81 FR 15225 - Certain Hot-Rolled Steel Flat Products From the Netherlands: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 55 (March 22, 2016)
International Trade Administration
Federal Register Volume 81, Issue 55 (March 22, 2016)
| Page Range | 15225-15228 | |
| FR Document | 2016-06457 |
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)] [Notices] [Pages 15225-15228] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06457] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-421-813] Certain Hot-Rolled Steel Flat Products From the Netherlands: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that certain hot-rolled steel flat products (hot-rolled steel) from the Netherlands are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is July 1, 2014, through June 30, 2015. The estimated weighted-average dumping margins of sales are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination. DATES: Effective: March 22, 2016. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0665. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this investigation on September 9, 2015.\1\ For a complete [[Page 15226]] description of the events that followed the initiation of this investigation, see the memorandum that is dated concurrently with this determination and hereby adopted by this notice.\2\ A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Certain Hot-Rolled Steel Flat Products from Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Initiation of Less-Than-Fair- Value Investigations, 80 FR 54261 (September 9, 2015) (Initiation Notice). \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for the Preliminary Determination in the Less- Than-Fair-Value Investigation of Certain Hot-Rolled Steel Flat Products from the Netherlands'' (Preliminary Decision Memorandum), dated concurrently with this notice. --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are hot-rolled steel from the Netherlands. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I. Scope Comments Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For discussion of those comments, see the Preliminary Decision Memorandum. Postponement of Deadline for Preliminary Determination The Department published the notice of postponement of preliminary determination of this investigation on November 25, 2015.\3\ Pursuant to sections 733(c)(1)(B)(i) and (ii) of the Act, we postponed the preliminary determination by 50 days.\4\ As a result of the postponement, the deadline for the preliminary determination of this investigation moved to March 8, 2016. As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government.\5\ All deadlines in this investigation have been extended by four business days.\6\ The revised deadline for the preliminary determination of this investigation is now March 14, 2016. --------------------------------------------------------------------------- \3\ See Certain Hot-Rolled Steel Flat Products from Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Postponement of Preliminary Determinations of Antidumping Duty Investigations, 80 FR 73702 (November 25, 2015). \4\ Id. \5\ See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement and Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016. \6\ Id. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Export prices have been calculated in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. In addition, the Department has relied on partial adverse facts available under sections 776(a) and (b) of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination the Department shall determine an estimated all-others rate for all exporters and producers not individually investigated, which shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. The Department calculated a company-specific rate for Tata Steel IJmuiden B.V that is not zero, de minimis or determined entirely under section 776 of the Act. Therefore, for purposes of determining the ``all-others'' rate and pursuant to section 735(c)(5)(A) of the Act, we are using the weighted-average dumping margin calculated for Tata Steel IJmuiden B.V as the estimated weighted-average dumping margin assigned to all other producers and exporters of the merchandise under consideration. Preliminary Determination The Department preliminarily determines that the following weighted-average dumping margins exist: ------------------------------------------------------------------------ Weighted- average margin Exporter/producer (percent) ------------------------------------------------------------------------ Tata Steel IJmuiden B.V.................. 5.07 All-Others............................... 5.07 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of hot-rolled steel from the Netherlands as described in the ``Scope of the Investigation'' section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which the NV exceeds U.S. price as indicated in the chart above. These suspension of liquidation instructions will remain in effect until further notice. Disclosure We intend to disclose the calculations performed to interested parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties are invited to comment on this preliminary determination. Verification As provided in section 782(i) of the Act, we intend to verify information relied upon in making our final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; [[Page 15227]] (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \7\ See 19 CFR 351.309. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.\8\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \8\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On February 22, 2016, pursuant to 19 CFR 351.210(b) and (e), Tata Steel IJmuiden B.V. requested that, contingent upon an affirmative preliminary determination of sales at LTFV, the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.\9\ --------------------------------------------------------------------------- \9\ See Letter to the Secretary of Commerce from Tata Steel IJmuident B.V., ``Antidumping Duty Investigation of Certain Hot- Rolled Steel Flat Products from the Netherlands: Request for Postponement of Final Determination'' (February 22, 2016). --------------------------------------------------------------------------- In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; \10\ and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.\11\ --------------------------------------------------------------------------- \10\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Antidumping Duty Investigation of Certain Hot-Rolled Steel Flat Products from the Netherlands: Respondent Selection,'' dated September 29, 2015. \11\ See also 19 CFR 351.210(e). --------------------------------------------------------------------------- International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we are notifying the ITC of our affirmative preliminary determination of sales at LTFV. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: March 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The products covered by this investigation are certain hot- rolled, flat-rolled steel products, with or without patterns in relief, and whether or not annealed, painted, varnished, or coated with plastics or other non-metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (``width'') of 12.7 mm or greater, regardless of thickness, and regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness of less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non-rectangular cross-section where such cross-section is achieve 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 unless the resulting measurement makes the product covered by the existing antidumping \12\ or countervailing duty \13\ orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products From the Republic of Korea (A-580-836; C-580-837), and --------------------------------------------------------------------------- \12\ Notice of Amendment of Final Determinations of Sales at Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To- Length Carbon-Quality Steel Plate Products From France, India, Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585 (February 10, 2000). \13\ Notice of Amended Final Determinations: Certain Cut-to- Length Carbon-Quality Steel Plate From India and the Republic of Korea; and Notice of Countervailing Duty Orders: Certain Cut-To- Length Carbon-Quality Steel Plate From France, India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000). --------------------------------------------------------------------------- (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross- section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated:2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.00 percent of nickel, or 0.30 percent of tungsten, or 0.80 percent of molybdenum, or 0.10 percent of niobium, or 0.30 percent of vanadium, or 0.30 percent of zirconium. Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial- free (IF)) steels, high strength low alloy (HSLA) steels, the substrate for motor lamination steels, Advanced High Strength Steels (AHSS), and Ultra High Strength Steels (UHSS). IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. The substrate for motor lamination steels contains micro-alloying [[Page 15228]] levels of elements such as silicon and aluminum. AHSS and UHSS are considered high tensile strength and high elongation steels, although AHSS and UHSS are covered whether or not they are high tensile strength or high elongation steels. Subject merchandise includes hot-rolled steel that has been further processed in a third country, including but not limited to pickling, oiling, levelling, annealing, tempering, temper rolling, skin passing, 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 hot-rolled steel. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this investigation unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of this investigation: Universal mill plates (i.e., hot-rolled, flat-rolled products not in coils that have been rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, of a thickness not less than 4.0 mm, and without patterns in relief); Products that have been cold-rolled (cold-reduced) after hot-rolling; \14\ --------------------------------------------------------------------------- \14\ For purposes of this scope exclusion, rolling operations such as a skin pass, levelling, temper rolling or other minor rolling operations after the hot-rolling process for purposes of surface finish, flatness, shape control, or gauge control do not constitute cold-rolling sufficient to meet this exclusion. --------------------------------------------------------------------------- Ball bearing steels; \15\ --------------------------------------------------------------------------- \15\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- Tool steels; \16\ and --------------------------------------------------------------------------- \16\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steels;\17\ --------------------------------------------------------------------------- \17\ Silico-manganese steel is defined as steels containing by weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or more but not more than 1.9 percent of manganese, and (iii) 0.6 percent or more but not more than 2.3 percent of silicon. --------------------------------------------------------------------------- The products subject to this investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7208.10.1500, 7208.10.3000, 7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030, 7208.26.0060, 7208.27.0030, 7208.27.0060, 7208.36.0030, 7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015, 7208.38.0030, 7208.38.0090, 7208.39.0015, 7208.39.0030, 7208.39.0090, 7208.40.6030, 7208.40.6060, 7208.53.0000, 7208.54.0000, 7208.90.0000, 7210.70.3000, 7211.14.0030, 7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000, 7211.19.4500, 7211.19.6000, 7211.19.7530, 7211.19.7560, 7211.19.7590, 7225.11.0000, 7225.19.0000, 7225.30.3050, 7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.5000, 7226.91.7000, and 7226.91.8000. The products subject to the investigation may also enter under the following HTSUS numbers: 7210.90.9000, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.5000, 7226.99.0180, and 7228.60.6000. The HTSUS subheadings above are provided for convenience and U.S. Customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum: I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Critical Circumstances VII. Application of Facts Available and Use of Adverse Inferences VIII. Discussion of Methodology Comparisons to Fair Value A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis IX. Date of Sale X. Product Comparisons XI. Export Price and Constructed Export Price XII. Normal Value A. Comparison Market Viability B. Affiliated Party Transactions and Arm's-Length Test C. Level of Trade D. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test E. Calculation of NV Based on Comparison-Market Prices XIII. Currency Conversion XIV. Conclusion [FR Doc. 2016-06457 Filed 3-21-16; 8:45 am] BILLING CODE 3510-DS-P
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(3) none of the elements listed below exceeds • Ball bearing steels; 22 V. Preliminary Determination of Critical
the quantity, by weight, respectively • Tool steels; 23 and Circumstances
indicated: • Silico-manganese steels; 24 VI. Scope of the Investigation
• 2.50 percent of manganese, or The products subject to this investigation VII. Scope Comments
• 3.30 percent of silicon, or are currently classified in the Harmonized VIII. Single Entity Analysis
• 1.50 percent of copper, or Tariff Schedule of the United States (HTSUS) IX. Discussion of The Methodology
• 1.50 percent of aluminum, or under item numbers: 7208.10.1500,
X. Facts Available and Adverse Facts
• 1.25 percent of chromium, or 7208.10.3000, 7208.10.6000, 7208.25.3000,
Available
• 0.30 percent of cobalt, or 7208.25.6000, 7208.26.0030, 7208.26.0060,
7208.27.0030, 7208.27.0060, 7208.36.0030, XI. Date Of Sale
• 0.40 percent of lead, or XII. Product Comparisons
• 2.00 percent of nickel, or 7208.36.0060, 7208.37.0030, 7208.37.0060,
7208.38.0015, 7208.38.0030, 7208.38.0090, XIII. Export Price And Constructed
• 0.30 percent of tungsten, or
7208.39.0015, 7208.39.0030, 7208.39.0090, Export Price
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium, or 7208.40.6030, 7208.40.6060, 7208.53.0000, XIV. Normal Value
• 0.30 percent of vanadium, or 7208.54.0000, 7208.90.0000, 7210.70.3000, XV. Currency Conversion
• 0.30 percent of zirconium. 7211.14.0030, 7211.14.0090, 7211.19.1500, XVI. Conclusion
7211.19.2000, 7211.19.3000, 7211.19.4500, [FR Doc. 2016–06486 Filed 3–21–16; 8:45 am]
Unless specifically excluded, products are
7211.19.6000, 7211.19.7530, 7211.19.7560,
included in this scope regardless of levels of BILLING CODE 3510–DS–P
7211.19.7590, 7225.11.0000, 7225.19.0000,
boron and titanium.
7225.30.3050, 7225.30.7000, 7225.40.7000,
For example, specifically included in this
7225.99.0090, 7226.11.1000, 7226.11.9030,
scope are vacuum degassed, fully stabilized 7226.11.9060, 7226.19.1000, 7226.19.9000, DEPARTMENT OF COMMERCE
(commonly referred to as interstitial-free (IF)) 7226.91.5000, 7226.91.7000, and
steels, high strength low alloy (HSLA) steels, 7226.91.8000. The products subject to the International Trade Administration
the substrate for motor lamination steels, investigation may also enter under the
Advanced High Strength Steels (AHSS), and [A–421–813]
following HTSUS numbers: 7210.90.9000,
Ultra High Strength Steels (UHSS). IF steels 7211.90.0000, 7212.40.1000, 7212.40.5000,
are recognized as low carbon steels with Certain Hot-Rolled Steel Flat Products
7212.50.0000, 7214.91.0015, 7214.91.0060,
micro-alloying levels of elements such as 7214.91.0090, 7214.99.0060, 7214.99.0075, From the Netherlands: Affirmative
titanium and/or niobium added to stabilize 7214.99.0090, 7215.90.5000, 7226.99.0180, Preliminary Determination of Sales at
carbon and nitrogen elements. HSLA steels and 7228.60.6000. Less Than Fair Value, Postponement
are recognized as steels with micro-alloying The HTSUS subheadings above are of Final Determination and Extension
levels of elements such as chromium, copper, provided for convenience and U.S. Customs of Provisional Measures
niobium, titanium, vanadium, and purposes only. The written description of the
molybdenum. The substrate for motor scope of the investigation is dispositive. AGENCY: Enforcement and Compliance,
lamination steels contains micro-alloying International Trade Administration,
levels of elements such as silicon and Appendix II Department of Commerce.
aluminum. AHSS and UHSS are considered List of Topics Discussed in the SUMMARY: The Department of Commerce
high tensile strength and high elongation Preliminary Decision Memorandum (the Department) preliminarily
steels, although AHSS and UHSS are covered determines that certain hot-rolled steel
whether or not they are high tensile strength I. Summary
II. Background flat products (hot-rolled steel) from the
or high elongation steels.
Subject merchandise includes hot-rolled III. Period of Investigation Netherlands are being, or are likely to
steel that has been further processed in a IV. Postponement of Final be, sold in the United States at less than
third country, including but not limited to Determination and Extension Of fair value (LTFV), as provided in section
pickling, oiling, levelling, annealing, Provisional Measures 733(b) of the Tariff Act of 1930, as
tempering, temper rolling, skin passing, amended (the Act). The period of
painting, varnishing, trimming, cutting, 22 Ball bearing steels are defined as steels which investigation (POI) is July 1, 2014,
punching, and/or slitting, or any other contain, in addition to iron, each of the following through June 30, 2015. The estimated
processing that would not otherwise remove elements by weight in the amount specified: (i) Not weighted-average dumping margins of
the merchandise from the scope of the less than 0.95 nor more than 1.13 percent of carbon;
sales are shown in the ‘‘Preliminary
investigation if performed in the country of (ii) not less than 0.22 nor more than 0.48 percent
of manganese; (iii) none, or not more than 0.03 Determination’’ section of this notice.
manufacture of the hot-rolled steel.
All products that meet the written physical percent of sulfur; (iv) none, or not more than 0.03 Interested parties are invited to
percent of phosphorus; (v) not less than 0.18 nor comment on this preliminary
description, and in which the chemistry more than 0.37 percent of silicon; (vi) not less than
quantities do not exceed any one of the noted 1.25 nor more than 1.65 percent of chromium; (vii)
determination.
element levels listed above, are within the none, or not more than 0.28 percent of nickel; (viii) DATES: Effective: March 22, 2016.
scope of this investigation unless specifically none, or not more than 0.38 percent of copper; and
(ix) none, or not more than 0.09 percent of FOR FURTHER INFORMATION CONTACT:
excluded. The following products are outside
of and/or specifically excluded from the molybdenum. Dmitry Vladimirov, AD/CVD
scope of this investigation:
23 Tool steels are defined as steels which contain Operations, Office I, Enforcement and
the following combinations of elements in the Compliance, International Trade
• Universal mill plates (i.e., hot-rolled,
quantity by weight respectively indicated: (i) More
flat-rolled products not in coils that have than 1.2 percent carbon and more than 10.5 percent
Administration, U.S. Department of
been rolled on four faces or in a closed box chromium; or (ii) not less than 0.3 percent carbon Commerce, 1401 Constitution Avenue
pass, of a width exceeding 150 mm but not and 1.25 percent or more but less than 10.5 percent NW., Washington, DC 20230; telephone:
exceeding 1250 mm, of a thickness not less chromium; or (iii) not less than 0.85 percent carbon (202) 482–0665.
than 4.0 mm, and without patterns in relief); and 1 percent to 1.8 percent, inclusive, manganese;
SUPPLEMENTARY INFORMATION:
• Products that have been cold-rolled
asabaliauskas on DSK3SPTVN1PROD with NOTICES
or (iv) 0.9 percent to 1.2 percent, inclusive,
chromium and 0.9 percent to 1.4 percent, inclusive,
(cold-reduced) after hot-rolling; 21 Background
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi) The Department published the notice
21 For purposes of this scope exclusion, rolling not less than 0.5 percent carbon and not less than
5.5 percent tungsten.
of initiation of this investigation on
operations such as a skin pass, levelling, temper
rolling or other minor rolling operations after the 24 Silico-manganese steel is defined as steels September 9, 2015.1 For a complete
hot-rolling process for purposes of surface finish, containing by weight: (i) Not more than 0.7 percent
flatness, shape control, or gauge control do not of carbon; (ii) 0.5 percent or more but not more than 1 See Certain Hot-Rolled Steel Flat Products from
constitute cold-rolling sufficient to meet this 1.9 percent of manganese, and (iii) 0.6 percent or Australia, Brazil, Japan, the Republic of Korea, the
exclusion. more but not more than 2.3 percent of silicon. Continued
VerDate Sep<11>2014 17:34 Mar 21, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\22MRN1.SGM 22MRN1](https://thefederalregister.org/doc/81_FR_15280/page/1.svg)
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levels of elements such as silicon and under item numbers: 7208.10.1500, DEPARTMENT OF COMMERCE
aluminum. AHSS and UHSS are considered 7208.10.3000, 7208.10.6000, 7208.25.3000,
high tensile strength and high elongation 7208.25.6000, 7208.26.0030, 7208.26.0060, International Trade Administration
steels, although AHSS and UHSS are covered 7208.27.0030, 7208.27.0060, 7208.36.0030,
whether or not they are high tensile strength [A–580–883]
7208.36.0060, 7208.37.0030, 7208.37.0060,
or high elongation steels.
7208.38.0015, 7208.38.0030, 7208.38.0090, Certain Hot-Rolled Steel Flat Products
Subject merchandise includes hot-rolled
steel that has been further processed in a 7208.39.0015, 7208.39.0030, 7208.39.0090, From the Republic of Korea:
third country, including but not limited to 7208.40.6030, 7208.40.6060, 7208.53.0000, Affirmative Preliminary Determination
pickling, oiling, levelling, annealing, 7208.54.0000, 7208.90.0000, 7210.70.3000, of Sales at Less Than Fair Value and
tempering, temper rolling, skin passing, 7211.14.0030, 7211.14.0090, 7211.19.1500, Postponement of Final Determination
painting, varnishing, trimming, cutting, 7211.19.2000, 7211.19.3000, 7211.19.4500,
punching, and/or slitting, or any other 7211.19.6000, 7211.19.7530, 7211.19.7560, AGENCY: Enforcement and Compliance,
processing that would not otherwise remove 7211.19.7590, 7225.11.0000, 7225.19.0000, International Trade Administration,
the merchandise from the scope of the 7225.30.3050, 7225.30.7000, 7225.40.7000, Department of Commerce.
investigation if performed in the country of 7225.99.0090, 7226.11.1000, 7226.11.9030, SUMMARY: The Department of Commerce
manufacture of the hot-rolled steel.
All products that meet the written physical
7226.11.9060, 7226.19.1000, 7226.19.9000, (Department) preliminarily determines
description, and in which the chemistry 7226.91.5000, 7226.91.7000, and that certain hot-rolled steel flat products
quantities do not exceed any one of the noted 7226.91.8000. The products subject to the (hot-rolled steel) from the Republic of
element levels listed above, are within the investigation may also enter under the Korea (Korea) are being, or are likely to
scope of this investigation unless specifically following HTSUS numbers: 7210.90.9000, be, sold in the United States at less than
excluded. The following products are outside 7211.90.0000, 7212.40.1000, 7212.40.5000, fair value (LTFV), as provided in section
of and/or specifically excluded from the 7212.50.0000, 7214.91.0015, 7214.91.0060, 733(b) of the Tariff Act of 1930, as
scope of this investigation: 7214.91.0090, 7214.99.0060, 7214.99.0075, amended (Act). The period of
• Universal mill plates (i.e., hot-rolled, 7214.99.0090, 7215.90.5000, 7226.99.0180,
flat-rolled products not in coils that have
investigation (POI) is July 1, 2014,
and 7228.60.6000. through June 30, 2015. The estimated
been rolled on four faces or in a closed box
The HTSUS subheadings above are weighted-average dumping margins are
pass, of a width exceeding 150 mm but not
exceeding 1250 mm, of a thickness not less provided for convenience and U.S. Customs shown in the ‘‘Preliminary
than 4.0 mm, and without patterns in relief); purposes only. The written description of the Determination’’ section of this notice.
• Products that have been cold-rolled scope of the investigation is dispositive. Interested parties are invited to
(cold-reduced) after hot-rolling; 14 comment on this preliminary
• Ball bearing steels; 15 Appendix II
determination.
• Tool steels; 16 and List of Topics Discussed in the Preliminary
• Silico-manganese steels;17 DATES: Effective: March 22, 2016.
Decision Memorandum:
The products subject to this investigation FOR FURTHER INFORMATION CONTACT:
I. Summary
are currently classified in the Harmonized Javier Barrientos or Matthew Renkey,
II. Background
Tariff Schedule of the United States (HTSUS) AD/CVD Operations, Office V,
III. Period of Investigation
IV. Scope of the Investigation Enforcement and Compliance,
14 For purposes of this scope exclusion, rolling
V. Scope Comments International Trade Administration,
operations such as a skin pass, levelling, temper
rolling or other minor rolling operations after the VI. Critical Circumstances U.S. Department of Commerce, 14th
hot-rolling process for purposes of surface finish, VII. Application of Facts Available and Use Street and Constitution Avenue NW.,
flatness, shape control, or gauge control do not of Adverse Inferences Washington, DC 20230; telephone: (202)
constitute cold-rolling sufficient to meet this 482–2243 or (202) 482–2312,
exclusion. VIII. Discussion of Methodology
15 Ball bearing steels are defined as steels which Comparisons to Fair Value respectively.
contain, in addition to iron, each of the following A. Determination of the Comparison SUPPLEMENTARY INFORMATION:
elements by weight in the amount specified: (i) Not Method
less than 0.95 nor more than 1.13 percent of carbon; B. Results of the Differential Pricing Background
(ii) not less than 0.22 nor more than 0.48 percent
of manganese; (iii) none, or not more than 0.03 Analysis The Department published the notice
percent of sulfur; (iv) none, or not more than 0.03 IX. Date of Sale of initiation of this investigation on
percent of phosphorus; (v) not less than 0.18 nor X. Product Comparisons September 9, 2015.1 For a complete
more than 0.37 percent of silicon; (vi) not less than XI. Export Price and Constructed Export
1.25 nor more than 1.65 percent of chromium; (vii)
description of the events that followed
none, or not more than 0.28 percent of nickel; (viii)
Price the initiation of this investigation, see
none, or not more than 0.38 percent of copper; and XII. Normal Value the Preliminary Decision Memorandum
(ix) none, or not more than 0.09 percent of A. Comparison Market Viability that is dated concurrently with this
molybdenum. B. Affiliated Party Transactions and Arm’s-
16 Tool steels are defined as steels which contain
determination and hereby adopted by
Length Test this notice.2 A list of topics included in
the following combinations of elements in the
quantity by weight respectively indicated: (i) More
C. Level of Trade
than 1.2 percent carbon and more than 10.5 percent D. Cost of Production Analysis 1 See Certain Cold-Rolled Steel Flat Products from
chromium; or (ii) not less than 0.3 percent carbon 1. Calculation of COP Australia, Brazil, Japan, the Republic of Korea, the
and 1.25 percent or more but less than 10.5 percent 2. Test of Comparison Market Sales Prices Netherlands, the Republic of Turkey, and the
chromium; or (iii) not less than 0.85 percent carbon 3. Results of the COP Test United Kingdom: Initiation of Less-Than-Fair-Value
and 1 percent to 1.8 percent, inclusive, manganese; Investigations, 80 FR 54261 (September 9, 2015)
or (iv) 0.9 percent to 1.2 percent, inclusive, E. Calculation of NV Based on Comparison- (Initiation Notice).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
chromium and 0.9 percent to 1.4 percent, inclusive, Market Prices 2 See Memorandum from Christian Marsh, Deputy
molybdenum; or (v) not less than 0.5 percent carbon XIII. Currency Conversion Assistant Secretary for Antidumping and
and not less than 3.5 percent molybdenum; or (vi) XIV. Conclusion Countervailing Duty Operations, to Paul Piquado,
not less than 0.5 percent carbon and not less than Assistant Secretary for Enforcement and
[FR Doc. 2016–06457 Filed 3–21–16; 8:45 am]
5.5 percent tungsten. Compliance, ‘‘Decision Memorandum for the
17 Silico-manganese steel is defined as steels BILLING CODE 3510–DS–P Preliminary Determination in the Less-than-Fair-
containing by weight: (i) Not more than 0.7 percent Value Investigation of Certain Hot-Rolled Steel Flat
of carbon; (ii) 0.5 percent or more but not more than Products from the Republic of Korea’’ (Preliminary
1.9 percent of manganese, and (iii) 0.6 percent or Decision Memorandum), dated concurrently with
more but not more than 2.3 percent of silicon. this notice.
VerDate Sep<11>2014 17:34 Mar 21, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\22MRN1.SGM 22MRN1](https://thefederalregister.org/doc/81_FR_15280/page/4.svg)
Document Created: 2018-02-02 15:15:38
Document Modified: 2018-02-02 15:15:38
| 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 22, 2016. | |
| Contact | Dmitry Vladimirov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0665. | |
| FR Citation | 81 FR 15225 |
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