81 FR 45955 - Certain Cold-Rolled Steel Flat Products From Japan and the People's Republic of China: Antidumping Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 135 (July 14, 2016)
International Trade Administration
Federal Register Volume 81, Issue 135 (July 14, 2016)
| Page Range | 45955-45960 | |
| FR Document | 2016-16798 |
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)] [Notices] [Pages 45955-45960] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16798] [[Page 45955]] Vol. 81 Thursday, No. 135 July 14, 2016 Part VII Department of Commerce ----------------------------------------------------------------------- International Trade Administration ----------------------------------------------------------------------- Certain Cold-Rolled Steel Flat Products From Japan and the People's Republic of China: Antidumping Duty Orders and Certain Cold-Rolled Steel Flat Products From the People's Republic of China: Countervailing Duty Order; Notices Federal Register / Vol. 81 , No. 135 / Thursday, July 14, 2016 / Notices [[Page 45956]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-588-873, A-570-029] Certain Cold-Rolled Steel Flat Products From Japan and the People's Republic of China: Antidumping Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing antidumping duty orders on certain cold- rolled steel flat products from Japan and the People's Republic of China (PRC). DATES: Effective Date: July 14, 2016. FOR FURTHER INFORMATION CONTACT: Trisha Tran at (202) 482-4852 (Japan), Scott Hoefke at 202-482-4947 (PRC), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on May 24, 2016, the Department published the final determinations of sales at less than fair value in the antidumping duty investigations of certain cold- rolled steel flat products from Japan and the PRC.\1\ On July 7, 2016, the ITC notified the Department of its final determination pursuant to section 735(b)(1)(A)(i) of the Act, that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of certain cold-rolled steel flat products from Japan and the PRC.\2\ In addition, the ITC notified the Department of its final determination that critical circumstances do not exist with respect to imports of subject merchandise from Japan and the PRC that are subject to the Department's final affirmative critical circumstances findings.\3\ --------------------------------------------------------------------------- \1\ Certain Cold-Rolled Steel Flat Products From Japan: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 81 FR 32721 (May 24, 2016) (Final Determination) and accompanying Issues and Decision Memorandum, see also Certain Cold-Rolled Steel Flat Products from the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, 81 FR 32721 (May 24, 2016) (PRC Final Determination) 81 FR 32725 (May 24, 2016) and accompanying Issues and Decision Memorandum. \2\ See Letter to Christian Marsh, Deputy Assistant Secretary of Commerce for Enforcement and Compliance, from Irving A. Williamson, Chairman of the U.S. International Trade Commission, regarding certain cold-rolled steel flat products from China and Japan (July 7, 2016) (ITC Letter). See also Cold-Rolled Steel Flat Products from China and Japan (Investigation Nos. 701-TA-541 and 731-TA-1284 and 1286 (Final), USITC Publication 4619, July 2016) (Final). \3\ Id. --------------------------------------------------------------------------- Scope of the Order: Japan The products covered by this order are certain cold-rolled (cold- reduced), flat-rolled steel products, whether or not annealed, painted, varnished, or coated with plastics or other non-metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (``width'') of 12.7 mm or greater, regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products covered also include products not in coils (e.g., in straight lengths) of a thickness of 4.75 mm or more and a width exceeding 150 mm and measuring at least twice the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non- rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above, and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross- section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this order are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated:2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.00 percent of nickel, or 0.30 percent of tungsten (also called wolfram), or 0.80 percent of molybdenum, or 0.10 percent of niobium (also called columbium), or 0.30 percent of vanadium, or 0.30 percent of zirconium Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial-free (``IF'')) steels, high strength low alloy (``HSLA'') steels, motor lamination steels, Advanced High Strength Steels (``AHSS''), and Ultra High Strength Steels (``UHSS''). IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Motor lamination steels contain micro-alloying levels of elements such as silicon and aluminum. AHSS and UHSS are considered high tensile strength and high elongation steels, although AI-ISS and UHSS are covered whether or not they are high tensile strength or high elongation steels. Subject merchandise includes cold-rolled steel that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the order if performed in the country of manufacture of the cold-rolled steel. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this order unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of this order: Ball bearing steels; \4\ --------------------------------------------------------------------------- \4\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- [[Page 45957]] Tool steels; \5\ --------------------------------------------------------------------------- \5\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steel; \6\ --------------------------------------------------------------------------- \6\ Silico-manganese steel is defined as steels containing by weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or more but not more than 1.9 percent of manganese, and (iii) 0.6 percent or more but not more than 2.3 percent of silicon. --------------------------------------------------------------------------- Grain-oriented electrical steels (``GOES'') as defined in the final determination of the U.S. Department of Commerce in Grain- Oriented Electrical Steel From Germany, Japan, and Poland.\7\ --------------------------------------------------------------------------- \7\ See Grain-Oriented Electrical Steel From Germany, Japan, and Poland: Final Determinations of Sales at Less Than Fair Value and Certain Final Affirmative Determination of Critical Circumstances, 79 FR 42,501, 42,503 (July 22, 2014) (``Grain-Oriented Electrical Steel From Germany, Japan, and Poland''). This determination defines grain-oriented electrical steel as ``a flat-rolled alloy steel product containing by weight at least 0.6 percent but not more than 6 percent of silicon, not more than 0.08 percent of carbon, not more than 1.0 percent of aluminum, and no other element in an amount that would give the steel the characteristics of another alloy steel, in coils or in straight lengths.'' --------------------------------------------------------------------------- Non-Oriented Electrical Steels (``NOES''), as defined in the antidumping orders issued by the U.S. Department of Commerce in Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\8\ --------------------------------------------------------------------------- \8\ See Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan: Antidumping Duty Orders, 79 FR 71,741, 71,741-42 (December 3, 2014) (``Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan''). The orders define NOES as ``cold-rolled, flat-rolled, alloy steel products, whether or not in coils, regardless of width, having an actual thickness of 0.20 mm or more, in which the core loss is substantially equal in any direction of magnetization in the plane of the material. The term `substantially equal' means that the cross grain direction of core loss is no more than 1.5 times the straight grain direction (i.e., the rolling direction) of core loss. NOES has a magnetic permeability that does not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e., parallel to) the rolling direction of the sheet (i.e., B800 value). NOES contains by weight more than 1.00 percent of silicon but less than 3.5 percent of silicon, not more than 0.08 percent of carbon, and not more than 1.5 percent of aluminum. NOES has a surface oxide coating, to which an insulation coating may be applied.'' Also excluded from the scope of this order is ultra-tempered automotive steel, which is hardened, tempered, surface polished, and meets the following specifications: Thickness: less than or equal to 1.0 mm; Width: less than or equal to 330 mm; Chemical composition: ---------------------------------------------------------------------------------------------------------------- Element C Si Mn P S ---------------------------------------------------------------------------------------------------------------- Weight %............. 0.90-1.05 0.15-0.35 0.30-0.50 Less than or equal Less than or equal to 0.03. to 0.006. ---------------------------------------------------------------------------------------------------------------- Physical properties: Width less than or equal to 150mm......... Flatness of less than 0.2% of nominal strip width. Width of 150 to 330mm..................... Flatness of less than 5 mm of nominal strip width. Microstructure: Completely free from decarburization. Carbides are spheroidal and fine within 1% to 4% (area percentage) and are undissolved in the uniform tempered martensite; Surface roughness: Less than or equal to 0.80 [micro]m Rz; Non-metallic inclusion: [ssquf] Sulfide inclusion less than or equal to 0.04% (area percentage) [ssquf] Oxide inclusion less than or equal to 0.05% (area percentage); and The mill test certificate must demonstrate that the steel is proprietary grade ``PK'' and specify the following: [ssquf] The exact tensile strength, which must be greater than or equal to 1600 N/mm\2\; [ssquf] The exact hardness, which must be greater than or equal to 465 Vickers hardness number; [ssquf] The exact elongation, which must be between 2.5% and 9.5%; and [ssquf] Certified as having residual compressive stress within a range of 100 to 400 N/mm\2\. The products subject to this order are currently classified in the Harmonized Tariff Schedule of the United States (``HTSUS'') under item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The products subject to the order may also enter under the following HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings above are provided for convenience and CBP purposes only. The written description of the scope of the order is dispositive. Scope of the Order: PRC The products covered by this order are certain cold-rolled (cold- reduced), flat-rolled steel products, whether or not annealed, painted, varnished, or coated with plastics or other non-metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (``width'') of 12.7 mm or greater, regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., [[Page 45958]] 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 order are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated: 2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.00 percent of nickel, or 0.30 percent of tungsten (also called wolfram), or 0.80 percent of molybdenum, or 0.10 percent of niobium (also called columbium), or 0.30 percent of vanadium, or 0.30 percent of zirconium. Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial-free (IF)) steels, high strength low alloy (HSLA) steels, motor lamination steels, Advanced High Strength Steels (AHSS), and Ultra High Strength Steels (UHSS). IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Motor lamination steels contain micro-alloying levels of elements such as silicon and aluminum. AHSS and UHSS are considered high tensile strength and high elongation steels, although AHSS and UHSS are covered whether or not they are high tensile strength or high elongation steels. Subject merchandise includes cold-rolled steel that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the order if performed in the country of manufacture of the cold-rolled steel. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this order unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of this order: Ball bearing steels; \9\ --------------------------------------------------------------------------- \9\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- Tool steels; \10\ --------------------------------------------------------------------------- \10\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steel; \11\ --------------------------------------------------------------------------- \11\ Silico-manganese steel is defined as steels containing by weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or more but not more than 1.9 percent of manganese, and (iii) 0.6 percent or more but not more than 2.3 percent of silicon. --------------------------------------------------------------------------- Grain-oriented electrical steels (GOES) as defined in the final determination of the U.S. Department of Commerce in Grain- Oriented Electrical Steel From Germany, Japan, and Poland.\12\ --------------------------------------------------------------------------- \12\ See Grain-Oriented Electrical Steel From Germany, Japan, and Poland: Final Determinations of Sales at Less Than Fair Value and Certain Final Affirmative Determination of Critical Circumstances, 79 FR 42501, 42503 (Dep't of Commerce, July 22, 2014). This determination defines grain-oriented electrical steel as ``a flat-rolled alloy steel product containing by weight at least 0.6 percent but not more than 6 percent of silicon, not more than 0.08 percent of carbon, not more than 1.0 percent of aluminum, and no other element in an amount that would give the steel the characteristics of another alloy steel, in coils or in straight lengths.'' --------------------------------------------------------------------------- Non-Oriented Electrical Steels (NOES), as defined in the antidumping orders issued by the U.S. Department of Commerce in Non- Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\13\ --------------------------------------------------------------------------- \13\ See Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan: Antidumping Duty Orders, 79 FR 71741, 71741-42 (Dep't of Commerce, December 3, 2014). The orders define NOES as ``cold- rolled, flat-rolled, alloy steel products, whether or not in coils, regardless of width, having an actual thickness of 0.20 mm or more, in which the core loss is substantially equal in any direction of magnetization in the plane of the material. The term `substantially equal' means that the cross grain direction of core loss is no more than 1.5 times the straight grain direction (i.e., the rolling direction) of core loss. NOES has a magnetic permeability that does not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e., parallel to) the rolling direction of the sheet (i.e., B800 value). NOES contains by weight more than 1.00 percent of silicon but less than 3.5 percent of silicon, not more than 0.08 percent of carbon, and not more than 1.5 percent of aluminum. NOES has a surface oxide coating, to which an insulation coating may be applied.'' --------------------------------------------------------------------------- The products subject to this order are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The products subject to the order may also enter under the [[Page 45959]] following HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings above are provided for convenience and U.S. Customs purposes only. The written description of the scope of the order is dispositive. Antidumping Duty Order In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC has notified the Department of its final determination in this investigation, in which it found that imports of certain cold-rolled steel flat products from Japan and the PRC are materially injuring a U.S. industry.\14\ Therefore, in accordance with section 735(c)(2) of the Act, we are publishing these antidumping duty orders. Because the ITC determined that imports of certain cold-rolled steel flat products from Japan and the PRC are materially injuring a U.S. industry, unliquidated entries of such merchandise from Japan and the PRC, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. --------------------------------------------------------------------------- \14\ See ITC Letter. --------------------------------------------------------------------------- As a result of the ITC's final determination, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of certain cold-rolled steel flat products from Japan and the PRC. These antidumping duties will be assessed on unliquidated entries from Japan and the PRC entered, or withdrawn from warehouse, for consumption on or after March 7, 2016, the date on which the Department published the Preliminary Determinations,\15\ but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination, as further described below. --------------------------------------------------------------------------- \15\ See Certain Cold-Rolled Steel Flat Products From Japan: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances, 81 FR 11747 (March 7, 2016); Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, and Preliminary Affirmative Determination of Critical Circumstances, 71 FR 11751 (March 7, 2016) (collectively, Preliminary Determinations). --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on entries of subject merchandise from Japan and the PRC. We will also instruct CBP to require cash deposits equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart below, adjusted where appropriate for export subsidies and estimated domestic subsidy pass-through.\16\ These instructions suspending liquidation will remain in effect until further notice. --------------------------------------------------------------------------- \16\ See PRC Final Determination, 81 FR at 32726 (describing the adjustments to the antidumping duty margins in more detail); see also sections 772(c)(1)(C) and 777A(f) of the Act, respectively. 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, e.g., 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. --------------------------------------------------------------------------- We will also instruct CBP to require cash deposits at rates equal to the estimated weighted-average dumping margins indicated below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit at rates equal to the estimated weighted- average dumping margins listed below.\17\ The relevant all-others rate (for Japan) or the rate for the PRC-wide entity (for the PRC), as applicable, apply to all producers or exporters not specifically listed. For the purpose of determining cash deposit rates, the estimated weighted-average dumping margins for imports of subject merchandise from the PRC will be adjusted, as appropriate, for export subsidies found in the final determination of the companion countervailing duty investigation of this merchandise imported from the PRC.\18\ --------------------------------------------------------------------------- \17\ See section 736(a)(3) of the Act. \18\ See Certain Cold-Rolled Steel Flat Products From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Partial Affirmative Critical Circumstances Determination, 81 FR 32729 (May 24, 2016). --------------------------------------------------------------------------- Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. In the underlying investigation, the Department published the Preliminary Determinations on March 7, 2016.\19\ Therefore, the four- month period beginning on the date of the publication of the Preliminary Determinations ended on July 4, 2016. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of certain cold-rolled steel flat products from Japan and the PRC entered, or withdrawn from warehouse, for consumption after July 4, 2016, the date the provisional measures expired, and through the day preceding the date of publication of the ITC's final injury determination in the Federal Register. --------------------------------------------------------------------------- \19\ See Preliminary Determinations. --------------------------------------------------------------------------- Estimated Weighted-Average Dumping Margin The weighted-average antidumping duty margin percentages are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/producer margin (percent) ------------------------------------------------------------------------ Japan: JFE Steel Corporation..................................... 71.35 Nippon Steel & Sumitomo Metal Corporation................. 71.35 All-Others.................................................. 71.35 PRC: PRC-Wide Entity........................................... 265.79 ------------------------------------------------------------------------ Critical Circumstances With regard to the ITC's negative critical circumstances determination on imports of certain cold-rolled steel from Japan and the PRC, we will instruct CBP to lift suspension and to refund any cash deposit made to secure the payment of estimated antidumping duties with respect to entries of the merchandise entered, or withdrawn from warehouse, for consumption on or [[Page 45960]] after December 8, 2015 (i.e., 90 days prior to the date of publication of the preliminary determinations), but before March 7, 2016, the publication date of the preliminary determinations. Notification to Interested Parties This notice constitutes the antidumping duty orders with respect to certain cold-rolled steel flat products from Japan and the PRC pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://www.trade.gov/enforcement/. These orders are published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: July 11, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-16798 Filed 7-13-16; 8:45 am] BILLING CODE 3510-DS-P
![45956 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices
DEPARTMENT OF COMMERCE Department of its final determination listed below exceeds the quantity, by
that critical circumstances do not exist weight, respectively indicated:
International Trade Administration with respect to imports of subject • 2.50 percent of manganese, or
[A–588–873, A–570–029] merchandise from Japan and the PRC • 3.30 percent of silicon, or
that are subject to the Department’s final • 1.50 percent of copper, or
Certain Cold-Rolled Steel Flat Products affirmative critical circumstances • 1.50 percent of aluminum, or
From Japan and the People’s Republic findings.3 • 1.25 percent of chromium, or
of China: Antidumping Duty Orders • 0.30 percent of cobalt, or
Scope of the Order: Japan • 0.40 percent of lead, or
AGENCY: Enforcement and Compliance, The products covered by this order • 2.00 percent of nickel, or
International Trade Administration, are certain cold-rolled (cold-reduced), • 0.30 percent of tungsten (also called
Department of Commerce. flat-rolled steel products, whether or not wolfram), or
SUMMARY: Based on affirmative final annealed, painted, varnished, or coated • 0.80 percent of molybdenum, or
determinations by the Department of with plastics or other non-metallic • 0.10 percent of niobium (also called
Commerce (the Department) and the substances. The products covered do columbium), or
International Trade Commission (ITC), not include those that are clad, plated, • 0.30 percent of vanadium, or
the Department is issuing antidumping or coated with metal. The products • 0.30 percent of zirconium
duty orders on certain cold-rolled steel covered include coils that have a width Unless specifically excluded,
flat products from Japan and the or other lateral measurement (‘‘width’’) products are included in this scope
People’s Republic of China (PRC). of 12.7 mm or greater, regardless of form regardless of levels of boron and
DATES: Effective Date: July 14, 2016. of coil (e.g., in successively titanium.
FOR FURTHER INFORMATION CONTACT:
superimposed layers, spirally For example, specifically included in
Trisha Tran at (202) 482–4852 (Japan), oscillating, etc.). The products covered this scope are vacuum degassed, fully
Scott Hoefke at 202–482–4947 (PRC), also include products not in coils (e.g., stabilized (commonly referred to as
AD/CVD Operations, Enforcement and in straight lengths) of a thickness less interstitial-free (‘‘IF’’)) steels, high
than 4.75 mm and a width that is 12.7 strength low alloy (‘‘HSLA’’) steels,
Compliance, International Trade
mm or greater and that measures at least motor lamination steels, Advanced High
Administration, U.S. Department of
10 times the thickness. The products Strength Steels (‘‘AHSS’’), and Ultra
Commerce, 14th Street and Constitution
covered also include products not in High Strength Steels (‘‘UHSS’’). IF steels
Avenue NW., Washington, DC 20230.
coils (e.g., in straight lengths) of a are recognized as low carbon steels with
SUPPLEMENTARY INFORMATION: thickness of 4.75 mm or more and a micro-alloying levels of elements such
Background width exceeding 150 mm and measuring as titanium and/or niobium added to
at least twice the thickness. The stabilize carbon and nitrogen elements.
In accordance with sections 735(d)
products described above may be HSLA steels are recognized as steels
and 777(i)(1) of the Tariff Act of 1930,
rectangular, square, circular, or other with micro-alloying levels of elements
as amended (the Act), and 19 CFR
shape and include products of either such as chromium, copper, niobium,
351.210(c), on May 24, 2016, the
rectangular or non-rectangular cross- titanium, vanadium, and molybdenum.
Department published the final
section where such cross-section is Motor lamination steels contain micro-
determinations of sales at less than fair achieved subsequent to the rolling
value in the antidumping duty alloying levels of elements such as
process, i.e., products which have been silicon and aluminum. AHSS and UHSS
investigations of certain cold-rolled ‘‘worked after rolling’’ (e.g., products
steel flat products from Japan and the are considered high tensile strength and
which have been beveled or rounded at high elongation steels, although AI–ISS
PRC.1 On July 7, 2016, the ITC notified the edges). For purposes of the width
the Department of its final and UHSS are covered whether or not
and thickness requirements referenced they are high tensile strength or high
determination pursuant to section above:
735(b)(1)(A)(i) of the Act, that an elongation steels.
(1) Where the nominal and actual Subject merchandise includes cold-
industry in the United States is measurements vary, a product is within
materially injured within the meaning rolled steel that has been further
the scope if application of either the processed in a third country, including
of section 735(b)(1)(A)(i) of the Act by nominal or actual measurement would
reason of imports of certain cold-rolled but not limited to annealing, tempering,
place it within the scope based on the painting, varnishing, trimming, cutting,
steel flat products from Japan and the definitions set forth above, and
PRC.2 In addition, the ITC notified the punching, and/or slitting, or any other
(2) where the width and thickness
processing that would not otherwise
vary for a specific product (e.g., the
1 Certain Cold-Rolled Steel Flat Products From
thickness of certain products with non- remove the merchandise from the scope
Japan: Final Affirmative Determination of Sales at
rectangular cross-section, the width of of the order if performed in the country
Less Than Fair Value and Final Affirmative of manufacture of the cold-rolled steel.
Determination of Critical Circumstances, 81 FR certain products with non-rectangular
32721 (May 24, 2016) (Final Determination) and shape, etc.), the measurement at its All products that meet the written
accompanying Issues and Decision Memorandum, greatest width or thickness applies. physical description, and in which the
see also Certain Cold-Rolled Steel Flat Products Steel products included in the scope chemistry quantities do not exceed any
from the People’s Republic of China: Final one of the noted element levels listed
Affirmative Determination of Sales at Less Than of this order are products in which: (1)
Fair Value, and Final Affirmative Determination of Iron predominates, by weight, over each above, are within the scope of this order
unless specifically excluded. The
mstockstill on DSK3G9T082PROD with NOTICES2
Critical Circumstances, 81 FR 32721 (May 24, 2016) of the other contained elements; (2) the
(PRC Final Determination) 81 FR 32725 (May 24, carbon content is 2 percent or less, by following products are outside of and/
2016) and accompanying Issues and Decision or specifically excluded from the scope
Memorandum. weight; and (3) none of the elements
2 See Letter to Christian Marsh, Deputy Assistant
of this order:
Secretary of Commerce for Enforcement and See also Cold-Rolled Steel Flat Products from China • Ball bearing steels; 4
Compliance, from Irving A. Williamson, Chairman and Japan (Investigation Nos. 701–TA–541 and
of the U.S. International Trade Commission, 731–TA–1284 and 1286 (Final), USITC Publication 4 Ball bearing steels are defined as steels which
regarding certain cold-rolled steel flat products 4619, July 2016) (Final). contain, in addition to iron, each of the following
from China and Japan (July 7, 2016) (ITC Letter). 3 Id. elements by weight in the amount specified: (i) Not
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![45960 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices
after December 8, 2015 (i.e., 90 days 7, 2016, the ITC notified the Department place it within the scope based on the
prior to the date of publication of the of its final determination pursuant to definitions set forth above, and
preliminary determinations), but before section 705(b)(1)(A)(i) and section (2) where the width and thickness
March 7, 2016, the publication date of 705(d) of the Tariff Act of 1930, as vary for a specific product (e.g., the
the preliminary determinations. amended (Act), that an industry in the thickness of certain products with non-
United States is materially injured by rectangular cross-section, the width of
Notification to Interested Parties certain products with non-rectangular
reason of subsidized imports of cold-
This notice constitutes the rolled steel from the PRC, and its shape, etc.), the measurement at its
antidumping duty orders with respect to determination pursuant to section greatest width or thickness applies.
certain cold-rolled steel flat products 705(b)(4)(A) of the Act that critical Steel products included in the scope of
from Japan and the PRC pursuant to circumstances do not exist with respect this order are products in which: (1)
section 736(a) of the Act. Interested to imports of subject merchandise from Iron predominates, by weight, over each
parties can find a list of antidumping the PRC that are subject to the of the other contained elements; (2) the
duty orders currently in effect at http:// Department’s affirmative critical carbon content is 2 percent or less, by
www.trade.gov/enforcement/. circumstances finding, in part.2 weight; and (3) none of the elements
These orders are published in listed below exceeds the quantity, by
accordance with section 736(a) of the Scope of the Order weight, respectively indicated:
Act and 19 CFR 351.211(b). The products covered by this order • 2.50 percent of manganese, or
Dated: July 11, 2016. are certain cold-rolled (cold-reduced), • 3.30 percent of silicon, or
flat-rolled steel products, whether or not • 1.50 percent of copper, or
Ronald K. Lorentzen,
annealed, painted, varnished, or coated • 1.50 percent of aluminum, or
Acting Assistant Secretary for Enforcement
with plastics or other non-metallic • 1.25 percent of chromium, or
and Compliance. • 0.30 percent of cobalt, or
substances. The products covered do
[FR Doc. 2016–16798 Filed 7–13–16; 8:45 am] • 0.40 percent of lead, or
not include those that are clad, plated,
BILLING CODE 3510–DS–P • 2.00 percent of nickel, or
or coated with metal. The products • 0.30 percent of tungsten (also called
covered include coils that have a width wolfram), or
DEPARTMENT OF COMMERCE or other lateral measurement (‘‘width’’) • 0.80 percent of molybdenum, or
of 12.7 mm or greater, regardless of form • 0.10 percent of niobium (also called
International Trade Administration of coil (e.g., in successively columbium), or
superimposed layers, spirally • 0.30 percent of vanadium, or
[C–570–030] oscillating, etc.). The products covered • 0.30 percent of zirconium.
also include products not in coils (e.g., Unless specifically excluded,
Certain Cold-Rolled Steel Flat Products in straight lengths) of a thickness less
From the People’s Republic of China: products are included in this scope
than 4.75 mm and a width that is 12.7 regardless of levels of boron and
Countervailing Duty Order mm or greater and that measures at least titanium.
AGENCY: Enforcement and Compliance, 10 times the thickness. The products For example, specifically included in
International Trade Administration, covered also include products not in this scope are vacuum degassed, fully
Department of Commerce. coils (e.g., in straight lengths) of a stabilized (commonly referred to as
SUMMARY: Based on affirmative final thickness of 4.75 mm or more and a interstitial-free (IF)) steels, high strength
determinations by the Department of width exceeding 150 mm and measuring low alloy (HSLA) steels, motor
Commerce (the Department) and the at least twice the thickness. The lamination steels, Advanced High
International Trade Commission (ITC), products described above may be Strength Steels (AHSS), and Ultra High
the Department is issuing a rectangular, square, circular, or other Strength Steels (UHSS). IF steels are
countervailing duty order on certain shape and include products of either recognized as low carbon steels with
cold-rolled steel flat products (cold- rectangular or non-rectangular cross- micro-alloying levels of elements such
rolled steel) from the People’s Republic section where such cross-section is as titanium and/or niobium added to
of China (PRC). achieved subsequent to the rolling stabilize carbon and nitrogen elements.
process, i.e., products which have been HSLA steels are recognized as steels
DATES: Effective Date: July 14, 2016.
‘‘worked after rolling’’ (e.g., products with micro-alloying levels of elements
FOR FURTHER INFORMATION CONTACT: which have been beveled or rounded at such as chromium, copper, niobium,
Yasmin Bordas at (202) 482–3813 or the edges). For purposes of the width titanium, vanadium, and molybdenum.
John Corrigan at (202) 482–7438, AD/ and thickness requirements referenced Motor lamination steels contain micro-
CVD Operations, Office VI, Enforcement above: alloying levels of elements such as
and Compliance, International Trade (1) Where the nominal and actual silicon and aluminum. AHSS and UHSS
Administration, U.S. Department of measurements vary, a product is within are considered high tensile strength and
Commerce, 14th Street and Constitution the scope if application of either the high elongation steels, although AHSS
Avenue NW., Washington, DC 20230. nominal or actual measurement would and UHSS are covered whether or not
SUPPLEMENTARY INFORMATION: they are high tensile strength or high
Background Determination, 81 FR 32729 (May 26, 2016) (Final elongation steels.
Determination). Subject merchandise includes cold-
On May 24, 2016, the Department
mstockstill on DSK3G9T082PROD with NOTICES2
2 See Letter to Christian Marsh, Deputy Assistant
rolled steel that has been further
published its final determination in the Secretary of Commerce for Enforcement and
processed in a third country, including
countervailing duty investigation of Compliance, from Irving A Williamson, Chairman
of the U.S. International Trade Commission, but not limited to annealing, tempering,
cold-rolled steel from the PRC.1 On July regarding certain cold-rolled steel flat products painting, varnishing, trimming, cutting,
from China and Japan (July 7, 2016) (ITC Letter). punching, and/or slitting, or any other
1 See Certain Cold-Rolled Steel Flat Products See also Cold-Rolled Steel Flat Products from China
From the People’s Republic of China: Final and Japan (Investigation Nos. 701–TA–541 and
processing that would not otherwise
Affirmative Countervailing Duty Determination and 731–TA–1284 and 1286 (Final), USITC Publication remove the merchandise from the scope
Final Partial Affirmative Critical Circumstances 4619, July 2016) (Final). of the investigation if performed in the
VerDate Sep<11>2014 19:10 Jul 13, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\14JYN2.SGM 14JYN2](https://thefederalregister.org/doc/81_FR_46090/page/6.svg)
Document Created: 2016-07-14 01:54:58
Document Modified: 2016-07-14 01:54:58
| 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 | Trisha Tran at (202) 482-4852 (Japan), Scott Hoefke at 202-482-4947 (PRC), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 81 FR 45955 |
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