81 FR 11747 - Certain Cold-Rolled Steel Flat Products From Japan: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances
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 | 11747-11751 | |
| FR Document | 2016-05005 |
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)] [Notices] [Pages 11747-11751] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05005] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-588-873] Certain Cold-Rolled Steel Flat Products From Japan: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances 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 Japan 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. JFE Steel Corporation (``JFE'') and Nippon Steel & Sumitomo Metal Corporation (``NSSMC'') are the mandatory respondents in this investigation. 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 March 7, 2016. FOR FURTHER INFORMATION CONTACT: Trisha Tran, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4852. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this investigation on August 24, 2015.\1\ For a complete [[Page 11748]] description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum that is dated concurrently with this determination and is hereby adopted by this notice.\2\ A 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 of the Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products from Japan'' (``Preliminary Decision Memorandum''), dated concurrently with this notice. --------------------------------------------------------------------------- On November 30, 2015, the Department published notice of the 50-day postponement for the preliminary determination in this investigation, in accordance with section 733(c)(1)(B) of the Act and 19 CFR 351.205(f)(1).\3\ In addition, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government because of Snowstorm ``Jonas''. Thus, all of the deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary determination is now February 29, 2016.\4\ --------------------------------------------------------------------------- \3\ See Certain Cold-Rolled Steel Flat Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 80 FR 74764 (November 30, 2015). \4\ See Memorandum to the Record from Ronald Lorentzen, Acting Assistant Secretary 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 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. 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,\5\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., ``scope'').\6\ Certain interested parties commented on the scope of the investigation, as it appeared in the Initiation Notice, as well as on additional language proposed by the Department. For a summary of the product coverage comments and rebuttal responses submitted to the record, and an accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.\7\ In this investigation, the Department is preliminarily modifying the scope language as it appeared in the Initiation Notice. --------------------------------------------------------------------------- \5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). \6\ See Initiation Notice, 80 FR at 51199. \7\ 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; see also Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping Duty Operations, ``Certain Cold-Rolled Steel Products From Japan: Additional Scope Comments and Decision Memorandum for the Preliminary Determination,'' dated concurrently with this preliminary determination (collectively, Preliminary Scope Decision Memorandum). --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Pursuant to section 776(a) of the Act, the Department preliminarily relied upon facts otherwise available to assign estimated weighted-average dumping margins to the mandatory respondents, JFE and NSSMC, because JFE and NSSMC each informed the Department that they would not respond to the Department's AD questionnaire and, therefore, would not participate in this investigation as mandatory respondents.\8\ Therefore, the Department is preliminarily applying adverse facts available to JFE and NSSMC, in accordance with section 776(b) of Act. See Preliminary Decision Memorandum for a complete explanation of the methodology and analysis underlying our preliminary application of adverse facts available. --------------------------------------------------------------------------- \8\ See Letter from JFE, ``Certain Cold-Rolled Steel Flat Products from Japan: Advisement of Non-Participation in Investigation,'' dated November 25, 2015; see also Letter from NSSMC, ``Certain Cold-Rolled Steel Flat Products from Japan: NSSMC's Response to Issuance of the Antidumping Duty Questionnaire,'' dated December 1, 2015. --------------------------------------------------------------------------- After JFE and NSSMC informed the Department that they would not participate in this investigation as mandatory respondents, we selected Hitachi Metals Limited (``Hitachi'') as a voluntary respondent on December 10, 2015.\9\ On February 22, 2016, Petitioners \10\ provided a revised scope clarifying Petitioners' intent with regard to the scope of the investigation to exclude ultra-tempered automotive steel from the scope of the investigation and to limit application of this scope exclusion only to this cold-rolled steel from Japan investigation, which we have accepted for this preliminary determination.\11\ Because all of Hitachi's reported home market sales, U.S. sales, and production costs were comprised entirely of ultra-tempered automotive steel strip that meets the specification of the ultra-tempered steel scope exclusion, Hitachi does not have any sales during the POI to investigate and calculate a margin.\12\ See Preliminary Scope Decision Memoranda for a complete discussion. --------------------------------------------------------------------------- \9\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products from Japan: Whether to Selection Additional Mandatory and/ or Voluntary Respondents,'' dated December 10, 2015. \10\ United States Steel Corporation, AK Steel Corporation, ArcelorMittal USA LLC, Nucor Corporation, Steel Dynamics, Inc., and United States Steel Corporation. \11\ See Letter from Petitioners, ``Certain Cold-Rolled Steel Flat Products from Japan: Response to Additional Information Request Regarding Scope,'' dated February 22, 2016. \12\ See Preliminary Scope Decision Memoranda. See also Letter from Hitachi Metals, ``Certain Cold-Rolled Steel Flat Products from Japan: Hitachi Metals' Pre-Preliminary Determination Comments,'' dated February 12, 2016. --------------------------------------------------------------------------- Preliminary Affirmative Determination of Critical Circumstances On October 30, 2015, Petitioners filed timely critical circumstances allegations, pursuant to section 733(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical circumstances exist with respect to imports of the merchandise under consideration from Japan.\13\ In accordance with 19 CFR 351.206(c)(2)(i), when a critical circumstances allegation is submitted [[Page 11749]] more than 20 days before the scheduled date of the preliminary determination, the Department will issue a preliminary finding whether there is a reasonable basis to believe or suspect that critical circumstances exist no later than the date of the preliminary determination. Based on our analyses, in accordance with section 733(e) of the Act and 19 CFR 351.206, we preliminarily find that critical circumstances exist for each of the mandatory respondents in the investigation. That is, with respect to these companies, we preliminarily determine that (1) importers of merchandise knew or should have known that the exporter was selling the merchandise under consideration at LTFV and that there was likely to be material injury in accordance with section 733(e)(1)(A) of the Act; and (2) imports of subject merchandise have been massive over a relatively short period in accordance with section 733(e)(1)(B) of the Act. With respect to all other producers and exporters subject to the investigation concerning cold-rolled steel from Japan, we preliminarily do not find that critical circumstances exist. For a full description of the methodology and results of our critical circumstances analysis, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \13\ See Letter from Petitioners, ``Certain Cold-Rolled Steel Flat Products From The People's Republic of China, Japan, And the Russian Federation--Petitioners' Critical Circumstances Allegation,'' dated October 30, 2015. --------------------------------------------------------------------------- All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated ``all- others'' rate 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 rates that are zero, de minimis, or determined entirely under section 776 of the Act. We cannot apply the methodology described in section 735(c)(5)(A) of the Act to calculate the ``all-others'' rate, as all of the margins in this preliminary determination were calculated under section 776 of the Act. In cases where no weighted-average dumping margins besides zero, de minimis, or those determined entirely under section 776 of the Act have been established for individually estimated entities, in accordance with section 735(c)(5)(B) of the Act, the Department averages the margins calculated by the Petitioners in the Petition and applies the result to ``all-other'' entities not individually examined. In this case, however, Petitioners calculated only one margin in the Petition. Therefore, we assigned as the ``all-others'' rate the only margin in the Petition, which is 71.35 percent.\14\ --------------------------------------------------------------------------- \14\ See Certain Oil Country Tubular Goods From Thailand: Preliminary Determination of Sales at Less Than Fair Value, and Postponement of Final Determination, 79 FR 10487 (February 25, 2014), and accompanying Preliminary Decision Memorandum, unchanged in Certain Oil Country Tubular Goods From India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value, 79 FR 53691 (September 10, 2014). --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that the following weighted-average dumping margins exist: ------------------------------------------------------------------------ Weighted- average Exporter/producer margin (percent) ------------------------------------------------------------------------ JFE Steel Corporation....................................... 71.35 Nippon Steel & Sumitomo Metal Corporation................... 71.35 All-Others.................................................. 71.35 ------------------------------------------------------------------------ In addition, the Department preliminarily determines that voluntary respondent Hitachi Metals Limited has no sales of subject merchandise during to POI to examine. 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 Japan, as described in the scope of the investigation, that is entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. Because we have preliminarily found that critical circumstances exist with regard to imports exported by the mandatory respondents JFE and NSSMC, we will instruct CBP to suspend liquidation of all entries of cold-rolled steel from Japan, as described in the scope of the investigation, from the mandatory respondents that are entered, or withdrawn from warehouse, for consumption on or after the date that is 90 days prior to the date on which suspension of liquidation is first ordered (e.g., the date of publication of this notice). At such time, we will also instruct CBP, pursuant to section 733 (d)(1)(B) of the Act and 19 CFR 351.205(d), to require a cash deposit equal to the margins indicated in the chart above.\15\ The suspension of liquidation will remain in effect until further notice. --------------------------------------------------------------------------- \15\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). --------------------------------------------------------------------------- Disclosure and Public Comment We will disclose the calculations that we performed in this investigation to interested parties in this proceeding within five days after the date of public announcement of the preliminary determination in accordance with 19 CFR 351.224(b). Interested parties are invited to comment on this preliminary determination. Interested parties may submit case briefs to the Department no later than 30 days after the publication of this preliminary determination. Rebuttal briefs, the content of which is limited to the issues raised in the case briefs, must be filed within five days of the deadline date for the submission of case briefs.\16\ 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. All documents must be filed electronically using ACCESS. --------------------------------------------------------------------------- \16\ See 19 CFR 351.309. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request for a hearing to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. An electronically-filed request for a hearing 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.\17\ Hearing 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, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, [[Page 11750]] time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \17\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Verification Because none of the mandatory respondents in this investigation provided information requested by the Department and the Department preliminarily determines each of the mandatory respondents to have been uncooperative, verification will not be conducted. 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 these investigations 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 AI-ISS 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; \18\ --------------------------------------------------------------------------- \18\ 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; \19\ --------------------------------------------------------------------------- \19\ 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 \20\ --------------------------------------------------------------------------- \20\ 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.\21\ --------------------------------------------------------------------------- \21\ 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) (``Grain-Oriented Electrical Steel From Germany, Japan, and Poland''). 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.\22\ --------------------------------------------------------------------------- \22\ 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) (``Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan''). 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.'' --------------------------------------------------------------------------- [[Page 11751]] Also excluded from the scope of this investigation is ultra- tempered automotive steel, which is hardened, tempered, surface --------------------------------------------------------------------------- polished, and meets the following specifications: Thickness: less than or equal to 1.0 mm; Width: less than or equal to 330 mm; Chemical composition: ---------------------------------------------------------------------------------------------------------------- Element C Si Mn P S ---------------------------------------------------------------------------------------------------------------- Weight %..................... 0.90-1.05 0.15-0.35 0.30-0.50 Less than or Less than or equal to 0.03. equal to 0.006. ---------------------------------------------------------------------------------------------------------------- Physical properties: ------------------------------------------------------------------------ Flatness of less than 0.2% Width less than or equal to 150 mm of nominal strip width ------------------------------------------------------------------------ Width of 150 to 330 mm.................... Flatness of less than 5 mm of nominal strip width. ------------------------------------------------------------------------ Microstructure: Completely free from decarburization. Carbides are spheroidal and fine within 1% to 4% (area percentage) and are undissolved in the uniform tempered martensite; Surface roughness: less than or equal to 0.80 [mu]m Rz; Non-metallic inclusion: [ssquf] Sulfide inclusion less than or equal to 0.04% (area percentage) [ssquf] Oxide inclusion less than or equal to 0.05% (area percentage); and [ssquf] The mill test certificate must demonstrate that the steel is proprietary grade ``PK'' and specify the following: [ssquf] The exact tensile strength, which must be greater than or equal to 1600 N/mm\2\; [ssquf] The exact hardness, which must be greater than or equal to 465 Vickers hardness number; [ssquf] The exact elongation, which must be between 2.5% and 9.5%; and [ssquf] Certified as having residual compressive stress within a range of 100 to 400 N/mm\2\. 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. Respondent Selection VI. Application of Facts Available and All-Others Rate VII. Preliminary Determination of Critical Circumstances VIII. Verification IX. Conclusion [FR Doc. 2016-05005 Filed 3-4-16; 8:45 am] BILLING CODE 3510-DS-P
![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
VerDate Sep<11>2014 18:37 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1](https://thefederalregister.org/doc/81_FR_11791/page/1.svg)
![Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices 11751
Also excluded from the scope of this polished, and meets the following • Thickness: less than or equal to 1.0 mm;
investigation is ultra-tempered automotive specifications: • Width: less than or equal to 330 mm;
steel, which is hardened, tempered, surface • Chemical composition:
Element C Si Mn P S
Weight % ............................... 0.90–1.05 0.15–0.35 0.30–0.50 Less than or equal to 0.03 ... Less than or equal to 0.006.
• Physical properties: 7215.50.0090, 7215.90.5000, 7217.10.1000, the Tariff Act of 1930, as amended (the
7217.10.2000, 7217.10.3000, 7217.10.7000, Act). The period of investigation is
Flatness of less than 7217.90.1000, 7217.90.5030, 7217.90.5060, January 1, 2015, through June 30, 2015.
Width less than or 0.2% of nominal strip 7217.90.5090, 7225.19.0000, 7226.19.1000,
equal to 150 mm width The estimated weighted-average
7226.19.9000, 7226.99.0180, 7228.50.5015,
7228.50.5040, 7228.50.5070, 7228.60.8000, dumping margin is shown in the
Width of 150 to 330 Flatness of less than and 7229.90.1000. ‘‘Preliminary Determination’’ section of
mm. 5 mm of nominal The HTSUS subheadings above are this notice. We invite interested parties
strip width. provided for convenience and U.S. Customs to comment on this preliminary
purposes only. The written description of the determination.
• Microstructure: Completely free from scope of the investigation is dispositive.
decarburization. Carbides are spheroidal DATES: Effective March 7, 2016.
and fine within 1% to 4% (area percentage) Appendix II—List of Topics Discussed FOR FURTHER INFORMATION CONTACT:
and are undissolved in the uniform in the Preliminary Decision Scott Hoefke or Robert James, AD/CVD
tempered martensite; Memorandum Operations, Office VI, Enforcement and
• Surface roughness: less than or equal to
0.80 mm Rz; I. Summary Compliance, International Trade
• Non-metallic inclusion: II. Background Administration, U.S. Department of
D Sulfide inclusion less than or equal to III. Period of Investigation Commerce, 14th Street and Constitution
0.04% (area percentage) IV. Scope of the Investigation Avenue NW., Washington, DC 20230;
D Oxide inclusion less than or equal to V. Respondent Selection telephone (202) 482–4947 or (202) 482–
0.05% (area percentage); and VI. Application of Facts Available and All- 0679, respectively.
D The mill test certificate must demonstrate Others Rate
VII. Preliminary Determination of Critical SUPPLEMENTARY INFORMATION:
that the steel is proprietary grade ‘‘PK’’ and
specify the following: Circumstances
Background
D The exact tensile strength, which must be VIII. Verification
greater than or equal to 1600 N/mm2; IX. Conclusion The Department published the notice
D The exact hardness, which must be greater [FR Doc. 2016–05005 Filed 3–4–16; 8:45 am] of initiation of this investigation on
than or equal to 465 Vickers hardness BILLING CODE 3510–DS–P August 24, 2015.1 For a complete
number; description of the events that followed
D The exact elongation, which must be the initiation of this investigation, see
between 2.5% and 9.5%; and
DEPARTMENT OF COMMERCE the Preliminary Decision Memorandum
D Certified as having residual compressive
stress within a range of 100 to 400 N/mm2. that is dated concurrently with this
International Trade Administration determination and is hereby adopted by
The products subject to this investigation
are currently classified in the Harmonized [A–570–029]
this notice.2 A list of topics included in
Tariff Schedule of the United States (HTSUS) the Preliminary Decision Memorandum
under item numbers: 7209.15.0000, Antidumping Duty Investigation of is included as Appendix I to this notice.
7209.16.0030, 7209.16.0060, 7209.16.0070, Certain Cold-Rolled Steel Flat Products The Preliminary Decision Memorandum
7209.16.0091, 7209.17.0030, 7209.17.0060, From the People’s Republic of China: is a public document and is on file
7209.17.0070, 7209.17.0091, 7209.18.1530, electronically via Enforcement and
Affirmative Preliminary Determination
7209.18.1560, 7209.18.2510, 7209.18.2520, Compliance’s Antidumping and
7209.18.2580, 7209.18.6020, 7209.18.6090, of Sales at Less Than Fair Value, and
Preliminary Affirmative Determination Countervailing Duty Centralized
7209.25.0000, 7209.26.0000, 7209.27.0000,
7209.28.0000, 7209.90.0000, 7210.70.3000, of Critical Circumstances Electronic Service System (ACCESS).
7211.23.1500, 7211.23.2000, 7211.23.3000, ACCESS is available to registered users
7211.23.4500, 7211.23.6030, 7211.23.6060, AGENCY: Enforcement and Compliance, at https://access.trade.gov, and to all
7211.23.6090, 7211.29.2030, 7211.29.2090, International Trade Administration, parties in the Central Records Unit,
7211.29.4500, 7211.29.6030, 7211.29.6080, Department of Commerce. Room B8024 of the main Department of
7211.90.0000, 7212.40.1000, 7212.40.5000, SUMMARY: The Department of Commerce Commerce building. In addition, a
7225.50.6000, 7225.50.8080, 7225.99.0090, (the Department) preliminarily complete version of the Preliminary
7226.92.5000, 7226.92.7050, and
determines that certain cold-rolled steel Decision Memorandum can be found at
7226.92.8050. The products subject to the
investigation may also enter under the flat products (cold-rolled steel) from the http://enforcement.trade.gov/frn/. The
following HTSUS numbers: 7210.90.9000, People’s Republic of China (the PRC) are signed Preliminary Decision
7212.50.0000, 7215.10.0010, 7215.10.0080, being, or are likely to be, sold in the Memorandum and electronic version of
7215.50.0016, 7215.50.0018, 7215.50.0020, United States at less than fair value Preliminary Decision Memorandum are
asabaliauskas on DSK3SPTVN1PROD with NOTICES
7215.50.0061, 7215.50.0063, 7215.50.0065, (LTFV), as provided in section 733(b) of identical in content.
Oersteds) along (i.e., parallel to) the rolling 1 See Certain Cold-Rolled Steel Flat Products from Antidumping and Countervailing Duty Operations,
direction of the sheet (i.e., B800 value). NOES Brazil, the People’s Republic of China, India, Japan, to Paul Piquado, Assistant Secretary for
contains by weight more than 1.00 percent of the Republic of Korea, the Netherlands, the Russian Enforcement and Compliance ‘‘Decision
silicon but less than 3.5 percent of silicon, not more Federation, and the United Kingdom: Initiation of Memorandum for the Preliminary Determination in
than 0.08 percent of carbon, and not more than 1.5 Less-Than-Fair-Value Investigations, 80 FR 51198 the Antidumping Duty Investigation of Certain
percent of aluminum. NOES has a surface oxide (August 24, 2015) (Initiation Notice). Cold-Rolled Steel Flat Products from the People’s
coating, to which an insulation coating may be 2 See Memorandum from Gary Taverman, Republic of China,’’ dated concurrently with and
applied.’’ Associate Deputy Assistant Secretary for hereby adopted by this notice.
VerDate Sep<11>2014 18:37 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1](https://thefederalregister.org/doc/81_FR_11791/page/5.svg)
Document Created: 2018-02-02 15:07:58
Document Modified: 2018-02-02 15:07:58
| 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 March 7, 2016. | |
| Contact | Trisha Tran, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4852. | |
| FR Citation | 81 FR 11747 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR