81 FR 35323 - Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products From India: Final Affirmative Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 106 (June 2, 2016)
International Trade Administration
Federal Register Volume 81, Issue 106 (June 2, 2016)
| Page Range | 35323-35326 | |
| FR Document | 2016-12967 |
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)] [Notices] [Pages 35323-35326] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12967] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-864] Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products From India: Final Affirmative 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 and exporters of certain corrosion-resistant steel products (``corrosion- resistant steel'') from India as provided in section 705 of the Tariff Act of 1930, as amended (the ``Act''). For information on the subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2014, through December 31, 2014. DATES: Effective Date: June 2, 2016. FOR FURTHER INFORMATION CONTACT: Andrew Devine, Paul Walker, or Matthew Renkey, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202-482-0238, 202-482-0413, or 202-482-2312, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Determination on November 6, 2015,\1\ and placed the Post-Preliminary Memorandum on the record of this investigation on March 9, 2016.\2\ A summary of the events that occurred since the post-preliminary analysis, as well verification and a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memo.\3\ The Issues and Decision Memo 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://trade.gov/enforcement. The signed Issues and Decision Memo and the electronic versions of the Issues and Decision Memo are identical in content. --------------------------------------------------------------------------- \1\ See Countervailing Duty Investigation of Certain Corrosion- Resistant Steel Products from India: Preliminary Affirmative Determination, 80 FR 68854 (November 6, 2015) (``Preliminary Determination''). \2\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, re: ``Post-Preliminary Analysis for the Countervailing Duty Investigation of Certain Corrosion Resistant Steel from India,'' dated March 9, 2016 (``Post-Preliminary Memorandum''). \3\ See 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 Corrosion Resistant Steel from India,'' dated concurrently with this notice (``Issues and Decision Memo''). --------------------------------------------------------------------------- As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final determination is now May 24, 2016.\4\ --------------------------------------------------------------------------- \4\ See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement & Compliance, regarding ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016. --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are corrosion-resistant steel products from India. For a complete description of the scope of this investigation, see Appendix II. The Department did not receive comments regarding the scope of this investigation. Scope Comments In accordance with the Preliminary Scope Determination,\5\ the Department [[Page 35324]] set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues. --------------------------------------------------------------------------- \5\ See Memorandum to Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Corrosion-Resistant Steel Products From the People's Republic of China, India, Italy, the Republic of Korea, and Taiwan: Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated December 21, 2015 (``Preliminary Scope Decision Memorandum''). See also Memorandum to the File, ``Certain Corrosion-Resistant Steel Products From the People's Republic of China, India, Italy, the Republic of Korea, and Taiwan: Correction to Preliminary Determination Scope Memorandum,'' dated January 29, 2016. --------------------------------------------------------------------------- For a summary of the product coverage comments and rebuttal responses submitted to the record of this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Decision Memorandum.\6\ The Final Scope Decision Memorandum is incorporated by, and hereby adopted by, this notice. --------------------------------------------------------------------------- \6\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Scope Comments Decision Memorandum for the Final Determinations,'' dated concurrently with this notice. --------------------------------------------------------------------------- Methodology The Department is conducting this countervailing duty (``CVD'') investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, we determine that there is a subsidy, i.e., a financial contribution by an ``authority'' that gives rise to a benefit to the recipient, and that the subsidy is specific.\7\ For a full description of the methodology underlying our conclusions, see the Issues and Decision Memo. --------------------------------------------------------------------------- \7\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memo. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memo, is attached to this notice at Appendix I. Use of Adverse Facts Available In making this final determination, the Department relied, in part, on facts available and, because JSW Steel Limited did not act to the best of its ability to respond to the Department's requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.\8\ For further information, see the section ``Use of Facts Otherwise Available and Adverse Inferences'' in the accompanying Issues and Decision Memo. --------------------------------------------------------------------------- \8\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, we made certain changes to the subsidy program rate calculations since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memo. Final Determination In accordance with section 705(c)(1)(B)(i) of the Act, we calculated an individual rate for each producer/exporter of the subject merchandise individually investigated. In accordance with section 705(c)(5)(A) of the Act, for companies not individually investigated, we apply an ``all-others'' rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as mandatory respondents by those companies' exports of the subject merchandise to the United States. Under section 705(c)(5)(i) of the Act, the all-others rate excludes zero and de minimis rates calculated for the exporters and producers individually investigated as well as rates based entirely on facts otherwise available. Where the rates for the individually investigated companies are all zero or de minimis, or determined entirely using facts otherwise available, section 705(c)(5)(A)(ii) of the Act instructs the Department to establish an all-others rate using ``any reasonable method.'' Where the countervailable subsidy rates for all of the individually investigated respondents are zero or de minimis or are based on total AFA, the Department's practice, pursuant to 705(c)(5)(A)(ii), is to calculate the all others rate based on a simple average of the zero or de minimis margins and the margins based on total AFA. Pursuant to section 705(c)(5)(A)(i) of the Act, we have not calculated the ``all-others'' rate by weight averaging the rates of the two individually investigated respondents, because doing so risks disclosure of proprietary information. Therefore, and consistent with the Department's practice, for the ``all-others'' rate, we calculated a simple average of the two responding firms' rates.\9\ --------------------------------------------------------------------------- \9\ See, e.g., Countervailing Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 80 FR 5089 (January 30, 2015), unchanged in Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 64745 (October 24, 2015). ------------------------------------------------------------------------ Subsidy rate Exporter/Producer (percent) ------------------------------------------------------------------------ JSW Steel Limited and JSW Steel Coated Products Limited. 29.46 Uttam Galva Steels Limited and Uttam Value Steels 8.00 Limited................................................ All Others.............................................. 18.73 ------------------------------------------------------------------------ Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to section 703(d) of the Act, we instructed U.S. Customs and Border Protection (``CBP'') to suspend liquidation of entries of merchandise under consideration from India that were entered or withdrawn from warehouse, for consumption, on or after November 6, 2015, which is the publication date in the Federal Register of the Preliminary Determination. 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 March 5, 2016. If the U.S. International Trade Commission (the ``ITC'') issues a final affirmative injury determination, we will issue a CVD order and will 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 subject 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. International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance. [[Page 35325]] Notification Regarding Administrative Protective Orders In the event the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the 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 violation subject to sanction. This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. Dated: May 24, 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. List of Issues V. Subsidies Valuation VI. Use of Facts Otherwise Available and Adverse Inferences VII. Analysis of Programs VIII. Calculation of the All-Others Rate IX. Analysis of Comments Comment 1: Whether the AAP Is a Countervailable Subsidy Comment 2: Whether the DFIA Program Is a Countervailable Subsidy Comment 3: Whether the DDB Program Is a Countervailable Subsidy Comment 4: Whether the EPCGS Is a Countervailable Subsidy Comment 5: Whether the Various State Government of Maharashtra Programs Are Countervailable Subsidies Comment 6: Whether Status Holder Incentive Scrips (``SHIS'') Purchased From Third Parties Confer a Countervailable Subsidy Comment 7: Double-Counting of the Status Certificate Program (``SCP'') and SHIS Comment 8: Whether UVSL Was Required To File a Questionnaire Response Comment 9: Treatment of Indrajit Power Private Ltd. (``IPPL'') Comment 10: UGSL's Use of the EPCGS (Unreported License) Comment 11: Whether the Department Should Apply Adverse Facts Available to JSWSL Based on Failure To Report Information About Subsidiaries Comment 12: Whether JSWSL Used the DFIA Program or the Incremental Export Incentivisation Scheme Comment 13: JCPSL's Use of the Focus Market Scheme Comment 14: JSWSL's Use of the EPCGS (Unreported License) X. Recommendation Appendix II--Scope of the Investigation The products covered by this investigation are certain flat- rolled steel products, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non-metallic substances in addition to the metallic coating. The products covered include coils that have a 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 and high strength low alloy (``HSLA'') steels. 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. Furthermore, this scope also includes Advanced High Strength Steels (``AHSS'') and Ultra High Strength Steels (``UHSS''), both of which are considered high tensile strength and high elongation steels. Subject merchandise also includes corrosion-resistant 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 in- scope corrosion resistant 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: Flat-rolled steel products either plated or coated with tin, lead, chromium, chromium oxides, both tin and lead (``terne plate''), or both chromium and chromium oxides (``tin free steel''), whether or not painted, varnished or coated with plastics or other non-metallic substances in addition to the metallic coating; Clad products in straight lengths of 4.7625 mm or more in composite thickness and of a width which exceeds 150 mm and measures at least twice the thickness; and Certain clad stainless flat-rolled products, which are three-layered corrosion-resistant flat-rolled steel products less than 4.75 mm in composite thickness that consist of a flat-rolled steel product clad on both sides with stainless steel in a 20%-60%- 20% ratio. The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (``HTSUS'') under item numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, and 7212.60.0000. The products subject to the investigation may also enter under the following HTSUS item numbers: 7210.90.1000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.91.0000, 7225.92.0000, 7225.99.0090, 7226.99.0110, 7226.99.0130, 7226.99.0180, 7228.60.6000, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings above are provided for convenience and customs [[Page 35326]] purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2016-12967 Filed 6-1-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices 35323
and of a width which exceeds 150 mm and Comment 7: Revised U.S. Sales Data for Issues and Decision Memo.3 The Issues
measures at least twice the thickness; and Arvedi and Decision Memo is a public
• Certain clad stainless flat-rolled Comment 8: Adjustments to Arvedi’s Cost document and is on file electronically
products, which are three-layered corrosion- Data Based on Verification
via Enforcement and Compliance’s
resistant flat-rolled steel products less than [FR Doc. 2016–12969 Filed 6–1–16; 8:45 am]
4.75 mm in composite thickness that consist Antidumping and Countervailing Duty
of a flat-rolled steel product clad on both BILLING CODE 3510–DS–P Centralized Electronic Service System
sides with stainless steel in a 20%–60%– (‘‘ACCESS’’). ACCESS is available to
20% ratio. registered users at http://
The products subject to the investigation DEPARTMENT OF COMMERCE access.trade.gov, and is available to all
are currently classified in the Harmonized parties in the Central Records Unit,
Tariff Schedule of the United States International Trade Administration
room B8024 of the main Department of
(‘‘HTSUS’’) under item numbers:
[C–533–864] Commerce building. In addition, a
7210.30.0030, 7210.30.0060, 7210.41.0000,
7210.49.0030, 7210.49.0091, 7210.49.0095, complete version of the Issues and
7210.61.0000, 7210.69.0000, 7210.70.6030, Countervailing Duty Investigation of Decision Memorandum can be accessed
7210.70.6060, 7210.70.6090, 7210.90.6000, Certain Corrosion-Resistant Steel directly at http://trade.gov/enforcement.
7210.90.9000, 7212.20.0000, 7212.30.1030, Products From India: Final Affirmative The signed Issues and Decision Memo
7212.30.1090, 7212.30.3000, 7212.30.5000, Determination and the electronic versions of the Issues
7212.40.1000, 7212.40.5000, 7212.50.0000, and Decision Memo are identical in
and 7212.60.0000. AGENCY: Enforcement and Compliance,
content.
The products subject to the investigation International Trade Administration,
As explained in the memorandum
may also enter under the following HTSUS Department of Commerce.
item numbers: 7210.90.1000, 7215.90.1000, from the Acting Assistant Secretary for
SUMMARY: The Department of Commerce Enforcement and Compliance, the
7215.90.3000, 7215.90.5000, 7217.20.1500, (the ‘‘Department’’) determines that
7217.30.1530, 7217.30.1560, 7217.90.1000, Department has exercised its discretion
7217.90.5030, 7217.90.5060, 7217.90.5090, countervailable subsidies are being to toll all administrative deadlines due
7225.91.0000, 7225.92.0000, 7225.99.0090, provided to producers and exporters of to the closure of the Federal
7226.99.0110, 7226.99.0130, 7226.99.0180, certain corrosion-resistant steel Government. All deadlines in this
7228.60.6000, 7228.60.8000, and products (‘‘corrosion-resistant steel’’) segment of the proceeding have been
7229.90.1000. from India as provided in section 705 of extended by four business days. The
The HTSUS subheadings above are the Tariff Act of 1930, as amended (the
provided for convenience and customs revised deadline for the final
‘‘Act’’). For information on the subsidy determination is now May 24, 2016.4
purposes only. The written description of the rates, see the ‘‘Final Determination’’
scope of the investigation is dispositive. Scope of the Investigation
section of this notice. The period of
Appendix II—List of Topics Discussed investigation is January 1, 2014, through The products covered by this
in the Issues and Decision December 31, 2014. investigation are corrosion-resistant
Memorandum DATES: Effective Date: June 2, 2016. steel products from India. For a
I. Summary FOR FURTHER INFORMATION CONTACT: complete description of the scope of this
II. Background Andrew Devine, Paul Walker, or investigation, see Appendix II. The
III. Period of Investigation Matthew Renkey, AD/CVD Operations, Department did not receive comments
IV. Changes Since the Preliminary Office V, Enforcement and Compliance, regarding the scope of this investigation.
Determination
V. Application of Total Adverse Facts
International Trade Administration, Scope Comments
Available With Regard to Marcegaglia U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., In accordance with the Preliminary
VI. Selection of AFA Rate and Corroboration
VII. Affirmative Finding of Critical Washington, DC 20230; telephone 202– Scope Determination,5 the Department
Circumstances, In Part 482–0238, 202–482–0413, or 202–482–
3 See Memorandum from Christian Marsh, Deputy
VIII. List of Comments 2312, respectively.
IX. Discussion of Comments Assistant Secretary for Antidumping and
SUPPLEMENTARY INFORMATION: Countervailing Duty Operations, to Paul Piquado,
Comment 1: Application of Total Adverse
Assistant Secretary for Enforcement and
Facts Available (‘‘AFA’’) to Marcegaglia Background Compliance, ‘‘Issues and Decision Memorandum for
A. Misclassified Export Price (‘‘EP’’) Sales the Final Affirmative Determination in the
Comment 2: Corporate Name Change of The Department published the Countervailing Duty Investigation of Certain
Marcegaglia Preliminary Determination on Corrosion Resistant Steel from India,’’ dated
Comment 3: Application of Adverse Facts November 6, 2015,1 and placed the Post- concurrently with this notice (‘‘Issues and Decision
Available (‘‘AFA’’) to Arvedi’s Non- Preliminary Memorandum on the record Memo’’).
Prime Sales of this investigation on March 9, 2016.2 4 See Memorandum to the Record from Ron
Comment 4: Application of AFA to Arvedi’s Lorentzen, Acting Assistant Secretary for
A summary of the events that occurred Enforcement & Compliance, regarding ‘‘Tolling of
Packing Revenue
since the post-preliminary analysis, as Administrative Deadlines As a Result of the
Comment 5: Treatment of Arvedi’s Cost of
Manufacturing (‘‘COM’’) well verification and a full discussion of Government Closure During Snowstorm Jonas,’’
the issues raised by parties for this final dated January 27, 2016.
A. Other Operating Costs 5 See Memorandum to Gary Taverman, Associate
B. Net Extraordinary Charges determination, may be found in the Deputy Assistant Secretary for Antidumping and
C. Bad Debt Expenses Countervailing Duty Operations, ‘‘Certain
D. Offset of Electricity Sales to COM 1 See Countervailing Duty Investigation of Certain
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Corrosion-Resistant Steel Products From the
E. Adjust Variable Manufacturing Cost Corrosion-Resistant Steel Products from India: People’s Republic of China, India, Italy, the
Based on Sales Quantities Preliminary Affirmative Determination, 80 FR Republic of Korea, and Taiwan: Scope Comments
F. Disallow Insurance Claim as ‘‘Indirect 68854 (November 6, 2015) (‘‘Preliminary Decision Memorandum for the Preliminary
Determination’’). Determinations,’’ dated December 21, 2015
Damages’’ As An Offset to Fixed 2 See Memorandum to Paul Piquado, Assistant (‘‘Preliminary Scope Decision Memorandum’’). See
Overhead Costs Secretary for Enforcement and Compliance, re: also Memorandum to the File, ‘‘Certain Corrosion-
Comment 6: Programming Errors in Arvedi’s ‘‘Post-Preliminary Analysis for the Countervailing Resistant Steel Products From the People’s Republic
Margin Program Duty Investigation of Certain Corrosion Resistant of China, India, Italy, the Republic of Korea, and
A. Net U.S. Price Variable Steel from India,’’ dated March 9, 2016 (‘‘Post- Taiwan: Correction to Preliminary Determination
B. Marine Insurance Preliminary Memorandum’’). Scope Memorandum,’’ dated January 29, 2016.
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![35326 Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
purposes only. The written description of the summary of the events that occurred set aside a period of time for parties to
scope of the investigation is dispositive. since the post-preliminary analysis, as address scope issues in case briefs or
[FR Doc. 2016–12967 Filed 6–1–16; 8:45 am] well as a full discussion of the issues other written comments on scope issues.
BILLING CODE 3510–DS–P raised by parties for this final For a summary of the product
determination, may be found in the coverage comments and rebuttal
Issues and Decision Memo.4 The Issues responses submitted to the record of this
DEPARTMENT OF COMMERCE and Decision Memo is a public final determination, and accompanying
document and is on file electronically discussion and analysis of all comments
International Trade Administration via Enforcement and Compliance’s timely received, see the Final Scope
[C–475–833] Antidumping and Countervailing Duty Decision Memorandum.7 The Final
Centralized Electronic Service System Scope Decision Memorandum is
Countervailing Duty Investigation of (‘‘ACCESS’’). ACCESS is available to incorporated by, and hereby adopted by,
Certain Corrosion-Resistant Steel registered users at http:// this notice.
Products From Italy: Final Affirmative access.trade.gov, and is available to all Methodology
Determination and Final Affirmative parties in the Central Records Unit,
Critical Circumstances, in Part Room B8024 of the main Department of The Department is conducting this
Commerce building. In addition, a countervailing duty (‘‘CVD’’)
AGENCY: Enforcement and Compliance, complete version of the Issues and investigation in accordance with section
International Trade Administration, Decision Memorandum can be accessed 701 of the Act. For each of the subsidy
Department of Commerce. directly at http://trade.gov/enforcement. programs found countervailable, we
SUMMARY: The Department of Commerce The signed Issues and Decision Memo determine that there is a subsidy, i.e., a
(the ‘‘Department’’) determines that and the electronic versions of the Issues financial contribution by an ‘‘authority’’
countervailable subsidies are being and Decision Memo are identical in that gives rise to a benefit to the
provided to producers and exporters of content. recipient, and that the subsidy is
certain corrosion-resistant steel As explained in the memorandum specific.8 For a full description of the
products (‘‘corrosion-resistant steel’’) from the Acting Assistant Secretary for methodology underlying our
from Italy as provided in section 705 of Enforcement and Compliance, the conclusions, see the Issues and Decision
the Tariff Act of 1930, as amended (the Department has exercised its discretion Memo.
‘‘Act’’). For information on the to toll all administrative deadlines due Analysis of Subsidy Programs and
estimated subsidy rates, see the ‘‘Final to the closure of the Federal Comments Received
Determination’’ section of this notice. Government. All deadlines in this
The period of investigation is January 1, segment of the proceeding have been The subsidy programs under
2014, through December 31, 2014. extended by four business days. The investigation and the issues raised in
revised deadline for the final the case and rebuttal briefs by parties in
DATES: Effective Date: June 2, 2016.
determination is now May 24, 2016.5 this investigation are discussed in the
FOR FURTHER INFORMATION CONTACT: Bob Issues and Decision Memo. A list of the
Palmer, Irene Gorelik, and Katie Scope of the Investigation issues that parties raised, and to which
Marksberry, AD/CVD Operations, Office The products covered by this we responded in the Issues and
V, Enforcement and Compliance, investigation are corrosion-resistant Decision Memo, is attached to this
International Trade Administration, steel products from Italy. For a complete notice at Appendix I.
U.S. Department of Commerce, 14th description of the scope of this
Street and Constitution Avenue NW., Adverse Facts Available
investigation, see Appendix II.
Washington, DC 20230; telephone Section 776(a) of the Act provides
202.482.9068, 202.482.6905, and Scope Comments that, subject to section 782(d) of the Act,
202.482.7906, respectively. In accordance with the Preliminary the Department shall apply ‘‘facts
SUPPLEMENTARY INFORMATION: Scope Determination,6 the Department otherwise available’’ if: (1) Necessary
information is not on the record; or (2)
Background Investigation: Certain Corrosion Resistant Steel an interested party or any other person
The Department published the from Italy,’’ dated April 13, 2016 (‘‘Post-Preliminary (A) withholds information that has been
Analysis’’).
Preliminary Determination on 4 See Memorandum from Christian Marsh, Deputy
requested, (B) fails to provide
November 6, 2015,1 published the Assistant Secretary for Antidumping and information within the deadlines
Preliminary Critical Circumstances on Countervailing Duty Operations, to Paul Piquado, established, or in the form and manner
November 5, 2015,2 and placed the Post- Assistant Secretary for Enforcement and requested by the Department, subject to
Preliminary Analysis on the record of Compliance, ‘‘Issues and Decision Memorandum for subsections (c)(1) and (e) of section 782
the Final Affirmative Determination in the
this investigation on April 13, 2016.3 A Countervailing Duty Investigation of Certain of the Act, (C) significantly impedes a
Corrosion Resistant Steel from Italy,’’ dated
1 See Countervailing Duty Investigation of Certain concurrently with this notice (‘‘Issues and Decision (‘‘Preliminary Scope Decision Memorandum’’). See
Corrosion-Resistant Steel Products From Italy: Memo’’). also Memorandum to the File, ‘‘Certain Corrosion-
Preliminary Affirmative Determination, 80 FR 5 See Memorandum to the Record from Ron Resistant Steel Products From the People’s Republic
68839 (November 6, 2015) (‘‘Preliminary Lorentzen, Acting Assistant Secretary for of China, India, Italy, the Republic of Korea, and
Determination’’) and accompanying Preliminary Enforcement & Compliance, regarding ‘‘Tolling of Taiwan: Correction to Preliminary Determination
Decision Memorandum (‘‘Prelim Decision Memo’’). Administrative Deadlines As a Result of the Scope Memorandum,’’ dated January 29, 2016.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
2 See Antidumping and Countervailing Duty Government Closure During Snowstorm Jonas,’’ 7 See Memorandum to Christian Marsh, Deputy
Investigations of Corrosion-Resistant Steel Products dated January 27, 2016. Assistant Secretary for Antidumping and
From India, Italy, the People’s Republic of China, 6 See Memorandum to Gary Taverman, Associate Countervailing Duty Operations, ‘‘Scope Comments
the Republic of Korea, and Taiwan: Preliminary Deputy Assistant Secretary for Antidumping and Decision Memorandum for the Final
Determinations of Critical Circumstances, 80 FR Countervailing Duty Operations, ‘‘Certain Determinations,’’ dated concurrently with this
68504 (November 5, 2015) (‘‘Preliminary Critical Corrosion-Resistant Steel Products From the notice.
Circumstances’’). People’s Republic of China, India, Italy, the 8 See sections 771(5)(B) and (D) of the Act
3 See Memorandum to Paul Piquado, Assistant Republic of Korea, and Taiwan: Scope Comments regarding financial contribution; section 771(5)(E)
Secretary for Enforcement and Compliance, re: Decision Memorandum for the Preliminary of the Act regarding benefit; and section 771(5A) of
‘‘Post-Preliminary Analysis of Countervailing Duty Determinations,’’ dated December 21, 2015 the Act regarding specificity.
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Document Created: 2016-06-02 01:22:43
Document Modified: 2016-06-02 01:22:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Andrew Devine, Paul Walker, or Matthew Renkey, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202-482-0238, 202-482-0413, or 202-482-2312, respectively. | |
| FR Citation | 81 FR 35323 |
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