81 FR 11744 - Certain Cold-Rolled Steel Flat Products From the United Kingdom: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 44 (March 7, 2016)
International Trade Administration
Federal Register Volume 81, Issue 44 (March 7, 2016)
| Page Range | 11744-11747 | |
| FR Document | 2016-05007 |
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)] [Notices] [Pages 11744-11747] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05007] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-412-824] Certain Cold-Rolled Steel Flat Products From the United Kingdom: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that certain cold-rolled steel flat products (cold-rolled steel) from the United Kingdom are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is July 1, 2014, through June 30, 2015. The estimated weighted-average dumping margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination. DATES: Effective Date: March 7, 2016. FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0410. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this investigation on August 24, 2015.\1\ For a complete description of the events that followed the initiation of this investigation, see the memorandum that is dated concurrently with this determination and hereby adopted by this notice.\2\ A [[Page 11745]] list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and 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 found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Certain Cold-Rolled Steel Flat Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Netherlands, the Russian Federation, and the United Kingdom: Initiation of Less-Than-Fair-Value Investigations, 80 FR 51198 (August 24, 2015) (Initiation Notice). \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for the Preliminary Determination in the Less- Than-Fair-Value Investigation of Certain Cold-Rolled Steel Flat Products from the United Kingdom'' (Preliminary Decision Memorandum), dated concurrently with this notice. --------------------------------------------------------------------------- As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary determination of this investigation is now February 29, 2016.\3\ --------------------------------------------------------------------------- \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016. --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is cold-rolled steel from the United Kingdom. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I. Scope Comments In accordance with the preamble to the Department's regulations, \4\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).\5\ Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice, as well as additional language proposed by the Department. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.\6\ The Department is preliminarily not modifying the scope language as it appeared in the Initiation Notice. --------------------------------------------------------------------------- \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). \5\ See Initiation Notice, 80 FR at 51199. \6\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Cold-Rolled Steel Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated concurrently with this preliminary determination. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Export prices have been calculated in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination the Department shall determine an estimated all-others rate for all exporters and producers not individually investigated, which shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act.\7\ Therefore, we preliminary calculated the all-others rate based on a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration.\8\ --------------------------------------------------------------------------- \7\ With two respondents, we would normally calculate (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration. We would compare (B) and (C) to (A) and select the rate closest to (A) as the most appropriate rate for all other companies. See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). \8\ See Memorandum to the File, From Thomas Schauer, Senior International Trade Compliance Analyst, ``Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products From the United Kingdom: Calculation of All-Others Rate,'' dated concurrently with this preliminary determination. --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that the following weighted-average dumping margins exist: ------------------------------------------------------------------------ Weighted- average Exporter/producer margin (percent) ------------------------------------------------------------------------ Caparo Precision Strip, Ltd................................. 5.79 Tata Steel UK Ltd........................................... 31.39 All-Others.................................................. 28.03 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of cold-rolled steel from the United Kingdom as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which the NV exceeds U.S. price as indicated in the chart above. These suspension of liquidation instructions will remain in effect until further notice. Disclosure and Public Comment We intend to disclose the calculations performed to interested parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties are invited to comment on this preliminary determination. Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filings requirements). --------------------------------------------------------------------------- [[Page 11746]] Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.\10\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \10\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, we intend to verify information relied upon in making our final determination. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On February 22, 2016, pursuant to 19 CFR 351.210(b) and (e), Tata Steel UK Ltd. requested that, contingent upon an affirmative preliminary determination of sales at LTFV for the respondents, the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.\11\ --------------------------------------------------------------------------- \11\ See Letter to the Secretary of Commerce from Tata Steel UK Ltd., ``Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products From the United Kingdom: Request for Postponement of Final Determination'' (February 22, 2016). --------------------------------------------------------------------------- In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise;\12\ and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.\13\ --------------------------------------------------------------------------- \12\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Minoo Hatten, Program Manager, for Antidumping and Countervailing Duty Operations, Office I, ``Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products From the United Kingdom: Respondent Selection,'' dated September 14, 2015. \13\ See also 19 CFR 351.210(e). --------------------------------------------------------------------------- International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we are notifying the ITC of our affirmative preliminary determination of sales at LTFV. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: February 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--Scope of the Investigation The products covered by this investigation are certain cold- rolled (cold-reduced), flat-rolled steel products, whether or not annealed, painted, varnished, or coated with plastics or other non- metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (``width'') of 12.7 mm or greater, regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products covered also include products not in coils (e.g., in straight lengths) of a thickness of 4.75 mm or more and a width exceeding 150 mm and measuring at least twice the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non- rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above, and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross- section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated:2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.00 percent of nickel, or 0.30 percent of tungsten (also called wolfram), or 0.80 percent of molybdenum, or 0.10 percent of niobium (also called columbium), or 0.30 percent of vanadium, or 0.30 percent of zirconium Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial- free (IF)) steels, high strength low alloy (HSLA) steels, motor lamination steels, Advanced High Strength Steels (AHSS), and Ultra High Strength Steels (UHSS). IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/ or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Motor lamination steels contain micro-alloying levels of elements such as silicon and aluminum. AHSS and UHSS are considered high tensile strength and high elongation steels, although AHSS and UHSS are covered whether or not they are high tensile strength or high elongation steels. Subject merchandise includes cold-rolled steel that has been further processed in a [[Page 11747]] 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; \14\ --------------------------------------------------------------------------- \14\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- Tool steels; \15\ --------------------------------------------------------------------------- \15\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steel; \16\ --------------------------------------------------------------------------- \16\ 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.\17\ --------------------------------------------------------------------------- \17\ See Grain-Oriented Electrical Steel From Germany, Japan, and Poland: Final Determinations of Sales at Less Than Fair Value and Certain Final Affirmative Determination of Critical Circumstances, 79 FR 42,501, 42,503 (Dep't of Commerce, July 22, 2014). This determination defines grain-oriented electrical steel as ``a flat-rolled alloy steel product containing by weight at least 0.6 percent but not more than 6 percent of silicon, not more than 0.08 percent of carbon, not more than 1.0 percent of aluminum, and no other element in an amount that would give the steel the characteristics of another alloy steel, in coils or in straight lengths.'' --------------------------------------------------------------------------- Non-Oriented Electrical Steels (NOES), as defined in the antidumping orders issued by the U.S. Department of Commerce in Non- Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\18\ --------------------------------------------------------------------------- \18\ See Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan: Antidumping Duty Orders, 79 FR 71,741, 71,741-42 (Dep't of Commerce, Dec. 3, 2014). The orders define NOES as ``cold-rolled, flat-rolled, alloy steel products, whether or not in coils, regardless of width, having an actual thickness of 0.20 mm or more, in which the core loss is substantially equal in any direction of magnetization in the plane of the material. The term `substantially equal' means that the cross grain direction of core loss is no more than 1.5 times the straight grain direction (i.e., the rolling direction) of core loss. NOES has a magnetic permeability that does not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e., parallel to) the rolling direction of the sheet (i.e., B800 value). NOES contains by weight more than 1.00 percent of silicon but less than 3.5 percent of silicon, not more than 0.08 percent of carbon, and not more than 1.5 percent of aluminum. NOES has a surface oxide coating, to which an insulation coating may be applied.'' The products subject to 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, 7211.23.6090, 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, 7225.50.8080, 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. Appendix II--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. All-Others Rate VI. Successor-in-Interest VII. Discussion of Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VIII. Date of Sale IX. Product Comparisons X. Export Price and Constructed Export Price XI. Normal Value A. Comparison Market Viability B. Affiliated Party Transactions and Arm's-Length Test C. Level of Trade D. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test E. Calculation of NV Based on Comparison-Market Prices XII. Currency Conversion XIII. Conclusion [FR Doc. 2016-05007 Filed 3-4-16; 8:45 am] BILLING CODE 3510-DS-P
![11744 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
quantities do not exceed any one of the noted The products subject to this investigation Export Subsidies in Companion
element levels listed above, are within the are currently classified in the Harmonized Countervailing Duty Investigation
scope of this investigation unless specifically Tariff Schedule of the United States (HTSUS) XIV. Verification
excluded. The following products are outside under item numbers: 7209.15.0000, XV. Conclusion
of and/or specifically excluded from the 7209.16.0030, 7209.16.0060, 7209.16.0070, [FR Doc. 2016–05003 Filed 3–4–16; 8:45 am]
scope of this investigation: 7209.16.0091, 7209.17.0030, 7209.17.0060,
BILLING CODE 3510–DS–P
• Ball bearing steels; 14 7209.17.0070, 7209.17.0091, 7209.18.1530,
• Tool steels; 15 7209.18.1560, 7209.18.2510, 7209.18.2520,
• Silico-manganese steel; 16 7209.18.2580, 7209.18.6020, 7209.18.6090,
• Grain-oriented electrical steels (GOES) as 7209.25.0000, 7209.26.0000, 7209.27.0000, DEPARTMENT OF COMMERCE
defined in the final determination of the 7209.28.0000, 7209.90.0000, 7210.70.3000,
U.S. Department of Commerce in Grain- 7211.23.1500, 7211.23.2000, 7211.23.3000, International Trade Administration
Oriented Electrical Steel From Germany, 7211.23.4500, 7211.23.6030, 7211.23.6060,
7211.23.6090, 7211.29.2030, 7211.29.2090, [A–412–824]
Japan, and Poland.17
• Non-Oriented Electrical Steels (NOES), as 7211.29.4500, 7211.29.6030, 7211.29.6080,
Certain Cold-Rolled Steel Flat Products
defined in the antidumping orders issued 7211.90.0000, 7212.40.1000, 7212.40.5000,
by the U.S. Department of Commerce in 7225.50.6000, 7225.50.8080, 7225.99.0090, From the United Kingdom: Affirmative
Non-Oriented Electrical Steel From the 7226.92.5000, 7226.92.7050, and Preliminary Determination of Sales at
People’s Republic of China, Germany, 7226.92.8050. The products subject to the Less Than Fair Value, Postponement
Japan, the Republic of Korea, Sweden, and investigation may also enter under the of Final Determination and Extension
Taiwan.18 following HTSUS numbers: 7210.90.9000, of Provisional Measures
7212.50.0000, 7215.10.0010, 7215.10.0080,
14 Ball bearing steels are defined as steels which 7215.50.0016, 7215.50.0018, 7215.50.0020, AGENCY: Enforcement and Compliance,
contain, in addition to iron, each of the following 7215.50.0061, 7215.50.0063, 7215.50.0065, International Trade Administration,
elements by weight in the amount specified: (i) Not 7215.50.0090, 7215.90.5000, 7217.10.1000, Department of Commerce.
less than 0.95 nor more than 1.13 percent of carbon; 7217.10.2000, 7217.10.3000, 7217.10.7000,
(ii) not less than 0.22 nor more than 0.48 percent 7217.90.1000, 7217.90.5030, 7217.90.5060, SUMMARY: The Department of Commerce
of manganese; (iii) none, or not more than 0.03 7217.90.5090, 7225.19.0000, 7226.19.1000, (the Department) preliminarily
percent of sulfur; (iv) none, or not more than 0.03 7226.19.9000, 7226.99.0180, 7228.50.5015, determines that certain cold-rolled steel
percent of phosphorus; (v) not less than 0.18 nor 7228.50.5040, 7228.50.5070, 7228.60.8000, flat products (cold-rolled steel) from the
more than 0.37 percent of silicon; (vi) not less than
and 7229.90.1000. United Kingdom are being, or are likely
1.25 nor more than 1.65 percent of chromium; (vii)
none, or not more than 0.28 percent of nickel; (viii) The HTSUS subheadings above are to be, sold in the United States at less
none, or not more than 0.38 percent of copper; and provided for convenience and U.S. Customs than fair value (LTFV), as provided in
(ix) none, or not more than 0.09 percent of purposes only. The written description of the
section 733(b) of the Tariff Act of 1930,
molybdenum. scope of the investigation is dispositive.
15 Tool steels are defined as steels which contain
as amended (the Act). The period of
the following combinations of elements in the Appendix II—List of Topics Discussed investigation (POI) is July 1, 2014,
quantity by weight respectively indicated: (i) More in the Preliminary Decision through June 30, 2015. The estimated
than 1.2 percent carbon and more than 10.5 percent Memorandum weighted-average dumping margins of
chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent I. Summary sales at LTFV are shown in the
chromium; or (iii) not less than 0.85 percent carbon II. Background ‘‘Preliminary Determination’’ section of
and 1 percent to 1.8 percent, inclusive, manganese; III. Period of Investigation this notice. Interested parties are invited
or (iv) 0.9 percent to 1.2 percent, inclusive, IV. Scope of the Investigation to comment on this preliminary
chromium and 0.9 percent to 1.4 percent, inclusive, V. All-Others Rate
molybdenum; or (v) not less than 0.5 percent carbon
determination.
VI. Affiliation and Collapsing
and not less than 3.5 percent molybdenum; or (vi)
VII. Discussion of The Methodology DATES: Effective Date: March 7, 2016.
not less than 0.5 percent carbon and not less than
5.5 percent tungsten. Comparisons to Fair Value FOR FURTHER INFORMATION CONTACT:
16 Silico-manganese steel is defined as steels A. Determination of the Comparison Thomas Schauer, AD/CVD Operations,
containing by weight: (i) Not more than 0.7 percent Method Office I, Enforcement and Compliance,
of carbon; (ii) 0.5 percent or more but not more than B. Results of the Differential Pricing International Trade Administration,
1.9 percent of manganese, and (iii) 0.6 percent or Analysis U.S. Department of Commerce, 1401
more but not more than 2.3 percent of silicon. VIII. Date of Sale
17 Grain-Oriented Electrical Steel From Germany,
IX. Product Comparisons
Constitution Avenue NW., Washington,
Japan, and Poland: Final Determinations of Sales at X. Export Price and Constructed Export Price DC 20230; telephone: (202) 482–0410.
Less Than Fair Value and Certain Final Affirmative XI. NV SUPPLEMENTARY INFORMATION:
Determination of Critical Circumstances, 79 FR
A. Comparison Market Viability
42,501, 42,503 (July 22, 2014). This determination Background
defines grain-oriented electrical steel as ‘‘a flat- B. Affiliated Party Transactions and Arm’s-
rolled alloy steel product containing by weight at Length Test The Department published the notice
least 0.6 percent but not more than 6 percent of C. Level of Trade of initiation of this investigation on
silicon, not more than 0.08 percent of carbon, not D. COP Analysis August 24, 2015.1 For a complete
more than 1.0 percent of aluminum, and no other 1. Calculation of COP
element in an amount that would give the steel the 2. Test of Comparison Market Sales Prices description of the events that followed
characteristics of another alloy steel, in coils or in 3. Results of the COP Test the initiation of this investigation, see
straight lengths.’’ E. Calculation of NV Based on Comparison- the memorandum that is dated
18 Non-Oriented Electrical Steel From the People’s
Market Prices concurrently with this determination
Republic of China, Germany, Japan, the Republic of
Korea, Sweden, and Taiwan: Antidumping Duty
XII. Currency Conversion and hereby adopted by this notice.2 A
XIII. Adjustments To Cash Deposit Rates for
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Orders, 79 FR 71,741, 71,741–42 (Dec. 3, 2014). The
1 See Certain Cold-Rolled Steel Flat Products
orders define NOES as ‘‘cold-rolled, flat-rolled,
alloy steel products, whether or not in coils, does not exceed 1.65 Tesla when tested at a field From Brazil, the People’s Republic of China, India,
regardless of width, having an actual thickness of of 800 A/m (equivalent to 10 Oersteds) along (i.e., Japan, the Republic of Korea, the Netherlands, the
0.20 mm or more, in which the core loss is parallel to) the rolling direction of the sheet (i.e., Russian Federation, and the United Kingdom:
substantially equal in any direction of B800 value). NOES contains by weight more than Initiation of Less-Than-Fair-Value Investigations, 80
magnetization in the plane of the material. The term 1.00 percent of silicon but less than 3.5 percent of FR 51198 (August 24, 2015) (Initiation Notice).
‘substantially equal’ means that the cross grain silicon, not more than 0.08 percent of carbon, and 2 See Memorandum from Christian Marsh, Deputy
direction of core loss is no more than 1.5 times the not more than 1.5 percent of aluminum. NOES has Assistant Secretary for Antidumping and
straight grain direction (i.e., the rolling direction) of a surface oxide coating, to which an insulation Countervailing Duty Operations, to Paul Piquado,
core loss. NOES has a magnetic permeability that coating may be applied.’’ Assistant Secretary for Enforcement and
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![Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices 11747
third country, including but not limited to The products subject to this investigation B. Affiliated Party Transactions and Arm’s-
annealing, tempering, painting, varnishing, are currently classified in the Harmonized Length Test
trimming, cutting, punching, and/or slitting, Tariff Schedule of the United States (HTSUS) C. Level of Trade
or any other processing that would not under item numbers: 7209.15.0000, D. Cost of Production Analysis
otherwise remove the merchandise from the 7209.16.0030, 7209.16.0060, 7209.16.0070, 1. Calculation of COP
scope of the investigation if performed in the 7209.16.0091, 7209.17.0030, 7209.17.0060, 2. Test of Comparison Market Sales Prices
country of manufacture of the cold-rolled 7209.17.0070, 7209.17.0091, 7209.18.1530, 3. Results of the COP Test
steel. 7209.18.1560, 7209.18.2510, 7209.18.2520, E. Calculation of NV Based on Comparison-
All products that meet the written physical 7209.18.2580, 7209.18.6020, 7209.18.6090, Market Prices
description, and in which the chemistry 7209.25.0000, 7209.26.0000, 7209.27.0000, XII. Currency Conversion
quantities do not exceed any one of the noted 7209.28.0000, 7209.90.0000, 7210.70.3000, XIII. Conclusion
element levels listed above, are within the 7211.23.1500, 7211.23.2000, 7211.23.3000,
[FR Doc. 2016–05007 Filed 3–4–16; 8:45 am]
scope of this investigation unless specifically 7211.23.4500, 7211.23.6030, 7211.23.6060,
excluded. The following products are outside 7211.23.6090, 7211.29.2030, 7211.29.2090, BILLING CODE 3510–DS–P
of and/or specifically excluded from the 7211.29.4500, 7211.29.6030, 7211.29.6080,
scope of this investigation: 7211.90.0000, 7212.40.1000, 7212.40.5000,
• Ball bearing steels; 14 7225.50.6000, 7225.50.8080, 7225.99.0090, DEPARTMENT OF COMMERCE
• Tool steels; 15 7226.92.5000, 7226.92.7050, and
• Silico-manganese steel; 16 7226.92.8050. The products subject to the International Trade Administration
• Grain-oriented electrical steels (GOES) as investigation may also enter under the
[A–588–873]
defined in the final determination of the following HTSUS numbers: 7210.90.9000,
U.S. Department of Commerce in Grain- 7212.50.0000, 7215.10.0010, 7215.10.0080,
Oriented Electrical Steel From Germany, 7215.50.0016, 7215.50.0018, 7215.50.0020,
Certain Cold-Rolled Steel Flat Products
Japan, and Poland.17 7215.50.0061, 7215.50.0063, 7215.50.0065, From Japan: Affirmative Preliminary
• Non-Oriented Electrical Steels (NOES), as 7215.50.0090, 7215.90.5000, 7217.10.1000, Determination of Sales at Less Than
defined in the antidumping orders issued 7217.10.2000, 7217.10.3000, 7217.10.7000, Fair Value and Preliminary Affirmative
by the U.S. Department of Commerce in 7217.90.1000, 7217.90.5030, 7217.90.5060, Determination of Critical
Non-Oriented Electrical Steel From the 7217.90.5090, 7225.19.0000, 7226.19.1000, Circumstances
People’s Republic of China, Germany, 7226.19.9000, 7226.99.0180, 7228.50.5015,
Japan, the Republic of Korea, Sweden, and 7228.50.5040, 7228.50.5070, 7228.60.8000, AGENCY: Enforcement and Compliance,
Taiwan.18 and 7229.90.1000. International Trade Administration,
The HTSUS subheadings above are Department of Commerce.
14 Ball bearing steels are defined as steels which provided for convenience and U.S. Customs SUMMARY: The Department of Commerce
contain, in addition to iron, each of the following purposes only. The written description of the (the ‘‘Department’’) preliminarily
elements by weight in the amount specified: (i) Not scope of the investigation is dispositive.
less than 0.95 nor more than 1.13 percent of carbon; determines that certain cold-rolled steel
(ii) not less than 0.22 nor more than 0.48 percent Appendix II—List of Topics Discussed flat products (‘‘cold-rolled steel’’) from
of manganese; (iii) none, or not more than 0.03 in the Preliminary Decision Japan are being, or are likely to be, sold
percent of sulfur; (iv) none, or not more than 0.03 in the United States at less than fair
percent of phosphorus; (v) not less than 0.18 nor Memorandum
more than 0.37 percent of silicon; (vi) not less than value (‘‘LTFV’’), as provided in section
I. Summary
1.25 nor more than 1.65 percent of chromium; (vii) II. Background
733(b) of the Tariff Act of 1930, as
none, or not more than 0.28 percent of nickel; (viii)
III. Period of Investigation amended (‘‘the Act’’). The period of
none, or not more than 0.38 percent of copper; and investigation (‘‘POI’’) is July 1, 2014
(ix) none, or not more than 0.09 percent of IV. Scope of the Investigation
molybdenum. V. All-Others Rate through June 30, 2015. JFE Steel
15 Tool steels are defined as steels which contain VI. Successor-in-Interest Corporation (‘‘JFE’’) and Nippon Steel &
the following combinations of elements in the VII. Discussion of Methodology Sumitomo Metal Corporation
quantity by weight respectively indicated: (i) More A. Determination of the Comparison (‘‘NSSMC’’) are the mandatory
than 1.2 percent carbon and more than 10.5 percent Method respondents in this investigation. The
chromium; or (ii) not less than 0.3 percent carbon B. Results of the Differential Pricing
and 1.25 percent or more but less than 10.5 percent Analysis
estimated weighted average dumping
chromium; or (iii) not less than 0.85 percent carbon
VIII. Date of Sale margins of sales at LTFV are shown in
and 1 percent to 1.8 percent, inclusive, manganese; the ‘‘Preliminary Determination’’
or (iv) 0.9 percent to 1.2 percent, inclusive, IX. Product Comparisons
chromium and 0.9 percent to 1.4 percent, inclusive, X. Export Price and Constructed Export Price section of this notice. Interested parties
molybdenum; or (v) not less than 0.5 percent carbon XI. Normal Value are invited to comment on this
and not less than 3.5 percent molybdenum; or (vi) A. Comparison Market Viability preliminary determination.
not less than 0.5 percent carbon and not less than DATES: Effective March 7, 2016.
5.5 percent tungsten. Republic of Korea, Sweden, and Taiwan:
16 Silico-manganese steel is defined as steels FOR FURTHER INFORMATION CONTACT:
Antidumping Duty Orders, 79 FR 71,741, 71,741–
containing by weight: (i) Not more than 0.7 percent 42 (Dep’t of Commerce, Dec. 3, 2014). The orders Trisha Tran, AD/CVD Operations, Office
of carbon; (ii) 0.5 percent or more but not more than define NOES as ‘‘cold-rolled, flat-rolled, alloy steel IV, Enforcement and Compliance,
1.9 percent of manganese, and (iii) 0.6 percent or products, whether or not in coils, regardless of
more but not more than 2.3 percent of silicon.
International Trade Administration,
width, having an actual thickness of 0.20 mm or
17 See Grain-Oriented Electrical Steel From
more, in which the core loss is substantially equal
U.S. Department of Commerce, 14th
Germany, Japan, and Poland: Final Determinations in any direction of magnetization in the plane of the Street and Constitution Avenue NW.,
of Sales at Less Than Fair Value and Certain Final material. The term ‘substantially equal’ means that Washington, DC 20230; telephone: (202)
Affirmative Determination of Critical the cross grain direction of core loss is no more than 482–4852.
Circumstances, 79 FR 42,501, 42,503 (Dep’t of 1.5 times the straight grain direction (i.e., the rolling
Commerce, July 22, 2014). This determination SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
direction) of core loss. NOES has a magnetic
defines grain-oriented electrical steel as ‘‘a flat- permeability that does not exceed 1.65 Tesla when
rolled alloy steel product containing by weight at tested at a field of 800 A/m (equivalent to 10
Background
least 0.6 percent but not more than 6 percent of Oersteds) along (i.e., parallel to) the rolling The Department published the notice
silicon, not more than 0.08 percent of carbon, not direction of the sheet (i.e., B800 value). NOES
more than 1.0 percent of aluminum, and no other
of initiation of this investigation on
contains by weight more than 1.00 percent of
element in an amount that would give the steel the silicon but less than 3.5 percent of silicon, not more August 24, 2015.1 For a complete
characteristics of another alloy steel, in coils or in than 0.08 percent of carbon, and not more than 1.5
straight lengths.’’ percent of aluminum. NOES has a surface oxide 1 See Certain Cold-Rolled Steel Flat Products
18 See Non-Oriented Electrical Steel From the coating, to which an insulation coating may be From Brazil, the People’s Republic of China, India,
People’s Republic of China, Germany, Japan, the applied.’’ Continued
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Document Created: 2018-02-02 15:07:40
Document Modified: 2018-02-02 15:07:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: March 7, 2016. | |
| Contact | Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0410. | |
| FR Citation | 81 FR 11744 |
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