81_FR_35432 81 FR 35326 - Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products From Italy: Final Affirmative Determination and Final Affirmative Critical Circumstances, in Part

81 FR 35326 - Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products From Italy: Final Affirmative Determination and Final Affirmative Critical Circumstances, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 106 (June 2, 2016)

Page Range35326-35329
FR Document2016-12971

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 Italy as provided in section 705 of the Tariff Act of 1930, as amended (the ``Act''). For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2014, through December 31, 2014.

Federal Register, Volume 81 Issue 106 (Thursday, June 2, 2016)
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35326-35329]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12971]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-833]


Countervailing Duty Investigation of Certain Corrosion-Resistant 
Steel Products From Italy: Final Affirmative Determination and Final 
Affirmative Critical Circumstances, in Part

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 Italy as provided in section 705 of the Tariff 
Act of 1930, as amended (the ``Act''). For information on the estimated 
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: Bob Palmer, Irene Gorelik, and Katie 
Marksberry, 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 
202.482.9068, 202.482.6905, and 202.482.7906, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the Preliminary Determination on November 
6, 2015,\1\ published the Preliminary Critical Circumstances on 
November 5, 2015,\2\ and placed the Post-Preliminary Analysis on the 
record of this investigation on April 13, 2016.\3\ A summary of the 
events that occurred since the post-preliminary analysis, as well as a 
full discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memo.\4\ 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.
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    \1\ See Countervailing Duty Investigation of Certain Corrosion-
Resistant Steel Products From Italy: Preliminary Affirmative 
Determination, 80 FR 68839 (November 6, 2015) (``Preliminary 
Determination'') and accompanying Preliminary Decision Memorandum 
(``Prelim Decision Memo'').
    \2\ See Antidumping and Countervailing Duty Investigations of 
Corrosion-Resistant Steel Products From India, Italy, the People's 
Republic of China, the Republic of Korea, and Taiwan: Preliminary 
Determinations of Critical Circumstances, 80 FR 68504 (November 5, 
2015) (``Preliminary Critical Circumstances'').
    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, re: ``Post-Preliminary Analysis of 
Countervailing Duty Investigation: Certain Corrosion Resistant Steel 
from Italy,'' dated April 13, 2016 (``Post-Preliminary Analysis'').
    \4\ 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 Italy,'' dated concurrently with this 
notice (``Issues and Decision Memo'').
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    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.\5\
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    \5\ 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.
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Scope of the Investigation

    The products covered by this investigation are corrosion-resistant 
steel products from Italy. For a complete description of the scope of 
this investigation, see Appendix II.

Scope Comments

    In accordance with the Preliminary Scope Determination,\6\ the 
Department set aside a period of time for parties to address scope 
issues in case briefs or other written comments on scope issues.
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    \6\ 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.
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    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.\7\ The Final Scope Decision 
Memorandum is incorporated by, and hereby adopted by, this notice.
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    \7\ 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.
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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.\8\ For a full description of the methodology underlying our 
conclusions, see the Issues and Decision Memo.
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    \8\ 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.
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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.

Adverse Facts Available

    Section 776(a) of the Act provides that, subject to section 782(d) 
of the Act, the Department shall apply ``facts otherwise available'' 
if: (1) Necessary information is not on the record; or (2) an 
interested party or any other person (A) withholds information that has 
been requested, (B) fails to provide information within the deadlines 
established, or in the form and manner requested by the Department, 
subject to subsections (c)(1) and (e) of section 782 of the Act, (C) 
significantly impedes a

[[Page 35327]]

proceeding, or (D) provides information that cannot be verified as 
provided by section 782(i) of the Act. Furthermore, section 776(b) of 
the Act provides that the Department may use an adverse inference in 
applying the facts otherwise available when a party fails to cooperate 
by not acting to the best of its ability to comply with a request for 
information.
    In this case, the Department twice requested information with 
respect to the Industrial Development Grants Under Law 488/92, 
Technological Innovation Grants and Loans Under Law 46/82, Certain 
Social Security Reductions and Exemptions (``Sgravi'' Benefits), and 
Equalization Fund from the Government of Italy. The Government of Italy 
withheld necessary information with respect to each of these programs, 
failed to provide information in the form and manner requested, and did 
not provide requested information by the deadlines for submission of 
the information, as explained in more detail in the Prelim Decision 
Memo and the Issues and Decisions Memo. Furthermore, the Department has 
concluded that the Government of Italy did not cooperate to the best of 
its ability in providing the requested information. Accordingly, 
pursuant to sections 776(a) and (b) of the Act, we have determined that 
for each of these programs, the application of adverse facts available 
is warranted. For the Industrial Development Grants Under Law 488/92 
and Technological Innovation Grants and Loans Under Law 46/82, and 
Equalization Fund programs, we have determined as adverse facts 
available that these programs are de facto specific, in accordance with 
section 771(5A)(D)(iii) of the Act. For the Sgravi Benefits, we have 
determined that the reduced tax revenue due to the Government of Italy 
under these provisions constitutes a financial contribution within the 
meaning of section 771(5)(D)(ii) of the Act as revenue forgone. We have 
also determined that the revenue forgone under the Sgravi Benefits, is 
either de facto specific, in accordance with section 771(5A)(D)(ii) of 
the Act, or regionally specific, in accordance with section 
771(5A)(D)(iv) of the Act. More specifically, we find that Laws 53/2000 
and 167/2011 are de facto specific accordance with 771(5A)(iii) of the 
Act, and that Law 223/91 is regionally specific, in accordance with 
section 771(5A)(D)(iv).\9\
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    \9\ See Prelim Decision Memo.
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    In addition, one company selected as a mandatory respondent, Ilva 
S.p.A. (``Ilva''), did not respond to the Department's questionnaires 
or participate in the investigation. Accordingly, as adverse facts 
available, pursuant to sections 776(a) and (b), we have determined that 
Ilva benefitted from certain countervailable programs during the POI 
and calculated a rate for Ilva based on those programs.\10\ For further 
information, see the section ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the accompanying Issues and Decision Memo.
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    \10\ See sections 776(a) and (b) of the Act.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, we made certain changes to Ilva's subsidy rate calculations 
since the Preliminary Determination. Additionally we have modified our 
analysis of the Equalization Fund and now determine that an adverse 
inference is warranted in determining whether the program is specific. 
For a discussion of these changes, see the Issues and Decision Memo.

Final Affirmative Determination of Critical Circumstances, in Part

    On July 23, 2015, Petitioners \11\ filed a timely critical 
circumstances allegation, pursuant to section 733(e)(1) of the Act and 
19 CFR 351.206(c)(1), alleging that critical circumstances exist with 
respect to imports of corrosion-resistant steel from Italy.\12\ We 
preliminarily determined that critical circumstances did not exist for 
Acciaieria Arvedi S.p.A. (``Arvedi''), Marcegaglia S.p.A. 
(``Marcegaglia''), and the all-others companies, but did exist for 
Ilva. That determination remains unchanged and a discussion of our 
final critical circumstances determination can be found in the Issues 
and Decision Memo at the section, ``Final Determination of Critical 
Circumstances, In Part.''
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    \11\ United States Steel Corporation, Nucor Corporation, Steel 
Dynamics Inc., California Steel Industries, ArcelorMittal USA LLC, 
and AK Steel Corporation (collectively, ``Petitioners'').
    \12\ See Letter from Petitioners, ``Corrosion-Resistant Steel 
Products from India, Italy, the People's Republic of China, the 
Republic of Korea, and Taiwan: Critical Circumstances Allegations,'' 
July 23, 2015.
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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)(i) 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 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 AFA. Notwithstanding the language of 
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 and the rate based on AFA, because Ilva failed 
to report volume data that would enable the Department to determine the 
all-others rate based on a weighted-average. Therefore, and consistent 
with the Department's practice, for the ``all-others'' rate, we 
calculated a simple average of the two responding firms' de minimis 
rates and the AFA rate for the non-responsive company.\13\
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    \13\ See, e.g., Countervailing Duty Investigation of Chlorinated 
Isocyanurates from the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination With Final 
Antidumping Determination, 79 FR 10097 (February 24, 2014); see 
also, Non-Oriented Electrical Steel From Taiwan: Final Affirmative 
Countervailing Duty Determination, 79 FR 61602 (October 14, 2014) 
and accompanying Issues and Decision Memo at VIII. Calculation of 
the All Others Rate.

[[Page 35328]]



------------------------------------------------------------------------
             Exporter/producer                 Subsidy rate (percent)
------------------------------------------------------------------------
Acciaieria Arvedi S.p.A., Finarvedi         0.48 (de minimis).
 S.p.A., Arvedi Tubi Acciaio S.p.A., Euro-
 Trade S.p.A., and Siderurgica Triestina
 Srl., collectively, the Arvedi Group.
Marcegaglia S.p.A. and Marfin S.p.A., the   0.07 (de minimis).
 Marcegaglia Group.
Ilva S.p.A................................  38.51
All Others................................  13.02
------------------------------------------------------------------------

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 appropriate entries of 
merchandise under consideration from Italy \14\ that were entered or 
withdrawn from warehouse, for consumption, on November 6, 2015, or 
after August 7, 2015 (for those entities for which we found critical 
circumstances exist), which is 90 days before 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, but to continue the suspension of liquidation of all entries from 
August 7, 2015 or November 6, 2015, as relevant, through March 4, 2016.
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    \14\ Other than entries produced and/or exported by Arvedi and 
Marcegaglia for which we calculated de minimis rates in the 
Preliminary Determination.
---------------------------------------------------------------------------

    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, other 
than those produced and/or exported by Arvedi and Marcegaglia because 
those companies rates are de minimis. Because Arvedi and Marcegaglia 
were found to receive de minimis subsidies, they would be excluded from 
the CVD order. 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 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.

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 and 19 CFR 351.210(c).

    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. Final Determination of Critical Circumstances, in Part
IV. Scope of the Investigation
V. List of Issues
VI. Subsidies Valuation
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Calculation of the All-Others Rate
X. Analysis of Comments
    Comment 1: Whether White Certificates Are Countervailable
    Comment 2: Whether the Program To Purchase Ferriera Di Servola 
Is Not Countervailable or Not Used During the POI
    Comment 3: Whether To Include Countervailable Programs From the 
Post-Preliminary Memo in Ilva's AFA Rate
XI. 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

[[Page 35329]]

 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 purposes only. The written description of the scope of the 
investigation is dispositive.

[FR Doc. 2016-12971 Filed 6-1-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    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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                                                                                   Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices                                                      35327

                                                    proceeding, or (D) provides information                 specific, in accordance with section                   at the section, ‘‘Final Determination of
                                                    that cannot be verified as provided by                  771(5A)(D)(iv).9                                       Critical Circumstances, In Part.’’
                                                    section 782(i) of the Act. Furthermore,                    In addition, one company selected as                Final Determination
                                                    section 776(b) of the Act provides that                 a mandatory respondent, Ilva S.p.A.
                                                    the Department may use an adverse                                                                                 In accordance with section
                                                                                                            (‘‘Ilva’’), did not respond to the
                                                    inference in applying the facts                                                                                705(c)(1)(B)(i) of the Act, we calculated
                                                                                                            Department’s questionnaires or
                                                    otherwise available when a party fails to                                                                      an individual rate for each producer/
                                                                                                            participate in the investigation.
                                                    cooperate by not acting to the best of its                                                                     exporter of the subject merchandise
                                                                                                            Accordingly, as adverse facts available,
                                                    ability to comply with a request for                                                                           individually investigated. In accordance
                                                                                                            pursuant to sections 776(a) and (b), we                with section 705(c)(5)(A)(i) of the Act,
                                                    information.                                            have determined that Ilva benefitted                   for companies not individually
                                                       In this case, the Department twice                   from certain countervailable programs                  investigated, we apply an ‘‘all-others’’
                                                    requested information with respect to                   during the POI and calculated a rate for               rate, which is normally calculated by
                                                    the Industrial Development Grants                       Ilva based on those programs.10 For                    weighting the subsidy rates of the
                                                    Under Law 488/92, Technological                         further information, see the section                   individual companies selected as
                                                    Innovation Grants and Loans Under                       ‘‘Use of Facts Otherwise Available and                 mandatory respondents by those
                                                    Law 46/82, Certain Social Security                      Adverse Inferences’’ in the                            companies’ exports of the subject
                                                    Reductions and Exemptions (‘‘Sgravi’’                   accompanying Issues and Decision                       merchandise to the United States. Under
                                                    Benefits), and Equalization Fund from                   Memo.                                                  section 705(c)(5)(i) of the Act, the all-
                                                    the Government of Italy. The                            Changes Since the Preliminary                          others rate excludes zero and de
                                                    Government of Italy withheld necessary                  Determination                                          minimis rates calculated for the
                                                    information with respect to each of                                                                            exporters and producers individually
                                                    these programs, failed to provide                         Based on our review and analysis of                  investigated as well as rates based
                                                    information in the form and manner                      the comments received from parties, we                 entirely on facts otherwise available.
                                                    requested, and did not provide                          made certain changes to Ilva’s subsidy                 Where the rates for the individually
                                                    requested information by the deadlines                  rate calculations since the Preliminary                investigated companies are all zero or
                                                    for submission of the information, as                   Determination. Additionally we have                    de minimis, or determined entirely
                                                    explained in more detail in the Prelim                  modified our analysis of the                           using facts otherwise available, section
                                                    Decision Memo and the Issues and                        Equalization Fund and now determine                    705(c)(5)(A)(ii) of the Act instructs the
                                                    Decisions Memo. Furthermore, the                        that an adverse inference is warranted                 Department to establish an all-others
                                                    Department has concluded that the                       in determining whether the program is                  rate using ‘‘any reasonable method.’’
                                                    Government of Italy did not cooperate to                specific. For a discussion of these                    Where the countervailable subsidy rates
                                                    the best of its ability in providing the                changes, see the Issues and Decision                   for all of the individually investigated
                                                    requested information. Accordingly,                     Memo.                                                  respondents are zero or de minimis or
                                                    pursuant to sections 776(a) and (b) of                                                                         are based on AFA, the Department’s
                                                                                                            Final Affirmative Determination of                     practice, pursuant to 705(c)(5)(A)(ii), is
                                                    the Act, we have determined that for
                                                                                                            Critical Circumstances, in Part                        to calculate the all others rate based on
                                                    each of these programs, the application
                                                    of adverse facts available is warranted.                   On July 23, 2015, Petitioners 11 filed a            a simple average of the zero or de
                                                    For the Industrial Development Grants                   timely critical circumstances allegation,              minimis margins and the margins based
                                                    Under Law 488/92 and Technological                      pursuant to section 733(e)(1) of the Act               on AFA. Notwithstanding the language
                                                    Innovation Grants and Loans Under                       and 19 CFR 351.206(c)(1), alleging that                of section 705(c)(5)(A)(i) of the Act, we
                                                    Law 46/82, and Equalization Fund                        critical circumstances exist with respect              have not calculated the ‘‘all-others’’ rate
                                                    programs, we have determined as                         to imports of corrosion-resistant steel                by weight averaging the rates of the two
                                                    adverse facts available that these                      from Italy.12 We preliminarily                         individually investigated respondents
                                                    programs are de facto specific, in                                                                             and the rate based on AFA, because Ilva
                                                                                                            determined that critical circumstances
                                                    accordance with section 771(5A)(D)(iii)                                                                        failed to report volume data that would
                                                                                                            did not exist for Acciaieria Arvedi
                                                    of the Act. For the Sgravi Benefits, we                                                                        enable the Department to determine the
                                                                                                            S.p.A. (‘‘Arvedi’’), Marcegaglia S.p.A.
                                                    have determined that the reduced tax                                                                           all-others rate based on a weighted-
                                                                                                            (‘‘Marcegaglia’’), and the all-others
                                                    revenue due to the Government of Italy                                                                         average. Therefore, and consistent with
                                                                                                            companies, but did exist for Ilva. That
                                                                                                                                                                   the Department’s practice, for the ‘‘all-
                                                    under these provisions constitutes a                    determination remains unchanged and a
                                                                                                                                                                   others’’ rate, we calculated a simple
                                                    financial contribution within the                       discussion of our final critical
                                                                                                                                                                   average of the two responding firms’ de
                                                    meaning of section 771(5)(D)(ii) of the                 circumstances determination can be
                                                                                                                                                                   minimis rates and the AFA rate for the
                                                    Act as revenue forgone. We have also                    found in the Issues and Decision Memo
                                                                                                                                                                   non-responsive company.13
                                                    determined that the revenue forgone
                                                    under the Sgravi Benefits, is either de                   9 See Prelim Decision Memo.                            13 See, e.g., Countervailing Duty Investigation of
                                                    facto specific, in accordance with                        10 See sections 776(a) and (b) of the Act.           Chlorinated Isocyanurates from the People’s
                                                                                                              11 United States Steel Corporation, Nucor
                                                    section 771(5A)(D)(ii) of the Act, or                                                                          Republic of China: Preliminary Determination and
                                                                                                            Corporation, Steel Dynamics Inc., California Steel     Alignment of Final Determination With Final
                                                    regionally specific, in accordance with                 Industries, ArcelorMittal USA LLC, and AK Steel        Antidumping Determination, 79 FR 10097
                                                    section 771(5A)(D)(iv) of the Act. More                 Corporation (collectively, ‘‘Petitioners’’).           (February 24, 2014); see also, Non-Oriented
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    specifically, we find that Laws 53/2000                   12 See Letter from Petitioners, ‘‘Corrosion-         Electrical Steel From Taiwan: Final Affirmative
                                                    and 167/2011 are de facto specific                      Resistant Steel Products from India, Italy, the        Countervailing Duty Determination, 79 FR 61602
                                                                                                            People’s Republic of China, the Republic of Korea,     (October 14, 2014) and accompanying Issues and
                                                    accordance with 771(5A)(iii) of the Act,                and Taiwan: Critical Circumstances Allegations,’’      Decision Memo at VIII. Calculation of the All
                                                    and that Law 223/91 is regionally                       July 23, 2015.                                         Others Rate.




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                                                    35328                                      Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices

                                                                                                                                                                                                                                                       Subsidy rate
                                                                                                                                    Exporter/producer                                                                                                   (percent)

                                                    Acciaieria Arvedi S.p.A., Finarvedi S.p.A., Arvedi Tubi Acciaio S.p.A., Euro-Trade S.p.A., and Siderurgica Triestina Srl.,                                                                     0.48 (de minimis).
                                                       collectively, the Arvedi Group.
                                                    Marcegaglia S.p.A. and Marfin S.p.A., the Marcegaglia Group ..............................................................................................                                     0.07 (de minimis).
                                                    Ilva S.p.A .................................................................................................................................................................................   38.51
                                                    All Others .................................................................................................................................................................................   13.02



                                                    Continuation of Suspension of                                               making available to the ITC all non-                                         XI. Recommendation
                                                    Liquidation                                                                 privileged and non-proprietary                                               Appendix II—Scope of the Investigation
                                                       As a result of our Preliminary                                           information relating to this
                                                                                                                                investigation. We will allow the ITC                                            The products covered by this investigation
                                                    Determination, and pursuant to section                                                                                                                   are certain flat-rolled steel products, either
                                                    703(d) of the Act, we instructed U.S.                                       access to all privileged and business
                                                                                                                                                                                                             clad, plated, or coated with corrosion-
                                                    Customs and Border Protection (‘‘CBP’’)                                     proprietary information in our files,                                        resistant metals such as zinc, aluminum, or
                                                    to suspend liquidation of appropriate                                       provided the ITC confirms that it will                                       zinc-, aluminum-, nickel- or iron-based
                                                    entries of merchandise under                                                not disclose such information, either                                        alloys, whether or not corrugated or painted,
                                                    consideration from Italy 14 that were                                       publicly or under an administrative                                          varnished, laminated, or coated with plastics
                                                    entered or withdrawn from warehouse,                                        protective order, without the written                                        or other non-metallic substances in addition
                                                                                                                                consent of the Assistant Secretary for                                       to the metallic coating. The products covered
                                                    for consumption, on November 6, 2015,                                                                                                                    include coils that have a width of 12.7 mm
                                                    or after August 7, 2015 (for those                                          Enforcement and Compliance.
                                                                                                                                                                                                             or greater, regardless of form of coil (e.g., in
                                                    entities for which we found critical                                        Notification Regarding Administrative                                        successively superimposed layers, spirally
                                                    circumstances exist), which is 90 days                                      Protective Orders                                                            oscillating, etc.). The products covered also
                                                    before the publication date in the                                                                                                                       include products not in coils (e.g., in straight
                                                                                                                                   In the event the ITC issues a final                                       lengths) of a thickness less than 4.75 mm and
                                                    Federal Register of the Preliminary
                                                                                                                                negative injury determination, this                                          a width that is 12.7 mm or greater and that
                                                    Determination. In accordance with
                                                                                                                                notice will serve as the only reminder                                       measures at least 10 times the thickness. The
                                                    section 703(d) of the Act, we issued
                                                                                                                                to parties subject to an APO of their                                        products covered also include products not
                                                    instructions to CBP to discontinue the                                                                                                                   in coils (e.g., in straight lengths) of a
                                                                                                                                responsibility concerning the
                                                    suspension of liquidation for CVD                                                                                                                        thickness of 4.75 mm or more and a width
                                                                                                                                disposition of proprietary information
                                                    purposes for subject merchandise                                                                                                                         exceeding 150 mm and measuring at least
                                                                                                                                disclosed under APO in accordance
                                                    entered, or withdrawn from warehouse,                                                                                                                    twice the thickness. The products described
                                                                                                                                with 19 CFR 351.305(a)(3). Timely                                            above may be rectangular, square, circular, or
                                                    on or after March 5, 2016, but to
                                                                                                                                written notification of the return or                                        other shape and include products of either
                                                    continue the suspension of liquidation
                                                                                                                                destruction of APO materials, or                                             rectangular or non-rectangular cross-section
                                                    of all entries from August 7, 2015 or
                                                                                                                                conversion to judicial protective order,                                     where such cross-section is achieved
                                                    November 6, 2015, as relevant, through                                                                                                                   subsequent to the rolling process, i.e.,
                                                                                                                                is hereby requested. Failure to comply
                                                    March 4, 2016.                                                                                                                                           products which have been ‘‘worked after
                                                       If the U.S. International Trade                                          with the regulations and terms of an
                                                                                                                                APO is a violation subject to sanction.                                      rolling’’ (e.g., products which have been
                                                    Commission (the ‘‘ITC’’) issues a final                                                                                                                  beveled or rounded at the edges). For
                                                                                                                                   This determination is issued and
                                                    affirmative injury determination, we                                                                                                                     purposes of the width and thickness
                                                                                                                                published pursuant to sections 705(d)                                        requirements referenced above:
                                                    will issue a CVD order and will reinstate
                                                                                                                                and 777(i) of the Act and 19 CFR                                                (1) Where the nominal and actual
                                                    the suspension of liquidation under
                                                                                                                                351.210(c).                                                                  measurements vary, a product is within the
                                                    section 706(a) of the Act and will
                                                                                                                                  Dated: May 24, 2016.                                                       scope if application of either the nominal or
                                                    require a cash deposit of estimated                                                                                                                      actual measurement would place it within
                                                    CVDs for such entries of subject                                            Paul Piquado,                                                                the scope based on the definitions set forth
                                                    merchandise in the amounts indicated                                        Assistant Secretary for Enforcement and                                      above, and
                                                    above, other than those produced and/                                       Compliance.                                                                     (2) where the width and thickness vary for
                                                    or exported by Arvedi and Marcegaglia                                                                                                                    a specific product (e.g., the thickness of
                                                                                                                                Appendix I—List of Topics Discussed in                                       certain products with non-rectangular cross-
                                                    because those companies rates are de                                        the Issues and Decision Memorandum
                                                    minimis. Because Arvedi and                                                                                                                              section, the width of certain products with
                                                                                                                                I. Summary                                                                   non-rectangular shape, etc.), the
                                                    Marcegaglia were found to receive de                                                                                                                     measurement at its greatest width or
                                                                                                                                II. Background
                                                    minimis subsidies, they would be                                                                                                                         thickness applies.
                                                                                                                                III. Final Determination of Critical
                                                    excluded from the CVD order. If the ITC                                           Circumstances, in Part                                                    Steel products included in the scope of this
                                                    determines that material injury, or                                         IV. Scope of the Investigation                                               investigation are products in which: (1) Iron
                                                    threat of material injury, does not exist,                                  V. List of Issues                                                            predominates, by weight, over each of the
                                                    this proceeding will be terminated and                                      VI. Subsidies Valuation                                                      other contained elements; (2) the carbon
                                                    all estimated duties deposited as a result                                  VII. Use of Facts Otherwise Available and                                    content is 2 percent or less, by weight; and
                                                                                                                                      Adverse Inferences                                                     (3) none of the elements listed below exceeds
                                                    of the suspension of liquidation will be                                                                                                                 the quantity, by weight, respectively
                                                    refunded or canceled.                                                       VIII. Analysis of Programs
                                                                                                                                IX. Calculation of the All-Others Rate                                       indicated:
                                                                                                                                                                                                             • 2.50 percent of manganese, or
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    International Trade Commission                                              X. Analysis of Comments
                                                    Notification                                                                   Comment 1: Whether White Certificates                                     • 3.30 percent of silicon, or
                                                                                                                                      Are Countervailable                                                    • 1.50 percent of copper, or
                                                      In accordance with section 705(d) of                                         Comment 2: Whether the Program To                                         • 1.50 percent of aluminum, or
                                                    the Act, we will notify the ITC of our                                            Purchase Ferriera Di Servola Is Not                                    • 1.25 percent of chromium, or
                                                    determination. In addition, we are                                                Countervailable or Not Used During the                                 • 0.30 percent of cobalt, or
                                                                                                                                      POI                                                                    • 0.40 percent of lead, or
                                                      14 Other than entries produced and/or exported                               Comment 3: Whether To Include                                             • 2.00 percent of nickel, or
                                                    by Arvedi and Marcegaglia for which we calculated                                 Countervailable Programs From the Post-                                • 0.30 percent of tungsten (also called
                                                    de minimis rates in the Preliminary Determination.                                Preliminary Memo in Ilva’s AFA Rate                                       wolfram), or



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                                                                                   Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices                                                       35329

                                                    • 0.80 percent of molybdenum, or                        item numbers: 7210.90.1000, 7215.90.1000,              events occurred since the Preliminary
                                                    • 0.10 percent of niobium (also called                  7215.90.3000, 7215.90.5000, 7217.20.1500,              Determination was issued.
                                                       columbium), or                                       7217.30.1530, 7217.30.1560, 7217.90.1000,                 In April 2016, the Department
                                                    • 0.30 percent of vanadium, or                          7217.90.5030, 7217.90.5060, 7217.90.5090,              received revised databases from JSW 2
                                                    • 0.30 percent of zirconium                             7225.91.0000, 7225.92.0000, 7225.99.0090,
                                                                                                                                                                   and Uttam Galva Steels Ltd. (‘‘Uttam
                                                       Unless specifically excluded, products are           7226.99.0110, 7226.99.0130, 7226.99.0180,
                                                                                                            7228.60.6000, 7228.60.8000, and
                                                                                                                                                                   Galva’’), the mandatory respondents in
                                                    included in this scope regardless of levels of
                                                                                                            7229.90.1000.                                          this investigation.
                                                    boron and titanium.
                                                       For example, specifically included in this              The HTSUS subheadings above are                        Additionally, in April 2016,
                                                    scope are vacuum degassed, fully stabilized             provided for convenience and customs                   Petitioners,3 JSW, and Uttam Galva
                                                    (commonly referred to as interstitial-free              purposes only. The written description of the          submitted case briefs 4 and rebuttal
                                                    (‘‘IF’’)) steels and high strength low alloy            scope of the investigation is dispositive.             briefs.5 A hearing was held on May 4,
                                                    (‘‘HSLA’’) steels. IF steels are recognized as          [FR Doc. 2016–12971 Filed 6–1–16; 8:45 am]             2016.
                                                    low carbon steels with micro-alloying levels
                                                                                                            BILLING CODE 3510–DS–P
                                                                                                                                                                      Also, as explained in the
                                                    of elements such as titanium and/or niobium                                                                    memorandum from the Acting Assistant
                                                    added to stabilize carbon and nitrogen                                                                         Secretary for Enforcement and
                                                    elements. HSLA steels are recognized as                                                                        Compliance, the Department exercised
                                                    steels with micro-alloying levels of elements           DEPARTMENT OF COMMERCE
                                                                                                                                                                   its authority to toll all administrative
                                                    such as chromium, copper, niobium,
                                                    titanium, vanadium, and molybdenum.                     International Trade Administration                     deadlines due to the recent closure of
                                                       Furthermore, this scope also includes                                                                       the Federal Government.6 As a
                                                    Advanced High Strength Steels (‘‘AHSS’’)                [A–533–863]                                            consequence, all deadlines in this
                                                    and Ultra High Strength Steels (‘‘UHSS’’),                                                                     segment of the proceeding have been
                                                    both of which are considered high tensile               Certain Corrosion-Resistant Steel                      extended by four business days. The
                                                    strength and high elongation steels.                    Products From India: Final                             revised deadline for the final results is
                                                       Subject merchandise also includes                                                                           now May 24, 2016.
                                                                                                            Determination of Sales at Less Than
                                                    corrosion-resistant steel that has been further
                                                    processed in a third country, including but             Fair Value and Final Negative                          Scope of the Investigation
                                                    not limited to annealing, tempering, painting,          Determination of Critical
                                                                                                            Circumstances                                             The product covered by this
                                                    varnishing, trimming, cutting, punching and/
                                                    or slitting or any other processing that would                                                                 investigation is corrosion-resistant steel
                                                    not otherwise remove the merchandise from               AGENCY:   Enforcement and Compliance,                  from the India. For a complete
                                                    the scope of the investigation if performed in          International Trade Administration,                    description of the scope of this
                                                    the country of manufacture of the in-scope              Department of Commerce.                                investigation, see the ‘‘Scope of the
                                                    corrosion resistant steel.                              SUMMARY: The Department of Commerce                    Investigation,’’ in Appendix I of this
                                                       All products that meet the written physical                                                                 notice.
                                                    description, and in which the chemistry
                                                                                                            (‘‘the Department’’) determines that
                                                    quantities do not exceed any one of the noted           certain corrosion-resistant steel                      Scope Comments
                                                    element levels listed above, are within the             products (‘‘corrosion-resistant steel’’)
                                                                                                                                                                     In accordance with the Preliminary
                                                    scope of this investigation unless specifically         from India is being, or is likely to be,
                                                                                                                                                                   Scope Determination,7 the Department
                                                    excluded. The following products are outside            sold in the United States at less than fair
                                                    of and/or specifically excluded from the                value (‘‘LTFV’’), as provided in section                  2 We refer to JSW Steel Ltd. (‘‘JSWSL’’) and its
                                                    scope of this investigation:                            735(a) of the Tariff Act of 1930, as                   wholly-owned affiliate JSW Steel Coated Products
                                                       • Flat-rolled steel products either plated or        amended (‘‘the Act’’). The period of                   Limited (‘‘JSCPL’’) collectively as ‘‘JSW.’’
                                                    coated with tin, lead, chromium, chromium
                                                                                                            investigation (‘‘POI’’) is April 1, 2014,                 3 Petitioners are United States Steel Corporation,
                                                    oxides, both tin and lead (‘‘terne plate’’), or                                                                Nucor Corporation, ArcelorMittal USA, AK Steel
                                                    both chromium and chromium oxides (‘‘tin                through March 31, 2015. The final
                                                                                                                                                                   Corporation, Steel Dynamics, Inc., and California
                                                    free steel’’), whether or not painted,                  dumping margins of sales at LTFV are                   Steel Industries, Inc.
                                                    varnished or coated with plastics or other              listed below in the ‘‘Final                               4 See Letter to the Secretary of Commerce from

                                                    non-metallic substances in addition to the              Determination’’ section of this notice.                Petitioners, ‘‘Case Brief of Petitioners’’ (April 18,
                                                    metallic coating;                                                                                              2016); Letter to the Secretary of Commerce from
                                                                                                            DATES:   Effective Date: June 2, 2016.                 JSW, ‘‘JSW’s Resubmitted Case Brief’’ (April 21,
                                                       • Clad products in straight lengths of
                                                                                                                                                                   2016); and Letter to the Secretary of Commerce from
                                                    4.7625 mm or more in composite thickness                FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                   Uttam Galva, ‘‘Uttam Galva Steels Limited’s Case
                                                    and of a width which exceeds 150 mm and                 Kabir Archuletta or Ryan Mullen, AD/                   Brief’’ (April 19, 2016).
                                                    measures at least twice the thickness; and              CVD Operations, Office V, Enforcement                     5 See Letter to the Secretary of Commerce from
                                                       • Certain clad stainless flat-rolled                 and Compliance, International Trade                    Petitioners, ‘‘Petitioners’ Rebuttal Brief’’ (April 25,
                                                    products, which are three-layered corrosion-            Administration, U.S. Department of                     2016); Letter to the Secretary of Commerce from
                                                    resistant flat-rolled steel products less than                                                                 JSW, ‘‘JSW’s Rebuttal Brief’’ (April 25, 2016); and
                                                    4.75 mm in composite thickness that consist
                                                                                                            Commerce, 14th Street and Constitution                 Letter to the Secretary of Commerce from Uttam
                                                    of a flat-rolled steel product clad on both             Avenue NW., Washington, DC 20230;                      Galva, ‘‘Uttam Galva Steels Limited’s Rebuttal
                                                    sides with stainless steel in a 20%-60%-20%             telephone: (202) 482–2593 or (202) 482–                Brief’’ (April 25, 2016) .
                                                                                                                                                                      6 See Memorandum to the File from Ron
                                                    ratio.                                                  5260, respectively.
                                                                                                                                                                   Lorentzen, Acting A/S for Enforcement &
                                                       The products subject to the investigation            SUPPLEMENTARY INFORMATION:                             Compliance, ‘‘Tolling of Administrative Deadlines
                                                    are currently classified in the Harmonized                                                                     As a Result of the Government Closure During
                                                    Tariff Schedule of the United States                    Background                                             Snowstorm Jonas’’ dated January 27, 2016.
                                                    (‘‘HTSUS’’) under item numbers:                                                                                   7 See Memorandum to Gary Taverman, Associate
                                                    7210.30.0030, 7210.30.0060, 7210.41.0000,                  On January 4, 2016, the Department
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                   Deputy Assistant Secretary for Antidumping and
                                                    7210.49.0030, 7210.49.0091, 7210.49.0095,               published the Preliminary                              Countervailing Duty Operations, ‘‘Certain
                                                    7210.61.0000, 7210.69.0000, 7210.70.6030,               Determination of this antidumping duty                 Corrosion-Resistant Steel Products From the
                                                    7210.70.6060, 7210.70.6090, 7210.90.6000,               (‘‘AD’’) investigation.1 The following                 People’s Republic of China, India, Italy, the
                                                    7210.90.9000, 7212.20.0000, 7212.30.1030,                                                                      Republic of Korea, and Taiwan: Scope Comments
                                                                                                                                                                   Decision Memorandum for the Preliminary
                                                    7212.30.1090, 7212.30.3000, 7212.30.5000,                  1 See Certain Corrosion-Resistant Steel Products    Determinations,’’ dated December 21, 2015
                                                    7212.40.1000, 7212.40.5000, 7212.50.0000,               from India: Affirmative Preliminary Determination      (‘‘Preliminary Scope Decision Memorandum’’). See
                                                    and 7212.60.0000.                                       of Sales at Less Than Fair Value and Postponement      also Memorandum to the File, ‘‘Certain Corrosion-
                                                       The products subject to the investigation            of Final Determination, 81 FR 63 (January 4, 2016)     Resistant Steel Products From the People’s Republic
                                                    may also enter under the following HTSUS                (‘‘Preliminary Determination’’).                                                                    Continued




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Document Created: 2016-06-02 01:23:13
Document Modified: 2016-06-02 01:23:13
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
ContactBob Palmer, Irene Gorelik, and Katie Marksberry, 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 202.482.9068, 202.482.6905, and 202.482.7906, respectively.
FR Citation81 FR 35326 

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