81_FR_50078 81 FR 49932 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From India: Final Affirmative Determination

81 FR 49932 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From India: Final Affirmative Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 146 (July 29, 2016)

Page Range49932-49934
FR Document2016-17948

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain cold-rolled steel flat products (cold-rolled steel) from India as provided in section 705 of the Tariff Act of 1930, as amended (the Act). For information on the subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2014 through December 31, 2014.

Federal Register, Volume 81 Issue 146 (Friday, July 29, 2016)
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 49932-49934]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17948]



[[Page 49932]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-866]


Countervailing Duty Investigation of Certain Cold-Rolled Steel 
Flat Products From India: Final Affirmative Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain cold-rolled steel flat products (cold-rolled steel) from 
India as provided in section 705 of the Tariff Act of 1930, as amended 
(the Act). For information on the subsidy rates, see the ``Final 
Determination'' section of this notice. The period of investigation is 
January 1, 2014 through December 31, 2014.

DATES: Effective July 29, 2016.

FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
0167.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the Preliminary Determination on December 
22, 2015.\1\ A summary of the events that occurred since the Department 
published the Preliminary Determination, as well as a full discussion 
of the issues raised by parties for this final determination, may be 
found in the Issues and Decision Memorandum.\2\ 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 B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn. The signed Issues and Decision Memorandum 
and the electronic version are identical in content.
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Investigation of Certain Cold-Rolled 
Steel Flat Products From India: Preliminary Affirmative 
Determination and Alignment of Final Determination With Final 
Antidumping Duty Determination, 80 FR 79562 (December 22, 2015) 
(Preliminary Determination).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Final Determination in the 
Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat 
Products from India'' (Issues and Decision Memorandum), dated 
concurrently with this determination and hereby adopted by this 
notice.
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are cold-rolled steel 
flat products from India. For a complete description of the scope of 
this investigation, see the ``Scope of the Investigation,'' in Appendix 
II of this notice.

Scope Comments

    In accordance with the Preliminary Scope Determination,\3\ the 
Department set aside a period of time for parties to address scope 
issues in case briefs or other written comments on scope issues.
---------------------------------------------------------------------------

    \3\ 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.
---------------------------------------------------------------------------

    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.\4\ 
The Final Scope Decision Memorandum is incorporated by, and hereby 
adopted by, this notice.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice at Appendix I.

Use of Adverse Facts Available

    In making this final determination, the Department relied, in part, 
on facts available and, because JSW Steel Limited (JSWSL) did not act 
to the best of its ability in responding to the Department's requests 
for information, we drew an adverse inference where appropriate in 
selecting from among the facts otherwise available.\5\ For further 
information, see the section ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the accompanying Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

    \5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received from parties, and 
the minor corrections presented, and additional items discovered, at 
verification, we made certain changes to the respondent's subsidy rate 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a subsidy rate for JSWSL (and its cross-owned company JSW 
Steel Coated Products Ltd. (JSCPL)), the exporter/producer of subject 
merchandise selected for individual examination in this investigation.
    In accordance with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of 
the Act, for companies not individually investigated, we apply an 
``all-others'' rate, which is normally calculated by weighting the 
subsidy rates of the individual companies selected as respondents with 
those companies' exports of the subject merchandise to the United 
States. Under section 705(c)(5)(A)(i) of the Act, the all-others rate 
excludes zero and de minimis rates calculated for the exporters and 
producers individually investigated, as well as any rates determined 
entirely under section 776 of the Act. Because the only individually 
calculated rate is the rate calculated for JSWSL and JSCPL, in 
accordance with section 705(c)(5)(A)(i) of the Act, the rate calculated 
for JSWSL and JSCPL is assigned as the ``all-others'' rate. The 
estimated countervailable subsidy rates are as follows:

------------------------------------------------------------------------
                 Company                           Subsidy rate
------------------------------------------------------------------------
JSW Steel Limited and JSW Steel Coated    10.00 percent ad valorem.
 Products Limited.
All-Others..............................  10.00 percent ad valorem.
------------------------------------------------------------------------


[[Page 49933]]

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
the date of public announcement of our final determination, in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of merchandise 
under consideration from India that were entered, or withdrawn from 
warehouse, for consumption on or after December 22, 2015, the date of 
the publication of the Preliminary Determination in the Federal 
Register. In accordance with section 703(d) of the Act, we issued 
instructions to CBP to discontinue the suspension of liquidation for 
countervailing duty (CVD) purposes for subject merchandise entered, or 
withdrawn from warehouse, on or after April 20, 2016, but to continue 
the suspension of liquidation of all entries from December 22, 2015 
through April 19, 2016.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and will 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
subject merchandise in the amounts indicated above. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders (APOs)

    In the event the ITC issues a final negative injury determination, 
this notice will serve as the only reminder to parties subject to an 
APO of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation that is subject to sanction.
    This determination and notice are issued and published pursuant to 
sections 705(d) and 777(i) of the Act.

    Dated: July 20, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation
V. Benchmarks and Discount Rates
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Application of AFA to JSW Steel (Salav) Ltd.
    Comment 2: Calculation of Benefits Under the Export Promotion of 
Capital Goods Scheme
    Comment 3: JSCPL's Electricity Duty Exemptions
    Comment 4: Adjustment to Export Sales Denominators
    Comment 5: Rounding of Program Rates
IX. Recommendation

Appendix II--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
    (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

[[Page 49934]]

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; \1\
---------------------------------------------------------------------------

    \1\ 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; \2\
---------------------------------------------------------------------------

    \2\ 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; \3\
---------------------------------------------------------------------------

    \3\ 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.\4\
---------------------------------------------------------------------------

    \4\ 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.\5\
---------------------------------------------------------------------------

    \5\ 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.

[FR Doc. 2016-17948 Filed 7-28-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                49932                            Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices

                                                DEPARTMENT OF COMMERCE                                   at https://access.trade.gov and it is                 Limited (JSWSL) did not act to the best
                                                                                                         available to all parties in the Central               of its ability in responding to the
                                                International Trade Administration                       Records Unit, Room B8024 of the main                  Department’s requests for information,
                                                [C–533–866]                                              Department of Commerce building. In                   we drew an adverse inference where
                                                                                                         addition, a complete version of the                   appropriate in selecting from among the
                                                Countervailing Duty Investigation of                     Issues and Decision Memorandum can                    facts otherwise available.5 For further
                                                Certain Cold-Rolled Steel Flat Products                  be accessed directly at http://                       information, see the section ‘‘Use of
                                                From India: Final Affirmative                            enforcement.trade.gov/frn. The signed                 Facts Otherwise Available and Adverse
                                                Determination                                            Issues and Decision Memorandum and                    Inferences’’ in the accompanying Issues
                                                                                                         the electronic version are identical in               and Decision Memorandum.
                                                AGENCY:  Enforcement and Compliance,                     content.
                                                International Trade Administration,                                                                            Changes Since the Preliminary
                                                Department of Commerce.                                  Scope of the Investigation                            Determination
                                                SUMMARY: The Department of Commerce                        The products covered by this
                                                (the Department) determines that                         investigation are cold-rolled steel flat                Based on our analysis of the
                                                countervailable subsidies are being                      products from India. For a complete                   comments received from parties, and
                                                provided to producers and exporters of                   description of the scope of this                      the minor corrections presented, and
                                                certain cold-rolled steel flat products                  investigation, see the ‘‘Scope of the                 additional items discovered, at
                                                (cold-rolled steel) from India as                        Investigation,’’ in Appendix II of this               verification, we made certain changes to
                                                provided in section 705 of the Tariff Act                notice.                                               the respondent’s subsidy rate
                                                of 1930, as amended (the Act). For                                                                             calculations. For a discussion of these
                                                information on the subsidy rates, see the                Scope Comments                                        changes, see the Issues and Decision
                                                ‘‘Final Determination’’ section of this                     In accordance with the Preliminary                 Memorandum.
                                                notice. The period of investigation is                   Scope Determination,3 the Department
                                                January 1, 2014 through December 31,                     set aside a period of time for parties to             Final Determination
                                                2014.                                                    address scope issues in case briefs or                   In accordance with section
                                                DATES:    Effective July 29, 2016.                       other written comments on scope issues.               705(c)(1)(B)(i) of the Act, we calculated
                                                                                                            For a summary of the product
                                                FOR FURTHER INFORMATION CONTACT:    Erin                                                                       a subsidy rate for JSWSL (and its cross-
                                                                                                         coverage comments and rebuttal
                                                Kearney, AD/CVD Operations, Office IV,                                                                         owned company JSW Steel Coated
                                                                                                         responses submitted to the records of
                                                Enforcement and Compliance,                                                                                    Products Ltd. (JSCPL)), the exporter/
                                                                                                         the cold-rolled steel investigations, and
                                                International Trade Administration,                                                                            producer of subject merchandise
                                                                                                         accompanying discussion and analysis
                                                U.S. Department of Commerce, 14th                                                                              selected for individual examination in
                                                                                                         of all comments timely received, see the
                                                Street and Constitution Avenue NW.,                                                                            this investigation.
                                                                                                         Final Scope Decision Memorandum.4
                                                Washington, DC 20230; telephone (202)                                                                             In accordance with sections
                                                                                                         The Final Scope Decision Memorandum
                                                482–0167.
                                                                                                         is incorporated by, and hereby adopted                705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the
                                                SUPPLEMENTARY INFORMATION:                               by, this notice.                                      Act, for companies not individually
                                                Background                                                                                                     investigated, we apply an ‘‘all-others’’
                                                                                                         Analysis of Subsidy Programs and
                                                                                                                                                               rate, which is normally calculated by
                                                   The Department published the                          Comments Received
                                                                                                                                                               weighting the subsidy rates of the
                                                Preliminary Determination on December                       The subsidy programs under                         individual companies selected as
                                                22, 2015.1 A summary of the events that                  investigation and the issues raised in
                                                occurred since the Department                                                                                  respondents with those companies’
                                                                                                         the case and rebuttal briefs by parties in            exports of the subject merchandise to
                                                published the Preliminary                                this investigation are discussed in the
                                                Determination, as well as a full                                                                               the United States. Under section
                                                                                                         Issues and Decision Memorandum. A                     705(c)(5)(A)(i) of the Act, the all-others
                                                discussion of the issues raised by parties               list of the issues that parties raised, and
                                                for this final determination, may be                                                                           rate excludes zero and de minimis rates
                                                                                                         to which we responded in the Issues                   calculated for the exporters and
                                                found in the Issues and Decision                         and Decision Memorandum, is attached
                                                Memorandum.2 The Issues and Decision                                                                           producers individually investigated, as
                                                                                                         to this notice at Appendix I.                         well as any rates determined entirely
                                                Memorandum is a public document and
                                                is on file electronically via Enforcement                Use of Adverse Facts Available                        under section 776 of the Act. Because
                                                and Compliance’s Antidumping and                                                                               the only individually calculated rate is
                                                                                                           In making this final determination,
                                                Countervailing Duty Centralized                          the Department relied, in part, on facts              the rate calculated for JSWSL and
                                                Electronic Service System (ACCESS).                      available and, because JSW Steel                      JSCPL, in accordance with section
                                                ACCESS is available to registered users                                                                        705(c)(5)(A)(i) of the Act, the rate
                                                                                                           3 See Memorandum to Christian Marsh, Deputy         calculated for JSWSL and JSCPL is
                                                  1 See Countervailing Duty Investigation of Certain     Assistant Secretary for Antidumping and               assigned as the ‘‘all-others’’ rate. The
                                                Cold-Rolled Steel Flat Products From India:              Countervailing Duty Operations, ‘‘Certain Cold-       estimated countervailable subsidy rates
                                                Preliminary Affirmative Determination and                Rolled Steel Products from Brazil, the People’s       are as follows:
                                                Alignment of Final Determination With Final              Republic of China, India, Japan, the Republic of
                                                Antidumping Duty Determination, 80 FR 79562              Korea, the Russian Federation, and the United
                                                (December 22, 2015) (Preliminary Determination).         Kingdom: Scope Comments Decision Memorandum                        Company                        Subsidy rate
                                                  2 See Memorandum from Christian Marsh, Deputy          for the Preliminary Determinations,’’ dated
ebenthall on DSK5MVXVN1PROD with NOTICES




                                                Assistant Secretary for Antidumping and                  February 29, 2016.                                    JSW Steel Limited and JSW                  10.00 percent
                                                Countervailing Duty Operations, to Paul Piquado,           4 See Memorandum to Christian Marsh, Deputy
                                                                                                                                                                 Steel Coated Products                      ad valorem.
                                                Assistant Secretary for Enforcement and                  Assistant Secretary for Antidumping and                 Limited.
                                                Compliance, ‘‘Issues and Decision Memorandum for         Countervailing Duty Operations, ‘‘Certain Cold-
                                                the Final Determination in the Countervailing Duty       Rolled Steel Products from Brazil, the People’s
                                                                                                                                                               All-Others .............................   10.00 percent
                                                Investigation of Certain Cold-Rolled Steel Flat          Republic of China, India, Japan, the Republic of                                                   ad valorem.
                                                Products from India’’ (Issues and Decision               Korea, the Russian Federation, and the United
                                                Memorandum), dated concurrently with this                Kingdom: ‘‘Final Scope Comments Decision
                                                determination and hereby adopted by this notice.         Memorandum,’’ dated May 16, 2016.                       5 See   sections 776(a) and (b) of the Act.



                                           VerDate Sep<11>2014   21:05 Jul 29, 2016   Jkt 238001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\29JYN1.SGM     29JYN1


                                                                                 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices                                                49933

                                                Disclosure                                               Notification Regarding Administrative                 and include products of either rectangular or
                                                                                                         Protective Orders (APOs)                              non-rectangular cross-section where such
                                                  We intend to disclose to parties in                                                                          cross-section is achieved subsequent to the
                                                this proceeding the calculations                            In the event the ITC issues a final                rolling process, i.e., products which have
                                                performed for this final determination                   negative injury determination, this                   been ‘‘worked after rolling’’ (e.g., products
                                                within five days of the date of public                   notice will serve as the only reminder                which have been beveled or rounded at the
                                                                                                         to parties subject to an APO of their                 edges). For purposes of the width and
                                                announcement of our final
                                                                                                         responsibility concerning the                         thickness requirements referenced above:
                                                determination, in accordance with 19                                                                              (1) where the nominal and actual
                                                CFR 351.224(b).                                          disposition of proprietary information
                                                                                                                                                               measurements vary, a product is within the
                                                                                                         disclosed under APO in accordance
                                                Continuation of Suspension of                                                                                  scope if application of either the nominal or
                                                                                                         with 19 CFR 351.305(a)(3). Timely                     actual measurement would place it within
                                                Liquidation                                              written notification of the return or                 the scope based on the definitions set forth
                                                                                                         destruction of APO materials, or                      above, and
                                                   As a result of our Preliminary
                                                                                                         conversion to judicial protective order,                 (2) where the width and thickness vary for
                                                Determination and pursuant to section
                                                                                                         is hereby requested. Failure to comply                a specific product (e.g., the thickness of
                                                703(d) of the Act, we instructed U.S.                                                                          certain products with non-rectangular cross-
                                                                                                         with the regulations and terms of an
                                                Customs and Border Protection (CBP) to                                                                         section, the width of certain products with
                                                                                                         APO is a violation that is subject to
                                                suspend liquidation of all entries of                                                                          non-rectangular shape, etc.), the
                                                                                                         sanction.
                                                merchandise under consideration from                        This determination and notice are                  measurement at its greatest width or
                                                India that were entered, or withdrawn                                                                          thickness applies.
                                                                                                         issued and published pursuant to                         Steel products included in the scope of this
                                                from warehouse, for consumption on or                    sections 705(d) and 777(i) of the Act.
                                                after December 22, 2015, the date of the                                                                       investigation are products in which: (1) Iron
                                                                                                           Dated: July 20, 2016.                               predominates, by weight, over each of the
                                                publication of the Preliminary
                                                                                                         Paul Piquado,                                         other contained elements; (2) the carbon
                                                Determination in the Federal Register.                                                                         content is 2 percent or less, by weight; and
                                                In accordance with section 703(d) of the                 Assistant Secretary for Enforcement and               (3) none of the elements listed below exceeds
                                                Act, we issued instructions to CBP to                    Compliance.                                           the quantity, by weight, respectively
                                                discontinue the suspension of                            Appendix I—List of Topics Discussed in                indicated:
                                                liquidation for countervailing duty                      the Issues and Decision Memorandum                    • 2.50 percent of manganese, or
                                                (CVD) purposes for subject merchandise                                                                         • 3.30 percent of silicon, or
                                                entered, or withdrawn from warehouse,                    I. Summary                                            • 1.50 percent of copper, or
                                                on or after April 20, 2016, but to                       II. Background                                        • 1.50 percent of aluminum, or
                                                continue the suspension of liquidation
                                                                                                         III. Scope of the Investigation                       • 1.25 percent of chromium, or
                                                                                                         IV. Subsidies Valuation                               • 0.30 percent of cobalt, or
                                                of all entries from December 22, 2015                    V. Benchmarks and Discount Rates                      • 0.40 percent of lead, or
                                                through April 19, 2016.                                  VI. Use of Facts Otherwise Available and              • 2.00 percent of nickel, or
                                                   If the U.S. International Trade                             Adverse Inferences                              • 0.30 percent of tungsten (also called
                                                Commission (ITC) issues a final                          VII. Analysis of Programs                                wolfram), or
                                                affirmative injury determination, we                     VIII. Analysis of Comments                            • 0.80 percent of molybdenum, or
                                                will issue a CVD order and will reinstate
                                                                                                            Comment 1: Application of AFA to JSW               • 0.10 percent of niobium (also called
                                                                                                               Steel (Salav) Ltd.                                 columbium), or
                                                the suspension of liquidation under                         Comment 2: Calculation of Benefits Under           • 0.30 percent of vanadium, or
                                                section 706(a) of the Act and will                             the Export Promotion of Capital Goods           • 0.30 percent of zirconium
                                                require a cash deposit of estimated                            Scheme                                             Unless specifically excluded, products are
                                                CVDs for such entries of subject                            Comment 3: JSCPL’s Electricity Duty                included in this scope regardless of levels of
                                                merchandise in the amounts indicated                           Exemptions                                      boron and titanium.
                                                above. If the ITC determines that                           Comment 4: Adjustment to Export Sales                 For example, specifically included in this
                                                material injury, or threat of material                         Denominators                                    scope are vacuum degassed, fully stabilized
                                                                                                            Comment 5: Rounding of Program Rates               (commonly referred to as interstitial-free (IF))
                                                injury, does not exist, this proceeding
                                                                                                         IX. Recommendation                                    steels, high strength low alloy (HSLA) steels,
                                                will be terminated and all estimated
                                                duties deposited or securities posted as                 Appendix II—Scope of the Investigation                motor lamination steels, Advanced High
                                                                                                                                                               Strength Steels (AHSS), and Ultra High
                                                a result of the suspension of liquidation                   The products covered by this investigation         Strength Steels (UHSS). IF steels are
                                                will be refunded or canceled.                            are certain cold-rolled (cold-reduced), flat-         recognized as low carbon steels with micro-
                                                International Trade Commission                           rolled steel products, whether or not                 alloying levels of elements such as titanium
                                                                                                         annealed, painted, varnished, or coated with          and/or niobium added to stabilize carbon and
                                                Notification
                                                                                                         plastics or other non-metallic substances.            nitrogen elements. HSLA steels are
                                                  In accordance with section 705(d) of                   The products covered do not include those             recognized as steels with micro-alloying
                                                the Act, we will notify the ITC of our                   that are clad, plated, or coated with metal.          levels of elements such as chromium, copper,
                                                                                                         The products covered include coils that have          niobium, titanium, vanadium, and
                                                determination. In addition, we are                       a width or other lateral measurement                  molybdenum. Motor lamination steels
                                                making available to the ITC all non-                     (‘‘width’’) of 12.7 mm or greater, regardless         contain micro-alloying levels of elements
                                                privileged and non-proprietary                           of form of coil (e.g., in successively                such as silicon and aluminum. AHSS and
                                                information relating to this                             superimposed layers, spirally oscillating,            UHSS are considered high tensile strength
                                                investigation. We will allow the ITC                     etc.). The products covered also include              and high elongation steels, although AHSS
                                                access to all privileged and business                    products not in coils (e.g., in straight lengths)     and UHSS are covered whether or not they
                                                proprietary information in our files,                    of a thickness less than 4.75 mm and a width          are high tensile strength or high elongation
ebenthall on DSK5MVXVN1PROD with NOTICES




                                                provided the ITC confirms that it will                   that is 12.7 mm or greater and that measures          steels.
                                                not disclose such information, either                    at least 10 times the thickness. The products            Subject merchandise includes cold-rolled
                                                                                                         covered also include products not in coils            steel that has been further processed in a
                                                publicly or under an administrative                      (e.g., in straight lengths) of a thickness of 4.75    third country, including but not limited to
                                                protective order (APO), without the                      mm or more and a width exceeding 150 mm               annealing, tempering, painting, varnishing,
                                                written consent of the Assistant                         and measuring at least twice the thickness.           trimming, cutting, punching, and/or slitting,
                                                Secretary for Enforcement and                            The products described above may be                   or any other processing that would not
                                                Compliance.                                              rectangular, square, circular, or other shape         otherwise remove the merchandise from the



                                           VerDate Sep<11>2014   21:05 Jul 29, 2016   Jkt 238001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\29JYN1.SGM   29JYN1


                                                49934                             Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices

                                                scope of the investigation if performed in the              The products subject to this investigation                MA 02210. Instrument: Electron
                                                country of manufacture of the cold-rolled                 are currently classified in the Harmonized                  Microscope. Manufacturer: JEOL Ltd.,
                                                steel.                                                    Tariff Schedule of the United States (HTSUS)                Japan. Intended Use: See notice at 81 FR
                                                  All products that meet the written physical             under item numbers: 7209.15.0000,                           11517, March 4, 2016.
                                                description, and in which the chemistry                   7209.16.0030, 7209.16.0060, 7209.16.0070,
                                                quantities do not exceed any one of the noted
                                                                                                                                                                         Docket Number: 15–051. Applicant:
                                                                                                          7209.16.0091, 7209.17.0030, 7209.17.0060,
                                                element levels listed above, are within the               7209.17.0070, 7209.17.0091, 7209.18.1530,
                                                                                                                                                                      Iowa State University of Science and
                                                scope of this investigation unless specifically           7209.18.1560, 7209.18.2510, 7209.18.2520,                   Technology, Ames, IA 50011–3020.
                                                excluded. The following products are outside              7209.18.2580, 7209.18.6020, 7209.18.6090,                   Instrument: Electron Microscope.
                                                of and/or specifically excluded from the                  7209.25.0000, 7209.26.0000, 7209.27.0000,                   Manufacturer: FEI Company, Czech
                                                scope of this investigation:                              7209.28.0000, 7209.90.0000, 7210.70.3000,                   Republic and Great Britain. Intended
                                                  • Ball bearing steels; 1                                7211.23.1500, 7211.23.2000, 7211.23.3000,                   Use: See notice at 81 FR 32724, May 24,
                                                  • Tool steels; 2                                        7211.23.4500, 7211.23.6030, 7211.23.6060,                   2016.
                                                  • Silico-manganese steel; 3                             7211.23.6090, 7211.29.2030, 7211.29.2090,                      Docket Number: 15–054. Applicant:
                                                  • Grain-oriented electrical steels (GOES) as            7211.29.4500, 7211.29.6030, 7211.29.6080,
                                                defined in the final determination of the U.S.                                                                        University of Connecticut Health
                                                                                                          7211.90.0000, 7212.40.1000, 7212.40.5000,                   Center, Farmington, CT 06030.
                                                Department of Commerce in Grain-Oriented                  7225.50.6000, 7225.50.8080, 7225.99.0090,
                                                Electrical Steel From Germany, Japan, and                 7226.92.5000, 7226.92.7050, and
                                                                                                                                                                      Instrument: Electron Microscope.
                                                Poland.4                                                  7226.92.8050. The products subject to the                   Manufacturer: FEI Company, Czech
                                                  • Non-Oriented Electrical Steels (NOES),                investigation may also enter under the                      Republic. Intended Use: See notice at 81
                                                as defined in the antidumping orders issued               following HTSUS numbers: 7210.90.9000,                      FR 11517, March 4, 2016.
                                                by the U.S. Department of Commerce in Non-                7212.50.0000, 7215.10.0010, 7215.10.0080,                      Docket Number: 15–056. Applicant:
                                                Oriented Electrical Steel From the People’s
                                                                                                          7215.50.0016, 7215.50.0018, 7215.50.0020,                   St. Jude Children’s Research Hospital,
                                                Republic of China, Germany, Japan, the
                                                                                                          7215.50.0061, 7215.50.0063, 7215.50.0065,                   Memphis, TN 38105. Instrument:
                                                Republic of Korea, Sweden, and Taiwan.5
                                                                                                          7215.50.0090, 7215.90.5000, 7217.10.1000,                   Electron Microscope. Manufacturer: FEI
                                                   1 Ball bearing steels are defined as steels which
                                                                                                          7217.10.2000, 7217.10.3000, 7217.10.7000,                   Company, Czech Republic. Intended
                                                                                                          7217.90.1000, 7217.90.5030, 7217.90.5060,                   Use: See notice at 81 FR 11517, March
                                                contain, in addition to iron, each of the following
                                                                                                          7217.90.5090, 7225.19.0000, 7226.19.1000,
                                                elements by weight in the amount specified: (i) Not
                                                                                                          7226.19.9000, 7226.99.0180, 7228.50.5015,
                                                                                                                                                                      4, 2016.
                                                less than 0.95 nor more than 1.13 percent of carbon;                                                                     Docket Number: 15–059. Applicant:
                                                (ii) not less than 0.22 nor more than 0.48 percent        7228.50.5040, 7228.50.5070, 7228.60.8000,
                                                of manganese; (iii) none, or not more than 0.03           and 7229.90.1000.                                           Rutgers University, Piscataway, NJ
                                                percent of sulfur; (iv) none, or not more than 0.03         The HTSUS subheadings above are                           00854. Instrument: Low Temperature
                                                percent of phosphorus; (v) not less than 0.18 nor         provided for convenience and U.S. Customs                   Scanning Tunneling Microscope.
                                                more than 0.37 percent of silicon; (vi) not less than     purposes only. The written description of the               Manufacturer: Unisoku, Japan. Intended
                                                1.25 nor more than 1.65 percent of chromium; (vii)
                                                none, or not more than 0.28 percent of nickel; (viii)
                                                                                                          scope of the investigation is dispositive.                  Use: See notice at 81 FR 11517, March
                                                none, or not more than 0.38 percent of copper; and        [FR Doc. 2016–17948 Filed 7–28–16; 8:45 am]                 4, 2016.
                                                (ix) none, or not more than 0.09 percent of               BILLING CODE 3510–DS–P                                         Docket Number: 15–060. Applicant:
                                                molybdenum.                                                                                                           Kent State University, Kent, OH 44242.
                                                   2 Tool steels are defined as steels which contain

                                                the following combinations of elements in the
                                                                                                                                                                      Instrument: Electron Microscope.
                                                quantity by weight respectively indicated: (i) More       DEPARTMENT OF COMMERCE                                      Manufacturer: FEI Company, the
                                                than 1.2 percent carbon and more than 10.5 percent                                                                    Netherlands. Intended Use: See notice at
                                                chromium; or (ii) not less than 0.3 percent carbon        International Trade Administration                          81 FR 11517, March 4, 2016.
                                                and 1.25 percent or more but less than 10.5 percent                                                                      Docket Number: 16–003. Applicant:
                                                chromium; or (iii) not less than 0.85 percent carbon      Dana-Farber Cancer Institute, et al.;
                                                and 1 percent to 1.8 percent, inclusive, manganese;                                                                   Oregon Health and Science University,
                                                or (iv) 0.9 percent to 1.2 percent, inclusive,            Notice of Consolidated Decision on                          Portland, OR 97239. Instrument:
                                                chromium and 0.9 percent to 1.4 percent, inclusive,       Applications for Duty-Free Entry of                         Electron Microscope. Manufacturer: FEI
                                                molybdenum; or (v) not less than 0.5 percent carbon       Electron Microscope                                         Company, the Netherlands. Intended
                                                and not less than 3.5 percent molybdenum; or (vi)
                                                not less than 0.5 percent carbon and not less than          This is a decision consolidated                           Use: See notice at 81 FR 32724–25, May
                                                5.5 percent tungsten.                                     pursuant to Section 6(c) of the                             24, 2016.
                                                   3 Silico-manganese steel is defined as steels
                                                                                                          Educational, Scientific, and Cultural                          Docket Number: 16–006. Applicant:
                                                containing by weight: (i) Not more than 0.7 percent                                                                   Texas Southwestern Medical Center,
                                                of carbon; (ii) 0.5 percent or more but not more than     Materials Importation Act of 1966 (Pub.
                                                1.9 percent of manganese, and (iii) 0.6 percent or        L. 89–651, as amended by Pub. L. 106–                       Dallas, TX 75390. Instrument: Electron
                                                more but not more than 2.3 percent of silicon.            36; 80 Stat. 897; 15 CFR part 301).                         Microscope. Manufacturer: FEI
                                                   4 Grain-Oriented Electrical Steel From Germany,
                                                                                                          Related records can be viewed between                       Company, the Netherlands. Intended
                                                Japan, and Poland: Final Determinations of Sales at
                                                                                                          8:30 a.m. and 5:00 p.m. in Room 3720,                       Use: See notice at 81 FR 32724–25, May
                                                Less Than Fair Value and Certain Final Affirmative                                                                    24, 2016.
                                                Determination of Critical Circumstances, 79 FR            U.S. Department of Commerce, 14th and
                                                                                                                                                                         Docket Number: 16–009. Applicant:
                                                42501, 42503 (Dep’t of Commerce, July 22, 2014).          Constitution Avenue NW., Washington,
                                                This determination defines grain-oriented electrical                                                                  Stanford University, Stanford, CA
                                                                                                          DC.
                                                steel as ‘‘a flat-rolled alloy steel product containing
                                                                                                            Docket Number: 15–047. Applicant:                         94305–5126. Instrument: Electron
                                                by weight at least 0.6 percent but not more than 6                                                                    Microscope. Manufacturer: FEI
                                                percent of silicon, not more than 0.08 percent of         Dana-Farber Cancer Institute, Boston,
                                                carbon, not more than 1.0 percent of aluminum, and
                                                                                                                                                                      Company, the Netherlands. Intended
                                                no other element in an amount that would give the         term ‘substantially equal’ means that the cross grain       Use: See notice at 81 FR 32724, May 24,
                                                steel the characteristics of another alloy steel, in      direction of core loss is no more than 1.5 times the        2016.
                                                coils or in straight lengths.’’                           straight grain direction (i.e., the rolling direction) of      Comments: None received. Decision:
                                                   5 Non-Oriented Electrical Steel From the People’s      core loss. NOES has a magnetic permeability that            Approved. No instrument of equivalent
ebenthall on DSK5MVXVN1PROD with NOTICES




                                                Republic of China, Germany, Japan, the Republic of        does not exceed 1.65 Tesla when tested at a field
                                                Korea, Sweden, and Taiwan: Antidumping Duty               of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
                                                                                                                                                                      scientific value to the foreign
                                                Orders, 79 FR 71741, 71741–42 (Dep’t of                   parallel to) the rolling direction of the sheet (i.e.,      instrument, for such purposes as this
                                                Commerce, Dec. 3, 2014). The orders define NOES           B800 value). NOES contains by weight more than              instrument is intended to be used, is
                                                as ‘‘cold-rolled, flat-rolled, alloy steel products,      1.00 percent of silicon but less than 3.5 percent of        being manufactured in the United States
                                                whether or not in coils, regardless of width, having      silicon, not more than 0.08 percent of carbon, and
                                                an actual thickness of 0.20 mm or more, in which          not more than 1.5 percent of aluminum. NOES has
                                                                                                                                                                      at the time the instrument was ordered.
                                                the core loss is substantially equal in any direction     a surface oxide coating, to which an insulation             Reasons: Each foreign instrument is an
                                                of magnetization in the plane of the material. The        coating may be applied.’’                                   electron microscope and is intended for


                                           VerDate Sep<11>2014    21:05 Jul 29, 2016   Jkt 238001   PO 00000   Frm 00013   Fmt 4703    Sfmt 4703    E:\FR\FM\29JYN1.SGM    29JYN1



Document Created: 2018-02-08 07:51:36
Document Modified: 2018-02-08 07:51:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective July 29, 2016.
ContactErin Kearney, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482- 0167.
FR Citation81 FR 49932 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR