81 FR 15228 - Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 55 (March 22, 2016)
International Trade Administration
Federal Register Volume 81, Issue 55 (March 22, 2016)
| Page Range | 15228-15231 | |
| FR Document | 2016-06488 |
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)] [Notices] [Pages 15228-15231] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06488] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-883] Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) preliminarily determines that certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (Act). The period of investigation (POI) is July 1, 2014, through June 30, 2015. The estimated weighted-average dumping margins 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: Javier Barrientos or Matthew Renkey, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2243 or (202) 482-2312, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this investigation on September 9, 2015.\1\ For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum that is dated concurrently with this determination and hereby adopted by this notice.\2\ A list of topics included in [[Page 15229]] the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Certain Cold-Rolled Steel Flat Products from 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 Republic of Korea'' (Preliminary Decision Memorandum), dated concurrently with this notice. --------------------------------------------------------------------------- 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. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary determination of this investigation is now March 14, 2016.\3\ --------------------------------------------------------------------------- \3\ See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines as a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016. --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is hot-rolled steel from Korea. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I. Scope Comments In accordance with the preamble to the Department's regulations,\4\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., ``scope'').\5\ Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice, as well as additional language proposed by the Department. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.\6\ The Department is preliminarily not modifying the scope language as it appeared in the Initiation Notice. --------------------------------------------------------------------------- \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). \5\ See Initiation Notice, 80 FR at 54262. \6\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Hot-Rolled Steel Products from Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated concurrently with this preliminary determination. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Export prices have been calculated in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all- others rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, we calculated weighted-average dumping margins for Hyundai Steel Company and POSCO \7\ that are above de minimis and which are not based on total facts available. Accordingly, for the preliminary determination, consistent with the Act and the Department's practice, the Department preliminarily determines that the margin for the all-others rate is the simple average of the calculated margins of the mandatory respondents.\8\ --------------------------------------------------------------------------- \7\ We are collapsing the mandatory respondent POSCO with Daewoo International Corporation. See the Preliminary Decision Memorandum. \8\ See Memorandum to the File, ``Investigation of Certain Hot- Rolled Steel Flat Products from the Republic of Korea, All-Others Rate Calculation,'' dated March 14, 2016. We note that it is the Department's practice to calculate (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration. We would compare (B) and (C) to (A) and select the rate closest to (A) as the most appropriate rate for all other companies. See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that the following weighted-average dumping margins exist: ------------------------------------------------------------------------ Weighted- average Exporter/producer margin (percent) ------------------------------------------------------------------------ Hyundai Steel Company....................................... 3.97 POSCO....................................................... 7.33 All-Others.................................................. 5.65 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of hot-rolled steel from Korea, as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Pursuant to section 733 (d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which the NV exceeds U.S. price as indicated in the chart above,\9\ adjusted where appropriate for export subsidies.\10\ The Department has preliminarily determined in its companion countervailing duty investigation of hot-rolled steel from Korea that subject merchandise exported by POSCO and Hyundai Steel did not benefit from export subsidies.\11\ As a result, the Department will make no adjustment to the cash deposit rates. The suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \9\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). \10\ See section 772(c)(1)(C) of the Act. Unlike in administrative reviews, the Department calculates the adjustment for export subsidies in investigations not in the margin calculation program, but in the cash deposit instructions issued to CBP. See Notice of Final Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and accompanying Issues and Decision Memorandum at Comment 1. \11\ See Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Negative Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 81 FR 2172 (January 15, 2016). --------------------------------------------------------------------------- Disclosure We will disclose the calculations performed to interested parties in this proceeding within five days of the date of public announcement of this [[Page 15230]] preliminary determination in accordance with 19 CFR 351.224(b). Interested parties are invited to comment on this preliminary determination. Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \12\ 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.\13\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \13\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, we intend to verify information relied upon in making our final determination. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On March 2, 2016, and March 3, 2016, pursuant to 19 CFR 351.210(b) and (e), POSCO and Hyundai Steel Company, respectively, requested that, contingent upon an affirmative preliminary determination of sales at LTFV for the respondents, the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.\14\ --------------------------------------------------------------------------- \14\ See Letter to the Secretary of Commerce from POSCO, ``Request to Postpone the Final Determination'' (March 2, 2016) and also Letter to the Secretary of Commerce from Hyundai Steel, ``Request to Postpone the Final Determination'' (March 3, 2016). --------------------------------------------------------------------------- In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative, in part; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.\15\ --------------------------------------------------------------------------- \15\ 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 \16\ or countervailing duty \17\ orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products From the Republic of Korea (A-580-836; C-580-837), and --------------------------------------------------------------------------- \16\ 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). \17\ 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: [[Page 15231]]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 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; \18\ --------------------------------------------------------------------------- \18\ 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; \19\ --------------------------------------------------------------------------- \19\ 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; \20\ and --------------------------------------------------------------------------- \20\ 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; \21\ --------------------------------------------------------------------------- \21\ 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. Postponement of Final Determination and Extension of Provisional Measures V. Scope of the Investigation VI. Scope Comments VII. All-Others Rate VIII. Affiliation and Collapsing IX. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis X. Date of Sale XI. Product Comparisons XII. Export Price and Constructed Export Price XIII. 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 XIV. Currency Conversion XV. Adjustments to Cash Deposit Rates for Export Subsidies in Companion Countervailing Duty Investigation XVI. Conclusion [FR Doc. 2016-06488 Filed 3-21-16; 8:45 am] BILLING CODE 3510-DS-P
![15228 Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices
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.
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![Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices 15231
• 2.50 percent of manganese, or • Tool steels; 20 and A. Determination of the Comparison
• 3.30 percent of silicon, or • Silico-manganese steels; 21 Method
• 1.50 percent of copper, or The products subject to this investigation B. Results of the Differential Pricing
• 1.50 percent of aluminum, or are currently classified in the Harmonized Analysis
• 1.25 percent of chromium, or Tariff Schedule of the United States (HTSUS) X. Date of Sale
• 0.30 percent of cobalt, or under item numbers: 7208.10.1500, XI. Product Comparisons
• 0.40 percent of lead, or 7208.10.3000, 7208.10.6000, 7208.25.3000, XII. Export Price and Constructed Export
• 2.00 percent of nickel, or 7208.25.6000, 7208.26.0030, 7208.26.0060, Price
• 0.30 percent of tungsten, or 7208.27.0030, 7208.27.0060, 7208.36.0030, XIII. Normal Value
• 0.80 percent of molybdenum, or 7208.36.0060, 7208.37.0030, 7208.37.0060, A. Comparison Market Viability
• 0.10 percent of niobium, or 7208.38.0015, 7208.38.0030, 7208.38.0090, B. Affiliated Party Transactions and Arm’s-
• 0.30 percent of vanadium, or 7208.39.0015, 7208.39.0030, 7208.39.0090, Length Test
• 0.30 percent of zirconium. 7208.40.6030, 7208.40.6060, 7208.53.0000, C. Level of Trade
Unless specifically excluded, products are 7208.54.0000, 7208.90.0000, 7210.70.3000, D. Cost of Production Analysis
included in this scope regardless of levels of 7211.14.0030, 7211.14.0090, 7211.19.1500, 1. Calculation of COP
boron and titanium. 7211.19.2000, 7211.19.3000, 7211.19.4500, 2. Test of Comparison Market Sales Prices
For example, specifically included in this 7211.19.6000, 7211.19.7530, 7211.19.7560, 3. Results of the COP Test
scope are vacuum degassed, fully stabilized 7211.19.7590, 7225.11.0000, 7225.19.0000, E. Calculation of NV Based on Comparison-
(commonly referred to as interstitial-free (IF)) 7225.30.3050, 7225.30.7000, 7225.40.7000, Market Prices
steels, high strength low alloy (HSLA) steels, 7225.99.0090, 7226.11.1000, 7226.11.9030, XIV. Currency Conversion
the substrate for motor lamination steels, 7226.11.9060, 7226.19.1000, 7226.19.9000, XV. Adjustments to Cash Deposit Rates for
7226.91.5000, 7226.91.7000, and Export Subsidies in Companion
Advanced High Strength Steels (AHSS), and
7226.91.8000. The products subject to the Countervailing Duty Investigation
Ultra High Strength Steels (UHSS). IF steels
investigation may also enter under the XVI. Conclusion
are recognized as low carbon steels with
following HTSUS numbers: 7210.90.9000, [FR Doc. 2016–06488 Filed 3–21–16; 8:45 am]
micro-alloying levels of elements such as
7211.90.0000, 7212.40.1000, 7212.40.5000,
titanium and/or niobium added to stabilize BILLING CODE 3510–DS–P
7212.50.0000, 7214.91.0015, 7214.91.0060,
carbon and nitrogen elements. HSLA steels
7214.91.0090, 7214.99.0060, 7214.99.0075,
are recognized as steels with micro-alloying
7214.99.0090, 7215.90.5000, 7226.99.0180,
levels of elements such as chromium, copper, DEPARTMENT OF COMMERCE
and 7228.60.6000.
niobium, titanium, vanadium, and
The HTSUS subheadings above are
molybdenum. The substrate for motor provided for convenience and U.S. Customs International Trade Administration
lamination steels contains micro-alloying purposes only. The written description of the
levels of elements such as silicon and [A–489–826]
scope of the investigation is dispositive.
aluminum. AHSS and UHSS are considered
high tensile strength and high elongation Appendix II Certain Hot-Rolled Steel Flat Products
steels, although AHSS and UHSS are covered From the Republic of Turkey:
whether or not they are high tensile strength List of Topics Discussed in the Preliminary
Affirmative Preliminary Determination
or high elongation steels. Decision Memorandum:
of Sales at Less Than Fair Value and
Subject merchandise includes hot-rolled I. Summary Postponement of Final Determination
steel that has been further processed in a II. Background
third country, including but not limited to III. Period of Investigation AGENCY: Enforcement and Compliance,
pickling, oiling, levelling, annealing, IV. Postponement of Final Determination and International Trade Administration,
tempering, temper rolling, skin passing, Extension of Provisional Measures Department of Commerce.
painting, varnishing, trimming, cutting, V. Scope of the Investigation SUMMARY: The Department of Commerce
punching, and/or slitting, or any other VI. Scope Comments
(the Department) preliminarily
processing that would not otherwise remove VII. All-Others Rate
the merchandise from the scope of the VIII. Affiliation and Collapsing determines that certain hot-rolled steel
investigation if performed in the country of IX. Discussion of the Methodology flat products (hot-rolled steel) from the
manufacture of the hot-rolled steel. Republic of Turkey (Turkey) are being,
All products that meet the written physical less than 0.95 nor more than 1.13 percent of carbon; or are likely to be, sold in the United
description, and in which the chemistry (ii) not less than 0.22 nor more than 0.48 percent States at less than fair value (LTFV), as
quantities do not exceed any one of the noted of manganese; (iii) none, or not more than 0.03 provided in section 733(b) of the Tariff
element levels listed above, are within the percent of sulfur; (iv) none, or not more than 0.03 Act of 1930, as amended (the Act). The
scope of this investigation unless specifically percent of phosphorus; (v) not less than 0.18 nor
more than 0.37 percent of silicon; (vi) not less than period of investigation (POI) is July 1,
excluded. The following products are outside 2014, through June 30, 2015. The
1.25 nor more than 1.65 percent of chromium; (vii)
of and/or specifically excluded from the
scope of this investigation:
none, or not more than 0.28 percent of nickel; (viii) estimated weighted-average dumping
none, or not more than 0.38 percent of copper; and margins are shown in the ‘‘Preliminary
• Universal mill plates (i.e., hot-rolled, (ix) none, or not more than 0.09 percent of
flat-rolled products not in coils that have molybdenum. Determination’’ section of this notice.
been rolled on four faces or in a closed box 20 Tool steels are defined as steels which contain Interested parties are invited to
pass, of a width exceeding 150 mm but not the following combinations of elements in the comment on this preliminary
exceeding 1250 mm, of a thickness not less quantity by weight respectively indicated: (i) More determination.
than 4.0 mm, and without patterns in relief); than 1.2 percent carbon and more than 10.5 percent
DATES: Effective: March 22, 2016.
• Products that have been cold-rolled chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent FOR FURTHER INFORMATION CONTACT:
(cold-reduced) after hot-rolling; 18
chromium; or (iii) not less than 0.85 percent carbon
• Ball bearing steels; 19 and 1 percent to 1.8 percent, inclusive, manganese;
Alexander Cipolla or Toni Page, AD/
or (iv) 0.9 percent to 1.2 percent, inclusive, CVD Operations, Office VII,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
18 For purposes of this scope exclusion, rolling chromium and 0.9 percent to 1.4 percent, inclusive, Enforcement and Compliance,
operations such as a skin pass, levelling, temper molybdenum; or (v) not less than 0.5 percent carbon International Trade Administration,
rolling or other minor rolling operations after the and not less than 3.5 percent molybdenum; or (vi)
hot-rolling process for purposes of surface finish, not less than 0.5 percent carbon and not less than
U.S. Department of Commerce, 14th
flatness, shape control, or gauge control do not 5.5 percent tungsten. Street and Constitution Avenue NW.,
constitute cold-rolling sufficient to meet this 21 Silico-manganese steel is defined as steels Washington, DC 20230; telephone: (202)
exclusion. containing by weight: (i) Not more than 0.7 percent 482–4956 or (202) 482–1398,
19 Ball bearing steels are defined as steels which of carbon; (ii) 0.5 percent or more but not more than respectively.
contain, in addition to iron, each of the following 1.9 percent of manganese, and (iii) 0.6 percent or
elements by weight in the amount specified: (i) Not more but not more than 2.3 percent of silicon. SUPPLEMENTARY INFORMATION:
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Document Created: 2018-02-02 15:15:49
Document Modified: 2018-02-02 15:15:49
| 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 | Javier Barrientos or Matthew Renkey, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2243 or (202) 482-2312, respectively. | |
| FR Citation | 81 FR 15228 |
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