81 FR 2168 - Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat Products From Brazil: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 10 (January 15, 2016)
International Trade Administration
Federal Register Volume 81, Issue 10 (January 15, 2016)
| Page Range | 2168-2170 | |
| FR Document | 2016-00751 |
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)] [Notices] [Pages 2168-2170] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00751] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-351-846] Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat Products From Brazil: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain hot-rolled steel flat products (hot- rolled steel) from Brazil. The period of investigation is January 1, 2014, through December 31, 2014. We invite interested parties to comment on this preliminary determination. DATES: Effective date: January 15, 2016. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Lana Nigro, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1395 or (202) 482-1779, respectively. Scope of the Investigation The products covered by this investigation are hot-rolled steel flat products from Brazil. For a complete description of the scope of this investigation, see Appendix II. Methodology The Department is conducting this countervailing duty (CVD) investigation in accordance with section 701 of the Tariff Act of 1930, as amended (Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a financial contribution by an ``authority'' that gives rise to a benefit to the recipient, and that the subsidy is specific.\1\ For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.\2\ A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I 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 http://access.trade.gov, and is available 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 accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. \2\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations; Re: Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat Products from Brazil, dated January 8, 2016. --------------------------------------------------------------------------- In making this preliminary determination, the Department relied, in part, on facts otherwise available.\3\ For further information, see ``Use of Facts Otherwise Available'' in the accompanying Preliminary Decision Memorandum. --------------------------------------------------------------------------- \3\ See section 776(a) of the Act. --------------------------------------------------------------------------- Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the final [[Page 2169]] CVD determination in this investigation with the final determination in the companion antidumping duty (AD) investigation of hot-rolled steel from Brazil based on a request made by Petitioners.\4\ Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than May 22, 2016,\5\ unless postponed. --------------------------------------------------------------------------- \4\ AK Steel Corporation, ArcelorMittal USA LLC, Nucor Corporation, Steel Dynamics Inc., and the United States Steel Corporation (collectively, Petitioners). See letter from Petitioners, ``Certain Hot-Rolled Steel Flat Products from Brazil and the Republic of Korea: Request to Align the Countervailing Duty Final Determinations with the Companion Antidumping Duty Final Determinations,'' dated January 7, 2016 (Petitioners' Request for Alignment). \5\ The current deadline for the final AD determination, May 22, 2016, is a Sunday. Pursuant to Department practice, the signature date will be the next business day, which is Monday, May 23, 2016. See Notice of Clarification: Application of ``Next Business Day'' Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). --------------------------------------------------------------------------- Preliminary Determination In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a CVD rate for each individually investigated respondent company. Section 705(c)(5)(A)(i) of the Act states that, for companies not individually investigated, we will determine an ``all-others'' rate equal to the weighted-average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. Consistent with the Department's practice, we normally calculate the all-others rate based on the weighted average of the mandatory respondents' calculated subsidy rates.\6\ In this case however, the two mandatory respondents have the same rate. Therefore, it is unnecessary to calculate an all-others rate that is the weighted average of the mandatory respondents' rates. The all-others rate is the rate calculated for both mandatory respondents. --------------------------------------------------------------------------- \6\ See, e.g., Countervailing Duty Investigation of Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part, 80 FR 34888 (June 18, 2015). --------------------------------------------------------------------------- We preliminarily determine the countervailable subsidy rates to be: ------------------------------------------------------------------------ Subsidy rate Company (percent) ------------------------------------------------------------------------ Companhia Siderurgica Nacional (CSN).................... 7.42 Usinas Siderurgicas de Minas Gerais S.A. (Usiminas)..... 7.42 All-Others.............................................. 7.42 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 703(d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of hot-rolled steel from Brazil 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. Section 703(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. On December 9, 2015, we preliminarily found that critical circumstances exist for imports produced or exported by CSN and Usiminas.\7\ For CSN and Usiminas, in accordance with section 703(e)(2)(A) of the Act, suspension of liquidation of hot-rolled steel products from Brazil, as described in the ``Scope of the Investigation'' section, shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice, the date suspension of liquidation is first ordered. Because we preliminarily found critical circumstances do not exist for all other producers and exporters, we will begin suspension of liquidation for such firms on the date of publication of this notice in the Federal Register. In accordance with sections 703(d)(1)(B) and 703(e)(2)(A) of the Act, the Department will instruct CBP to require a cash deposit equal to the amounts indicated above. --------------------------------------------------------------------------- \7\ See Antidumping Duty Investigations of Certain Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, and the Netherlands and Countervailing Duty Investigation of Certain Hot- Rolled Steel Flat Products From Brazil: Preliminary Determinations of Critical Circumstances, 80 FR 76444 (December 9, 2015). --------------------------------------------------------------------------- Verification As provided in section 782(i)(1) of the Act, we intend to verify the information submitted by the respondents prior to making our final determination. International Trade Commission Notification In accordance with section 703(f) of the Act, we will notify the International Trade Commission (ITC) of our determination. In addition, we are making available to the ITC all non-privileged and non- proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance. In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination. Disclosure and Public Comment The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement.\8\ Interested parties may submit case and rebuttal briefs, as well as request a hearing.\9\ For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \8\ See 19 CFR 351.224(b). \9\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c). --------------------------------------------------------------------------- This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: January 8, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Preliminary Determination of Critical Circumstances IV. Scope Comments V. Scope of the Investigation VI. Alignment VII. Injury Test VIII. Use of Facts Otherwise Available IX. Subsidies Valuation X. Analysis of Programs XI. Calculation of the All-Others Rate XII. ITC Notification XIII. Disclosure and Public Comment XIV. Verification [[Page 2170]] XV. Conclusion Appendix II Scope of the Investigation The products covered by this investigation are certain hot- rolled, flat-rolled steel products, with or without patterns in relief, and whether or not annealed, painted, varnished, or coated with plastics or other non-metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (``width'') of 12.7 mm or greater, regardless of thickness, and regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness of less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non-rectangular cross-section where such cross-section is achieve subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above unless the resulting measurement makes the product covered by the existing antidumping \10\ or countervailing duty \11\ orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products From the Republic of Korea (A-580-836; C-580-837), and --------------------------------------------------------------------------- \10\ 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). \11\ Notice of Amended Final Determinations: Certain Cut-to- Length Carbon-Quality Steel Plate From India and the Republic of Korea; and Notice of Countervailing Duty Orders: Certain Cut-To- Length Carbon-Quality Steel Plate From France, India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000). --------------------------------------------------------------------------- (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross- section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated:2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.00 percent of nickel, or 0.30 percent of tungsten, or 0.80 percent of molybdenum, or 0.10 percent of niobium, or 0.30 percent of vanadium, or 0.30 percent of zirconium. Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial- free (IF)) steels, high strength low alloy (HSLA) steels, the substrate for motor lamination steels, Advanced High Strength Steels (AHSS), and Ultra High Strength Steels (UHSS). IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. The substrate for motor lamination steels contains micro-alloying 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; \12\ --------------------------------------------------------------------------- \12\ For purposes of this scope exclusion, rolling operations such as a skin pass, levelling, temper rolling or other minor rolling operations after the hot-rolling process for purposes of surface finish, flatness, shape control, or gauge control do not constitute cold-rolling sufficient to meet this exclusion. --------------------------------------------------------------------------- Ball bearing steels; \13\ --------------------------------------------------------------------------- \13\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- Tool steels;\14\ and --------------------------------------------------------------------------- \14\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steels;\15\ --------------------------------------------------------------------------- \15\ Silico-manganese steel is defined as steels containing by weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or more but not more than 1.9 percent of manganese, and (iii) 0.6 percent or more but not more than 2.3 percent of silicon. --------------------------------------------------------------------------- The products subject to this investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7208.10.1500, 7208.10.3000, 7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030, 7208.26.0060, 7208.27.0030, 7208.27.0060, 7208.36.0030, 7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015, 7208.38.0030, 7208.38.0090, 7208.39.0015, 7208.39.0030, 7208.39.0090, 7208.40.6030, 7208.40.6060, 7208.53.0000, 7208.54.0000, 7208.90.0000, 7210.70.3000, 7211.14.0030, 7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000, 7211.19.4500, 7211.19.6000, 7211.19.7530, 7211.19.7560, 7211.19.7590, 7225.11.0000, 7225.19.0000, 7225.30.3050, 7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.5000, 7226.91.7000, and 7226.91.8000. The products subject to the investigation may also enter under the following HTSUS numbers: 7210.90.9000, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.5000, 7226.99.0180, and 7228.60.6000. The HTSUS subheadings above are provided for convenience and U.S. Customs purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2016-00751 Filed 1-14-16; 8:45 am] BILLING CODE 3510-DS-P
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aluminum. AHSS and UHSS are considered 7208.10.3000, 7208.10.6000, 7208.25.3000, Scope of the Investigation
high tensile strength and high elongation 7208.25.6000, 7208.26.0030, 7208.26.0060,
steels, although AHSS and UHSS are covered 7208.27.0030, 7208.27.0060, 7208.36.0030, The products covered by this
whether or not they are high tensile strength 7208.36.0060, 7208.37.0030, 7208.37.0060, investigation are hot-rolled steel flat
or high elongation steels. 7208.38.0015, 7208.38.0030, 7208.38.0090, products from Brazil. For a complete
Subject merchandise includes hot-rolled 7208.39.0015, 7208.39.0030, 7208.39.0090, description of the scope of this
steel that has been further processed in a 7208.40.6030, 7208.40.6060, 7208.53.0000, investigation, see Appendix II.
third country, including but not limited to 7208.54.0000, 7208.90.0000, 7210.70.3000,
pickling, oiling, levelling, annealing, 7211.14.0030, 7211.14.0090, 7211.19.1500, Methodology
tempering, temper rolling, skin passing, 7211.19.2000, 7211.19.3000, 7211.19.4500, The Department is conducting this
painting, varnishing, trimming, cutting, 7211.19.6000, 7211.19.7530, 7211.19.7560, countervailing duty (CVD) investigation
punching, and/or slitting, or any other 7211.19.7590, 7225.11.0000, 7225.19.0000, in accordance with section 701 of the
processing that would not otherwise remove 7225.30.3050, 7225.30.7000, 7225.40.7000,
the merchandise from the scope of the
Tariff Act of 1930, as amended (Act).
7225.99.0090, 7226.11.1000, 7226.11.9030,
investigation if performed in the country of For each of the subsidy programs found
7226.11.9060, 7226.19.1000, 7226.19.9000,
manufacture of the hot-rolled steel. 7226.91.5000, 7226.91.7000, and countervailable, we preliminarily
All products that meet the written physical 7226.91.8000. The products subject to the determine that there is a subsidy, i.e., a
description, and in which the chemistry investigation may also enter under the financial contribution by an ‘‘authority’’
quantities do not exceed any one of the noted following HTSUS numbers: 7210.90.9000, that gives rise to a benefit to the
element levels listed above, are within the 7211.90.0000, 7212.40.1000, 7212.40.5000, recipient, and that the subsidy is
scope of this investigation unless specifically 7212.50.0000, 7214.91.0015, 7214.91.0060, specific.1 For a full description of the
excluded. The following products are outside 7214.91.0090, 7214.99.0060, 7214.99.0075, methodology underlying our
of and/or specifically excluded from the 7214.99.0090, 7215.90.5000, 7226.99.0180,
scope of this investigation:
preliminary conclusions, see the
and 7228.60.6000. Preliminary Decision Memorandum.2 A
• Universal mill plates (i.e., hot-rolled, The HTSUS subheadings above are
flat-rolled products not in coils that have list of topics discussed in the
provided for convenience and U.S. Customs
been rolled on four faces or in a closed box and Border Protection purposes only. The Preliminary Decision Memorandum is
pass, of a width exceeding 150 mm but not written description of the scope of the included as Appendix I to this notice.
exceeding 1250 mm, of a thickness not less investigation is dispositive. The Preliminary Decision Memorandum
than 4.0 mm, and without patterns in relief); is a public document and is on file
• Products that have been cold-rolled [FR Doc. 2016–00749 Filed 1–14–16; 8:45 am]
electronically via Enforcement and
(cold-reduced) after hot-rolling; 6 BILLING CODE 3510–DS–P
Compliance’s Antidumping and
• Ball bearing steels; 7
• Tool steels; 8 and Countervailing Duty Centralized
• Silico-manganese steels; 9 DEPARTMENT OF COMMERCE Electronic Service System (ACCESS).
The products subject to this investigation ACCESS is available to registered users
are currently classified in the Harmonized International Trade Administration at http://access.trade.gov, and is
Tariff Schedule of the United States (HTSUS) available to all parties in the Central
under item numbers: 7208.10.1500, Records Unit, room B8024 of the main
[C–351–846]
Department of Commerce building. In
6 For purposes of this scope exclusion, rolling
Countervailing Duty Investigation of addition, a complete version of the
operations such as a skin pass, levelling, temper Preliminary Decision Memorandum can
rolling or other minor rolling operations after the Certain Hot-Rolled Steel Flat Products
hot-rolling process for purposes of surface finish, From Brazil: Preliminary Affirmative be accessed directly at http://
flatness, shape control, or gauge control do not Determination and Alignment of Final enforcement.trade.gov/frn/. The signed
constitute cold-rolling sufficient to meet this
Determination With Final Antidumping Preliminary Decision Memorandum and
exclusion. the electronic versions of the
7 Ball bearing steels are defined as steels which Duty Determination
Preliminary Decision Memorandum are
contain, in addition to iron, each of the following
elements by weight in the amount specified: (i) Not AGENCY: Enforcement and Compliance, identical in content.
less than 0.95 nor more than 1.13 percent of carbon; International Trade Administration, In making this preliminary
(ii) not less than 0.22 nor more than 0.48 percent Department of Commerce. determination, the Department relied, in
of manganese; (iii) none, or not more than 0.03 part, on facts otherwise available.3 For
percent of sulfur; (iv) none, or not more than 0.03 SUMMARY: The Department of Commerce
percent of phosphorus; (v) not less than 0.18 nor further information, see ‘‘Use of Facts
(the Department) preliminarily Otherwise Available’’ in the
more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii) determines that countervailable accompanying Preliminary Decision
none, or not more than 0.28 percent of nickel; (viii) subsidies are being provided to Memorandum.
none, or not more than 0.38 percent of copper; and producers and exporters of certain hot-
(ix) none, or not more than 0.09 percent of rolled steel flat products (hot-rolled Alignment
molybdenum.
8 Tool steels are defined as steels which contain steel) from Brazil. The period of As noted in the Preliminary Decision
the following combinations of elements in the investigation is January 1, 2014, through Memorandum, in accordance with
quantity by weight respectively indicated: (i) More December 31, 2014. We invite interested section 705(a)(1) of the Act and 19 CFR
than 1.2 percent carbon and more than 10.5 percent parties to comment on this preliminary
chromium; or (ii) not less than 0.3 percent carbon
351.210(b)(4), we are aligning the final
and 1.25 percent or more but less than 10.5 percent
determination.
1 See sections 771(5)(B) and (D) of the Act
chromium; or (iii) not less than 0.85 percent carbon DATES: Effective date: January 15, 2016.
and 1 percent to 1.8 percent, inclusive, manganese; regarding financial contribution; section 771(5)(E)
or (iv) 0.9 percent to 1.2 percent, inclusive, FOR FURTHER INFORMATION CONTACT: of the Act regarding benefit; and section 771(5A) of
chromium and 0.9 percent to 1.4 percent, inclusive, the Act regarding specificity.
mstockstill on DSK4VPTVN1PROD with NOTICES
Nicholas Czajkowski or Lana Nigro, AD/
molybdenum; or (v) not less than 0.5 percent carbon 2 See Memorandum to Paul Piquado, Assistant
and not less than 3.5 percent molybdenum; or (vi) CVD Operations, Office I, Enforcement Secretary for Enforcement and Compliance, from
not less than 0.5 percent carbon and not less than and Compliance, International Trade Christian Marsh, Deputy Assistant Secretary for
5.5 percent tungsten. Administration, U.S. Department of Antidumping and Countervailing Duty Operations;
9 Silico-manganese steel is defined as steels
Commerce, 14th Street and Constitution Re: Decision Memorandum for the Preliminary
containing by weight: (i) Not more than 0.7 percent Determination in the Countervailing Duty
of carbon; (ii) 0.5 percent or more but not more than
Avenue NW., Washington, DC 20230; Investigation of Certain Hot-Rolled Steel Flat
1.9 percent of manganese, and (iii) 0.6 percent or telephone: (202) 482–1395 or (202) 482– Products from Brazil, dated January 8, 2016.
more but not more than 2.3 percent of silicon. 1779, respectively. 3 See section 776(a) of the Act.
VerDate Sep<11>2014 20:01 Jan 14, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\15JAN1.SGM 15JAN1](https://thefederalregister.org/doc/81_FR_2178/page/1.svg)
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XV. Conclusion • 1.25 percent of chromium, or • Tool steels;14 and
• 0.30 percent of cobalt, or • Silico-manganese steels;15
Appendix II • 0.40 percent of lead, or The products subject to this investigation
Scope of the Investigation • 2.00 percent of nickel, or are currently classified in the Harmonized
• 0.30 percent of tungsten, or Tariff Schedule of the United States (HTSUS)
The products covered by this investigation • 0.80 percent of molybdenum, or
are certain hot-rolled, flat-rolled steel under item numbers: 7208.10.1500,
• 0.10 percent of niobium, or
products, with or without patterns in relief, 7208.10.3000, 7208.10.6000, 7208.25.3000,
• 0.30 percent of vanadium, or
and whether or not annealed, painted, 7208.25.6000, 7208.26.0030, 7208.26.0060,
• 0.30 percent of zirconium.
varnished, or coated with plastics or other 7208.27.0030, 7208.27.0060, 7208.36.0030,
non-metallic substances. The products Unless specifically excluded, products are
included in this scope regardless of levels of 7208.36.0060, 7208.37.0030, 7208.37.0060,
covered do not include those that are clad,
boron and titanium. 7208.38.0015, 7208.38.0030, 7208.38.0090,
plated, or coated with metal. The products
covered include coils that have a width or For example, specifically included in this 7208.39.0015, 7208.39.0030, 7208.39.0090,
other lateral measurement (‘‘width’’) of 12.7 scope are vacuum degassed, fully stabilized 7208.40.6030, 7208.40.6060, 7208.53.0000,
mm or greater, regardless of thickness, and (commonly referred to as interstitial-free (IF)) 7208.54.0000, 7208.90.0000, 7210.70.3000,
regardless of form of coil (e.g., in steels, high strength low alloy (HSLA) steels, 7211.14.0030, 7211.14.0090, 7211.19.1500,
successively superimposed layers, spirally the substrate for motor lamination steels, 7211.19.2000, 7211.19.3000, 7211.19.4500,
oscillating, etc.). The products covered also Advanced High Strength Steels (AHSS), and 7211.19.6000, 7211.19.7530, 7211.19.7560,
include products not in coils (e.g., in straight Ultra High Strength Steels (UHSS). IF steels
7211.19.7590, 7225.11.0000, 7225.19.0000,
lengths) of a thickness of less than 4.75 mm are recognized as low carbon steels with
micro-alloying levels of elements such as 7225.30.3050, 7225.30.7000, 7225.40.7000,
and a width that is 12.7 mm or greater and
that measures at least 10 times the thickness. titanium and/or niobium added to stabilize 7225.99.0090, 7226.11.1000, 7226.11.9030,
The products described above may be carbon and nitrogen elements. HSLA steels 7226.11.9060, 7226.19.1000, 7226.19.9000,
rectangular, square, circular, or other shape are recognized as steels with micro-alloying 7226.91.5000, 7226.91.7000, and
and include products of either rectangular or levels of elements such as chromium, copper, 7226.91.8000. The products subject to the
non-rectangular cross-section where such niobium, titanium, vanadium, and investigation may also enter under the
cross-section is achieve subsequent to the molybdenum. The substrate for motor following HTSUS numbers: 7210.90.9000,
rolling process, i.e., products which have lamination steels contains micro-alloying 7211.90.0000, 7212.40.1000, 7212.40.5000,
been ‘‘worked after rolling’’ (e.g., products levels of elements such as silicon and 7212.50.0000, 7214.91.0015, 7214.91.0060,
which have been beveled or rounded at the aluminum. AHSS and UHSS are considered 7214.91.0090, 7214.99.0060, 7214.99.0075,
edges). For purposes of the width and high tensile strength and high elongation
7214.99.0090, 7215.90.5000, 7226.99.0180,
thickness requirements referenced above: steels, although AHSS and UHSS are covered
(1) Where the nominal and actual whether or not they are high tensile strength and 7228.60.6000.
measurements vary, a product is within the or high elongation steels. The HTSUS subheadings above are
scope if application of either the nominal or Subject merchandise includes hot-rolled provided for convenience and U.S. Customs
actual measurement would place it within steel that has been further processed in a purposes only. The written description of the
the scope based on the definitions set forth third country, including but not limited to scope of the investigation is dispositive.
above unless the resulting measurement pickling, oiling, levelling, annealing, [FR Doc. 2016–00751 Filed 1–14–16; 8:45 am]
makes the product covered by the existing tempering, temper rolling, skin passing,
antidumping 10 or countervailing duty 11 BILLING CODE 3510–DS–P
painting, varnishing, trimming, cutting,
orders on Certain Cut-To-Length Carbon- punching, and/or slitting, or any other
Quality Steel Plate Products From the processing that would not otherwise remove
Republic of Korea (A–580–836; C–580–837), the merchandise from the scope of the
and investigation if performed in the country of
(2) where the width and thickness vary for manufacture of the hot-rolled steel.
a specific product (e.g., the thickness of All products that meet the written physical
certain products with non-rectangular cross- description, and in which the chemistry
section, the width of certain products with quantities do not exceed any one of the noted
non-rectangular shape, etc.), the element levels listed above, are within the
measurement at its greatest width or scope of this investigation unless specifically
thickness applies. excluded. The following products are outside percent of phosphorus; (v) not less than 0.18 nor
Steel products included in the scope of this of and/or specifically excluded from the more than 0.37 percent of silicon; (vi) not less than
investigation are products in which: (1) Iron scope of this investigation: 1.25 nor more than 1.65 percent of chromium; (vii)
predominates, by weight, over each of the • Universal mill plates (i.e., hot-rolled, none, or not more than 0.28 percent of nickel; (viii)
other contained elements; (2) the carbon flat-rolled products not in coils that have none, or not more than 0.38 percent of copper; and
content is 2 percent or less, by weight; and been rolled on four faces or in a closed box (ix) none, or not more than 0.09 percent of
(3) none of the elements listed below exceeds pass, of a width exceeding 150 mm but not molybdenum.
the quantity, by weight, respectively exceeding 1250 mm, of a thickness not less 14 Tool steels are defined as steels which contain
indicated: than 4.0 mm, and without patterns in relief); the following combinations of elements in the
• 2.50 percent of manganese, or • Products that have been cold-rolled quantity by weight respectively indicated: (i) More
• 3.30 percent of silicon, or (cold-reduced) after hot-rolling; 12 than 1.2 percent carbon and more than 10.5 percent
• 1.50 percent of copper, or • Ball bearing steels; 13 chromium; or (ii) not less than 0.3 percent carbon
• 1.50 percent of aluminum, or and 1.25 percent or more but less than 10.5 percent
12 For purposes of this scope exclusion, rolling chromium; or (iii) not less than 0.85 percent carbon
10 Notice of Amendment of Final Determinations operations such as a skin pass, levelling, temper and 1 percent to 1.8 percent, inclusive, manganese;
of Sales at Less Than Fair Value and Antidumping rolling or other minor rolling operations after the or (iv) 0.9 percent to 1.2 percent, inclusive,
Duty Orders: Certain Cut-To-Length Carbon-Quality hot-rolling process for purposes of surface finish, chromium and 0.9 percent to 1.4 percent, inclusive,
Steel Plate Products From France, India, Indonesia, flatness, shape control, or gauge control do not
mstockstill on DSK4VPTVN1PROD with NOTICES
molybdenum; or (v) not less than 0.5 percent carbon
Italy, Japan and the Republic of Korea, 65 FR 6585 constitute cold-rolling sufficient to meet this and not less than 3.5 percent molybdenum; or (vi)
(February 10, 2000). exclusion. not less than 0.5 percent carbon and not less than
11 Notice of Amended Final Determinations: 13 Ball bearing steels are defined as steels which
5.5 percent tungsten.
Certain Cut-to-Length Carbon-Quality Steel Plate contain, in addition to iron, each of the following 15 Silico-manganese steel is defined as steels
From India and the Republic of Korea; and Notice elements by weight in the amount specified: (i) Not
of Countervailing Duty Orders: Certain Cut-To- less than 0.95 nor more than 1.13 percent of carbon; containing by weight: (i) Not more than 0.7 percent
Length Carbon-Quality Steel Plate From France, (ii) not less than 0.22 nor more than 0.48 percent of carbon; (ii) 0.5 percent or more but not more than
India, Indonesia, Italy, and the Republic of Korea, of manganese; (iii) none, or not more than 0.03 1.9 percent of manganese, and (iii) 0.6 percent or
65 FR 6587 (February 10, 2000). percent of sulfur; (iv) none, or not more than 0.03 more but not more than 2.3 percent of silicon.
VerDate Sep<11>2014 20:01 Jan 14, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 E:\FR\FM\15JAN1.SGM 15JAN1](https://thefederalregister.org/doc/81_FR_2178/page/3.svg)
Document Created: 2018-02-02 12:31:50
Document Modified: 2018-02-02 12:31:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective date: January 15, 2016. | |
| Contact | Nicholas Czajkowski or Lana Nigro, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1395 or (202) 482-1779, respectively. | |
| FR Citation | 81 FR 2168 |
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