81 FR 49938 - Certain Cold-Rolled Steel Flat Products From India: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 146 (July 29, 2016)
International Trade Administration
Federal Register Volume 81, Issue 146 (July 29, 2016)
| Page Range | 49938-49940 | |
| FR Document | 2016-17950 |
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)] [Notices] [Pages 49938-49940] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17950] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-865] Certain Cold-Rolled Steel Flat Products From India: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``the Department'') determines that imports of certain cold-rolled steel flat products (``cold-rolled steel'') from India are being, or are likely to be, sold in the United States at less than fair value (``LTFV''). The final estimated weighted-average dumping margins of sales at LTFV are listed below in the section entitled ``Final Determination Margins.'' The period of investigation (``POI'') is July 1, 2014, through June 30, 2015. DATES: Effective July 29, 2016. FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482- 0989. SUPPLEMENTARY INFORMATION: Background The Department published in the Federal Register the preliminary determination on March 7, 2016.\1\ A summary of the events that have occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at 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 Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Certain Cold-Rolled Steel Flat Products From India: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination and Extension of Provisional Measures, 81 FR 11741 (March 7, 2016) (``Preliminary Determination''). \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance ``Certain Cold-Rolled Steel Flat Products from India: Issues and Decision Memorandum for the Final Determination of Sales at Less- Than-Fair-Value,'' dated concurrently with this notice (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are cold-rolled steel from India. For a full description of the scope of the investigation, see Appendix I to this notice. Scope Comments In accordance with the Preliminary Scope Determination,\3\ the Department set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues. --------------------------------------------------------------------------- \3\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Cold-Rolled Steel Flat 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 Determination,'' dated February 29, 2016 (``Preliminary Scope Decision Memorandum''). --------------------------------------------------------------------------- For a summary of the product coverage comments and rebuttal responses submitted on the records of the cold-rolled steel investigations, and accompanying discussion and analysis of all comments timely received, see the Final Scope Decision Memorandum.\4\ The Final Scope Decision Memorandum is incorporated by, and hereby adopted by, this notice. --------------------------------------------------------------------------- \4\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Cold-Rolled Steel Flat Products from Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: Final Scope Comments Decision Memorandum,'' dated May 16, 2016 (``Final Scope Decision Memorandum''). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum accompanying this notice, and which is hereby adopted by this notice. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the ``Act''), in February and March 2016, the Department verified the sales and cost data reported by the collapsed entity JSW Steel Limited (``JSWSL'')/JSW [[Page 49939]] Coated Products Limited (``JSCPL'') (collectively ``JSW''),the sole mandatory respondent in this investigation, pursuant to section 782(i) of the Act. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by JSW. Changes to the Dumping Margin Calculations Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculation for JSW. For a discussion of these changes, see the Issues and Decision Memorandum. We have also revised the all-others rate. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated ``all- others'' rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis dumping margins, and any dumping margins determined entirely under section 776 of the Act. We based our calculation of the ``all- others'' rate on the dumping margin calculated for JSW, the only mandatory respondent in this investigation. Final Determination Margins The Department determines that the following estimated weighted- average dumping margin exists: ------------------------------------------------------------------------ Weighted-average Exporter/Manufacturer dumping margins Cash deposit rate (percent) (percent) ------------------------------------------------------------------------ JSW Steel Limited/JSW Coated 7.60 6.70 Products Limited............... All-Others...................... 7.60 6.70 ------------------------------------------------------------------------ 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 Pursuant to section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (``CBP'') to continue to suspend liquidation of all entries of cold-rolled steel from India which were entered, or withdrawn from warehouse, for consumption on or after March 7, 2016, the date of publication of the Preliminary Determination. We also will instruct CBP to require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. price, as indicated in the table above, adjusted, where appropriate, for export subsidies. Where the product under investigation is also subject to a concurrent countervailing duty investigation, we instruct CBP to require a cash deposit less the amount of the countervailing duty determined to constitute any export subsidies. Therefore, in the event that a countervailing duty order is issued and suspension of liquidation is resumed in the companion countervailing duty investigation on cold-rolled steel from India, the Department will instruct CBP to require cash deposits adjusted by the amount of export subsidies, as appropriate. These adjustments are reflected in the final column of the rate chart, above. Until such suspension of liquidation is resumed in the companion countervailing duty investigation, and so long as suspension of liquidation continues under this antidumping duty investigation, the cash deposit rates for this antidumping duty investigation will be the rates identified in the weighted-average margin column in the rate chart, above. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (``ITC'') of our final determination. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine within 45 days of the final determination whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation, of the subject merchandise. If the ITC determines that such injury exists, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders (``APOs'') This notice will serve as a reminder to parties subject to APOs 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 destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination and notice are issued and published in accordance with sections 735(d) and 777(i) of the Act. Dated: July 20, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The products covered by this investigation are certain cold- rolled (cold-reduced), flat-rolled steel products, whether or not annealed, painted, varnished, or coated with plastics or other non- metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (``width'') of 12.7 mm or greater, regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products covered also include products not in coils (e.g., in straight lengths) of a thickness of 4.75 mm or more and a width exceeding 150 mm and measuring at least twice the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non- rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the [[Page 49940]] 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 this investigation unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of this investigation: Ball bearing steels; \5\ --------------------------------------------------------------------------- \5\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- Tool steels; \6\ --------------------------------------------------------------------------- \6\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steel;\7\ --------------------------------------------------------------------------- \7\ Silico-manganese steel is defined as steels containing by weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or more but not more than 1.9 percent of manganese, and (iii) 0.6 percent or more but not more than 2.3 percent of silicon. --------------------------------------------------------------------------- Grain-oriented electrical steels (GOES) as defined in the final determination of the U.S. Department of Commerce in Grain- Oriented Electrical Steel From Germany, Japan, and Poland.\8\ --------------------------------------------------------------------------- \8\ Grain-Oriented Electrical Steel From Germany, Japan, and Poland: Final Determinations of Sales at Less Than Fair Value and Certain Final Affirmative Determination of Critical Circumstances, 79 FR 42501, 42503 (July 22, 2014). This determination defines grain-oriented electrical steel as ``a flat-rolled alloy steel product containing by weight at least 0.6 percent but not more than 6 percent of silicon, not more than 0.08 percent of carbon, not more than 1.0 percent of aluminum, and no other element in an amount that would give the steel the characteristics of another alloy steel, in coils or in straight lengths.'' --------------------------------------------------------------------------- Non-Oriented Electrical Steels (NOES), as defined in the antidumping orders issued by the U.S. Department of Commerce in Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\9\ --------------------------------------------------------------------------- \9\ Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan: Antidumping Duty Orders, 79 FR 71741, 71741-42 (Dec. 3, 2014). The orders define NOES as ``cold-rolled, flat-rolled, alloy steel products, whether or not in coils, regardless of width, having an actual thickness of 0.20 mm or more, in which the core loss is substantially equal in any direction of magnetization in the plane of the material. The term `substantially equal' means that the cross grain direction of core loss is no more than 1.5 times the straight grain direction (i.e., the rolling direction) of core loss. NOES has a magnetic permeability that does not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e., parallel to) the rolling direction of the sheet (i.e., B800 value). NOES contains by weight more than 1.00 percent of silicon but less than 3.5 percent of silicon, not more than 0.08 percent of carbon, and not more than 1.5 percent of aluminum. NOES has a surface oxide coating, to which an insulation coating may be applied.'' --------------------------------------------------------------------------- The products subject to this investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The products subject to the investigation may also enter under the following HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings above are provided for convenience and U.S. Customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II List of Topics in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Discussion of the Issues: Comment 1: Duty Drawback Program Comment 2: Date of Sale Comment 3: Quality Characteristics Comment 4: Advertising Expenses Comment 5: Overall Cost Reconciliation Comment 6: Affiliated Raw Material Purchases Comment 7: General and Administrative Expenses V. Recommendation [FR Doc. 2016-17950 Filed 7-28-16; 8:45 am] BILLING CODE 3510-DS-P
![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’’).
VerDate Sep<11>2014 21:05 Jul 29, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\29JYN1.SGM 29JYN1](https://thefederalregister.org/doc/81_FR_50084/page/1.svg)
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scope if application of either the nominal or • Ball bearing steels; 5 The products subject to this investigation
actual measurement would place it within • Tool steels; 6 are currently classified in the Harmonized
the scope based on the definitions set forth • Silico-manganese steel;7 Tariff Schedule of the United States (HTSUS)
above, and • Grain-oriented electrical steels (GOES) as under item numbers: 7209.15.0000,
(2) where the width and thickness vary for defined in the final determination of the U.S. 7209.16.0030, 7209.16.0060, 7209.16.0070,
a specific product (e.g., the thickness of Department of Commerce in Grain-Oriented 7209.16.0091, 7209.17.0030, 7209.17.0060,
certain products with non-rectangular cross- Electrical Steel From Germany, Japan, and 7209.17.0070, 7209.17.0091, 7209.18.1530,
section, the width of certain products with Poland.8 7209.18.1560, 7209.18.2510, 7209.18.2520,
non-rectangular shape, etc.), the • Non-Oriented Electrical Steels (NOES), 7209.18.2580, 7209.18.6020, 7209.18.6090,
measurement at its greatest width or as defined in the antidumping orders issued 7209.25.0000, 7209.26.0000, 7209.27.0000,
thickness applies. by the U.S. Department of Commerce in Non- 7209.28.0000, 7209.90.0000, 7210.70.3000,
Steel products included in the scope of this Oriented Electrical Steel From the People’s 7211.23.1500, 7211.23.2000, 7211.23.3000,
investigation are products in which: (1) Iron Republic of China, Germany, Japan, the 7211.23.4500, 7211.23.6030, 7211.23.6060,
predominates, by weight, over each of the Republic of Korea, Sweden, and Taiwan.9 7211.23.6090, 7211.29.2030, 7211.29.2090,
other contained elements; (2) the carbon 7211.29.4500, 7211.29.6030, 7211.29.6080,
content is 2 percent or less, by weight; and 5 Ball bearing steels are defined as steels which
7211.90.0000, 7212.40.1000, 7212.40.5000,
(3) none of the elements listed below exceeds contain, in addition to iron, each of the following 7225.50.6000, 7225.50.8080, 7225.99.0090,
the quantity, by weight, respectively elements by weight in the amount specified: (i) Not
7226.92.5000, 7226.92.7050, and
indicated: less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent 7226.92.8050. The products subject to the
• 2.50 percent of manganese, or of manganese; (iii) none, or not more than 0.03 investigation may also enter under the
• 3.30 percent of silicon, or percent of sulfur; (iv) none, or not more than 0.03 following HTSUS numbers: 7210.90.9000,
• 1.50 percent of copper, or percent of phosphorus; (v) not less than 0.18 nor 7212.50.0000, 7215.10.0010, 7215.10.0080,
• 1.50 percent of aluminum, or more than 0.37 percent of silicon; (vi) not less than 7215.50.0016, 7215.50.0018, 7215.50.0020,
• 1.25 percent of chromium, or 1.25 nor more than 1.65 percent of chromium; (vii) 7215.50.0061, 7215.50.0063, 7215.50.0065,
• 0.30 percent of cobalt, or none, or not more than 0.28 percent of nickel; (viii)
7215.50.0090, 7215.90.5000, 7217.10.1000,
• 0.40 percent of lead, or none, or not more than 0.38 percent of copper; and
7217.10.2000, 7217.10.3000, 7217.10.7000,
• 2.00 percent of nickel, or (ix) none, or not more than 0.09 percent of
molybdenum. 7217.90.1000, 7217.90.5030, 7217.90.5060,
• 0.30 percent of tungsten (also called 6 Tool steels are defined as steels which contain 7217.90.5090, 7225.19.0000, 7226.19.1000,
wolfram), or the following combinations of elements in the 7226.19.9000, 7226.99.0180, 7228.50.5015,
• 0.80 percent of molybdenum, or quantity by weight respectively indicated: (i) More 7228.50.5040, 7228.50.5070, 7228.60.8000,
• 0.10 percent of niobium (also called than 1.2 percent carbon and more than 10.5 percent and 7229.90.1000.
columbium), or chromium; or (ii) not less than 0.3 percent carbon
The HTSUS subheadings above are
• 0.30 percent of vanadium, or and 1.25 percent or more but less than 10.5 percent
provided for convenience and U.S. Customs
• 0.30 percent of zirconium chromium; or (iii) not less than 0.85 percent carbon
and 1 percent to 1.8 percent, inclusive, manganese; purposes only. The written description of the
Unless specifically excluded, products are or (iv) 0.9 percent to 1.2 percent, inclusive, scope of the investigation is dispositive.
included in this scope regardless of levels of chromium and 0.9 percent to 1.4 percent, inclusive,
boron and titanium. molybdenum; or (v) not less than 0.5 percent carbon Appendix II
For example, specifically included in this and not less than 3.5 percent molybdenum; or (vi)
scope are vacuum degassed, fully stabilized not less than 0.5 percent carbon and not less than List of Topics in the Issues and Decision
(commonly referred to as interstitial-free (IF)) 5.5 percent tungsten. Memorandum
7 Silico-manganese steel is defined as steels
steels, high strength low alloy (HSLA) steels, I. Summary
motor lamination steels, Advanced High containing by weight: (i) Not more than 0.7 percent II. Background
Strength Steels (AHSS), and Ultra High of carbon; (ii) 0.5 percent or more but not more than III. Scope of the Investigation
1.9 percent of manganese, and (iii) 0.6 percent or
Strength Steels (UHSS). IF steels are IV. Discussion of the Issues:
more but not more than 2.3 percent of silicon.
recognized as low carbon steels with micro- 8 Grain-Oriented Electrical Steel From Germany, Comment 1: Duty Drawback Program
alloying levels of elements such as titanium Japan, and Poland: Final Determinations of Sales at Comment 2: Date of Sale
and/or niobium added to stabilize carbon and Less Than Fair Value and Certain Final Affirmative Comment 3: Quality Characteristics
nitrogen elements. HSLA steels are Determination of Critical Circumstances, 79 FR Comment 4: Advertising Expenses
recognized as steels with micro-alloying 42501, 42503 (July 22, 2014). This determination Comment 5: Overall Cost Reconciliation
levels of elements such as chromium, copper, defines grain-oriented electrical steel as ‘‘a flat- Comment 6: Affiliated Raw Material
niobium, titanium, vanadium, and rolled alloy steel product containing by weight at Purchases
molybdenum. Motor lamination steels least 0.6 percent but not more than 6 percent of
silicon, not more than 0.08 percent of carbon, not
Comment 7: General and Administrative
contain micro-alloying levels of elements Expenses
more than 1.0 percent of aluminum, and no other
such as silicon and aluminum. AHSS and V. Recommendation
element in an amount that would give the steel the
UHSS are considered high tensile strength characteristics of another alloy steel, in coils or in
and high elongation steels, although AHSS [FR Doc. 2016–17950 Filed 7–28–16; 8:45 am]
straight lengths.’’
and UHSS are covered whether or not they 9 Non-Oriented Electrical Steel From the People’s BILLING CODE 3510–DS–P
are high tensile strength or high elongation Republic of China, Germany, Japan, the Republic of
steels. Korea, Sweden, and Taiwan: Antidumping Duty
Subject merchandise includes cold-rolled Orders, 79 FR 71741, 71741–42 (Dec. 3, 2014). The DEPARTMENT OF COMMERCE
steel that has been further processed in a orders define NOES as ‘‘cold-rolled, flat-rolled,
third country, including but not limited to alloy steel products, whether or not in coils,
regardless of width, having an actual thickness of
International Trade Administration
annealing, tempering, painting, varnishing,
0.20 mm or more, in which the core loss is [C–351–844]
trimming, cutting, punching, and/or slitting, substantially equal in any direction of
or any other processing that would not magnetization in the plane of the material. The term
otherwise remove the merchandise from the ‘substantially equal’ means that the cross grain Countervailing Duty Investigation of
scope of the investigation if performed in the direction of core loss is no more than 1.5 times the Certain Cold-Rolled Steel Flat Products
country of manufacture of the cold-rolled straight grain direction (i.e., the rolling direction) of From Brazil: Final Affirmative
steel. core loss. NOES has a magnetic permeability that
ebenthall on DSK5MVXVN1PROD with NOTICES
Determination
All products that meet the written physical does not exceed 1.65 Tesla when tested at a field
description, and in which the chemistry of 800 A/m (equivalent to 10 Oersteds) along (i.e., AGENCY: Enforcement and Compliance,
quantities do not exceed any one of the noted parallel to) the rolling direction of the sheet (i.e.,
B800 value). NOES contains by weight more than International Trade Administration,
element levels listed above, are within the 1.00 percent of silicon but less than 3.5 percent of Department of Commerce.
scope of this investigation unless specifically silicon, not more than 0.08 percent of carbon, and
excluded. The following products are outside SUMMARY: The Department of Commerce
not more than 1.5 percent of aluminum. NOES has
of and/or specifically excluded from the a surface oxide coating, to which an insulation (the Department) determines that
scope of this investigation: coating may be applied.’’ countervailable subsidies are being
VerDate Sep<11>2014 21:05 Jul 29, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\29JYN1.SGM 29JYN1](https://thefederalregister.org/doc/81_FR_50084/page/3.svg)
Document Created: 2018-02-08 07:51:45
Document Modified: 2018-02-08 07:51:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective July 29, 2016. | |
| Contact | Patrick O'Connor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482- 0989. | |
| FR Citation | 81 FR 49938 |
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