81_FR_50081 81 FR 49935 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From the Russian Federation: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination

81 FR 49935 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From the Russian Federation: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range49935-49938
FR Document2016-17937

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 the Russian Federation (Russia). For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation (POI) 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 49935-49938]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17937]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-821-823]


Countervailing Duty Investigation of Certain Cold-Rolled Steel 
Flat Products From the Russian Federation: Final Affirmative 
Countervailing Duty Determination and Final Negative Critical 
Circumstances 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 the 
Russian Federation (Russia). For information on the estimated subsidy 
rates, see the ``Final Determination'' section of this notice. The 
period of investigation (POI) is January 1, 2014, through December 31, 
2014.

DATES: Effective July 29, 2016.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson (the NLMK Companies) 
and Stephanie Moore (the Severstal Companies), AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4793 and (202) 482-3692, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Determination on December 
22, 2015.\1\ On July 1, 2016, the Department issued a Post-Preliminary 
Decision Memorandum with respect to the Provision of Mining Rights for 
Less Than Adequate Remuneration (LTAR) program.\2\ A complete summary 
of the events that occurred since 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, which is hereby adopted by this notice.\3\ 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 http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Final 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version identical in content.
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    \1\ See Countervailing Duty Investigation of Certain Cold-Rolled 
Steel Flat Products from the Russian Federation: Preliminary 
Affirmative Countervailing Duty Determination, Preliminary Negative 
Critical Circumstances Determination, and Alignment of Final 
Determination With Final Antidumping Duty Determination, 80 FR 79564 
(December 22, 2015) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum To Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, titled ``Decision 
Memorandum for the Post-Preliminary Analysis of Program Which 
Required More Information at the Preliminary Determination: 
Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat 
Products from the Russian Federation,'' dated July 1, 2016 (Post-
Preliminary Decision Memorandum).
    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Countervailing Duty Investigation of Certain Cold-Rolled Steel 
Flat Products from the Russian Federation: Issues and Decision 
Memorandum for the Final Determination,'' dated concurrently with 
this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are cold-rolled steel 
flat products from Russia. 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,\4\ the 
Department set aside a period of time for parties to address the scope 
issues in case briefs or other written comments on scope issues.
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    \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: Scope Comments Decision 
Memorandum for the Preliminary Determinations,'' dated February 29, 
2016.
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    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.\5\ 
The Final Scope Decision Memorandum is incorporated by, and hereby 
adopted by, this notice.
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    \5\ 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.
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision 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 with regard to specificity of the Provision of 
Natural Gas for LTAR, to specificity of the Provision of Mining Rights 
for LTAR program, and to the Severstal Companies' use of the Tax 
Deduction for Exploration Expenses. Because neither the Government of 
Russia nor the Severstal Companies acted to the best of their ability 
in responding to the Department's requests for certain information, we 
drew an adverse inference where appropriate in selecting from among the 
facts otherwise available.\6\ For further information, see the section 
``Use of Facts Otherwise Available and Adverse Inferences'' in the 
accompanying Issues and Decision Memorandum.
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    \6\ See sections 776(a) and (b) of the Act.
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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 respondents' subsidy rate 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

[[Page 49936]]

Final Negative Determination of Critical Circumstances

    As discussed in the Preliminary Determination, on October 30, 2015, 
Petitioners \7\ filed a timely critical circumstances allegation, 
pursuant to section 703(e)(1) of the Tariff Act of 1930, as amended 
(the Act). and 19 CFR 351.206(c)(1), alleging that critical 
circumstances exist with respect to imports of cold-rolled steel from 
Russia.\8\ We continue to determine that critical circumstances do not 
exist for the NLMK Companies, the Severstal Companies, and all other 
producers/exporters of subject merchandise in Russia. A discussion of 
our negative determination of critical circumstances can be found in 
the Issues and Decision Memorandum at the section, ``Final 
Determination of Critical Circumstances.''
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    \7\ Petitioners are ArcelorMittal USA LLC, United States Steel 
Corporation, Nucor Corporation, Steel Dynamics, Inc., California 
Steel Industries, and AK Steel Corporation.
    \8\ See Preliminary Determination, 80 FR at 79565.
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Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for the NLMK Companies and the Severstal Companies, 
the exporters/producers 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 mandatory 
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. In this 
investigation, the only non-de minimis rate is the rate calculated for 
the NLMK Companies. Consequently, the rate calculated for the NLMK 
Companies is assigned as the all others rate. On this basis, the 
estimated countervailable subsidy rates are as follows:

------------------------------------------------------------------------
                  Company                            Subsidy rate
------------------------------------------------------------------------
Novolipetsk Steel OJSC, Novex Trading        6.95 percent ad valorem.
 (Swiss) S.A., Altai-Koks OJSC, Dolomite
 OJSC, Stoilensky OJSC, Studenovskaya
 (Stagdok) OJSC, Trading House LLC,
 Vtorchermet NLMK LLC, Vtorchermet OJSC,
 and Vtorchermet NLMK Center LLC
 (collectively, the NLMK Companies).
PAO Severstal, Severstal Export GmbH, JSC    0.62 percent ad valorem (de
 Karelsky Okatysh, AO OLKON, AO               minimis).
 Vorkutaugol, and JSC Vtorchermet
 (collectively, the Severstal Companies).
All Others.................................  6.95 percent ad valorem.
------------------------------------------------------------------------

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 affirmative 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 cold-
rolled steel from Russia, other than subject merchandise produced/
exported by the Severstal Companies which received a preliminary de 
minimis countervailing duty rate, that were entered or withdrawn from 
warehouse, for consumption, on or after December 22, 2015, the date of 
publication of the Preliminary Determination in the Federal 
Register.\9\ 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.
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    \9\ See Preliminary Determination, 80 FR at 79565.
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    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 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 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. Final Determination of Critical Circumstances
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and

[[Page 49937]]

Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Whether Gazprom Is a Government Authority
    Comment 2: Whether the Provision of Natural Gas for LTAR Is De 
Facto Specific
    Comment 3: Whether the Natural Gas Market in Russia Is Distorted
    Comment 4: Standard Applied to Select a Tier Two Benchmark
    Comment 5: Availability of Tier Two Natural Gas Prices to 
Purchasers in Russia
    Comment 6: Comparability Adjustments to a Tier Two Benchmark
    Comment 7: Whether the Department Should Use a Tier Three 
Benchmark
    Comment 8: Whether to Adjust the Natural Gas Benchmark to 
Reflect Revised Data
    Comment 9: Whether the NLMK Companies Benefited from the 
Provision of Mining Rights
    Comment 10: Whether Timing of the Post-Preliminary Decision 
Memorandum Violated Interested Parties Due Process Rights
    Comment 11: Whether the GOR's Provision of Mining Rights 
Constitutes General Infrastructure that Is Not Countervailable
    Comment 12: Whether the GOR Acted to the Best of Its Ability 
With Regard to Usage Data Provided in Connection with the Provision 
of Mining Rights for LTAR Program
    Comment 13: Whether the Provision of Mining Rights Is Specific
    Comment 14: Whether the Mining Rights for LTAR Program Confers 
Recurring Benefits
    Comment 15: Use of Mining Rights--Not Coal--to Measure the 
Benefit
    Comment 16: Whether to Deduct Costs from the Coal Benchmark 
Rather than Adding Costs to the Extraction Price Paid by the 
Severstal Companies
    Comment 17: Revisions to Coal Benchmark Price Calculated in 
Post-Preliminary Decision Memorandum
    Comment 18: Whether to Countervail the Severstal Companies' Tax 
Debt Write-Offs
    Comment 19: Reduction in Extraction Payments Program
    Comment 20: Whether the Tax Deduction for Exploration Expenses 
Is Specific
    Comment 21: Whether to Apply Adverse Facts Available With Regard 
to the Benefit the Severstal Companies Received Under the Tax 
Deduction for Exploration Expenses Program
    Comment 22: Applicable De Minimis Rate for Russian CVD 
Proceedings
    Comment 23: Use of the NLMK Companies' Verified Sales Data
    Comment 24: Calculation of the Severstal Companies' Sales 
Denominator
X. 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 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 these 
investigation unless specifically excluded. The following products 
are outside of and/or specifically excluded from the scope of these 
investigation:
     Ball bearing steels; \10\
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    \10\ 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.
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     Tool steels; \11\
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    \11\ 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.
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     Silico-manganese steel; \12\
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    \12\ 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.
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     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.\13\
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    \13\ See Grain-Oriented Electrical Steel From Germany, Japan, 
and Poland: Final Determinations of Sales at Less Than Fair Value 
and Certain Final Affirmative Determination of Critical 
Circumstances, 79 FR 42,501, 42,503 (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.''

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[[Page 49938]]

     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.\14\
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    \14\ See Non-Oriented Electrical Steel from the People's 
Republic of China, Germany, Japan, the Republic of Korea, Sweden, 
and Taiwan: Antidumping Duty Orders, 79 FR 71,741, 71,741-42 (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.''
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    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. 2016-17937 Filed 7-28-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices                                                  49935

                                                research or scientific educational uses                  Department issued a Post-Preliminary                  or other written comments on scope
                                                requiring an electron microscope. We                     Decision Memorandum with respect to                   issues.
                                                know of no electron microscope, or any                   the Provision of Mining Rights for Less                  For a summary of the product
                                                other instrument suited to these                         Than Adequate Remuneration (LTAR)                     coverage comments and rebuttal
                                                purposes, which was being                                program.2 A complete summary of the                   responses submitted to the records of
                                                manufactured in the United States at the                 events that occurred since the                        the cold-rolled steel investigations, and
                                                time of order of each instrument.                        Preliminary Determination, as well as a               accompanying discussion and analysis
                                                  Dated: July 22, 2016.                                  full discussion of the issues raised by               of all comments timely received, see the
                                                Gregory W. Campbell,                                     parties for this final determination, may             Final Scope Decision Memorandum.5
                                                Director, Subsidies Enforcement Office,                  be found in the Issues and Decision                   The Final Scope Decision Memorandum
                                                Enforcement and Compliance.                              Memorandum, which is hereby adopted                   is incorporated by, and hereby adopted
                                                [FR Doc. 2016–18018 Filed 7–28–16; 8:45 am]              by this notice.3 The Issues and Decision              by, this notice.
                                                BILLING CODE 3510–DS–P                                   Memorandum is a public document and
                                                                                                         is on file electronically via Enforcement             Analysis of Subsidy Programs and
                                                                                                         and Compliance’s Antidumping and                      Comments Received
                                                DEPARTMENT OF COMMERCE                                   Countervailing Duty Centralized                          The subsidy programs under
                                                                                                         Electronic Service System (ACCESS).                   investigation and the issues raised in
                                                International Trade Administration                       ACCESS is available to registered users               the case and rebuttal briefs by parties in
                                                [C–821–823]                                              at http://access.trade.gov, and is                    this investigation are discussed in the
                                                                                                         available to all parties in the Central               Issues and Decision Memorandum. A
                                                Countervailing Duty Investigation of                     Records Unit, Room B8024 of the main                  list of the issues that parties raised, and
                                                Certain Cold-Rolled Steel Flat Products                  Department of Commerce building. In                   to which we responded in the Issues
                                                From the Russian Federation: Final                       addition, a complete version of the Final
                                                Affirmative Countervailing Duty                                                                                and Decision Memorandum, is attached
                                                                                                         Decision Memorandum can be accessed                   to this notice at Appendix I.
                                                Determination and Final Negative                         directly at http://enforcement.trade.gov/
                                                Critical Circumstances Determination                     frn/. The signed Issues and Decision                  Use of Adverse Facts Available
                                                AGENCY:   Enforcement and Compliance,                    Memorandum and the electronic
                                                                                                         version identical in content.                           In making this final determination,
                                                International Trade Administration,                                                                            the Department relied, in part, on facts
                                                Department of Commerce.                                  Scope of the Investigation                            available with regard to specificity of
                                                SUMMARY: The Department of Commerce                                                                            the Provision of Natural Gas for LTAR,
                                                (the Department) determines that                           The products covered by this                        to specificity of the Provision of Mining
                                                countervailable subsidies are being                      investigation are cold-rolled steel flat              Rights for LTAR program, and to the
                                                provided to producers and exporters of                   products from Russia. For a complete                  Severstal Companies’ use of the Tax
                                                certain cold-rolled steel flat products                  description of the scope of this                      Deduction for Exploration Expenses.
                                                (cold-rolled steel) from the Russian                     investigation, see the ‘‘Scope of the                 Because neither the Government of
                                                Federation (Russia). For information on                  Investigation,’’ in Appendix II of this               Russia nor the Severstal Companies
                                                the estimated subsidy rates, see the                     notice.                                               acted to the best of their ability in
                                                ‘‘Final Determination’’ section of this
                                                                                                         Scope Comments                                        responding to the Department’s requests
                                                notice. The period of investigation (POI)
                                                                                                                                                               for certain information, we drew an
                                                is January 1, 2014, through December
                                                                                                           In accordance with the Preliminary                  adverse inference where appropriate in
                                                31, 2014.
                                                                                                         Scope Determination,4 the Department                  selecting from among the facts
                                                DATES: Effective July 29, 2016.
                                                                                                         set aside a period of time for parties to             otherwise available.6 For further
                                                FOR FURTHER INFORMATION CONTACT:                         address the scope issues in case briefs               information, see the section ‘‘Use of
                                                Kristen Johnson (the NLMK Companies)                                                                           Facts Otherwise Available and Adverse
                                                and Stephanie Moore (the Severstal                         2 See Memorandum To Ronald K. Lorentzen,            Inferences’’ in the accompanying Issues
                                                Companies), AD/CVD Operations, Office                    Acting Assistant Secretary for Enforcement and        and Decision Memorandum.
                                                III, Enforcement and Compliance,                         Compliance, titled ‘‘Decision Memorandum for the
                                                International Trade Administration,                      Post-Preliminary Analysis of Program Which            Changes Since the Preliminary
                                                U.S. Department of Commerce, 14th                        Required More Information at the Preliminary          Determination
                                                                                                         Determination: Countervailing Duty Investigation of
                                                Street and Constitution Avenue NW.,                      Certain Cold-Rolled Steel Flat Products from the
                                                Washington, DC 20230; telephone: (202)                   Russian Federation,’’ dated July 1, 2016 (Post-
                                                                                                                                                                 Based on our analysis of the
                                                482–4793 and (202) 482–3692,                             Preliminary Decision Memorandum).                     comments received from parties and the
                                                respectively.                                              3 See Memorandum from Christian Marsh, Deputy       minor corrections presented, and
                                                                                                         Assistant Secretary for Antidumping and               additional items discovered at
                                                SUPPLEMENTARY INFORMATION:                               Countervailing Duty Operations, to Paul Piquado,      verification, we made certain changes to
                                                                                                         Assistant Secretary for Enforcement and
                                                Background                                               Compliance, ‘‘Countervailing Duty Investigation of    the respondents’ subsidy rate
                                                  The Department published the                           Certain Cold-Rolled Steel Flat Products from the      calculations. For a discussion of these
                                                Preliminary Determination on December
                                                                                                         Russian Federation: Issues and Decision               changes, see the Issues and Decision
                                                                                                         Memorandum for the Final Determination,’’ dated       Memorandum.
                                                22, 2015.1 On July 1, 2016, the                          concurrently with this notice (Issues and Decision
                                                                                                         Memorandum).
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                                                  1 See Countervailing Duty Investigation of Certain       4 See Memorandum to Christian Marsh, Deputy           5 See Memorandum to Christian Marsh, Deputy

                                                Cold-Rolled Steel Flat Products from the Russian         Assistant Secretary for Antidumping and               Assistant Secretary for Antidumping and
                                                Federation: Preliminary Affirmative Countervailing       Countervailing Duty Operations, ‘‘Certain Cold-       Countervailing Duty Operations, ‘‘Certain Cold-
                                                Duty Determination, Preliminary Negative Critical        Rolled Steel Products from Brazil, the People’s       Rolled Steel Products from Brazil, the People’s
                                                Circumstances Determination, and Alignment of            Republic of China, India, Japan, the Republic of      Republic of China, India, Japan, the Republic of
                                                Final Determination With Final Antidumping Duty          Korea, the Russian Federation, and the United         Korea, the Russian Federation, and the United
                                                Determination, 80 FR 79564 (December 22, 2015)           Kingdom: Scope Comments Decision Memorandum           Kingdom: ‘‘Final Scope Comments Decision
                                                (Preliminary Determination), and accompanying            for the Preliminary Determinations,’’ dated           Memorandum,’’ dated May 16, 2016.
                                                Preliminary Decision Memorandum.                         February 29, 2016.                                      6 See sections 776(a) and (b) of the Act.




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                                                49936                                        Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices

                                                Final Negative Determination of                                             can be found in the Issues and Decision                                     individual companies selected as
                                                Critical Circumstances                                                      Memorandum at the section, ‘‘Final                                          mandatory respondents with those
                                                                                                                            Determination of Critical                                                   companies’ exports of the subject
                                                  As discussed in the Preliminary                                           Circumstances.’’                                                            merchandise to the United States. Under
                                                Determination, on October 30, 2015,
                                                Petitioners 7 filed a timely critical                                       Final Determination                                                         section 705(c)(5)(A)(i) of the Act, the all-
                                                circumstances allegation, pursuant to                                                                                                                   others rate excludes zero and de
                                                                                                                               In accordance with section
                                                section 703(e)(1) of the Tariff Act of                                                                                                                  minimis rates calculated for the
                                                                                                                            705(c)(1)(B)(i) of the Act, we calculated
                                                1930, as amended (the Act). and 19 CFR                                                                                                                  exporters and producers individually
                                                                                                                            a rate for the NLMK Companies and the
                                                351.206(c)(1), alleging that critical                                       Severstal Companies, the exporters/                                         investigated, as well as any rates
                                                circumstances exist with respect to                                         producers of subject merchandise                                            determined entirely under section 776
                                                imports of cold-rolled steel from                                           selected for individual examination in                                      of the Act. In this investigation, the only
                                                Russia.8 We continue to determine that                                      this investigation.                                                         non-de minimis rate is the rate
                                                critical circumstances do not exist for                                        In accordance with sections                                              calculated for the NLMK Companies.
                                                the NLMK Companies, the Severstal                                           705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the                                  Consequently, the rate calculated for the
                                                Companies, and all other producers/                                         Act, for companies not individually                                         NLMK Companies is assigned as the all
                                                exporters of subject merchandise in                                         investigated, we apply an ‘‘all-others’’                                    others rate. On this basis, the estimated
                                                Russia. A discussion of our negative                                        rate, which is normally calculated by                                       countervailable subsidy rates are as
                                                determination of critical circumstances                                     weighting the subsidy rates of the                                          follows:

                                                                                                                           Company                                                                                                  Subsidy rate

                                                Novolipetsk Steel OJSC, Novex Trading (Swiss) S.A., Altai-Koks OJSC, Dolomite OJSC, Stoilensky OJSC,                                                                     6.95 percent ad valorem.
                                                   Studenovskaya (Stagdok) OJSC, Trading House LLC, Vtorchermet NLMK LLC, Vtorchermet OJSC, and
                                                   Vtorchermet NLMK Center LLC (collectively, the NLMK Companies).
                                                PAO Severstal, Severstal Export GmbH, JSC Karelsky Okatysh, AO OLKON, AO Vorkutaugol, and JSC                                                                            0.62 percent ad valorem (de mini-
                                                   Vtorchermet (collectively, the Severstal Companies).                                                                                                                    mis).
                                                All Others ...........................................................................................................................................................   6.95 percent ad valorem.



                                                Disclosure                                                                  from December 22, 2015 through April                                        Secretary for Enforcement and
                                                                                                                            19, 2016.                                                                   Compliance.
                                                  We intend to disclose to parties in
                                                this proceeding the calculations                                               If the U.S. International Trade                                          Notification Regarding Administrative
                                                performed for this final determination                                      Commission (ITC) issues a final                                             Protective Orders (APOs)
                                                within five days of the date of public                                      affirmative injury determination, we                                           In the event the ITC issues a final
                                                announcement of our final                                                   will issue a CVD order and will reinstate                                   negative injury determination, this
                                                determination, in accordance with 19                                        the suspension of liquidation under                                         notice will serve as the only reminder
                                                CFR 351.224(b).                                                             section 706(a) of the Act and will                                          to parties subject to an APO of their
                                                                                                                            require a cash deposit of estimated                                         responsibility concerning the
                                                Continuation of Suspension of                                               CVDs for such entries of subject                                            disposition of proprietary information
                                                Liquidation                                                                 merchandise in the amounts indicated                                        disclosed under APO in accordance
                                                                                                                            above. If the ITC determines that                                           with 19 CFR 351.305(a)(3). Timely
                                                  As a result of our affirmative
                                                                                                                            material injury, or threat of material                                      written notification of the return or
                                                Preliminary Determination and
                                                                                                                            injury, does not exist, this proceeding                                     destruction of APO materials, or
                                                pursuant to section 703(d) of the Act,
                                                                                                                            will be terminated and all estimated                                        conversion to judicial protective order,
                                                we instructed U.S. Customs and Border
                                                                                                                            duties deposited as a result of the                                         is hereby requested. Failure to comply
                                                Protection (CBP) to suspend liquidation
                                                                                                                            suspension of liquidation will be                                           with the regulations and terms of an
                                                of all entries of cold-rolled steel from
                                                                                                                            refunded or canceled.                                                       APO is a violation subject to sanction.
                                                Russia, other than subject merchandise
                                                produced/exported by the Severstal                                                                                                                         This determination and notice are
                                                                                                                            International Trade Commission
                                                Companies which received a                                                                                                                              issued and published pursuant to
                                                                                                                            Notification
                                                                                                                                                                                                        sections 705(d) and 777(i) of the Act.
                                                preliminary de minimis countervailing
                                                duty rate, that were entered or                                               In accordance with section 705(d) of                                        Dated: July 20, 2016.
                                                withdrawn from warehouse, for                                               the Act, we will notify the ITC of our                                      Paul Piquado,
                                                consumption, on or after December 22,                                       determination. In addition, we are                                          Assistant Secretary for Enforcement and
                                                2015, the date of publication of the                                        making available to the ITC all non-                                        Compliance.
                                                Preliminary Determination in the                                            privileged and non-proprietary
                                                                                                                                                                                                        Appendix I—List of Topics Discussed in
                                                Federal Register.9 In accordance with                                       information relating to this
                                                                                                                                                                                                        the Issues and Decision Memorandum
                                                section 703(d) of the Act, we issued                                        investigation. We will allow the ITC
                                                instructions to CBP to discontinue the                                      access to all privileged and business                                       I. Summary
                                                suspension of liquidation for                                               proprietary information in our files,                                       II. Background
                                                                                                                                                                                                        III. Final Determination of Critical
                                                countervailing duty (CVD) purposes for                                      provided the ITC confirms that it will
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                                                                                                                                                                                                              Circumstances
                                                subject merchandise entered, or                                             not disclose such information, either                                       IV. Scope of the Investigation
                                                withdrawn from warehouse, on or after                                       publicly or under an administrative                                         V. Subsidies Valuation
                                                April 20, 2016, but to continue the                                         protective order (APO), without the                                         VI. Benchmarks and Discount Rates
                                                suspension of liquidation of all entries                                    written consent of the Assistant                                            VII. Use of Facts Otherwise Available and

                                                  7 Petitioners are ArcelorMittal USA LLC, United                           Dynamics, Inc., California Steel Industries, and AK                            8 See   Preliminary Determination, 80 FR at 79565.
                                                States Steel Corporation, Nucor Corporation, Steel                          Steel Corporation.                                                             9 See   Preliminary Determination, 80 FR at 79565.



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                                                                                 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices                                                    49937

                                                     Adverse Inferences                                  The products covered do not include those             recognized as steels with micro-alloying
                                                VIII. Analysis of Programs                               that are clad, plated, or coated with metal.          levels of elements such as chromium, copper,
                                                IX. Analysis of Comments                                 The products covered include coils that have          niobium, titanium, vanadium, and
                                                  Comment 1: Whether Gazprom Is a                        a width or other lateral measurement                  molybdenum. Motor lamination steels
                                                     Government Authority                                (‘‘width’’) of 12.7 mm or greater, regardless         contain micro-alloying levels of elements
                                                  Comment 2: Whether the Provision of                    of form of coil (e.g., in successively                such as silicon and aluminum. AHSS and
                                                     Natural Gas for LTAR Is De Facto                    superimposed layers, spirally oscillating,            UHSS are considered high tensile strength
                                                     Specific                                            etc.). The products covered also include              and high elongation steels, although AHSS
                                                  Comment 3: Whether the Natural Gas                     products not in coils (e.g., in straight lengths)     and UHSS are covered whether or not they
                                                     Market in Russia Is Distorted                       of a thickness less than 4.75 mm and a width          are high tensile strength or high elongation
                                                  Comment 4: Standard Applied to Select a                that is 12.7 mm or greater and that measures          steels.
                                                     Tier Two Benchmark                                  at least 10 times the thickness. The products            Subject merchandise includes cold-rolled
                                                  Comment 5: Availability of Tier Two                    covered also include products not in coils            steel that has been further processed in a
                                                     Natural Gas Prices to Purchasers in                 (e.g., in straight lengths) of a thickness of 4.75    third country, including but not limited to
                                                     Russia                                              mm or more and a width exceeding 150 mm               annealing, tempering, painting, varnishing,
                                                  Comment 6: Comparability Adjustments to                and measuring at least twice the thickness.           trimming, cutting, punching, and/or slitting,
                                                     a Tier Two Benchmark                                The products described above may be                   or any other processing that would not
                                                  Comment 7: Whether the Department                      rectangular, square, circular, or other shape         otherwise remove the merchandise from the
                                                     Should Use a Tier Three Benchmark                   and include products of either rectangular or         scope of the investigation if performed in the
                                                  Comment 8: Whether to Adjust the Natural               non-rectangular cross-section where such              country of manufacture of the cold-rolled
                                                     Gas Benchmark to Reflect Revised Data               cross-section is achieved subsequent to the           steel.
                                                  Comment 9: Whether the NLMK                            rolling process, i.e., products which have               All products that meet the written physical
                                                     Companies Benefited from the Provision              been ‘‘worked after rolling’’ (e.g., products         description, and in which the chemistry
                                                     of Mining Rights                                    which have been beveled or rounded at the             quantities do not exceed any one of the noted
                                                  Comment 10: Whether Timing of the Post-                edges). For purposes of the width and                 element levels listed above, are within the
                                                     Preliminary Decision Memorandum                     thickness requirements referenced above:              scope of these investigation unless
                                                     Violated Interested Parties Due Process                (1) Where the nominal and actual                   specifically excluded. The following
                                                     Rights                                              measurements vary, a product is within the            products are outside of and/or specifically
                                                  Comment 11: Whether the GOR’s Provision                scope if application of either the nominal or         excluded from the scope of these
                                                     of Mining Rights Constitutes General                actual measurement would place it within              investigation:
                                                     Infrastructure that Is Not Countervailable          the scope based on the definitions set forth             • Ball bearing steels; 10
                                                  Comment 12: Whether the GOR Acted to                   above, and                                               • Tool steels; 11
                                                     the Best of Its Ability With Regard to                 (2) where the width and thickness vary for            • Silico-manganese steel; 12
                                                     Usage Data Provided in Connection with              a specific product (e.g., the thickness of               • Grain-oriented electrical steels (GOES) as
                                                     the Provision of Mining Rights for LTAR             certain products with non-rectangular cross-          defined in the final determination of the U.S.
                                                     Program                                             section, the width of certain products with           Department of Commerce in Grain-Oriented
                                                  Comment 13: Whether the Provision of                   non-rectangular shape, etc.), the                     Electrical Steel From Germany, Japan, and
                                                     Mining Rights Is Specific                           measurement at its greatest width or                  Poland.13
                                                  Comment 14: Whether the Mining Rights                  thickness applies.
                                                     for LTAR Program Confers Recurring                     Steel products included in the scope of this          10 Ball bearing steels are defined as steels which
                                                     Benefits                                            investigation are products in which: (1) Iron         contain, in addition to iron, each of the following
                                                  Comment 15: Use of Mining Rights—Not                   predominates, by weight, over each of the             elements by weight in the amount specified: (i) Not
                                                     Coal—to Measure the Benefit                         other contained elements; (2) the carbon              less than 0.95 nor more than 1.13 percent of carbon;
                                                  Comment 16: Whether to Deduct Costs                    content is 2 percent or less, by weight; and          (ii) not less than 0.22 nor more than 0.48 percent
                                                     from the Coal Benchmark Rather than                 (3) none of the elements listed below exceeds         of manganese; (iii) none, or not more than 0.03
                                                     Adding Costs to the Extraction Price Paid           the quantity, by weight, respectively                 percent of sulfur; (iv) none, or not more than 0.03
                                                                                                         indicated:                                            percent of phosphorus; (v) not less than 0.18 nor
                                                     by the Severstal Companies                                                                                more than 0.37 percent of silicon; (vi) not less than
                                                  Comment 17: Revisions to Coal Benchmark                • 2.50 percent of manganese, or                       1.25 nor more than 1.65 percent of chromium; (vii)
                                                     Price Calculated in Post-Preliminary                • 3.30 percent of silicon, or                         none, or not more than 0.28 percent of nickel; (viii)
                                                     Decision Memorandum                                 • 1.50 percent of copper, or                          none, or not more than 0.38 percent of copper; and
                                                  Comment 18: Whether to Countervail the                 • 1.50 percent of aluminum, or                        (ix) none, or not more than 0.09 percent of
                                                     Severstal Companies’ Tax Debt Write-                • 1.25 percent of chromium, or                        molybdenum.
                                                     Offs                                                • 0.30 percent of cobalt, or                             11 Tool steels are defined as steels which contain

                                                  Comment 19: Reduction in Extraction                    • 0.40 percent of lead, or                            the following combinations of elements in the
                                                                                                                                                               quantity by weight respectively indicated: (i) More
                                                     Payments Program                                    • 2.00 percent of nickel, or
                                                                                                                                                               than 1.2 percent carbon and more than 10.5 percent
                                                  Comment 20: Whether the Tax Deduction                  • 0.30 percent of tungsten (also called               chromium; or (ii) not less than 0.3 percent carbon
                                                     for Exploration Expenses Is Specific                   wolfram), or                                       and 1.25 percent or more but less than 10.5 percent
                                                  Comment 21: Whether to Apply Adverse                   • 0.80 percent of molybdenum, or                      chromium; or (iii) not less than 0.85 percent carbon
                                                     Facts Available With Regard to the                  • 0.10 percent of niobium (also called                and 1 percent to 1.8 percent, inclusive, manganese;
                                                     Benefit the Severstal Companies                        columbium), or                                     or (iv) 0.9 percent to 1.2 percent, inclusive,
                                                     Received Under the Tax Deduction for                • 0.30 percent of vanadium, or                        chromium and 0.9 percent to 1.4 percent, inclusive,
                                                     Exploration Expenses Program                        • 0.30 percent of zirconium                           molybdenum; or (v) not less than 0.5 percent carbon
                                                  Comment 22: Applicable De Minimis Rate                                                                       and not less than 3.5 percent molybdenum; or (vi)
                                                                                                            Unless specifically excluded, products are         not less than 0.5 percent carbon and not less than
                                                     for Russian CVD Proceedings                         included in this scope regardless of levels of        5.5 percent tungsten.
                                                  Comment 23: Use of the NLMK Companies’                 boron and titanium.                                      12 Silico-manganese steel is defined as steels
                                                     Verified Sales Data                                    For example, specifically included in this         containing by weight: (i) Not more than 0.7 percent
                                                  Comment 24: Calculation of the Severstal               scope are vacuum degassed, fully stabilized           of carbon; (ii) 0.5 percent or more but not more than
                                                     Companies’ Sales Denominator                        (commonly referred to as interstitial-free (IF))      1.9 percent of manganese, and (iii) 0.6 percent or
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                                                X. Recommendation                                        steels, high strength low alloy (HSLA) steels,        more but not more than 2.3 percent of silicon.
                                                                                                                                                                  13 See Grain-Oriented Electrical Steel From
                                                                                                         motor lamination steels, Advanced High
                                                Appendix II—Scope of the Investigation                                                                         Germany, Japan, and Poland: Final Determinations
                                                                                                         Strength Steels (AHSS), and Ultra High
                                                                                                                                                               of Sales at Less Than Fair Value and Certain Final
                                                  The products covered by this investigation             Strength Steels (UHSS). IF steels are                 Affirmative Determination of Critical
                                                are certain cold-rolled (cold-reduced), flat-            recognized as low carbon steels with micro-           Circumstances, 79 FR 42,501, 42,503 (Dep’t of
                                                rolled steel products, whether or not                    alloying levels of elements such as titanium          Commerce, July 22, 2014). This determination
                                                annealed, painted, varnished, or coated with             and/or niobium added to stabilize carbon and          defines grain-oriented electrical steel as ‘‘a flat-
                                                plastics or other non-metallic substances.               nitrogen elements. HSLA steels are                                                               Continued




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                                                49938                              Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices

                                                  • Non-Oriented Electrical Steels (NOES),                  DEPARTMENT OF COMMERCE                                Records Unit, Room B8024 of the main
                                                as defined in the antidumping orders issued                                                                       Department of Commerce building. In
                                                by the U.S. Department of Commerce in Non-                  International Trade Administration                    addition, a complete version of the
                                                Oriented Electrical Steel From the People’s                                                                       Issues and Decision Memorandum can
                                                Republic of China, Germany, Japan, the                      [A–533–865]
                                                                                                                                                                  be accessed directly at http://
                                                Republic of Korea, Sweden, and Taiwan.14                                                                          enforcement.trade.gov. The signed and
                                                                                                            Certain Cold-Rolled Steel Flat Products
                                                  The products subject to this investigation                                                                      electronic versions of the Issues and
                                                are currently classified in the Harmonized
                                                                                                            From India: Final Determination of
                                                                                                            Sales at Less Than Fair Value                         Decision Memorandum are identical in
                                                Tariff Schedule of the United States (HTSUS)
                                                                                                                                                                  content.
                                                under item numbers: 7209.15.0000,                           AGENCY:   Enforcement and Compliance,
                                                7209.16.0030, 7209.16.0060, 7209.16.0070,                   International Trade Administration,                   Scope of the Investigation
                                                7209.16.0091, 7209.17.0030, 7209.17.0060,                   Department of Commerce.                                 The products covered by this
                                                7209.17.0070, 7209.17.0091, 7209.18.1530,
                                                                                                            SUMMARY: The Department of Commerce                   investigation are cold-rolled steel from
                                                7209.18.1560, 7209.18.2510, 7209.18.2520,
                                                                                                            (‘‘the Department’’) determines that                  India. For a full description of the scope
                                                7209.18.2580, 7209.18.6020, 7209.18.6090,
                                                                                                            imports of certain cold-rolled steel flat             of the investigation, see Appendix I to
                                                7209.25.0000, 7209.26.0000, 7209.27.0000,
                                                7209.28.0000, 7209.90.0000, 7210.70.3000,                   products (‘‘cold-rolled steel’’) from India           this notice.
                                                7211.23.1500, 7211.23.2000, 7211.23.3000,                   are being, or are likely to be, sold in the           Scope Comments
                                                7211.23.4500, 7211.23.6030, 7211.23.6060,                   United States at less than fair value
                                                                                                            (‘‘LTFV’’). The final estimated weighted-                In accordance with the Preliminary
                                                7211.23.6090, 7211.29.2030, 7211.29.2090,
                                                7211.29.4500, 7211.29.6030, 7211.29.6080,                   average dumping margins of sales at                   Scope Determination,3 the Department
                                                7211.90.0000, 7212.40.1000, 7212.40.5000,                   LTFV are listed below in the section                  set aside a period of time for parties to
                                                7225.50.6000, 7225.50.8080, 7225.99.0090,                   entitled ‘‘Final Determination Margins.’’             address scope issues in case briefs or
                                                7226.92.5000, 7226.92.7050, and                             The period of investigation (‘‘POI’’) is              other written comments on scope issues.
                                                7226.92.8050.                                               July 1, 2014, through June 30, 2015.                     For a summary of the product
                                                  The products subject to the investigation                                                                       coverage comments and rebuttal
                                                                                                            DATES: Effective July 29, 2016.
                                                may also enter under the following HTSUS                                                                          responses submitted on the records of
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      the cold-rolled steel investigations, and
                                                numbers: 7210.90.9000, 7212.50.0000,
                                                7215.10.0010, 7215.10.0080, 7215.50.0016,
                                                                                                            Patrick O’Connor, AD/CVD Operations,                  accompanying discussion and analysis
                                                7215.50.0018, 7215.50.0020, 7215.50.0061,                   Office IV, Enforcement and Compliance,                of all comments timely received, see the
                                                7215.50.0063, 7215.50.0065, 7215.50.0090,                   International Trade Administration,                   Final Scope Decision Memorandum.4
                                                7215.90.5000, 7217.10.1000, 7217.10.2000,                   U.S. Department of Commerce, 14th                     The Final Scope Decision Memorandum
                                                7217.10.3000, 7217.10.7000, 7217.90.1000,                   Street and Constitution Avenue NW,                    is incorporated by, and hereby adopted
                                                7217.90.5030, 7217.90.5060, 7217.90.5090,                   Washington, DC 20230; telephone: (202)                by, this notice.
                                                7225.19.0000, 7226.19.1000, 7226.19.9000,                   482–0989.
                                                7226.99.0180, 7228.50.5015, 7228.50.5040,                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  Analysis of Comments Received
                                                7228.50.5070, 7228.60.8000, and                                                                                      All issues raised in the case and
                                                7229.90.1000.                                               Background                                            rebuttal briefs that were submitted by
                                                  The HTSUS subheadings above are                              The Department published in the                    parties in this investigation are
                                                provided for convenience and U.S. Customs                   Federal Register the preliminary                      addressed in the Issues and Decision
                                                purposes only. The written description of the               determination on March 7, 2016.1 A                    Memorandum accompanying this
                                                scope of the investigation is dispositive.                  summary of the events that have                       notice, and which is hereby adopted by
                                                [FR Doc. 2016–17937 Filed 7–28–16; 8:45 am]                 occurred since the Department                         this notice. A list of the issues
                                                BILLING CODE 3510–DS–P                                      published the Preliminary                             addressed in the Issues and Decision
                                                                                                            Determination, as well as a full                      Memorandum is attached to this notice
                                                rolled alloy steel product containing by weight at          discussion of the issues raised by parties            at Appendix II.
                                                least 0.6 percent but not more than 6 percent of            for this final determination, may be
                                                silicon, not more than 0.08 percent of carbon, not                                                                Verification
                                                                                                            found in the Issues and Decision
                                                more than 1.0 percent of aluminum, and no other                                                                      As provided in section 782(i) of the
                                                element in an amount that would give the steel the          Memorandum.2 The Issues and Decision
                                                characteristics of another alloy steel, in coils or in      Memorandum is a public document and                   Tariff Act of 1930, as amended (the
                                                straight lengths.’’                                         is on file electronically via Enforcement             ‘‘Act’’), in February and March 2016, the
                                                   14 See Non-Oriented Electrical Steel from the
                                                                                                            and Compliance’s Antidumping and                      Department verified the sales and cost
                                                People’s Republic of China, Germany, Japan, the                                                                   data reported by the collapsed entity
                                                Republic of Korea, Sweden, and Taiwan:
                                                                                                            Countervailing Duty Centralized
                                                Antidumping Duty Orders, 79 FR 71,741, 71,741–              Electronic Service System (ACCESS).                   JSW Steel Limited (‘‘JSWSL’’)/JSW
                                                42 (Dep’t of Commerce, Dec. 3, 2014). The orders            ACCESS is available to registered users
                                                                                                                                                                    3 See Memorandum to Christian Marsh, Deputy
                                                define NOES as ‘‘cold-rolled, flat-rolled, alloy steel      at http://access.trade.gov and is
                                                products, whether or not in coils, regardless of                                                                  Assistant Secretary for Antidumping and
                                                width, having an actual thickness of 0.20 mm or
                                                                                                            available to all parties in the Central               Countervailing Duty Operations, ‘‘Certain Cold-
                                                more, in which the core loss is substantially equal                                                               Rolled Steel Flat Products from Brazil, the People’s
                                                                                                               1 See Certain Cold-Rolled Steel Flat Products      Republic of China, India, Japan, the Republic of
                                                in any direction of magnetization in the plane of the
                                                material. The term ‘substantially equal’ means that         From India: Affirmative Preliminary Determination     Korea, the Russian Federation, and the United
                                                the cross grain direction of core loss is no more than      of Sales at Less Than Fair Value and Postponement     Kingdom: Scope Comments Decision Memorandum
                                                1.5 times the straight grain direction (i.e., the rolling   of Final Determination and Extension of Provisional   for the Preliminary Determination,’’ dated February
                                                direction) of core loss. NOES has a magnetic                Measures, 81 FR 11741 (March 7, 2016)                 29, 2016 (‘‘Preliminary Scope Decision
                                                permeability that does not exceed 1.65 Tesla when           (‘‘Preliminary Determination’’).                      Memorandum’’).
ebenthall on DSK5MVXVN1PROD with NOTICES




                                                tested at a field of 800 A/m (equivalent to 10                 2 See Memorandum from Christian Marsh, Deputy        4 See Memorandum to Christian Marsh, Deputy

                                                Oersteds) along (i.e., parallel to) the rolling             Assistant Secretary for Antidumping and               Assistant Secretary for Antidumping and
                                                direction of the sheet (i.e., B800 value). NOES             Countervailing Duty Operations, to Paul Piquado,      Countervailing Duty Operations, ‘‘Certain Cold-
                                                contains by weight more than 1.00 percent of                Assistant Secretary for Enforcement and               Rolled Steel Flat Products from Brazil, the People’s
                                                silicon but less than 3.5 percent of silicon, not more      Compliance ‘‘Certain Cold-Rolled Steel Flat           Republic of China, India, Japan, the Republic of
                                                than 0.08 percent of carbon, and not more than 1.5          Products from India: Issues and Decision              Korea, the Russian Federation, and the United
                                                percent of aluminum. NOES has a surface oxide               Memorandum for the Final Determination of Sales       Kingdom: Final Scope Comments Decision
                                                coating, to which an insulation coating may be              at Less-Than-Fair-Value,’’ dated concurrently with    Memorandum,’’ dated May 16, 2016 (‘‘Final Scope
                                                applied.’’                                                  this notice (‘‘Issues and Decision Memorandum’’).     Decision Memorandum’’).



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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.
ContactKristen Johnson (the NLMK Companies) and Stephanie Moore (the Severstal Companies), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4793 and (202) 482-3692, respectively.
FR Citation81 FR 49935 

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