80_FR_79814 80 FR 79569 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From Brazil: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination

80 FR 79569 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From Brazil: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range79569-79571
FR Document2015-32221

The Department of Commerce (Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain cold-rolled steel flat products (cold-rolled steel) from Brazil. 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 79569-79571]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32221]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-844]


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

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

SUMMARY: The Department of Commerce (Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of certain cold-rolled steel flat products 
(cold-rolled steel) from Brazil. 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: Nicholas Czajkowski or Lana Nigro, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1395 or (202) 482-1779, respectively.

Scope of the Investigation

    The products covered by this investigation are cold-rolled steel 
flat products from Brazil. 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 (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. 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

[[Page 79570]]

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.
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    In making this preliminary determination, the Department relied, in 
part, on facts otherwise available.\2\ For further information, see 
``Use of Facts Otherwise Available'' in the accompanying Preliminary 
Decision Memorandum.
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    \2\ 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 companion antidumping duty (AD) investigation of 
cold-rolled steel from Brazil based on a request made by 
Petitioners.\3\ Consequently, the final CVD determination will be 
issued on the same date as the final AD determination, which is 
currently scheduled to be issued no later than May 8, 2016,\4\ unless 
postponed.
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    \3\ AK Steel Corporation, ArcelorMittal USA LLC, Nucor 
Corporation, Steel Dynamics Inc., and the United States Steel 
Corporation (collectively, Petitioners). 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 
(Petitioners' Request for Alignment).
    \4\ The current deadline for the final AD determination, May 8, 
2016, is a Sunday. Pursuant to Department practice, the signature 
date will be the next business day, which is Monday, May 9, 2016. 
See Notice of Clarification: Application of ``Next Business Day'' 
Rule for Administrative Determination Deadlines Pursuant to the 
Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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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 respondent 
company. Section 705(c)(5)(A)(i) of the Act states that, for companies 
not individually investigated, we will determine an ``all others'' rate 
equal to the weighted-average countervailable subsidy rates established 
for exporters and producers individually investigated, excluding any 
zero and de minimis countervailable subsidy rates, and any rates 
determined entirely under section 776 of the Act.
    Consistent with the Department's practice, we normally calculate 
the all others rate based on the weighted average of the mandatory 
respondents' calculated subsidy rates.\5\ In this case however, the two 
mandatory respondents have the same rate. Therefore, it is unnecessary 
to calculate an all others rate that is the weighted average of the 
mandatory respondents' rates. The all others rate is the rate 
calculated for both mandatory respondents.
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    \5\ See, e.g., Countervailing Duty Investigation of Certain 
Passenger Vehicle and Light Truck Tires From the People's Republic 
of China: Final Affirmative Determination, and Final Affirmative 
Critical Circumstances Determination, in Part, 80 FR 34888 (June 18, 
2015).
---------------------------------------------------------------------------

    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Companhia Siderurgica Nacional (CSN)....................            7.42
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas).....            7.42
All Others..............................................            7.42
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (2) of the Act, we are 
directing U.S. Customs and Border Protection to suspend liquidation of 
all entries of cold-rolled steel from Brazil that are entered, or 
withdrawn from warehouse, for consumption on or after the date of the 
publication of this notice in the Federal Register, and to require a 
cash deposit for such entries of merchandise in the amounts indicated 
above.

Verification

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

International Trade Commission Notification

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

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\6\ 
Interested parties may submit case and rebuttal briefs, as well as 
request a hearing.\7\ For a schedule of the deadlines for filing case 
briefs, rebuttal briefs, and hearing requests, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

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

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: 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. Calculation of the All Others Rate
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. 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)

[[Page 79571]]

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 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\
---------------------------------------------------------------------------

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

[FR Doc. 2015-32221 Filed 12-21-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                              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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                                                  79570                      Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices

                                                  electronically via Enforcement and                      others’’ rate equal to the weighted-                       provided the ITC confirms that it will
                                                  Compliance’s Antidumping and                            average countervailable subsidy rates                      not disclose such information, either
                                                  Countervailing Duty Centralized                         established for exporters and producers                    publicly or under an administrative
                                                  Electronic Service System (ACCESS).                     individually investigated, excluding any                   protective order, without the written
                                                  ACCESS is available to registered users                 zero and de minimis countervailable                        consent of the Assistant Secretary for
                                                  at http://access.trade.gov, and is                      subsidy rates, and any rates determined                    Enforcement and Compliance.
                                                  available to all parties in the Central                 entirely under section 776 of the Act.                        In accordance with section 705(b)(2)
                                                  Records Unit, room B8024 of the main                      Consistent with the Department’s                         of the Act, if our final determination is
                                                  Department of Commerce building. In                     practice, we normally calculate the all                    affirmative, the ITC will make its final
                                                  addition, a complete version of the                     others rate based on the weighted                          determination within 45 days after the
                                                  Preliminary Decision Memorandum can                     average of the mandatory respondents’                      Department makes its final
                                                  be accessed directly at http://                         calculated subsidy rates.5 In this case                    determination.
                                                  enforcement.trade.gov/frn/. The signed                  however, the two mandatory
                                                                                                                                                                    Disclosure and Public Comment
                                                  Preliminary Decision Memorandum and                     respondents have the same rate.
                                                  the electronic versions of the                          Therefore, it is unnecessary to calculate                   The Department intends to disclose to
                                                  Preliminary Decision Memorandum are                     an all others rate that is the weighted                   interested parties the calculations
                                                  identical in content.                                   average of the mandatory respondents’                     performed in connection with this
                                                     In making this preliminary                           rates. The all others rate is the rate                    preliminary determination within five
                                                  determination, the Department relied, in                calculated for both mandatory                             days of its public announcement.6
                                                  part, on facts otherwise available.2 For                respondents.                                              Interested parties may submit case and
                                                  further information, see ‘‘Use of Facts                   We preliminarily determine the                          rebuttal briefs, as well as request a
                                                  Otherwise Available’’ in the                            countervailable subsidy rates to be:                      hearing.7 For a schedule of the
                                                  accompanying Preliminary Decision                                                                                 deadlines for filing case briefs, rebuttal
                                                  Memorandum.                                                          Company                        Subsidy rate  briefs, and hearing requests, see the
                                                                                                                                                       (percent)    Preliminary Decision Memorandum.
                                                  Alignment
                                                                                                                                                                      This determination is issued and
                                                    As noted in the Preliminary Decision                  Companhia Siderurgica
                                                                                                                                                                    published pursuant to sections 703(f)
                                                  Memorandum, in accordance with                            Nacional (CSN) .................                   7.42
                                                                                                          Usinas Siderurgicas de                                    and 777(i) of the Act and 19 CFR
                                                  section 705(a)(1) of the Act and 19 CFR                   Minas Gerais S.A.                                       351.205(c).
                                                  351.210(b)(4), we are aligning the final                  (Usiminas) .........................              7.42     Dated: December 15, 2015.
                                                  CVD determination in this investigation                 All Others ..............................           7.42   Paul Piquado,
                                                  with the final determination in the
                                                  companion antidumping duty (AD)                                                                                    Assistant Secretary for Enforcement and
                                                                                                            In accordance with sections                              Compliance.
                                                  investigation of cold-rolled steel from                 703(d)(1)(B) and (2) of the Act, we are
                                                  Brazil based on a request made by                       directing U.S. Customs and Border                          Appendix I
                                                  Petitioners.3 Consequently, the final                   Protection to suspend liquidation of all                   List of Topics Discussed in the Preliminary
                                                  CVD determination will be issued on                     entries of cold-rolled steel from Brazil                   Decision Memorandum
                                                  the same date as the final AD                           that are entered, or withdrawn from
                                                  determination, which is currently                                                                                  I. Summary
                                                                                                          warehouse, for consumption on or after                     II. Background
                                                  scheduled to be issued no later than                    the date of the publication of this notice                 III. Scope Comments
                                                  May 8, 2016,4 unless postponed.                         in the Federal Register, and to require                    IV. Scope of the Investigation
                                                  Preliminary Determination and                           a cash deposit for such entries of                         V. Alignment
                                                  Suspension of Liquidation                               merchandise in the amounts indicated                       VI. Injury Test
                                                                                                          above.                                                     VII. Use of Facts Otherwise Available
                                                    In accordance with section                                                                                       VIII. Subsidies Valuation
                                                  703(d)(1)(A)(i) of the Act, we calculated               Verification                                               IX. Analysis of Programs
                                                  a CVD rate for each individually                                                                                   X. Calculation of the All Others Rate
                                                                                                            As provided in section 782(i)(1) of the
                                                  investigated respondent company.                                                                                   XI. ITC Notification
                                                                                                          Act, we intend to verify the information                   XII. Disclosure and Public Comment
                                                  Section 705(c)(5)(A)(i) of the Act states               submitted by the respondents prior to                      XIII. Verification
                                                  that, for companies not individually                    making our final determination.                            XIV. Conclusion
                                                  investigated, we will determine an ‘‘all
                                                                                                          International Trade Commission                             Appendix II
                                                    2 See section 776(a) of the Act.                      Notification
                                                     3 AK Steel Corporation, ArcelorMittal USA LLC,
                                                                                                                                                                     Scope of the Investigation
                                                                                                            In accordance with section 703(f) of                        The products covered by this investigation
                                                  Nucor Corporation, Steel Dynamics Inc., and the
                                                  United States Steel Corporation (collectively,          the Act, we will notify the International                  are certain cold-rolled (cold-reduced), flat-
                                                  Petitioners). See letter from Petitioners,              Trade Commission (ITC) of our                              rolled steel products, whether or not
                                                  ‘‘Countervailing Duty Investigations of Certain         determination. In addition, we are                         annealed, painted, varnished, or coated with
                                                  Cold-Rolled Steel Flat Products from Brazil, India,     making available to the ITC all non-                       plastics or other non-metallic substances.
                                                  the People’s Republic of China, the Republic of
                                                  Korea, and the Russian Federation—Petitioners’          privileged and non-proprietary                             The products covered do not include those
                                                  Request to Align Final Determinations in                information relating to this                               that are clad, plated, or coated with metal.
                                                  Countervailing and Antidumping Duty                     investigation. We will allow the ITC                       The products covered include coils that have
                                                  Investigations,’’ dated December 14, 2015                                                                          a width or other lateral measurement
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                                                                                                          access to all privileged and business
                                                  (Petitioners’ Request for Alignment).                                                                              (‘‘width’’) of 12.7 mm or greater, regardless
                                                     4 The current deadline for the final AD              proprietary information in our files,                      of form of coil (e.g., in successively
                                                  determination, May 8, 2016, is a Sunday. Pursuant                                                                  superimposed layers, spirally oscillating,
                                                  to Department practice, the signature date will be        5 See, e.g., Countervailing Duty Investigation of
                                                                                                                                                                     etc.). The products covered also include
                                                  the next business day, which is Monday, May 9,          Certain Passenger Vehicle and Light Truck Tires
                                                                                                                                                                     products not in coils (e.g., in straight lengths)
                                                  2016. See Notice of Clarification: Application of       From the People’s Republic of China: Final
                                                  ‘‘Next Business Day’’ Rule for Administrative           Affirmative Determination, and Final Affirmative
                                                  Determination Deadlines Pursuant to the Tariff Act      Critical Circumstances Determination, in Part, 80            6   See 19 CFR 351.224(b).
                                                  of 1930, As Amended, 70 FR 24533 (May 10, 2005).        FR 34888 (June 18, 2015).                                    7   See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c).



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                                                                             Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices                                                           79571

                                                  of a thickness less than 4.75 mm and a width            are high tensile strength or high elongation                Japan, the Republic of Korea, Sweden, and
                                                  that is 12.7 mm or greater and that measures            steels.                                                     Taiwan.12
                                                  at least 10 times the thickness. The products              Subject merchandise includes cold-rolled                 The products subject to this investigation
                                                  covered also include products not in coils              steel that has been further processed in a                are currently classified in the Harmonized
                                                  (e.g., in straight lengths) of a thickness of 4.75      third country, including but not limited to               Tariff Schedule of the United States (HTSUS)
                                                  mm or more and a width exceeding 150 mm                 annealing, tempering, painting, varnishing,               under item numbers: 7209.15.0000,
                                                  and measuring at least twice the thickness.             trimming, cutting, punching, and/or slitting,             7209.16.0030, 7209.16.0060, 7209.16.0070,
                                                  The products described above may be                     or any other processing that would not                    7209.16.0091, 7209.17.0030, 7209.17.0060,
                                                  rectangular, square, circular, or other shape           otherwise remove the merchandise from the                 7209.17.0070, 7209.17.0091, 7209.18.1530,
                                                  and include products of either rectangular or           scope of the investigation if performed in the            7209.18.1560, 7209.18.2510, 7209.18.2520,
                                                  non-rectangular cross-section where such                country of manufacture of the cold-rolled                 7209.18.2580, 7209.18.6020, 7209.18.6090,
                                                  cross-section is achieved subsequent to the             steel.                                                    7209.25.0000, 7209.26.0000, 7209.27.0000,
                                                  rolling process, i.e., products which have                 All products that meet the written physical            7209.28.0000, 7209.90.0000, 7210.70.3000,
                                                  been ‘‘worked after rolling’’ (e.g., products           description, and in which the chemistry                   7211.23.1500, 7211.23.2000, 7211.23.3000,
                                                  which have been beveled or rounded at the               quantities do not exceed any one of the noted             7211.23.4500, 7211.23.6030, 7211.23.6060,
                                                  edges). For purposes of the width and                   element levels listed above, are within the               7211.23.6075, 7211.23.6085, 7211.29.2030,
                                                  thickness requirements referenced above:                scope of this investigation unless specifically           7211.29.2090, 7211.29.4500, 7211.29.6030,
                                                     (1) Where the nominal and actual                     excluded. The following products are outside              7211.29.6080, 7211.90.0000, 7212.40.1000,
                                                  measurements vary, a product is within the              of and/or specifically excluded from the                  7212.40.5000, 7225.50.6000, 7225.50.8015,
                                                  scope if application of either the nominal or           scope of this investigation:                              7225.50.8085, 7225.99.0090, 7226.92.5000,
                                                  actual measurement would place it within                • Ball bearing steels; 8                                  7226.92.7050, and 7226.92.8050. The
                                                  the scope based on the definitions set forth                                                                      products subject to the investigation may also
                                                                                                          • Tool steels; 9
                                                  above, and                                                                                                        enter under the following HTSUS numbers:
                                                                                                          • Silico-manganese steel; 10
                                                     (2) where the width and thickness vary for                                                                     7210.90.9000, 7212.50.0000, 7215.10.0010,
                                                                                                          • Grain-oriented electrical steels (GOES) as
                                                  a specific product (e.g., the thickness of                                                                        7215.10.0080, 7215.50.0016, 7215.50.0018,
                                                                                                             defined in the final determination of the
                                                  certain products with non-rectangular cross-                                                                      7215.50.0020, 7215.50.0061, 7215.50.0063,
                                                                                                             U.S. Department of Commerce in Grain-                  7215.50.0065, 7215.50.0090, 7215.90.5000,
                                                  section, the width of certain products with
                                                                                                             Oriented Electrical Steel From Germany,                7217.10.1000, 7217.10.2000, 7217.10.3000,
                                                  non-rectangular shape, etc.), the
                                                                                                             Japan, and Poland.11                                   7217.10.7000, 7217.90.1000, 7217.90.5030,
                                                  measurement at its greatest width or
                                                  thickness applies.                                      • Non-Oriented Electrical Steels (NOES), as               7217.90.5060, 7217.90.5090, 7225.19.0000,
                                                     Steel products included in the scope of this            defined in the antidumping orders issued               7226.19.1000, 7226.19.9000, 7226.99.0180,
                                                  investigation are products in which: (1) Iron              by the U.S. Department of Commerce in                  7228.50.5015, 7228.50.5040, 7228.50.5070,
                                                  predominates, by weight, over each of the                  Non-Oriented Electrical Steel From the                 7228.60.8000, and 7229.90.1000.
                                                  other contained elements; (2) the carbon                   People’s Republic of China, Germany,                     The HTSUS subheadings above are
                                                  content is 2 percent or less, by weight; and                                                                      provided for convenience and U.S. Customs
                                                  (3) none of the elements listed below exceeds              8 Ball bearing steels are defined as steels which      purposes only. The written description of the
                                                  the quantity, by weight, respectively                   contain, in addition to iron, each of the following       scope of the investigation is dispositive.
                                                  indicated:                                              elements by weight in the amount specified: (i) Not
                                                                                                          less than 0.95 nor more than 1.13 percent of carbon;      [FR Doc. 2015–32221 Filed 12–21–15; 8:45 am]
                                                  • 2.50 percent of manganese, or                         (ii) not less than 0.22 nor more than 0.48 percent        BILLING CODE 3510–DS–P
                                                  • 3.30 percent of silicon, or                           of manganese; (iii) none, or not more than 0.03
                                                  • 1.50 percent of copper, or                            percent of sulfur; (iv) none, or not more than 0.03
                                                  • 1.50 percent of aluminum, or                          percent of phosphorus; (v) not less than 0.18 nor
                                                                                                                                                                    DEPARTMENT OF COMMERCE
                                                  • 1.25 percent of chromium, or                          more than 0.37 percent of silicon; (vi) not less than
                                                  • 0.30 percent of cobalt, or                            1.25 nor more than 1.65 percent of chromium; (vii)
                                                                                                                                                                    National Institute of Standards and
                                                                                                          none, or not more than 0.28 percent of nickel; (viii)
                                                  • 0.40 percent of lead, or
                                                  • 2.00 percent of nickel, or
                                                                                                          none, or not more than 0.38 percent of copper; and        Technology
                                                                                                          (ix) none, or not more than 0.09 percent of
                                                  • 0.30 percent of tungsten (also called                 molybdenum.
                                                     wolfram), or
                                                                                                                                                                    Visiting Committee on Advanced
                                                                                                             9 Tool steels are defined as steels which contain
                                                  • 0.80 percent of molybdenum, or                                                                                  Technology
                                                                                                          the following combinations of elements in the
                                                  • 0.10 percent of niobium (also called                  quantity by weight respectively indicated: (i) More       AGENCY: National Institute of Standards
                                                     columbium), or                                       than 1.2 percent carbon and more than 10.5 percent
                                                                                                                                                                    and Technology, Department of
                                                  • 0.30 percent of vanadium, or                          chromium; or (ii) not less than 0.3 percent carbon
                                                  • 0.30 percent of zirconium                             and 1.25 percent or more but less than 10.5 percent       Commerce.
                                                     Unless specifically excluded, products are
                                                                                                          chromium; or (iii) not less than 0.85 percent carbon      ACTION: Notice of public meeting.
                                                                                                          and 1 percent to 1.8 percent, inclusive, manganese;
                                                  included in this scope regardless of levels of          or (iv) 0.9 percent to 1.2 percent, inclusive,
                                                  boron and titanium.                                     chromium and 0.9 percent to 1.4 percent, inclusive,          12 Non-Oriented Electrical Steel From the People’s
                                                     For example, specifically included in this           molybdenum; or (v) not less than 0.5 percent carbon       Republic of China, Germany, Japan, the Republic of
                                                  scope are vacuum degassed, fully stabilized             and not less than 3.5 percent molybdenum; or (vi)         Korea, Sweden, and Taiwan: Antidumping Duty
                                                  (commonly referred to as interstitial-free (IF))        not less than 0.5 percent carbon and not less than        Orders, 79 FR 71,741, 71,741–42 (Dep’t of
                                                  steels, high strength low alloy (HSLA) steels,          5.5 percent tungsten.                                     Commerce, Dec. 3, 2014). The orders define NOES
                                                                                                             10 Silico-manganese steel is defined as steels
                                                  motor lamination steels, Advanced High                                                                            as ‘‘cold-rolled, flat-rolled, alloy steel products,
                                                  Strength Steels (AHSS), and Ultra High                  containing by weight: (i) Not more than 0.7 percent       whether or not in coils, regardless of width, having
                                                                                                          of carbon; (ii) 0.5 percent or more but not more than     an actual thickness of 0.20 mm or more, in which
                                                  Strength Steels (UHSS). IF steels are
                                                                                                          1.9 percent of manganese, and (iii) 0.6 percent or        the core loss is substantially equal in any direction
                                                  recognized as low carbon steels with micro-             more but not more than 2.3 percent of silicon.            of magnetization in the plane of the material. The
                                                  alloying levels of elements such as titanium               11 Grain-Oriented Electrical Steel From Germany,       term ‘substantially equal’ means that the cross grain
                                                  and/or niobium added to stabilize carbon and            Japan, and Poland: Final Determinations of Sales at       direction of core loss is no more than 1.5 times the
                                                  nitrogen elements. HSLA steels are                      Less Than Fair Value and Certain Final Affirmative        straight grain direction (i.e., the rolling direction) of
                                                  recognized as steels with micro-alloying                Determination of Critical Circumstances, 79 FR            core loss. NOES has a magnetic permeability that
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                                                  levels of elements such as chromium, copper,            42,501, 42,503 (Dep’t of Commerce, July 22, 2014).        does not exceed 1.65 Tesla when tested at a field
                                                  niobium, titanium, vanadium, and                        This determination defines grain-oriented electrical      of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
                                                  molybdenum. Motor lamination steels                     steel as ‘‘a flat-rolled alloy steel product containing   parallel to) the rolling direction of the sheet (i.e.,
                                                                                                          by weight at least 0.6 percent but not more than 6        B800 value). NOES contains by weight more than
                                                  contain micro-alloying levels of elements
                                                                                                          percent of silicon, not more than 0.08 percent of         1.00 percent of silicon but less than 3.5 percent of
                                                  such as silicon and aluminum. AHSS and                  carbon, not more than 1.0 percent of aluminum, and        silicon, not more than 0.08 percent of carbon, and
                                                  UHSS are considered high tensile strength               no other element in an amount that would give the         not more than 1.5 percent of aluminum. NOES has
                                                  and high elongation steels, although AHSS               steel the characteristics of another alloy steel, in      a surface oxide coating, to which an insulation
                                                  and UHSS are covered whether or not they                coils or in straight lengths.’’                           coating may be applied.’’



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Document Created: 2015-12-22 02:31:13
Document Modified: 2015-12-22 02:31:13
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
ContactNicholas Czajkowski or Lana Nigro, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1395 or (202) 482-1779, respectively.
FR Citation80 FR 79569 

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