81_FR_15286 81 FR 15231 - Certain Hot-Rolled Steel Flat Products From the Republic of Turkey: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

81 FR 15231 - Certain Hot-Rolled Steel Flat Products From the Republic of Turkey: 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)

Page Range15231-15234
FR Document2016-06440

The Department of Commerce (the Department) preliminarily determines that certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Turkey (Turkey) 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 are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 81 Issue 55 (Tuesday, March 22, 2016)
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15231-15234]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06440]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-826]


Certain Hot-Rolled Steel Flat Products From the Republic of 
Turkey: 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 (the Department) preliminarily 
determines that certain hot-rolled steel flat products (hot-rolled 
steel) from the Republic of Turkey (Turkey) 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 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: Alexander Cipolla or Toni Page, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4956 or (202) 482-1398, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 15232]]

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 
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.
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    \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, 
``Decision Memorandum for the Preliminary Determination in the 
Antidumping Duty Investigation of Certain Hot-Rolled Steel Flat 
Products from the Republic of Turkey'' (Preliminary Decision 
Memorandum), dated concurrently with this notice.
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Scope of the Investigation

    The product covered by this investigation is hot-rolled steel from 
Turkey. 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 revised deadline for the preliminary determination of 
this investigation is March 8, 2016. However, 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.
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    \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,'' (January 27, 2016).
    \6\ Id.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. Export prices (EP) have been calculated in 
accordance with section 772(a) of the Act. Constructed export prices 
(CEP) 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.

Single Entity Treatment

    For the reasons set forth in the Preliminary Decision Memorandum 
and in accordance with 19 CFR 351.401(f) and the Department's practice, 
we are treating Colakoglu Metalurji A.S. (Colakoglu) and Colakoglu Dis 
Ticaret A.S. (COTAS) (collectively, Colakoglu), as well as Eregli Demir 
ve Celik Fabrikalari T.A.S. (Erdemir) and Iskenderun Demir Ve Celik 
(Iskenderun) (collectively, Erdemir), as single entities, for the 
purposes of this preliminary determination.\7\
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    \7\ See ``Affiliation And Collapsing'' section of the 
Preliminary Decision Memorandum.
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All-Others Rate

    Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act, 
the Department also calculated an estimated all-others rate. Section 
735(c)(5)(B) 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. Where the rates for investigated companies are zero or de minimis, 
or based entirely on facts otherwise available, section 
705(c)(5)(A)(ii) of the Act instructs the Department to establish an 
``all-others'' rate using ``any reasonable method.''
    In this investigation, we calculated weighted-average dumping 
margins for Colakoglu and Erdemir that are above de minimis and are not 
based on total facts available. We calculated the all-others rate using 
a weighted-average of the dumping margins calculated for the mandatory 
respondents using each company's publicly-ranged values for the 
merchandise under consideration.\8\
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    \8\ With two respondents, we normally 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). As complete publicly ranged sales data was 
available, we based the all-others rate on the publically ranged 
sales data of the mandatory respondents. For a complete BPI 
explanation, please see the All-Others Calculation Memorandum.
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Preliminary Determination

    The Department preliminarily determines that the following 
estimated weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                              Dumping
                  Exporter/manufacturer                       margins
                                                             (percent)
------------------------------------------------------------------------
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S.\9\..            7.07
Eregli Demir ve Celik Fabrikalari T.A.S./Iskenderun                 5.24
 Demir Ve Celik \10\....................................
All-Others..............................................            6.82
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs

[[Page 15233]]

and Border Protection (CBP) to suspend liquidation of all entries of 
hot-rolled steel from Turkey 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.
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    \9\ In this investigation, the Department found that Colakoglu 
Metalurji A.S. and Colakoglu Dis Ticaret A.S. are a single entity. 
See ``Single Entity Treatment'' section above; see also the 
``Affiliation and Collapsing'' section of the Preliminary Decision 
Memorandum.
    \10\ In this investigation, the Department found that Eregli 
Demir ve Celik Fabrikalari T.A.S. and Iskenderun Demir Ve Celik are 
a single entity. See ``Single Entity Treatment'' section above; see 
also the ``Affiliation and Collapsing'' section of the Preliminary 
Decision Memorandum.
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    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,\11\ adjusted where appropriate for export 
subsidies.\12\ However, the preliminary determination in the concurrent 
countervailing duty investigation was negative.\13\ Therefore, no 
adjustments for export subsidies will be applied to the estimated 
weighted-average dumping margins calculated for each respondent, and 
for the all-others rate. These suspension of liquidation instructions 
will remain in effect until further notice.
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    \11\ 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).
    \12\ 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.
    \13\ See Countervailing Duty Investigation of Certain Hot-Rolled 
Steel Flat Products From the Republic of Turkey: Preliminary 
Negative Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Duty Determination, 81 FR 2166 
(January 15, 2016).
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Disclosure

    We will disclose the calculations performed to interested parties 
in this proceeding within five days of the date of announcement of this 
preliminary determination in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i) of the Act, we intend to verify 
information relied upon in making our final determination.

Public Comment

    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.\14\ 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.
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    \14\ See 19 CFR 351.309.
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    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.\15\ 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.
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    \15\ See 19 CFR 351.310(c).
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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 8, 2016, pursuant to 19 CFR 351.210(b) and (e), Colakoglu 
and Erdemir 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.\16\
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    \16\ See Letter from Colakoglu, ``Certain Hot-Rolled Steel Flat 
Products from Turkey: Colakoglu's Request to Extend the Final 
Determination'' (March 8, 2016); and Letter from Erdemir, ``Hot-
Rolled Steel Flat Products from Turkey; Request to Extend Final 
Determination,'' (March 8, 2016).
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    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; 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.\17\
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    \17\ See also 19 CFR 351.210(e).
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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

[[Page 15234]]

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 \18\ or countervailing duty \19\ 
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products 
From the Republic of Korea (A-580-836; C-580-837), and
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    \18\ See 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).
    \19\ See 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).
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    (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 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; \20\
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    \20\ 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.
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     Ball bearing steels; \21\
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    \21\ 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.
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     Tool steels; \22\ and
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    \22\ 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.
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     Silico-manganese steels; \23\
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    \23\ 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.
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    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 and Border Protection 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. Affiliation and Collapsing
VIII. Discussion of the Methodology
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export Price
XII. Normal Value
XIII. Currency Conversions
XIV. Adjustments to Cash Deposit Rates for Export Subsidies in 
Companion Countervailing Duty Investigation
XV. Conclusion

[FR Doc. 2016-06440 Filed 3-21-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                   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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                                                    15232                         Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices

                                                    Background                                              sections 733(c)(1)(B)(i) and (ii) of the                exporters and producers individually
                                                       The Department published the notice                  Act, we postponed the preliminary                       investigated, excluding any zero and de
                                                    of initiation of this investigation on                  determination by 50 days.4 As a result                  minimis margins, and any margins
                                                    September 9, 2015.1 For a complete                      of the postponement, the revised                        determined entirely under section 776
                                                    description of the events that followed                 deadline for the preliminary                            of the Act. Where the rates for
                                                    the initiation of this investigation, see               determination of this investigation is                  investigated companies are zero or de
                                                    the memorandum that is dated                            March 8, 2016. However, as explained                    minimis, or based entirely on facts
                                                    concurrently with this determination                    in the memorandum from the Acting                       otherwise available, section
                                                    and hereby adopted by this notice.2 A                   Assistant Secretary for Enforcement and                 705(c)(5)(A)(ii) of the Act instructs the
                                                    list of topics included in the                          Compliance, the Department has                          Department to establish an ‘‘all-others’’
                                                    Preliminary Decision Memorandum is                      exercised its discretion to toll all                    rate using ‘‘any reasonable method.’’
                                                    included as Appendix II to this notice.                 administrative deadlines due to the                       In this investigation, we calculated
                                                    The Preliminary Decision Memorandum                     recent closure of the Federal                           weighted-average dumping margins for
                                                    is a public document and is on file                     Government.5 All deadlines in this                      Colakoglu and Erdemir that are above de
                                                    electronically via Enforcement and                      investigation have been extended by                     minimis and are not based on total facts
                                                    Compliance’s Antidumping and                            four business days.6 The revised                        available. We calculated the all-others
                                                    Countervailing Duty Centralized                         deadline for the preliminary                            rate using a weighted-average of the
                                                    Electronic Service System (ACCESS).                     determination of this investigation is                  dumping margins calculated for the
                                                    ACCESS is available to registered users                 now March 14, 2016.                                     mandatory respondents using each
                                                    at https://access.trade.gov, and to all                                                                         company’s publicly-ranged values for
                                                                                                            Methodology
                                                    parties in the Central Records Unit,                                                                            the merchandise under consideration.8
                                                    room B8024 of the main Department of                      The Department is conducting this
                                                                                                            investigation in accordance with section                Preliminary Determination
                                                    Commerce building. In addition, a
                                                    complete version of the Preliminary                     731 of the Act. Export prices (EP) have                   The Department preliminarily
                                                    Decision Memorandum can be found at                     been calculated in accordance with                      determines that the following estimated
                                                    http://enforcement.trade.gov/frn/. The                  section 772(a) of the Act. Constructed                  weighted-average dumping margins
                                                    signed Preliminary Decision                             export prices (CEP) have been                           exist:
                                                    Memorandum and the electronic                           calculated in accordance with section
                                                    version of the Preliminary Decision                     772(b) of the Act. Normal value (NV) is                                                              Dumping
                                                                                                            calculated in accordance with section                        Exporter/manufacturer                    margins
                                                    Memorandum are identical in content.                                                                                                                         (percent)
                                                                                                            773 of the Act. For a full description of
                                                    Scope of the Investigation                              the methodology underlying our                          Colakoglu Metalurji A.S./
                                                       The product covered by this                          preliminary conclusions, see the                          Colakoglu Dis Ticaret
                                                    investigation is hot-rolled steel from                  Preliminary Decision Memorandum.                          A.S.9 ..................................          7.07
                                                    Turkey. For a full description of the                                                                           Eregli Demir ve Celik
                                                                                                            Single Entity Treatment                                   Fabrikalari T.A.S./
                                                    scope of this investigation, see the
                                                    ‘‘Scope of the Investigation,’’ in                         For the reasons set forth in the                       Iskenderun Demir Ve
                                                    Appendix I.                                             Preliminary Decision Memorandum and                       Celik 10 ..............................           5.24
                                                                                                            in accordance with 19 CFR 351.401(f)                    All-Others ..............................           6.82
                                                    Scope Comments                                          and the Department’s practice, we are
                                                      Certain interested parties commented                  treating Colakoglu Metalurji A.S.                       Suspension of Liquidation
                                                    on the scope of the investigation as it                 (Colakoglu) and Colakoglu Dis Ticaret                     In accordance with section 733(d)(2)
                                                    appeared in the Initiation Notice. For                  A.S. (COTAS) (collectively, Colakoglu),                 of the Act, we will direct U.S. Customs
                                                    discussion of those comments, see the                   as well as Eregli Demir ve Celik
                                                    Preliminary Decision Memorandum.                        Fabrikalari T.A.S. (Erdemir) and                           8 With two respondents, we normally calculate


                                                    Postponement of Deadline for                            Iskenderun Demir Ve Celik (Iskenderun)                  (A) a weighted-average of the dumping margins
                                                                                                            (collectively, Erdemir), as single                      calculated for the mandatory respondents; (B) a
                                                    Preliminary Determination                                                                                       simple average of the dumping margins calculated
                                                                                                            entities, for the purposes of this                      for the mandatory respondents; and (C) a weighted-
                                                      The Department published the notice                   preliminary determination.7                             average of the dumping margins calculated for the
                                                    of postponement of preliminary                                                                                  mandatory respondents using each company’s
                                                    determination of this investigation on                  All-Others Rate                                         publicly-ranged values for the merchandise under
                                                    November 25, 2015.3 Pursuant to                           Consistent with sections                              consideration. We would compare (B) and (C) to (A)
                                                                                                                                                                    and select the rate closest to (A) as the most
                                                       1 See Certain Hot-Rolled Steel Flat Products from
                                                                                                            733(d)(1)(A)(ii) and 735(c)(5) of the Act,              appropriate rate for all other companies. See Ball
                                                    Australia, Brazil, Japan, the Republic of Korea, the
                                                                                                            the Department also calculated an                       Bearings and Parts Thereof From France, Germany,
                                                    Netherlands, the Republic of Turkey, and the            estimated all-others rate. Section                      Italy, Japan, and the United Kingdom: Final Results
                                                                                                                                                                    of Antidumping Duty Administrative Reviews, Final
                                                    United Kingdom: Initiation of Less-Than-Fair Value      735(c)(5)(B) of the Act provides that the               Results of Changed-Circumstances Review, and
                                                    Investigations, 80 FR 54261 (September 9, 2015)         estimated all-others rate shall be an
                                                    (Initiation Notice).                                                                                            Revocation of an Order in Part, 75 FR 53661, 53663
                                                       2 See Memorandum from Christian Marsh, Deputy        amount equal to the weighted average of                 (September 1, 2010). As complete publicly ranged
                                                    Assistant Secretary for Antidumping and                 the estimated weighted-average                          sales data was available, we based the all-others rate
                                                                                                                                                                    on the publically ranged sales data of the
                                                    Countervailing Duty Operations, ‘‘Decision              dumping margins established for                         mandatory respondents. For a complete BPI
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Memorandum for the Preliminary Determination in
                                                    the Antidumping Duty Investigation of Certain Hot-                                                              explanation, please see the All-Others Calculation
                                                                                                              4 Id.
                                                    Rolled Steel Flat Products from the Republic of                                                                 Memorandum.
                                                                                                              5 See Memorandum to the Record from Ron                  9 In this investigation, the Department found that
                                                    Turkey’’ (Preliminary Decision Memorandum),
                                                    dated concurrently with this notice.                    Lorentzen, Acting A/S for Enforcement and               Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret
                                                       3 See Certain Hot-Rolled Steel Flat Products from    Compliance, regarding ‘‘Tolling of Administrative       A.S. are a single entity. See ‘‘Single Entity
                                                    Australia, Brazil, Japan, the Republic of Korea, the    Deadlines As a Result of the Government Closure         Treatment’’ section above; see also the ‘‘Affiliation
                                                    Netherlands, the Republic of Turkey, and the            During Snowstorm Jonas,’’ (January 27, 2016).           and Collapsing’’ section of the Preliminary Decision
                                                                                                              6 Id.                                                 Memorandum.
                                                    United Kingdom: Postponement of Preliminary
                                                    Determinations of Antidumping Duty                        7 See ‘‘Affiliation And Collapsing’’ section of the      10 In this investigation, the Department found that

                                                    Investigations, 80 FR 73702 (November 25, 2015).        Preliminary Decision Memorandum.                        Eregli Demir ve Celik Fabrikalari T.A.S. and



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                                                                                  Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices                                                        15233

                                                    and Border Protection (CBP) to suspend                  and Compliance no later than seven                       determination of sales at LTFV for the
                                                    liquidation of all entries of hot-rolled                days after the date on which the final                   respondents, the Department postpone
                                                    steel from Turkey as described in the                   verification report is issued in this                    the final determination and that
                                                    scope of the investigation section                      proceeding, and rebuttal briefs, limited                 provisional measures be extended to a
                                                    entered, or withdrawn from warehouse,                   to issues raised in case briefs, may be                  period not to exceed six months.16
                                                    for consumption on or after the date of                 submitted no later than five days after                     In accordance with section
                                                    publication of this notice in the Federal               the deadline date for case briefs.14                     735(a)(2)(A) of the Act and 19 CFR
                                                    Register.                                               Pursuant to 19 CFR 351.309(c)(2) and                     351.210(b)(2)(ii), because (1) our
                                                       Pursuant to section 733(d)(1)(B) of the              (d)(2), parties who submit case briefs or                preliminary determination is
                                                    Act and 19 CFR 351.205(d), the                          rebuttal briefs in this proceeding are                   affirmative; (2) the requesting exporters
                                                    Department will instruct CBP to require                 encouraged to submit with each                           account for a significant proportion of
                                                    a cash deposit equal to the weighted-                   argument: (1) A statement of the issue;                  exports of the subject merchandise; and
                                                    average amount by which the NV                          (2) a brief summary of the argument;                     (3) no compelling reasons for denial
                                                    exceeds U.S. price as indicated in the                  and (3) a table of authorities.                          exist, we are postponing the final
                                                    chart above,11 adjusted where                              Pursuant to 19 CFR 351.310(c),                        determination and extending the
                                                    appropriate for export subsidies.12                     interested parties who wish to request a                 provisional measures from a four-month
                                                    However, the preliminary determination                  hearing must submit a written request to                 period to a period not greater than six
                                                    in the concurrent countervailing duty                   the Assistant Secretary for Enforcement                  months. Accordingly, we will make our
                                                    investigation was negative.13 Therefore,                and Compliance, U.S. Department of                       final determination no later than 135
                                                    no adjustments for export subsidies will                Commerce. All documents must be filed                    days after the date of publication of this
                                                    be applied to the estimated weighted-                   electronically using ACCESS. An                          preliminary determination, pursuant to
                                                    average dumping margins calculated for                  electronically-filed request must be                     section 735(a)(2) of the Act.17
                                                    each respondent, and for the all-others                 received successfully in its entirety by
                                                    rate. These suspension of liquidation                   ACCESS by 5:00 p.m. Eastern Time,                        International Trade Commission (ITC)
                                                    instructions will remain in effect until                within 30 days after the date of                         Notification
                                                    further notice.                                         publication of this notice.15 Requests                      In accordance with section 733(f) of
                                                                                                            should contain the party’s name,                         the Act, we are notifying the ITC of our
                                                    Disclosure
                                                                                                            address, and telephone number, the                       affirmative preliminary determination of
                                                      We will disclose the calculations                     number of participants, and a list of the                sales at LTFV. If our final determination
                                                    performed to interested parties in this                 issues to be discussed. If a request for                 is affirmative, the ITC will determine
                                                    proceeding within five days of the date                 a hearing is made, the Department                        before the later of 120 days after the date
                                                    of announcement of this preliminary                     intends to hold the hearing at the U.S.                  of this preliminary determination or 45
                                                    determination in accordance with 19                     Department of Commerce, 14th Street                      days after our final determination
                                                    CFR 351.224(b).                                         and Constitution Avenue NW.,                             whether these imports are materially
                                                    Verification                                            Washington, DC 20230, at a time and                      injuring, or threaten material injury to,
                                                                                                            date to be determined. Parties should                    the U.S. industry.
                                                      As provided in section 782(i) of the                  confirm by telephone the date, time, and                    This determination is issued and
                                                    Act, we intend to verify information                    location of the hearing two days before                  published in accordance with sections
                                                    relied upon in making our final                         the scheduled date.                                      733(f) and 777(i)(1) of the Act and 19
                                                    determination.                                                                                                   CFR 351.205(c).
                                                                                                            Postponement of Final Determination
                                                    Public Comment                                          and Extension of Provisional Measures                      Dated: March 14, 2016.
                                                      Interested parties are invited to                        Section 735(a)(2) of the Act provides                 Paul Piquado,
                                                    comment on this preliminary                             that a final determination may be                        Assistant Secretary for Enforcement and
                                                    determination. Case briefs or other                     postponed until not later than 135 days                  Compliance.
                                                    written comments may be submitted to
                                                                                                            after the date of the publication of the                 Appendix I
                                                    the Assistant Secretary for Enforcement
                                                                                                            preliminary determination if, in the                     Scope of the Investigation
                                                                                                            event of an affirmative preliminary
                                                    Iskenderun Demir Ve Celik are a single entity. See                                                                 The products covered by this investigation
                                                    ‘‘Single Entity Treatment’’ section above; see also     determination, a request for such
                                                                                                                                                                     are certain hot-rolled, flat-rolled steel
                                                    the ‘‘Affiliation and Collapsing’’ section of the       postponement is made by exporters who                    products, with or without patterns in relief,
                                                    Preliminary Decision Memorandum.                        account for a significant proportion of                  and whether or not annealed, painted,
                                                       11 See Modification of Regulations Regarding the
                                                                                                            exports of the subject merchandise, or in                varnished, or coated with plastics or other
                                                    Practice of Accepting Bonds During the Provisional
                                                    Measures Period in Antidumping and
                                                                                                            the event of a negative preliminary                      non-metallic substances. The products
                                                    Countervailing Duty Investigations, 76 FR 61042         determination, a request for such                        covered do not include those that are clad,
                                                    (October 3, 2011).                                      postponement is made by Petitioners. 19                  plated, or coated with metal. The products
                                                       12 See section 772(c)(1)(C) of the Act. Unlike in
                                                                                                            CFR 351.210(e)(2) requires that requests                 covered include coils that have a width or
                                                    administrative reviews, the Department calculates                                                                other lateral measurement (‘‘width’’) of 12.7
                                                                                                            by respondents for postponement of a
                                                    the adjustment for export subsidies in                                                                           mm or greater, regardless of thickness, and
                                                    investigations not in the margin calculation            final antidumping determination be                       regardless of form of coil (e.g., in
                                                    program, but in the cash deposit instructions issued    accompanied by a request for extension                   successively superimposed layers, spirally
                                                    to CBP. See Notice of Final Determination of Sales      of provisional measures from a four-                     oscillating, etc.). The products covered also
                                                    at Less Than Fair Value, and Negative
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            month period to a period not more than                   include products not in coils (e.g., in straight
                                                    Determination of Critical Circumstances: Certain
                                                    Lined Paper Products from India, 71 FR 45012            six months in duration.                                  lengths) of a thickness of less than 4.75 mm
                                                    (August 8, 2006), and accompanying Issues and              On March 8, 2016, pursuant to 19 CFR
                                                    Decision Memorandum at Comment 1.                       351.210(b) and (e), Colakoglu and                           16 See Letter from Colakoglu, ‘‘Certain Hot-Rolled
                                                       13 See Countervailing Duty Investigation of
                                                                                                            Erdemir requested that, contingent upon                  Steel Flat Products from Turkey: Colakoglu’s
                                                    Certain Hot-Rolled Steel Flat Products From the                                                                  Request to Extend the Final Determination’’ (March
                                                    Republic of Turkey: Preliminary Negative
                                                                                                            an affirmative preliminary                               8, 2016); and Letter from Erdemir, ‘‘Hot-Rolled Steel
                                                    Countervailing Duty Determination and Alignment                                                                  Flat Products from Turkey; Request to Extend Final
                                                                                                              14 See   19 CFR 351.309.                               Determination,’’ (March 8, 2016).
                                                    of Final Determination With Final Antidumping
                                                    Duty Determination, 81 FR 2166 (January 15, 2016).        15 See   19 CFR 351.310(c).                               17 See also 19 CFR 351.210(e).




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                                                    15234                         Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices

                                                    and a width that is 12.7 mm or greater and              micro-alloying levels of elements such as                 • Silico-manganese steels; 23
                                                    that measures at least 10 times the thickness.          titanium and/or niobium added to stabilize                The products subject to this investigation
                                                    The products described above may be                     carbon and nitrogen elements. HSLA steels               are currently classified in the Harmonized
                                                    rectangular, square, circular, or other shape           are recognized as steels with micro-alloying            Tariff Schedule of the United States (HTSUS)
                                                    and include products of either rectangular or           levels of elements such as chromium, copper,            under item numbers: 7208.10.1500,
                                                    non-rectangular cross-section where such                niobium, titanium, vanadium, and
                                                                                                                                                                    7208.10.3000, 7208.10.6000, 7208.25.3000,
                                                    cross-section is achieve subsequent to the              molybdenum. The substrate for motor
                                                    rolling process, i.e., products which have                                                                      7208.25.6000, 7208.26.0030, 7208.26.0060,
                                                                                                            lamination steels contains micro-alloying
                                                    been ‘‘worked after rolling’’ (e.g., products           levels of elements such as silicon and                  7208.27.0030, 7208.27.0060, 7208.36.0030,
                                                    which have been beveled or rounded at the               aluminum. AHSS and UHSS are considered                  7208.36.0060, 7208.37.0030, 7208.37.0060,
                                                    edges). For purposes of the width and                   high tensile strength and high elongation               7208.38.0015, 7208.38.0030, 7208.38.0090,
                                                    thickness requirements referenced above:                steels, although AHSS and UHSS are covered              7208.39.0015, 7208.39.0030, 7208.39.0090,
                                                       (1) Where the nominal and actual                     whether or not they are high tensile strength           7208.40.6030, 7208.40.6060, 7208.53.0000,
                                                    measurements vary, a product is within the              or high elongation steels.                              7208.54.0000, 7208.90.0000, 7210.70.3000,
                                                    scope if application of either the nominal or              Subject merchandise includes hot-rolled              7211.14.0030, 7211.14.0090, 7211.19.1500,
                                                    actual measurement would place it within                steel that has been further processed in a              7211.19.2000, 7211.19.3000, 7211.19.4500,
                                                    the scope based on the definitions set forth            third country, including but not limited to             7211.19.6000, 7211.19.7530, 7211.19.7560,
                                                    above unless the resulting measurement                  pickling, oiling, levelling, annealing,
                                                    makes the product covered by the existing                                                                       7211.19.7590, 7225.11.0000, 7225.19.0000,
                                                                                                            tempering, temper rolling, skin passing,
                                                    antidumping 18 or countervailing duty 19                                                                        7225.30.3050, 7225.30.7000, 7225.40.7000,
                                                                                                            painting, varnishing, trimming, cutting,
                                                    orders on Certain Cut-To-Length Carbon-                 punching, and/or slitting, or any other                 7225.99.0090, 7226.11.1000, 7226.11.9030,
                                                    Quality Steel Plate Products From the                   processing that would not otherwise remove              7226.11.9060, 7226.19.1000, 7226.19.9000,
                                                    Republic of Korea (A–580–836; C–580–837),               the merchandise from the scope of the                   7226.91.5000, 7226.91.7000, and
                                                    and                                                     investigation if performed in the country of            7226.91.8000. The products subject to the
                                                       (2) where the width and thickness vary for           manufacture of the hot-rolled steel.                    investigation may also enter under the
                                                    a specific product (e.g., the thickness of                 All products that meet the written physical          following HTSUS numbers: 7210.90.9000,
                                                    certain products with non-rectangular cross-            description, and in which the chemistry                 7211.90.0000, 7212.40.1000, 7212.40.5000,
                                                    section, the width of certain products with             quantities do not exceed any one of the noted           7212.50.0000, 7214.91.0015, 7214.91.0060,
                                                    non-rectangular shape, etc.), the                       element levels listed above, are within the             7214.91.0090, 7214.99.0060, 7214.99.0075,
                                                    measurement at its greatest width or                    scope of this investigation unless specifically
                                                    thickness applies.                                                                                              7214.99.0090, 7215.90.5000, 7226.99.0180,
                                                                                                            excluded. The following products are outside
                                                       Steel products included in the scope of this                                                                 and 7228.60.6000.
                                                                                                            of and/or specifically excluded from the
                                                    investigation are products in which: (1) Iron           scope of this investigation:                              The HTSUS subheadings above are
                                                    predominates, by weight, over each of the                  • Universal mill plates (i.e., hot-rolled,           provided for convenience and U.S. Customs
                                                    other contained elements; (2) the carbon                flat-rolled products not in coils that have             and Border Protection purposes only. The
                                                    content is 2 percent or less, by weight; and            been rolled on four faces or in a closed box            written description of the scope of the
                                                    (3) none of the elements listed below exceeds           pass, of a width exceeding 150 mm but not               investigation is dispositive.
                                                    the quantity, by weight, respectively                   exceeding 1250 mm, of a thickness not less
                                                    indicated:                                              than 4.0 mm, and without patterns in relief);           Appendix II
                                                       • 2.50 percent of manganese, or                         • Products that have been cold-rolled                   List of Topics Discussed in the Preliminary
                                                       • 3.30 percent of silicon, or                        (cold-reduced) after hot-rolling; 20
                                                       • 1.50 percent of copper, or                                                                                 Decision Memorandum
                                                                                                               • Ball bearing steels; 21
                                                       • 1.50 percent of aluminum, or                                                                               I. Summary
                                                                                                               • Tool steels; 22 and
                                                       • 1.25 percent of chromium, or                                                                               II. Background
                                                       • 0.30 percent of cobalt, or                            20 For purposes of this scope exclusion, rolling
                                                                                                                                                                    III. Period of Investigation
                                                       • 0.40 percent of lead, or                           operations such as a skin pass, levelling, temper
                                                                                                                                                                    IV. Postponement of Final Determination and
                                                       • 2.00 percent of nickel, or                         rolling or other minor rolling operations after the           Extension of Provisional Measures
                                                       • 0.30 percent of tungsten, or                       hot-rolling process for purposes of surface finish,     V. Scope of the Investigation
                                                       • 0.80 percent of molybdenum, or                     flatness, shape control, or gauge control do not        VI. Scope Comments
                                                       • 0.10 percent of niobium, or                        constitute cold-rolling sufficient to meet this         VII. Affiliation and Collapsing
                                                       • 0.30 percent of vanadium, or                       exclusion.
                                                                                                                                                                    VIII. Discussion of the Methodology
                                                       • 0.30 percent of zirconium.                            21 Ball bearing steels are defined as steels which

                                                                                                            contain, in addition to iron, each of the following     IX. Date of Sale
                                                       Unless specifically excluded, products are
                                                    included in this scope regardless of levels of          elements by weight in the amount specified: (i) Not     X. Product Comparisons
                                                                                                            less than 0.95 nor more than 1.13 percent of carbon;    XI. Export Price and Constructed Export
                                                    boron and titanium.                                     (ii) not less than 0.22 nor more than 0.48 percent
                                                       For example, specifically included in this                                                                         Price
                                                                                                            of manganese; (iii) none, or not more than 0.03
                                                    scope are vacuum degassed, fully stabilized             percent of sulfur; (iv) none, or not more than 0.03     XII. Normal Value
                                                    (commonly referred to as interstitial-free (IF))        percent of phosphorus; (v) not less than 0.18 nor       XIII. Currency Conversions
                                                    steels, high strength low alloy (HSLA) steels,          more than 0.37 percent of silicon; (vi) not less than   XIV. Adjustments to Cash Deposit Rates for
                                                    the substrate for motor lamination steels,              1.25 nor more than 1.65 percent of chromium; (vii)            Export Subsidies in Companion
                                                    Advanced High Strength Steels (AHSS), and               none, or not more than 0.28 percent of nickel; (viii)
                                                                                                            none, or not more than 0.38 percent of copper; and
                                                                                                                                                                          Countervailing Duty Investigation
                                                    Ultra High Strength Steels (UHSS). IF steels                                                                    XV. Conclusion
                                                                                                            (ix) none, or not more than 0.09 percent of
                                                    are recognized as low carbon steels with                molybdenum.                                             [FR Doc. 2016–06440 Filed 3–21–16; 8:45 am]
                                                                                                               22 Tool steels are defined as steels which contain
                                                      18 See Notice of Amendment of Final                                                                           BILLING CODE 3510–DS–P
                                                                                                            the following combinations of elements in the
                                                    Determinations of Sales at Less Than Fair Value         quantity by weight respectively indicated: (i) More
                                                    and Antidumping Duty Orders: Certain Cut-To-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            than 1.2 percent carbon and more than 10.5 percent
                                                    Length Carbon-Quality Steel Plate Products From         chromium; or (ii) not less than 0.3 percent carbon
                                                    France, India, Indonesia, Italy, Japan and the          and 1.25 percent or more but less than 10.5 percent
                                                    Republic of Korea, 65 FR 6585 (February 10, 2000).      chromium; or (iii) not less than 0.85 percent carbon
                                                      19 See Notice of Amended Final Determinations:        and 1 percent to 1.8 percent, inclusive, manganese;
                                                    Certain Cut-to-Length Carbon-Quality Steel Plate        or (iv) 0.9 percent to 1.2 percent, inclusive,            23 Silico-manganese steel is defined as steels
                                                    From India and the Republic of Korea; and Notice        chromium and 0.9 percent to 1.4 percent, inclusive,
                                                    of Countervailing Duty Orders: Certain Cut-To-          molybdenum; or (v) not less than 0.5 percent carbon     containing by weight: (i) Not more than 0.7 percent
                                                    Length Carbon-Quality Steel Plate From France,          and not less than 3.5 percent molybdenum; or (vi)       of carbon; (ii) 0.5 percent or more but not more than
                                                    India, Indonesia, Italy, and the Republic of Korea,     not less than 0.5 percent carbon and not less than      1.9 percent of manganese, and (iii) 0.6 percent or
                                                    65 FR 6587 (February 10, 2000).                         5.5 percent tungsten.                                   more but not more than 2.3 percent of silicon.



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Document Created: 2018-02-02 15:15:37
Document Modified: 2018-02-02 15:15:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective: March 22, 2016.
ContactAlexander Cipolla or Toni Page, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4956 or (202) 482-1398, respectively.
FR Citation81 FR 15231 

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