81_FR_32829 81 FR 32729 - Certain Cold-Rolled Steel Flat Products From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Partial Affirmative Critical Circumstances Determination

81 FR 32729 - Certain Cold-Rolled Steel Flat Products From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Partial Affirmative Critical Circumstances Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 100 (May 24, 2016)

Page Range32729-32733
FR Document2016-12183

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers/exporters of certain cold-rolled steel flat products (cold-rolled steel) from the People's Republic of China (the PRC). The Department also determines critical circumstances exist for certain imports of the subject merchandise from the PRC. The mandatory respondents in this investigation are the Government of the PRC (the GOC), Angang Group Hong Kong Co., Ltd. (Angang Hong Kong), and Benxi Iron and Steel (Group) Special Steel Co., Ltd. (Benxi Iron and Steel). The period of investigation is January 1, 2014, through December 31, 2014.

Federal Register, Volume 81 Issue 100 (Tuesday, May 24, 2016)
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Notices]
[Pages 32729-32733]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12183]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-030]


Certain Cold-Rolled Steel Flat Products From the People's 
Republic of China: Final Affirmative Countervailing Duty Determination 
and Final Partial Affirmative Critical Circumstances Determination

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers/exporters of 
certain cold-rolled steel flat products (cold-rolled steel) from the 
People's Republic of China (the PRC). The Department also determines 
critical circumstances exist for certain imports of the subject 
merchandise from the PRC. The mandatory respondents in this 
investigation are the Government of the PRC (the GOC), Angang Group 
Hong Kong Co., Ltd. (Angang Hong Kong), and Benxi Iron and Steel 
(Group) Special Steel Co., Ltd. (Benxi Iron and Steel). The period of 
investigation is January 1, 2014, through December 31, 2014.

DATES: Effective Date: May 24, 2016.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or John Corrigan, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3813 
or (202) 482-7438, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 22, 2015, the Department published its preliminary 
affirmative determination that countervailable subsidies are being 
provided to producers/exporters of certain cold-rolled steel from the 
PRC in the Federal Register.\1\ We invited interested parties to 
comment on our preliminary determination.\2\ We only received comments 
regarding the scope of this investigation. No interested party 
requested a hearing.
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Investigation of Certain Cold-Rolled 
Steel Flat Products From the People's Republic of China: Preliminary 
Affirmative Determination, Preliminary Partial Affirmative Critical 
Circumstances Determination, and Alignment of Final Determination 
With Final Antidumping Duty Determination, 80 FR 79558 (December 22, 
2015) (Preliminary Determination).
    \2\ Id., at 79560.

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[[Page 32730]]

Scope of the Investigation

    The products covered by this investigation are certain cold-rolled 
(cold-reduced), flat-rolled steel products, whether or not annealed, 
painted, varnished, or coated with plastics or other non-metallic 
substances. For a full description of the scope of this investigation, 
see the ``Scope of the Investigation,'' in Appendix II.
    Since the Preliminary Determination, eight interested parties 
(i.e., JFE Steel Corporation, Electrolux Home Products, Inc., 
Electrolux Home Care Products, Inc., ArcelorMittal USA LLC, AK Steel 
Corporation, Nucor Corporation, Steel Dynamics Inc., and United States 
Steel Corporation) commented on the scope of the investigation. The 
Department reviewed these comments and made no changes. For further 
discussion, see the Final Scope Comments Memorandum.\3\ The scope in 
Appendix II reflects the final scope language, which is unmodified from 
the scope as it appeared in the Preliminary Determination.
---------------------------------------------------------------------------

    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Cold-Rolled Steel Flat Products From Brazil, the People's 
Republic of China, India, Japan, the Republic of Korea, the Russian 
Federation, and the United Kingdom: Final Scope Comments Decision 
Memorandum,'' dated concurrently with this final determination 
(Final Scope Comments Memorandum).
---------------------------------------------------------------------------

Verification

    None of the mandatory respondents in the investigation provided 
information requested by the Department. Hence, no verification was 
conducted.

Analysis of Comments Received and Changes Since the Preliminary 
Determination

    As discussed above, we received no comments from interested parties 
pertaining to the Preliminary Determination. Therefore, for this final 
determination, and pursuant to sections 776(a)-(d) of the Tariff Act of 
1930, as amended (``the Act''), we continue to rely on facts available 
for Angang Hong Kong and Benxi Iron and Steel, the two mandatory 
company respondents, and the GOC, which did not respond to either our 
primary questionnaires or new subsidy allegation questionnaires.\4\ We 
also continue to rely on facts available for Qian'an Golden Point 
Trading Co., Ltd. (Qian'an Golden Point), a non-selected exporter that 
did not respond to the Department's request for clarification with 
respect to its shipments of subject merchandise to the United States 
during the POI.\5\ Further, we continue to find that Angang Hong Kong, 
Benxi Iron and Steel, the GOC and Qian'an Golden Point failed to act to 
the best of their ability and, therefore, are drawing an adverse 
inference in selecting from among the facts otherwise available to 
determine whether the benefits provided by programs subject to this 
investigation constitute countervailable subsidies and calculate the ad 
valorem rates for Angang Hong Kong, Benxi Iron and Steel and Qian'an 
Golden Point.\6\
---------------------------------------------------------------------------

    \4\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for the Preliminary Affirmative Determination 
in the Countervailing Duty Investigation of Certain Cold-Rolled 
Steel Flat Products from the People's Republic of China,'' dated 
December 15, 2015 (Preliminary Decision Memorandum) at 9-10; see 
also Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ''Issues and 
Decision Memorandum for the Final Affirmative Determination in the 
Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat 
Products from the People's Republic of China,'' dated concurrently 
with this notice (Issues and Decision Memorandum) at 6-7.
    \5\ Id.
    \6\ See sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act).
---------------------------------------------------------------------------

    For this final determination, we continue to find all programs in 
this proceeding countervailable--that is, they provide a financial 
contribution within the meaning of sections 771(5)(B)(i) and (D) of the 
Act, confer a benefit within the meaning of section 771(5)(B) of the 
Act, and are specific within the meaning of section 771(5A) of the Act. 
We are therefore continuing to include these programs in the 
determination of the AFA rates for Angang Hong Kong, Benxi Iron and 
Steel, and Qian'an Golden Point.\7\ However, in a change from the 
Preliminary Determination, we are updating the AFA rates for two 
programs. The first of those programs is the Provision of Electricity 
for Less than Adequate Remuneration, and the second is Import Tariff 
and Value-Added Tax Exemptions for Foreign Invested Enterprises and 
Certain Domestic Enterprises Using Imported Equipment in Encouraged 
Industries. These changes are discussed in the Issues and Decision 
Memorandum which is incorporated by reference and hereby adopted in 
this final determination.\8\ The Issues and 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 Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic versions of 
the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \7\ See Preliminary Decision Memorandum at 10-15.
    \8\ See Issues and Decision Memorandum at ``Application of AFA: 
Angang Hong Kong, Benxi Iron and Steel, Qian'an Golden Point, and 
the GOC.''
---------------------------------------------------------------------------

Final Partial Affirmative Determination of Critical Circumstances, in 
Part

    On October 30, 2015, Petitioners timely filed a critical 
circumstances allegation, pursuant to section 703(e)(1) of the Act and 
19 CFR 351.206(c)(1), alleging that critical circumstances exist with 
respect to imports of cold-rolled steel from the PRC.\9\ In accordance 
with 19 CFR 351.206(c)(2)(i), we issued an affirmative preliminary 
critical circumstances determination. A discussion of that 
determination can be found in the Preliminary Decision Memorandum at 
the section, ``Preliminary Determination of Critical Circumstances.'' 
\10\
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    \9\ See Letter from Petitioners, ``Certain Cold-Rolled Steel 
Flat Products from the People's Republic of China, Japan, and the 
Russian Federation--Petitioners' Critical Circumstances 
Allegation,'' dated October 30, 2015 (Critical Circumstances 
Allegation).
    \10\ See Preliminary Decision Memorandum at 17.
---------------------------------------------------------------------------

    As stated above, the Department did not receive any comments 
concerning the preliminary determination. Thus, in accordance with 
section 705(a)(2) of the Act, we continue to find, on the basis of 
adverse facts available, that critical circumstances exist with respect 
to Angang Hong Kong, Benxi Iron and Steel and Qian'an Golden Point. We 
continue to determine that critical circumstances do not exist for all 
other producers/exporters of cold-rolled steel from the PRC because we 
do not find massive imports pursuant to 19 CFR 351.206(h)-(i).\11\
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    \11\ Id. and Issues and Decision Memorandum at the section 
``Final Determination of Critical Circumstances, In Part.''
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Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a countervailing duty rate for the individually investigated 
producers/exporters of the subject merchandise, Angang Hong Kong, Benxi 
Iron and Steel, and for non-cooperative exporter Qian'an Golden Point. 
With respect to

[[Page 32731]]

the all-others rate, section 705(c)(5)(A)(ii) of the Act provides that 
if the countervailable subsidy rates established for all exporters and 
producers individually investigated are determined entirely in 
accordance with section 776 of the Act, the Department may use any 
reasonable method to establish an all-others rate for exporters and 
producers not individually investigated. In this case, the rates 
assigned to Angang Hong Kong and Benxi Iron and Steel, are based 
entirely on facts otherwise available, with adverse inferences, under 
section 776 of the Act.

All-Others Rate

    There is no other information on the record with which to determine 
an all-others rate. As a result, in accordance with section 
705(c)(5)(A)(ii) of the Act, we have established the all-others rate by 
applying the countervailable subsidy rates for mandatory respondents 
Angang Hong Kong and Benxi Iron and Steel, which are the same as the 
rate applied to non-selected exporter Qian'an Golden Point. The final 
countervailable subsidy rates are summarized in the table below.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Angang Group Hong Kong Co., Ltd.........................          256.44
Benxi Iron and Steel (Group) Special Steel Co., Ltd.....          256.44
Qian'an Golden Point Trading Co., Ltd...................          256.44
All-Others..............................................          256.44
------------------------------------------------------------------------

Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
section 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to suspend all entries of cold-rolled steel 
from the PRC, as described in the ``Scope of the Investigation'' that 
were entered, or withdrawn from warehouse, for consumption on or after 
the date of the publication of the Preliminary Determination in the 
Federal Register, and to require a cash deposit for such entries of 
merchandise.\12\ In accordance with section 703(d) of the Act, we 
issued instructions to CBP to discontinue the suspension of liquidation 
for CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after April 20, 2016, but to continue the suspension 
of liquidation of all entries from December 22, 2015 through April 19, 
2016.
---------------------------------------------------------------------------

    \12\ See Preliminary Determination, 80 FR 79559.
---------------------------------------------------------------------------

    Moreover, as a result of our preliminary critical circumstances 
determination for Angang Hong Kong, Benxi Iron and Steel, and Qian'an 
Golden Point, pursuant to section 703(e)(2) of the Act, we instructed 
CBP to suspend liquidation of all entries of subject merchandise from 
the PRC which were entered or withdrawn from warehouse, for consumption 
by these companies on or after September 23, 2015, the date 90 days 
prior to the date of the publication of the Preliminary Determination 
in the Federal Register.\13\ In accordance with section 703(d) of the 
Act, we later issued instructions to CBP to discontinue the suspension 
of liquidation for CVD purposes for subject merchandise entered, or 
withdrawn from warehouse by Angang Hong Kong, Benxi Iron and Steel, or 
Qian'an Golden Point, on or after April 20, 2016, but to continue the 
suspension of liquidation of all entries from September 23, 2015 
through April 29, 2016.
---------------------------------------------------------------------------

    \13\ Id.
---------------------------------------------------------------------------

    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
merchandise in the amounts indicated above. If the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated and all estimated duties deposited or 
securities posted as a result of the suspension of liquidation will be 
refunded or canceled.

Disclosure

    We described the calculations used to determine countervailing duty 
rates based on adverse facts available in the Issues and Decision 
Memorandum.\14\ Thus, no additional disclosure of calculations is 
necessary for this final determination.
---------------------------------------------------------------------------

    \14\ See Issues and Decision Memorandum at ``Application of AFA: 
Angang Hong Kong, Benxi Iron and Steel, Qian'an Golden Point, and 
the GOC.''
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our final affirmative determination of the provision of 
countervailable subsidies and final affirmative determination of 
critical circumstances, in part. Because the final determination in 
this proceeding is affirmative, in accordance with section 705(b)(2) of 
the Act, the ITC will determine, within 45 days, whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports of cold-rolled steel from the 
PRC, or sales (or the likelihood of sales) for importation, of cold-
rolled steel from the PRC. If the ITC determines that such injury does 
not exist, this proceeding will be terminated and all securities posted 
will be refunded or canceled. If the ITC determines that such injury 
does exist, the Department will issue a countervailing duty order 
directing CBP to assess, upon further instruction by the Department, 
countervailing duties on appropriate imports of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
effective date of the suspension of liquidation.
    In addition, we are making available to the ITC all non-privileged 
and non-proprietary information related to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms it will not 
disclose such information, either publicly or under an administrative 
protective order (APO), without the written consent of the Assistant 
Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    This notice will serve as a reminder to the parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APOs in accordance with 19 CFR 351.305. Timely written notification of 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: May 16, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Calculation of the All-Others Rate
VI. Final Determination of Critical Circumstances, In Part
VII. Recommendation

[[Page 32732]]

Appendix II

Scope of the Investigation

    The products covered by this investigation are certain cold-rolled 
(cold-reduced), flat-rolled steel products, 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 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 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 covered also include 
products not in coils (e.g., in straight lengths) of a thickness of 
4.75 mm or more and a width exceeding 150 mm and measuring at least 
twice 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 achieved 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, and
    (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 (also called wolfram), or
     0.80 percent of molybdenum, or
     0.10 percent of niobium (also called columbium), 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, 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. Motor lamination 
steels contain 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 cold-rolled steel that has been 
further processed in a third country, including but not limited to 
annealing, tempering, 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 cold-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:
     Ball bearing steels; \15\
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    \15\ Ball bearing steels are defined as steels which contain, in 
addition to iron, each of the following elements by weight in the 
amount specified: (i) Not less than 0.95 nor more than 1.13 percent 
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of 
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) 
none, or not more than 0.03 percent of phosphorus; (v) not less than 
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 
nor more than 1.65 percent of chromium; (vii) none, or not more than 
0.28 percent of nickel; (viii) none, or not more than 0.38 percent 
of copper; and (ix) none, or not more than 0.09 percent of 
molybdenum.
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     Tool steels; \16\
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    \16\ Tool steels are defined as steels which contain the 
following combinations of elements in the quantity by weight 
respectively indicated: (i) More than 1.2 percent carbon and more 
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon 
and 1.25 percent or more but less than 10.5 percent chromium; or 
(iii) not less than 0.85 percent carbon and 1 percent to 1.8 
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, 
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, 
molybdenum; or (v) not less than 0.5 percent carbon and not less 
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent 
carbon and not less than 5.5 percent tungsten.
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     Silico-manganese steel;\17\
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    \17\ Silico-manganese steel is defined as steels containing by 
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or 
more but not more than 1.9 percent of manganese, and (iii) 0.6 
percent or more but not more than 2.3 percent of silicon.
---------------------------------------------------------------------------

     Grain-oriented electrical steels (GOES) as defined in the 
final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel From Germany, Japan, and Poland.\18\
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    \18\ Grain-Oriented Electrical Steel From Germany, Japan, and 
Poland: Final Determinations of Sales at Less Than Fair Value and 
Certain Final Affirmative Determination of Critical Circumstances, 
79 FR 42,501, 42,503 (Dep't of Commerce, July 22, 2014). This 
determination defines grain-oriented electrical steel as ``a flat-
rolled alloy steel product containing by weight at least 0.6 percent 
but not more than 6 percent of silicon, not more than 0.08 percent 
of carbon, not more than 1.0 percent of aluminum, and no other 
element in an amount that would give the steel the characteristics 
of another alloy steel, in coils or in straight lengths.''
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     Non-Oriented Electrical Steels (NOES), as defined in the 
antidumping orders issued by the U.S. Department of Commerce in Non-
Oriented Electrical Steel From the People's Republic of China, Germany, 
Japan, the Republic of Korea, Sweden, and Taiwan.\19\
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    \19\ Non-Oriented Electrical Steel From the People's Republic of 
China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan: 
Antidumping Duty Orders, 79 FR 71,741, 71,741-42 (Dep't of Commerce, 
Dec. 3, 2014). The orders define NOES as ``cold-rolled, flat-rolled, 
alloy steel products, whether or not in coils, regardless of width, 
having an actual thickness of 0.20 mm or more, in which the core 
loss is substantially equal in any direction of magnetization in the 
plane of the material. The term `substantially equal' means that the 
cross grain direction of core loss is no more than 1.5 times the 
straight grain direction (i.e., the rolling direction) of core loss. 
NOES has a magnetic permeability that does not exceed 1.65 Tesla 
when tested at a field of 800 A/m (equivalent to 10 Oersteds) along 
(i.e., parallel to) the rolling direction of the sheet (i.e., B800 
value). NOES contains by weight more than 1.00 percent of silicon 
but less than 3.5 percent of silicon, not more than 0.08 percent of 
carbon, and not more than 1.5 percent of aluminum. NOES has a 
surface oxide coating, to which an insulation coating may be 
applied.''
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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: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070, 
7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070,

[[Page 32733]]

7209.17.0091, 7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 
7209.18.2580, 7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 
7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 
7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 
7211.23.6090, 7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 
7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 
7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 
7226.92.8050. The products subject to the investigation may also enter 
under the following HTSUS numbers: 7210.90.9000, 7212.50.0000, 
7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, 
7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000, 
7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 
7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 
7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070, 
7228.60.8000, and 7229.90.1000.
    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
investigation is dispositive.

[FR Doc. 2016-12183 Filed 5-23-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices                                                    32729

                                                nuclear goods and services in                           subsection (c) of the Government in the               DEPARTMENT OF COMMERCE
                                                accordance with applicable U.S. laws                    Sunshine Act (5 U.S.C. 552b(c)).
                                                and regulations, for use by the                            The closed portions of the meetings                International Trade Administration
                                                Department of Commerce in its role as                   will involve committee discussions of
                                                a member of the Civil Nuclear Trade                     proposed U.S. Government strategies                   [C–570–030]
                                                Working Group of the Trade Promotion                    and policies regarding: (1) Nuclear
                                                Coordinating Committee and the                          cooperation agreements; (2)                           Certain Cold-Rolled Steel Flat Products
                                                Department’s active participation in the                implementation of the Convention on                   From the People’s Republic of China:
                                                Atoms for Prosperity interagency group                  Supplementary Compensation for                        Final Affirmative Countervailing Duty
                                                to promote U.S. civil nuclear trade.                    Nuclear Damage; (3) proposed bilateral                Determination and Final Partial
                                                   In connection with that function, the                commercial nuclear working groups;                    Affirmative Critical Circumstances
                                                committee provides advice on: (1)                       and (4) identification of specific trade              Determination
                                                Matters concerning trade policy                         barriers impacting the U.S. civil nuclear
                                                                                                                                                              AGENCY:  Enforcement and Compliance,
                                                development and negotiations relating                   industry.
                                                                                                                                                              International Trade Administration,
                                                to U.S. civil nuclear exports; (2) the                     Subsection (c)(9)(B) of the                        Department of Commerce.
                                                effect of U.S. Government policies,                     Government in the Sunshine Act
                                                regulations, and programs, and the                                                                            SUMMARY: The Department of Commerce
                                                                                                        permits closure of a meeting or portion
                                                policies and practices of foreign                       of a meeting if the meeting is likely to              (the Department) determines that
                                                governments on the export of U.S. civil                 disclose information the premature                    countervailable subsidies are being
                                                nuclear goods and services; (3) the                     disclosure of which would be likely to                provided to producers/exporters of
                                                competitiveness of U.S. industry and its                significantly frustrate implementation of             certain cold-rolled steel flat products
                                                ability to compete for civil nuclear                    a proposed agency action. 5 U.S.C.                    (cold-rolled steel) from the People’s
                                                products and services opportunities in                  552b(c)(9)(B). Premature disclosure of                Republic of China (the PRC). The
                                                international markets, including specific               matters one through three listed in the               Department also determines critical
                                                problems in exporting, and U.S.                         preceding paragraph would be likely to                circumstances exist for certain imports
                                                Government and public/private actions                   significantly impair the implementation               of the subject merchandise from the
                                                to assist civil nuclear companies in                    of proposed agency policies and actions.              PRC. The mandatory respondents in this
                                                expanding their exports; (4) the                                                                              investigation are the Government of the
                                                                                                           Subsection (c)(4) of the Government
                                                identification of priority civil nuclear                                                                      PRC (the GOC), Angang Group Hong
                                                                                                        in the Sunshine Act permits closure of
                                                markets with the potential for high                                                                           Kong Co., Ltd. (Angang Hong Kong), and
                                                                                                        a meeting or portion of a meeting if
                                                immediate returns for U.S. exports, as                                                                        Benxi Iron and Steel (Group) Special
                                                                                                        trade secrets and commercial or
                                                well as emerging markets with a longer-                                                                       Steel Co., Ltd. (Benxi Iron and Steel).
                                                                                                        financial information obtained from a
                                                term potential for U.S. exports; (5)                                                                          The period of investigation is January 1,
                                                                                                        person and privileged or confidential
                                                strategies to increase private sector                                                                         2014, through December 31, 2014.
                                                                                                        will be disclosed at the meeting. 5
                                                awareness and effective use of U.S.                     U.S.C. 552b(c)(4). As noted above in                  DATES: Effective Date: May 24, 2016.
                                                Government export promotion                             matter four, the committee will discuss               FOR FURTHER INFORMATION CONTACT:
                                                programs, and how U.S. Government                       foreign trade barriers facing the U.S.                Yasmin Bordas or John Corrigan, AD/
                                                programs may be more efficiently                        civil nuclear industry, with the aim of               CVD Operations, Office VI, Enforcement
                                                designed and coordinated; (6) the                       developing proposals for how the U.S.                 and Compliance, International Trade
                                                development of complementary                            Government can develop strategies to                  Administration, U.S. Department of
                                                industry and trade association export                   strengthen the industry’s                             Commerce, 14th Street and Constitution
                                                promotion programs, including ways for                  competitiveness as it competes abroad.                Avenue NW., Washington, DC 20230;
                                                greater and more effective coordination                 This portion of the meeting will include              telephone (202) 482–3813 or (202) 482–
                                                of U.S. Government efforts with private                 the disclosure of committee members’                  7438, respectively.
                                                sector organizations’ civil nuclear                     trade secrets and privileged or                       SUPPLEMENTARY INFORMATION:
                                                export promotion efforts; and (7) the                   confidential commercial or financial
                                                development of U.S. Government                          information as the members discuss the                Background
                                                programs to encourage producers of                      specific trade barriers their companies                  On December 22, 2015, the
                                                civil nuclear products and services to                  and subsectors have encountered.                      Department published its preliminary
                                                enter new foreign markets, in                              Accordingly, the Chief Financial                   affirmative determination that
                                                connection with which the committee                     Officer and Assistant Secretary for                   countervailable subsidies are being
                                                may advise on how to gather,                            Administration at the U.S. Department                 provided to producers/exporters of
                                                disseminate, and promote awareness of                   of Commerce has determined, pursuant                  certain cold-rolled steel from the PRC in
                                                information on civil nuclear exports and                to Section 10(d) of the FACA (5 U.S.C.                the Federal Register.1 We invited
                                                related trade issues.                                   App. 2 section 10(d)), that the portions              interested parties to comment on our
                                                   Committee members represent U.S.                     of the June 9 and August 4, 2016                      preliminary determination.2 We only
                                                industry and related U.S. civil nuclear                 meetings described above shall be                     received comments regarding the scope
                                                trade organizations.                                    exempt from the provisions relating to                of this investigation. No interested party
                                                   Committee activities are conducted                   public meetings found in 5 U.S.C. App.                requested a hearing.
                                                consistent with the provisions of the                   2 sections 10(a)(1) and 10(a)(3). This
                                                FACA and its implementing regulations,
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                                                                                                        determination shall be effective from the               1 See Countervailing Duty Investigation of Certain
                                                41 CFR subpart 102–3. FACA section                      date of its signing on May 13, 2016.                  Cold-Rolled Steel Flat Products From the People’s
                                                10(d) provides that an advisory                                                                               Republic of China: Preliminary Affirmative
                                                committee meeting, or portions thereof,                 Man Cho,                                              Determination, Preliminary Partial Affirmative
                                                may be closed if the head of the agency                 Director, Acting, Office of Energy and                Critical Circumstances Determination, and
                                                                                                        Environmental Industries.                             Alignment of Final Determination With Final
                                                to which the advisory committee reports                                                                       Antidumping Duty Determination, 80 FR 79558
                                                determines such meeting may be closed                   [FR Doc. 2016–12268 Filed 5–23–16; 8:45 am]           (December 22, 2015) (Preliminary Determination).
                                                to the public in accordance with                        BILLING CODE 3510–DR–P                                  2 Id., at 79560.




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                                                32730                          Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices

                                                Scope of the Investigation                              We also continue to rely on facts                       electronically via Enforcement and
                                                   The products covered by this                         available for Qian’an Golden Point                      Compliance’s Antidumping and
                                                investigation are certain cold-rolled                   Trading Co., Ltd. (Qian’an Golden                       Countervailing Duty Centralized
                                                (cold-reduced), flat-rolled steel                       Point), a non-selected exporter that did                Electronic Service System (ACCESS).
                                                products, whether or not annealed,                      not respond to the Department’s request                 ACCESS is available to registered users
                                                painted, varnished, or coated with                      for clarification with respect to its                   at http://access.trade.gov, and is
                                                plastics or other non-metallic                          shipments of subject merchandise to the                 available to all parties in the Central
                                                substances. For a full description of the               United States during the POI.5 Further,                 Records Unit, Room B8024 of the main
                                                scope of this investigation, see the                    we continue to find that Angang Hong                    Department of Commerce building. In
                                                ‘‘Scope of the Investigation,’’ in                      Kong, Benxi Iron and Steel, the GOC                     addition, a complete version of the
                                                Appendix II.                                            and Qian’an Golden Point failed to act                  Issues and Decision Memorandum can
                                                   Since the Preliminary Determination,                 to the best of their ability and, therefore,            be accessed directly at http://
                                                eight interested parties (i.e., JFE Steel               are drawing an adverse inference in                     enforcement.trade.gov/frn/. The signed
                                                Corporation, Electrolux Home Products,                  selecting from among the facts                          Issues and Decision Memorandum and
                                                Inc., Electrolux Home Care Products,                    otherwise available to determine                        the electronic versions of the Issues and
                                                Inc., ArcelorMittal USA LLC, AK Steel                   whether the benefits provided by                        Decision Memorandum are identical in
                                                                                                        programs subject to this investigation                  content.
                                                Corporation, Nucor Corporation, Steel
                                                                                                        constitute countervailable subsidies and
                                                Dynamics Inc., and United States Steel                                                                          Final Partial Affirmative Determination
                                                                                                        calculate the ad valorem rates for
                                                Corporation) commented on the scope                                                                             of Critical Circumstances, in Part
                                                                                                        Angang Hong Kong, Benxi Iron and
                                                of the investigation. The Department                                                                               On October 30, 2015, Petitioners
                                                                                                        Steel and Qian’an Golden Point.6
                                                reviewed these comments and made no                        For this final determination, we                     timely filed a critical circumstances
                                                changes. For further discussion, see the                continue to find all programs in this                   allegation, pursuant to section 703(e)(1)
                                                Final Scope Comments Memorandum.3                       proceeding countervailable—that is,                     of the Act and 19 CFR 351.206(c)(1),
                                                The scope in Appendix II reflects the                   they provide a financial contribution                   alleging that critical circumstances exist
                                                final scope language, which is                          within the meaning of sections                          with respect to imports of cold-rolled
                                                unmodified from the scope as it                         771(5)(B)(i) and (D) of the Act, confer a               steel from the PRC.9 In accordance with
                                                appeared in the Preliminary                             benefit within the meaning of section                   19 CFR 351.206(c)(2)(i), we issued an
                                                Determination.                                          771(5)(B) of the Act, and are specific                  affirmative preliminary critical
                                                Verification                                            within the meaning of section 771(5A)                   circumstances determination. A
                                                                                                        of the Act. We are therefore continuing                 discussion of that determination can be
                                                  None of the mandatory respondents in                                                                          found in the Preliminary Decision
                                                                                                        to include these programs in the
                                                the investigation provided information                                                                          Memorandum at the section,
                                                                                                        determination of the AFA rates for
                                                requested by the Department. Hence, no                                                                          ‘‘Preliminary Determination of Critical
                                                                                                        Angang Hong Kong, Benxi Iron and
                                                verification was conducted.                             Steel, and Qian’an Golden Point.7                       Circumstances.’’ 10
                                                Analysis of Comments Received and                       However, in a change from the                              As stated above, the Department did
                                                Changes Since the Preliminary                           Preliminary Determination, we are                       not receive any comments concerning
                                                Determination                                           updating the AFA rates for two                          the preliminary determination. Thus, in
                                                                                                        programs. The first of those programs is                accordance with section 705(a)(2) of the
                                                   As discussed above, we received no                                                                           Act, we continue to find, on the basis of
                                                                                                        the Provision of Electricity for Less than
                                                comments from interested parties                                                                                adverse facts available, that critical
                                                                                                        Adequate Remuneration, and the second
                                                pertaining to the Preliminary                                                                                   circumstances exist with respect to
                                                                                                        is Import Tariff and Value-Added Tax
                                                Determination. Therefore, for this final                                                                        Angang Hong Kong, Benxi Iron and
                                                                                                        Exemptions for Foreign Invested
                                                determination, and pursuant to sections                                                                         Steel and Qian’an Golden Point. We
                                                                                                        Enterprises and Certain Domestic
                                                776(a)–(d) of the Tariff Act of 1930, as                                                                        continue to determine that critical
                                                                                                        Enterprises Using Imported Equipment
                                                amended (‘‘the Act’’), we continue to                                                                           circumstances do not exist for all other
                                                                                                        in Encouraged Industries. These
                                                rely on facts available for Angang Hong                                                                         producers/exporters of cold-rolled steel
                                                                                                        changes are discussed in the Issues and
                                                Kong and Benxi Iron and Steel, the two                                                                          from the PRC because we do not find
                                                                                                        Decision Memorandum which is
                                                mandatory company respondents, and                                                                              massive imports pursuant to 19 CFR
                                                                                                        incorporated by reference and hereby
                                                the GOC, which did not respond to                                                                               351.206(h)–(i).11
                                                                                                        adopted in this final determination.8
                                                either our primary questionnaires or
                                                                                                        The Issues and Decision Memorandum                      Final Determination
                                                new subsidy allegation questionnaires.4
                                                                                                        is a public document and is on file
                                                                                                                                                                  In accordance with section
                                                  3 See Memorandum to Christian Marsh, Deputy
                                                                                                        also Memorandum from Christian Marsh, Deputy            705(c)(1)(B)(i) of the Act, we calculated
                                                Assistant Secretary for Antidumping and
                                                Countervailing Duty Operations, ‘‘Certain Cold-         Assistant Secretary for Antidumping and                 a countervailing duty rate for the
                                                Rolled Steel Flat Products From Brazil, the People’s    Countervailing Duty Operations, to Paul Piquado,        individually investigated producers/
                                                Republic of China, India, Japan, the Republic of        Assistant Secretary for Enforcement and                 exporters of the subject merchandise,
                                                                                                        Compliance, ’’Issues and Decision Memorandum for
                                                Korea, the Russian Federation, and the United
                                                                                                        the Final Affirmative Determination in the
                                                                                                                                                                Angang Hong Kong, Benxi Iron and
                                                Kingdom: Final Scope Comments Decision                                                                          Steel, and for non-cooperative exporter
                                                Memorandum,’’ dated concurrently with this final        Countervailing Duty Investigation of Certain Cold-
                                                determination (Final Scope Comments                     Rolled Steel Flat Products from the People’s            Qian’an Golden Point. With respect to
                                                Memorandum).                                            Republic of China,’’ dated concurrently with this
                                                  4 See Memorandum from Christian Marsh, Deputy         notice (Issues and Decision Memorandum) at 6–7.           9 See Letter from Petitioners, ‘‘Certain Cold-
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                                                                                                           5 Id.
                                                Assistant Secretary for Antidumping and                                                                         Rolled Steel Flat Products from the People’s
                                                                                                           6 See sections 776(a) and (b) of the Tariff Act of
                                                Countervailing Duty Operations, to Paul Piquado,                                                                Republic of China, Japan, and the Russian
                                                Assistant Secretary for Enforcement and                 1930, as amended (the Act).                             Federation—Petitioners’ Critical Circumstances
                                                Compliance, ‘‘Decision Memorandum for the                  7 See Preliminary Decision Memorandum at 10–         Allegation,’’ dated October 30, 2015 (Critical
                                                Preliminary Affirmative Determination in the            15.                                                     Circumstances Allegation).
                                                                                                                                                                  10 See Preliminary Decision Memorandum at 17.
                                                Countervailing Duty Investigation of Certain Cold-         8 See Issues and Decision Memorandum at

                                                Rolled Steel Flat Products from the People’s            ‘‘Application of AFA: Angang Hong Kong, Benxi             11 Id. and Issues and Decision Memorandum at

                                                Republic of China,’’ dated December 15, 2015            Iron and Steel, Qian’an Golden Point, and the           the section ‘‘Final Determination of Critical
                                                (Preliminary Decision Memorandum) at 9–10; see          GOC.’’                                                  Circumstances, In Part.’’



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                                                                                      Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices                                              32731

                                                the all-others rate, section                                  determination for Angang Hong Kong,                   from the PRC, or sales (or the likelihood
                                                705(c)(5)(A)(ii) of the Act provides that                     Benxi Iron and Steel, and Qian’an                     of sales) for importation, of cold-rolled
                                                if the countervailable subsidy rates                          Golden Point, pursuant to section                     steel from the PRC. If the ITC
                                                established for all exporters and                             703(e)(2) of the Act, we instructed CBP               determines that such injury does not
                                                producers individually investigated are                       to suspend liquidation of all entries of              exist, this proceeding will be terminated
                                                determined entirely in accordance with                        subject merchandise from the PRC                      and all securities posted will be
                                                section 776 of the Act, the Department                        which were entered or withdrawn from                  refunded or canceled. If the ITC
                                                may use any reasonable method to                              warehouse, for consumption by these                   determines that such injury does exist,
                                                establish an all-others rate for exporters                    companies on or after September 23,                   the Department will issue a
                                                and producers not individually                                2015, the date 90 days prior to the date              countervailing duty order directing CBP
                                                investigated. In this case, the rates                         of the publication of the Preliminary                 to assess, upon further instruction by
                                                assigned to Angang Hong Kong and                              Determination in the Federal Register.13              the Department, countervailing duties
                                                Benxi Iron and Steel, are based entirely                      In accordance with section 703(d) of the              on appropriate imports of the subject
                                                on facts otherwise available, with                            Act, we later issued instructions to CBP              merchandise entered, or withdrawn
                                                adverse inferences, under section 776 of                      to discontinue the suspension of                      from warehouse, for consumption on or
                                                the Act.                                                      liquidation for CVD purposes for subject              after the effective date of the suspension
                                                                                                              merchandise entered, or withdrawn                     of liquidation.
                                                All-Others Rate
                                                                                                              from warehouse by Angang Hong Kong,
                                                  There is no other information on the                        Benxi Iron and Steel, or Qian’an Golden                  In addition, we are making available
                                                record with which to determine an all-                        Point, on or after April 20, 2016, but to             to the ITC all non-privileged and non-
                                                others rate. As a result, in accordance                       continue the suspension of liquidation                proprietary information related to this
                                                with section 705(c)(5)(A)(ii) of the Act,                     of all entries from September 23, 2015                investigation. We will allow the ITC
                                                we have established the all-others rate                       through April 29, 2016.                               access to all privileged and business
                                                by applying the countervailable subsidy                          If the U.S. International Trade                    proprietary information in our files,
                                                rates for mandatory respondents Angang                        Commission (ITC) issues a final                       provided the ITC confirms it will not
                                                Hong Kong and Benxi Iron and Steel,                           affirmative injury determination, we                  disclose such information, either
                                                which are the same as the rate applied                        will issue a CVD order and reinstate the              publicly or under an administrative
                                                to non-selected exporter Qian’an Golden                       suspension of liquidation under section               protective order (APO), without the
                                                Point. The final countervailable subsidy                      706(a) of the Act and will require a cash             written consent of the Assistant
                                                rates are summarized in the table below.                      deposit of estimated CVDs for such                    Secretary for Enforcement and
                                                                                                              entries of merchandise in the amounts                 Compliance.
                                                                                            Subsidy rate      indicated above. If the ITC determines
                                                             Company                         (percent)
                                                                                                              that material injury, or threat of material           Notification Regarding Administrative
                                                                                                              injury, does not exist, this proceeding               Protective Orders
                                                Angang Group Hong Kong
                                                   Co., Ltd .............................          256.44     will be terminated and all estimated                    This notice will serve as a reminder
                                                Benxi Iron and Steel (Group)                                  duties deposited or securities posted as              to the parties subject to administrative
                                                   Special Steel Co., Ltd .......                  256.44     a result of the suspension of liquidation             protective order (‘‘APO’’) of their
                                                Qian’an Golden Point Trad-                                    will be refunded or canceled.
                                                   ing Co., Ltd .......................            256.44                                                           responsibility concerning the
                                                All-Others ..............................          256.44     Disclosure                                            disposition of proprietary information
                                                                                                                 We described the calculations used to              disclosed under APOs in accordance
                                                Suspension of Liquidation                                     determine countervailing duty rates                   with 19 CFR 351.305. Timely written
                                                                                                              based on adverse facts available in the               notification of return or destruction of
                                                   As a result of our Preliminary
                                                                                                              Issues and Decision Memorandum.14                     APO materials or conversion to judicial
                                                Determination, and pursuant to section
                                                                                                              Thus, no additional disclosure of                     protective order is hereby requested.
                                                703(d)(1)(B) and (d)(2) of the Act, we
                                                                                                              calculations is necessary for this final              Failure to comply with the regulations
                                                instructed U.S. Customs and Border
                                                                                                              determination.                                        and terms of an APO is a sanctionable
                                                Protection (CBP) to suspend all entries
                                                                                                                                                                    violation.
                                                of cold-rolled steel from the PRC, as                         International Trade Commission
                                                described in the ‘‘Scope of the                               Notification                                            This determination is issued and
                                                Investigation’’ that were entered, or                                                                               published pursuant to sections 705(d)
                                                                                                                 In accordance with section 705(d) of               and 777(i) of the Act.
                                                withdrawn from warehouse, for
                                                                                                              the Act, we will notify the ITC of our
                                                consumption on or after the date of the                                                                               Dated: May 16, 2016.
                                                                                                              final affirmative determination of the
                                                publication of the Preliminary
                                                                                                              provision of countervailable subsidies                Paul Piquado,
                                                Determination in the Federal Register,
                                                                                                              and final affirmative determination of                Assistant Secretary for Enforcement and
                                                and to require a cash deposit for such
                                                                                                              critical circumstances, in part. Because              Compliance.
                                                entries of merchandise.12 In accordance
                                                                                                              the final determination in this
                                                with section 703(d) of the Act, we                                                                                  Appendix I
                                                                                                              proceeding is affirmative, in accordance
                                                issued instructions to CBP to
                                                                                                              with section 705(b)(2) of the Act, the                List of Topics Discussed in the Issues and
                                                discontinue the suspension of
                                                                                                              ITC will determine, within 45 days,                   Decision Memorandum
                                                liquidation for CVD purposes for subject
                                                                                                              whether the domestic industry in the                  I. Summary
                                                merchandise entered, or withdrawn
                                                                                                              United States is materially injured, or
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                                                from warehouse, on or after April 20,                                                                               II. Background
                                                                                                              threatened with material injury, by                   III. Scope of the Investigation
                                                2016, but to continue the suspension of
                                                                                                              reason of imports of cold-rolled steel                IV. Use of Facts Otherwise Available and
                                                liquidation of all entries from December
                                                22, 2015 through April 19, 2016.                                                                                          Adverse Inferences
                                                                                                                13 Id.
                                                   Moreover, as a result of our                                  14 See Issues and Decision Memorandum at
                                                                                                                                                                    V. Calculation of the All-Others Rate
                                                preliminary critical circumstances                            ‘‘Application of AFA: Angang Hong Kong, Benxi
                                                                                                                                                                    VI. Final Determination of Critical
                                                                                                              Iron and Steel, Qian’an Golden Point, and the               Circumstances, In Part
                                                  12 See   Preliminary Determination, 80 FR 79559.            GOC.’’                                                VII. Recommendation



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                                                32732                          Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices

                                                Appendix II                                                • 2.00 percent of nickel, or                           • Tool steels; 16
                                                                                                           • 0.30 percent of tungsten (also called                • Silico-manganese steel;17
                                                Scope of the Investigation                              wolfram), or                                              • Grain-oriented electrical steels
                                                   The products covered by this                            • 0.80 percent of molybdenum, or                     (GOES) as defined in the final
                                                investigation are certain cold-rolled                      • 0.10 percent of niobium (also called               determination of the U.S. Department of
                                                (cold-reduced), flat-rolled steel                       columbium), or                                          Commerce in Grain-Oriented Electrical
                                                products, whether or not annealed,                         • 0.30 percent of vanadium, or                       Steel From Germany, Japan, and
                                                painted, varnished, or coated with                         • 0.30 percent of zirconium                          Poland.18
                                                plastics or other non-metallic                             Unless specifically excluded,                          • Non-Oriented Electrical Steels
                                                substances. The products covered do                     products are included in this scope                     (NOES), as defined in the antidumping
                                                not include those that are clad, plated,                regardless of levels of boron and                       orders issued by the U.S. Department of
                                                or coated with metal. The products                      titanium.                                               Commerce in Non-Oriented Electrical
                                                                                                           For example, specifically included in                Steel From the People’s Republic of
                                                covered include coils that have a width
                                                                                                        this scope are vacuum degassed, fully                   China, Germany, Japan, the Republic of
                                                or other lateral measurement (‘‘width’’)
                                                                                                        stabilized (commonly referred to as                     Korea, Sweden, and Taiwan.19
                                                of 12.7 mm or greater, regardless of form
                                                                                                        interstitial-free (IF)) steels, high strength             The products subject to this
                                                of coil (e.g., in successively
                                                                                                        low alloy (HSLA) steels, motor                          investigation are currently classified in
                                                superimposed layers, spirally
                                                                                                        lamination steels, Advanced High                        the Harmonized Tariff Schedule of the
                                                oscillating, etc.). The products covered
                                                                                                        Strength Steels (AHSS), and Ultra High                  United States (HTSUS) under item
                                                also include products not in coils (e.g.,
                                                                                                        Strength Steels (UHSS). IF steels are                   numbers: 7209.15.0000, 7209.16.0030,
                                                in straight lengths) of a thickness less
                                                                                                        recognized as low carbon steels with                    7209.16.0060, 7209.16.0070,
                                                than 4.75 mm and a width that is 12.7
                                                                                                        micro-alloying levels of elements such
                                                mm or greater and that measures at least                                                                        7209.16.0091, 7209.17.0030,
                                                                                                        as titanium and/or niobium added to
                                                10 times the thickness. The products                                                                            7209.17.0060, 7209.17.0070,
                                                                                                        stabilize carbon and nitrogen elements.
                                                covered also include products not in                    HSLA steels are recognized as steels
                                                coils (e.g., in straight lengths) of a                  with micro-alloying levels of elements
                                                                                                                                                                   16 Tool steels are defined as steels which contain

                                                thickness of 4.75 mm or more and a                                                                              the following combinations of elements in the
                                                                                                        such as chromium, copper, niobium,                      quantity by weight respectively indicated: (i) More
                                                width exceeding 150 mm and measuring                    titanium, vanadium, and molybdenum.                     than 1.2 percent carbon and more than 10.5 percent
                                                at least twice the thickness. The                       Motor lamination steels contain micro-                  chromium; or (ii) not less than 0.3 percent carbon
                                                products described above may be                         alloying levels of elements such as
                                                                                                                                                                and 1.25 percent or more but less than 10.5 percent
                                                rectangular, square, circular, or other                                                                         chromium; or (iii) not less than 0.85 percent carbon
                                                                                                        silicon and aluminum. AHSS and UHSS                     and 1 percent to 1.8 percent, inclusive, manganese;
                                                shape and include products of either                    are considered high tensile strength and                or (iv) 0.9 percent to 1.2 percent, inclusive,
                                                rectangular or non-rectangular cross-                   high elongation steels, although AHSS                   chromium and 0.9 percent to 1.4 percent, inclusive,
                                                section where such cross-section is                     and UHSS are covered whether or not
                                                                                                                                                                molybdenum; or (v) not less than 0.5 percent carbon
                                                achieved subsequent to the rolling                                                                              and not less than 3.5 percent molybdenum; or (vi)
                                                                                                        they are high tensile strength or high                  not less than 0.5 percent carbon and not less than
                                                process, i.e., products which have been                 elongation steels.                                      5.5 percent tungsten.
                                                ‘‘worked after rolling’’ (e.g., products                   Subject merchandise includes cold-                      17 Silico-manganese steel is defined as steels

                                                which have been beveled or rounded at                   rolled steel that has been further                      containing by weight: (i) Not more than 0.7 percent
                                                the edges). For purposes of the width                                                                           of carbon; (ii) 0.5 percent or more but not more than
                                                                                                        processed in a third country, including                 1.9 percent of manganese, and (iii) 0.6 percent or
                                                and thickness requirements referenced                   but not limited to annealing, tempering,                more but not more than 2.3 percent of silicon.
                                                above:                                                  painting, varnishing, trimming, cutting,                   18 Grain-Oriented Electrical Steel From Germany,
                                                   (1) Where the nominal and actual                     punching, and/or slitting, or any other                 Japan, and Poland: Final Determinations of Sales at
                                                measurements vary, a product is within                  processing that would not otherwise                     Less Than Fair Value and Certain Final Affirmative
                                                the scope if application of either the                                                                          Determination of Critical Circumstances, 79 FR
                                                                                                        remove the merchandise from the scope                   42,501, 42,503 (Dep’t of Commerce, July 22, 2014).
                                                nominal or actual measurement would                     of the investigation if performed in the                This determination defines grain-oriented electrical
                                                place it within the scope based on the                  country of manufacture of the cold-                     steel as ‘‘a flat-rolled alloy steel product containing
                                                definitions set forth above, and                        rolled steel.                                           by weight at least 0.6 percent but not more than 6
                                                   (2) Where the width and thickness                                                                            percent of silicon, not more than 0.08 percent of
                                                                                                           All products that meet the written                   carbon, not more than 1.0 percent of aluminum, and
                                                vary for a specific product (e.g., the                  physical description, and in which the                  no other element in an amount that would give the
                                                thickness of certain products with non-                 chemistry quantities do not exceed any                  steel the characteristics of another alloy steel, in
                                                rectangular cross-section, the width of                 one of the noted element levels listed                  coils or in straight lengths.’’
                                                certain products with non-rectangular                   above, are within the scope of this
                                                                                                                                                                   19 Non-Oriented Electrical Steel From the People’s

                                                shape, etc.), the measurement at its                                                                            Republic of China, Germany, Japan, the Republic of
                                                                                                        investigation unless specifically                       Korea, Sweden, and Taiwan: Antidumping Duty
                                                greatest width or thickness applies.                    excluded. The following products are                    Orders, 79 FR 71,741, 71,741–42 (Dep’t of
                                                   Steel products included in the scope                 outside of and/or specifically excluded                 Commerce, Dec. 3, 2014). The orders define NOES
                                                of this investigation are products in                   from the scope of this investigation:                   as ‘‘cold-rolled, flat-rolled, alloy steel products,
                                                                                                                                                                whether or not in coils, regardless of width, having
                                                which: (1) Iron predominates, by                           • Ball bearing steels; 15                            an actual thickness of 0.20 mm or more, in which
                                                weight, over each of the other contained                                                                        the core loss is substantially equal in any direction
                                                elements; (2) the carbon content is 2                      15 Ball bearing steels are defined as steels which   of magnetization in the plane of the material. The
                                                percent or less, by weight; and (3) none                contain, in addition to iron, each of the following     term ‘substantially equal’ means that the cross grain
                                                of the elements listed below exceeds the                elements by weight in the amount specified: (i) Not     direction of core loss is no more than 1.5 times the
                                                                                                        less than 0.95 nor more than 1.13 percent of carbon;    straight grain direction (i.e., the rolling direction) of
                                                quantity, by weight, respectively                       (ii) not less than 0.22 nor more than 0.48 percent      core loss. NOES has a magnetic permeability that
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                                                indicated:                                              of manganese; (iii) none, or not more than 0.03         does not exceed 1.65 Tesla when tested at a field
                                                   • 2.50 percent of manganese, or                      percent of sulfur; (iv) none, or not more than 0.03     of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
                                                   • 3.30 percent of silicon, or                        percent of phosphorus; (v) not less than 0.18 nor       parallel to) the rolling direction of the sheet (i.e.,
                                                   • 1.50 percent of copper, or                         more than 0.37 percent of silicon; (vi) not less than   B800 value). NOES contains by weight more than
                                                   • 1.50 percent of aluminum, or                       1.25 nor more than 1.65 percent of chromium; (vii)
                                                                                                        none, or not more than 0.28 percent of nickel; (viii)
                                                                                                                                                                1.00 percent of silicon but less than 3.5 percent of
                                                                                                                                                                silicon, not more than 0.08 percent of carbon, and
                                                   • 1.25 percent of chromium, or                       none, or not more than 0.38 percent of copper; and      not more than 1.5 percent of aluminum. NOES has
                                                   • 0.30 percent of cobalt, or                         (ix) none, or not more than 0.09 percent of             a surface oxide coating, to which an insulation
                                                   • 0.40 percent of lead, or                           molybdenum.                                             coating may be applied.’’



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                                                                               Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices                                                 32733

                                                7209.17.0091, 7209.18.1530,                             development, engineering, labor,                      Questions from the public will not be
                                                7209.18.1560, 7209.18.2510,                             education, management consulting,                     considered during this period. Speakers
                                                7209.18.2520, 7209.18.2580,                             environment, and international                        who wish to expand upon their oral
                                                7209.18.6020, 7209.18.6090,                             relations.                                            statements, those who had wished to
                                                7209.25.0000, 7209.26.0000,                             DATES: The VCAT will meet on                          speak but could not be accommodated
                                                7209.27.0000, 7209.28.0000,                             Tuesday, June 7, 2016 from 8:30 a.m. to               on the agenda, and those who were
                                                7209.90.0000, 7210.70.3000,                             5:30 p.m. Eastern Time and Wednesday,                 unable to attend in person are invited to
                                                7211.23.1500, 7211.23.2000,                             June 8, 2016 from 10:30 a.m. to 12:30                 submit written statements to VCAT,
                                                7211.23.3000, 7211.23.4500,                             p.m.                                                  NIST, 100 Bureau Drive, MS 1060,
                                                7211.23.6030, 7211.23.6060,                                                                                   Gaithersburg, Maryland 20899, via fax at
                                                7211.23.6090, 7211.29.2030,                             ADDRESSES: The meeting will be held in                301–216–0529 or electronically by email
                                                7211.29.2090, 7211.29.4500,                             the Portrait Room, Administration                     to stephanie.shaw@nist.gov .
                                                7211.29.6030, 7211.29.6080,                             Building, at NIST, 100 Bureau Drive,                    All visitors to the NIST site are
                                                7211.90.0000, 7212.40.1000,                             Gaithersburg, Maryland 20899. Please                  required to pre-register to be admitted.
                                                7212.40.5000, 7225.50.6000,                             note admittance instructions under the                Please submit your name, time of
                                                7225.50.8080, 7225.99.0090,                             SUPPLEMENTARY INFORMATION section of                  arrival, email address and phone
                                                7226.92.5000, 7226.92.7050, and                         this notice.                                          number to Stephanie Shaw by 5:00 p.m.
                                                7226.92.8050. The products subject to                   FOR FURTHER INFORMATION CONTACT:                      Eastern Time, Tuesday, May 31, 2016.
                                                the investigation may also enter under                  Stephanie Shaw, VCAT, NIST, 100                       Non-U.S. citizens must submit
                                                the following HTSUS numbers:                            Bureau Drive, Mail Stop 1060,                         additional information; please contact
                                                7210.90.9000, 7212.50.0000,                             Gaithersburg, Maryland 20899–1060,                    Ms. Shaw. Ms. Shaw’s email address is
                                                7215.10.0010, 7215.10.0080,                             telephone number 301–975–2667. Ms.                    stephanie.shaw@nist.gov and her phone
                                                7215.50.0016, 7215.50.0018,                             Shaw’s email address is                               number is 301–975–2667. For
                                                7215.50.0020, 7215.50.0061,                             stephanie.shaw@nist.gov.                              participants attending in person, please
                                                7215.50.0063, 7215.50.0065,                             SUPPLEMENTARY INFORMATION:                            note that federal agencies, including
                                                7215.50.0090, 7215.90.5000,                               Authority: 15 U.S.C. 278 and the Federal            NIST, can only accept a state-issued
                                                7217.10.1000, 7217.10.2000,                             Advisory Committee Act, as amended, 5                 driver’s license or identification card for
                                                7217.10.3000, 7217.10.7000,                             U.S.C. App.                                           access to federal facilities if such license
                                                7217.90.1000, 7217.90.5030,                                The purpose of this meeting is for the             or identification card is issued by a state
                                                7217.90.5060, 7217.90.5090,                             VCAT to review and make                               that is compliant with the REAL ID Act
                                                7225.19.0000, 7226.19.1000,                             recommendations regarding general                     of 2005 (Pub. L. 109–13), or by a state
                                                7226.19.9000, 7226.99.0180,                             policy for NIST, its organization, its                that has an extension for REAL ID
                                                7228.50.5015, 7228.50.5040,                             budget, and its programs within the                   compliance. NIST currently accepts
                                                7228.50.5070, 7228.60.8000, and                         framework of applicable national                      other forms of federal-issued
                                                7229.90.1000.                                           policies as set forth by the President and            identification in lieu of a state-issued
                                                  The HTSUS subheadings above are                       the Congress. The agenda will include                 driver’s license. For detailed
                                                provided for convenience and customs                    an update on major programs at NIST                   information please contact Ms. Shaw at
                                                purposes only. The written description                  and presentations and discussions on                  301–975–2667 or visit: http://nist.gov/
                                                of the scope of the investigation is                    safety at NIST. There will be                         public_affairs/visitor/ .
                                                dispositive.                                            presentations and discussion about how                Kevin Kimball,
                                                [FR Doc. 2016–12183 Filed 5–23–16; 8:45 am]             NIST achieves balance between core                    NIST Chief of Staff.
                                                BILLING CODE 3510–DS–P                                  intramural research and extramural and                [FR Doc. 2016–12293 Filed 5–20–16; 11:15 am]
                                                                                                        convening activities in its Laboratory                BILLING CODE 3510–13–P
                                                                                                        Programs. NIST’s role in the
                                                DEPARTMENT OF COMMERCE                                  Administration’s National Strategic
                                                                                                        Computing Initiative will also be                     DEPARTMENT OF COMMERCE
                                                National Institute of Standards and                     discussed. The agenda may change to
                                                Technology                                              accommodate Committee business. The                   National Oceanic and Atmospheric
                                                Visiting Committee on Advanced                          final agenda will be posted on the NIST               Administration
                                                Technology                                              Web site at http://www.nist.gov/
                                                                                                                                                              RIN 0648–XE642
                                                                                                        director/vcat/agenda.cfm.
                                                AGENCY: National Institute of Standards                    Individuals and representatives of                 Mid-Atlantic Fishery Management
                                                and Technology, Department of                           organizations who would like to offer                 Council (MAFMC); Public Meeting
                                                Commerce.                                               comments and suggestions related to the
                                                ACTION: Notice of public meeting.                       Committee’s affairs are invited to                    AGENCY:  National Marine Fisheries
                                                                                                        request a place on the agenda.                        Service (NMFS), National Oceanic and
                                                SUMMARY:  The Visiting Committee on                        On Wednesday, June 8, approximately                Atmospheric Administration (NOAA),
                                                Advanced Technology (VCAT or                            one-half hour in the morning will be                  Commerce.
                                                Committee), National Institute of                       reserved for public comments and                      ACTION: Notice; public meeting.
                                                Standards and Technology (NIST), will                   speaking times will be assigned on a
                                                meet in an open session on Tuesday,                     first-come, first-serve basis. The amount             SUMMARY:   The Mid-Atlantic Fishery
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                                                June 7, 2016 from 8:30 a.m. to 5:30 p.m.                of time per speaker will be determined                Management Council’s (Council’s)
                                                Eastern Time and Wednesday, June 8,                     by the number of requests received, but               Summer Flounder, Scup, and Black Sea
                                                2016 from 10:30 a.m. to 12:30 p.m.                      is likely to be about 3 minutes each. The             Bass Advisory Panel will hold a public
                                                Eastern Time. The VCAT is composed of                   exact time for public comments will be                meeting.
                                                fifteen members appointed by the NIST                   included in the final agenda that will be             DATES: The meeting will be held on
                                                Director who are eminent in such fields                 posted on the NIST Web site at http://                Wednesday, June 22, 2016, from 10 a.m.
                                                as business, research, new product                      www.nist.gov/director/vcat/agenda.cfm.                until 4:30 p.m.


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Document Created: 2016-05-24 05:21:56
Document Modified: 2016-05-24 05:21:56
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
ContactYasmin Bordas or John Corrigan, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3813 or (202) 482-7438, respectively.
FR Citation81 FR 32729 

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