81_FR_11795 81 FR 11751 - Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, and Preliminary Affirmative Determination of Critical Circumstances

81 FR 11751 - Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products From the People's Republic of China: 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)

Page Range11751-11754
FR Document2016-05001

The Department of Commerce (the Department) preliminarily determines that certain cold-rolled steel flat products (cold-rolled steel) from the People's Republic of China (the PRC) 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 is January 1, 2015, through June 30, 2015. The estimated weighted-average dumping margin is shown in the ``Preliminary Determination'' section of this notice. We invite interested parties to comment on this preliminary determination.

Federal Register, Volume 81 Issue 44 (Monday, March 7, 2016)
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11751-11754]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05001]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-029]


Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat 
Products From the People's Republic of China: 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 the People's Republic of China (the PRC) 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 is January 1, 2015, through June 
30, 2015. The estimated weighted-average dumping margin is shown in the 
``Preliminary Determination'' section of this notice. We invite 
interested parties to comment on this preliminary determination.

DATES: Effective March 7, 2016.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Robert James, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4947 
or (202) 482-0679, respectively.

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 
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 
I to this notice. The Preliminary Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at 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 electronic version of Preliminary Decision Memorandum 
are identical in content.
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    \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 Gary Taverman, Associate 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 Antidumping Duty Investigation of Certain Cold-Rolled Steel 
Flat Products from the People's Republic of China,'' dated 
concurrently with and hereby adopted by this notice.

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[[Page 11752]]

Scope of the Investigation

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

Scope Comments

    In accordance with the preamble to the Department's regulations,\3\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., ``scope'').\4\ 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.\5\ The Department is preliminarily not modifying the scope 
language as it appeared in the Initiation Notice.
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    \3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \4\ See Initiation Notice, 80 FR at 51199.
    \5\ 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.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. Because none of the potential respondents in 
this investigation submitted separate rate applications, they are 
considered to be part of the PRC-wide entity. Further, the PRC-wide 
entity did not provide necessary quantity-and-value data the Department 
requested. Therefore, in making this preliminary determination, the 
Department relied on facts available and, because respondents failed to 
cooperate by not acting to the best of their ability to respond to the 
Department's requests for information, we drew an adverse inference in 
selecting a rate from among the facts otherwise available.\6\ For 
further information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the accompanying Preliminary Decision Memorandum.
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    \6\ See sections 776(a) and (b) of the Act.
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Affirmative Preliminary Determination of Critical Circumstances

    On October 30, 2015, Petitioners filed a timely critical 
circumstances allegation, pursuant to section 703(e)(1) and 733(e)(1) 
of the Act and 19 CFR 351.206, alleging that critical circumstances 
exist with respect to imports of certain cold-rolled steel flat 
products from the PRC.\7\ We preliminarily determine, on the basis of 
adverse facts available, that critical circumstances exist for PRC-wide 
entity. A discussion of our determination can be found in the 
Preliminary Decision Memorandum at the section, ``Preliminary 
Determination of Critical Circumstances.''
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    \7\ See Letter from Petitioners, dated October 30, 2015.
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Preliminary Determination

------------------------------------------------------------------------
                                                               Dumping
                          Company                                rate
                                                              (percent)
------------------------------------------------------------------------
PRC-Wide Entity............................................      265.79
------------------------------------------------------------------------

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 PRC 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.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstance, 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 investigation was published. Accordingly, for the PRC-
wide entity, in accordance with section 733(e)(2)(A) of the Act, the 
suspension of liquidation shall apply to unliquidated entries of 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date which is 90 days before the publication of this notice. 
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.\8\ The suspension of liquidation will 
remain in effect until further notice.
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    \8\ 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).
---------------------------------------------------------------------------

    With respect to the PRC-wide entity, we find that export subsidies 
constitute 66.03 percent \9\ of the preliminarily calculated 
countervailing duty rate in the concurrent countervailing duty 
investigation, and thus, we will offset the PRC-wide rate of 265.79 by 
countervailing duty rate attributable to export subsidies (i.e., 66.03 
percent) to calculate the cash deposit rate for this LTFV 
investigation. Accordingly, the cash deposit rate will be 199.76 
percent.
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    \9\ The following programs were initiated on as export specific 
in the concurrent countervailing duty investigation were initiated 
on: Export Loans; Preferential Lending to Cold-Rolled Steel 
Producers and Exporters Classified As ``Honorable Enterprises''; 
Preferential Income Tax Subsidies for Foreign Invested Enterprises--
Export Oriented FIEs; Programs to Rebate Antidumping Legal Fees; 
Export Assistance Grants; Subsidies for Development of Famous Export 
Brands and China World Top Brands; Sub-Central Government Programs 
to Promote Famous Export Brands and China World Top Brands; Export 
Interest Subsidies; Export Seller's Credits; Export Buyer's Credits; 
Export Credit Insurance Subsidies; Export Credit Guarantees''. See 
Certain Cold-Rolled Steel Flat Products From Brazil, India, the 
People's Republic of China, the Republic of Korea, and the Russian 
Federation: Initiation of Countervailing Duty Investigations, 80 FR 
51206 (August 24, 2015), see also Countervailing Duty Investigation 
of Certain Cold-Rolled Steel Flat Products From India: Preliminary 
Affirmative Determination and Alignment of Final Determination With 
Final Antidumping Duty Determination, 80 FR 79562 (December 22, 
2015) and accompanying Preliminary Decision Memorandum at 11-15 and 
Appendix 1.
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Disclosure and Public Comment

    We will disclose the calculations performed to interested parties 
in this proceeding within five days of the date of announcement of this 
preliminary determination in accordance with 19 CFR 351.224(b). Case 
briefs or other written comments may be submitted to the Assistant 
Secretary for Enforcement and Compliance no later than 30 days after 
the publication of this preliminary determination in the Federal 
Register.\10\ Rebuttal briefs, limited to issues raised in case briefs, 
may be submitted no later than five days after the deadline date for 
case briefs.\11\
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    \10\ See 19 CFR 351.309(b)(2)(c)(i).
    \11\ See 19 CFR 351.309, see also 19 CFR 351.303 (for general 
filing requirements).
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    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.\12\ This summary should be limited to five pages total, 
including footnotes.
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    \12\ See 19 CFR 351.309(c)(2) and (d)(2).

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[[Page 11753]]

    Interested parties who wish to request a hearing must do so in 
writing within 30 days after the publication of this preliminary 
determination in the Federal Register.\13\ 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 date, time, and location to be 
determined. Parties will be notified of the date, time, and location of 
any hearing.
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    \13\ See 19 CFR 351.310(c).
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    Parties must file their case and rebuttal briefs, and any requests 
for a hearing, electronically using ACCESS.\14\ Electronically-filed 
documents must be received successfully in their entirety by 5:00 p.m. 
Eastern Time on the due dates established above.\15\
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    \14\ See 19 CFR 351.303(b)(2)(i).
    \15\ See 19 CFR 351.303(b)(1).
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International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we are notifying the 
International Trade Commission (ITC) of our 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)(I) of the Act and 19 CFR 351.205(c).

    Dated: February 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Preliminary Determination of Critical Circumstance
V. Scope of the Investigation
VI. Discussion of the Methodology
    A. Non-Market Economy Country
    B. The PRC-wide Entity
    C. Application of Facts Available and Adverse Inferences
VII. Adjustment Under Section 777A(F) of the Act
VIII. Adjustment to Cash Deposit Rate for Export Subsidies
IX. Disclosure and Public Comment
X. Conclusion

Appendix II--Scope of the Investigation

    The products covered by this investigation are certain cold-
rolled (cold-reduced), flat-rolled steel products, whether or not 
annealed, painted, varnished, or coated with plastics or other non-
metallic substances. The products covered do not include those that 
are clad, plated, or coated with metal. The products covered include 
coils that have a width or other lateral measurement (``width'') of 
12.7 mm or greater, regardless of form of coil (e.g., in 
successively superimposed layers, spirally oscillating, etc.). The 
products covered also include products not in coils (e.g., in 
straight lengths) of a thickness less than 4.75 mm and a width that 
is 12.7 mm or greater and that measures at least 10 times the 
thickness. The products covered also include products not in coils 
(e.g., in straight lengths) of a thickness of 4.75 mm or more and a 
width exceeding 150 mm and measuring at least twice the thickness. 
The products described above may be rectangular, square, circular, 
or other shape and include products of either rectangular or non-
rectangular cross-section where such cross-section is achieved 
subsequent to the rolling process, i.e., products which have been 
``worked after rolling'' (e.g., products which have been beveled or 
rounded at the edges). For purposes of the width and thickness 
requirements referenced above:
    (1) Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set forth above, and
    (2) where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.
    Steel products included in the scope of this investigation are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; (2) the carbon content is 2 percent or 
less, by weight; and (3) none of the elements listed below exceeds 
the quantity, by weight, respectively indicated:

 2.50 percent of manganese, or
 3.30 percent of silicon, or
 1.50 percent of copper, or
 1.50 percent of aluminum, or
 1.25 percent of chromium, or
 0.30 percent of cobalt, or
 0.40 percent of lead, or
 2.00 percent of nickel, or
 0.30 percent of tungsten (also called wolfram), or
 0.80 percent of molybdenum, or
 0.10 percent of niobium (also called columbium), or
 0.30 percent of vanadium, or
 0.30 percent of zirconium

    Unless specifically excluded, products are included in this 
scope regardless of levels of boron and titanium.
    For example, specifically included in this scope are vacuum 
degassed, fully stabilized (commonly referred to as interstitial-
free (IF)) steels, high strength low alloy (HSLA) steels, motor 
lamination steels, Advanced High Strength Steels (AHSS), and Ultra 
High Strength Steels (UHSS). IF steels are recognized as low carbon 
steels with micro-alloying levels of elements such as titanium and/
or niobium added to stabilize carbon and nitrogen elements. HSLA 
steels are recognized as steels with micro-alloying levels of 
elements such as chromium, copper, niobium, titanium, vanadium, and 
molybdenum. Motor lamination steels contain micro-alloying levels of 
elements such as silicon and aluminum. AHSS and UHSS are considered 
high tensile strength and high elongation steels, although AHSS and 
UHSS are covered whether or not they are high tensile strength or 
high elongation steels.
    Subject merchandise includes cold-rolled steel that has been 
further processed in a third country, including but not limited to 
annealing, tempering, painting, varnishing, trimming, cutting, 
punching, and/or slitting, or any other processing that would not 
otherwise remove the merchandise from the scope of the investigation 
if performed in the country of manufacture of the cold-rolled steel.
    All products that meet the written physical description, and in 
which the chemistry quantities do not exceed any one of the noted 
element levels listed above, are within the scope of this 
investigation unless specifically excluded. The following products 
are outside of and/or specifically excluded from the scope of this 
investigation:
     Ball bearing steels; \16\
     Tool steels; \17\
     Silico-manganese steel; \18\
     Grain-oriented electrical steels (GOES) as defined in 
the final determination of the U.S. Department of Commerce in Grain-
Oriented

[[Page 11754]]

Electrical Steel From Germany, Japan, and Poland.\19\
     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.\20\
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    \16\ 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.
    \17\ 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.
    \18\ 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.
    \19\ 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.''
    \20\ 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, December 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.''
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    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.

[FR Doc. 2016-05001 Filed 3-4-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                         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.



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                                                    11752                          Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices

                                                    Scope of the Investigation                              Affirmative Preliminary Determination                    liquidation will remain in effect until
                                                                                                            of Critical Circumstances                                further notice.
                                                      The products covered by this                                                                                      With respect to the PRC-wide entity,
                                                    investigation are cold-rolled steel flat                   On October 30, 2015, Petitioners filed
                                                                                                            a timely critical circumstances                          we find that export subsidies constitute
                                                    products from the PRC. For a complete                                                                            66.03 percent 9 of the preliminarily
                                                    description of the scope of this                        allegation, pursuant to section 703(e)(1)
                                                                                                            and 733(e)(1) of the Act and 19 CFR                      calculated countervailing duty rate in
                                                    investigation, see Appendix II.                                                                                  the concurrent countervailing duty
                                                                                                            351.206, alleging that critical
                                                    Scope Comments                                          circumstances exist with respect to                      investigation, and thus, we will offset
                                                                                                            imports of certain cold-rolled steel flat                the PRC-wide rate of 265.79 by
                                                      In accordance with the preamble to                    products from the PRC.7 We                               countervailing duty rate attributable to
                                                    the Department’s regulations,3 the                      preliminarily determine, on the basis of                 export subsidies (i.e., 66.03 percent) to
                                                    Initiation Notice set aside a period of                 adverse facts available, that critical                   calculate the cash deposit rate for this
                                                    time for parties to raise issues regarding              circumstances exist for PRC-wide entity.                 LTFV investigation. Accordingly, the
                                                    product coverage (i.e., ‘‘scope’’).4                    A discussion of our determination can                    cash deposit rate will be 199.76 percent.
                                                    Certain interested parties commented on                 be found in the Preliminary Decision                     Disclosure and Public Comment
                                                    the scope of the investigation as it                    Memorandum at the section,
                                                    appeared in the Initiation Notice, as                   ‘‘Preliminary Determination of Critical                     We will disclose the calculations
                                                    well as additional language proposed by                 Circumstances.’’                                         performed to interested parties in this
                                                    the Department. For a summary of the                                                                             proceeding within five days of the date
                                                                                                            Preliminary Determination                                of announcement of this preliminary
                                                    product coverage comments and
                                                                                                                                                                     determination in accordance with 19
                                                    rebuttal responses submitted to the                                                                  Dumping     CFR 351.224(b). Case briefs or other
                                                    record for this preliminary                                           Company                          rate
                                                                                                                                                         (percent)   written comments may be submitted to
                                                    determination, and accompanying
                                                                                                                                                                     the Assistant Secretary for Enforcement
                                                    discussion and analysis of all comments                                                                          and Compliance no later than 30 days
                                                                                                            PRC-Wide Entity .........................     265.79
                                                    timely received, see the Preliminary                                                                             after the publication of this preliminary
                                                    Scope Decision Memorandum.5 The                                                                                  determination in the Federal Register.10
                                                                                                            Suspension of Liquidation
                                                    Department is preliminarily not                                                                                  Rebuttal briefs, limited to issues raised
                                                    modifying the scope language as it                         In accordance with section 733(d)(2)                  in case briefs, may be submitted no later
                                                    appeared in the Initiation Notice.                      of the Act, we will direct U.S. Customs                  than five days after the deadline date for
                                                                                                            and Border Protection (CBP) to suspend                   case briefs.11
                                                    Methodology                                             liquidation of all entries of cold-rolled
                                                                                                                                                                        Parties who submit case briefs or
                                                      The Department is conducting this                     steel from the PRC as described in the
                                                                                                                                                                     rebuttal briefs in this proceeding are
                                                    investigation in accordance with section                scope of the investigation section
                                                                                                                                                                     encouraged to submit with each
                                                                                                            entered, or withdrawn from warehouse,
                                                    731 of the Act. Because none of the                                                                              argument: (1) A statement of the issue;
                                                                                                            for consumption on or after the date of
                                                    potential respondents in this                                                                                    (2) a brief summary of the argument;
                                                                                                            publication of this notice in the Federal
                                                    investigation submitted separate rate                                                                            and (3) a table of authorities.12 This
                                                                                                            Register.
                                                    applications, they are considered to be                                                                          summary should be limited to five pages
                                                                                                               Section 733(e)(2) of the Act provides                 total, including footnotes.
                                                    part of the PRC-wide entity. Further, the
                                                                                                            that, given an affirmative determination
                                                    PRC-wide entity did not provide                         of critical circumstance, any suspension
                                                    necessary quantity-and-value data the                                                                            Countervailing Duty Investigations, 76 FR 61042
                                                                                                            of liquidation shall apply to                            (October 3, 2011).
                                                    Department requested. Therefore, in                     unliquidated entries of merchandise                         9 The following programs were initiated on as
                                                    making this preliminary determination,                  entered, or withdrawn from warehouse,                    export specific in the concurrent countervailing
                                                    the Department relied on facts available                for consumption on or after the later of                 duty investigation were initiated on: Export Loans;
                                                    and, because respondents failed to                                                                               Preferential Lending to Cold-Rolled Steel Producers
                                                                                                            (a) the date which is 90 days before the                 and Exporters Classified As ‘‘Honorable
                                                    cooperate by not acting to the best of                  date on which the suspension of                          Enterprises’’; Preferential Income Tax Subsidies for
                                                    their ability to respond to the                         liquidation was first ordered, or (b) the                Foreign Invested Enterprises—Export Oriented
                                                    Department’s requests for information,                  date on which notice of initiation of                    FIEs; Programs to Rebate Antidumping Legal Fees;
                                                                                                                                                                     Export Assistance Grants; Subsidies for
                                                    we drew an adverse inference in                         investigation was published.                             Development of Famous Export Brands and China
                                                    selecting a rate from among the facts                   Accordingly, for the PRC-wide entity, in                 World Top Brands; Sub-Central Government
                                                    otherwise available.6 For further                       accordance with section 733(e)(2)(A) of                  Programs to Promote Famous Export Brands and
                                                    information, see ‘‘Use of Facts                         the Act, the suspension of liquidation                   China World Top Brands; Export Interest Subsidies;
                                                                                                                                                                     Export Seller’s Credits; Export Buyer’s Credits;
                                                    Otherwise Available and Adverse                         shall apply to unliquidated entries of                   Export Credit Insurance Subsidies; Export Credit
                                                    Inferences’’ in the accompanying                        merchandise entered, or withdrawn                        Guarantees’’. See Certain Cold-Rolled Steel Flat
                                                    Preliminary Decision Memorandum.                        from warehouse, for consumption on or                    Products From Brazil, India, the People’s Republic
                                                                                                            after the date which is 90 days before                   of China, the Republic of Korea, and the Russian
                                                                                                                                                                     Federation: Initiation of Countervailing Duty
                                                      3 See Antidumping Duties; Countervailing Duties,      the publication of this notice. We will                  Investigations, 80 FR 51206 (August 24, 2015), see
                                                    62 FR 27296, 27323 (May 19, 1997).                      also instruct CBP, pursuant to section                   also Countervailing Duty Investigation of Certain
                                                      4 See Initiation Notice, 80 FR at 51199.              733(d)(1)(B) of the Act and 19 CFR                       Cold-Rolled Steel Flat Products From India:
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      5 See Memorandum to Christian Marsh, Deputy
                                                                                                            351.205(d), to require a cash deposit                    Preliminary Affirmative Determination and
                                                    Assistant Secretary for Antidumping and                                                                          Alignment of Final Determination With Final
                                                                                                            equal to the margins indicated in the                    Antidumping Duty Determination, 80 FR 79562
                                                    Countervailing Duty Operations, ‘‘Certain Cold-
                                                    Rolled Steel Products From Brazil, the People’s         chart above.8 The suspension of                          (December 22, 2015) and accompanying
                                                    Republic of China, India, Japan, the Republic of                                                                 Preliminary Decision Memorandum at 11–15 and
                                                    Korea, the Russian Federation, and the United             7 See Letter from Petitioners, dated October 30,       Appendix 1.
                                                                                                                                                                        10 See 19 CFR 351.309(b)(2)(c)(i).
                                                    Kingdom: Scope Comments Decision Memorandum             2015.
                                                    for the Preliminary Determinations,’’ dated               8 See Modification of Regulations Regarding the           11 See 19 CFR 351.309, see also 19 CFR 351.303

                                                    concurrently with this preliminary determination.       Practice of Accepting Bonds During the Provisional       (for general filing requirements).
                                                      6 See sections 776(a) and (b) of the Act.             Measures Period in Antidumping and                          12 See 19 CFR 351.309(c)(2) and (d)(2).




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                                                                                    Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices                                                     11753

                                                       Interested parties who wish to request               X. Conclusion                                         steels, high strength low alloy (HSLA) steels,
                                                    a hearing must do so in writing within                                                                        motor lamination steels, Advanced High
                                                                                                            Appendix II—Scope of the Investigation                Strength Steels (AHSS), and Ultra High
                                                    30 days after the publication of this
                                                    preliminary determination in the                           The products covered by this investigation         Strength Steels (UHSS). IF steels are
                                                    Federal Register.13 Requests should                     are certain cold-rolled (cold-reduced), flat-         recognized as low carbon steels with micro-
                                                                                                            rolled steel products, whether or not                 alloying levels of elements such as titanium
                                                    contain the party’s name, address, and                  annealed, painted, varnished, or coated with          and/or niobium added to stabilize carbon and
                                                    telephone number; the number of                         plastics or other non-metallic substances.            nitrogen elements. HSLA steels are
                                                    participants; and a list of the issues to               The products covered do not include those             recognized as steels with micro-alloying
                                                    be discussed. If a request for a hearing                that are clad, plated, or coated with metal.          levels of elements such as chromium, copper,
                                                    is made, the Department intends to hold                 The products covered include coils that have          niobium, titanium, vanadium, and
                                                    the hearing at the U.S. Department of                   a width or other lateral measurement                  molybdenum. Motor lamination steels
                                                    Commerce, 14th Street and Constitution                  (‘‘width’’) of 12.7 mm or greater, regardless
                                                                                                                                                                  contain micro-alloying levels of elements
                                                    Avenue NW., Washington, DC 20230, at                    of form of coil (e.g., in successively
                                                                                                                                                                  such as silicon and aluminum. AHSS and
                                                                                                            superimposed layers, spirally oscillating,
                                                    a date, time, and location to be                        etc.). The products covered also include              UHSS are considered high tensile strength
                                                    determined. Parties will be notified of                 products not in coils (e.g., in straight lengths)     and high elongation steels, although AHSS
                                                    the date, time, and location of any                     of a thickness less than 4.75 mm and a width          and UHSS are covered whether or not they
                                                    hearing.                                                that is 12.7 mm or greater and that measures          are high tensile strength or high elongation
                                                       Parties must file their case and                     at least 10 times the thickness. The products         steels.
                                                    rebuttal briefs, and any requests for a                 covered also include products not in coils               Subject merchandise includes cold-rolled
                                                    hearing, electronically using ACCESS.14                 (e.g., in straight lengths) of a thickness of 4.75    steel that has been further processed in a
                                                    Electronically-filed documents must be                  mm or more and a width exceeding 150 mm               third country, including but not limited to
                                                                                                            and measuring at least twice the thickness.           annealing, tempering, painting, varnishing,
                                                    received successfully in their entirety by
                                                                                                            The products described above may be                   trimming, cutting, punching, and/or slitting,
                                                    5:00 p.m. Eastern Time on the due dates                 rectangular, square, circular, or other shape         or any other processing that would not
                                                    established above.15                                    and include products of either rectangular or         otherwise remove the merchandise from the
                                                    International Trade Commission (ITC)                    non-rectangular cross-section where such              scope of the investigation if performed in the
                                                                                                            cross-section is achieved subsequent to the           country of manufacture of the cold-rolled
                                                    Notification                                            rolling process, i.e., products which have            steel.
                                                       In accordance with section 733(f) of                 been ‘‘worked after rolling’’ (e.g., products            All products that meet the written physical
                                                    the Act, we are notifying the                           which have been beveled or rounded at the
                                                                                                                                                                  description, and in which the chemistry
                                                    International Trade Commission (ITC) of                 edges). For purposes of the width and
                                                                                                            thickness requirements referenced above:              quantities do not exceed any one of the noted
                                                    our preliminary determination of sales                                                                        element levels listed above, are within the
                                                                                                               (1) Where the nominal and actual
                                                    at LTFV. If our final determination is                                                                        scope of this investigation unless specifically
                                                                                                            measurements vary, a product is within the
                                                    affirmative, the ITC will determine                     scope if application of either the nominal or         excluded. The following products are outside
                                                    before the later of 120 days after the date             actual measurement would place it within              of and/or specifically excluded from the
                                                    of this preliminary determination or 45                 the scope based on the definitions set forth          scope of this investigation:
                                                    days after our final determination                      above, and                                               • Ball bearing steels; 16
                                                    whether these imports are materially                       (2) where the width and thickness vary for            • Tool steels; 17
                                                    injuring, or threaten material injury to,               a specific product (e.g., the thickness of               • Silico-manganese steel; 18
                                                    the U.S. industry.                                      certain products with non-rectangular cross-             • Grain-oriented electrical steels (GOES) as
                                                       This determination is issued and                     section, the width of certain products with           defined in the final determination of the U.S.
                                                                                                            non-rectangular shape, etc.), the                     Department of Commerce in Grain-Oriented
                                                    published in accordance with sections                   measurement at its greatest width or
                                                    733(f) and 777(i)(I) of the Act and 19                  thickness applies.                                       16 Ball bearing steels are defined as steels which
                                                    CFR 351.205(c).                                            Steel products included in the scope of this       contain, in addition to iron, each of the following
                                                      Dated: February 29, 2016.                             investigation are products in which: (1) Iron         elements by weight in the amount specified: (i) Not
                                                                                                            predominates, by weight, over each of the             less than 0.95 nor more than 1.13 percent of carbon;
                                                    Paul Piquado,
                                                                                                            other contained elements; (2) the carbon              (ii) not less than 0.22 nor more than 0.48 percent
                                                    Assistant Secretary for Enforcement and                 content is 2 percent or less, by weight; and          of manganese; (iii) none, or not more than 0.03
                                                    Compliance.                                             (3) none of the elements listed below exceeds         percent of sulfur; (iv) none, or not more than 0.03
                                                                                                            the quantity, by weight, respectively                 percent of phosphorus; (v) not less than 0.18 nor
                                                    Appendix I—List of Topics Discussed in                                                                        more than 0.37 percent of silicon; (vi) not less than
                                                                                                            indicated:
                                                    the Preliminary Decision Memorandum                                                                           1.25 nor more than 1.65 percent of chromium; (vii)
                                                                                                            • 2.50 percent of manganese, or                       none, or not more than 0.28 percent of nickel; (viii)
                                                    I. Summary                                              • 3.30 percent of silicon, or                         none, or not more than 0.38 percent of copper; and
                                                    II. Background                                          • 1.50 percent of copper, or                          (ix) none, or not more than 0.09 percent of
                                                    III. Period of Investigation                            • 1.50 percent of aluminum, or                        molybdenum.
                                                    IV. Preliminary Determination of Critical               • 1.25 percent of chromium, or                           17 Tool steels are defined as steels which contain

                                                          Circumstance                                      • 0.30 percent of cobalt, or                          the following combinations of elements in the
                                                    V. Scope of the Investigation                           • 0.40 percent of lead, or                            quantity by weight respectively indicated: (i) More
                                                    VI. Discussion of the Methodology                       • 2.00 percent of nickel, or                          than 1.2 percent carbon and more than 10.5 percent
                                                                                                                                                                  chromium; or (ii) not less than 0.3 percent carbon
                                                       A. Non-Market Economy Country                        • 0.30 percent of tungsten (also called               and 1.25 percent or more but less than 10.5 percent
                                                       B. The PRC-wide Entity                                  wolfram), or                                       chromium; or (iii) not less than 0.85 percent carbon
                                                       C. Application of Facts Available and                • 0.80 percent of molybdenum, or                      and 1 percent to 1.8 percent, inclusive, manganese;
                                                          Adverse Inferences                                • 0.10 percent of niobium (also called                or (iv) 0.9 percent to 1.2 percent, inclusive,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    VII. Adjustment Under Section 777A(F) of                   columbium), or                                     chromium and 0.9 percent to 1.4 percent, inclusive,
                                                          the Act                                           • 0.30 percent of vanadium, or                        molybdenum; or (v) not less than 0.5 percent carbon
                                                    VIII. Adjustment to Cash Deposit Rate for               • 0.30 percent of zirconium                           and not less than 3.5 percent molybdenum; or (vi)
                                                          Export Subsidies                                                                                        not less than 0.5 percent carbon and not less than
                                                                                                               Unless specifically excluded, products are         5.5 percent tungsten.
                                                    IX. Disclosure and Public Comment                       included in this scope regardless of levels of           18 Silico-manganese steel is defined as steels
                                                                                                            boron and titanium.                                   containing by weight: (i) Not more than 0.7 percent
                                                      13 See 19 CFR 351.310(c).                                For example, specifically included in this         of carbon; (ii) 0.5 percent or more but not more than
                                                      14 See 19 CFR 351.303(b)(2)(i).                       scope are vacuum degassed, fully stabilized           1.9 percent of manganese, and (iii) 0.6 percent or
                                                      15 See 19 CFR 351.303(b)(1).                          (commonly referred to as interstitial-free (IF))      more but not more than 2.3 percent of silicon.



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                                                    11754                             Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices

                                                    Electrical Steel From Germany, Japan, and                   purposes only. The written description of the           list of topics included in the
                                                    Poland.19                                                   scope of the investigation is dispositive.              Preliminary Decision Memorandum is
                                                      • Non-Oriented Electrical Steels (NOES), as               [FR Doc. 2016–05001 Filed 3–4–16; 8:45 am]              included as Appendix II to this notice.
                                                    defined in the antidumping orders issued by
                                                                                                                BILLING CODE 3510–DS–P                                  The Preliminary Decision Memorandum
                                                    the U.S. Department of Commerce in Non-
                                                    Oriented Electrical Steel From the People’s                                                                         is a public document and is on file
                                                    Republic of China, Germany, Japan, the                                                                              electronically via Enforcement and
                                                    Republic of Korea, Sweden, and Taiwan.20                    DEPARTMENT OF COMMERCE                                  Compliance’s Antidumping and
                                                      The products subject to this investigation                                                                        Countervailing Duty Centralized
                                                    are currently classified in the Harmonized                  International Trade Administration                      Electronic Service System (ACCESS).
                                                    Tariff Schedule of the United States (HTSUS)                                                                        ACCESS is available to registered users
                                                    under item numbers: 7209.15.0000,                           [A–351–843]
                                                                                                                                                                        at https://access.trade.gov, and to all
                                                    7209.16.0030, 7209.16.0060, 7209.16.0070,
                                                                                                                Certain Cold-Rolled Steel Flat Products                 parties in the Central Records Unit,
                                                    7209.16.0091, 7209.17.0030, 7209.17.0060,
                                                    7209.17.0070, 7209.17.0091, 7209.18.1530,                   From Brazil: Affirmative Preliminary                    Room B8024 of the main Department of
                                                    7209.18.1560, 7209.18.2510, 7209.18.2520,                   Determination of Sales at Less Than                     Commerce building. In addition, a
                                                    7209.18.2580, 7209.18.6020, 7209.18.6090,                   Fair Value, Postponement of Final                       complete version of the Preliminary
                                                    7209.25.0000, 7209.26.0000, 7209.27.0000,                   Determination, and Extension of                         Decision Memorandum can be found at
                                                    7209.28.0000, 7209.90.0000, 7210.70.3000,                   Provisional Measures                                    http://enforcement.trade.gov/frn/. The
                                                    7211.23.1500, 7211.23.2000, 7211.23.3000,                                                                           signed Preliminary Decision
                                                    7211.23.4500, 7211.23.6030, 7211.23.6060,                   AGENCY:   Enforcement and Compliance,                   Memorandum and the electronic
                                                    7211.23.6090, 7211.29.2030, 7211.29.2090,                   International Trade Administration,                     version of the Preliminary Decision
                                                    7211.29.4500, 7211.29.6030, 7211.29.6080,                   Department of Commerce.
                                                    7211.90.0000, 7212.40.1000, 7212.40.5000,                                                                           Memorandum are identical in content.
                                                    7225.50.6000, 7225.50.8080, 7225.99.0090,                   SUMMARY: The Department of Commerce                        On January 27, 2016, the Department
                                                    7226.92.5000, 7226.92.7050, and                             (the Department) preliminarily                          exercised its discretion to toll its
                                                    7226.92.8050. The products subject to the                   determines that certain cold-rolled steel               administrative deadlines due to the
                                                    investigation may also enter under the                      flat products (cold-rolled steel) from                  closure of the Federal Government.
                                                    following HTSUS numbers: 7210.90.9000,                      Brazil are being, or are likely to be, sold             Thus, the deadline for this preliminary
                                                    7212.50.0000, 7215.10.0010, 7215.10.0080,                   in the United States at less than fair                  determination has been extended by
                                                    7215.50.0016, 7215.50.0018, 7215.50.0020,                   value (LTFV), as provided in section                    four business days. The revised
                                                    7215.50.0061, 7215.50.0063, 7215.50.0065,
                                                                                                                733(b) of the Tariff Act of 1930, as                    deadline for this preliminary
                                                    7215.50.0090, 7215.90.5000, 7217.10.1000,
                                                    7217.10.2000, 7217.10.3000, 7217.10.7000,                   amended (the Act). The period of                        determination is February 29, 2016.3
                                                    7217.90.1000, 7217.90.5030, 7217.90.5060,                   investigation (POI) is July 1, 2014,
                                                                                                                                                                        Scope of the Investigation
                                                    7217.90.5090, 7225.19.0000, 7226.19.1000,                   through June 30, 2015. The estimated
                                                    7226.19.9000, 7226.99.0180, 7228.50.5015,                   weighted-average dumping margins of                        The product covered by this
                                                    7228.50.5040, 7228.50.5070, 7228.60.8000,                   sales at LTFV are shown in the                          investigation is cold-rolled steel from
                                                    and 7229.90.1000.                                           ‘‘Preliminary Determination’’ section of                Brazil. For a full description of the
                                                      The HTSUS subheadings above are                           this notice. Interested parties are invited             scope of this investigation, see the
                                                    provided for convenience and U.S. Customs                   to comment on this preliminary                          ‘‘Scope of the Investigation,’’ in
                                                                                                                determination.                                          Appendix I.
                                                       19 See Grain-Oriented Electrical Steel From

                                                    Germany, Japan, and Poland: Final Determinations            DATES:   Effective March 7, 2016.                       Scope Comments
                                                    of Sales at Less Than Fair Value and Certain Final
                                                                                                                FOR FURTHER INFORMATION CONTACT:                          In accordance with the preamble to
                                                    Affirmative Determination of Critical
                                                    Circumstances, 79 FR 42,501, 42,503 (Dep’t of               Hermes Pinilla or Joseph Shuler, AD/                    the Department’s regulations,4 the
                                                    Commerce, July 22, 2014). This determination                CVD Operations, Office I, Enforcement                   Initiation Notice set aside a period of
                                                    defines grain-oriented electrical steel as ‘‘a flat-        and Compliance, International Trade                     time for parties to raise issues regarding
                                                    rolled alloy steel product containing by weight at
                                                    least 0.6 percent but not more than 6 percent of
                                                                                                                Administration, U.S. Department of                      product coverage (i.e., ‘‘scope’’).5
                                                    silicon, not more than 0.08 percent of carbon, not          Commerce, 1401 Constitution Avenue                      Certain interested parties commented on
                                                    more than 1.0 percent of aluminum, and no other             NW., Washington, DC 20230; telephone:                   the scope of the investigation as it
                                                    element in an amount that would give the steel the          (202) 482–3477 or (202) 482–1293,                       appeared in the Initiation Notice, as
                                                    characteristics of another alloy steel, in coils or in
                                                    straight lengths.’’
                                                                                                                respectively.                                           well as additional language proposed by
                                                       20 See Non-Oriented Electrical Steel From the
                                                                                                                SUPPLEMENTARY INFORMATION:                              the Department. For a summary of the
                                                    People’s Republic of China, Germany, Japan, the                                                                     product coverage comments and
                                                    Republic of Korea, Sweden, and Taiwan:                      Background                                              rebuttal responses submitted to the
                                                    Antidumping Duty Orders, 79 FR 71,741, 71,741–
                                                    42 (Dep’t of Commerce, December 3, 2014). The                 The Department published the notice                   record for this preliminary
                                                    orders define NOES as ‘‘cold-rolled, flat-rolled,           of initiation of this investigation on                  determination, and accompanying
                                                    alloy steel products, whether or not in coils,              August 24, 2015.1 For a complete                        discussion and analysis of all comments
                                                    regardless of width, having an actual thickness of                                                                  timely received, see the Preliminary
                                                    0.20 mm or more, in which the core loss is
                                                                                                                description of the events that followed
                                                    substantially equal in any direction of                     the initiation of this investigation, see
                                                    magnetization in the plane of the material. The term        the memorandum that is dated                            Assistant Secretary for Enforcement and
                                                    ‘substantially equal’ means that the cross grain                                                                    Compliance, ‘‘Decision Memorandum for the
                                                                                                                concurrently with this determination                    Preliminary Determination in the Less-Than-Fair-
                                                    direction of core loss is no more than 1.5 times the
                                                                                                                and hereby adopted by this notice.2 A                   Value Investigation of Certain Cold-Rolled Steel
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    straight grain direction (i.e., the rolling direction) of
                                                    core loss. NOES has a magnetic permeability that                                                                    Flat Products from Brazil’’ (Preliminary Decision
                                                    does not exceed 1.65 Tesla when tested at a field             1 See Certain Cold-Rolled Steel Flat Products         Memorandum), dated concurrently with this notice.
                                                                                                                                                                          3 See Memorandum to the Record from Ron
                                                    of 800 A/m (equivalent to 10 Oersteds) along (i.e.,         From Brazil, the People’s Republic of China, India,
                                                    parallel to) the rolling direction of the sheet (i.e.,      Japan, the Republic of Korea, the Netherlands, the      Lorentzen, Acting A/S for Enforcement &
                                                    B800 value). NOES contains by weight more than              Russian Federation, and the United Kingdom:             Compliance, regarding ‘‘Tolling of Administrative
                                                    1.00 percent of silicon but less than 3.5 percent of        Initiation of Less-Than-Fair-Value Investigations, 80   Deadlines As a Result of the Government Closure
                                                    silicon, not more than 0.08 percent of carbon, and          FR 51198 (August 24, 2015) (Initiation Notice).         During Snowstorm ‘Jonas,’ ’’ dated January 27, 2016.
                                                                                                                  2 See Memorandum from Christian Marsh, Deputy           4 See Antidumping Duties; Countervailing Duties,
                                                    not more than 1.5 percent of aluminum. NOES has
                                                    a surface oxide coating, to which an insulation             Assistant Secretary for Antidumping and                 62 FR 27296, 27323 (May 19, 1997).
                                                    coating may be applied.’’                                   Countervailing Duty Operations, to Paul Piquado,          5 See Initiation Notice, 80 FR at 51199.




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Document Created: 2018-02-02 15:07:54
Document Modified: 2018-02-02 15:07:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective March 7, 2016.
ContactScott Hoefke or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4947 or (202) 482-0679, respectively.
FR Citation81 FR 11751 

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