81 FR 11754 - Certain Cold-Rolled Steel Flat Products From Brazil: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 44 (March 7, 2016)
International Trade Administration
Federal Register Volume 81, Issue 44 (March 7, 2016)
| Page Range | 11754-11757 | |
| FR Document | 2016-05008 |
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)] [Notices] [Pages 11754-11757] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05008] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-351-843] Certain Cold-Rolled Steel Flat Products From Brazil: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that certain cold-rolled steel flat products (cold-rolled steel) from Brazil are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is July 1, 2014, through June 30, 2015. The estimated weighted-average dumping margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination. DATES: Effective March 7, 2016. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Joseph Shuler, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-1293, 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 memorandum that is dated concurrently with this determination and hereby adopted by this notice.\2\ A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Certain Cold-Rolled Steel Flat Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Netherlands, the Russian Federation, and the United Kingdom: Initiation of Less-Than-Fair-Value Investigations, 80 FR 51198 (August 24, 2015) (Initiation Notice). \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for the Preliminary Determination in the Less- Than-Fair-Value Investigation of Certain Cold-Rolled Steel Flat Products from Brazil'' (Preliminary Decision Memorandum), dated concurrently with this notice. --------------------------------------------------------------------------- On January 27, 2016, the Department exercised its discretion to toll its administrative deadlines due to the closure of the Federal Government. Thus, the deadline for this preliminary determination has been extended by four business days. The revised deadline for this preliminary determination is February 29, 2016.\3\ --------------------------------------------------------------------------- \3\ See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm `Jonas,' '' dated January 27, 2016. --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is cold-rolled steel from Brazil. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I. Scope Comments In accordance with the preamble to the Department's regulations,\4\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., ``scope'').\5\ Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice, as well as additional language proposed by the Department. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary [[Page 11755]] Scope Decision Memorandum.\6\ The Department is preliminarily not modifying the scope language as it appeared in the Initiation Notice. --------------------------------------------------------------------------- \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). \5\ See Initiation Notice, 80 FR at 51199. \6\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Cold-Rolled Steel Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: Scope Comments Decision Memorandum for the Preliminary Determinations'' (Preliminary Scope Decision Memorandum), dated concurrently with this preliminary determination. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Export prices have been calculated in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all- others rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. For purposes of this preliminary determination, we are assigning as the ``all-others'' rate the rate of 34.95 percent, which is based on the estimated dumping margin calculated for Companhia Siderurgica Nacional (CSN), the only mandatory respondent for which we calculated a dumping margin, less export subsidies.\7\ --------------------------------------------------------------------------- \7\ See memorandum entitled, ``Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products from Brazil: Calculation of All-Others Rate'' (All-Others Rate Memorandum), dated February 29, 2016. --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that the following weighted-average dumping margins exist: ------------------------------------------------------------------------ Weighted- average Exporter/producer margin (percent) ------------------------------------------------------------------------ Companhia Siderurgica Nacional.............................. 38.93 Usinas Siderurgicas de Minas Gerais S.A. (Usiminas)......... 38.93 All-Others.................................................. 38.93 ------------------------------------------------------------------------ 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 Brazil as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which the NV exceeds U.S. price, adjusted where appropriate for export subsidies, as follows: (1) The rates for CSN and Usiminas, when adjusted for export subsidies, are 34.8 and 35.11 percent, respectively; (2) if the exporter is not a firm identified in this investigation, but the producer is, the rate will be the rate established for the producer of the subject merchandise, less export subsidies; (3) the rate for all other producers or exporters when adjusted for export subsidies is 34.95 percent.\8\ These suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \8\ See Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From Brazil: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 80 FR 79569 (Dec. 22, 2015) and the accompanying preliminary decision memorandum, dated December 15, 2015; see also the All-Others Rate Memorandum. --------------------------------------------------------------------------- Disclosure We will disclose the calculations performed to interested parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties are invited to comment on this preliminary determination. Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \9\ See 19 CFR 351.309. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.\10\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \10\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, we intend to verify information relied upon in making our final determination. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On February 22, and February 25, 2016, pursuant to 19 CFR 351.210(e), CSN and Usiminas requested that the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.\11\ --------------------------------------------------------------------------- \11\ See Letter to the Secretary of Commerce from CSN, ``Request for Postponement of Final Determinations,'' (February 22, 2016). See also letter to the Secretary of Commerce from Usiminas, ``Cold- Rolled and Hot-Rolled Steel Flat Products from Brazil; Request for Postponement of Final Determinations,'' (February 25, 2016). --------------------------------------------------------------------------- [[Page 11756]] In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.\12\ --------------------------------------------------------------------------- \12\ See also 19 CFR 351.210(e). --------------------------------------------------------------------------- International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we are notifying the ITC of our affirmative preliminary determination of sales at LTFV. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: February 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--Scope of the Investigation The products covered by this investigation are certain cold- rolled (cold-reduced), flat-rolled steel products, whether or not annealed, painted, varnished, or coated with plastics or other non- metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (``width'') of 12.7 mm or greater, regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products covered also include products not in coils (e.g., in straight lengths) of a thickness of 4.75 mm or more and a width exceeding 150 mm and measuring at least twice the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non- rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above, and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross- section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated:2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.00 percent of nickel, or 0.30 percent of tungsten (also called wolfram), or 0.80 percent of molybdenum, or 0.10 percent of niobium (also called columbium), or 0.30 percent of vanadium, or 0.30 percent of zirconium Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial- free (IF)) steels, high strength low alloy (HSLA) steels, motor lamination steels, Advanced High Strength Steels (AHSS), and Ultra High Strength Steels (UHSS). IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/ or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Motor lamination steels contain micro-alloying levels of elements such as silicon and aluminum. AHSS and UHSS are considered high tensile strength and high elongation steels, although AHSS and UHSS are covered whether or not they are high tensile strength or high elongation steels. Subject merchandise includes cold-rolled steel that has been further processed in a 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; \13\ --------------------------------------------------------------------------- \13\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- Tool steels; \14\ --------------------------------------------------------------------------- \14\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steel; \15\ --------------------------------------------------------------------------- \15\ Silico-manganese steel is defined as steels containing by weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or more but not more than 1.9 percent of manganese, and (iii) 0.6 percent or more but not more than 2.3 percent of silicon. --------------------------------------------------------------------------- Grain-oriented electrical steels (GOES) as defined in the final determination of the U.S. Department of Commerce in Grain- Oriented Electrical Steel From Germany, Japan, and Poland.\16\ --------------------------------------------------------------------------- \16\ Grain-Oriented Electrical Steel From Germany, Japan, and Poland: Final Determinations of Sales at Less Than Fair Value and Certain Final Affirmative Determination of Critical Circumstances, 79 FR 42,501, 42,503 (Dep't of Commerce, July 22, 2014). This determination defines grain-oriented electrical steel as ``a flat- rolled alloy steel product containing by weight at least 0.6 percent but not more than 6 percent of silicon, not more than 0.08 percent of carbon, not more than 1.0 percent of aluminum, and no other element in an amount that would give the steel the characteristics of another alloy steel, in coils or in straight lengths.'' --------------------------------------------------------------------------- Non-Oriented Electrical Steels (NOES), as defined in the antidumping orders issued by the U.S. Department of Commerce in Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\17\ --------------------------------------------------------------------------- \17\ Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan: Antidumping Duty Orders, 79 FR 71,741, 71,741-42 (Dep't of Commerce, Dec. 3, 2014). The orders define NOES as ``cold-rolled, flat-rolled, alloy steel products, whether or not in coils, regardless of width, having an actual thickness of 0.20 mm or more, in which the core loss is substantially equal in any direction of magnetization in the plane of the material. The term `substantially equal' means that the cross grain direction of core loss is no more than 1.5 times the straight grain direction (i.e., the rolling direction) of core loss. NOES has a magnetic permeability that does not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e., parallel to) the rolling direction of the sheet (i.e., B800 value). NOES contains by weight more than 1.00 percent of silicon but less than 3.5 percent of silicon, not more than 0.08 percent of carbon, and not more than 1.5 percent of aluminum. NOES has a surface oxide coating, to which an insulation coating may be applied.'' --------------------------------------------------------------------------- [[Page 11757]] The products subject to this investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The products subject to the investigation may also enter under the following HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings above are provided for convenience and U.S. Customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. All-Others Rate VI. Discussion of Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis C. Application of Facts Available and Adverse Inferences VII. Date of Sale VIII. Product Comparisons IX. Constructed Export Price X. Normal Value A. Comparison Market Viability B. Affiliated Party Transactions and Arm's-Length Test C. Level of Trade D. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test E. Calculation of NV Based on Comparison-Market Prices XI. Currency Conversion XII. Conclusion [FR Doc. 2016-05008 Filed 3-4-16; 8:45 am] BILLING CODE 3510-DS-P
![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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![Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices 11757
The products subject to this investigation XII. Conclusion the Preliminary Decision Memorandum
are currently classified in the Harmonized [FR Doc. 2016–05008 Filed 3–4–16; 8:45 am] is included as Appendix II to this
Tariff Schedule of the United States (HTSUS) notice. The Preliminary Decision
BILLING CODE 3510–DS–P
under item numbers: 7209.15.0000, Memorandum is a public document and
7209.16.0030, 7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030, 7209.17.0060,
is on file electronically via Enforcement
7209.17.0070, 7209.17.0091, 7209.18.1530, DEPARTMENT OF COMMERCE and Compliance’s Antidumping and
7209.18.1560, 7209.18.2510, 7209.18.2520, Countervailing Duty Centralized
7209.18.2580, 7209.18.6020, 7209.18.6090, International Trade Administration Electronic Service System (ACCESS).
7209.25.0000, 7209.26.0000, 7209.27.0000, [A–580–881] ACCESS is available to registered users
7209.28.0000, 7209.90.0000, 7210.70.3000, at https://access.trade.gov, and to all
7211.23.1500, 7211.23.2000, 7211.23.3000, Certain Cold-Rolled Steel Flat Products parties in the Central Records Unit,
7211.23.4500, 7211.23.6030, 7211.23.6060, From the Republic of Korea: Room B8024 of the main Department of
7211.23.6090, 7211.29.2030, 7211.29.2090, Commerce building. In addition, a
7211.29.4500, 7211.29.6030, 7211.29.6080,
Affirmative Preliminary Determination
7211.90.0000, 7212.40.1000, 7212.40.5000, of Sales at Less Than Fair Value and complete version of the Preliminary
7225.50.6000, 7225.50.8080, 7225.99.0090, Postponement of Final Determination Decision Memorandum can be found at
7226.92.5000, 7226.92.7050, and http://enforcement.trade.gov/frn/. The
AGENCY: Enforcement and Compliance, signed Preliminary Decision
7226.92.8050. The products subject to the
investigation may also enter under the International Trade Administration, Memorandum and the electronic
following HTSUS numbers: 7210.90.9000, Department of Commerce. version of the Preliminary Decision
7212.50.0000, 7215.10.0010, 7215.10.0080, SUMMARY: The Department of Commerce Memorandum are identical in content.
7215.50.0016, 7215.50.0018, 7215.50.0020, (the Department) preliminarily As explained in the memorandum
7215.50.0061, 7215.50.0063, 7215.50.0065, determines that certain cold-rolled steel from the Acting Assistant Secretary for
7215.50.0090, 7215.90.5000, 7217.10.1000, flat products (cold-rolled steel) from the Enforcement & Compliance, the
7217.10.2000, 7217.10.3000, 7217.10.7000,
Republic of Korea (Korea) are being, or Department has exercised its discretion
7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.19.0000, 7226.19.1000, are likely to be, sold in the United States to toll all administrative deadlines due
7226.19.9000, 7226.99.0180, 7228.50.5015, at less than fair value (LTFV), as to the recent closure of the Federal
7228.50.5040, 7228.50.5070, 7228.60.8000, provided in section 733(b) of the Tariff Government. All deadlines in this
and 7229.90.1000. Act of 1930, as amended (the Act). The segment of the proceeding have been
The HTSUS subheadings above are period of investigation (POI) is July 1, extended by four business days. The
provided for convenience and U.S. Customs 2014, through June 30, 2015. The revised deadline for the preliminary
purposes only. The written description of the estimated weighted-average dumping determination of this investigation is
scope of the investigation is dispositive. margins of sales at LTFV are shown in now February 29, 2016.3
Appendix II—List of Topics Discussed the ‘‘Preliminary Determination’’
section of this notice. Interested parties Scope of the Investigation
in the Preliminary Decision
Memorandum are invited to comment on this The product covered by this
preliminary determination. investigation is cold-rolled steel from
I. Summary Korea. For a full description of the
II. Background DATES: Effective March 7, 2016.
FOR FURTHER INFORMATION CONTACT:
scope of this investigation, see the
III. Period of Investigation
IV. Scope of the Investigation Victoria Cho or Steve Bezirganian, AD/ ‘‘Scope of the Investigation,’’ in
V. All-Others Rate CVD Operations, Office VI, Enforcement Appendix I.
VI. Discussion of Methodology and Compliance, International Trade Scope Comments
A. Determination of the Comparison Administration, U.S. Department of
Method In accordance with the preamble to
Commerce, 14th Street and Constitution the Department’s regulations,4 the
B. Results of the Differential Pricing
Analysis Avenue NW., Washington, DC 20230; Initiation Notice set aside a period of
C. Application of Facts Available and telephone: (202) 482–5075 or (202) 482– time for parties to raise issues regarding
Adverse Inferences 1131. product coverage (i.e., ‘‘scope’’).5
VII. Date of Sale SUPPLEMENTARY INFORMATION: Certain interested parties commented on
VIII. Product Comparisons
Background the scope of the investigation as it
IX. Constructed Export Price
X. Normal Value appeared in the Initiation Notice, as
The Department published the notice well as additional language proposed by
A. Comparison Market Viability of initiation of this investigation on
B. Affiliated Party Transactions and Arm’s- the Department. For a summary of the
Length Test
August 24, 2015.1 For a complete product coverage comments and
C. Level of Trade description of the events that followed rebuttal responses submitted to the
D. Cost of Production Analysis the initiation of this investigation, see record for this preliminary
1. Calculation of COP the Preliminary Decision Memorandum determination, and accompanying
2. Test of Comparison Market Sales Prices that is dated concurrently with this
3. Results of the COP Test determination and hereby adopted by Preliminary Determination in the Less-Than-Fair-
E. Calculation of NV Based on Comparison- this notice.2 A list of topics included in Value Investigation of Certain Cold-Rolled Steel
Market Prices Flat Products from the Republic of Korea’’
XI. Currency Conversion 1 See Certain Cold-Rolled Steel Flat Products (Preliminary Decision Memorandum), dated
asabaliauskas on DSK3SPTVN1PROD with NOTICES
From Brazil, the People’s Republic of China, India, concurrently with this notice.
3 See Memorandum to the Record from Ron
tested at a field of 800 A/m (equivalent to 10 Japan, the Republic of Korea, the Netherlands, the
Oersteds) along (i.e., parallel to) the rolling Russian Federation, and the United Kingdom: Lorentzen, Acting Assistant Secretary for
direction of the sheet (i.e., B800 value). NOES Initiation of Less-Than-Fair-Value Investigations, 80 Enforcement & Compliance, regarding ‘‘Tolling of
contains by weight more than 1.00 percent of FR 51198 (August 24, 2015) (Initiation Notice). Administrative Deadlines As a Result of the
silicon but less than 3.5 percent of silicon, not more 2 See Memorandum from Christian Marsh, Deputy Government Closure During Snowstorm Jonas,’’
than 0.08 percent of carbon, and not more than 1.5 Assistant Secretary for Antidumping and dated January 27, 2016.
4 See Antidumping Duties; Countervailing Duties,
percent of aluminum. NOES has a surface oxide Countervailing Duty Operations, to Paul Piquado,
coating, to which an insulation coating may be Assistant Secretary for Enforcement and 62 FR 27296, 27323 (May 19, 1997).
applied.’’ Compliance, ‘‘Decision Memorandum for the 5 See Initiation Notice, 80 FR at 51199.
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Document Created: 2018-02-02 15:07:47
Document Modified: 2018-02-02 15:07:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective March 7, 2016. | |
| Contact | Hermes Pinilla or Joseph Shuler, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-1293, respectively. | |
| FR Citation | 81 FR 11754 |
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