                  manufacture, production or exportation                    Disclosure and Public Comment                            (1) Where the nominal and actual
                                                  of the subject merchandise, and, thus,                      The Department intends to disclose to               measurements vary, a product is within the
                                                                                                                                                                  scope if application of either the nominal or
                                                  this preliminary determination is                         interested parties the calculations
                                                                                                                                                                  actual measurement would place it within
                                                  negative. Consistent with section                         performed in connection with this                     the scope based on the definitions set forth
                                                  703(b)(4)(A) of the Act, we have                          preliminary determination within five                 above, and
                                                  disregarded de minimis rates. Consistent                  days of its public announcement.6                        (2) Where the width and thickness vary for
                                                  with section 703(d) of the Act, we have                   Interested parties may submit case and                a specific product (e.g., the thickness of
                                                  not calculated an all-others rate because                 rebuttal briefs, as well as request a                 certain products with non-rectangular cross-
                                                  we have not reached an affirmative                        hearing.7 For a schedule of the                       section, the width of certain products with
                                                  preliminarily determination. We                           deadlines for filing case briefs, rebuttal            non-rectangular shape, etc.), the
                                                                                                                                                                  measurement at its greatest width or
                                                  preliminarily determine the                               briefs, and hearing requests, see the
                                                                                                                                                                  thickness applies.
                                                  countervailable subsidy rates to be:                      Preliminary Decision Memorandum.                         Steel products included in the scope of this
                                                                                                              This determination is issued and                    investigation are products in which: (1) iron
                                                                                        Subsidy rate        published pursuant to sections 703(f)                 predominates, by weight, over each of the
                                                             Company                     (percent)          and 777(i) of the Act and 19 CFR                      other contained elements; (2) the carbon
                                                  POSCO and Daewoo Inter-
                                                                                                            351.205(c).                                           content is 2 percent or less, by weight; and
                                                                                                                                                                  (3) none of the elements listed below exceeds
                                                    national Corporation ..........                  0.18     Dated: December 15, 2015.
                                                                                                                                                                  the quantity, by weight, respectively
                                                  Hyundai Steel Co., Ltd .........                   0.61   Paul Piquado,                                         indicated:
                                                     De minimis.                                            Assistant Secretary for Enforcement and               • 2.50 percent of manganese, or
                                                    Because we preliminarily determine
                                                                                                            Compliance.                                           • 3.30 percent of silicon, or
                                                                                                                                                                  • 1.50 percent of copper, or
                                                  that the CVD rates in this investigation                  Appendix I
                                                                                                                                                                  • 1.50 percent of aluminum, or
                                                  are de minimis, at this time, we will not                 List of Topics Discussed in the Preliminary           • 1.25 percent of chromium, or
                                                  direct U.S. Customs and Border                            Decision Memorandum                                   • 0.30 percent of cobalt, or
                                                  Protection (CBP) to suspend liquidation                   I. Summary                                            • 0.40 percent of lead, or
                                                  of entries of subject merchandise.                        II. Background                                        • 2.00 percent of nickel, or
                                                                                                            III. Scope Comments                                   • 0.30 percent of tungsten (also called
                                                  Verification                                                                                                       wolfram), or
                                                                                                            IV. Scope of the Investigation
                                                    As provided in section 782(i)(1) of the                 V. Alignment                                          • 0.80 percent of molybdenum, or
                                                  Act, we intend to verify the information                                                                        • 0.10 percent of niobium (also called
                                                                                                            VI. Injury Test
                                                  submitted by the respondents prior to                                                                              columbium), or
                                                                                                            VII. Use of Facts Otherwise Available
                                                                                                                                                                  • 0.30 percent of vanadium, or
                                                  making our final determination.                           VIII. Subsidies Valuation
                                                                                                                                                                  • 0.30 percent of zirconium
                                                                                                            IX. Analysis of Programs
                                                  International Trade Commission                            X. Disclosure and Public Comment                         Unless specifically excluded, products are
                                                  Notification                                              XI. Conclusion                                        included in this scope regardless of levels of
                                                                                                                                                                  boron and titanium.
                                                    In accordance with section 703(f) of                    Appendix II                                              For example, specifically included in this
                                                  the Act, we will notify the International                                                                       scope are vacuum degassed, fully stabilized
                                                  Trade Commission (ITC) of our                             Scope of the Investigation
                                                                                                                                                                  (commonly referred to as interstitial-free (IF))
                                                  determination. In addition, we are                           The products covered by this investigation         steels, high strength low alloy (HSLA) steels,
                                                                                                            are certain cold-rolled (cold-reduced), flat-         motor lamination steels, Advanced High
                                                     4 AK Steel Corporation, ArcelorMittal USA LLC,         rolled steel products, whether or not                 Strength Steels (AHSS), and Ultra High
                                                  Nucor Corporation, Steel Dynamics Inc., and the           annealed, painted, varnished, or coated with          Strength Steels (UHSS). IF steels are
                                                  United States Steel Corporation (collectively,            plastics or other non-metallic substances.            recognized as low carbon steels with micro-
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                                                  Petitioners).                                             The products covered do not include those             alloying levels of elements such as titanium
                                                     5 The current deadline for the final AD
                                                                                                            that are clad, plated, or coated with metal.          and/or niobium added to stabilize carbon and
                                                  determination, May 8, 2016, is a Sunday. Pursuant         The products covered include coils that have          nitrogen elements. HSLA steels are
                                                  to Department practice, the signature date will be        a width or other lateral measurement                  recognized as steels with micro-alloying
                                                  the next business day, which is Monday, May 9,
                                                                                                            (‘‘width’’) of 12.7 mm or greater, regardless         levels of elements such as chromium, copper,
                                                  2016. See Notice of Clarification: Application of
                                                  ‘‘Next Business Day’’ Rule for Administrative                                                                   niobium, titanium, vanadium, and
                                                  Determination Deadlines Pursuant to the Tariff Act         6 See   19 CFR 351.224(b).                           molybdenum. Motor lamination steels
                                                  of 1930, As Amended, 70 FR 24533 (May 10, 2005).           7 See   19 CFR 351.309(c)–(d), 19 CFR 351.310(c).    contain micro-alloying levels of elements



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                                                                              Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices                                                           79569

                                                  such as silicon and aluminum. AHSS and                      by the U.S. Department of Commerce in                     DEPARTMENT OF COMMERCE
                                                  UHSS are considered high tensile strength                   Non-Oriented Electrical Steel From the
                                                  and high elongation steels, although AHSS                   People’s Republic of China, Germany,                      International Trade Administration
                                                  and UHSS are covered whether or not they                    Japan, the Republic of Korea, Sweden, and
                                                  are high tensile strength or high elongation                                                                          [C–351–844]
                                                                                                              Taiwan.12
                                                  steels.
                                                     Subject merchandise includes cold-rolled                 The products subject to these                             Countervailing Duty Investigation of
                                                  steel that has been further processed in a                investigations are currently classified in the              Certain Cold-Rolled Steel Flat Products
                                                  third country, including but not limited to               Harmonized Tariff Schedule of the United                    From Brazil: Preliminary Affirmative
                                                  annealing, tempering, painting, varnishing,               States (HTSUS) under item numbers:                          Determination and Alignment of Final
                                                  trimming, cutting, punching, and/or slitting,             7209.15.0000, 7209.16.0030, 7209.16.0060,                   Determination With Final Antidumping
                                                  or any other processing that would not                    7209.16.0070, 7209.16.0091, 7209.17.0030,
                                                  otherwise remove the merchandise from the                                                                             Duty Determination
                                                                                                            7209.17.0060, 7209.17.0070, 7209.17.0091,
                                                  scope of the investigation if performed in the                                                                        AGENCY:   Enforcement and Compliance,
                                                  country of manufacture of the cold-rolled                 7209.18.1530, 7209.18.1560, 7209.18.2510,
                                                                                                            7209.18.2520, 7209.18.2580, 7209.18.6020,                   International Trade Administration,
                                                  steel.
                                                     All products that meet the written physical            7209.18.6090, 7209.25.0000, 7209.26.0000,                   Department of Commerce.
                                                  description, and in which the chemistry                   7209.27.0000, 7209.28.0000, 7209.90.0000,                   SUMMARY: The Department of Commerce
                                                  quantities do not exceed any one of the noted             7210.70.3000, 7211.23.1500, 7211.23.2000,                   (Department) preliminarily determines
                                                  element levels listed above, are within the               7211.23.3000, 7211.23.4500, 7211.23.6030,                   that countervailable subsidies are being
                                                  scope of this investigation unless specifically           7211.23.6060, 7211.23.6075, 7211.23.6085,                   provided to producers and exporters of
                                                  excluded. The following products are outside              7211.29.2030, 7211.29.2090, 7211.29.4500,                   certain cold-rolled steel flat products
                                                  of and/or specifically excluded from the
                                                  scope of this investigation:
                                                                                                            7211.29.6030, 7211.29.6080, 7211.90.0000,                   (cold-rolled steel) from Brazil. The
                                                                                                            7212.40.1000, 7212.40.5000, 7225.50.6000,                   period of investigation is January 1,
                                                  • Ball bearing steels; 8
                                                                                                            7225.50.8015, 7225.50.8085, 7225.99.0090,                   2014, through December 31, 2014. We
                                                  • Tool steels; 9
                                                  • Silico-manganese steel; 10                              7226.92.5000, 7226.92.7050, and                             invite interested parties to comment on
                                                     • Grain-oriented electrical steels (GOES) as           7226.92.8050.                                               this preliminary determination.
                                                  defined in the final determination of the U.S.              The products subject to the investigations                DATES: Effective Date: December 22,
                                                  Department of Commerce in Grain-Oriented                  may also enter under the following HTSUS                    2015.
                                                  Electrical Steel From Germany, Japan, and                 numbers: 7210.90.9000, 7212.50.0000,
                                                  Poland.11                                                 7215.10.0010, 7215.10.0080, 7215.50.0016,                   FOR FURTHER INFORMATION CONTACT:
                                                  • Non-Oriented Electrical Steels (NOES), as               7215.50.0018, 7215.50.0020, 7215.50.0061,                   Nicholas Czajkowski or Lana Nigro, AD/
                                                     defined in the antidumping orders issued               7215.50.0063, 7215.50.0065, 7215.50.0090,                   CVD Operations, Office I, Enforcement
                                                                                                            7215.90.5000, 7217.10.1000, 7217.10.2000,                   and Compliance, International Trade
                                                     8 Ball bearing steels are defined as steels which
                                                                                                            7217.10.3000, 7217.10.7000, 7217.90.1000,                   Administration, U.S. Department of
                                                  contain, in addition to iron, each of the following                                                                   Commerce, 14th Street and Constitution
                                                  elements by weight in the amount specified: (i) not       7217.90.5030, 7217.90.5060, 7217.90.5090,
                                                  less than 0.95 nor more than 1.13 percent of carbon;      7225.19.0000, 7226.19.1000, 7226.19.9000,                   Avenue NW., Washington, DC 20230;
                                                  (ii) not less than 0.22 nor more than 0.48 percent        7226.99.0180, 7228.50.5015, 7228.50.5040,                   telephone: (202) 482–1395 or (202) 482–
                                                  of manganese; (iii) none, or not more than 0.03           7228.50.5070, 7228.60.8000, and                             1779, respectively.
                                                  percent of sulfur; (iv) none, or not more than 0.03
                                                  percent of phosphorus; (v) not less than 0.18 nor         7229.90.1000.                                               Scope of the Investigation
                                                  more than 0.37 percent of silicon; (vi) not less than       The HTSUS subheadings above are
                                                  1.25 nor more than 1.65 percent of chromium; (vii)        provided for convenience and customs                          The products covered by this
                                                  none, or not more than 0.28 percent of nickel; (viii)     purposes only. The written description of the               investigation are cold-rolled steel flat
                                                  none, or not more than 0.38 percent of copper; and                                                                    products from Brazil. For a complete
                                                  (ix) none, or not more than 0.09 percent of               scope of the investigation is dispositive.
                                                  molybdenum.                                                                                                           description of the scope of this
                                                                                                            [FR Doc. 2015–32222 Filed 12–21–15; 8:45 am]
                                                     9 Tool steels are defined as steels which contain                                                                  investigation, see Appendix II.
                                                                                                            BILLING CODE 3510–DS–P
                                                  the following combinations of elements in the
                                                  quantity by weight respectively indicated: (i) more                                                                   Methodology
                                                  than 1.2 percent carbon and more than 10.5 percent                                                                       The Department is conducting this
                                                  chromium; or (ii) not less than 0.3 percent carbon
                                                  and 1.25 percent or more but less than 10.5 percent                                                                   countervailing duty (CVD) investigation
                                                  chromium; or (iii) not less than 0.85 percent carbon                                                                  in accordance with section 701 of the
                                                  and 1 percent to 1.8 percent, inclusive, manganese;          12 Non-Oriented Electrical Steel From the People’s       Tariff Act of 1930, as amended (Act).
                                                  or (iv) 0.9 percent to 1.2 percent, inclusive,            Republic of China, Germany, Japan, the Republic of          For each of the subsidy programs found
                                                  chromium and 0.9 percent to 1.4 percent, inclusive,       Korea, Sweden, and Taiwan: Antidumping Duty
                                                  molybdenum; or (v) not less than 0.5 percent carbon                                                                   countervailable, we preliminarily
                                                                                                            Orders, 79 FR 71,741, 71,741–42 (Dep’t of
                                                  and not less than 3.5 percent molybdenum; or (vi)                                                                     determine that there is a subsidy, i.e., a
                                                                                                            Commerce, Dec. 3, 2014). The orders define NOES
                                                  not less than 0.5 percent carbon and not less than
                                                                                                            as ‘‘cold-rolled, flat-rolled, alloy steel products,
                                                                                                                                                                        financial contribution by an ‘‘authority’’
                                                  5.5 percent tungsten.                                                                                                 that gives rise to a benefit to the
                                                     10 Silico-manganese steel is defined as steels         whether or not in coils, regardless of width, having
                                                  containing by weight: (i) not more than 0.7 percent       an actual thickness of 0.20 mm or more, in which            recipient, and that the subsidy is
                                                  of carbon; (ii) 0.5 percent or more but not more than     the core loss is substantially equal in any direction       specific.1 For a full description of the
                                                  1.9 percent of manganese, and (iii) 0.6 percent or        of magnetization in the plane of the material. The          methodology underlying our
                                                  more but not more than 2.3 percent of silicon.            term ‘substantially equal’ means that the cross grain       preliminary conclusions, see the
                                                     11 Grain-Oriented Electrical Steel From Germany,       direction of core loss is no more than 1.5 times the        Preliminary Decision Memorandum. A
                                                  Japan, and Poland: Final Determinations of Sales at       straight grain direction (i.e., the rolling direction) of
                                                  Less Than Fair Value and Certain Final Affirmative        core loss. NOES has a magnetic permeability that
                                                                                                                                                                        list of topics discussed in the
                                                  Determination of Critical Circumstances, 79 FR                                                                        Preliminary Decision Memorandum is
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                                                                                                            does not exceed 1.65 Tesla when tested at a field
                                                  42,501, 42,503 (Dep’t of Commerce, July 22, 2014).        of 800 A/m (equivalent to 10 Oersteds) along (i.e.,         included as Appendix I to this notice.
                                                  This determination defines grain-oriented electrical      parallel to) the rolling direction of the sheet (i.e.,      The Preliminary Decision Memorandum
                                                  steel as ‘‘a flat-rolled alloy steel product containing
                                                  by weight at least 0.6 percent but not more than 6
                                                                                                            B800 value). NOES contains by weight more than              is a public document and is on file
                                                  percent of silicon, not more than 0.08 percent of         1.00 percent of silicon but less than 3.5 percent of
                                                  carbon, not more than 1.0 percent of aluminum, and        silicon, not more than 0.08 percent of carbon, and            1 See sections 771(5)(B) and (D) of the Act

                                                  no other element in an amount that would give the         not more than 1.5 percent of aluminum. NOES has             regarding financial contribution; section 771(5)(E)
                                                  steel the characteristics of another alloy steel, in      a surface oxide coating, to which an insulation             of the Act regarding benefit; and section 771(5A) of
                                                  coils or in straight lengths.’’                           coating may be applied.’’                                   the Act regarding specificity.



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Document Created: 2015-12-22 02:31:03
Document Modified: 2015-12-22 02:31:03
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
ContactYasmin Bordas or Emily Maloof, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3813 or (202) 482-5649, respectively.
FR Citation80 FR 79567 

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