81_FR_12758 81 FR 12711 - Stainless Steel Sheet and Strip From the People's Republic of China: Initiation of Less Than Fair Value Investigation

81 FR 12711 - Stainless Steel Sheet and Strip From the People's Republic of China: Initiation of Less Than Fair Value Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 47 (March 10, 2016)

Page Range12711-12716
FR Document2016-05405

Federal Register, Volume 81 Issue 47 (Thursday, March 10, 2016)
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12711-12716]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05405]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-042]


Stainless Steel Sheet and Strip From the People's Republic of 
China: Initiation of Less Than Fair Value Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective March 3, 2016.

FOR FURTHER INFORMATION CONTACT: Toni Page at (202) 482-1398 and 
Lingjun Wang (202) 482-2316, AD/CVD Operations, Enforcement and 
Compliance, U.S. Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petition

    On February 12, 2016, the Department of Commerce (Department) 
received an antidumping duty (AD) petition concerning imports of 
stainless steel sheet and strip (stainless sheet and strip) from the 
People's Republic of China (PRC), filed in proper form on behalf of AK 
Steel Corporation, Allegheny Ludlum, LLC d/b/a ATI Flat Rolled 
Products, North American Stainless, and Outokumpu Stainless USA, LLC, 
(collectively, Petitioners).\1\ The AD petition was accompanied by a 
countervailing duty (CVD) petition for stainless steel and strip from 
the PRC.\2\ Petitioners are domestic producers of stainless sheet and 
strip, which represents the domestic industry engaged in the 
manufacture of stainless sheet and strip in the United States.\3\
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    \1\ See the Petitions for the Imposition of Antidumping Duties 
and Countervailing Duties: Stainless Steel Sheet and Strip from the 
People's Republic of China, (February 12, 2016) (the Petition).
    \2\ Id.
    \3\ See Volume I of the Petition at 2.
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    On February 17 and 23, 2016, the Department requested additional 
information and clarification of certain areas of the Petition,\4\ and 
Petitioners timely filed responses to these requests on February 19, 
22, and 25, 2016 and an amendment to the scope section of the 
petition.\5\
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    \4\ See Letters from the Department to Petitioners entitled 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Imports of Stainless Steel Sheet and Strip from the 
People's Republic of China: Supplemental Questions,'' (February 17, 
2016) (General Issues Supplemental Questionnaire); and ``Petition 
for the Imposition of Antidumping Duties on Imports of Stainless 
Steel Sheet and Strip from the People's Republic of China,'' 
(February 17, 2016) (AD Supplemental Questionnaire); see also 
Memorandum to the File, ``Phone Call with Counsel to Petitioners,'' 
(February 23, 2016)
    \5\ See Petitioners' Response to the AD Supplemental 
Questionnaire, (February 19, 2016) (AD Petition Supplement); 
Petitioners' Response to the General Issues Supplemental 
Questionnaire, (February 19, 2016) (General Issues Supplement); 
Petitioners' Submission of Signed Declaration Included in Responses 
to the Department's Supplemental Questionnaire Relating to 
Antidumping Duty Petition, (February 22, 2016) (AD Petition 
Supplement Signed Declaration); and Second General Issues Supplement 
to the Petition, (February 25, 2016) (Second General Issues 
Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), Petitioners allege that imports of stainless sheet 
and strip from the PRC are being, or are likely to be, sold in the 
United States at less than fair value within the meaning of section 731 
of the Act, and that such imports are materially injuring, or 
threatening material injury to, an industry in the United States. Also, 
consistent with section 732(b)(1) of the Act, the Petition is 
accompanied by information reasonably available to Petitioners 
supporting their allegations.
    The Department finds that Petitioners filed the Petition on behalf 
of the domestic industry because Petitioners satisfy the definition of 
an interested party in section 771(9)(C) of the Act. The Department 
also finds that Petitioners demonstrated sufficient industry support 
with respect to the initiation of the AD investigation that Petitioners 
are requesting.\6\
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    \6\ See the ``Determination of Industry Support for the 
Petition'' section below.
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Period of Investigation

    Because the Petition was filed on February 12, 2016, the period of 
investigation (POI) is, pursuant to 19 CFR 351.204(b)(1), July 1, 2015, 
through December 31, 2015.

Scope of the Investigation

    The products covered by this investigation are stainless sheet and 
strip from the PRC. For a full description of the scope of this 
investigation, see the ``Scope of the Investigation,'' in Appendix I of 
this notice.

Comments on Scope of the Investigation

    During our review of the Petition, the Department issued questions 
to, and received responses from, Petitioners pertaining to the proposed 
scope to ensure that the scope language in the Petition would be an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\7\
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    \7\ See General Issues Supplemental Questionnaire; see also 
General Issues Supplement; Memorandum to the File, ``Phone Call with 
Counsel to Petitioners,'' (February 23, 2016); and Second General 
Issues Supplement.

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[[Page 12712]]

    As discussed in the preamble to the Department's regulations,\8\ we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (i.e., the scope). The Department will 
consider all comments received from parties and, if necessary, will 
consult with parties prior to the issuance of the preliminary 
determination. If scope comments include factual information (see 19 
CFR 351.102(b)(21)), all such factual information should be limited to 
public information. In order to facilitate preparation of its 
questionnaires, the Department requests all interested parties to 
submit such comments by 5:00 p.m. Eastern Time (ET) on March 23, 2016, 
which is 20 calendar days from the signature date of this notice. Any 
rebuttal comments, which may include factual information, must be filed 
by 5:00 p.m. ET on Monday, April 4, 2016, because 10 calendar days 
after the initial comments deadline falls on Saturday, April 2, 
2016.\9\
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    \8\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \9\ See 19 CFR 351.303(b)(1) (``For both electronically filed 
and manually filed documents, if the applicable due date falls on a 
non-business day, the Secretary will accept documents that are filed 
on the next business day.'')
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    The Department requests that any factual information the parties 
consider relevant to the scope of the investigation be submitted during 
this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact the Department and 
request permission to submit the additional information. All such 
comments must be filed on the record of the AD investigation, as well 
as the concurrent CVD investigation.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\10\ An electronically 
filed document must be received successfully in its entirety by the 
time and date when it is due. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, and stamped with the date and time of receipt by 
the applicable deadlines.
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of the Department's electronic 
filing requirements, which went into effect on August 5, 2011. 
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics for AD Questionnaires

    The Department requests comments from interested parties regarding 
the appropriate physical characteristics of stainless sheet and strip 
to be reported in response to the Department's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant factors and 
costs of production as accurately as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) general product 
characteristics and (2) product-comparison criteria. We note that it is 
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe stainless sheet and strip, it may be that only a select few 
product characteristics take into account commercially meaningful 
physical characteristics. In addition, interested parties may comment 
on the order of the physical characteristics defining a product. 
Generally, the Department attempts to list the most important physical 
characteristics first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all comments must be 
filed by 5:00 p.m. ET on March 23, 2016, which is 20 calendar days from 
the signature date of this notice. Any rebuttal comments must be filed 
by 5:00 p.m. ET on April 4, 2016. All comments and submissions to the 
Department must be filed electronically using ACCESS.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\11\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\12\
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    \11\ See section 771(10) of the Act.
    \12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is

[[Page 12713]]

``the article subject to an investigation'' (i.e., the class or kind of 
merchandise to be investigated, which normally will be the scope as 
defined in the Petition).
    With regard to the domestic like product, Petitioners do not offer 
a definition of the domestic like product distinct from the scope of 
the investigation. Based on our analysis of the information submitted 
on the record, we have determined that stainless sheet and strip 
constitutes a single domestic like product and we have analyzed 
industry support in terms of that domestic like product.\13\
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    \13\ For a discussion of the domestic like product analysis in 
this case, see Antidumping Duty Investigation Initiation Checklist: 
Stainless Steel Sheet and Strip from the People's Republic of China 
(PRC AD Initiation Checklist), at Attachment II, Analysis of 
Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Stainless Steel Sheet and Strip from the People's 
Republic of China (Attachment II). This checklist is dated 
concurrently with this notice and on file electronically via ACCESS. 
Access to documents filed via ACCESS is also available in the 
Central Records Unit, Room 18022 of the main Department of Commerce 
building.
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    In determining whether Petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in Appendix I of this 
notice. Petitioners provided their production of the domestic like 
product in 2015, as well as an estimate of total production of the 
domestic like product for the entire domestic industry.\14\ To 
establish industry support, Petitioners compared their own production 
to total estimated production of the domestic like product for the 
entire domestic industry.\15\ We have relied upon data Petitioners 
provided for purposes of measuring industry support.\16\
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    \14\ See Volume I of the Petition, at 4-5 and Exhibits GEN-1 and 
GEN-12.
    \15\ Id. For further discussion, see PRC AD Initiation 
Checklist, at Attachment II.
    \16\ See PRC AD Initiation Checklist, at Attachment II.
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    Our review of the data provided in the Petition, the Second General 
Issues Supplement, and other information readily available to the 
Department indicates that Petitioners have established industry 
support.\17\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, the Department is 
not required to take further action in order to evaluate industry 
support (e.g., polling).\18\ Second, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petition account for at least 25 percent of 
the total production of the domestic like product.\19\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(c)(4)(A)(ii) of the Act because the 
domestic producers (or workers) who support the Petition account for 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to, the Petition.\20\ Accordingly, the Department determines 
that the Petition was filed on behalf of the domestic industry within 
the meaning of section 732(b)(1) of the Act.
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    \17\ Id.
    \18\ See section 732(c)(4)(D) of the Act; see also PRC AD 
Initiation Checklist, at Attachment II
    \19\ See PRC AD Initiation Checklist, at Attachment II.
    \20\ Id.
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    The Department finds that Petitioners filed the Petition on behalf 
of the domestic industry because they are interested parties as defined 
in section 771(9)(C) of the Act and they have demonstrated sufficient 
industry support with respect to the AD investigation that they are 
requesting the Department to initiate.\21\
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    \21\ Id.
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Allegations and Evidence of Material Injury and Causation

    Petitioners allege that the U.S. industry producing the domestic 
like product is being materially injured, or is threatened with 
material injury, by reason of the imports of the subject merchandise 
sold at less than normal value (NV). In addition, Petitioners allege 
that subject imports exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.\22\
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    \22\ See Volume I of the Petition, at 13 and Exhibit GEN-6; see 
also Second General Issues Supplement, at 4-5 and Exhibit GEN-Supp. 
6.
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    Petitioners contend that the industry's injured condition is 
illustrated by reduced market share, underselling and price suppression 
or depression, lost sales and revenues, reductions in U.S. production, 
shipments, and capacity utilization, decreased employment, and 
financial deterioration.\23\ We have assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, and causation, and we have determined that these allegations 
are properly supported by adequate evidence and meet the statutory 
requirements for initiation.\24\
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    \23\ See Volume I of the Petition, at 14-19 and Exhibits GEN-6 
and GEN-8 through GEN-12; see also Second General Issues Supplement, 
at 4-5 and Exhibit GEN-Supp. 5.
    \24\ See PRC AD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Stainless Steel Sheet and Strip from the People's Republic 
of China.
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Allegation of Sales at Less Than Fair Value

    The following is a description of the allegation of sales at less 
than fair value upon which the Department based its decision to 
initiate the investigation of stainless sheet and strip from the PRC. 
The sources of data for the deductions and adjustments relating to U.S. 
price and NV are discussed in greater detail in the initiation 
checklist.

Export Price

    Petitioners based U.S. prices on price quotes for stainless sheet 
and strip produced in the PRC by affiliated companies of Baosteel Group 
Corporations (Baosteel) and Taiyuan Iron & Steel (Group) Co., Ltd. 
(TISCO), and offered for sale to customers in the United States.\25\ 
Petitioners made deductions from U.S. price for movement expenses 
consistent with the delivery terms, as well as deductions for 
distributor mark-up and unrebated VAT.
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    \25\ See Volume II of the Petition at 2, Exhibits AD-1A and AD-
1B; see also, AD Petition Supplement at 2 and Exhibit AD-Supp. 1A; 
and AD Petition Supplement Signed Declaration at Attachment 1.
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Normal Value

    Petitioners stated that the Department has found the PRC to be a 
non-market economy (NME) country in every administrative proceeding in 
which the PRC has been involved.\26\ In accordance with section 
771(18)(C)(i) of the Act, the presumption of NME status remains in 
effect until revoked by the Department. The presumption of NME status 
for the PRC has not been revoked by the Department and, therefore, 
remains in effect for purposes of the initiation of this investigation. 
Accordingly, the NV of the product is appropriately based on factors of 
production (FOP) valued in a surrogate market economy country, in 
accordance with section 773(c) of the Act. In the course of this 
investigation, all parties, and the public, will have the opportunity 
to provide relevant information related to the issues of the PRC's NME 
status and the granting of separate rates to individual exporters.
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    \26\ See Volume II of the Petition at 2.
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    Petitioners claim that Thailand is an appropriate surrogate country 
because it is a market economy that is at a level of economic 
development comparable to

[[Page 12714]]

that of the PRC and it is a significant producer of comparable 
merchandise.\27\
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    \27\ Id., at 1-2.
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    Based on the information provided by Petitioners, we believe it is 
appropriate to use Thailand as a surrogate country for initiation 
purposes. Interested parties will have the opportunity to submit 
comments regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production (FOP)

    Petitioners based the FOPs for materials, labor, and energy on 
average major U.S. producers' consumption rates for producing stainless 
sheet and strip adjusted for known differences that can be quantified 
based on the experience of the U.S. industry, as an estimate of the PRC 
producers' FOPs.\28\ Petitioners valued the estimated FOPs using 
surrogate values from Thailand, with the exception of surrogate 
financial ratios.\29\
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    \28\ Id., at 6 and Exhibit AD-9.
    \29\ Id., at Exhibit AD-10. As discussed in the PRC AD 
Initiation Checklist, Petitioners used surrogate financial ratios 
from the financial statements of a Mexican steel producer, because 
they were unable to obtain publicly available financial statements 
of an integrated steel producer in Thailand, and to the best of 
their knowledge, many Thai producers also benefit from potentially 
countervailable subsidies. Id., at 7 and 9.
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Valuation of Raw Materials

    Petitioners valued the FOPs for raw materials using public import 
data for Thailand obtained from the Global Trade Atlas (GTA) for the 
POI.\30\ Petitioners excluded all import values from countries 
previously determined by the Department to maintain broadly available, 
non-industry-specific export subsidies and from countries previously 
determined by the Department to be NME countries. In addition, in 
accordance with the Department's practice, Petitioners exclude imports 
that were labeled as originating from an unidentified country. 
Petitioners added to these import values the average inland freight 
charges for importing goods into Thailand as reported in Doing Business 
2016: Thailand, based on the distance from the nearest port to the PRC 
producer's mill.\31\ The Department determines that the surrogate 
values used by Petitioners are reasonably available, and thus, are 
acceptable for purposes of initiation.
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    \30\ Id., at Exhibit AD-13.
    \31\ Id., at 7 and Exhibits AD-3A; see also AD Petition 
Supplement, at 3 and AD-Supp. 3A.
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Valuation of Labor

    Petitioners valued labor using The 2012 Business and Industrial 
Census: Manufacturing Industry, Whole Kingdom, published by the 
National Statistical Office of Thailand.\32\ Specifically, Petitioners 
relied on data pertaining to wages earned by Thai workers engaged in 
the manufacturing sector of the economy.\33\ Petitioners inflated the 
wage rate using data for the Thailand Consumer Price Index (CPI) 
published for the POI.\34\
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    \32\ Id., at 8 and Exhibit AD-15.
    \33\ Id.
    \34\ Id., at Exhibits AD-12 and AD-15.
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Valuation of Packing Materials

    Petitioners valued the packing materials used by PRC producers 
based on Thai import data for the POI obtained from GTA.\35\
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    \35\ Id., at Exhibits AD-10A, AD-10B, and AD-13.
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Valuation of Energy/Water

    Petitioners valued electricity using data published by the 
Electricity Generating Authority of Thailand.\36\ In addition, 
Petitioners valued natural gas using Thai import data of liquid natural 
gas and universal conversion factors.\37\ Further, Petitioners valued 
water using the tariff rate published by the Thai Metropolitan 
Waterworks Authority.\38\
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    \36\ Id., at 7 and Exhibit AD-14A.
    \37\ Id., at Exhibit AD-14B.
    \38\ See AD Petition Supplement at 3-4 and Exhibit AD-Supp.2.
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Valuation of Factory Overhead, Selling, General and Administrative 
Expenses, and Profit

    Petitioners relied on surrogate financial ratios (i.e., factory 
overhead, Selling, General & Administrative expenses, and profit) it 
calculated using the 2014 audited financial statement of Grupo Simec, 
S.A.B. de C.V., a Mexican producer of comparable merchandise (i.e., 
processed steel products).\39\
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    \39\ See Volume II of the Petition at 7 and Exhibit AD-16; for 
further discussion of the surrogate financial ratios, see PRC AD 
Initiation Checklist.
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Fair Value Comparisons

    Based on the data provided by Petitioners, there is reason to 
believe that imports of stainless sheet and strip from the PRC are 
being, or are likely to be, sold in the United States at less than fair 
value. Based on comparisons of EP to NV, in accordance with section 
773(c) of the Act, the estimated dumping margin for stainless sheet and 
strip from the PRC are 51.07 and 76.64 percent.\40\
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    \40\ See PRC AD Initiation Checklist.
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Initiation of Less Than Fair Value Investigation

    Based upon the examination of the AD Petition on stainless sheet 
and strip from the PRC, we find that the Petition meets the 
requirements of section 732 of the Act. Therefore, we are initiating an 
AD investigation to determine whether imports of stainless sheet and 
strip from the PRC are being, or are likely to be, sold in the United 
States at less than fair value. In accordance with section 733(b)(1)(A) 
of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determination no later than 140 days after the date of this 
initiation.
    On June 29, 2015, the President of the United States signed into 
law the Trade Preferences Extension Act of 2015, which made numerous 
amendments to the AD and CVD law.\41\ The 2015 law does not specify 
dates of application for those amendments. On August 6, 2015, the 
Department published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\42\ The amendments to 
sections 771(15), 773, 776, and 782 of the Act are applicable to all 
determinations made on or after August 6, 2015, and, therefore, apply 
to this AD investigation.\43\
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    \41\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \42\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015) (``Applicability 
Notice'').
    \43\ Id. at 46794-95. The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Respondent Selection

    Petitioners named 158 companies from the PRC as producers/exporters 
of stainless sheet and strip.\44\ Following standard practice for 
respondent selection in cases involving NME countries, we intend to 
issue quantity and value (Q&V) questionnaires to each potential 
respondent, for which Petitioners have provided a complete address, and 
base respondent selection on the responses received. In addition, the 
Department will post the Q&V questionnaire along with filing 
instructions on the Enforcement and Compliance Web site at http://www.trade.gov/enforcement/news.asp.
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    \44\ See Volume I of Petition at Exhibit GEN-5.
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    Exporters/producers of stainless sheet and strip from the PRC that 
do not receive Q&V questionnaires by mail may still submit a response 
to the Q&V

[[Page 12715]]

questionnaire and can obtain a copy from the Enforcement and Compliance 
Web site. The Q&V response must be submitted by all PRC exporters/
producers no later than March 17, 2016, which is two weeks from the 
signature date of this notice. All Q&V responses must be filed 
electronically via ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\45\ 
The specific requirements for submitting a separate-rate application 
are outlined in detail in the application itself, which is available on 
the Department's Web site at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days after 
publication of this initiation notice.\46\ Exporters and producers who 
submit a separate-rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate-rate status 
only if they respond to all parts of the Department's AD questionnaire 
as mandatory respondents. The Department requires that respondents 
submit a response to both the Q&V questionnaire and the separate-rate 
application by their respective deadlines in order to receive 
consideration for separate-rate status.
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    \45\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \46\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    The Department will calculate combination rates for certain 
respondents that are eligible for a separate rate in an NME 
investigation. The Separate Rates and Combination Rates Bulletin 
states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that the Department will 
now assign in its NME Investigation will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which supplied subject merchandise 
to it during the period of investigation. This practice applies both 
to mandatory respondents receiving an individually calculated 
separate rate as well as the pool of non-investigated firms 
receiving the weighted-average of the individually calculated rates. 
This practice is referred to as the application of ``combination 
rates'' because such rates apply to specific combinations of 
exporters and one or more producers. The cash-deposit rate assigned 
to an exporter will apply only to merchandise both exported by the 
firm in question and produced by a firm that supplied the exporter 
during the period of investigation.\47\
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    \47\ See Policy Bulletin 05.1 at 6 (emphasis added).

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the government of the PRC via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petition to each exporter named in the Petition, as provided under 
19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of stainless sheet and strip from the PRC are 
materially injuring or threatening material injury to a U.S. 
industry.\48\ A negative ITC determination will result in the 
investigation being terminated; \49\ otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \48\ See section 733(a) of the Act.
    \49\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). Any party, when submitting 
factual information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted \50\ and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\51\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Please review the regulations prior to 
submitting factual information in this investigation.
---------------------------------------------------------------------------

    \50\ See 19 CFR 351.301(b).
    \51\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Please review Extension of Time Limits; Final Rule, 78 
FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.html, prior to submitting factual 
information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\52\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\53\ The Department intends to reject factual submissions if the 
submitting party does

[[Page 12716]]

not comply with applicable revised certification requirements.
---------------------------------------------------------------------------

    \52\ See section 782(b) of the Act.
    \53\ See Certification of Factual Information to Import 
Administration during Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
administrative protective order (``APO'') in accordance with 19 CFR 
351.305. On January 22, 2008, the Department published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to 
participate in this investigation should ensure that they meet the 
requirements of these procedures (e.g., the filing of letters of 
appearance as discussed in 19 CFR 351.103(d)).
    This notice is issued and published pursuant to section 777(i) of 
the Act.

    Dated: March 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is stainless steel 
sheet and strip, whether in coils or straight lengths. Stainless 
steel is an alloy steel containing, by weight, 1.2 percent or less 
of carbon and 10.5 percent or more of chromium, with or without 
other elements. The subject sheet and strip is a flat-rolled product 
with a width that is greater than 9.5 mm and with a thickness of 
0.3048 mm and greater but less than 4.75 mm, and that is annealed or 
otherwise heat treated, and pickled or otherwise descaled. The 
subject sheet and strip may also be further processed (e.g., cold-
rolled, annealed, tempered, polished, aluminized, coated, painted, 
varnished, trimmed, cut, punched, or slit, etc.) provided that it 
maintains the specific dimensions of sheet and strip set forth above 
following such processing. The products described include products 
regardless of 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.
    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.
    Subject merchandise includes stainless steel sheet and strip 
that has been further processed in a third country, including but 
not limited to cold-rolling, annealing, tempering, polishing, 
aluminizing, coating, 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 stainless steel 
sheet and strip.
    Excluded from the scope of this investigation are the following: 
(1) Sheet and strip that is not annealed or otherwise heat treated 
and not pickled or otherwise descaled; (2) plate (i.e., flat-rolled 
stainless steel products of a thickness of 4.75 mm or more); and (3) 
flat wire (i.e., cold-rolled sections, with a mill edge, rectangular 
in shape, of a width of not more than 9.5 mm).
    The products under investigation are currently classifiable 
under Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081, 
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030, 
7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005, 
7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 
7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045, 
7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025, 
7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 
7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080, 
7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 
7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015, 
7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010, 
7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 
7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 
7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 
7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 
7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this proceeding is 
dispositive.

[FR Doc. 2016-05405 Filed 3-9-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices                                                     12711

                                                  effective by the LTFV investigation.18                  DEPARTMENT OF COMMERCE                                  amendment to the scope section of the
                                                  These deposit requirements, when                                                                                petition.5
                                                  imposed, shall remain in effect until                   International Trade Administration                         In accordance with section 732(b) of
                                                  further notice.                                                                                                 the Tariff Act of 1930, as amended (the
                                                                                                          [A–570–042]                                             Act), Petitioners allege that imports of
                                                  Notification to Importers                                                                                       stainless sheet and strip from the PRC
                                                                                                          Stainless Steel Sheet and Strip From
                                                                                                                                                                  are being, or are likely to be, sold in the
                                                    This notice also serves as a                          the People’s Republic of China:
                                                                                                                                                                  United States at less than fair value
                                                  preliminary reminder to importers of                    Initiation of Less Than Fair Value
                                                                                                                                                                  within the meaning of section 731 of the
                                                  their responsibility under 19 CFR                       Investigation
                                                                                                                                                                  Act, and that such imports are
                                                  351.402(f) to file a certificate regarding                                                                      materially injuring, or threatening
                                                                                                          AGENCY:  Enforcement and Compliance,
                                                  the reimbursement of antidumping                                                                                material injury to, an industry in the
                                                                                                          International Trade Administration,
                                                  duties prior to liquidation of the                                                                              United States. Also, consistent with
                                                                                                          Department of Commerce.
                                                  relevant entries during this review                                                                             section 732(b)(1) of the Act, the Petition
                                                                                                          DATES: Effective March 3, 2016.
                                                  period. Failure to comply with this                                                                             is accompanied by information
                                                  requirement could result in the                         FOR FURTHER INFORMATION CONTACT: Toni
                                                                                                                                                                  reasonably available to Petitioners
                                                  Secretary’s presumption that                            Page at (202) 482–1398 and Lingjun
                                                                                                                                                                  supporting their allegations.
                                                  reimbursement of antidumping duties                     Wang (202) 482–2316, AD/CVD                                The Department finds that Petitioners
                                                  occurred and the subsequent assessment                  Operations, Enforcement and                             filed the Petition on behalf of the
                                                  of double antidumping duties.                           Compliance, U.S. Department of                          domestic industry because Petitioners
                                                                                                          Commerce, 14th Street and Constitution                  satisfy the definition of an interested
                                                    We are issuing and publishing these                   Avenue NW., Washington, DC 20230.
                                                  results in accordance with sections                                                                             party in section 771(9)(C) of the Act.
                                                                                                          SUPPLEMENTARY INFORMATION:                              The Department also finds that
                                                  751(a)(1) and 777(i)(1) of the Act.
                                                                                                          The Petition                                            Petitioners demonstrated sufficient
                                                    Dated: March 4, 2016.                                                                                         industry support with respect to the
                                                  Paul Piquado,                                              On February 12, 2016, the Department                 initiation of the AD investigation that
                                                  Assistant Secretary for Enforcement and
                                                                                                          of Commerce (Department) received an                    Petitioners are requesting.6
                                                  Compliance.                                             antidumping duty (AD) petition
                                                                                                          concerning imports of stainless steel                   Period of Investigation
                                                  Appendix                                                sheet and strip (stainless sheet and                      Because the Petition was filed on
                                                  List of Topics Discussed in the Preliminary
                                                                                                          strip) from the People’s Republic of                    February 12, 2016, the period of
                                                  Decision Memorandum                                     China (PRC), filed in proper form on                    investigation (POI) is, pursuant to 19
                                                                                                          behalf of AK Steel Corporation,                         CFR 351.204(b)(1), July 1, 2015, through
                                                  1. Summary                                              Allegheny Ludlum, LLC d/b/a ATI Flat                    December 31, 2015.
                                                  2. Background                                           Rolled Products, North American
                                                  3. Scope of the Order                                   Stainless, and Outokumpu Stainless                      Scope of the Investigation
                                                  4. Preliminary Determination of No                      USA, LLC, (collectively, Petitioners).1                    The products covered by this
                                                        Shipments
                                                                                                          The AD petition was accompanied by a                    investigation are stainless sheet and
                                                  5. Discussion of the Methodology
                                                                                                          countervailing duty (CVD) petition for                  strip from the PRC. For a full
                                                     a. Normal Value Comparisons
                                                                                                          stainless steel and strip from the PRC.2                description of the scope of this
                                                     b. Determination of Comparison Method
                                                                                                          Petitioners are domestic producers of                   investigation, see the ‘‘Scope of the
                                                     c. Results of Differential Pricing Analysis
                                                                                                          stainless sheet and strip, which                        Investigation,’’ in Appendix I of this
                                                     d. Product Comparisons
                                                                                                          represents the domestic industry                        notice.
                                                     e. Export Price
                                                     f. Normal Value
                                                                                                          engaged in the manufacture of stainless
                                                                                                                                                                  Comments on Scope of the Investigation
                                                     i. Home Market Viability and Comparison
                                                                                                          sheet and strip in the United States.3
                                                                                                             On February 17 and 23, 2016, the                       During our review of the Petition, the
                                                        Market
                                                                                                          Department requested additional                         Department issued questions to, and
                                                     ii. Level of Trade
                                                                                                          information and clarification of certain                received responses from, Petitioners
                                                     iii. Cost of Production Analysis
                                                     1. Calculation of Cost of Production                 areas of the Petition,4 and Petitioners                 pertaining to the proposed scope to
                                                     2. Test of Comparison Market Sales Prices            timely filed responses to these requests                ensure that the scope language in the
                                                     3. Results of the COP Test                           on February 19, 22, and 25, 2016 and an                 Petition would be an accurate reflection
                                                     iv. Calculation of Normal Value Based on                                                                     of the products for which the domestic
                                                        Comparison Market Prices                             1 See the Petitions for the Imposition of            industry is seeking relief.7
                                                     v. Calculation of Normal Value Based on              Antidumping Duties and Countervailing Duties:
                                                                                                          Stainless Steel Sheet and Strip from the People’s         5 See Petitioners’ Response to the AD
                                                        Constructed Value                                 Republic of China, (February 12, 2016) (the             Supplemental Questionnaire, (February 19, 2016)
                                                  6. Currency Conversion                                  Petition).                                              (AD Petition Supplement); Petitioners’ Response to
                                                  7. Recommendation                                          2 Id.                                                the General Issues Supplemental Questionnaire,
                                                                                                             3 See Volume I of the Petition at 2.                 (February 19, 2016) (General Issues Supplement);
                                                  [FR Doc. 2016–05453 Filed 3–9–16; 8:45 am]
                                                                                                             4 See Letters from the Department to Petitioners     Petitioners’ Submission of Signed Declaration
                                                  BILLING CODE 3510–DS–P                                  entitled ‘‘Petitions for the Imposition of              Included in Responses to the Department’s
                                                                                                          Antidumping and Countervailing Duties on Imports        Supplemental Questionnaire Relating to
                                                                                                          of Stainless Steel Sheet and Strip from the People’s    Antidumping Duty Petition, (February 22, 2016)
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          Republic of China: Supplemental Questions,’’            (AD Petition Supplement Signed Declaration); and
                                                                                                          (February 17, 2016) (General Issues Supplemental        Second General Issues Supplement to the Petition,
                                                                                                          Questionnaire); and ‘‘Petition for the Imposition of    (February 25, 2016) (Second General Issues
                                                                                                          Antidumping Duties on Imports of Stainless Steel        Supplement).
                                                                                                                                                                    6 See the ‘‘Determination of Industry Support for
                                                                                                          Sheet and Strip from the People’s Republic of
                                                     18 See Notice of Amended Final Determination of
                                                                                                          China,’’ (February 17, 2016) (AD Supplemental           the Petition’’ section below.
                                                  Sale at Less Than Fair Value and Antidumping            Questionnaire); see also Memorandum to the File,          7 See General Issues Supplemental Questionnaire;
                                                  Duty Order: Certain Frozen Warmwater Shrimp             ‘‘Phone Call with Counsel to Petitioners,’’ (February   see also General Issues Supplement; Memorandum
                                                  from India, 70 FR 5147 (February 1, 2005).              23, 2016)                                                                                         Continued




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                                                  12712                        Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices

                                                     As discussed in the preamble to the                  in its entirety by the time and date when             Determination of Industry Support for
                                                  Department’s regulations,8 we are                       it is due. Documents excepted from the                the Petition
                                                  setting aside a period for interested                   electronic submission requirements                       Section 732(b)(1) of the Act requires
                                                  parties to raise issues regarding product               must be filed manually (i.e., in paper                that a petition be filed on behalf of the
                                                  coverage (i.e., the scope). The                         form) with Enforcement and                            domestic industry. Section 732(c)(4)(A)
                                                  Department will consider all comments                   Compliance’s APO/Dockets Unit, Room                   of the Act provides that a petition meets
                                                  received from parties and, if necessary,                18022, U.S. Department of Commerce,                   this requirement if the domestic
                                                  will consult with parties prior to the                  14th Street and Constitution Avenue                   producers or workers who support the
                                                  issuance of the preliminary                             NW., Washington, DC 20230, and                        petition account for: (i) at least 25
                                                  determination. If scope comments                        stamped with the date and time of                     percent of the total production of the
                                                  include factual information (see 19 CFR                 receipt by the applicable deadlines.                  domestic like product; and (ii) more
                                                  351.102(b)(21)), all such factual                                                                             than 50 percent of the production of the
                                                  information should be limited to public                 Comments on Product Characteristics                   domestic like product produced by that
                                                  information. In order to facilitate                     for AD Questionnaires                                 portion of the industry expressing
                                                  preparation of its questionnaires, the                                                                        support for, or opposition to, the
                                                  Department requests all interested                         The Department requests comments
                                                                                                          from interested parties regarding the                 petition. Moreover, section 732(c)(4)(D)
                                                  parties to submit such comments by                                                                            of the Act provides that, if the petition
                                                  5:00 p.m. Eastern Time (ET) on March                    appropriate physical characteristics of
                                                                                                                                                                does not establish support of domestic
                                                  23, 2016, which is 20 calendar days                     stainless sheet and strip to be reported
                                                                                                                                                                producers or workers accounting for
                                                  from the signature date of this notice.                 in response to the Department’s AD
                                                                                                                                                                more than 50 percent of the total
                                                  Any rebuttal comments, which may                        questionnaires. This information will be              production of the domestic like product,
                                                  include factual information, must be                    used to identify the key physical                     the Department shall: (i) poll the
                                                  filed by 5:00 p.m. ET on Monday, April                  characteristics of the subject                        industry or rely on other information in
                                                  4, 2016, because 10 calendar days after                 merchandise in order to report the                    order to determine if there is support for
                                                  the initial comments deadline falls on                  relevant factors and costs of production              the petition, as required by
                                                  Saturday, April 2, 2016.9                               as accurately as well as to develop                   subparagraph (A); or (ii) determine
                                                     The Department requests that any                     appropriate product-comparison                        industry support using a statistically
                                                  factual information the parties consider                criteria.                                             valid sampling method to poll the
                                                  relevant to the scope of the investigation                                                                    ‘‘industry.’’
                                                                                                             Interested parties may provide any
                                                  be submitted during this time period.                                                                            Section 771(4)(A) of the Act defines
                                                                                                          information or comments that they feel
                                                  However, if a party subsequently finds                                                                        the ‘‘industry’’ as the producers as a
                                                  that additional factual information                     are relevant to the development of an
                                                                                                          accurate list of physical characteristics.            whole of a domestic like product. Thus,
                                                  pertaining to the scope of the                                                                                to determine whether a petition has the
                                                  investigation may be relevant, the party                Specifically, they may provide
                                                                                                          comments as to which characteristics                  requisite industry support, the statute
                                                  may contact the Department and request                                                                        directs the Department to look to
                                                  permission to submit the additional                     are appropriate to use as: (1) general
                                                                                                          product characteristics and (2) product-              producers and workers who produce the
                                                  information. All such comments must                                                                           domestic like product. The International
                                                  be filed on the record of the AD                        comparison criteria. We note that it is
                                                                                                          not always appropriate to use all                     Trade Commission (ITC), which is
                                                  investigation, as well as the concurrent
                                                                                                          product characteristics as product-                   responsible for determining whether
                                                  CVD investigation.
                                                                                                          comparison criteria. We base product-                 ‘‘the domestic industry’’ has been
                                                  Filing Requirements                                     comparison criteria on meaningful                     injured, must also determine what
                                                    All submissions to the Department                     commercial differences among products.                constitutes a domestic like product in
                                                  must be filed electronically using                      In other words, although there may be                 order to define the industry. While both
                                                  Enforcement and Compliance’s                            some physical product characteristics                 the Department and the ITC must apply
                                                  Antidumping and Countervailing Duty                     utilized by manufacturers to describe                 the same statutory definition regarding
                                                  Centralized Electronic Service System                                                                         the domestic like product,11 they do so
                                                                                                          stainless sheet and strip, it may be that
                                                  (ACCESS).10 An electronically filed                                                                           for different purposes and pursuant to a
                                                                                                          only a select few product characteristics
                                                  document must be received successfully                                                                        separate and distinct authority. In
                                                                                                          take into account commercially
                                                                                                                                                                addition, the Department’s
                                                                                                          meaningful physical characteristics. In
                                                  to the File, ‘‘Phone Call with Counsel to                                                                     determination is subject to limitations of
                                                                                                          addition, interested parties may
                                                  Petitioners,’’ (February 23, 2016); and Second                                                                time and information. Although this
                                                                                                          comment on the order of the physical
                                                  General Issues Supplement.                                                                                    may result in different definitions of the
                                                     8 See Antidumping Duties; Countervailing Duties,     characteristics defining a product.                   like product, such differences do not
                                                  62 FR 27296, 27323 (May 19, 1997).                      Generally, the Department attempts to                 render the decision of either agency
                                                     9 See 19 CFR 351.303(b)(1) (‘‘For both
                                                                                                          list the most important physical                      contrary to law.12
                                                  electronically filed and manually filed documents,
                                                  if the applicable due date falls on a non-business
                                                                                                          characteristics first and the least                      Section 771(10) of the Act defines the
                                                  day, the Secretary will accept documents that are       important characteristics last.                       domestic like product as ‘‘a product
                                                  filed on the next business day.’’)                         In order to consider the suggestions of            which is like, or in the absence of like,
                                                     10 See Antidumping and Countervailing Duty

                                                  Proceedings: Electronic Filing Procedures;
                                                                                                          interested parties in developing and                  most similar in characteristics and uses
                                                  Administrative Protective Order Procedures, 76 FR       issuing the AD questionnaires, all                    with, the article subject to an
                                                  39263 (July 6, 2011); see also Enforcement and          comments must be filed by 5:00 p.m. ET                investigation under this title.’’ Thus, the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Compliance; Change of Electronic Filing System          on March 23, 2016, which is 20 calendar               reference point from which the
                                                  Name, 79 FR 69046 (November 20, 2014) for details
                                                  of the Department’s electronic filing requirements,     days from the signature date of this                  domestic like product analysis begins is
                                                  which went into effect on August 5, 2011.               notice. Any rebuttal comments must be
                                                                                                                                                                  11 See section 771(10) of the Act.
                                                  Information on help using ACCESS can be found at        filed by 5:00 p.m. ET on April 4, 2016.
                                                  https://access.trade.gov/help.aspx and a handbook                                                               12 See USEC, Inc. v. United States, 132 F. Supp.
                                                  can be found at https://access.trade.gov/help/
                                                                                                          All comments and submissions to the                   2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
                                                  Handbook%20on%20Electronic%20Filling%20                 Department must be filed electronically               v. United States, 688 F. Supp. 639, 644 (CIT 1988),
                                                  Procedures.pdf.                                         using ACCESS.                                         aff’d 865 F.2d 240 (Fed. Cir. 1989)).



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                                                                                Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices                                                           12713

                                                  ‘‘the article subject to an investigation’’             producers (or workers) have met the                         adequate evidence and meet the
                                                  (i.e., the class or kind of merchandise to              statutory criteria for industry support                     statutory requirements for initiation.24
                                                  be investigated, which normally will be                 under section 732(c)(4)(A)(i) of the Act
                                                                                                                                                                      Allegation of Sales at Less Than Fair
                                                  the scope as defined in the Petition).                  because the domestic producers (or
                                                     With regard to the domestic like                                                                                 Value
                                                                                                          workers) who support the Petition
                                                  product, Petitioners do not offer a                     account for at least 25 percent of the                         The following is a description of the
                                                  definition of the domestic like product                 total production of the domestic like                       allegation of sales at less than fair value
                                                  distinct from the scope of the                          product.19 Finally, the domestic                            upon which the Department based its
                                                  investigation. Based on our analysis of                 producers (or workers) have met the                         decision to initiate the investigation of
                                                  the information submitted on the                        statutory criteria for industry support                     stainless sheet and strip from the PRC.
                                                  record, we have determined that                         under section 732(c)(4)(A)(ii) of the Act                   The sources of data for the deductions
                                                  stainless sheet and strip constitutes a                 because the domestic producers (or                          and adjustments relating to U.S. price
                                                  single domestic like product and we                     workers) who support the Petition                           and NV are discussed in greater detail
                                                  have analyzed industry support in terms                 account for more than 50 percent of the                     in the initiation checklist.
                                                  of that domestic like product.13                        production of the domestic like product
                                                     In determining whether Petitioners                   produced by that portion of the industry                    Export Price
                                                  have standing under section                             expressing support for, or opposition to,
                                                  732(c)(4)(A) of the Act, we considered                                                                                 Petitioners based U.S. prices on price
                                                                                                          the Petition.20 Accordingly, the                            quotes for stainless sheet and strip
                                                  the industry support data contained in                  Department determines that the Petition
                                                  the Petition with reference to the                                                                                  produced in the PRC by affiliated
                                                                                                          was filed on behalf of the domestic                         companies of Baosteel Group
                                                  domestic like product as defined in the                 industry within the meaning of section
                                                  ‘‘Scope of the Investigation,’’ in                                                                                  Corporations (Baosteel) and Taiyuan
                                                                                                          732(b)(1) of the Act.                                       Iron & Steel (Group) Co., Ltd. (TISCO),
                                                  Appendix I of this notice. Petitioners
                                                  provided their production of the                           The Department finds that Petitioners                    and offered for sale to customers in the
                                                  domestic like product in 2015, as well                  filed the Petition on behalf of the                         United States.25 Petitioners made
                                                  as an estimate of total production of the               domestic industry because they are                          deductions from U.S. price for
                                                  domestic like product for the entire                    interested parties as defined in section                    movement expenses consistent with the
                                                  domestic industry.14 To establish                       771(9)(C) of the Act and they have                          delivery terms, as well as deductions for
                                                  industry support, Petitioners compared                  demonstrated sufficient industry                            distributor mark-up and unrebated VAT.
                                                  their own production to total estimated                 support with respect to the AD
                                                                                                          investigation that they are requesting                      Normal Value
                                                  production of the domestic like product
                                                  for the entire domestic industry.15 We                  the Department to initiate.21                                  Petitioners stated that the Department
                                                  have relied upon data Petitioners                       Allegations and Evidence of Material                        has found the PRC to be a non-market
                                                  provided for purposes of measuring                      Injury and Causation                                        economy (NME) country in every
                                                  industry support.16                                                                                                 administrative proceeding in which the
                                                     Our review of the data provided in the                  Petitioners allege that the U.S.                         PRC has been involved.26 In accordance
                                                  Petition, the Second General Issues                     industry producing the domestic like                        with section 771(18)(C)(i) of the Act, the
                                                  Supplement, and other information                       product is being materially injured, or is                  presumption of NME status remains in
                                                  readily available to the Department                     threatened with material injury, by                         effect until revoked by the Department.
                                                  indicates that Petitioners have                         reason of the imports of the subject                        The presumption of NME status for the
                                                  established industry support.17 First,                  merchandise sold at less than normal                        PRC has not been revoked by the
                                                  the Petition established support from                   value (NV). In addition, Petitioners                        Department and, therefore, remains in
                                                  domestic producers (or workers)                         allege that subject imports exceed the                      effect for purposes of the initiation of
                                                  accounting for more than 50 percent of                  negligibility threshold provided for                        this investigation. Accordingly, the NV
                                                  the total production of the domestic like               under section 771(24)(A) of the Act.22                      of the product is appropriately based on
                                                  product and, as such, the Department is                    Petitioners contend that the industry’s                  factors of production (FOP) valued in a
                                                  not required to take further action in                  injured condition is illustrated by                         surrogate market economy country, in
                                                  order to evaluate industry support (e.g.,               reduced market share, underselling and                      accordance with section 773(c) of the
                                                  polling).18 Second, the domestic                        price suppression or depression, lost                       Act. In the course of this investigation,
                                                                                                          sales and revenues, reductions in U.S.                      all parties, and the public, will have the
                                                      13 For a discussion of the domestic like product

                                                  analysis in this case, see Antidumping Duty             production, shipments, and capacity                         opportunity to provide relevant
                                                  Investigation Initiation Checklist: Stainless Steel     utilization, decreased employment, and                      information related to the issues of the
                                                  Sheet and Strip from the People’s Republic of China     financial deterioration.23 We have                          PRC’s NME status and the granting of
                                                  (PRC AD Initiation Checklist), at Attachment II,        assessed the allegations and supporting                     separate rates to individual exporters.
                                                  Analysis of Industry Support for the Antidumping
                                                  and Countervailing Duty Petitions Covering              evidence regarding material injury,                            Petitioners claim that Thailand is an
                                                  Stainless Steel Sheet and Strip from the People’s       threat of material injury, and causation,                   appropriate surrogate country because it
                                                  Republic of China (Attachment II). This checklist is    and we have determined that these                           is a market economy that is at a level of
                                                  dated concurrently with this notice and on file         allegations are properly supported by
                                                  electronically via ACCESS. Access to documents                                                                      economic development comparable to
                                                  filed via ACCESS is also available in the Central
                                                  Records Unit, Room 18022 of the main Department               19 See   PRC AD Initiation Checklist, at Attachment      24 See PRC AD Initiation Checklist, at Attachment
                                                  of Commerce building.                                   II.                                                         III, Analysis of Allegations and Evidence of Material
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                      14 See Volume I of the Petition, at 4–5 and               20 Id.
                                                                                                                                                                      Injury and Causation for the Antidumping and
                                                  Exhibits GEN–1 and GEN–12.                                    21 Id.                                                Countervailing Duty Petitions Covering Stainless
                                                      15 Id. For further discussion, see PRC AD             22 See Volume I of the Petition, at 13 and Exhibit        Steel Sheet and Strip from the People’s Republic of
                                                  Initiation Checklist, at Attachment II.                 GEN–6; see also Second General Issues                       China.
                                                      16 See PRC AD Initiation Checklist, at Attachment
                                                                                                          Supplement, at 4–5 and Exhibit GEN-Supp. 6.                    25 See Volume II of the Petition at 2, Exhibits AD–
                                                  II.                                                       23 See Volume I of the Petition, at 14–19 and             1A and AD–1B; see also, AD Petition Supplement
                                                      17 Id.                                                                                                          at 2 and Exhibit AD-Supp. 1A; and AD Petition
                                                                                                          Exhibits GEN–6 and GEN–8 through GEN–12; see
                                                      18 See section 732(c)(4)(D) of the Act; see also    also Second General Issues Supplement, at 4–5 and           Supplement Signed Declaration at Attachment 1.
                                                  PRC AD Initiation Checklist, at Attachment II           Exhibit GEN-Supp. 5.                                           26 See Volume II of the Petition at 2.




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                                                  12714                         Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices

                                                  that of the PRC and it is a significant                 Valuation of Labor                                      Initiation of Less Than Fair Value
                                                  producer of comparable merchandise.27                                                                           Investigation
                                                                                                            Petitioners valued labor using The
                                                    Based on the information provided by                                                                             Based upon the examination of the
                                                  Petitioners, we believe it is appropriate               2012 Business and Industrial Census:
                                                                                                                                                                  AD Petition on stainless sheet and strip
                                                  to use Thailand as a surrogate country                  Manufacturing Industry, Whole
                                                                                                                                                                  from the PRC, we find that the Petition
                                                  for initiation purposes. Interested                     Kingdom, published by the National
                                                                                                                                                                  meets the requirements of section 732 of
                                                  parties will have the opportunity to                    Statistical Office of Thailand.32
                                                                                                                                                                  the Act. Therefore, we are initiating an
                                                  submit comments regarding surrogate                     Specifically, Petitioners relied on data                AD investigation to determine whether
                                                  country selection and, pursuant to 19                   pertaining to wages earned by Thai                      imports of stainless sheet and strip from
                                                  CFR 351.301(c)(3)(i), will be provided                  workers engaged in the manufacturing                    the PRC are being, or are likely to be,
                                                  an opportunity to submit publicly                       sector of the economy.33 Petitioners                    sold in the United States at less than fair
                                                  available information to value FOPs                     inflated the wage rate using data for the               value. In accordance with section
                                                  within 30 days before the scheduled                     Thailand Consumer Price Index (CPI)                     733(b)(1)(A) of the Act and 19 CFR
                                                  date of the preliminary determination.                  published for the POI.34                                351.205(b)(1), unless postponed, we will
                                                                                                          Valuation of Packing Materials                          make our preliminary determination no
                                                  Factors of Production (FOP)
                                                                                                                                                                  later than 140 days after the date of this
                                                     Petitioners based the FOPs for                         Petitioners valued the packing                        initiation.
                                                  materials, labor, and energy on average                 materials used by PRC producers based                      On June 29, 2015, the President of the
                                                  major U.S. producers’ consumption                       on Thai import data for the POI                         United States signed into law the Trade
                                                  rates for producing stainless sheet and                 obtained from GTA.35                                    Preferences Extension Act of 2015,
                                                  strip adjusted for known differences that                                                                       which made numerous amendments to
                                                  can be quantified based on the                          Valuation of Energy/Water                               the AD and CVD law.41 The 2015 law
                                                  experience of the U.S. industry, as an                                                                          does not specify dates of application for
                                                                                                            Petitioners valued electricity using                  those amendments. On August 6, 2015,
                                                  estimate of the PRC producers’ FOPs.28                  data published by the Electricity
                                                  Petitioners valued the estimated FOPs                                                                           the Department published an
                                                                                                          Generating Authority of Thailand.36 In                  interpretative rule, in which it
                                                  using surrogate values from Thailand,                   addition, Petitioners valued natural gas
                                                  with the exception of surrogate financial                                                                       announced the applicability dates for
                                                                                                          using Thai import data of liquid natural                each amendment to the Act, except for
                                                  ratios.29                                               gas and universal conversion factors.37                 amendments contained in section 771(7)
                                                  Valuation of Raw Materials                              Further, Petitioners valued water using                 of the Act, which relate to
                                                                                                          the tariff rate published by the Thai                   determinations of material injury by the
                                                     Petitioners valued the FOPs for raw                  Metropolitan Waterworks Authority.38
                                                  materials using public import data for                                                                          ITC.42 The amendments to sections
                                                  Thailand obtained from the Global                       Valuation of Factory Overhead, Selling,                 771(15), 773, 776, and 782 of the Act are
                                                  Trade Atlas (GTA) for the POI.30                        General and Administrative Expenses,                    applicable to all determinations made
                                                  Petitioners excluded all import values                  and Profit                                              on or after August 6, 2015, and,
                                                  from countries previously determined                                                                            therefore, apply to this AD
                                                  by the Department to maintain broadly                      Petitioners relied on surrogate                      investigation.43
                                                  available, non-industry-specific export                 financial ratios (i.e., factory overhead,
                                                                                                                                                                  Respondent Selection
                                                  subsidies and from countries previously                 Selling, General & Administrative
                                                                                                          expenses, and profit) it calculated using                  Petitioners named 158 companies
                                                  determined by the Department to be
                                                                                                          the 2014 audited financial statement of                 from the PRC as producers/exporters of
                                                  NME countries. In addition, in
                                                                                                          Grupo Simec, S.A.B. de C.V., a Mexican                  stainless sheet and strip.44 Following
                                                  accordance with the Department’s
                                                                                                          producer of comparable merchandise                      standard practice for respondent
                                                  practice, Petitioners exclude imports
                                                                                                          (i.e., processed steel products).39                     selection in cases involving NME
                                                  that were labeled as originating from an
                                                                                                                                                                  countries, we intend to issue quantity
                                                  unidentified country. Petitioners added                 Fair Value Comparisons                                  and value (Q&V) questionnaires to each
                                                  to these import values the average
                                                                                                                                                                  potential respondent, for which
                                                  inland freight charges for importing                       Based on the data provided by                        Petitioners have provided a complete
                                                  goods into Thailand as reported in                      Petitioners, there is reason to believe                 address, and base respondent selection
                                                  Doing Business 2016: Thailand, based                    that imports of stainless sheet and strip               on the responses received. In addition,
                                                  on the distance from the nearest port to                from the PRC are being, or are likely to                the Department will post the Q&V
                                                  the PRC producer’s mill.31 The                          be, sold in the United States at less than              questionnaire along with filing
                                                  Department determines that the                          fair value. Based on comparisons of EP                  instructions on the Enforcement and
                                                  surrogate values used by Petitioners are                to NV, in accordance with section 773(c)                Compliance Web site at http://
                                                  reasonably available, and thus, are                     of the Act, the estimated dumping                       www.trade.gov/enforcement/news.asp.
                                                  acceptable for purposes of initiation.                  margin for stainless sheet and strip from                  Exporters/producers of stainless sheet
                                                                                                          the PRC are 51.07 and 76.64 percent.40                  and strip from the PRC that do not
                                                    27 Id.,  at 1–2.
                                                    28 Id.,
                                                                                                                                                                  receive Q&V questionnaires by mail may
                                                             at 6 and Exhibit AD–9.                         32 Id.,   at 8 and Exhibit AD–15.
                                                     29 Id., at Exhibit AD–10. As discussed in the PRC
                                                                                                                                                                  still submit a response to the Q&V
                                                                                                            33 Id.
                                                  AD Initiation Checklist, Petitioners used surrogate       34 Id.,  at Exhibits AD–12 and AD–15.                   41 See Trade Preferences Extension Act of 2015,
                                                  financial ratios from the financial statements of a
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                                                                                                            35 Id.,  at Exhibits AD–10A, AD–10B, and AD–13.
                                                  Mexican steel producer, because they were unable                                                                Public Law 114–27, 129 Stat. 362 (2015).
                                                                                                             36 Id., at 7 and Exhibit AD–14A.
                                                  to obtain publicly available financial statements of                                                              42 See Dates of Application of Amendments to the
                                                                                                             37 Id., at Exhibit AD–14B.
                                                  an integrated steel producer in Thailand, and to the                                                            Antidumping and Countervailing Duty Laws Made
                                                  best of their knowledge, many Thai producers also          38 See AD Petition Supplement at 3–4 and Exhibit     by the Trade Preferences Extension Act of 2015, 80
                                                  benefit from potentially countervailable subsidies.     AD-Supp.2.                                              FR 46793 (August 6, 2015) (‘‘Applicability Notice’’).
                                                  Id., at 7 and 9.                                           39 See Volume II of the Petition at 7 and Exhibit      43 Id. at 46794–95. The 2015 amendments may be
                                                     30 Id., at Exhibit AD–13.                            AD–16; for further discussion of the surrogate          found at https://www.congress.gov/bill/114th-
                                                     31 Id., at 7 and Exhibits AD–3A; see also AD         financial ratios, see PRC AD Initiation Checklist.      congress/house-bill/1295/text/pl.
                                                  Petition Supplement, at 3 and AD-Supp. 3A.                 40 See PRC AD Initiation Checklist.                    44 See Volume I of Petition at Exhibit GEN–5.




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                                                                                Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices                                                     12715

                                                  questionnaire and can obtain a copy                     rates’’ because such rates apply to specific             addressed in 19 CFR 351.301, which
                                                  from the Enforcement and Compliance                     combinations of exporters and one or more                provides specific time limits based on
                                                  Web site. The Q&V response must be                      producers. The cash-deposit rate assigned to             the type of factual information being
                                                                                                          an exporter will apply only to merchandise
                                                  submitted by all PRC exporters/                         both exported by the firm in question and
                                                                                                                                                                   submitted. Please review the regulations
                                                  producers no later than March 17, 2016,                 produced by a firm that supplied the exporter            prior to submitting factual information
                                                  which is two weeks from the signature                   during the period of investigation.47                    in this investigation.
                                                  date of this notice. All Q&V responses                                                                           Extensions of Time Limits
                                                  must be filed electronically via                        Distribution of Copies of the Petition
                                                  ACCESS.                                                                                                             Parties may request an extension of
                                                                                                            In accordance with section                             time limits before the expiration of a
                                                  Separate Rates                                          732(b)(3)(A) of the Act and 19 CFR                       time limit established under 19 CFR
                                                    In order to obtain separate-rate status               351.202(f), a copy of the public version                 351, or as otherwise specified by the
                                                  in an NME investigation, exporters and                  of the Petition has been provided to the                 Secretary. In general, an extension
                                                                                                          government of the PRC via ACCESS. To                     request will be considered untimely if it
                                                  producers must submit a separate-rate
                                                                                                          the extent practicable, we will attempt                  is filed after the expiration of the time
                                                  application.45 The specific requirements
                                                                                                          to provide a copy of the public version                  limit established under 19 CFR 351. For
                                                  for submitting a separate-rate
                                                                                                          of the Petition to each exporter named                   submissions that are due from multiple
                                                  application are outlined in detail in the
                                                                                                          in the Petition, as provided under 19                    parties simultaneously, an extension
                                                  application itself, which is available on
                                                                                                          CFR 351.203(c)(2).
                                                  the Department’s Web site at http://                                                                             request will be considered untimely if it
                                                  enforcement.trade.gov/nme/nme-sep-                      ITC Notification                                         is filed after 10:00 a.m. ET on the due
                                                  rate.html. The separate-rate application                  We will notify the ITC of our                          date. Under certain circumstances, we
                                                  will be due 30 days after publication of                initiation, as required by section 732(d)                may elect to specify a different time
                                                  this initiation notice.46 Exporters and                 of the Act.                                              limit by which extension requests will
                                                  producers who submit a separate-rate                                                                             be considered untimely for submissions
                                                  application and have been selected as                   Preliminary Determination by the ITC                     which are due from multiple parties
                                                  mandatory respondents will be eligible                     The ITC will preliminarily determine,                 simultaneously. In such a case, we will
                                                  for consideration for separate-rate status              within 45 days after the date on which                   inform parties in the letter or
                                                  only if they respond to all parts of the                the Petition was filed, whether there is                 memorandum setting forth the deadline
                                                  Department’s AD questionnaire as                        a reasonable indication that imports of                  (including a specified time) by which
                                                  mandatory respondents. The                              stainless sheet and strip from the PRC                   extension requests must be filed to be
                                                  Department requires that respondents                    are materially injuring or threatening                   considered timely. An extension request
                                                  submit a response to both the Q&V                       material injury to a U.S. industry.48 A                  must be made in a separate, stand-alone
                                                  questionnaire and the separate-rate                     negative ITC determination will result                   submission; under limited
                                                  application by their respective                         in the investigation being terminated; 49                circumstances we will grant untimely-
                                                  deadlines in order to receive                           otherwise, this investigation will                       filed requests for the extension of time
                                                  consideration for separate-rate status.                 proceed according to statutory and                       limits. Please review Extension of Time
                                                                                                          regulatory time limits.                                  Limits; Final Rule, 78 FR 57790
                                                  Use of Combination Rates
                                                                                                                                                                   (September 20, 2013), available at
                                                    The Department will calculate                         Submission of Factual Information                        http://www.gpo.gov/fdsys/pkg/FR-2013-
                                                  combination rates for certain                              Factual information is defined in 19                  09-20/html/2013-22853.html, prior to
                                                  respondents that are eligible for a                     CFR 351.102(b)(21) as: (i) Evidence                      submitting factual information in this
                                                  separate rate in an NME investigation.                  submitted in response to questionnaires;                 investigation.
                                                  The Separate Rates and Combination                      (ii) evidence submitted in support of
                                                  Rates Bulletin states:                                  allegations; (iii) publicly available                    Certification Requirements
                                                    {w}hile continuing the practice of                    information to value factors under 19                      Any party submitting factual
                                                  assigning separate rates only to exporters, all         CFR 351.408(c) or to measure the                         information in an AD or CVD
                                                  separate rates that the Department will now             adequacy of remuneration under 19 CFR                    proceeding must certify to the accuracy
                                                  assign in its NME Investigation will be                 351.511(a)(2); (iv) evidence placed on                   and completeness of that information.52
                                                  specific to those producers that supplied the           the record by the Department; and (v)                    Parties are hereby reminded that revised
                                                  exporter during the period of investigation.            evidence other than factual information                  certification requirements are in effect
                                                  Note, however, that one rate is calculated for                                                                   for company/government officials, as
                                                  the exporter and all of the producers which             described in (i)–(iv). Any party, when
                                                  supplied subject merchandise to it during the           submitting factual information, must                     well as their representatives.
                                                  period of investigation. This practice applies          specify under which subsection of 19                     Investigations initiated on the basis of
                                                  both to mandatory respondents receiving an              CFR 351.102(b)(21) the information is                    petitions filed on or after August 16,
                                                  individually calculated separate rate as well           being submitted 50 and, if the                           2013, and other segments of any AD or
                                                  as the pool of non-investigated firms                   information is submitted to rebut,                       CVD proceedings initiated on or after
                                                  receiving the weighted-average of the                   clarify, or correct factual information                  August 16, 2013, should use the formats
                                                  individually calculated rates. This practice is         already on the record, to provide an                     for the revised certifications provided at
                                                  referred to as the application of ‘‘combination
                                                                                                          explanation identifying the information                  the end of the Final Rule.53 The
                                                    45 See Policy Bulletin 05.1: Separate-Rates
                                                                                                          already on the record that the factual                   Department intends to reject factual
                                                  Practice and Application of Combination Rates in        information seeks to rebut, clarify, or                  submissions if the submitting party does
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                                                  Antidumping Investigation involving Non-Market          correct.51 Time limits for the
                                                  Economy Countries (April 5, 2005), available at         submission of factual information are                      52 See section 782(b) of the Act.
                                                  http://enforcement.trade.gov/policy/bull05-1.pdf                                                                   53 See Certification of Factual Information to
                                                  (Policy Bulletin 05.1).                                   47 See                                                 Import Administration during Antidumping and
                                                    46 Although in past investigations this deadline                 Policy Bulletin 05.1 at 6 (emphasis added).
                                                                                                            48 See
                                                                                                                                                                   Countervailing Duty Proceedings, 78 FR 42678 (July
                                                  was 60 days, consistent with 19 CFR 351.301(a),                    section 733(a) of the Act.                    17, 2013) (Final Rule); see also frequently asked
                                                                                                            49 Id.
                                                  which states that ‘‘the Secretary may request any                                                                questions regarding the Final Rule, available at
                                                                                                            50 See   19 CFR 351.301(b).
                                                  person to submit factual information at any time                                                                 http://enforcement.trade.gov/tlei/notices/
                                                  during a proceeding,’’ this deadline is now 30 days.      51 See   19 CFR 351.301(b)(2).                         factual_info_final_rule_FAQ_07172013.pdf.



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                                                  12716                        Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices

                                                  not comply with applicable revised                      scope of this investigation unless specifically       National Estuarine Research Reserve
                                                  certification requirements.                             excluded.                                             Management Plan revision.
                                                                                                             Subject merchandise includes stainless
                                                  Notification to Interested Parties                      steel sheet and strip that has been further           SUMMARY:   Notice is hereby given that
                                                                                                          processed in a third country, including but           the Stewardship Division, Office for
                                                    Interested parties must submit                        not limited to cold-rolling, annealing,
                                                  applications for disclosure under                                                                             Coastal Management, National Ocean
                                                                                                          tempering, polishing, aluminizing, coating,           Service, National Oceanic and
                                                  administrative protective order (‘‘APO’’)               painting, varnishing, trimming, cutting,
                                                  in accordance with 19 CFR 351.305. On                                                                         Atmospheric Administration, U.S.
                                                                                                          punching, and/or slitting, or any other
                                                  January 22, 2008, the Department                        processing that would not otherwise remove
                                                                                                                                                                Department of Commerce is announcing
                                                  published Antidumping and                               the merchandise from the scope of the                 a thirty (30) day public comment period
                                                  Countervailing Duty Proceedings:                        investigation if performed in the country of          for the revised Management Plan for
                                                  Documents Submission Procedures;                        manufacture of the stainless steel sheet and          Padilla Bay, Washington National
                                                  APO Procedures, 73 FR 3634 (January                     strip.                                                Estuarine Research Reserve
                                                  22, 2008). Parties wishing to participate                  Excluded from the scope of this                    Management Plan revision. In
                                                                                                          investigation are the following: (1) Sheet and        accordance with 15 CFR 921.33(c), the
                                                  in this investigation should ensure that                strip that is not annealed or otherwise heat
                                                  they meet the requirements of these                                                                           Padilla Bay Reserve revised its
                                                                                                          treated and not pickled or otherwise                  Management Plan, which will replace
                                                  procedures (e.g., the filing of letters of              descaled; (2) plate (i.e., flat-rolled stainless
                                                  appearance as discussed in 19 CFR                                                                             the plan previously approved in 2008.
                                                                                                          steel products of a thickness of 4.75 mm or
                                                                                                                                                                   The revised Management Plan
                                                  351.103(d)).                                            more); and (3) flat wire (i.e., cold-rolled
                                                                                                          sections, with a mill edge, rectangular in            outlines the administrative structure;
                                                    This notice is issued and published                                                                         the research/monitoring, stewardship,
                                                  pursuant to section 777(i) of the Act.                  shape, of a width of not more than 9.5 mm).
                                                                                                             The products under investigation are               education, and training programs of the
                                                    Dated: March 3, 2016.                                 currently classifiable under Harmonized               Reserve; and the plans for future land
                                                  Paul Piquado,                                           Tariff Schedule of the United States (HTSUS)          acquisition and facility development to
                                                  Assistant Secretary for Enforcement and                 subheadings 7219.13.0031, 7219.13.0051,               support Reserve operations.
                                                  Compliance.                                             7219.13.0071, 7219.13.0081, 7219.14.0030,                The Padilla Bay Reserve takes an
                                                                                                          7219.14.0065, 7219.14.0090, 7219.23.0030,             integrated approach to management,
                                                  Appendix I                                              7219.23.0060, 7219.24.0030, 7219.24.0060,             linking research, education, coastal
                                                                                                          7219.32.0005, 7219.32.0020, 7219.32.0025,
                                                  Scope of the Investigation
                                                                                                          7219.32.0035, 7219.32.0036, 7219.32.0038,
                                                                                                                                                                training, and stewardship functions.
                                                     The merchandise covered by this                      7219.32.0042, 7219.32.0044, 7219.32.0045,             The Reserve has outlined how it will
                                                  investigation is stainless steel sheet and strip,       7219.32.0060, 7219.33.0005, 7219.33.0020,             manage administration and its core
                                                  whether in coils or straight lengths. Stainless         7219.33.0025, 7219.33.0035, 7219.33.0036,             program providing detailed actions that
                                                  steel is an alloy steel containing, by weight,          7219.33.0038, 7219.33.0042, 7219.33.0044,             will enable it to accomplish specific
                                                  1.2 percent or less of carbon and 10.5 percent          7219.33.0045, 7219.33.0070, 7219.33.0080,             goals and objectives. Since the last
                                                  or more of chromium, with or without other              7219.34.0005, 7219.34.0020, 7219.34.0025,             Management Plan, the Reserve has built
                                                  elements. The subject sheet and strip is a flat-        7219.34.0030, 7219.34.0035, 7219.34.0050,
                                                  rolled product with a width that is greater
                                                                                                                                                                out its core programs and monitoring
                                                                                                          7219.35.0005, 7219.35.0015, 7219.35.0030,             infrastructure; conducted an
                                                  than 9.5 mm and with a thickness of 0.3048              7219.35.0035, 7219.35.0050, 7219.90.0010,
                                                  mm and greater but less than 4.75 mm, and               7219.90.0020, 7219.90.0025, 7219.90.0060,
                                                                                                                                                                educational market analysis and needs
                                                  that is annealed or otherwise heat treated,             7219.90.0080, 7220.12.1000, 7220.12.5000,             assessment to better meet teacher needs
                                                  and pickled or otherwise descaled. The                  7220.20.1010, 7220.20.1015, 7220.20.1060,             and underserved audiences; developed
                                                  subject sheet and strip may also be further             7220.20.1080, 7220.20.6005, 7220.20.6010,             a Reserve Disaster Response Plan; and
                                                  processed (e.g., cold-rolled, annealed,                 7220.20.6015, 7220.20.6060, 7220.20.6080,             improved public access to the Reserve
                                                  tempered, polished, aluminized, coated,                 7220.20.7005, 7220.20.7010, 7220.20.7015,             through construction of a new boat
                                                  painted, varnished, trimmed, cut, punched,              7220.20.7060, 7220.20.7080, 7220.90.0010,             launch ramp and enhanced trails.
                                                  or slit, etc.) provided that it maintains the           7220.90.0015, 7220.90.0060, and                          Since the last management plan was
                                                  specific dimensions of sheet and strip set              7220.90.0080. Although the HTSUS
                                                  forth above following such processing. The
                                                                                                                                                                approved in 2008, the Padilla Bay
                                                                                                          subheadings are provided for convenience              Reserve has acquired an additional 110
                                                  products described include products                     and customs purposes, the written
                                                  regardless of shape, and include products of            description of the scope of this proceeding is
                                                                                                                                                                acres of tidelands inside the Reserve
                                                  either rectangular or non-rectangular cross-            dispositive.                                          boundary. With the approval of this
                                                  section where such cross-section is achieved                                                                  management plan, the Padilla Bay
                                                                                                          [FR Doc. 2016–05405 Filed 3–9–16; 8:45 am]
                                                  subsequent to the rolling process, i.e.,                                                                      Reserve will increase their total acreage
                                                  products which have been ‘‘worked after                 BILLING CODE 3510–DS–P
                                                                                                                                                                to 11,966. The change is attributable to
                                                  rolling’’ (e.g., products which have been                                                                     the recent acquisitions of several parcels
                                                  beveled or rounded at the edges).                                                                             by Reserve state agency, totaling 110
                                                     For purposes of the width and thickness              DEPARTMENT OF COMMERCE
                                                  requirements referenced above: (1) Where the
                                                                                                                                                                acres. All of the proposed additions are
                                                  nominal and actual measurements vary, a                 National Oceanic and Atmospheric                      owned by the Washington Department
                                                  product is within the scope if application of           Administration                                        of Ecology and will be managed for
                                                  either the nominal or actual measurement                                                                      long-term protection and conservation
                                                  would place it within the scope based on the            Notice of Public Comment Period;                      value. These parcels have high
                                                  definitions set forth above; and (2) where the          National Estuarine Research Reserve                   ecological value and will enhance the
                                                  width and thickness vary for a specific                 System                                                Reserve’s ability to provide increased
                                                  product (e.g., the thickness of certain
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                opportunities for research, education,
                                                  products with non-rectangular cross-section,            AGENCY:  Stewardship Division, Office                 and stewardship. The revised
                                                  the width of certain products with non-                 for Coastal Management, National
                                                  rectangular shape, etc.), the measurement at
                                                                                                                                                                Management Plan will serve as the
                                                                                                          Ocean Service, National Oceanic and                   guiding document for the expanded
                                                  its greatest width or thickness applies.                Atmospheric Administration, U.S.
                                                     All products that meet the written physical                                                                11,966 acre Padilla Bay Reserve.
                                                  description, and in which the chemistry
                                                                                                          Department of Commerce.                                  View the Padilla Bay, Washington
                                                  quantities do not exceed any one of the noted           ACTION: Notice of Public Comment                      Reserve Management Plan revision at
                                                  element levels listed above, are within the             Period for the Padilla Bay, Washington                www.padillabay.gov/publications.asp


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Document Created: 2018-02-02 15:11:37
Document Modified: 2018-02-02 15:11:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective March 3, 2016.
ContactToni Page at (202) 482-1398 and Lingjun Wang (202) 482-2316, AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 12711 

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