81 FR 12072 - Certain Cold-Rolled Steel Flat Products from the Russian Federation: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 45 (March 8, 2016)
International Trade Administration
Federal Register Volume 81, Issue 45 (March 8, 2016)
| Page Range | 12072-12075 | |
| FR Document | 2016-05000 |
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)] [Notices] [Pages 12072-12075] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05000] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-821-822] Certain Cold-Rolled Steel Flat Products from the Russian Federation: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, 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 cold-rolled steel flat products (``cold-rolled steel'') from the Russian Federation (``Russia'') 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 8, 2016. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, Eve Wang, or Alex Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4243, (202) 482-6231, or (202) 482-7814, 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 Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products from the Russian Federation'' (``Preliminary Decision Memorandum''), dated concurrently with this notice. --------------------------------------------------------------------------- As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines as a result of the closure of the Federal Government for Snowstorm Jonas.\3\ 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\ See Memorandum to the file from Ron Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``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 Russia. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I. Scope Comments In accordance with the preamble to the Department's regulations,\4\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., ``scope'').\5\ Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice, as well as additional language proposed by the Department. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.\6\ The Department is preliminarily not modifying the scope language as it appeared in the Initiation Notice. --------------------------------------------------------------------------- \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). \5\ See Initiation Notice, 80 FR at 51199. \6\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Cold-Rolled Steel Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: Scope Comments Decision Memorandum for the Preliminary Determinations'' dated concurrently with this preliminary determination. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Export prices have been calculated in accordance with section 772(a) of the Act. 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. Preliminary Affirmative Determination of Critical Circumstances On October 30, 2015, Petitioners filed a timely critical circumstances allegation, pursuant to section 773(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical circumstances exist with respect to imports of the merchandise under consideration.\7\ In accordance with 19 CFR 351.206(c)(2)(i), when a critical circumstances allegation is submitted more than 20 days before the scheduled date of the preliminary determination, the Department must issue a preliminary finding whether there is a reasonable basis to believe or suspect that critical circumstances exist no later than the date of the preliminary [[Page 12073]] determination. We have conducted an analysis of critical circumstances in accordance with section 733(e) of the Act and 19 CFR 351.206, and preliminarily determine that: (1) There is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise in accordance with section 733(e)(1)(A)(i) of the Act; and (2) imports of the subject merchandise have been massive over a relatively short period in accordance with section 733(e)(1)(B) of the Act. Therefore, we preliminarily determine that critical circumstances exist for all Russian producers/exporters of subject merchandise. For a full description of the methodology and results of our analysis, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \7\ See letter from Petitioners, ``Certain Cold-Rolled Steel Flat Products From The People's Republic of China, Japan, and the Russian Federation: Petitioners' Critical Circumstances Allegation,'' dated October 30, 2015. --------------------------------------------------------------------------- All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all- others rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely under section 776 of the Act. We based our calculation of the all-others rate on the margins calculated for Severstal Export GmbH and PAO Severstal (collectively ``Severstal'') and Novex Trading (Swiss) SA and Novolipetsk Steel OJSC (collectively ``NLMK''), the two mandatory respondents in this investigation. Preliminary Determination The Department preliminarily determines that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Weighted- average Exporter/producer margin (percent) ------------------------------------------------------------------------ Severstal Export GmbH and PAO Severstal................. 12.62 Novex Trading (Swiss) SA and Novolipetsk Steel OJSC..... 16.89 All Others.............................................. 14.76 ------------------------------------------------------------------------ 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 Russia 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.\8\ These suspension-of-liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \8\ The Department's companion countervailing duty investigation of cold-rolled steel flat products from the Russian Federation did not find that producers/exporters of covered merchandise received countervailable benefits by virtue of export subsidies. See Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From the Russian Federation: Preliminary Affirmative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 80 FR 79564 (December 22, 2015) and accompanying Issues and Decision Memorandum. Therefore, we made no adjustments to the deposit rates for Severstal, NLMK or the companies subject to the all-others rate. --------------------------------------------------------------------------- Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. As described above, we preliminarily find that critical circumstances exist for imports produced or exported by all Russian exporters. Therefore, 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. 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, 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. --------------------------------------------------------------------------- \10\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, we intend to verify information relied upon in making our final determination. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On February 23, 2016, pursuant to 19 CFR 351.210(b) and (e), Severstal requested that, contingent upon an affirmative preliminary determination of sales at LTFV for the respondents, the Department postpone the final [[Page 12074]] determination and that provisional measures be extended to a period not to exceed six months.\11\ --------------------------------------------------------------------------- \11\ See Letter from Severstal, ``Certain Cold-Rolled Steel Flat Products from the Russian Federation: Severstal's Request for Postponement of Final Determination,'' dated February 23, 2016. --------------------------------------------------------------------------- In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting 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: [middot] 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. --------------------------------------------------------------------------- [middot] 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. --------------------------------------------------------------------------- [middot] 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. --------------------------------------------------------------------------- [middot] 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.'' --------------------------------------------------------------------------- [middot] 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 12075]] 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. Postponement of Final Determination and Extension of Provisional Measures V. Scope of the Investigation VI. Preliminary Determination of Critical Circumstances A. Legal Framework B. Critical Circumstances Allegation C. Analysis VII. Application of Facts Available and Use of Adverse Inferences VIII. Discussion of Methodology A. Determination of Comparison Method B. Results of the Differential Pricing Analysis IX. Product Comparisons X. Date of Sale XI. Export Price XII. 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 Cost of Production 2. Test of Comparison Market Sale Prices 3. Results of the COP Test E. Calculation of NV Based on Comparison Market Prices XIII. Currency Conversion XIV. U.S. International Trade Commission Notification XV. Disclosure and Public Comment XVI. Verification XVII. Conclusion [FR Doc. 2016-05000 Filed 3-7-16; 8:45 am] BILLING CODE 3510-DS-P
![12072 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices
than 5:00 p.m. EST on Friday, May 13, August 24, 2015.1 For a complete Scope Comments
2016, to ensure transmission to the description of the events that followed In accordance with the preamble to
Committee prior to the meeting. the initiation of this investigation, see the Department’s regulations,4 the
Comments received after that date will the memorandum that is dated Initiation Notice set aside a period of
be distributed to the members but may concurrently with this determination time for parties to raise issues regarding
not be considered at the meeting. and hereby adopted by this notice.2 A product coverage (i.e., ‘‘scope’’).5
Copies of RE&EEAC meeting minutes list of topics included in the Certain interested parties commented on
will be available within 30 days Preliminary Decision Memorandum is the scope of the investigation as it
following the meeting. included as Appendix II to this notice. appeared in the Initiation Notice, as
Dated: March 2, 2016. The Preliminary Decision Memorandum well as additional language proposed by
Adam O’Malley, is a public document and is on file the Department. For a summary of the
Director, Office of Energy and Environmental electronically via Enforcement and product coverage comments and
Industries. Compliance’s Antidumping and rebuttal responses submitted to the
[FR Doc. 2016–05189 Filed 3–7–16; 8:45 am] Countervailing Duty Centralized record for this preliminary
BILLING CODE 3510–DR–P Electronic Service System (‘‘ACCESS’’). determination, and accompanying
ACCESS is available to registered users discussion and analysis of all comments
at https://access.trade.gov, and to all timely received, see the Preliminary
DEPARTMENT OF COMMERCE parties in the Central Records Unit, Scope Decision Memorandum.6 The
room B8024 of the main Department of Department is preliminarily not
International Trade Administration modifying the scope language as it
Commerce building. In addition, a
complete version of the Preliminary appeared in the Initiation Notice.
[A–821–822]
Decision Memorandum can be found at Methodology
Certain Cold-Rolled Steel Flat Products http://enforcement.trade.gov/frn/. The
from the Russian Federation: The Department is conducting this
signed Preliminary Decision investigation in accordance with section
Affirmative Preliminary Determination Memorandum and the electronic
of Sales at Less Than Fair Value, 731 of the Act. Export prices have been
version of the Preliminary Decision calculated in accordance with section
Affirmative Preliminary Determination Memorandum are identical in content.
of Critical Circumstances, and 772(a) of the Act. Normal value (‘‘NV’’)
Postponement of Final Determination As explained in the memorandum is calculated in accordance with section
from the Acting Assistant Secretary for 773 of the Act. For a full description of
AGENCY: Enforcement and Compliance, Enforcement and Compliance, the the methodology underlying our
International Trade Administration, Department exercised its discretion to preliminary conclusions, see the
Department of Commerce. toll deadlines as a result of the closure Preliminary Decision Memorandum.
SUMMARY: The Department of Commerce of the Federal Government for Preliminary Affirmative Determination
(the ‘‘Department’’) preliminarily Snowstorm Jonas.3 All deadlines in this of Critical Circumstances
determines that cold-rolled steel flat segment of the proceeding have been
products (‘‘cold-rolled steel’’) from the extended by four business days. The On October 30, 2015, Petitioners filed
Russian Federation (‘‘Russia’’) are being, revised deadline for the preliminary a timely critical circumstances
or are likely to be, sold in the United determination of this investigation is allegation, pursuant to section 773(e)(1)
States at less than fair value (‘‘LTFV’’), now February 29, 2016. of the Act and 19 CFR 351.206(c)(1),
as provided in section 733(b) of the alleging that critical circumstances exist
Tariff Act of 1930, as amended (‘‘the Scope of the Investigation with respect to imports of the
Act’’). The period of investigation merchandise under consideration.7 In
(‘‘POI’’) is July 1, 2014, through June 30, The product covered by this accordance with 19 CFR
2015. The estimated weighted-average investigation is cold-rolled steel from 351.206(c)(2)(i), when a critical
dumping margins of sales at LTFV are Russia. For a full description of the circumstances allegation is submitted
shown in the ‘‘Preliminary scope of this investigation, see the more than 20 days before the scheduled
Determination’’ section of this notice. ‘‘Scope of the Investigation,’’ in date of the preliminary determination,
Interested parties are invited to Appendix I. the Department must issue a
comment on this preliminary preliminary finding whether there is a
determination. 1 See Certain Cold-Rolled Steel Flat Products reasonable basis to believe or suspect
From Brazil, the People’s Republic of China, India, that critical circumstances exist no later
DATES: Effective March 8, 2016. Japan, the Republic of Korea, the Netherlands, the
Russian Federation, and the United Kingdom:
than the date of the preliminary
FOR FURTHER INFORMATION CONTACT:
Initiation of Less-Than-Fair-Value Investigations, 80
Laurel LaCivita, Eve Wang, or Alex FR 51198 (August 24, 2015) (‘‘Initiation Notice’’). 4 See Antidumping Duties; Countervailing Duties,
Rosen, AD/CVD Operations, Office III, 2 See Memorandum from Christian Marsh, Deputy 62 FR 27296, 27323 (May 19, 1997).
Enforcement and Compliance, Assistant Secretary for Antidumping and 5 See Initiation Notice, 80 FR at 51199.
International Trade Administration, Countervailing Duty Operations, to Paul Piquado, 6 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Enforcement and Assistant Secretary for Antidumping and
U.S. Department of Commerce, 14th Compliance, ‘‘Decision Memorandum for the Countervailing Duty Operations, ‘‘Certain Cold-
Street and Constitution Avenue NW., Preliminary Determination in the Antidumping Rolled Steel Products From Brazil, the People’s
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Washington, DC 20230; telephone: (202) Duty Investigation of Certain Cold-Rolled Steel Flat Republic of China, India, Japan, the Republic of
482–4243, (202) 482–6231, or (202) 482– Products from the Russian Federation’’ Korea, the Russian Federation, and the United
(‘‘Preliminary Decision Memorandum’’), dated Kingdom: Scope Comments Decision Memorandum
7814, respectively. concurrently with this notice. for the Preliminary Determinations’’ dated
SUPPLEMENTARY INFORMATION: 3 See Memorandum to the file from Ron concurrently with this preliminary determination.
Lorentzen, Acting Assistant Secretary for 7 See letter from Petitioners, ‘‘Certain Cold-Rolled
Background Enforcement and Compliance, ‘‘Tolling of Steel Flat Products From The People’s Republic of
Administrative Deadlines as a Result of the China, Japan, and the Russian Federation:
The Department published the notice Government Closure during Snowstorm ‘Jonas,’ ’’ Petitioners’ Critical Circumstances Allegation,’’
of initiation of this investigation on dated January 27, 2016. dated October 30, 2015.
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![Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices 12075
The products subject to this investigation A. Comparison Market Viability Those individuals requesting a public
are currently classified in the Harmonized B. Affiliated-Party Transactions and Arm’s- hearing should submit a written request
Tariff Schedule of the United States (HTSUS) Length Test to the Chief, Permits and Conservation
under item numbers: 7209.15.0000, C. Level of Trade
7209.16.0030, 7209.16.0060, 7209.16.0070, D. Cost of Production Analysis Division at the address listed above. The
7209.16.0091, 7209.17.0030, 7209.17.0060, 1. Calculation of Cost of Production request should set forth the specific
7209.17.0070, 7209.17.0091, 7209.18.1530, 2. Test of Comparison Market Sale Prices reasons why a hearing on this
7209.18.1560, 7209.18.2510, 7209.18.2520, 3. Results of the COP Test application would be appropriate.
7209.18.2580, 7209.18.6020, 7209.18.6090, E. Calculation of NV Based on Comparison
7209.25.0000, 7209.26.0000, 7209.27.0000, Market Prices FOR FURTHER INFORMATION CONTACT:
7209.28.0000, 7209.90.0000, 7210.70.3000, XIII. Currency Conversion Brendan Hurley or Jennifer Skidmore,
7211.23.1500, 7211.23.2000, 7211.23.3000, XIV. U.S. International Trade Commission (301) 427–8401.
7211.23.4500, 7211.23.6030, 7211.23.6060, Notification
7211.23.6090, 7211.29.2030, 7211.29.2090, XV. Disclosure and Public Comment SUPPLEMENTARY INFORMATION: The
7211.29.4500, 7211.29.6030, 7211.29.6080, XVI. Verification subject permit is requested under the
7211.90.0000, 7212.40.1000, 7212.40.5000, XVII. Conclusion authority of the Marine Mammal
7225.50.6000, 7225.50.8080, 7225.99.0090, Protection Act of 1972, as amended
[FR Doc. 2016–05000 Filed 3–7–16; 8:45 am]
7226.92.5000, 7226.92.7050, and
7226.92.8050. The products subject to the BILLING CODE 3510–DS–P (MMPA; 16 U.S.C. 1361 et seq.), the
investigation may also enter under the regulations governing the taking and
following HTSUS numbers: 7210.90.9000, importing of marine mammals (50 CFR
7212.50.0000, 7215.10.0010, 7215.10.0080, DEPARTMENT OF COMMERCE part 216), the Endangered Species Act of
7215.50.0016, 7215.50.0018, 7215.50.0020, 1973, as amended (ESA; 16 U.S.C. 1531
7215.50.0061, 7215.50.0063, 7215.50.0065, National Oceanic and Atmospheric et seq.), and the regulations governing
7215.50.0090, 7215.90.5000, 7217.10.1000, Administration
7217.10.2000, 7217.10.3000, 7217.10.7000, the taking, importing, and exporting of
7217.90.1000, 7217.90.5030, 7217.90.5060, RIN 0648–XE404 endangered and threatened species (50
7217.90.5090, 7225.19.0000, 7226.19.1000, CFR 222–226).
7226.19.9000, 7226.99.0180, 7228.50.5015, Marine Mammals; File No. 18978
The applicant proposes to measure
7228.50.5040, 7228.50.5070, 7228.60.8000, AGENCY: National Marine Fisheries
and 7229.90.1000. contaminant levels in subsistence-
The HTSUS subheadings above are Service (NMFS), National Oceanic and hunted Arctic marine mammals to
provided for convenience and U.S. Customs Atmospheric Administration (NOAA), determine marine mammal exposure to
purposes only. The written description of the Commerce. polybrominated diphenyl ethers and
scope of the investigation is dispositive. ACTION: Notice; receipt of application. perfluorinated compounds. The
proposed research will contribute to
Appendix II—List of Topics Discussed SUMMARY: Notice is hereby given that
Pam Miller, Alaska Community Action information about the levels of emerging
in the Preliminary Decision contaminants in marine mammals.
Memorandum on Toxics, 505 West Northern Lights
Blvd., Suite 205, Anchorage, AK 99503, Researchers will work with Yupik
I. Summary households and local hunters to obtain
II. Background
has applied in due form for a permit to
receive, import, and export specimens samples from a maximum of 8 animals
III. Period of Investigation
of marine mammals for scientific per year from minke whale
IV. Postponement of Final Determination and
Extension of Provisional Measures research. (Balaenoptera acutorostrata); ringed
V. Scope of the Investigation seal (Pusa hispida); bearded seal
DATES: Written, telefaxed, or email
VI. Preliminary Determination of Critical (Erignathus barbatus); and ribbon seal
comments must be received on or before
Circumstances (Histriophoca fasciata). A maximum of
A. Legal Framework April 7, 2016.
9 animals per year are requested from
B. Critical Circumstances Allegation ADDRESSES: The application and related
bowhead whale (Balaena mysticetus)
C. Analysis documents are available for review by
VII. Application of Facts Available and Use selecting ‘‘Records Open for Public and spotted seal (Phoca largha).
of Adverse Inferences Comment’’ from the ‘‘Features’’ box on Samples would include organs, meat,
VIII. Discussion of Methodology the Applications and Permits for rendered oils, and blubber. No non-
A. Determination of Comparison Method target species will be affected. Samples
B. Results of the Differential Pricing
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then will come from animals subsistence
Analysis
IX. Product Comparisons selecting File No. 18978 from the list of hunted on St Lawrence Island, AK. The
X. Date of Sale available applications. requested permit period is five years.
XI. Export Price These documents are also available In compliance with the National
XII. Normal Value upon written request or by appointment Environmental Policy Act of 1969 (42
in the Permits and Conservation U.S.C. 4321 et seq.), an initial
an actual thickness of 0.20 mm or more, in which Division, Office of Protected Resources, determination has been made that the
the core loss is substantially equal in any direction NMFS, 1315 East-West Highway, Room
of magnetization in the plane of the material. The activity proposed is categorically
term ‘substantially equal’ means that the cross grain 13705, Silver Spring, MD 20910; phone excluded from the requirement to
direction of core loss is no more than 1.5 times the (301) 427–8401; fax (301) 713–0376.
prepare an environmental assessment or
Written comments on this application
asabaliauskas on DSK3SPTVN1PROD with NOTICES
straight grain direction (i.e., the rolling direction) of
core loss. NOES has a magnetic permeability that should be submitted to the Chief, environmental impact statement.
does not exceed 1.65 Tesla when tested at a field Concurrent with the publication of
of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
Permits and Conservation Division, at
parallel to) the rolling direction of the sheet (i.e., the address listed above. Comments may this notice in the Federal Register,
B800 value). NOES contains by weight more than also be submitted by facsimile to (301) NMFS is forwarding copies of the
1.00 percent of silicon but less than 3.5 percent of 713–0376, or by email to application to the Marine Mammal
silicon, not more than 0.08 percent of carbon, and
not more than 1.5 percent of aluminum. NOES has
NMFS.Pr1Comments@noaa.gov. Please Commission and its Committee of
a surface oxide coating, to which an insulation include the File No. 18978 in the subject Scientific Advisors.
coating may be applied.’’ line of the email comment.
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Document Created: 2018-02-02 15:10:18
Document Modified: 2018-02-02 15:10:18
| 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 8, 2016. | |
| Contact | Laurel LaCivita, Eve Wang, or Alex Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4243, (202) 482-6231, or (202) 482-7814, respectively. | |
| FR Citation | 81 FR 12072 |
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