81 FR 35329 - Certain Corrosion-Resistant Steel Products From India: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 106 (June 2, 2016)
International Trade Administration
Federal Register Volume 81, Issue 106 (June 2, 2016)
| Page Range | 35329-35332 | |
| FR Document | 2016-12986 |
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)] [Notices] [Pages 35329-35332] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12986] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-863] Certain Corrosion-Resistant Steel Products From India: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``the Department'') determines that certain corrosion-resistant steel products (``corrosion-resistant steel'') from India is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 735(a) of the Tariff Act of 1930, as amended (``the Act''). The period of investigation (``POI'') is April 1, 2014, through March 31, 2015. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice. DATES: Effective Date: June 2, 2016. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Ryan Mullen, 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- 2593 or (202) 482-5260, respectively. SUPPLEMENTARY INFORMATION: Background On January 4, 2016, the Department published the Preliminary Determination of this antidumping duty (``AD'') investigation.\1\ The following events occurred since the Preliminary Determination was issued. --------------------------------------------------------------------------- \1\ See Certain Corrosion-Resistant Steel Products from India: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 63 (January 4, 2016) (``Preliminary Determination''). --------------------------------------------------------------------------- In April 2016, the Department received revised databases from JSW \2\ and Uttam Galva Steels Ltd. (``Uttam Galva''), the mandatory respondents in this investigation. --------------------------------------------------------------------------- \2\ We refer to JSW Steel Ltd. (``JSWSL'') and its wholly-owned affiliate JSW Steel Coated Products Limited (``JSCPL'') collectively as ``JSW.'' --------------------------------------------------------------------------- Additionally, in April 2016, Petitioners,\3\ JSW, and Uttam Galva submitted case briefs \4\ and rebuttal briefs.\5\ A hearing was held on May 4, 2016. --------------------------------------------------------------------------- \3\ Petitioners are United States Steel Corporation, Nucor Corporation, ArcelorMittal USA, AK Steel Corporation, Steel Dynamics, Inc., and California Steel Industries, Inc. \4\ See Letter to the Secretary of Commerce from Petitioners, ``Case Brief of Petitioners'' (April 18, 2016); Letter to the Secretary of Commerce from JSW, ``JSW's Resubmitted Case Brief'' (April 21, 2016); and Letter to the Secretary of Commerce from Uttam Galva, ``Uttam Galva Steels Limited's Case Brief'' (April 19, 2016). \5\ See Letter to the Secretary of Commerce from Petitioners, ``Petitioners' Rebuttal Brief'' (April 25, 2016); Letter to the Secretary of Commerce from JSW, ``JSW's Rebuttal Brief'' (April 25, 2016); and Letter to the Secretary of Commerce from Uttam Galva, ``Uttam Galva Steels Limited's Rebuttal Brief'' (April 25, 2016) . --------------------------------------------------------------------------- Also, as explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department exercised its authority to toll all administrative deadlines due to the recent closure of the Federal Government.\6\ As a consequence, all deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final results is now May 24, 2016. --------------------------------------------------------------------------- \6\ See Memorandum to the File from Ron Lorentzen, Acting A/S for Enforcement & Compliance, ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas'' dated January 27, 2016. --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is corrosion-resistant steel from the India. For a complete description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I of this notice. Scope Comments In accordance with the Preliminary Scope Determination,\7\ the Department [[Page 35330]] set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues. --------------------------------------------------------------------------- \7\ See Memorandum to Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Corrosion-Resistant Steel Products From the People's Republic of China, India, Italy, the Republic of Korea, and Taiwan: Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated December 21, 2015 (``Preliminary Scope Decision Memorandum''). See also Memorandum to the File, ``Certain Corrosion-Resistant Steel Products From the People's Republic of China, India, Italy, the Republic of Korea, and Taiwan: Correction to Preliminary Determination Scope Memorandum,'' dated January 29, 2016. --------------------------------------------------------------------------- For a summary of the product coverage comments and rebuttal responses submitted to the record of this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Decision Memorandum.\8\ The Final Scope Decision Memorandum is incorporated by, and hereby adopted by, this notice. --------------------------------------------------------------------------- \8\ 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. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice.\9\ A list of the issues raised is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the Central Records Unit, Room B-8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \9\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations ``Issues and Decision Memorandum for the Final Determination of the Antidumping Duty Investigation of Certain Corrosion-Resistant Steel Products from India'' (May 24, 2016) (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, in January, February, and March 2016, the Department verified the sales and cost data reported by the mandatory respondents, pursuant to section 782(i) of the Act. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Respondents.\10\ --------------------------------------------------------------------------- \10\ See Memorandum to the File, through Neal Halper, Office Director, and Peter Scholl, Lead Accountant, from Ji Young Oh, Senior Accountant, ``Verification of the Cost Response of JSW Steel Limited and JSW Steel Coated Products Limited in the Antidumping Duty Investigation of Certain Corrosion-Resistant Steel Flat Products from India'' (April 7, 2016); Memorandum to the File, through Neal Halper, Office Director, and Peter Scholl, Lead Accountant, from Alma Sepulveda, Senior Accountant, and Laurens van Houten, Senior Accountant, ``Verification of the Cost Response of Uttam Galva Steels Limited in the Antidumping Duty Investigation of Certain Corrosion-Resistant Steel Flat Products from India'' (March 23, 2016); Memorandum to the File, through Catherine Bertrand, Program Manager, Office V, from Kabir Archuletta, Senior International Trade Analyst, Ryan Mullen, International Trade Analyst, and Jessica Weeks, International Trade Analyst, ``Verification of JSW Steel Ltd. and JSW Coated Steel Products in the Antidumping Duty Investigation of Certain Corrosion-Resistant Steel from India'' (April 7, 2016); Memorandum to the File, through Catherine Bertrand, Program Manager, Office V, from Ryan Mullen, International Trade Analyst, ``Verification of Home Market and U.S. Sales of Uttam Galva Steels Limited in the Antidumping Duty Investigation of Certain Corrosion-Resistant Steel Products from India'' (April 7, 2016); and Memorandum to the File, through Catherine Bertrand, Program Manager, Office V, from Ryan Mullen, International Trade Analyst, ``Verification of U.S. Sales of Uttam Galva North America in the Antidumping Duty Investigation of Certain Corrosion-Resistant Steel Products from India'' (April 7, 2016). --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for JSW and Uttam Galva. For a discussion of these changes, see the ``Margin Calculations'' and ``Comparisons to Fair Value'' sections of the Issues and Decision Memorandum. We have also revised the all-others rate. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all- others rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding any zero or de minimis margins, and margins determined entirely under section 776 of the Act. Therefore, we calculated the all-others rate based on a weighted average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration.\11\ --------------------------------------------------------------------------- \11\ With two respondents, we would normally calculate (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration. We would compare (B) and (C) to (A) and select the rate closest to (A) as the most appropriate rate for all other companies. See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). --------------------------------------------------------------------------- Final Determination The Department determines that the final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/producer margin (percent) ------------------------------------------------------------------------ JSW: \12\................................................... 4.44 JSW Steel Ltd JSW Coated Products Limited Uttam Galva: \13\........................................... 3.05 Uttam Galva Steels Limited.............................. Uttam Value Steels Limited.............................. Atlantis International Services Company Ltd Uttam Galva Steels, Netherlands, B.V Uttam Galva Steels (BVI) Limited All-Others.................................................. 3.86 ------------------------------------------------------------------------ Disclosure --------------------------------------------------------------------------- \12\ We find JSWSL and its wholly-owned affiliated JSCPL, (collectively ``JSW'') are affiliated and have met the criteria to be collapsed. See Memorandum to the File, through Catherine Bertrand, Program Manager, Enforcement and Compliance, Office V, from Kabir Archuletta, Senior International Trade Analyst, Enforcement and Compliance, Office V, ``Antidumping Duty Investigation of Certain Corrosion Resistant Steel Products from India: JSW Affiliation and Collapsing Memorandum,'' dated concurrently with this determination. Therefore, we will assign one rate to these companies. \13\ We find Uttam Galva to be affiliated with these companies and that they have met the criteria to be treated as a single entity. For further discussion of this issue, which includes business proprietary information, see Memorandum to James C. Doyle, Director, Office V, through Catherine Bertrand, Program Manager, Office V, from Ryan Mullen, International Trade Analyst, Office V, ``Antidumping Duty Investigation of Certain Corrosion Resistant Steel Products from India: Uttam Galva Affiliation and Single Entity Memorandum,'' dated concurrently with this determination. Therefore, we will assign one rate to these companies. --------------------------------------------------------------------------- We will disclose the calculations performed to interested parties within five days of the public announcement of this final determination in accordance with 19 CFR 351.224(b). Final Negative Determination of Critical Circumstances On October 29, 2015, the Department found that critical circumstances do not exist for imports exported by JSW, Uttam Galva, and ``all others.'' \14\ Based [[Page 35331]] on the final dumping margins of JSW and Uttam Galva and further analysis following the Preliminary Critical Circumstances Determination, we are not modifying our findings for the final determination. For a complete discussion of this issue, see the ``Negative Finding of Critical Circumstances'' section of the Issues and Decision Memorandum. --------------------------------------------------------------------------- \14\ 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 Determination of Critical Circumstances, 80 FR 68504, (November 5, 2015). --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (``CBP'') to continue to suspend liquidation of all appropriate entries of corrosion- resistant steel from India, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after January 4, 2016, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Further, CBP shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price, as follows: (1) For the exporters/producers listed in the table above, the cash deposit rates will be equal to the dumping margin which the Department determined in this final determination; (2) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; (3) the rate for all other producers or exporters will be 4.03 percent. These instructions suspending liquidation will remain in effect until further notice. Pursuant to section 733 (d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which the NV exceeds U.S. price as indicated in the chart above,\15\ adjusted where appropriate for export subsidies,\16\ as follows: (1) The rate for JSW, when adjusted for export subsidies, is 0.49 percent; (2) the rate for Uttam Galva, when adjusted for export subsidies, is 0.00 percent; (3) the rate for all other producers or exporters, when adjusted for export subsidies, is 0.00 percent. --------------------------------------------------------------------------- \15\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). \16\ See section 772(c)(1)(C) of the Act. Unlike in administrative reviews, the Department calculates the adjustment for export subsidies in investigations not in the margin calculation program, but in the cash deposit instructions issued to CBP. See Notice of Final Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and accompanying Issues and Decision Memorandum at Comment 1. --------------------------------------------------------------------------- The instructions suspending liquidation will remain in effect until further notice. ITC Notification In accordance with section 735(d) of the Act, we will notify the ITC of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of corrosion-resistant steel from India no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders (``APO'') This notice serves as a reminder to parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 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 the terms of an APO is a violation subject to sanction. This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. Dated: May 24, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--Scope of the Investigation The products covered by this investigation are certain flat- rolled steel products, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non-metallic substances in addition to the metallic coating. The products covered include coils that have a width of 12.7 mm or greater, regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products covered also include products not in coils (e.g., in straight lengths) of a thickness of 4.75 mm or more and a width exceeding 150 mm and measuring at least twice the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non- rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above, and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross- section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated:2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.00 percent of nickel, or 0.30 percent of tungsten (also called wolfram), or 0.80 percent of molybdenum, or 0.10 percent of niobium (also called columbium), or 0.30 percent of vanadium, or 0.30 percent of zirconium Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial- free (``IF'')) steels and high strength low alloy (``HSLA'') steels. IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Furthermore, this scope also includes Advanced High Strength Steels (``AHSS'') and Ultra High Strength Steels (``UHSS''), [[Page 35332]] 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. Appendix II--List of Topics Discussed in the Issues and Decision Memorandum 1. Summary 2. Background 3. Period of Investigation 4. Margin Calculations 5. Comparisons to Fair Value 6. List of Comments 7. Discussion of Comments Comment 1: Duty Drawback Comment 2: Date of Sale Comment 3: Revision of Uttam Galva's Yield Strength Product Characteristics Comment 4: JSW's Sales Below Cost Comment 5: Export Subsidy Offset Deduction for Duty Drawback Subsidy Rates Comment 6: JSW's Forward Exchange Rate Contracts Comment 7: Treatment of JSW's Domestic Brokerage and Handling Comment 8: Adjustments for JSW Verification Findings Comment 9: JSW's POI Material Costs Comment 10: Uttam Galva's Cost of Production Minor Corrections Comment 11: JSW Royalty Expense Comment 12: Ministerial Errors Comment 13: Uttam Galva's Differential Pricing Analysis 8. Negative Finding of Critical Circumstances 9. Conclusion [FR Doc. 2016-12986 Filed 6-1-16; 8:45 am] BILLING CODE 3510-DS-P
![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
VerDate Sep<11>2014 18:30 Jun 01, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\02JNN1.SGM 02JNN1](https://thefederalregister.org/doc/81_FR_35435/page/1.svg)
![35332 Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
both of which are considered high tensile Comment 1: Duty Drawback Period of Investigation
strength and high elongation steels. Comment 2: Date of Sale
Subject merchandise also includes Comment 3: Revision of Uttam Galva’s The period of investigation is July 1,
corrosion-resistant steel that has been further Yield Strength Product Characteristics 2015, through December 31, 2015.
processed in a third country, including but Comment 4: JSW’s Sales Below Cost Postponement of Preliminary
not limited to annealing, tempering, painting, Comment 5: Export Subsidy Offset
Deduction for Duty Drawback Subsidy
Determination
varnishing, trimming, cutting, punching and/
or slitting or any other processing that would Rates Section 733(c)(1)(A) of the Act
not otherwise remove the merchandise from Comment 6: JSW’s Forward Exchange Rate permits the Department to postpone the
the scope of the investigation if performed in Contracts time limit for the preliminary
the country of manufacture of the in-scope Comment 7: Treatment of JSW’s Domestic determination if it receives a timely
corrosion resistant steel. Brokerage and Handling
Comment 8: Adjustments for JSW
request from the petitioner for
All products that meet the written physical
description, and in which the chemistry Verification Findings postponement. The Department may
quantities do not exceed any one of the noted Comment 9: JSW’s POI Material Costs postpone the preliminary determination
element levels listed above, are within the Comment 10: Uttam Galva’s Cost of under section 733(c)(1) of the Act no
scope of this investigation unless specifically Production Minor Corrections later than 190 days after the date on
excluded. The following products are outside Comment 11: JSW Royalty Expense which the administering authority
of and/or specifically excluded from the Comment 12: Ministerial Errors initiates an investigation.
scope of this investigation: Comment 13: Uttam Galva’s Differential On May 20, 2016, United Steel, Paper
• Flat-rolled steel products either plated or Pricing Analysis
and Forestry, Rubber, Manufacturing,
coated with tin, lead, chromium, chromium 8. Negative Finding of Critical Circumstances
9. Conclusion Energy, Allied Industrial and Service
oxides, both tin and lead (‘‘terne plate’’), or
Workers International Union, AFL–CIO,
both chromium and chromium oxides (‘‘tin [FR Doc. 2016–12986 Filed 6–1–16; 8:45 am]
free steel’’), whether or not painted, CLC (the petitioner) made a timely
BILLING CODE 3510–DS–P
varnished or coated with plastics or other request under 19 CFR 351.205(e) for a
non-metallic substances in addition to the 50-day postponement of the preliminary
metallic coating; determination of this investigation.3 The
DEPARTMENT OF COMMERCE
• Clad products in straight lengths of petitioner states that a postponement is
4.7625 mm or more in composite thickness necessary given a very large number of
International Trade Administration
and of a width which exceeds 150 mm and separate rate applications and the need
measures at least twice the thickness; and [A–570–040] for additional time to analyze responses
• Certain clad stainless flat-rolled
from the two selected respondents.4
products, which are three-layered corrosion- Truck and Bus Tires From the People’s
resistant flat-rolled steel products less than
For the reasons stated above, and
Republic of China: Postponement of because there are no compelling reasons
4.75 mm in composite thickness that consist Preliminary Determination of
of a flat-rolled steel product clad on both to deny the petitioner’s request, the
Antidumping Duty Investigation Department is fully postponing the
sides with stainless steel in a 20%–60%–
20% ratio. AGENCY: Enforcement and Compliance, preliminary determination of this
The products subject to the investigation International Trade Administration, investigation in accordance with section
are currently classified in the Harmonized Department of Commerce. 733(c)(1)(A) of the Act and 19 CFR
Tariff Schedule of the United States 351.205(b)(2) and (e) to August 26, 2016.
(‘‘HTSUS’’) under item numbers: DATES: Effective Date: June 2, 2016.
FOR FURTHER INFORMATION CONTACT:
The deadline for the final determination
7210.30.0030, 7210.30.0060, 7210.41.0000,
7210.49.0030, 7210.49.0091, 7210.49.0095, Yang Jin Chun or Andre Gziryan, AD/ will continue to be 75 days after the
7210.61.0000, 7210.69.0000, 7210.70.6030, CVD Operations Office I, Enforcement date of the preliminary determination,
7210.70.6060, 7210.70.6090, 7210.90.6000, and Compliance, International Trade unless extended.
7210.90.9000, 7212.20.0000, 7212.30.1030, This notice is issued and published
Administration, U.S. Department of
7212.30.1090, 7212.30.3000, 7212.30.5000, pursuant to section 733(c)(2) of the Act
Commerce, 1401 Constitution Avenue
7212.40.1000, 7212.40.5000, 7212.50.0000, and 19 CFR 351.205(f)(1).
and 7212.60.0000. NW., Washington, DC 20230; telephone:
(202) 482–5760 and (202) 482–2201, Dated: May 26, 2016.
The products subject to the investigation
may also enter under the following HTSUS respectively. Paul Piquado,
item numbers: 7210.90.1000, 7215.90.1000, SUPPLEMENTARY INFORMATION: Assistant Secretary For Enforcement and
7215.90.3000, 7215.90.5000, 7217.20.1500, Compliance.
7217.30.1530, 7217.30.1560, 7217.90.1000, Background [FR Doc. 2016–13044 Filed 6–1–16; 8:45 am]
7217.90.5030, 7217.90.5060, 7217.90.5090, On February 18, 2016, the Department BILLING CODE 3510–DS–P
7225.91.0000, 7225.92.0000, 7225.99.0090,
7226.99.0110, 7226.99.0130, 7226.99.0180,
of Commerce (the Department) initiated
7228.60.6000, 7228.60.8000, and the antidumping duty investigation of
7229.90.1000. truck and bus tires from the People’s DEPARTMENT OF COMMERCE
The HTSUS subheadings above are Republic of China.1 The Initiation
provided for convenience and customs Notice stated that the Department would National Oceanic and Atmospheric
purposes only. The written description of the issue its preliminary determination for Administration
scope of the investigation is dispositive. this investigation no later than 140 days Submission for OMB Review;
Appendix II—List of Topics Discussed after the date of the initiation in Comment Request
accordance with section 733(b)(1)(A) of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
in the Issues and Decision
Memorandum the Tariff Act of 1930, as amended (the The Department of Commerce will
Act), and 19 CFR 351.205(b)(1), unless submit to the Office of Management and
1. Summary postponed.2 Budget (OMB) for clearance the
2. Background
3. Period of Investigation 1 See Truck and Bus Tires From the People’s 3 See Truck and Bus Tires from the People’s
4. Margin Calculations Republic of China: Initiation of Antidumping Duty Republic of China (A–570–040): Petitioner’s
5. Comparisons to Fair Value Investigation, 81 FR 9434 (February 25, 2016) Request to Extend the Preliminary Determination
6. List of Comments (Initiation Notice). dated May 20, 2016.
7. Discussion of Comments 2 Id., 81 FR at 9438. 4 Id.
VerDate Sep<11>2014 18:30 Jun 01, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\02JNN1.SGM 02JNN1](https://thefederalregister.org/doc/81_FR_35435/page/4.svg)
Document Created: 2016-06-02 01:22:39
Document Modified: 2016-06-02 01:22:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Kabir Archuletta or Ryan Mullen, 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- 2593 or (202) 482-5260, respectively. | |
| FR Citation | 81 FR 35329 |
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