81 FR 49929 - Certain Cold-Rolled Steel Flat Products From the United Kingdom: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 146 (July 29, 2016)
International Trade Administration
Federal Register Volume 81, Issue 146 (July 29, 2016)
| Page Range | 49929-49931 | |
| FR Document | 2016-17940 |
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)] [Notices] [Pages 49929-49931] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17940] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-412-824] Certain Cold-Rolled Steel Flat Products From the United Kingdom: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that certain cold-rolled steel flat products (cold-rolled steel) from the United Kingdom is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2014, through June 30, 2015. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice. DATES: Effective July 29, 2016. FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0410. SUPPLEMENTARY INFORMATION: Background On March 7, 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 Cold-Rolled Steel Flat Products From the United Kingdom: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 81 FR 11744 (March 7, 2016) (Preliminary Determination). --------------------------------------------------------------------------- In March 2016, the Department received supplemental cost responses from Tata Steel UK Ltd. (TSUK), one of the mandatory respondents in this investigation.\2\ --------------------------------------------------------------------------- \2\ See Letter from TSUK, ``Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products from the United Kingdom: TSUK's Section D Second Supplemental Questionnaire Response'' (March 11, 2016). --------------------------------------------------------------------------- In June 2016, AK Steel (one of the petitioners),\3\ Caparo Precision Strip, Ltd. (Caparo), and TSUK submitted case briefs \4\ and rebuttal briefs.\5\ A hearing was held on June 21, 2016. --------------------------------------------------------------------------- \3\ AK Steel Corporation (AK Steel), ArcelorMittal USA LLC, Nucor Corporation, Steel Dynamics, Inc., and United States Steel Corporation (collectively, the petitioners). \4\ See Letter from the petitioners, ``Certain Cold-Rolled Steel Flat Products From The United Kingdom/Petitioner's Case Brief'' (June 8, 2016); Letter from Caparo, ``Certain Cold-Rolled Steel Flat Products from the United Kingdom: Case Brief of Caparo Precision Strip, Ltd.'' (June 8, 2016); and Letter from TSUK, ``Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products from the United Kingdom: Case Brief of Tata Steel UK Ltd. and Tata Steel International (Americas) Inc.'' (June 8, 2016). \5\ See Letter from the petitioners, ``Certain Cold-Rolled Steel Flat Products From The United Kingdom/Petitioner's Rebuttal Brief'' (June 13, 2016); Letter from Caparo, ``Certain Cold-Rolled Steel Flat Products from the United Kingdom: Caparo Precision Strip, Ltd. Rebuttal Brief'' (June 13, 2016); and Letter from TSUK, ``Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products from the United Kingdom: Rebuttal Brief of Tata Steel UK Ltd. and Tata Steel International (Americas) Inc.'' (June 13, 2016). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is cold-rolled steel from the United Kingdom. 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,\6\ the Department set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues. --------------------------------------------------------------------------- \6\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Cold-Rolled Steel Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: Scope Comments Decision Memorandum for the Preliminary Determinations'' dated February 29, 2016 (Preliminary Scope Decision Memorandum). --------------------------------------------------------------------------- For a summary of the product coverage comments and rebuttal responses submitted to the records of the cold-rolled steel investigations, and accompanying discussion and analysis of all comments timely received, see the Final Scope Decision Memorandum.\7\ The Final Scope Decision Memorandum is incorporated by, and hereby adopted by, this notice. --------------------------------------------------------------------------- \7\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Cold-Rolled Steel Products from Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: ``Final Scope Comments Decision Memorandum,'' dated May 16, 2016 (Final Scope Decision Memorandum). --------------------------------------------------------------------------- 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.\8\ 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. --------------------------------------------------------------------------- \8\ 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 Cold-Rolled Steel Flat Products from the United Kingdom'' (July 20, 2016) (Issues and Decision Memorandum). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in March and April 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 the respondents.\9\ --------------------------------------------------------------------------- \9\ See Memorandum to the File entitled ``Certain Cold-Rolled Steel Flat Products from the United Kingdom: Home-Market and Export- Price Sales Verification of Caparo Precision Strip, Ltd.,'' dated April 1, 2016, Memorandum to the File entitled ``Certain Cold-Rolled Steel Flat Products from the United Kingdom: Home-Market and Export- Price Sales Verification of Tata Steel UK Ltd.,'' dated April 4, 2016, Memorandum to the File entitled ``Certain Cold-Rolled Steel Flat Products from the United Kingdom: Constructed-Export-Price Sales Verification of Tata Steel UK Ltd.,'' dated May 4, 2016, Memorandum to the File entitled ``Certain Cold-Ro11ed Steel Flat Products from the United Kingdom: Constructed-Export-Price Sales Verification of Caparo Precision Strip, Ltd.,'' dated May 5, 2016, Memorandum to the File entitled ``Verification of the Cost Response of Caparo Precision Strip, Ltd., in the Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products from the United Kingdom,'' dated May 31, 2016, and Memorandum to the File entitled ``Verification of the Cost Response of Tata Steel UK Ltd. in the Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products from the United Kingdom,'' dated May 31, 2016. --------------------------------------------------------------------------- [[Page 49930]] 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 Caparo and TSUK. 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.\10\ --------------------------------------------------------------------------- \10\ We followed our normal practice, which is, with two respondents, we 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 then 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) ------------------------------------------------------------------------ Caparo Precision Strip, Ltd./Liberty Performance Steels 5.40 Ltd.\11\................................................... Tata Steel UK Ltd........................................... 25.56 All-Others.................................................. 22.92 ------------------------------------------------------------------------ Disclosure --------------------------------------------------------------------------- \11\ We determined that Liberty Performance Steels Ltd. is the successor-in-interest to Caparo Precision Strip, Ltd. See Issues and Decision Memorandum at Comment 7. --------------------------------------------------------------------------- We intend to 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). 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 cold-rolled steel from the United Kingdom, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after March 7, 2016, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Further, pursuant to section 735(c)(1)(B)(ii) of the Act, 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 22.92 percent, as discussed in the ``All Others Rate'' section, above. These instructions suspending liquidation will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (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 cold-rolled steel from the United Kingdom 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 This notice serves as a reminder to parties subject to an administrative protective order (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: July 20, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The products covered by this investigation are certain cold- rolled (cold-reduced), flat-rolled steel products, whether or not annealed, painted, varnished, or coated with plastics or other non- metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (``width'') of 12.7 mm or greater, regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products covered also include products not in coils (e.g., in straight lengths) of a thickness of 4.75 mm or more and a width exceeding 150 mm and measuring at least twice the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non- rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above, and [[Page 49931]] (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross- section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated:2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.00 percent of nickel, or 0.30 percent of tungsten (also called wolfram), or 0.80 percent of molybdenum, or 0.10 percent of niobium (also called columbium), or 0.30 percent of vanadium, or 0.30 percent of zirconium Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial- free (IF)) steels, high strength low alloy (HSLA) steels, motor lamination steels, Advanced High Strength Steels (AHSS), and Ultra High Strength Steels (UHSS). IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/ or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Motor lamination steels contain micro-alloying levels of elements such as silicon and aluminum. AHSS and UHSS are considered high tensile strength and high elongation steels, although AHSS and UHSS are covered whether or not they are high tensile strength or high elongation steels. Subject merchandise includes cold-rolled steel that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the cold-rolled steel. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this investigation unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of this investigation: Ball bearing steels;\12\ --------------------------------------------------------------------------- \12\ 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;\13\ --------------------------------------------------------------------------- \13\ 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;\14\ --------------------------------------------------------------------------- \14\ 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.\15\ --------------------------------------------------------------------------- \15\ 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.\16\ --------------------------------------------------------------------------- \16\ 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, Dec. 3, 2014). The orders define NOES as ``cold-rolled, flat-rolled, alloy steel products, whether or not in coils, regardless of width, having an actual thickness of 0.20 mm or more, in which the core loss is substantially equal in any direction of magnetization in the plane of the material. The term `substantially equal' means that the cross grain direction of core loss is no more than 1.5 times the straight grain direction (i.e., the rolling direction) of core loss. NOES has a magnetic permeability that does not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e., parallel to) the rolling direction of the sheet (i.e., B800 value). NOES contains by weight more than 1.00 percent of silicon but less than 3.5 percent of silicon, not more than 0.08 percent of carbon, and not more than 1.5 percent of aluminum. NOES has a surface oxide coating, to which an insulation coating may be applied.'' --------------------------------------------------------------------------- The products subject to this investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The products subject to the investigation may also enter under the following HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings above are provided for convenience and U.S. 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 I. Summary II. Background III. Scope of the Investigation IV. Margin Calculations V. Comparisons to Fair Value VI. Discussion of Issues Comment 1: Level of Trade (TSUK) Comment 2: Home-Market Freight Revenue (TSUK) Comment 3: CEP Credit Expense (TSUK) Comment 4: Home-Market Credit Expense (Caparo) Comment 5: Quality Codes (Caparo) Comment 6: Date of Sale (Caparo) Comment 7: Successor-in-Interest (Caparo) Comment 8: Restructuring and Impairment Costs (TSUK) Comment 9: Raw Materials Costs (TSUK) Comment 10: Energy Costs (TSUK) Comment 11: Verification Corrections (TSUK) Comment 12: Verification Corrections (Caparo) VII. Recommendation [FR Doc. 2016-17940 Filed 7-28-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices 49929
Comments submitted in response to In June 2016, AK Steel (one of the is incorporated by, and hereby adopted
this notice will be summarized and/or petitioners),3 Caparo Precision Strip, by, this notice.
included in the request for OMB Ltd. (Caparo), and TSUK submitted case
Analysis of Comments Received
approval of this information collection; briefs 4 and rebuttal briefs.5 A hearing
they also will become a matter of public was held on June 21, 2016. All issues raised in the case and
record. rebuttal briefs by parties in this
Scope of the Investigation investigation are addressed in the Issues
Dated: July 26, 2016.
The product covered by this and Decision Memorandum, which is
Glenna Mickelson,
investigation is cold-rolled steel from hereby adopted by this notice.8 A list of
Management Analyst, Office of the Chief the United Kingdom. For a complete the issues raised is attached to this
Information Officer.
description of the scope of this notice as Appendix II. The Issues and
[FR Doc. 2016–17947 Filed 7–28–16; 8:45 am] investigation, see the ‘‘Scope of the Decision Memorandum is a public
BILLING CODE 3510–33–P Investigation,’’ in Appendix I of this document and is on file electronically
notice. via Enforcement and Compliance’s
Antidumping and Countervailing Duty
DEPARTMENT OF COMMERCE Scope Comments
Centralized Electronic Service System
In accordance with the Preliminary (ACCESS). ACCESS is available to
International Trade Administration Scope Determination,6 the Department registered users at https://
[A–412–824] set aside a period of time for parties to access.trade.gov and it is available to all
address scope issues in case briefs or parties in the Central Records Unit,
Certain Cold-Rolled Steel Flat Products other written comments on scope issues. Room B–8024 of the main Department
From the United Kingdom: Final For a summary of the product of Commerce building. In addition, a
Determination of Sales at Less Than coverage comments and rebuttal complete version of the Issues and
Fair Value responses submitted to the records of Decision Memorandum can be accessed
AGENCY: Enforcement and Compliance, the cold-rolled steel investigations, and directly at http://enforcement.trade.gov/
International Trade Administration, accompanying discussion and analysis frn/index.html. The signed and
Department of Commerce. of all comments timely received, see the electronic versions of the Issues and
SUMMARY: The Department of Commerce Final Scope Decision Memorandum.7 Decision Memorandum are identical in
(the Department) determines that certain The Final Scope Decision Memorandum content.
cold-rolled steel flat products (cold- Verification
Products from the United Kingdom: TSUK’s Section
rolled steel) from the United Kingdom is D Second Supplemental Questionnaire Response’’
being, or is likely to be, sold in the As provided in section 782(i) of the
(March 11, 2016).
United States at less than fair value 3 AK Steel Corporation (AK Steel), ArcelorMittal Tariff Act of 1930, as amended (the Act),
(LTFV). The period of investigation USA LLC, Nucor Corporation, Steel Dynamics, Inc., in March and April 2016, the
(POI) is July 1, 2014, through June 30, and United States Steel Corporation (collectively, Department verified the sales and cost
the petitioners). data reported by the mandatory
2015. The final dumping margins of 4 See Letter from the petitioners, ‘‘Certain Cold-
sales at LTFV are listed below in the respondents, pursuant to section 782(i)
Rolled Steel Flat Products From The United
‘‘Final Determination’’ section of this Kingdom/Petitioner’s Case Brief’’ (June 8, 2016); of the Act. We used standard
notice. Letter from Caparo, ‘‘Certain Cold-Rolled Steel Flat verification procedures, including an
Products from the United Kingdom: Case Brief of examination of relevant accounting and
DATES: Effective July 29, 2016. Caparo Precision Strip, Ltd.’’ (June 8, 2016); and production records, and original source
FOR FURTHER INFORMATION CONTACT: Letter from TSUK, ‘‘Antidumping Duty
Investigation of Certain Cold-Rolled Steel Flat documents provided by the
Thomas Schauer, AD/CVD Operations, Products from the United Kingdom: Case Brief of respondents.9
Office I, Enforcement and Compliance, Tata Steel UK Ltd. and Tata Steel International
International Trade Administration, (Americas) Inc.’’ (June 8, 2016). 8 See Memorandum to Paul Piquado, Assistant
5 See Letter from the petitioners, ‘‘Certain Cold-
U.S. Department of Commerce, 1401 Secretary for Enforcement and Compliance, from
Constitution Avenue NW., Washington, Rolled Steel Flat Products From The United Christian Marsh, Deputy Assistant Secretary for
Kingdom/Petitioner’s Rebuttal Brief’’ (June 13, Antidumping and Countervailing Duty Operations
DC 20230; telephone: (202) 482–0410. 2016); Letter from Caparo, ‘‘Certain Cold-Rolled ‘‘Issues and Decision Memorandum for the Final
SUPPLEMENTARY INFORMATION: Steel Flat Products from the United Kingdom: Determination of the Antidumping Duty
Caparo Precision Strip, Ltd. Rebuttal Brief’’ (June Investigation of Certain Cold-Rolled Steel Flat
Background 13, 2016); and Letter from TSUK, ‘‘Antidumping Products from the United Kingdom’’ (July 20, 2016)
Duty Investigation of Certain Cold-Rolled Steel Flat (Issues and Decision Memorandum).
On March 7, 2016, the Department Products from the United Kingdom: Rebuttal Brief 9 See Memorandum to the File entitled ‘‘Certain
published the Preliminary of Tata Steel UK Ltd. and Tata Steel International Cold-Rolled Steel Flat Products from the United
Determination of this antidumping duty (Americas) Inc.’’ (June 13, 2016). Kingdom: Home-Market and Export-Price Sales
(AD) investigation.1 The following 6 See Memorandum to Christian Marsh, Deputy
Verification of Caparo Precision Strip, Ltd.,’’ dated
events occurred since the Preliminary Assistant Secretary for Antidumping and April 1, 2016, Memorandum to the File entitled
Countervailing Duty Operations, ‘‘Certain Cold- ‘‘Certain Cold-Rolled Steel Flat Products from the
Determination was issued. Rolled Steel Products From Brazil, the People’s United Kingdom: Home-Market and Export-Price
In March 2016, the Department Republic of China, India, Japan, the Republic of Sales Verification of Tata Steel UK Ltd.,’’ dated
received supplemental cost responses Korea, the Russian Federation, and the United April 4, 2016, Memorandum to the File entitled
from Tata Steel UK Ltd. (TSUK), one of Kingdom: Scope Comments Decision Memorandum ‘‘Certain Cold-Rolled Steel Flat Products from the
for the Preliminary Determinations’’ dated February United Kingdom: Constructed-Export-Price Sales
the mandatory respondents in this 29, 2016 (Preliminary Scope Decision Verification of Tata Steel UK Ltd.,’’ dated May 4,
investigation.2 Memorandum). 2016, Memorandum to the File entitled ‘‘Certain
ebenthall on DSK5MVXVN1PROD with NOTICES
7 See Memorandum to Christian Marsh, Deputy Cold-Ro11ed Steel Flat Products from the United
1 See Certain Cold-Rolled Steel Flat Products Assistant Secretary for Antidumping and Kingdom: Constructed-Export-Price Sales
From the United Kingdom: Affirmative Preliminary Countervailing Duty Operations, ‘‘Certain Cold- Verification of Caparo Precision Strip, Ltd.,’’ dated
Determination of Sales at Less Than Fair Value, Rolled Steel Products from Brazil, the People’s May 5, 2016, Memorandum to the File entitled
Postponement of Final Determination and Republic of China, India, Japan, the Republic of ‘‘Verification of the Cost Response of Caparo
Extension of Provisional Measures, 81 FR 11744 Korea, the Russian Federation, and the United Precision Strip, Ltd., in the Antidumping Duty
(March 7, 2016) (Preliminary Determination). Kingdom: ‘‘Final Scope Comments Decision Investigation of Certain Cold-Rolled Steel Flat
2 See Letter from TSUK, ‘‘Antidumping Duty Memorandum,’’ dated May 16, 2016 (Final Scope Products from the United Kingdom,’’ dated May 31,
Investigation of Certain Cold-Rolled Steel Flat Decision Memorandum). Continued
VerDate Sep<11>2014 21:05 Jul 29, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\29JYN1.SGM 29JYN1](https://thefederalregister.org/doc/81_FR_50075/page/1.svg)
![Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices 49931
(2) where the width and thickness vary for • Tool steels;13 The products subject to this investigation
a specific product (e.g., the thickness of • Silico-manganese steel;14 are currently classified in the Harmonized
certain products with non-rectangular cross- • Grain-oriented electrical steels (GOES) as Tariff Schedule of the United States (HTSUS)
section, the width of certain products with defined in the final determination of the U.S. under item numbers: 7209.15.0000,
non-rectangular shape, etc.), the Department of Commerce in Grain-Oriented 7209.16.0030, 7209.16.0060, 7209.16.0070,
measurement at its greatest width or Electrical Steel From Germany, Japan, and
thickness applies. Poland.15 7209.16.0091, 7209.17.0030, 7209.17.0060,
Steel products included in the scope of this • Non-Oriented Electrical Steels (NOES), 7209.17.0070, 7209.17.0091, 7209.18.1530,
investigation are products in which: (1) Iron as defined in the antidumping orders issued 7209.18.1560, 7209.18.2510, 7209.18.2520,
predominates, by weight, over each of the by the U.S. Department of Commerce in Non- 7209.18.2580, 7209.18.6020, 7209.18.6090,
other contained elements; (2) the carbon Oriented Electrical Steel From the People’s 7209.25.0000, 7209.26.0000, 7209.27.0000,
content is 2 percent or less, by weight; and Republic of China, Germany, Japan, the 7209.28.0000, 7209.90.0000, 7210.70.3000,
(3) none of the elements listed below exceeds Republic of Korea, Sweden, and Taiwan.16 7211.23.1500, 7211.23.2000, 7211.23.3000,
the quantity, by weight, respectively 7211.23.4500, 7211.23.6030, 7211.23.6060,
indicated: elements by weight in the amount specified: (i) Not 7211.23.6090, 7211.29.2030, 7211.29.2090,
• 2.50 percent of manganese, or less than 0.95 nor more than 1.13 percent of carbon;
7211.29.4500, 7211.29.6030, 7211.29.6080,
• 3.30 percent of silicon, or (ii) not less than 0.22 nor more than 0.48 percent
7211.90.0000, 7212.40.1000, 7212.40.5000,
• 1.50 percent of copper, or of manganese; (iii) none, or not more than 0.03
• 1.50 percent of aluminum, or percent of sulfur; (iv) none, or not more than 0.03 7225.50.6000, 7225.50.8080, 7225.99.0090,
percent of phosphorus; (v) not less than 0.18 nor 7226.92.5000, 7226.92.7050, and
• 1.25 percent of chromium, or more than 0.37 percent of silicon; (vi) not less than
• 0.30 percent of cobalt, or 1.25 nor more than 1.65 percent of chromium; (vii)
7226.92.8050. The products subject to the
• 0.40 percent of lead, or none, or not more than 0.28 percent of nickel; (viii) investigation may also enter under the
• 2.00 percent of nickel, or none, or not more than 0.38 percent of copper; and following HTSUS numbers: 7210.90.9000,
• 0.30 percent of tungsten (also called (ix) none, or not more than 0.09 percent of 7212.50.0000, 7215.10.0010, 7215.10.0080,
wolfram), or molybdenum. 7215.50.0016, 7215.50.0018, 7215.50.0020,
• 0.80 percent of molybdenum, or 13 Tool steels are defined as steels which contain
7215.50.0061, 7215.50.0063, 7215.50.0065,
• 0.10 percent of niobium (also called the following combinations of elements in the
quantity by weight respectively indicated: (i) More 7215.50.0090, 7215.90.5000, 7217.10.1000,
columbium), or
• 0.30 percent of vanadium, or than 1.2 percent carbon and more than 10.5 percent 7217.10.2000, 7217.10.3000, 7217.10.7000,
• 0.30 percent of zirconium chromium; or (ii) not less than 0.3 percent carbon 7217.90.1000, 7217.90.5030, 7217.90.5060,
and 1.25 percent or more but less than 10.5 percent 7217.90.5090, 7225.19.0000, 7226.19.1000,
Unless specifically excluded, products are chromium; or (iii) not less than 0.85 percent carbon
included in this scope regardless of levels of and 1 percent to 1.8 percent, inclusive, manganese;
7226.19.9000, 7226.99.0180, 7228.50.5015,
boron and titanium. or (iv) 0.9 percent to 1.2 percent, inclusive, 7228.50.5040, 7228.50.5070, 7228.60.8000,
For example, specifically included in this chromium and 0.9 percent to 1.4 percent, inclusive, and 7229.90.1000.
scope are vacuum degassed, fully stabilized molybdenum; or (v) not less than 0.5 percent carbon The HTSUS subheadings above are
(commonly referred to as interstitial-free (IF)) and not less than 3.5 percent molybdenum; or (vi)
provided for convenience and U.S. Customs
steels, high strength low alloy (HSLA) steels, not less than 0.5 percent carbon and not less than
5.5 percent tungsten. purposes only. The written description of the
motor lamination steels, Advanced High 14 Silico-manganese steel is defined as steels scope of the investigation is dispositive.
Strength Steels (AHSS), and Ultra High
containing by weight: (i) Not more than 0.7 percent
Strength Steels (UHSS). IF steels are of carbon; (ii) 0.5 percent or more but not more than Appendix II
recognized as low carbon steels with micro- 1.9 percent of manganese, and (iii) 0.6 percent or
alloying levels of elements such as titanium more but not more than 2.3 percent of silicon. List of Topics Discussed in the Issues and
and/or niobium added to stabilize carbon and 15 See Grain-Oriented Electrical Steel From Decision Memorandum
nitrogen elements. HSLA steels are Germany, Japan, and Poland: Final Determinations I. Summary
recognized as steels with micro-alloying of Sales at Less Than Fair Value and Certain Final
II. Background
levels of elements such as chromium, copper, Affirmative Determination of Critical
niobium, titanium, vanadium, and Circumstances, 79 FR 42501, 42503 (Dep’t of III. Scope of the Investigation
molybdenum. Motor lamination steels Commerce, July 22, 2014). This determination IV. Margin Calculations
contain micro-alloying levels of elements defines grain-oriented electrical steel as ‘‘a flat- V. Comparisons to Fair Value
such as silicon and aluminum. AHSS and rolled alloy steel product containing by weight at VI. Discussion of Issues
least 0.6 percent but not more than 6 percent of
UHSS are considered high tensile strength silicon, not more than 0.08 percent of carbon, not Comment 1: Level of Trade (TSUK)
and high elongation steels, although AHSS more than 1.0 percent of aluminum, and no other Comment 2: Home-Market Freight Revenue
and UHSS are covered whether or not they element in an amount that would give the steel the (TSUK)
are high tensile strength or high elongation characteristics of another alloy steel, in coils or in Comment 3: CEP Credit Expense (TSUK)
steels. straight lengths.’’
Comment 4: Home-Market Credit Expense
Subject merchandise includes cold-rolled 16 See Non-Oriented Electrical Steel From the
steel that has been further processed in a People’s Republic of China, Germany, Japan, the (Caparo)
third country, including but not limited to Republic of Korea, Sweden, and Taiwan: Comment 5: Quality Codes (Caparo)
annealing, tempering, painting, varnishing, Antidumping Duty Orders, 79 FR 71741, 71741–42 Comment 6: Date of Sale (Caparo)
trimming, cutting, punching, and/or slitting, (Dep’t of Commerce, Dec. 3, 2014). The orders Comment 7: Successor-in-Interest (Caparo)
or any other processing that would not define NOES as ‘‘cold-rolled, flat-rolled, alloy steel
products, whether or not in coils, regardless of
Comment 8: Restructuring and Impairment
otherwise remove the merchandise from the Costs (TSUK)
width, having an actual thickness of 0.20 mm or
scope of the investigation if performed in the more, in which the core loss is substantially equal Comment 9: Raw Materials Costs (TSUK)
country of manufacture of the cold-rolled in any direction of magnetization in the plane of the Comment 10: Energy Costs (TSUK)
steel. material. The term ‘substantially equal’ means that
All products that meet the written physical Comment 11: Verification Corrections
the cross grain direction of core loss is no more than
description, and in which the chemistry 1.5 times the straight grain direction (i.e., the rolling (TSUK)
quantities do not exceed any one of the noted direction) of core loss. NOES has a magnetic Comment 12: Verification Corrections
element levels listed above, are within the permeability that does not exceed 1.65 Tesla when (Caparo)
ebenthall on DSK5MVXVN1PROD with NOTICES
scope of this investigation unless specifically tested at a field of 800 A/m (equivalent to 10 VII. Recommendation
excluded. The following products are outside Oersteds) along (i.e., parallel to) the rolling
direction of the sheet (i.e., B800 value). NOES [FR Doc. 2016–17940 Filed 7–28–16; 8:45 am]
of and/or specifically excluded from the
contains by weight more than 1.00 percent of BILLING CODE 3510–DS–P
scope of this investigation: silicon but less than 3.5 percent of silicon, not more
• Ball bearing steels;12 than 0.08 percent of carbon, and not more than 1.5
percent of aluminum. NOES has a surface oxide
12 Ball bearing steels are defined as steels which coating, to which an insulation coating may be
contain, in addition to iron, each of the following applied.’’
VerDate Sep<11>2014 21:05 Jul 29, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 9990 E:\FR\FM\29JYN1.SGM 29JYN1](https://thefederalregister.org/doc/81_FR_50075/page/3.svg)
Document Created: 2018-02-08 07:51:33
Document Modified: 2018-02-08 07:51:33
| 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 | |
| Dates | Effective July 29, 2016. | |
| Contact | Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0410. | |
| FR Citation | 81 FR 49929 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR