81_FR_20433 81 FR 20366 - Certain Cold-Rolled Steel Flat Products From Brazil: Amended Preliminary Determination of Sales at Less Than Fair Value

81 FR 20366 - Certain Cold-Rolled Steel Flat Products From Brazil: Amended Preliminary Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 67 (April 7, 2016)

Page Range20366-20367
FR Document2016-08010

On March 7, 2016, the Department of Commerce (the Department) published the preliminary determination of sales at less than fair value (LTFV) in the antidumping investigation of certain cold-rolled steel flat products from Brazil.\1\ We are amending our Preliminary Determination to correct for a ministerial error with respect to the calculation of the dumping margin for mandatory respondent Companhia Siderurgica National (CSN). The correction to CSN's margin affects the dumping margin applicable, as adverse facts available, to Usinas Siderurgicas de Minas Gerais (Usiminas), as well as the dumping margin applicable to all other companies. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 67 (Thursday, April 7, 2016) 
[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Notices]
[Pages 20366-20367]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08010]



[[Page 20366]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-843]


Certain Cold-Rolled Steel Flat Products From Brazil: Amended 
Preliminary Determination of Sales at Less Than Fair Value

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

SUMMARY: On March 7, 2016, the Department of Commerce (the Department) 
published the preliminary determination of sales at less than fair 
value (LTFV) in the antidumping investigation of certain cold-rolled 
steel flat products from Brazil.\1\ We are amending our Preliminary 
Determination to correct for a ministerial error with respect to the 
calculation of the dumping margin for mandatory respondent Companhia 
Siderurgica National (CSN). The correction to CSN's margin affects the 
dumping margin applicable, as adverse facts available, to Usinas 
Siderurgicas de Minas Gerais (Usiminas), as well as the dumping margin 
applicable to all other companies.
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    \1\ See Certain Cold-Rolled Steel Flat Products from Brazil: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 81 FR 11754 (March 7, 2016) (Preliminary 
Determination).

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DATES: Effective Date: March 7, 2016.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Joseph Shuler, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-3477 or (202) 
482-1293, respectively.

SUPPLEMENTARY INFORMATION: On March 7, 2016, CSN timely filed an 
allegation that the Department made a significant ministerial error.\2\ 
After reviewing the allegation, we have determined that the Preliminary 
Determination included a significant ministerial error. Therefore, we 
have made changes, as described below, to the Preliminary 
Determination.
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    \2\ See CSN's March 7, 2016, submission.
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Scope of Investigation

    The product covered by this investigation is cold-rolled steel from 
Brazil. For a full description of the scope of this investigation, see 
Preliminary Determination, at Appendix I.

Significant Ministerial Error

    A ministerial error is defined in 19 CFR 351.224(f) as ``an error 
in addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' Further, 19 CFR 351.224(e) provides that the Department 
``will analyze any comments received and, if appropriate, correct any 
significant ministerial error by amending the preliminary 
determination.'' A significant ministerial error is defined as a 
ministerial error, the correction of which, singly or in combination 
with other errors, would result in: (1) A change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original (erroneous) 
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a weighted-average 
dumping margin of greater than de minimis or vice versa.\3\
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    \3\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegation

    CSN alleges that the Department committed a ministerial error by 
double-counting its processing cost when the Department revised CSN's 
cost of manufacturing. Specifically, CSN contends that in recalculating 
CSN's cost of manufacturing, the Department double counted its home 
market resellers' processing costs, which significantly overstated the 
derived costs for the foreign like product produced by CSN and its home 
market reseller. The Department reviewed CSN's reporting of processing 
costs and we agree with CSN that this is a ministerial error in 
accordance with 19 CFR 351.224(f).\4\ Moreover, pursuant to 19 CFR 
351.224(g)(1), this error is significant because the correction of the 
error results in a change of at least 5 absolute percentage points, but 
not less than 25 percent, of the weighted-average dumping margin from 
the Preliminary Determination. Therefore, we are correcting the error 
alleged by CSN, and we are amending our preliminary determination 
accordingly.
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    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
James Maeder, Senior Director, Office I, Antidumping and 
Countervailing Duty Operations, dated March 28, 2016.
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Amended Preliminary Determination

    We are amending the preliminary determination of sales at less than 
fair value for cold-rolled flat steel produts from Brazil to reflect 
the correction of a ministerial error made in the margin calculations 
of that determination. As a result of the correction of the ministerial 
error, we have also revised the dumping margins applicable to Usiminas 
\5\ and to all other companies. The revised dumping margins are as 
follows:
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    \5\ See Memorandum titled ``Certain Cold-Rolled Steel Flat 
Products from Brazil: Corroboration of a Rate Based on Adverse Facts 
Available,'' dated concurrently with this notice.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/Producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Companhia Siderurgica Nacional..............................       20.84
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas).........       35.43
All-Others..................................................       20.84
------------------------------------------------------------------------

Suspension of Liquidation

    The collection of cash deposits will be revised in accordance with 
sections 733(d) and (f) of the Act and 19 CFR 351.224. Because the 
correction of the error for CSN results in a reduced cash deposit rate 
for all of the respondents, the revised rates calculated for CSN, 
Usiminas, and companies covered by the ``all others'' rate will be 
effective retroactively to March 7, 2016, the date of publication of 
the Preliminary Determination.
    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, adjusted 
where appropriate for export subsidies, as follows: (1) The rates for 
CSN and Usiminas, when adjusted for export subsidies, are 16.71 and 
31.61 percent, respectively; (2) if the exporter is not a firm 
identified in this investigation, but the producer is, the rate will be 
the rate established for the producer of the subject merchandise, less 
export subsidies; (3) the rate for all other producers or exporters 
when adjusted for export subsidies is 16.86 percent.\6\ These 
suspension of liquidation instructions will remain in effect until 
further notice.
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    \6\ See Countervailing Duty Investigation of Certain Cold-Rolled 
Steel Flat Products From Brazil: Preliminary Affirmative 
Determination and Alignment of Final Determination With Final 
Antidumping Duty Determination, 80 FR 79569 (Dec. 22, 2015) and the 
accompanying preliminary decision memorandum, dated December 15, 
2015; see also the All-Others Rate Memorandum, dated concurrently 
with this notice.

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[[Page 20367]]

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we are notifying the 
International Tade Commission (ITC) of our amended 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.

Notification to Interested Parties

    The Department intends to disclose calculations performed in 
connection with this amended preliminary determination within five days 
of the date of publication of this notice in accordance with 19 CFR 
351.224(b).
    This determination is issued and published in accordance with 
sections 733(f) and 777(i) of the Act and 19 CFR 351.224(e).

    Dated: April 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-08010 Filed 4-6-16; 8:45 am]
BILLING CODE 3510-DS-P

20366 Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Notices DEPARTMENT OF COMMERCE Significant Ministerial Error value for cold-rolled flat steel produts A ministerial error is defined in 19 from Brazil to reflect the correction of a International Trade Administration CFR 351.224(f) as ‘‘an error in addition, ministerial error made in the margin subtraction, or other arithmetic calculations of that determination. As a [A–351–843] function, clerical error resulting from result of the correction of the ministerial inaccurate copying, duplication, or the error, we have also revised the dumping Certain Cold-Rolled Steel Flat Products like, and any other similar type of margins applicable to Usiminas 5 and to From Brazil: Amended Preliminary Determination of Sales at Less Than unintentional error which the Secretary all other companies. The revised Fair Value considers ministerial.’’ Further, 19 CFR dumping margins are as follows: 351.224(e) provides that the Department AGENCY: Enforcement and Compliance, ‘‘will analyze any comments received Weighted- International Trade Administration, and, if appropriate, correct any average Exporter/Producer significant ministerial error by margin Department of Commerce. (percent) SUMMARY: On March 7, 2016, the amending the preliminary Department of Commerce (the determination.’’ A significant Companhia Siderurgica Nacional 20.84 Department) published the preliminary ministerial error is defined as a Usinas Siderurgicas de Minas determination of sales at less than fair ministerial error, the correction of Gerais S.A. (Usiminas) ........... 35.43 value (LTFV) in the antidumping which, singly or in combination with All-Others .................................... 20.84 investigation of certain cold-rolled steel other errors, would result in: (1) A flat products from Brazil.1 We are change of at least five absolute Suspension of Liquidation amending our Preliminary percentage points in, but not less than Determination to correct for a 25 percent of, the weighted-average The collection of cash deposits will be ministerial error with respect to the dumping margin calculated in the revised in accordance with sections calculation of the dumping margin for original (erroneous) preliminary 733(d) and (f) of the Act and 19 CFR mandatory respondent Companhia determination; or (2) a difference 351.224. Because the correction of the Siderurgica National (CSN). The between a weighted-average dumping error for CSN results in a reduced cash correction to CSN’s margin affects the margin of zero or de minimis and a deposit rate for all of the respondents, dumping margin applicable, as adverse weighted-average dumping margin of the revised rates calculated for CSN, facts available, to Usinas Siderurgicas greater than de minimis or vice versa.3 Usiminas, and companies covered by de Minas Gerais (Usiminas), as well as Ministerial Error Allegation the ‘‘all others’’ rate will be effective the dumping margin applicable to all CSN alleges that the Department retroactively to March 7, 2016, the date other companies. committed a ministerial error by double- of publication of the Preliminary DATES: Effective Date: March 7, 2016. counting its processing cost when the Determination. FOR FURTHER INFORMATION CONTACT: Department revised CSN’s cost of Pursuant to section 733(d)(1)(B) of the Hermes Pinilla or Joseph Shuler, AD/ manufacturing. Specifically, CSN Act and 19 CFR 351.205(d), the CVD Operations, Office I, Enforcement contends that in recalculating CSN’s Department will instruct CBP to require and Compliance, International Trade cost of manufacturing, the Department a cash deposit equal to the weighted- Administration, U.S. Department of double counted its home market average amount by which the NV Commerce, 1401 Constitution Avenue resellers’ processing costs, which exceeds U.S. price, adjusted where NW., Washington, DC 20230; telephone: significantly overstated the derived appropriate for export subsidies, as (202) 482–3477 or (202) 482–1293, costs for the foreign like product follows: (1) The rates for CSN and respectively. produced by CSN and its home market reseller. The Department reviewed Usiminas, when adjusted for export SUPPLEMENTARY INFORMATION: On March CSN’s reporting of processing costs and subsidies, are 16.71 and 31.61 percent, 7, 2016, CSN timely filed an allegation we agree with CSN that this is a respectively; (2) if the exporter is not a that the Department made a significant ministerial error in accordance with 19 firm identified in this investigation, but ministerial error.2 After reviewing the CFR 351.224(f).4 Moreover, pursuant to the producer is, the rate will be the rate allegation, we have determined that the 19 CFR 351.224(g)(1), this error is established for the producer of the Preliminary Determination included a significant because the correction of the subject merchandise, less export significant ministerial error. Therefore, error results in a change of at least 5 subsidies; (3) the rate for all other we have made changes, as described absolute percentage points, but not less producers or exporters when adjusted below, to the Preliminary than 25 percent, of the weighted-average for export subsidies is 16.86 percent.6 Determination. dumping margin from the Preliminary These suspension of liquidation Scope of Investigation Determination. Therefore, we are instructions will remain in effect until correcting the error alleged by CSN, and further notice. The product covered by this we are amending our preliminary investigation is cold-rolled steel from determination accordingly. 5 See Memorandum titled ‘‘Certain Cold-Rolled Brazil. For a full description of the Amended Preliminary Determination Steel Flat Products from Brazil: Corroboration of a scope of this investigation, see Rate Based on Adverse Facts Available,’’ dated Preliminary Determination, at Appendix We are amending the preliminary concurrently with this notice. mstockstill on DSK4VPTVN1PROD with NOTICES I. determination of sales at less than fair 6 See Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From Brazil: 1 See Certain Cold-Rolled Steel Flat Products from 3 See19 CFR 351.224(g)(1) and (2). Preliminary Affirmative Determination and Brazil: Affirmative Preliminary Determination of 4 SeeMemorandum to Christian Marsh, Deputy Alignment of Final Determination With Final Sales at Less Than Fair Value, Postponement of Assistant Secretary for Antidumping and Antidumping Duty Determination, 80 FR 79569 Final Determination, and Extension of Provisional Countervailing Duty Operations, from James (Dec. 22, 2015) and the accompanying preliminary Measures, 81 FR 11754 (March 7, 2016) Maeder, Senior Director, Office I, Antidumping and decision memorandum, dated December 15, 2015; (Preliminary Determination). Countervailing Duty Operations, dated March 28, see also the All-Others Rate Memorandum, dated 2 See CSN’s March 7, 2016, submission. 2016. concurrently with this notice. VerDate Sep<11>2014 16:35 Apr 06, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\07APN1.SGM 07APN1

Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Notices 20367 International Trade Commission best practices. All sessions will be open posted on http://www.csrc.nist.gov. Notification to the public. Seating will be available for the public DATES: The meeting will be held on and media. No registration is required to In accordance with section 733(f) of Thursday, April 14, 2016, from 1 p.m. attend this meeting. the Act, we are notifying the until 4 p.m. Eastern Time. Public Participation: The Commission International Tade Commission (ITC) of ADDRESSES: The meeting will be held at agenda will include a period of time, our amended affirmative preliminary the U.S. Department of Commerce, not to exceed fifteen minutes, for oral determination of sales at LTFV. If our Herbert C. Hoover Building, U.S. comments from the public on Thursday, final determination is affirmative, the Commerce Research Library Reading April 14, 2016 (between 3:45 p.m. and ITC will determine before the later of Room, Room 1894, located on the first 4 p.m.). Speakers will be selected on a 120 days after the date of this floor at 15th Street and Pennsylvania first-come, first-served basis. Each preliminary determination or 45 days Avenue NW., Washington, DC. The speaker will be limited to five minutes. after our final determination whether meeting is open to the public and Questions from the public will not be these imports are materially injuring, or interested parties are requested to considered during this period. Members threaten material injury to, the U.S. contact Kevin Stine in advance of the of the public who are interested in industry. meeting for building entrance speaking are requested to contact Kevin Notification to Interested Parties requirements. Stine at the contact information The Department intends to disclose indicated in the FOR FURTHER FOR FURTHER INFORMATION CONTACT: INFORMATION CONTACT section of this calculations performed in connection Kevin Stine, Information Technology with this amended preliminary notice. Laboratory, National Institute of Speakers who wish to expand upon determination within five days of the Standards and Technology, 100 Bureau their oral statements, those who had date of publication of this notice in Drive, Stop 2000, Gaithersburg, MD wished to speak but could not be accordance with 19 CFR 351.224(b). 20899–8900, telephone: (301) 975–4483, accommodated on the agenda, and those This determination is issued and or by email at: kevin.stine@nist.gov. who were unable to attend in person are published in accordance with sections SUPPLEMENTARY INFORMATION: Pursuant invited to submit written statements. In 733(f) and 777(i) of the Act and 19 CFR to the Federal Advisory Committee Act, addition, written statements are invited 351.224(e). as amended, 5 U.S.C. App., notice is and may be submitted to the Dated: April 1, 2016. hereby given that the Commission on Commission at any time. All written Paul Piquado, Enhancing National Cybersecurity (‘‘the statements should be directed to the Assistant Secretary for Enforcement and Commission’’) will meet Thursday, Commission Executive Director, Compliance. April 14, 2016, from 1 p.m. until 4 p.m. Information Technology Laboratory, 100 [FR Doc. 2016–08010 Filed 4–6–16; 8:45 am] Eastern Time. All sessions will be open Bureau Drive, Stop 8900, National BILLING CODE 3510–DS–P to the public. The Commission is Institute of Standards and Technology, authorized by Executive Order 13718, Gaithersburg, MD 20899–8900. Pursuant Commission on Enhancing National to 41 CFR 102–3.150(b), this Federal DEPARTMENT OF COMMERCE Cybersecurity.1 The Commission was Register notice for this meeting is being established by the President and will published fewer than 15 calendar days National Institute of Standards and make detailed recommendations to prior to the meeting as exceptional Technology strengthen cybersecurity in both the circumstances exist. It is imperative that public and private sectors while the meeting be held on April 14, 2016 Open Meeting of the Commission on protecting privacy, ensuring public to accommodate the scheduling Enhancing National Cybersecurity safety and economic and national priorities of the key participants, who AGENCY: National Institute of Standards security, fostering discovery and must begin work as soon as possible in and Technology, Commerce. development of new technical solutions, order to complete the Commission’s and bolstering partnerships between report by December 1, 2016, as required ACTION: Notice. Federal, state, local, tribal and territorial by Executive Order 13718 section 3(e) SUMMARY: The Commission on governments and the private sector in (February 9, 2016). Notice of the Enhancing National Cybersecurity will the development, promotion, and use of meeting is also posted on the National meet Thursday, April 14, 2016, from 1 cybersecurity technologies, policies, and Institute of Standards and Technology’s p.m. until 4 p.m. Eastern Time. The best practices. Web site at www.csrc.nist.gov. The agenda is expected to include the primary purpose of the meeting is to Kevin Kimball, following items: discuss the goals and outcomes of the Chief of Staff. Commission’s work with an emphasis — Introductions on topics for the Commission to review — Review Executive Order and [FR Doc. 2016–07954 Filed 4–6–16; 8:45 am] as it develops detailed Commission Charter BILLING CODE 3510–13–P — Discuss proposed scope of work recommendations to strengthen — Discuss work plan for addressing cybersecurity in both the public and DEPARTMENT OF COMMERCE scope of work private sectors while protecting privacy, — Informational briefings ensuring public safety and economic — Commission timeline National Oceanic and Atmospheric mstockstill on DSK4VPTVN1PROD with NOTICES and national security, fostering — Public comment Administration discovery and development of new — Closure technical solutions, and bolstering RIN 0648–XE548 Note that agenda items may change partnerships between Federal, State, New England Fishery Management without notice. The final agenda will be local, tribal and territorial governments Council; Public Meeting and the private sector in the 1 https://www.federalregister.gov/articles/2016/ development, promotion, and use of 02/12/2016–03038/commission-on-enhancing- AGENCY: National Marine Fisheries cybersecurity technologies, policies, and national-cybersecurity. Service (NMFS), National Oceanic and VerDate Sep<11>2014 16:35 Apr 06, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\07APN1.SGM 07APN1


Document Created: 2016-04-06 23:44:23
Document Modified: 2016-04-06 23:44:23
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
ContactHermes Pinilla or Joseph Shuler, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-1293, respectively.
FR Citation81 FR 20366 
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