81 FR 13322 - Stainless Steel Sheet and Strip From the People's Republic of China: Initiation of Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 49 (March 14, 2016)
International Trade Administration
Federal Register Volume 81, Issue 49 (March 14, 2016)
| Page Range | 13322-13326 | |
| FR Document | 2016-05469 |
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)] [Notices] [Pages 13322-13326] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05469] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-043] Stainless Steel Sheet and Strip From the People's Republic of China: Initiation of Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective March 3, 2016. FOR FURTHER INFORMATION CONTACT: Sean Carey at (202) 482-3964; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, 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 a countervailing duty (CVD) petition concerning imports of stainless steel 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 CVD petition was accompanied by an Antidumping Duty (AD) petition for stainless steel sheet and strip from the PRC.\2\ Petitioners are domestic producers of stainless steel sheet and strip, which represents the domestic industry engaged in the manufacture of stainless steel sheet and strip in the United States.\3\ --------------------------------------------------------------------------- \1\ See ``Stainless Steel Sheet and Strip from the People's Republic of China--Petitions for the Imposition of Antidumping and Countervailing Duties,'' dated February 12, 2016 (Petition). \2\ Id. \3\ See Volume I of the Petition, at 2-3. --------------------------------------------------------------------------- On February 17, 2016, the Department requested information and clarification of certain areas of the Petition.\4\ On February 19, 2016, Petitioners filed responses to these requests \5\ and an amendment to the scope section of the petition.\6\ --------------------------------------------------------------------------- \4\ See the following February 17, 2016, letters from the Department to Petitioners: ``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'' (General Issues Supplemental Questionnaire), ``Petition for the Imposition of Countervailing Duties on Imports of Stainless Steel Sheet and Strip from the People's Republic of China: Supplemental Questions'' (CVD Supplemental Questionnaire). \5\ See the following February 19, 2016, responses from Petitioners: ``Stainless Steel Sheet and Strip from the People's Republic of China--Petitioners' Response to the Department's Questions on General and Injury Volume of Petition and Amendment to Petition to Modify Scope Language,'' (General Issues Supplement); ``Stainless Steel Sheet and Strip from the People's Republic of China--Petitioners' Response to the CVD Supplemental Questionnaire'' (CVD Supplemental Response). \6\ See CVD Supplemental Response, at Exhibit GEN-Supp.2. --------------------------------------------------------------------------- In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), Petitioners allege that the Government of China (GOC) is providing countervailable subsidies (within the meaning of sections 701 and 771(5) of the Act) to imports of stainless steel sheet and strip from the PRC, and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 702(b)(1) of the Act, for those alleged programs in the PRC on which we have initiated a CVD investigation, the Petition is accompanied by information reasonably available to Petitioners supporting their allegation. The Department finds that Petitioner filed this Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act, and Petitioner has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting the Department to initiate.\7\ --------------------------------------------------------------------------- \7\ See the ``Determination of Industry Support for the Petitions'' section below. --------------------------------------------------------------------------- Period of Investigation Pursuant to 19 CFR 351.204(b)(2), because the Petition was filed on February 12, 2016, the period of investigation is January 1, 2015, through December 31, 2015. Scope of the Investigation The product covered by this investigation is stainless steel sheet and strip from the PRC. For a full description of the scope of the investigation, see the ``Scope of the Investigation'' in Appendix I of this notice. Comments on Scope of the Investigations 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 [[Page 13323]] of the products for which the domestic industry is seeking relief.\8\ --------------------------------------------------------------------------- \8\ See General Issues Supplemental Questionnaire. --------------------------------------------------------------------------- As discussed in the preamble to the Department's regulations,\9\ we are setting aside a period for interested parties to raise issues regarding product coverage (scope). The Department will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. 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 submit such comments by 5:00 p.m. Eastern Time (ET) on Tuesday, 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.\10\ --------------------------------------------------------------------------- \9\ See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). \10\ 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.'') --------------------------------------------------------------------------- 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 investigations may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must also be filed on the record of each of the concurrent AD and CVD investigations. 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).\11\ An electronically- filed document must be received successfully in its entirety by the time and date 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. --------------------------------------------------------------------------- \11\ See 19 CFR 351.303 (for general filings requirements); see also 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. --------------------------------------------------------------------------- Consultations Pursuant to section 702(b)(4)(A)(i) of the Act, the Department notified representatives of the GOC of the receipt of the Petition. Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the Department provided representatives of the GOC the opportunity for consultations with respect to the CVD Petition. Consultations were held with representatives of the PRC on February 25, 2016.\12\ All invitation letters and memoranda regarding these consultations are on file electronically via ACCESS. --------------------------------------------------------------------------- \12\ See Memorandum, ``Countervailing Duty Petition on Stainless Steel Sheet from the People's Republic of China: Consultations with the Government of China,'' February 26, 2016. --------------------------------------------------------------------------- Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(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 702(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,\13\ 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.\14\ --------------------------------------------------------------------------- \13\ See section 771(10) of the Act. \14\ 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)). --------------------------------------------------------------------------- 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 ``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.\15\ --------------------------------------------------------------------------- \15\ For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Stainless Steel Sheet and Strip from the People's Republic of China (PRC CVD 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. --------------------------------------------------------------------------- In determining whether Petitioners have standing under section 702(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 [[Page 13324]] as an estimate of total production of the domestic like product for the entire domestic industry.\16\ To establish industry support, Petitioners compared their own production to total estimated production of the domestic like product for the entire domestic industry.\17\ We have relied upon data Petitioners provided for purposes of measuring industry support.\18\ --------------------------------------------------------------------------- \16\ See Volume I of the Petition, at 4-5 and Exhibits GEN-1 and GEN-12. \17\ Id. For further discussion, see PRC CVD Initiation Checklist, at Attachment II. \18\ See PRC CVD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- 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.\19\ 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).\20\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(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.\21\ Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(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.\22\ Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \19\ Id. \20\ See section 702(c)(4)(D) of the Act; see also PRC CVD Initiation Checklist, at Attachment II. \21\ See PRC CVD Initiation Checklist, at Attachment II. \22\ Id. --------------------------------------------------------------------------- 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 that they have demonstrated sufficient industry support with respect to the CVD investigation that they are requesting the Department initiate.\23\ --------------------------------------------------------------------------- \23\ Id. --------------------------------------------------------------------------- Injury Test Because the PRC is a ``Subsidies Agreement Country'' within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation Petitioners allege that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threatening to cause, material injury to the U.S. industry producing the domestic like product. In addition, Petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\24\ --------------------------------------------------------------------------- \24\ See Volume I of the Petition, at 13 and Exhibit GEN-6; see also General Issues Supplement, at 4-5 and Exhibit GEN-Supp. 6. --------------------------------------------------------------------------- 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.\25\ 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.\26\ --------------------------------------------------------------------------- \25\ 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. \26\ See PRC CVD 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. --------------------------------------------------------------------------- Initiation of Countervailing Duty Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party filed a CVD petition on behalf of an industry that: (1) alleges elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to Petitioners supporting the allegations. Petitioners allege that producers/exporters of stainless steel sheet and strip from the PRC benefit from countervailable subsidies bestowed by the GOC. The Department examined the Petition and finds that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether manufacturers, producers, or exporters of stainless steel sheet and strip from the PRC receive countervailable subsidies from the GOC. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on all 41 alleged programs in the PRC.\27\ For a full discussion of the basis for our decision to initiate on each program, see the PRC CVD Initiation Checklist. A public version of the initiation checklists for each investigation is available on ACCESS. --------------------------------------------------------------------------- \27\ See PRC CVD Initiation Checklist for a more detailed explanation. --------------------------------------------------------------------------- In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 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.\28\ 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.\29\ 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 CVD investigation.\30\ --------------------------------------------------------------------------- \28\ See Trade Preferences Extension Act of 2015, Pub. L. 114- 27, 129 Stat. 362 (2015). \29\ 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). \30\ Id., at 46794-95. The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl. --------------------------------------------------------------------------- Respondent Selection Petitioners named 158 companies as producers/exporters of stainless steel sheet and strip in the PRC.\31\ Following standard practice in CVD investigations, the Department will, where appropriate, select respondents based on U.S. Customs and Border Protection (``CBP'') data for U.S. imports of amorphous silica fabric during the period of investigation. For this investigation, the Department will release U.S. Customs and Border Protection (CBP) data for [[Page 13325]] U.S. imports of subject merchandise during the period of investigation under the Harmonized Tariff Schedule of the United States (HTSUS) numbers listed in the scope. We intend to release the CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO within five business days of the announcement of this Federal Register notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found at http://enforcement.trade.gov/apo/. Interested parties may submit comments regarding the CBP data and respondent selection. Comments must be filed in accordance with the filing requirements stated above. If respondent selection is necessary, we intend to base our decision regarding respondent selection upon comments received from interested parties and our analysis of the record information within 20 days of publication of this notice. --------------------------------------------------------------------------- \31\ See Volume I of the Petition, at Exhibit GEN-5. --------------------------------------------------------------------------- Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public version of the Petition have been provided to the GOC via ACCESS. Because of the particularly large number of producers/exporters identified in the Petition, the Department considers the service of the public version of the Petition to the foreign producers/exporters satisfied by the delivery of the public version to the GOC, consistent with 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(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 steel sheet and strip from the PRC are materially injuring, or threatening material injury to, a U.S. industry.\32\ A negative ITC determination will result in the investigation being terminated; \33\ otherwise, these investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \32\ See section 703(a)(2) of the Act. \33\ See section 703(a)(1) of the Act. --------------------------------------------------------------------------- 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, is required to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted \34\ and, if the information is being 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.\35\ 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. Parties should review the regulations prior to submitting factual information in these investigations. --------------------------------------------------------------------------- \34\ See 19 CFR 351.301(b). \35\ See 19 CFR 351.301(b)(2). --------------------------------------------------------------------------- Extension 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. 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.htm, prior to submitting factual information in these investigations. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\36\ 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.\37\ The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. --------------------------------------------------------------------------- \36\ See section 782(b) of the Act. \37\ 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 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 these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 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, [[Page 13326]] 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. 2016-05469 Filed 3-11-16; 8:45 am] BILLING CODE 3510-DS-P
![13322 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices
Dated: March 4, 2016. Comment 12: Whether The Department February 19, 2016, Petitioners filed
Paul Piquado, Should Have Investigated Other Potential responses to these requests 5 and an
Countervailable Subsidies amendment to the scope section of the
Assistant Secretary for Enforcement and
Compliance. [FR Doc. 2016–05713 Filed 3–11–16; 8:45 am] petition.6
BILLING CODE 3510–DS–P In accordance with section 702(b)(1)
Appendix I
of the Tariff Act of 1930, as amended
Scope of the Investigation (the Act), Petitioners allege that the
The merchandise covered by this DEPARTMENT OF COMMERCE Government of China (GOC) is
investigation is polyethylene terephthalate providing countervailable subsidies
International Trade Administration
(PET) resin having an intrinsic viscosity of at (within the meaning of sections 701 and
least 0.70, but not more than 0.88, deciliters [C–570–043] 771(5) of the Act) to imports of stainless
per gram. The scope includes blends of virgin steel sheet and strip from the PRC, and
PET resin and recycled PET resin containing Stainless Steel Sheet and Strip From that such imports are materially
50 percent or more virgin PET resin content the People’s Republic of China: injuring, or threatening material injury
by weight, provided such blends meet the Initiation of Countervailing Duty
intrinsic viscosity requirements above. The to, an industry in the United States.
Investigation Also, consistent with section 702(b)(1)
scope includes all PET resin meeting the
above specifications regardless of additives AGENCY: Enforcement and Compliance, of the Act, for those alleged programs in
introduced in the manufacturing process. International Trade Administration, the PRC on which we have initiated a
The merchandise subject to this investigation Department of Commerce. CVD investigation, the Petition is
is properly classified under subheading accompanied by information reasonably
DATES: Effective March 3, 2016.
3907.60.00.30 of the Harmonized Tariff available to Petitioners supporting their
Schedule of the United States (HTSUS). FOR FURTHER INFORMATION CONTACT:
allegation.
Although the HTSUS subheading is provided Sean Carey at (202) 482–3964; AD/CVD
Operations, Enforcement and The Department finds that Petitioner
for convenience and customs purposes, the
written description of the merchandise under Compliance, International Trade filed this Petition on behalf of the
investigation is dispositive. Administration, U.S. Department of domestic industry because it is an
Commerce, 14th Street and Constitution interested party as defined in section
Appendix II 771(9)(C) of the Act, and Petitioner has
Avenue NW., Washington, DC 20230.
List of Topics Discussed in the Issues and demonstrated sufficient industry
SUPPLEMENTARY INFORMATION:
Decision Memorandum support with respect to the CVD
The Petition investigation that it is requesting the
Tariff Liability Issues
On February 12, 2016, the Department Department to initiate.7
Comment 1: Whether the Absence of Duty
Liability Based on OCTAL’s Location in of Commerce (Department) received a Period of Investigation
the SFZ Is a Countervailable Subsidy countervailing duty (CVD) petition
concerning imports of stainless steel Pursuant to 19 CFR 351.204(b)(2),
Comment 2: Whether Petitioners’ Subsidy
Allegations Regarding OCTAL’s Tariff sheet and strip from the People’s because the Petition was filed on
Exemptions Were Properly Alleged Republic of China (PRC), filed in proper February 12, 2016, the period of
form on behalf of AK Steel Corporation, investigation is January 1, 2015, through
Provision of Land for Less Than Adequate December 31, 2015.
Remuneration (LTAR) Issues Allegheny Ludlum, LLC d/b/a ATI Flat
Rolled Products, North American Scope of the Investigation
Comment 3: Whether the Department Should
Recalculate the Land for LTAR Rate With Stainless, and Outokumpu Stainless
USA, LLC (collectively, Petitioners).1 The product covered by this
a Revised Benchmark investigation is stainless steel sheet and
Comment 4: Whether the Provision of Land The CVD petition was accompanied by
an Antidumping Duty (AD) petition for strip from the PRC. For a full
for LTAR to OCTAL Is an Export Subsidy
Comment 5: Whether The Department stainless steel sheet and strip from the description of the scope of the
Should Recalculate the Land for LTAR PRC.2 Petitioners are domestic investigation, see the ‘‘Scope of the
Rate To Adjust for OCTAL’s Expenses To producers of stainless steel sheet and Investigation’’ in Appendix I of this
Develop the Land strip, which represents the domestic notice.
Provision of Infrastructure for LTAR Issues industry engaged in the manufacture of Comments on Scope of the
Comment 6: Whether the Department Should stainless steel sheet and strip in the Investigations
Continue To Find That OCTAL Benefited United States.3
On February 17, 2016, the Department During our review of the Petition, the
From GSO Non-General Infrastructure
requested information and clarification Department issued questions to, and
Funding in The Salalah Free Zone (SFZ)
Comment 7: Whether GSO Non-General of certain areas of the Petition.4 On received responses from, Petitioners
Infrastructure Funding in the SFZ Is an pertaining to the proposed scope to
Export Subsidy 1 See ‘‘Stainless Steel Sheet and Strip from the ensure that the scope language in the
Comment 8: Whether the Department People’s Republic of China—Petitions for the Petition would be an accurate reflection
Miscalculated the GSO Non-General Imposition of Antidumping and Countervailing
Infrastructure Funding Subsidy Duties,’’ dated February 12, 2016 (Petition). 5 See the following February 19, 2016, responses
2 Id. from Petitioners: ‘‘Stainless Steel Sheet and Strip
Provision of Electricity for LTAR Issues 3 See Volume I of the Petition, at 2–3. from the People’s Republic of China—Petitioners’
Comment 9: Whether the Department Should 4 See the following February 17, 2016, letters from Response to the Department’s Questions on General
Revise Its Electricity for LTAR Benchmark the Department to Petitioners: ‘‘Petitions for the and Injury Volume of Petition and Amendment to
jstallworth on DSK7TPTVN1PROD with NOTICES
Imposition of Antidumping and Countervailing Petition to Modify Scope Language,’’ (General
Comment 10: Whether the Provision of Issues Supplement); ‘‘Stainless Steel Sheet and
Electricity for LTAR Is Specific Duties on Imports of Stainless Steel Sheet and Strip
from the People’s Republic of China: Supplemental Strip from the People’s Republic of China—
Miscellaneous Issues Questions’’ (General Issues Supplemental Petitioners’ Response to the CVD Supplemental
Questionnaire), ‘‘Petition for the Imposition of Questionnaire’’ (CVD Supplemental Response).
Comment 11: Whether the Department Countervailing Duties on Imports of Stainless Steel 6 See CVD Supplemental Response, at Exhibit
Should Countervail OCTAL’s Lease With Sheet and Strip from the People’s Republic of GEN-Supp.2.
Salalah Port Services Company SAOG China: Supplemental Questions’’ (CVD 7 See the ‘‘Determination of Industry Support for
(SPSC) Supplemental Questionnaire). the Petitions’’ section below.
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![13326 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices
or slit, etc.) provided that it maintains the 7220.90.0015, 7220.90.0060, and results of review is now March 7, 2016.2
specific dimensions of sheet and strip set 7220.90.0080. Although the HTSUS For a complete description of the events
forth above following such processing. The subheadings are provided for convenience that followed the initiation of this
products described include products and customs purposes, the written
regardless of shape, and include products of description of the scope of this proceeding is administrative review, see the
either rectangular or non-rectangular cross- dispositive. Preliminary Decision Memorandum 3
section where such cross-section is achieved [FR Doc. 2016–05469 Filed 3–11–16; 8:45 am]
that is dated concurrently with, and
subsequent to the rolling process, i.e., hereby adopted by, this notice. The
BILLING CODE 3510–DS–P
products which have been ‘‘worked after Preliminary Decision Memorandum is a
rolling’’ (e.g., products which have been public document and is on file
beveled or rounded at the edges).
For purposes of the width and thickness DEPARTMENT OF COMMERCE electronically via Enforcement and
requirements referenced above: (1) Where the Compliance’s Antidumping and
nominal and actual measurements vary, a International Trade Administration Countervailing Duty Centralized
product is within the scope if application of Electronic Service System (‘‘ACCESS’’).
either the nominal or actual measurement [A–570–806] ACCESS is available to registered users
would place it within the scope based on the at http://access.trade.gov and in the
definitions set forth above; and (2) where the Silicon Metal From the People’s
width and thickness vary for a specific
Central Records Unit, room B8024 of the
Republic of China: Preliminary Results main Department of Commerce
product (e.g., the thickness of certain of Antidumping Duty Administrative
products with non-rectangular cross-section, building. In addition, a complete
the width of certain products with non- Review; 2014–2015 version of the Preliminary Results
rectangular shape, etc.), the measurement at AGENCY: Enforcement and Compliance, Decision Memorandum can be accessed
its greatest width or thickness applies. directly on the Internet at http://
International Trade Administration,
All products that meet the written physical enforcement.trade.gov/frn/index.html.
description, and in which the chemistry Department of Commerce
quantities do not exceed any one of the noted DATES: Effective Date: March 14, 2016. The signed and the electronic versions
element levels listed above, are within the SUMMARY: The Department of Commerce of the Preliminary Decision
scope of this investigation unless specifically (‘‘Department’’) is conducting an Memorandum are identical in content.
excluded. administrative review of the
Subject merchandise includes stainless Scope of the Order
antidumping duty order on silicon
steel sheet and strip that has been further
metal from the People’s Republic of The merchandise covered by this
processed in a third country, including but
not limited to cold-rolling, annealing, China (‘‘PRC’’) for the period of review review is silicon metal containing at
tempering, polishing, aluminizing, coating, (‘‘POR’’) June 1, 2014, through May 31, least 96.00 percent, but less than 99.99
painting, varnishing, trimming, cutting, 2015. This review covers two PRC percent of silicon by weight. Also
punching, and/or slitting, or any other companies. The Department covered by this review is silicon metal
processing that would not otherwise remove preliminarily determines that both of containing between 89.00 and 96.00
the merchandise from the scope of the the companies under review, Shanghai percent silicon by weight but which
investigation if performed in the country of Jinneng and Shanghai Jinfeng, are part
manufacture of the stainless steel sheet and
contains a higher aluminum content
of the PRC-wide entity. Interested than the silicon metal containing at least
strip.
parties are invited to comment on these 96.00 percent but less than 99.99
Excluded from the scope of this
investigation are the following: (1) Sheet and preliminary results. percent silicon by weight (58 FR 27542,
strip that is not annealed or otherwise heat FOR FURTHER INFORMATION CONTACT: May 10, 1993). Silicon metal is
treated and not pickled or otherwise Aleksandras Nakutis, AD/CVD currently provided for under
descaled; (2) plate (i.e., flat-rolled stainless Operations, Office IV, Enforcement & subheadings 2804.69.10 and 2804.69.50
steel products of a thickness of 4.75 mm or Compliance, International Trade
more); and (3) flat wire (i.e., cold-rolled
of the Harmonized Tariff Schedule
Administration, U.S. Department of (‘‘HTS’’) as a chemical product, but is
sections, with a mill edge, rectangular in
Commerce, 14th Street and Constitution commonly referred to as a metal.
shape, of a width of not more than 9.5 mm).
The products under investigation are Avenue NW., Washington, DC 20230; Semiconductor-grade silicon (silicon
currently classifiable under Harmonized telephone: (202) 482–3147. metal containing by weight not less than
Tariff Schedule of the United States (HTSUS) SUPPLEMENTARY INFORMATION: 99.99 percent of silicon and provided
subheadings 7219.13.0031, 7219.13.0051, for in subheading 2804.61.00 of the
7219.13.0071, 7219.13.0081, 7219.14.0030, Background
7219.14.0065, 7219.14.0090, 7219.23.0030,
HTS) is not subject to this order.
The Department published the notice Although the HTS numbers are
7219.23.0060, 7219.24.0030, 7219.24.0060, of initiation of this administrative
7219.32.0005, 7219.32.0020, 7219.32.0025, provided for convenience and customs
review on August 3, 2015.1 The
7219.32.0035, 7219.32.0036, 7219.32.0038, purposes, the written description
7219.32.0042, 7219.32.0044, 7219.32.0045, Department has exercised its discretion
remains dispositive.
7219.32.0060, 7219.33.0005, 7219.33.0020, to toll all administrative deadlines due
7219.33.0025, 7219.33.0035, 7219.33.0036, to the recent closure of the Federal 2 See Memorandum to the Record from Ron
7219.33.0038, 7219.33.0042, 7219.33.0044, Government because of Snowstorm Lorentzen, Acting Assistant Secretary for
7219.33.0045, 7219.33.0070, 7219.33.0080, ‘‘Jonas’’. Thus, all of the deadlines in Enforcement & Compliance, regarding ‘‘Tolling of
7219.34.0005, 7219.34.0020, 7219.34.0025, this segment of the proceeding have Administrative Deadlines as a Result of the
7219.34.0030, 7219.34.0035, 7219.34.0050, been extended by four business days. Government Closure during Snowstorm Jonas,’’
7219.35.0005, 7219.35.0015, 7219.35.0030, dated January 27, 2016.
jstallworth on DSK7TPTVN1PROD with NOTICES
The revised deadline for the preliminary 3 See Decision Memorandum for Preliminary
7219.35.0035, 7219.35.0050, 7219.90.0010,
7219.90.0020, 7219.90.0025, 7219.90.0060, Results of Antidumping Duty Administrative
1 See Initiation of Antidumping and Review: Silicon Metal from the People’s Republic of
7219.90.0080, 7220.12.1000, 7220.12.5000,
Countervailing Duty Administrative Reviews, 80 FR China; 2014–2015 (‘‘Preliminary Decision
7220.20.1010, 7220.20.1015, 7220.20.1060, 45947 (August 03, 2015) (‘‘Initiation Notice’’). The Memorandum’’), from Christian Marsh, Deputy
7220.20.1080, 7220.20.6005, 7220.20.6010, companies under review are: Shanghai Jinneng Assistant Secretary for Antidumping and
7220.20.6015, 7220.20.6060, 7220.20.6080, International Trade Co. Ltd. (‘‘Shanghai Jinneng’’) Countervailing Duty Operations to Paul Piquado,
7220.20.7005, 7220.20.7010, 7220.20.7015, and Shanghai Jinfeng Hardware Plastics Co. Ltd. Assistant Secretary for Enforcement and
7220.20.7060, 7220.20.7080, 7220.90.0010, (‘‘Shanghai Jinfeng’’). Compliance.
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Document Created: 2016-03-12 01:00:20
Document Modified: 2016-03-12 01:00:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective March 3, 2016. | |
| Contact | Sean Carey at (202) 482-3964; AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 81 FR 13322 |
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