81 FR 49943 - Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From the Republic of Korea: 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 | 49943-49946 | |
| FR Document | 2016-17939 |
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)] [Notices] [Pages 49943-49946] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17939] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-580-882] Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final Affirmative Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers/exporters of certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea) as provided in section 705 of the Tariff Act of 1930, as amended (the Act). For information on the subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2014, through December 31, 2014. DATES: Effective July 29, 2016. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Emily Maloof, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3813 or (202) 482-5649, respectively. [[Page 49944]] SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Determination on December 22, 2015.\1\ A summary of 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 Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Preliminary Negative Countervailing Duty Determination, 80 FR 79567 (December 22, 2015) (Preliminary Determination). \2\ See Memorandum to Paul Piquado, ``Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products from the Republic of Korea,'' dated July 20, 2016 (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are cold-rolled steel flat products from Korea. For a complete description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix II of this notice. Scope Comments In accordance with the Preliminary Scope Determination,\3\ the Department set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues. --------------------------------------------------------------------------- \3\ See Memorandum to Christian Marsh, ``Certain Cold-Rolled Steel Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated February 29, 2016 (Preliminary Scope Determination). --------------------------------------------------------------------------- For a summary of the product coverage comments and rebuttal responses submitted to the records of the cold-rolled steel investigations, and accompanying decision 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, ``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 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 as Appendix I. Use of Adverse Facts Available In making this final determination, the Department relied, in part, on facts available and, because POSCO and Hyundai Steel Co., Ltd. (Hyundai Steel) did not act to the best of their ability in responding to the Department's requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.\5\ Specifically, we find that the application of adverse facts available is warranted for POSCO for its failure to report certain cross-owned input suppliers and facilities located in a foreign economic zone (FEZ). We are also applying adverse facts available to POSCO's affiliated trading company, Daewoo International Corporation (DWI) for certain loans presented at verification. Further, we find that the application of adverse facts available is warranted for Hyundai Steel for its failure to report its location in an FEZ. For further information, see the section ``Use of Facts Otherwise Available and Adverse Inferences'' in the accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- \5\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our analysis of the comments received from parties and the minor corrections presented, and additional items discovered at verification, we made certain changes to the 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 POSCO and Hyundai Steel, the two 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 respondents with those companies' export sales of the subject merchandise to the United States. Under section 705(c)(5)(A)(i) of the Act, the all-others rate should exclude zero and de minimis rates calculated for the exporters and producers individually investigated, and any rates determined entirely under section 776 of the Act. Therefore, we have excluded the rate calculated for POSCO because it was determined entirely under section 776 of the Act. Thus, for the ``all-others'' rate, we applied the rate calculated for Hyundai Steel. ------------------------------------------------------------------------ Subsidy rate Company (percent) ------------------------------------------------------------------------ POSCO................................................... 58.36 Hyundai Steel Co., Ltd.................................. 3.91 All-Others.............................................. 3.91 ------------------------------------------------------------------------ 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). Suspension of Liquidation In the Preliminary Determination, the total net countervailable subsidy rates for the individually examined respondents were de minimis and, therefore, we did not suspend liquidation of entries of certain cold-rolled steel flat products from the Republic of Korea. However, the estimated subsidy rates for the examined companies are above de minimis in this final determination, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of cold- rolled steel from Korea that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above. The suspension of liquidation will remain in effect until further notice. In addition, pursuant to section 705(c)(1)(B)(ii) of the Act, we are directing the CBP to require a cash [[Page 49945]] deposit for such entries of merchandise in the amount indicated above. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order and instruct CBP to require a cash deposit of estimated CVDs for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information 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 of 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 Final Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Subsidies Valuation V. Benchmarks and Discount Rates VI. Use of Facts Otherwise Available And Adverse Inferences VII. Analysis of Programs VIII. Calculation of All-Others Rate IX. Analysis of Comments Comment 1: Whether the Department Should Apply Adverse Facts Available (AFA) to the Provision of Electricity for Less Than Adequate Remuneration (LTAR) Comment 2: Whether the Department Should Find That the Provision of Electricity for LTAR is a Countervailable Subsidy Comment 3: Whether the Department Should Use Other submitted Data to Measure the Adequacy of Remuneration of Electricity Comment 4: Whether the Department Should Find the Provision of Natural Gas for LTAR Countervailable Comment 5: Application of AFA to POSCO and Treatment of POSCO's Unreported Affiliates Comment 6: Whether to Apply AFA to POSCO Global R&D Center Comment 7: Whether to Apply AFA to Certain Loans Submitted at Verification Comment 8: Whether to Apply AFA to Hyundai Steel for Use of Certain Foreign Economic Zones (FEZs) Comment 9: Whether Certain Loans at the Korean Export Import Bank (KEXIM) Were Verified Comment 10: The Department's Treatment of Unalleged Programs and Verification of Non-Use Comment 11: Whether to Apply AFA to the GOK for Restriction of Special Taxation Agreement (RSTA) Article 120 Comment 12: Whether to Apply AFA to the GOK for DWI's Debt Workout Comment 13: Whether the Department Finds Tax Programs de facto Specific Comment 14: Whether the Department Should Determine That the Local Tax Exemption Hyundai Steel Received Under RSTA Article 120 Is Related to the Cold-Rolling Assets Purchased From Hyundai HYSCO and Is, Therefore, Attributable to Subject Merchandise Comment 15: Whether the Department Improperly Countervailed Property Tax Exemptions Received by the Pohang Plant Under RSLTA 78 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.\6\ 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: --------------------------------------------------------------------------- \6\ Since the Preliminary Determination, eight interested parties (i.e., JFE Steel Corporation, Electrolux Home Products, Inc., Electrolux Home Care Products, Inc., ArcelorMittal USA LLC, AK Steel Corporation, Nucor Corporation, Steel Dynamics Inc., and United States Steel Corporation) commented on the scope of the investigation. The Department reviewed these comments and made no changes. 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,'' dated concurrently with this final determination. --------------------------------------------------------------------------- (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 [[Page 49946]] 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; \7\ --------------------------------------------------------------------------- \7\ 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; \8\ --------------------------------------------------------------------------- \8\ 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; \9\ --------------------------------------------------------------------------- \9\ 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.\10\ --------------------------------------------------------------------------- \10\ 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.\11\ --------------------------------------------------------------------------- \11\ 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 this 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 customs purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2016-17939 Filed 7-28-16; 8:45 am] BILLING CODE 3510-DS-P
![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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![49946 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices
levels of elements such as chromium, copper, • Non-Oriented Electrical Steels (NOES), DEPARTMENT OF COMMERCE
niobium, titanium, vanadium, and as defined in the antidumping orders issued
molybdenum. Motor lamination steels by the U.S. Department of Commerce in Non- International Trade Administration
contain micro-alloying levels of elements Oriented Electrical Steel From the People’s
such as silicon and aluminum. AHSS and [A–351–843]
Republic of China, Germany, Japan, the
UHSS are considered high tensile strength Republic of Korea, Sweden, and Taiwan.11 Certain Cold-Rolled Steel Flat Products
and high elongation steels, although AHSS
The products subject to this investigation From Brazil: Final Determination of
and UHSS are covered whether or not they
are high tensile strength or high elongation are currently classified in the Harmonized Sales at Less Than Fair Value
steels. Tariff Schedule of the United States (HTSUS)
Subject merchandise includes cold-rolled under item numbers: 7209.15.0000, AGENCY: Enforcement and Compliance,
steel that has been further processed in a 7209.16.0030, 7209.16.0060, 7209.16.0070, International Trade Administration,
third country, including but not limited to 7209.16.0091, 7209.17.0030, 7209.17.0060, Department of Commerce.
annealing, tempering, painting, varnishing, 7209.17.0070, 7209.17.0091, 7209.18.1530, SUMMARY: The Department of Commerce
trimming, cutting, punching, and/or slitting, 7209.18.1560, 7209.18.2510, 7209.18.2520, (the Department) determines that certain
or any other processing that would not 7209.18.2580, 7209.18.6020, 7209.18.6090, cold-rolled steel flat products (cold-
otherwise remove the merchandise from the 7209.25.0000, 7209.26.0000, 7209.27.0000, rolled steel) from Brazil is being, or is
scope of the investigation if performed in the 7209.28.0000, 7209.90.0000, 7210.70.3000, likely to be, sold in the United States at
country of manufacture of the cold-rolled less than fair value (LTFV). The period
7211.23.1500, 7211.23.2000, 7211.23.3000,
steel.
7211.23.4500, 7211.23.6030, 7211.23.6060, of investigation (POI) is July 1, 2014,
All products that meet the written physical
description, and in which the chemistry 7211.23.6090, 7211.29.2030, 7211.29.2090, through June 30, 2015. The final
quantities do not exceed any one of the noted 7211.29.4500, 7211.29.6030, 7211.29.6080, dumping margins of sales at LTFV are
element levels listed above, are within the 7211.90.0000, 7212.40.1000, 7212.40.5000, listed below in the ‘‘Final
scope of this investigation unless specifically 7225.50.6000, 7225.50.8080, 7225.99.0090, Determination’’ section of this notice.
excluded. The following products are outside 7226.92.5000, 7226.92.7050, and DATES: Effective July 29, 2016.
of and/or specifically excluded from the 7226.92.8050. FOR FURTHER INFORMATION CONTACT:
scope of this investigation: The products subject to this investigation Hermes Pinilla, AD/CVD Operations,
• Ball bearing steels; 7 may also enter under the following HTSUS
• Tool steels; 8 Office I, Enforcement and Compliance,
numbers: 7210.90.9000, 7212.50.0000, International Trade Administration,
• Silico-manganese steel; 9
7215.10.0010, 7215.10.0080, 7215.50.0016, U.S. Department of Commerce, 1401
• Grain-oriented electrical steels (GOES) as
defined in the final determination of the U.S. 7215.50.0018, 7215.50.0020, 7215.50.0061, Constitution Avenue NW., Washington,
Department of Commerce in Grain-Oriented 7215.50.0063, 7215.50.0065, 7215.50.0090, DC 20230; telephone: (202) 482–3477.
Electrical Steel From Germany, Japan, and 7215.90.5000, 7217.10.1000, 7217.10.2000,
SUPPLEMENTARY INFORMATION:
Poland.10 7217.10.3000, 7217.10.7000, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090, Background
7 Ball bearing steels are defined as steels which 7225.19.0000, 7226.19.1000, 7226.19.9000, On March 7, 2016, the Department
contain, in addition to iron, each of the following 7226.99.0180, 7228.50.5015, 7228.50.5040,
elements by weight in the amount specified: (i) Not
published the Preliminary
7228.50.5070, 7228.60.8000, and Determination of this antidumping duty
less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent 7229.90.1000. (AD) investigation.1 On April 7, 2016,
of manganese; (iii) none, or not more than 0.03 The HTSUS subheadings above are we amended our Preliminary
percent of sulfur; (iv) none, or not more than 0.03 provided for convenience and customs Determination.2
percent of phosphorus; (v) not less than 0.18 nor purposes only. The written description of the
more than 0.37 percent of silicon; (vi) not less than The following events occurred since
scope of the investigation is dispositive. the Amended Preliminary
1.25 nor more than 1.65 percent of chromium; (vii)
none, or not more than 0.28 percent of nickel; (viii) [FR Doc. 2016–17939 Filed 7–28–16; 8:45 am] Determination was issued. In June 2016,
none, or not more than 0.38 percent of copper; and U.S. Steel and Steel Dynamics, Inc.,3
BILLING CODE 3510–DS–P
(ix) none, or not more than 0.09 percent of
molybdenum.
and CSN submitted case briefs 4 and
8 Tool steels are defined as steels which contain rebuttal briefs.5
the following combinations of elements in the no other element in an amount that would give the
quantity by weight respectively indicated: (i) More steel the characteristics of another alloy steel, in 1 See Certain Cold-Rolled Steel Flat Products
than 1.2 percent carbon and more than 10.5 percent coils or in straight lengths.’’ From Brazil: Affirmative Preliminary Determination
chromium; or (ii) not less than 0.3 percent carbon 11 Non-Oriented Electrical Steel From the People’s of Sales at Less Than Fair Value, Postponement of
and 1.25 percent or more but less than 10.5 percent Republic of China, Germany, Japan, the Republic of Final Determination and Extension of Provisional
chromium; or (iii) not less than 0.85 percent carbon Korea, Sweden, and Taiwan: Antidumping Duty Measures, 81 FR 11754 (March 7, 2016)
and 1 percent to 1.8 percent, inclusive, manganese; Orders, 79 FR 71,741, 71,741–42 (Dep’t of (Preliminary Determination).
or (iv) 0.9 percent to 1.2 percent, inclusive, 2 See Certain Cold-Rolled Steel Flat Products
Commerce, Dec. 3, 2014). The orders define NOES
chromium and 0.9 percent to 1.4 percent, inclusive, From Brazil: Amended Preliminary Determination
as ‘‘cold-rolled, flat-rolled, alloy steel products,
molybdenum; or (v) not less than 0.5 percent carbon of Sales at Less Than Fair Value, 81 FR 20366
and not less than 3.5 percent molybdenum; or (vi) whether or not in coils, regardless of width, having
(April 7, 2016) (Amended Preliminary
not less than 0.5 percent carbon and not less than an actual thickness of 0.20 mm or more, in which Determination).
5.5 percent tungsten. the core loss is substantially equal in any direction 3 The petitioners in this case are AK Steel
9 Silico-manganese steel is defined as steels of magnetization in the plane of the material. The Corporation (AK Steel), ArcelorMittal USA LLC,
containing by weight: (i) Not more than 0.7 percent term ‘substantially equal’ means that the cross grain Nucor Corporation, Steel Dynamics, Inc., and
of carbon; (ii) 0.5 percent or more but not more than direction of core loss is no more than 1.5 times the United States Steel Corporation (collectively, the
1.9 percent of manganese, and (iii) 0.6 percent or straight grain direction (i.e., the rolling direction) of petitioners).
more but not more than 2.3 percent of silicon. core loss. NOES has a magnetic permeability that 4 See Letter from U.S. Steel, ‘‘Certain Cold-Rolled
10 Grain-Oriented Electrical Steel From Germany,
does not exceed 1.65 Tesla when tested at a field Steel Flat Products From Brazil, Antidumping
ebenthall on DSK5MVXVN1PROD with NOTICES
Japan, and Poland: Final Determinations of Sales at of 800 A/m (equivalent to 10 Oersteds) along (i.e., Investigation: Case Brief’’ (June 17, 2016); Letter
Less Than Fair Value and Certain Final Affirmative parallel to) the rolling direction of the sheet (i.e., from Steel Dynamics, Inc., ‘‘Certain Cold-Rolled
Determination of Critical Circumstances, 79 FR Steel Flat Products From Brazil,: SDI’s Case Brief’’
B800 value). NOES contains by weight more than
42,501, 42,503 (Dep’t of Commerce, July 22, 2014). (June 17, 2016); Letter from CSN, ‘‘Certain Cold-
This determination defines grain-oriented electrical 1.00 percent of silicon but less than 3.5 percent of Rolled Steel Flat Products from Brazil and Certain
steel as ‘‘a flat-rolled alloy steel product containing silicon, not more than 0.08 percent of carbon, and Hot-Rolled Steel Flat Products from Brazil: CSN’s
by weight at least 0.6 percent but not more than 6 not more than 1.5 percent of aluminum. NOES has Case Brief’’ (June 17, 2016).
percent of silicon, not more than 0.08 percent of a surface oxide coating, to which an insulation 5 See Letter from U.S. Steel, ‘‘Certain Cold-Rolled
carbon, not more than 1.0 percent of aluminum, and coating may be applied.’’ Steel Flat Products From Brazil, Antidumping
VerDate Sep<11>2014 21:05 Jul 29, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\29JYN1.SGM 29JYN1](https://thefederalregister.org/doc/81_FR_50089/page/4.svg)
Document Created: 2018-02-08 07:51:39
Document Modified: 2018-02-08 07:51:39
| 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 | Yasmin Bordas or Emily Maloof, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3813 or (202) 482-5649, respectively. | |
| FR Citation | 81 FR 49943 |
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