81 FR 49940 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From Brazil: Final Affirmative Determination
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 | 49940-49943 | |
| FR Document | 2016-17952 |
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)] [Notices] [Pages 49940-49943] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17952] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-351-844] Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From Brazil: Final Affirmative Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being [[Page 49941]] provided to producers and exporters of certain cold-rolled steel flat products (cold-rolled steel, or CRS) from Brazil. For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2014, through December 31, 2014. DATES: Effective July 29, 2016. FOR FURTHER INFORMATION CONTACT: Sergio Balbontin, Nicholas Czajkowski, or Lana Nigro, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6478, (202) 482-1395, and (202) 482-1779, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Determination on December 22, 2015.\1\ A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at 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/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. --------------------------------------------------------------------------- \1\ See Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From Brazil: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination Preliminary Determination, 80 FR 79562 (December 22, 2015) (Preliminary Determination). \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products from Brazil,'' dated concurrently with this determination (Final Decision Memorandum) and hereby adopted by this notice. --------------------------------------------------------------------------- Scope Comments In accordance with the Preliminary Scope Determination,\3\ the Department set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues. --------------------------------------------------------------------------- \3\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Cold-Rolled Steel Products from Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated February 29, 2016. --------------------------------------------------------------------------- For a summary of the product coverage comments and rebuttal responses submitted to the records of the cold-rolled steel investigations, and accompanying discussion and analysis of all comments timely received, see the Final Scope Decision Memorandum.\4\ The Final Scope Decision Memorandum is incorporated by, and hereby adopted by, this notice. --------------------------------------------------------------------------- \4\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Cold-Rolled Steel Products from Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: ``Final Scope Comments Decision Memorandum,'' dated May 16, 2016. --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are cold-rolled steel flat products from Brazil. For a complete description of the scope of this investigation, see the ``Scope of the Investigation,'' attached to this notice at Appendix I. 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 II. Use of Adverse Facts Available In making this final determination, the Department relied, in part, on facts available and, because the Government of Brazil and the respondent companies did not act to the best of their abilities in responding to the Department's requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.\5\ Specifically, we applied facts available, with adverse inferences, for the Reduction of Tax on Industrialized Products for Machines and Equipment, the BNDES FINAME Loan program, and the Ex- Tarif[aacute]rio program, in accordance with section 776(a) and (b) of the Tariff Act of 1930, as amended, (the Act). For further information, see the section ``Use of Adverse Facts Available'' in the accompanying Final Decision Memorandum. --------------------------------------------------------------------------- \5\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our analysis of the comments received from parties, and the minor corrections presented and additional items discovered at verification, we made certain changes to the respondents' subsidy rate calculations. For a discussion of these changes, see the Issues and Decision Memorandum. Final Determination In accordance with section 705(c)(1)(B)(i) of the Act, we calculated a rate for Usinas Siderurgicas de Minas Gerais S.A. (Usiminas) and Companhia Siderurgica Nacional (CSN), 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 by 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 based entirely on facts otherwise available, pursuant to section 776 of the Act. Neither of the respondents' rates was zero or de minimis or based entirely on facts otherwise available. Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we did not not calculate the ``all- others'' rate by weight averaging the rates of the two individually investigated respondents using their actual export sales data, because doing so risks disclosure of proprietary information. Instead, we calculated the all-others rate using the simple average of the respondents' calculated rates.\6\ The estimated [[Page 49942]] countervailable subsidy rates are as follows: --------------------------------------------------------------------------- \6\ See Memorandum to Dana S. Mermelstein, Program Manager, AD/ CVD Operations, Office I, ``Final Affirmative Countervailing Duty Determination: Cold-Rolled Steel Flat Products from Brazil; Calculation of the All Others Rate for the Final Determination in the Countervailing Duty Investigation of Cold-Rolled Steel Flat Products from Brazil'' dated concurrently with this notice. ------------------------------------------------------------------------ Subsidy rate Company (percent) ------------------------------------------------------------------------ Companhia Siderurgica Nacional (CSN).................... 11.31 Usinas Siderurgicas de Minas Gerais S.A. (Usiminas)..... 11.09 All Others.............................................. 11.20 ------------------------------------------------------------------------ Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to section 703(d) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of cold-rolled steel from Brazil, that were entered, or withdrawn from warehouse, for consumption on or after December 22, 2015, the date of the publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, we issued instructions to CBP to discontinue the suspension of liquidation for countervailing duty (CVD) purposes for subject merchandise entered, or withdrawn from warehouse, on or after April 20, 2016, but to continue the suspension of liquidation of all entries from December 22, 2015 through April 19, 2016. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order and will reinstate the suspension of liquidation under section 706(a) of the Act and will require a cash deposit of estimated CVDs for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC 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 related 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 In the event that 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 destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/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 which is subject to sanction. This determination is 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--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 this investigation unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of this investigation: Ball bearing steels; \1\ --------------------------------------------------------------------------- \1\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- [[Page 49943]] Tool steels; \2\ --------------------------------------------------------------------------- \2\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steel; \3\ --------------------------------------------------------------------------- \3\ Silico-manganese steel is defined as steels containing by weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or more but not more than 1.9 percent of manganese, and (iii) 0.6 percent or more but not more than 2.3 percent of silicon. --------------------------------------------------------------------------- Grain-oriented electrical steels (GOES) as defined in the final determination of the U.S. Department of Commerce in Grain- Oriented Electrical Steel From Germany, Japan, and Poland.\4\ --------------------------------------------------------------------------- \4\ Grain-Oriented Electrical Steel From Germany, Japan, and Poland: Final Determinations of Sales at Less Than Fair Value and Certain Final Affirmative Determination of Critical Circumstances, 79 FR 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.'' --------------------------------------------------------------------------- Non-Oriented Electrical Steels (NOES), as defined in the antidumping orders issued by the U.S. Department of Commerce in Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\5\ --------------------------------------------------------------------------- \5\ Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan: Antidumping Duty Orders, 79 FR 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.'' --------------------------------------------------------------------------- The products subject to this investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The products subject to the investigation may also enter under the following HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings above are provided for convenience and U.S. Customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II--List of Topics Discussed in the Issues and Decision Memorandum I. Summary Issues II. Background A. Case History B. Period of Investigation III. Scope of the Investigation IV. Use of Adverse Facts Available Subsidies Valuation A. Allocation Period B. Attribution of Subsidies C. Denominators V. Interest Rates Benchmarks and Discount Rates VI. Analysis of Programs A. Programs Determined To Be Countervailable B. Program Determined To Be Not Countervailable C. Programs Determined To Be Not Used, or Not To Confer a Measurable Benefit, During the POI D. Program Determined Not to Exist VII. Analysis of Comments Comment 1: Whether To Apply AFA to both the GOB and Respondents for the Reduction of IPI for Machines and Equipment Program Comment 2: Whether the Reduction of IPI for Machines and Equipment Program is Countervailable Comment 3: Whether To Apply AFA for the Ex-Tarif[aacute]rio Program Comment 4: Whether Ex-Tarif[aacute]rio is De Facto Specific Comment 5: Whether Ex-Tarif[aacute]rio Provides a Financial Contribution Comment 6: Whether the FINAME Loan Program is Specific Comment 7: Whether To Apply AFA to Determine the Benefit of the FINAME Program Comment 8: Whether To Re-Calculate the FINAME Program for Usiminas Comment 9: Whether To Use a Company-Specific Interest Rate Benchmark for the FINAME Loan Program Comment 10: Whether the Integrated Drawback Scheme is Countervailable Comment 11: Whether Usiminas Received a Benefit from the Integrated Drawback Scheme Comment 12: Whether Reintegra is Countervailable Comment 13: Whether To Recalculate the Reintegra Subsidy Rate Comment 14: Whether CSN Applied For/Used the Reintegra Program During the POI Comment 15: Whether the Exemption of Payroll Tax is Countervailable Comment 16: Whether Subsidies Provided to UMSA should be Attributed to Usiminas Comment 17: Whether the Economic Subvention to National Innovation Program is not Countervailable Comment 18: Whether FINEP's Economic Subvention Program has not Conferred a Measurable Benefit Comment 19: Whether the Bahia State Industrial Development and Economic Integration Program (Desenvolve) is De Jure specific Comment 20: Whether the GOB's References to Web sites Constitute a Full Response VIII. Recommendation [FR Doc. 2016-17952 Filed 7-28-16; 8:45 am] BILLING CODE 3510-DS-P
![49940 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices
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
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![Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices 49943
• Tool steels; 2 7209.28.0000, 7209.90.0000, 7210.70.3000, Comment 10: Whether the Integrated
• Silico-manganese steel; 3 7211.23.1500, 7211.23.2000, 7211.23.3000, Drawback Scheme is Countervailable
• Grain-oriented electrical steels (GOES) as 7211.23.4500, 7211.23.6030, 7211.23.6060, Comment 11: Whether Usiminas Received
defined in the final determination of the U.S. 7211.23.6090, 7211.29.2030, 7211.29.2090, a Benefit from the Integrated Drawback
Department of Commerce in Grain-Oriented 7211.29.4500, 7211.29.6030, 7211.29.6080, Scheme
Electrical Steel From Germany, Japan, and 7211.90.0000, 7212.40.1000, 7212.40.5000, Comment 12: Whether Reintegra is
Poland.4 7225.50.6000, 7225.50.8080, 7225.99.0090, Countervailable
• Non-Oriented Electrical Steels (NOES), 7226.92.5000, 7226.92.7050, and Comment 13: Whether To Recalculate the
as defined in the antidumping orders issued 7226.92.8050. The products subject to the Reintegra Subsidy Rate
by the U.S. Department of Commerce in Non- investigation may also enter under the Comment 14: Whether CSN Applied For/
Oriented Electrical Steel From the People’s following HTSUS numbers: 7210.90.9000, Used the Reintegra Program During the
Republic of China, Germany, Japan, the 7212.50.0000, 7215.10.0010, 7215.10.0080, POI
Republic of Korea, Sweden, and Taiwan.5 7215.50.0016, 7215.50.0018, 7215.50.0020, Comment 15: Whether the Exemption of
The products subject to this investigation 7215.50.0061, 7215.50.0063, 7215.50.0065, Payroll Tax is Countervailable
are currently classified in the Harmonized Comment 16: Whether Subsidies Provided
7215.50.0090, 7215.90.5000, 7217.10.1000,
Tariff Schedule of the United States (HTSUS) to UMSA should be Attributed to
7217.10.2000, 7217.10.3000, 7217.10.7000,
under item numbers: 7209.15.0000, Usiminas
7217.90.1000, 7217.90.5030, 7217.90.5060,
7209.16.0030, 7209.16.0060, 7209.16.0070, Comment 17: Whether the Economic
7209.16.0091, 7209.17.0030, 7209.17.0060, 7217.90.5090, 7225.19.0000, 7226.19.1000,
7226.19.9000, 7226.99.0180, 7228.50.5015, Subvention to National Innovation
7209.17.0070, 7209.17.0091, 7209.18.1530, Program is not Countervailable
7209.18.1560, 7209.18.2510, 7209.18.2520, 7228.50.5040, 7228.50.5070, 7228.60.8000,
and 7229.90.1000. Comment 18: Whether FINEP’s Economic
7209.18.2580, 7209.18.6020, 7209.18.6090,
The HTSUS subheadings above are Subvention Program has not Conferred a
7209.25.0000, 7209.26.0000, 7209.27.0000,
provided for convenience and U.S. Customs Measurable Benefit
purposes only. The written description of the Comment 19: Whether the Bahia State
none, or not more than 0.38 percent of copper; and Industrial Development and Economic
(ix) none, or not more than 0.09 percent of scope of the investigation is dispositive.
molybdenum.
Integration Program (Desenvolve) is De
2 Tool steels are defined as steels which contain
Appendix II—List of Topics Discussed Jure specific
the following combinations of elements in the in the Issues and Decision Comment 20: Whether the GOB’s
quantity by weight respectively indicated: (i) More Memorandum References to Web sites Constitute a Full
than 1.2 percent carbon and more than 10.5 percent Response
chromium; or (ii) not less than 0.3 percent carbon I. Summary VIII. Recommendation
and 1.25 percent or more but less than 10.5 percent Issues
[FR Doc. 2016–17952 Filed 7–28–16; 8:45 am]
chromium; or (iii) not less than 0.85 percent carbon II. Background
and 1 percent to 1.8 percent, inclusive, manganese; A. Case History BILLING CODE 3510–DS–P
or (iv) 0.9 percent to 1.2 percent, inclusive, B. Period of Investigation
chromium and 0.9 percent to 1.4 percent, inclusive, III. Scope of the Investigation
molybdenum; or (v) not less than 0.5 percent carbon DEPARTMENT OF COMMERCE
and not less than 3.5 percent molybdenum; or (vi)
IV. Use of Adverse Facts Available
not less than 0.5 percent carbon and not less than Subsidies Valuation
5.5 percent tungsten. A. Allocation Period International Trade Administration
3 Silico-manganese steel is defined as steels B. Attribution of Subsidies
[C–580–882]
containing by weight: (i) Not more than 0.7 percent C. Denominators
of carbon; (ii) 0.5 percent or more but not more than V. Interest Rates Benchmarks and Discount
1.9 percent of manganese, and (iii) 0.6 percent or Rates
Countervailing Duty Investigation of
more but not more than 2.3 percent of silicon. VI. Analysis of Programs Certain Cold-Rolled Steel Flat Products
4 Grain-Oriented Electrical Steel From Germany,
A. Programs Determined To Be From the Republic of Korea: Final
Japan, and Poland: Final Determinations of Sales at Countervailable Affirmative Determination
Less Than Fair Value and Certain Final Affirmative
Determination of Critical Circumstances, 79 FR
B. Program Determined To Be Not
Countervailable AGENCY: Enforcement and Compliance,
42,501, 42,503 (Dep’t of Commerce, July 22, 2014).
This determination defines grain-oriented electrical C. Programs Determined To Be Not Used, International Trade Administration,
steel as ‘‘a flat-rolled alloy steel product containing or Not To Confer a Measurable Benefit, Department of Commerce.
by weight at least 0.6 percent but not more than 6 During the POI SUMMARY: The Department of Commerce
percent of silicon, not more than 0.08 percent of D. Program Determined Not to Exist (the Department) determines that
carbon, not more than 1.0 percent of aluminum, and VII. Analysis of Comments
no other element in an amount that would give the countervailable subsidies are being
Comment 1: Whether To Apply AFA to
steel the characteristics of another alloy steel, in provided to producers/exporters of
both the GOB and Respondents for the
coils or in straight lengths.’’
Reduction of IPI for Machines and certain cold-rolled steel flat products
5 Non-Oriented Electrical Steel From the People’s
Equipment Program (cold-rolled steel) from the Republic of
Republic of China, Germany, Japan, the Republic of
Korea, Sweden, and Taiwan: Antidumping Duty Comment 2: Whether the Reduction of IPI Korea (Korea) as provided in section 705
Orders, 79 FR 71,741, 71,741–42 (Dep’t of for Machines and Equipment Program is of the Tariff Act of 1930, as amended
Commerce, Dec. 3, 2014). The orders define NOES Countervailable (the Act). For information on the
as ‘‘cold-rolled, flat-rolled, alloy steel products, Comment 3: Whether To Apply AFA for subsidy rates, see the ‘‘Final
whether or not in coils, regardless of width, having the Ex-Tarifário Program
an actual thickness of 0.20 mm or more, in which
Determination’’ section of this notice.
Comment 4: Whether Ex-Tarifário is De The period of investigation is January 1,
the core loss is substantially equal in any direction
Facto Specific
of magnetization in the plane of the material. The 2014, through December 31, 2014.
term ‘substantially equal’ means that the cross grain Comment 5: Whether Ex-Tarifário Provides
a Financial Contribution DATES: Effective July 29, 2016.
direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of Comment 6: Whether the FINAME Loan FOR FURTHER INFORMATION CONTACT:
core loss. NOES has a magnetic permeability that Program is Specific Yasmin Bordas or Emily Maloof, AD/
ebenthall on DSK5MVXVN1PROD with NOTICES
does not exceed 1.65 Tesla when tested at a field Comment 7: Whether To Apply AFA to
of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
CVD Operations, Office VI, Enforcement
Determine the Benefit of the FINAME
parallel to) the rolling direction of the sheet (i.e., and Compliance, International Trade
Program
B800 value). NOES contains by weight more than
Comment 8: Whether To Re-Calculate the
Administration, U.S. Department of
1.00 percent of silicon but less than 3.5 percent of Commerce, 14th Street and Constitution
silicon, not more than 0.08 percent of carbon, and FINAME Program for Usiminas
not more than 1.5 percent of aluminum. NOES has Comment 9: Whether To Use a Company- Avenue NW., Washington, DC 20230;
a surface oxide coating, to which an insulation Specific Interest Rate Benchmark for the telephone (202) 482–3813 or (202) 482–
coating may be applied.’’ FINAME Loan Program 5649, respectively.
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Document Created: 2018-02-08 07:51:52
Document Modified: 2018-02-08 07:51:52
| 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 | Sergio Balbontin, Nicholas Czajkowski, or Lana Nigro, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6478, (202) 482-1395, and (202) 482-1779, respectively. | |
| FR Citation | 81 FR 49940 |
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