81 FR 11757 - Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination
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 | 11757-11760 | |
| FR Document | 2016-05006 |
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)] [Notices] [Pages 11757-11760] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05006] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-881] Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination 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 Republic of Korea (Korea) 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: Victoria Cho or Steve Bezirganian, 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- 5075 or (202) 482-1131. 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 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 the Republic of Korea'' (Preliminary Decision Memorandum), dated concurrently with this notice. --------------------------------------------------------------------------- As explained in the memorandum from the Acting Assistant Secretary for Enforcement & Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary determination of this investigation is now February 29, 2016.\3\ --------------------------------------------------------------------------- \3\ See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016. --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is cold-rolled steel from Korea. 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 [[Page 11758]] discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.\6\ The Department is preliminarily not modifying the scope language as it appeared in the Initiation Notice. --------------------------------------------------------------------------- \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). \5\ See Initiation Notice, 80 FR at 51199. \6\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Cold-Rolled Steel Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: Scope Comments Decision Memorandum for the Preliminary Determinations'' dated concurrently with this preliminary determination. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Export prices have been calculated in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. All-Others Rate 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.\7\ --------------------------------------------------------------------------- \7\ With two respondents, we would normally calculate (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration. We would compare (B) and (C) to (A) and select the rate closest to (A) as the most appropriate rate for all other companies. See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). --------------------------------------------------------------------------- In this investigation, we calculated weighted-average dumping margins for Hyundai Steel Company and for Daewoo International Corporation and POSCO \8\ that are above de minimis and which are not based on total facts available. We calculated the all-others rate using a simple average of the dumping margins calculated for the mandatory respondents because complete publicly ranged sales data were not available.\9\ --------------------------------------------------------------------------- \8\ We are collapsing the mandatory respondent Daewoo International Corporation (DWI) and POSCO. See the Preliminary Decision Memorandum. \9\ See, e.g., Large Power Transformers From the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 77 FR 9204 (February 16, 2012), unchanged in Final Determination of Sales at Less Than Fair Value, 77 FR 40857, 40858 (July 11, 2012). --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that the following weighted-average dumping margins exist: ------------------------------------------------------------------------ Weighted- average Exporter/producer margin (percent) ------------------------------------------------------------------------ Hyundai Steel Company....................................... 2.17 POSCO and Daewoo International Corporation.................. 6.89 All-Others.................................................. 4.53 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of cold-rolled steel from Korea, as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which the NV exceeds U.S. price as indicated in the chart above,\10\ adjusted where appropriate for export subsidies.\11\ The Department has preliminarily determined in its companion countervailing duty investigation of cold-rolled steel from Korea that subject merchandise exported by POSCO did not benefit from export subsidies.\12\ As a result, the Department will make no adjustment to the cash deposit rates. The suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \10\ 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). \11\ See section 772(c)(1)(C) of the Act. Unlike in administrative reviews, the Department calculates the adjustment for export subsidies in investigations not in the margin calculation program, but in the cash deposit instructions issued to CBP. See Notice of Final Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and accompanying Issues and Decision Memorandum at Comment 1. \12\ See Countervailing Duty Investigation of Certain Cold- Rolled Steel Flat Products From the Republic of Korea: Preliminary Negative Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 80 FR 79567 (December 22, 2015). --------------------------------------------------------------------------- Disclosure We will disclose the calculations performed to interested parties in this proceeding within five days of the date of public announcement of this preliminary determination 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.\13\ 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. --------------------------------------------------------------------------- \13\ 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.\14\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Verification --------------------------------------------------------------------------- \14\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- As provided in section 782(i) of the Act, we intend to verify information relied upon in making our final determination. [[Page 11759]] Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On February 3, 2016, pursuant to 19 CFR 351.210(b) and (e), DWI (and affiliate POSCO) and Hyundai Steel Company requested that, contingent upon an affirmative preliminary determination of sales at LTFV for the respondents, the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.\15\ --------------------------------------------------------------------------- \15\ See Letter to the Secretary of Commerce from Daewoo International Corporation and POSCO, ``Request to Postpone the Final Determination'' (February 3, 2016) and also Letter to the Secretary of Commerce from POSCO, ``Request to Postpone the Final Determination'' (February 3, 2016). --------------------------------------------------------------------------- In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative, in part; (2) the requesting exporters account 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.\16\ --------------------------------------------------------------------------- \16\ 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; \17\ --------------------------------------------------------------------------- \17\ 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; \18\ --------------------------------------------------------------------------- \18\ 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. --------------------------------------------------------------------------- [[Page 11760]] Silico-manganese steel; \19\ --------------------------------------------------------------------------- \19\ 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.\20\ --------------------------------------------------------------------------- \20\ 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 42501, 42503 (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.\21\ --------------------------------------------------------------------------- \21\ 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 71741, 71741-42 (Dep't of Commerce, Dec. 3, 2014). The orders define NOES as ``cold-rolled, flat-rolled, alloy steel products, whether or not in coils, regardless of width, having an actual thickness of 0.20 mm or more, in which the core loss is substantially equal in any direction of magnetization in the plane of the material. The term `substantially equal' means that the cross grain direction of core loss is no more than 1.5 times the straight grain direction (i.e., the rolling direction) of core loss. NOES has a magnetic permeability that does not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e., parallel to) the rolling direction of the sheet (i.e., B800 value). NOES contains by weight more than 1.00 percent of silicon but less than 3.5 percent of silicon, not more than 0.08 percent of carbon, and not more than 1.5 percent of aluminum. NOES has a surface oxide coating, to which an insulation coating may be applied.'' --------------------------------------------------------------------------- The products subject to this investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The products subject to the investigation may also enter under the following HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings above are provided for convenience and U.S. Customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. All-Others Rate VI. Affiliation and Collapsing VII. Discussion of Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VIII. Date of Sale IX. Product Comparisons X. Export Price and Constructed Export Price XI. Normal Value A. Comparison Market Viability B. Affiliated Party Transactions and Arm's-Length Test C. Level of Trade D. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test E. Calculation of NV Based on Comparison-Market Prices XII. Currency Conversion XIII. Adjustments to Cash Deposit Rates for Export Subsidies in Companion Countervailing Duty Investigation XIV. Conclusion [FR Doc. 2016-05006 Filed 3-4-16; 8:45 am] BILLING CODE 3510-DS-P
![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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![11760 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
• Silico-manganese steel; 19 7217.10.2000, 7217.10.3000, 7217.10.7000, ADDRESSES: The meeting will be held at
• Grain-oriented electrical steels (GOES) as 7217.90.1000, 7217.90.5030, 7217.90.5060, the Crowne Plaza, 81 Greenwich Ave.,
defined in the final determination of the U.S. 7217.90.5090, 7225.19.0000, 7226.19.1000, Warwick, RI 02886; telephone: (401)
Department of Commerce in Grain-Oriented 7226.19.9000, 7226.99.0180, 7228.50.5015,
7228.50.5040, 7228.50.5070, 7228.60.8000,
732–6000; fax: (401) 732–0261.
Electrical Steel From Germany, Japan, and
and 7229.90.1000. Council address: New England
Poland.20
• Non-Oriented Electrical Steels (NOES), The HTSUS subheadings above are Fishery Management Council, 50 Water
as defined in the antidumping orders issued provided for convenience and U.S. Customs Street, Mill 2, Newburyport, MA 01950.
by the U.S. Department of Commerce in Non- purposes only. The written description of the FOR FURTHER INFORMATION CONTACT:
Oriented Electrical Steel From the People’s scope of the investigation is dispositive. Thomas A. Nies, Executive Director,
Republic of China, Germany, Japan, the Appendix II—List of Topics Discussed New England Fishery Management
Republic of Korea, Sweden, and Taiwan.21 Council; telephone: (978) 465–0492.
The products subject to this investigation
in the Preliminary Decision
Memorandum SUPPLEMENTARY INFORMATION:
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) I. Summary Agenda
under item numbers: 7209.15.0000, II. Background
7209.16.0030, 7209.16.0060, 7209.16.0070, The Committee will review the
III. Period of Investigation
7209.16.0091, 7209.17.0030, 7209.17.0060, IV. Scope of the Investigation general workload for 2016 based on
7209.17.0070, 7209.17.0091, 7209.18.1530, V. All-Others Rate Council priorities and will discuss
7209.18.1560, 7209.18.2510, 7209.18.2520, VI. Affiliation and Collapsing recommendations for the Council to
7209.18.2580, 7209.18.6020, 7209.18.6090, VII. Discussion of Methodology consider for setting overall five year
7209.25.0000, 7209.26.0000, 7209.27.0000, A. Determination of the Comparison research priorities. The Committee will
7209.28.0000, 7209.90.0000, 7210.70.3000, Method also review outcomes from the recent
7211.23.1500, 7211.23.2000, 7211.23.3000, B. Results of the Differential Pricing scallop workshop and may discuss
7211.23.4500, 7211.23.6030, 7211.23.6060, Analysis
7211.23.6090, 7211.29.2030, 7211.29.2090, VIII. Date of Sale recommendations for the Council to
7211.29.4500, 7211.29.6030, 7211.29.6080, IX. Product Comparisons consider in future actions. The
7211.90.0000, 7212.40.1000, 7212.40.5000, X. Export Price and Constructed Export Price Committee will review a work plan for
7225.50.6000, 7225.50.8080, 7225.99.0090, XI. Normal Value the required five year report that will
7226.92.5000, 7226.92.7050, and A. Comparison Market Viability evaluate the limited access general
7226.92.8050. The products subject to the B. Affiliated Party Transactions and Arm’s- category IFQ program. Other business
investigation may also enter under the Length Test may be discussed.
following HTSUS numbers: 7210.90.9000, C. Level of Trade
7212.50.0000, 7215.10.0010, 7215.10.0080, D. Cost of Production Analysis Special Accommodations
7215.50.0016, 7215.50.0018, 7215.50.0020, 1. Calculation of COP
2. Test of Comparison Market Sales Prices This meeting is physically accessible
7215.50.0061, 7215.50.0063, 7215.50.0065, to people with disabilities. Requests for
7215.50.0090, 7215.90.5000, 7217.10.1000, 3. Results of the COP Test
E. Calculation of NV Based on Comparison- sign language interpretation or other
19 Silico-manganese steel is defined as steels
Market Prices auxiliary aids should be directed to
containing by weight: (i) Not more than 0.7 percent XII. Currency Conversion Thomas A. Nies, Executive Director, at
of carbon; (ii) 0.5 percent or more but not more than XIII. Adjustments to Cash Deposit Rates for (978) 465–0492, at least 5 days prior to
1.9 percent of manganese, and (iii) 0.6 percent or Export Subsidies in Companion the meeting date.
more but not more than 2.3 percent of silicon. Countervailing Duty Investigation
20 Grain-Oriented Electrical Steel From Germany, XIV. Conclusion Authority: 16 U.S.C. 1801 et seq.
Japan, and Poland: Final Determinations of Sales at [FR Doc. 2016–05006 Filed 3–4–16; 8:45 am] Dated: March 2, 2016.
Less Than Fair Value and Certain Final Affirmative
Determination of Critical Circumstances, 79 FR BILLING CODE 3510–DS–P Tracey L. Thompson,
42501, 42503 (Dep’t of Commerce, July 22, 2014). Acting Deputy Director, Office of Sustainable
This determination defines grain-oriented electrical Fisheries, National Marine Fisheries Service.
steel as ‘‘a flat-rolled alloy steel product containing DEPARTMENT OF COMMERCE [FR Doc. 2016–04990 Filed 3–4–16; 8:45 am]
by weight at least 0.6 percent but not more than 6
percent of silicon, not more than 0.08 percent of BILLING CODE 3510–22–P
carbon, not more than 1.0 percent of aluminum, and
National Oceanic and Atmospheric
no other element in an amount that would give the Administration
steel the characteristics of another alloy steel, in DEPARTMENT OF COMMERCE
coils or in straight lengths.’’ New England Fishery Management
21 Non-Oriented Electrical Steel From the Council; Public Meeting National Oceanic and Atmospheric
People’s Republic of China, Germany, Japan, the
Republic of Korea, Sweden, and Taiwan: AGENCY: National Marine Fisheries Administration
Antidumping Duty Orders, 79 FR 71741, 71741–42 Service (NMFS), National Oceanic and
(Dep’t of Commerce, Dec. 3, 2014). The orders Atmospheric Administration (NOAA), New England Fishery Management
define NOES as ‘‘cold-rolled, flat-rolled, alloy steel Council; Public Meeting
products, whether or not in coils, regardless of Commerce.
width, having an actual thickness of 0.20 mm or ACTION: Notice; public meeting. AGENCY: National Marine Fisheries
more, in which the core loss is substantially equal Service (NMFS), National Oceanic and
in any direction of magnetization in the plane of the SUMMARY: The New England Fishery Atmospheric Administration (NOAA),
material. The term ‘substantially equal’ means that Management Council (Council) is
the cross grain direction of core loss is no more than Commerce.
1.5 times the straight grain direction (i.e., the rolling scheduling a public meeting of its
ACTION: Notice; public meeting.
Scallop Committee Meeting on
asabaliauskas on DSK3SPTVN1PROD with NOTICES
direction) of core loss. NOES has a magnetic
permeability that does not exceed 1.65 Tesla when Wednesday, March 23, 2016, to consider SUMMARY: The New England Fishery
tested at a field of 800 A/m (equivalent to 10 actions affecting New England fisheries
Oersteds) along (i.e., parallel to) the rolling
Management Council (Council) is
direction of the sheet (i.e., B800 value). NOES in the exclusive economic zone (EEZ). scheduling a public meeting of its
contains by weight more than 1.00 percent of Recommendations from this group will Scallop Advisory Panel on Tuesday,
silicon but less than 3.5 percent of silicon, not more be brought to the full Council for formal March 22, 2016, to consider actions
than 0.08 percent of carbon, and not more than 1.5 consideration and action, if appropriate.
percent of aluminum. NOES has a surface oxide
affecting New England fisheries in the
coating, to which an insulation coating may be DATES: The meeting will be held on exclusive economic zone (EEZ).
applied.’’ Wednesday, March 23, 2016 at 9:30 a.m. Recommendations from this group will
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Document Created: 2018-02-02 15:08:05
Document Modified: 2018-02-02 15:08:05
| 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 | Victoria Cho or Steve Bezirganian, 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- 5075 or (202) 482-1131. | |
| FR Citation | 81 FR 11757 |
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