81_FR_50096 81 FR 49950 - Certain Cold-Rolled Steel Flat Products From the Russian Federation: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part

81 FR 49950 - Certain Cold-Rolled Steel Flat Products From the Russian Federation: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range49950-49953
FR Document2016-17938

The Department of Commerce (``Department'') determines that cold-rolled steel flat products (``cold-rolled steel'') from the Russian Federation (``Russia'') are being, or are likely to be, sold in the United States at less than fair value (``LTFV''). The period of investigation (``POI'') is July 31, 2014, through June 30, 2015. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice.

Federal Register, Volume 81 Issue 146 (Friday, July 29, 2016)
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 49950-49953]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17938]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-822]


Certain Cold-Rolled Steel Flat Products From the Russian 
Federation: Final Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstances, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') determines that 
cold-rolled steel flat products (``cold-rolled steel'') from the 
Russian Federation (``Russia'') are being, or are likely to be, sold in 
the United States at less than fair value (``LTFV''). The period of 
investigation (``POI'') is July 31, 2014, through June 30, 2015. The 
final dumping margins of sales at LTFV are listed below in the ``Final 
Determination'' section of this notice.

DATES: Effective July 29, 2016.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, Eve Wang or Alex 
Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-4243, (202) 482-6231 or (202) 482-7814, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 8, 2016, the Department published the Preliminary 
Determination of this antidumping duty (``AD'') investigation and 
invited parties to comment.\1\ As provided in section 782(i) of the 
Act, in April and May 2016, the Department verified the sales and cost 
data reported by Severstal Export GmbH and PAO Severstal (collectively 
``Severstal'') and Novex Trading (Swiss) SA and Novolipetsk Steel OJSC 
(collectively ``NLMK''), the two mandatory respondents in this 
investigation. In June 2016, ArcelorMittal USA LLC (``ArcelorMittal''), 
on behalf of Petitioners,\2\ Severstal, and NLMK submitted case briefs 
and rebuttal briefs. For a complete discussion of the events that 
occurred since the Preliminary Determination, see the Issues and 
Decision Memorandum.\3\
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    \1\ See Certain Cold-Rolled Steel Flat Products from the Russian 
Federation: Affirmative Preliminary Determination of Sales at Less 
Than Fair Value, Affirmative Preliminary Determination of Critical 
Circumstances, and Postponement of Final Determination, 81 FR 12072 
(March 8, 2016) (``Preliminary Determination'').
    \2\ Petitioners are AK Steel Corporation, ArcelorMittal USA LLC, 
Nucor Corporation, Steel Dynamics, Inc., and United States Steel 
Corporation.
    \3\ 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 
Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat 
Products from the Russian Federation,'' dated concurrently with this 
notice (``Issues and Decision Memorandum'').
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Scope of the Investigation

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

[[Page 49951]]

Scope Comments

    In accordance with the Preliminary Scope Decision Memorandum,\4\ 
the Department set aside a period of time for parties to address scope 
issues in case briefs or other written comments on scope issues.
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    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Cold-Rolled Steel Products From Brazil, the People's 
Republic of China, India, Japan, the Republic of Korea, the Russian 
Federation, and the United Kingdom: Scope Comments Decision 
Memorandum for the Preliminary Determinations,'' dated February 29, 
2016 (``Preliminary Scope Decision Memorandum'').
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    For a summary of the product coverage comments and rebuttal 
responses submitted to the record of the cold-rolled steel 
investigations, and accompanying discussion and analysis of all 
comments timely received, see the Final Scope Decision Memorandum.\5\ 
The Final Scope Decision Memorandum is incorporated by, and hereby 
adopted by, this notice.
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    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Scope Comments Decision Memorandum for the Final Determinations,'' 
dated concurrently with this notice (``Final Scope Decision 
Memorandum'').
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum, 
which is incorporated by reference and hereby adopted by this notice. A 
list of the issues raised is attached to this notice as Attachment I. 
The Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``ACCESS''). 
ACCESS is available to registered users at https://access.trade.gov and 
it is available to all parties in the Central Records Unit, Room B-8024 
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/index.html. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations. 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 Tariff Act of 1930, as amended (``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 margins, and margins 
determined entirely under section 776 of the Act. In this case, because 
the final dumping margin calculated for NLMK is de minimis, we assigned 
the rate calculated for Severstal as the ``all-others'' rate in the 
final determination, in accordance with section 735(c)(5)(A) of the 
Act.

Final Determination

    The Department determines that the final weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                              Weighted-average  margin
             Exporter/producer                        (percent)
------------------------------------------------------------------------
Severstal Export GmbH and PAO Severstal...  13.36.
Novex Trading (Swiss) SA and Novolipetsk    1.04 (de minimis).
 Steel OJSC.
All Others................................  13.36.
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed within five days 
of the publication of this notice to interested parties, in accordance 
with 19 CFR 351.224(b).

Final Affirmative Determination of Critical Circumstances, In Part

    On February 29, 2016 the Department found that critical 
circumstances existed for merchandise exported by Severstal and NLMK, 
as well as for ``all others.'' \6\ Based on the final sales data 
submitted by Severstal and NLMK and further analysis following the 
Preliminary Determination, we are modifying our findings for the final 
determination, in part. For the final determination, with respect to 
NLMK, we have determined that cold-rolled steel is not being, or is not 
likely to be, sold in the United States at LTFV and, thus, we are 
issuing a negative critical circumstances determination. With respect 
to Severstal, our analysis of Severstal revised reported monthly data 
demonstrates that Severstal's shipments of cold-rolled steel during the 
comparison period increased less than 15 percent over the respective 
imports in the base period, and thus, we are issuing a negative 
critical circumstances determination. For all others, we relied on 
NLMK's reported shipment data and Severstal's revised shipment data and 
determined that the imports during the comparison period increased more 
than 15 percent over the respective imports under the same methodology 
as in the Preliminary Determination. Accordingly, we determine that 
critical circumstances did not exist with regard to NLMK's or 
Sevestal's imports of cold-rolled steel, but existed with regard to all 
others. For a complete discussion of this issue, see the ``Final 
Determination of Critical Circumstances, In Part'' section of the 
Issues and Decision Memorandum.
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    \6\ See Preliminary Determination.
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Continuation of Suspension of Liquidation

    In accordance with 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 appropriate entries of cold-rolled steel 
from Russia as described in the ``Scope of the Investigation'' section, 
which are entered, or withdrawn from warehouse, for consumption on or 
after March 8, 2016, the date of publication in the Federal Register of 
the affirmative Preliminary Determination. Because of our affirmative 
determination of critical circumstances for ``all others,'' in 
accordance with section 735(a)(3) and (c)(4)(C) of the Act, suspension 
of liquidation of cold-rolled steel from Russia, as described in the 
``Scope of the Investigation'' section, shall apply, for ``all 
others,'' to unliquidated entries of merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date which is 90 days 
before the publication of the Preliminary Determination. Because we 
find in this final determination that critical circumstances do not 
exist for Severstal, we will terminate the retroactive suspension of 
liquidation ordered at the Preliminary Determination and release any 
cash deposits that were required during that period, consistent with 
section 735(c)(3) of the Act. For NLMK, which includes Novex Trading 
(Swiss) SA and Novolipetsk Steel OJSC, because this entity's estimated 
weighted-average final dumping margin is de minimis, we are directing 
CBP to terminate suspension of liquidation of entries of cold-rolled 
steel produced and exported by this entity.
    Further, pursuant to 19 CFR 351.205(d), the Department will 
instruct CBP to require a cash deposit equal to the weighted-average 
amount by which normal value exceeds U.S. price as follows: (1) For the 
mandatory

[[Page 49952]]

respondent listed above, the cash deposit rate will be equal to the 
dumping margin which the Department determined in this final 
determination adjusted, as appropriate, for export subsidies found in 
the final determination of the companion countervailing duty 
investigation; \7\ (2) if the exporter is not a firm identified in this 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the producer of the subject merchandise; and (3) 
the cash deposit rates for all other producers or exporters will be 
13.36 percent, as discussed in the ``All-Others Rate'' section above. 
The suspension of liquidation instructions will remain in effect until 
further notice.
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    \7\ In this case, although the product under investigation is 
also subject to a countervailing duty investigation, the Department 
found no countervailing duty determined to constitute an export 
subsidy. Therefore, we did not offset the cash deposit rates shown 
above for purposes of this determination.
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International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (``ITC'') of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of certain cold-
rolled steel from Russia no later than 45 days after our final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated and 
all cash deposits will be refunded. If the ITC determines that such 
injury does exist, 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 (``APO'')

    This notice serves as a reminder to parties subject to APO of their 
responsibility concerning the disposition of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
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 the terms of an APO is a violation 
subject to sanction.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

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

Attachment I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Final Determination of Critical Circumstances, In Part
V. Changes Since the Preliminary Determination
VI. List of Comments
VII. Discussion of the Issues
    Comment 1: Application of Adverse Facts Available (``AFA'') for 
Severstal
    Comment 2: Classification of Severstal Export's Sales through 
SSE Miami
    Comment 3: Treatment of SSE Miami's Indirect Selling Expenses in 
the Determination of U.S. Price
    Comment 4: The Use of Zeroing in Severstal's Margin Analysis
    Comment 5: Calculation of Severstal Export's U.S. Customs 
Clearance Costs
    Comment 6: Financial Expenses and Foreign Exchange Losses for 
Severstal
    Comment 7: Missing Costs for Severstal
    Comment 8: Cost for Products Sold but not Produced During the 
POI for Severstal
    Comment 9: Major Inputs for Severstal
    Comment 10: Financial Expense Ratio Calculation for Severstal
    Comment 11: Ministerial Errors for Severstal
    Comment 12: NLMK's Date of Sale for the U.S. Sales
    Comment 13: Reserve for Doubtful Debts in NLMK's Indirect 
Selling Expenses
    Comment 14: NLMK's Other Income and Expense Items
    Comment 15: Allocation of the Parent Company's Expenses to NLMK
    Comment 16: NLMK's Net Financial Expense Ratio
    Comment 17: Minor Corrections in NLMK's Margin Calculation
VIII. Recommendation

Attachment II

Scope of the Investigation

    The products covered by this investigation are certain cold-
rolled (cold-reduced), flat-rolled steel products, whether or not 
annealed, painted, varnished, or coated with plastics or other non-
metallic substances. The products covered do not include those that 
are clad, plated, or coated with metal. The products covered include 
coils that have a width or other lateral measurement (``width'') of 
12.7 mm or greater, regardless of form of coil (e.g., in 
successively superimposed layers, spirally oscillating, etc.). The 
products covered also include products not in coils (e.g., in 
straight lengths) of a thickness less than 4.75 mm and a width that 
is 12.7 mm or greater and that measures at least 10 times the 
thickness. The products covered also include products not in coils 
(e.g., in straight lengths) of a thickness of 4.75 mm or more and a 
width exceeding 150 mm and measuring at least twice the thickness. 
The products described above may be rectangular, square, circular, 
or other shape and include products of either rectangular or non-
rectangular cross-section where such cross-section is achieved 
subsequent to the rolling process, i.e., products which have been 
``worked after rolling'' (e.g., products which have been beveled or 
rounded at the edges). For purposes of the width and thickness 
requirements referenced above:
    (1) Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set forth above, and
    (2) where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.
    Steel products included in the scope of this investigation are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; (2) the carbon content is 2 percent or 
less, by weight; and (3) none of the elements listed below exceeds 
the quantity, by weight, respectively indicated:

 2.50 percent of manganese, or
 3.30 percent of silicon, or
 1.50 percent of copper, or
 1.50 percent of aluminum, or
 1.25 percent of chromium, or
 0.30 percent of cobalt, or
 0.40 percent of lead, or
 2.00 percent of nickel, or
 0.30 percent of tungsten (also called wolfram), or
 0.80 percent of molybdenum, or
 0.10 percent of niobium (also called columbium), or
 0.30 percent of vanadium, or
 0.30 percent of zirconium

    Unless specifically excluded, products are included in this 
scope regardless of levels of boron and titanium.
    For example, specifically included in this scope are vacuum 
degassed, fully stabilized (commonly referred to as interstitial-
free (``IF'')) steels, high strength low alloy (``HSLA'') steels, 
motor lamination steels, Advanced High Strength Steels (``AHSS''), 
and Ultra High Strength Steels (``UHSS''). IF steels are recognized 
as low carbon steels with micro-alloying levels of elements such as 
titanium and/or niobium added to stabilize carbon and nitrogen 
elements. HSLA steels are recognized as steels with micro-alloying 
levels of elements such as chromium, copper, niobium, titanium, 
vanadium, and molybdenum. Motor lamination steels contain micro-
alloying levels of elements such as silicon and aluminum. AHSS and 
UHSS are considered high tensile strength and high elongation

[[Page 49953]]

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; \8\
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    \8\ Ball bearing steels are defined as steels which contain, in 
addition to iron, each of the following elements by weight in the 
amount specified: (i) Not less than 0.95 nor more than 1.13 percent 
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of 
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) 
none, or not more than 0.03 percent of phosphorus; (v) not less than 
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 
nor more than 1.65 percent of chromium; (vii) none, or not more than 
0.28 percent of nickel; (viii) none, or not more than 0.38 percent 
of copper; and (ix) none, or not more than 0.09 percent of 
molybdenum.
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     Tool steels; \9\
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    \9\ Tool steels are defined as steels which contain the 
following combinations of elements in the quantity by weight 
respectively indicated: (i) More than 1.2 percent carbon and more 
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon 
and 1.25 percent or more but less than 10.5 percent chromium; or 
(iii) not less than 0.85 percent carbon and 1 percent to 1.8 
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, 
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, 
molybdenum; or (v) not less than 0.5 percent carbon and not less 
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent 
carbon and not less than 5.5 percent tungsten.
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     Silico-manganese steel; \10\
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    \10\ Silico-manganese steel is defined as steels containing by 
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or 
more but not more than 1.9 percent of manganese, and (iii) 0.6 
percent or more but not more than 2.3 percent of silicon.
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     Grain-oriented electrical steels (``GOES'') as defined 
in the final determination of the U.S. Department of Commerce in 
Grain-Oriented Electrical Steel from Germany, Japan, and Poland.\11\
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    \11\ 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) (``Grain-
Oriented Electrical Steel from Germany, Japan, and Poland''). This 
determination defines grain-oriented electrical steel as ``a flat-
rolled alloy steel product containing by weight at least 0.6 percent 
but not more than 6 percent of silicon, not more than 0.08 percent 
of carbon, not more than 1.0 percent of aluminum, and no other 
element in an amount that would give the steel the characteristics 
of another alloy steel, in coils or in straight lengths.''
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     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.\12\
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    \12\ 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) (``Non-Oriented Electrical Steel from the People's 
Republic of China, Germany, Japan, the Republic of Korea, Sweden, 
and Taiwan''). The orders define NOES as ``cold-rolled, flat-rolled, 
alloy steel products, whether or not in coils, regardless of width, 
having an actual thickness of 0.20 mm or more, in which the core 
loss is substantially equal in any direction of magnetization in the 
plane of the material. The term `substantially equal' means that the 
cross grain direction of core loss is no more than 1.5 times the 
straight grain direction (i.e., the rolling direction) of core loss. 
NOES has a magnetic permeability that does not exceed 1.65 Tesla 
when tested at a field of 800 A/m (equivalent to 10 Oersteds) along 
(i.e., parallel to) the rolling direction of the sheet (i.e., B800 
value). NOES contains by weight more than 1.00 percent of silicon 
but less than 3.5 percent of silicon, not more than 0.08 percent of 
carbon, and not more than 1.5 percent of aluminum. NOES has a 
surface oxide coating, to which an insulation coating may be 
applied.''
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    The products subject to this investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7209.15.0000, 7209.16.0030, 
7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 
7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530, 
7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 
7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 
7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 
7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 
7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030, 
7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 
7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 
7226.92.8050. The products subject to the investigation may also 
enter under the following HTSUS numbers: 7210.90.9000, 7212.50.0000, 
7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 
7215.50.0020, 7215.50.0061, 7215.50.0063, 7215.50.0065, 
7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 
7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 
7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 
7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 
7228.50.5070, 7228.60.8000, and 7229.90.1000.
    The HTSUS subheadings above are provided for convenience and 
U.S. Customs purposes only. The written description of the scope of 
the investigation is dispositive.

[FR Doc. 2016-17938 Filed 7-28-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                49950                            Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices

                                                that was being manufactured in the                       growth of incongruently melting and                   value (‘‘LTFV’’). The period of
                                                United States at the time of order.                      highly evaporating materials.                         investigation (‘‘POI’’) is July 31, 2014,
                                                Reasons: The fundamental capabilities                       Docket Number: 15–058. Applicant:                  through June 30, 2015. The final
                                                of the instrument target the nanoscale                   UChicago Argonne, Lemont, IL 60439–                   dumping margins of sales at LTFV are
                                                fabrication of complex 3-dimensional                     4873. Instrument: IEX ARPES Cryo-                     listed below in the ‘‘Final
                                                polymer components and systems. The                      Manipulator. Manufacturer: Omnivac,                   Determination’’ section of this notice.
                                                instrument will be used for the                          Hansjoerg Ruppender, Germany.                         DATES: Effective July 29, 2016.
                                                characterization and optimization of                     Intended Use: See notice at 81 FR                     FOR FURTHER INFORMATION CONTACT:
                                                fabrication resolution and precision for                 32724–25, May 24, 2016. Comments:                     Laurel LaCivita, Eve Wang or Alex
                                                specific applications and device and                     None received. Decision: Approved. We                 Rosen, AD/CVD Operations, Office III,
                                                system level characterization of                         know of no instruments of equivalent                  Enforcement and Compliance,
                                                components manufactured using the                        scientific value to the foreign                       International Trade Administration,
                                                nanoscribe tool. It will be used to                      instruments described below, for such                 U.S. Department of Commerce, 14th
                                                perform research into the nanoscale                      purposes as this is intended to be used,              Street and Constitution Avenue NW.,
                                                patterning of photoactive polymer                        that was being manufactured in the                    Washington, DC 20230; telephone: (202)
                                                materials, including epoxy-based                         United States at the time of order.                   482–4243, (202) 482–6231 or (202) 482–
                                                photoresists. Unique features of this                    Reasons: The instrument will be used to               7814, respectively.
                                                instrument include two photon                            cool and position single crystal and thin             SUPPLEMENTARY INFORMATION:
                                                polymerization of various UV-curable                     film samples in an angle-resolved
                                                photoresists, two photon exposure of                     photoemission spectroscopy (ARPES)                    Background
                                                common positive tone photoresists, and                   chamber. ARPES is used to map the                        On March 8, 2016, the Department
                                                the highest resolution available for a 3D                electronic band structure of material.                published the Preliminary
                                                printer.                                                 Samples include high-temperature                      Determination of this antidumping duty
                                                   Docket Number: 15–055. Applicant:                     superconductors, graphene, and other                  (‘‘AD’’) investigation and invited parties
                                                Rutgers University, Piscataway, NJ                       low dimensional materials, metals and                 to comment.1 As provided in section
                                                08854. Instrument: Opitcal Floating                      complex oxides. The instrument’s                      782(i) of the Act, in April and May
                                                Zone Furnace. Manufacturer: Crystal                      unique features include ultra-high                    2016, the Department verified the sales
                                                Systems Cooperation, Japan. Intended                     vacuum compatible, six-axes of motion                 and cost data reported by Severstal
                                                Use: See notice at 81 FR 32724, May 24,                  with a specified range x: +/¥10mm,                    Export GmbH and PAO Severstal
                                                2016. Comments: None received.                           1mm, +/¥0.05mm, y: +/¥10mm, 1mm, +/                   (collectively ‘‘Severstal’’) and Novex
                                                Decision: Approved. We know of no                        ¥0.05mm, z: 300mm, 1mm, +/¥0.05mm,                    Trading (Swiss) SA and Novolipetsk
                                                instruments of equivalent scientific                     polar rotation: 360 degrees, 0.005                    Steel OJSC (collectively ‘‘NLMK’’), the
                                                value to the foreign instruments                         degrees, 0.0001 degrees, flip rotation:               two mandatory respondents in this
                                                described below, for such purposes as                    ¥15/+60 degrees, .1 degree, 0.05                      investigation. In June 2016,
                                                this is intended to be used, that was                    degrees, azimuthal rotation: +/¥90                    ArcelorMittal USA LLC
                                                being manufactured in the United States                  degrees, .1 degree, 0.05 degrees, a low               (‘‘ArcelorMittal’’), on behalf of
                                                at the time of order. Reasons: The                       base temperature of 5.5K and high                     Petitioners,2 Severstal, and NLMK
                                                instrument will be used to grow high                     vibrational stability (motion at the                  submitted case briefs and rebuttal briefs.
                                                quality bulk single crystals of a variety                sample <500 nm).                                      For a complete discussion of the events
                                                of complex quantum materials                                                                                   that occurred since the Preliminary
                                                                                                           Dated: July 22, 2016.
                                                including multiferroics, ferroelectrics                                                                        Determination, see the Issues and
                                                                                                         Gregory W. Campbell,
                                                and low-symmetry magnets. Research                                                                             Decision Memorandum.3
                                                                                                         Director, Subsidies Enforcement Office,
                                                projects will include the duality                        Enforcement and Compliance.                           Scope of the Investigation
                                                between FR and PUA states in                             [FR Doc. 2016–18016 Filed 7–28–16; 8:45 am]             The products covered by this
                                                hexagonal manganites, the duality                        BILLING CODE 3510–DS–P                                investigation are cold-rolled steel from
                                                between Ising triangular                                                                                       the Russian Federation. For a complete
                                                antiferromagnetism and improper                                                                                description of the scope of this
                                                ferroelectricity in hexagonal systems,                   DEPARTMENT OF COMMERCE                                investigation, see the ‘‘Scope of the
                                                the domains and domain walls in other                                                                          Investigation,’’ in Attachment II of this
                                                polar or chiral magnets, the domains                     International Trade Administration                    notice.
                                                and domain walls in new hybrid
                                                improper ferroelectrics, the domains                     [A–821–822]
                                                                                                                                                                  1 See Certain Cold-Rolled Steel Flat Products from

                                                and domain walls in metastable phases                    Certain Cold-Rolled Steel Flat Products               the Russian Federation: Affirmative Preliminary
                                                at the phase boundaries, and magnetic                                                                          Determination of Sales at Less Than Fair Value,
                                                                                                         From the Russian Federation: Final                    Affirmative Preliminary Determination of Critical
                                                skyrmion in non-centrosymmetric                          Determination of Sales at Less Than                   Circumstances, and Postponement of Final
                                                magnets. The instrument is equipped                      Fair Value and Final Affirmative                      Determination, 81 FR 12072 (March 8, 2016)
                                                with 5 high power (1000 W in total)                      Determination of Critical
                                                                                                                                                               (‘‘Preliminary Determination’’).
                                                                                                                                                                  2 Petitioners are AK Steel Corporation,
                                                continuous wavelength laser diodes as a                  Circumstances, in Part                                ArcelorMittal USA LLC, Nucor Corporation, Steel
                                                heating source. Five lasers ensure                                                                             Dynamics, Inc., and United States Steel
                                                temperature homogeneity along the                        AGENCY:    Enforcement and Compliance,                Corporation.
                                                azimuthal direction around the crystal                   International Trade Administration,
ebenthall on DSK5MVXVN1PROD with NOTICES




                                                                                                                                                                  3 See Memorandum from Christian Marsh, Deputy

                                                rod to be greater than 95%. The                          Department of Commerce.                               Assistant Secretary for Antidumping and
                                                                                                                                                               Countervailing Duty Operations, to Paul Piquado,
                                                maximum temperature gradient along                       SUMMARY: The Department of Commerce                   Assistant Secretary for Enforcement and
                                                the growth direction is greater than 150                 (‘‘Department’’) determines that cold-                Compliance, ‘‘Issues and Decision Memorandum for
                                                degrees Celsius/mm. Crystal growth can                   rolled steel flat products (‘‘cold-rolled             the Final Determination in the Antidumping Duty
                                                go from extremely stable and slow                        steel’’) from the Russian Federation                  Investigation of Certain Cold-Rolled Steel Flat
                                                                                                                                                               Products from the Russian Federation,’’ dated
                                                growth to very rapid quenching mode,                     (‘‘Russia’’) are being, or are likely to be,          concurrently with this notice (‘‘Issues and Decision
                                                0.01 to 300 mm/h. This enables the                       sold in the United States at less than fair           Memorandum’’).



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                                                                                 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices                                                   49951

                                                Scope Comments                                           All-Others Rate                                               issuing a negative critical circumstances
                                                   In accordance with the Preliminary                      Section 735(c)(5)(A) of the Tariff Act                      determination. For all others, we relied
                                                Scope Decision Memorandum,4 the                          of 1930, as amended (‘‘the Act’’)                             on NLMK’s reported shipment data and
                                                Department set aside a period of time                    provides that the estimated all-others                        Severstal’s revised shipment data and
                                                for parties to address scope issues in                   rate shall be an amount equal to the                          determined that the imports during the
                                                                                                         weighted-average of the estimated                             comparison period increased more than
                                                case briefs or other written comments
                                                                                                         weighted-average dumping margins                              15 percent over the respective imports
                                                on scope issues.
                                                                                                         established for exporters and producers                       under the same methodology as in the
                                                   For a summary of the product
                                                                                                                                                                       Preliminary Determination.
                                                coverage comments and rebuttal                           individually investigated excluding any
                                                                                                                                                                       Accordingly, we determine that critical
                                                responses submitted to the record of the                 zero or de minimis margins, and
                                                                                                                                                                       circumstances did not exist with regard
                                                cold-rolled steel investigations, and                    margins determined entirely under
                                                                                                                                                                       to NLMK’s or Sevestal’s imports of cold-
                                                accompanying discussion and analysis                     section 776 of the Act. In this case,
                                                                                                                                                                       rolled steel, but existed with regard to
                                                of all comments timely received, see the                 because the final dumping margin
                                                                                                                                                                       all others. For a complete discussion of
                                                Final Scope Decision Memorandum.5                        calculated for NLMK is de minimis, we
                                                                                                                                                                       this issue, see the ‘‘Final Determination
                                                The Final Scope Decision Memorandum                      assigned the rate calculated for Severstal
                                                                                                                                                                       of Critical Circumstances, In Part’’
                                                is incorporated by, and hereby adopted                   as the ‘‘all-others’’ rate in the final
                                                                                                                                                                       section of the Issues and Decision
                                                by, this notice.                                         determination, in accordance with
                                                                                                                                                                       Memorandum.
                                                                                                         section 735(c)(5)(A) of the Act.
                                                Analysis of Comments Received                                                                                          Continuation of Suspension of
                                                   All issues raised in the case and                     Final Determination                                           Liquidation
                                                rebuttal briefs by parties in this                          The Department determines that the                            In accordance with section
                                                investigation are addressed in the Issues                final weighted-average dumping                                735(c)(1)(B) of the Act, the Department
                                                and Decision Memorandum, which is                        margins are as follows:                                       will instruct U.S. Customs and Border
                                                incorporated by reference and hereby                                                                                   Protection (‘‘CBP’’) to continue to
                                                adopted by this notice. A list of the                                                                     Weighted-
                                                                                                                                                           average     suspend liquidation of all appropriate
                                                issues raised is attached to this notice as                           Exporter/producer                    margin      entries of cold-rolled steel from Russia
                                                Attachment I. The Issues and Decision                                                                     (percent)    as described in the ‘‘Scope of the
                                                Memorandum is a public document and                                                                                    Investigation’’ section, which are
                                                is on file electronically via Enforcement                Severstal Export GmbH and                       13.36.        entered, or withdrawn from warehouse,
                                                and Compliance’s Antidumping and                           PAO Severstal.                                              for consumption on or after March 8,
                                                Countervailing Duty Centralized                          Novex Trading (Swiss) SA and                    1.04 (de
                                                                                                                                                                       2016, the date of publication in the
                                                Electronic Service System (‘‘ACCESS’’).                    Novolipetsk Steel OJSC.                         minimis).
                                                                                                         All Others ..................................   13.36.        Federal Register of the affirmative
                                                ACCESS is available to registered users                                                                                Preliminary Determination. Because of
                                                at https://access.trade.gov and it is                                                                                  our affirmative determination of critical
                                                available to all parties in the Central                  Disclosure
                                                                                                                                                                       circumstances for ‘‘all others,’’ in
                                                Records Unit, Room B–8024 of the main                      We intend to disclose the calculations                      accordance with section 735(a)(3) and
                                                Department of Commerce building. In                      performed within five days of the                             (c)(4)(C) of the Act, suspension of
                                                addition, a complete version of the                      publication of this notice to interested                      liquidation of cold-rolled steel from
                                                Issues and Decision Memorandum can                       parties, in accordance with 19 CFR                            Russia, as described in the ‘‘Scope of the
                                                be accessed directly at http://                          351.224(b).                                                   Investigation’’ section, shall apply, for
                                                enforcement.trade.gov/frn/index.html.                                                                                  ‘‘all others,’’ to unliquidated entries of
                                                                                                         Final Affirmative Determination of
                                                The signed and electronic versions of                                                                                  merchandise entered, or withdrawn
                                                                                                         Critical Circumstances, In Part
                                                the Issues and Decision Memorandum                                                                                     from warehouse, for consumption on or
                                                are identical in content.                                   On February 29, 2016 the Department                        after the date which is 90 days before
                                                                                                         found that critical circumstances existed                     the publication of the Preliminary
                                                Changes Since the Preliminary                            for merchandise exported by Severstal
                                                Determination                                                                                                          Determination. Because we find in this
                                                                                                         and NLMK, as well as for ‘‘all others.’’ 6                    final determination that critical
                                                   Based on our analysis of the                          Based on the final sales data submitted                       circumstances do not exist for Severstal,
                                                comments received and our findings at                    by Severstal and NLMK and further                             we will terminate the retroactive
                                                verification, we made certain changes to                 analysis following the Preliminary                            suspension of liquidation ordered at the
                                                the margin calculations. For a                           Determination, we are modifying our                           Preliminary Determination and release
                                                discussion of these changes, see the                     findings for the final determination, in                      any cash deposits that were required
                                                Issues and Decision Memorandum. We                       part. For the final determination, with                       during that period, consistent with
                                                have also revised the all-others rate.                   respect to NLMK, we have determined                           section 735(c)(3) of the Act. For NLMK,
                                                                                                         that cold-rolled steel is not being, or is                    which includes Novex Trading (Swiss)
                                                  4 See Memorandum to Christian Marsh, Deputy
                                                                                                         not likely to be, sold in the United                          SA and Novolipetsk Steel OJSC, because
                                                Assistant Secretary for Antidumping and                  States at LTFV and, thus, we are issuing
                                                Countervailing Duty Operations, ‘‘Certain Cold-
                                                                                                                                                                       this entity’s estimated weighted-average
                                                Rolled Steel Products From Brazil, the People’s          a negative critical circumstances                             final dumping margin is de minimis, we
                                                Republic of China, India, Japan, the Republic of         determination. With respect to                                are directing CBP to terminate
                                                Korea, the Russian Federation, and the United            Severstal, our analysis of Severstal                          suspension of liquidation of entries of
                                                Kingdom: Scope Comments Decision Memorandum              revised reported monthly data                                 cold-rolled steel produced and exported
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                                                for the Preliminary Determinations,’’ dated
                                                February 29, 2016 (‘‘Preliminary Scope Decision          demonstrates that Severstal’s shipments                       by this entity.
                                                Memorandum’’).                                           of cold-rolled steel during the                                  Further, pursuant to 19 CFR
                                                  5 See Memorandum to Christian Marsh, Deputy            comparison period increased less than                         351.205(d), the Department will instruct
                                                Assistant Secretary for Antidumping and                  15 percent over the respective imports                        CBP to require a cash deposit equal to
                                                Countervailing Duty Operations, ‘‘Scope Comments
                                                Decision Memorandum for the Final
                                                                                                         in the base period, and thus, we are                          the weighted-average amount by which
                                                Determinations,’’ dated concurrently with this                                                                         normal value exceeds U.S. price as
                                                notice (‘‘Final Scope Decision Memorandum’’).                 6 See   Preliminary Determination.                       follows: (1) For the mandatory


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                                                49952                             Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices

                                                respondent listed above, the cash                        requested. Failure to comply with the                 products not in coils (e.g., in straight lengths)
                                                deposit rate will be equal to the                        regulations and the terms of an APO is                of a thickness less than 4.75 mm and a width
                                                dumping margin which the Department                      a violation subject to sanction.                      that is 12.7 mm or greater and that measures
                                                determined in this final determination                      This determination and this notice are             at least 10 times the thickness. The products
                                                                                                                                                               covered also include products not in coils
                                                adjusted, as appropriate, for export                     issued and published pursuant to                      (e.g., in straight lengths) of a thickness of 4.75
                                                subsidies found in the final                             sections 735(d) and 777(i)(1) of the Act.             mm or more and a width exceeding 150 mm
                                                determination of the companion                             Dated: July 20, 2016.                               and measuring at least twice the thickness.
                                                countervailing duty investigation; 7 (2) if              Paul Piquado,                                         The products described above may be
                                                the exporter is not a firm identified in                                                                       rectangular, square, circular, or other shape
                                                                                                         Assistant Secretary for Enforcement and
                                                this investigation, but the producer is,                                                                       and include products of either rectangular or
                                                                                                         Compliance.
                                                the cash deposit rate will be the rate                                                                         non-rectangular cross-section where such
                                                established for the producer of the                      Attachment I                                          cross-section is achieved subsequent to the
                                                                                                                                                               rolling process, i.e., products which have
                                                subject merchandise; and (3) the cash                    List of Topics Discussed in the Issues                been ‘‘worked after rolling’’ (e.g., products
                                                deposit rates for all other producers or                 and Decision Memorandum                               which have been beveled or rounded at the
                                                exporters will be 13.36 percent, as                                                                            edges). For purposes of the width and
                                                discussed in the ‘‘All-Others Rate’’                     I. Summary
                                                                                                                                                               thickness requirements referenced above:
                                                                                                         II. Background
                                                section above. The suspension of                                                                                  (1) Where the nominal and actual
                                                                                                         III. Scope of the Investigation
                                                liquidation instructions will remain in                  IV. Final Determination of Critical
                                                                                                                                                               measurements vary, a product is within the
                                                effect until further notice.                                                                                   scope if application of either the nominal or
                                                                                                               Circumstances, In Part
                                                                                                                                                               actual measurement would place it within
                                                International Trade Commission                           V. Changes Since the Preliminary
                                                                                                                                                               the scope based on the definitions set forth
                                                                                                               Determination
                                                Notification                                                                                                   above, and
                                                                                                         VI. List of Comments
                                                   In accordance with section 735(d) of                                                                           (2) where the width and thickness vary for
                                                                                                         VII. Discussion of the Issues
                                                                                                                                                               a specific product (e.g., the thickness of
                                                the Act, we will notify the International                   Comment 1: Application of Adverse Facts
                                                                                                                                                               certain products with non-rectangular cross-
                                                Trade Commission (‘‘ITC’’) of the final                        Available (‘‘AFA’’) for Severstal
                                                                                                                                                               section, the width of certain products with
                                                affirmative determination of sales at                       Comment 2: Classification of Severstal
                                                                                                                                                               non-rectangular shape, etc.), the
                                                                                                               Export’s Sales through SSE Miami
                                                LTFV. Because the final determination                                                                          measurement at its greatest width or
                                                                                                            Comment 3: Treatment of SSE Miami’s
                                                in this proceeding is affirmative, in                          Indirect Selling Expenses in the
                                                                                                                                                               thickness applies.
                                                accordance with section 735(b)(2) of the                                                                          Steel products included in the scope of this
                                                                                                               Determination of U.S. Price
                                                Act, the ITC will make its final                                                                               investigation are products in which: (1) Iron
                                                                                                            Comment 4: The Use of Zeroing in
                                                determination as to whether the                                                                                predominates, by weight, over each of the
                                                                                                               Severstal’s Margin Analysis
                                                                                                                                                               other contained elements; (2) the carbon
                                                domestic industry in the United States                      Comment 5: Calculation of Severstal
                                                                                                                                                               content is 2 percent or less, by weight; and
                                                is materially injured, or threatened with                      Export’s U.S. Customs Clearance Costs
                                                                                                                                                               (3) none of the elements listed below exceeds
                                                material injury, by reason of imports of                    Comment 6: Financial Expenses and
                                                                                                                                                               the quantity, by weight, respectively
                                                certain cold-rolled steel from Russia no                       Foreign Exchange Losses for Severstal
                                                                                                                                                               indicated:
                                                                                                            Comment 7: Missing Costs for Severstal
                                                later than 45 days after our final                          Comment 8: Cost for Products Sold but not          • 2.50 percent of manganese, or
                                                determination. If the ITC determines                           Produced During the POI for Severstal           • 3.30 percent of silicon, or
                                                that material injury or threat of material                  Comment 9: Major Inputs for Severstal              • 1.50 percent of copper, or
                                                injury does not exist, the proceeding                       Comment 10: Financial Expense Ratio                • 1.50 percent of aluminum, or
                                                will be terminated and all cash deposits                       Calculation for Severstal                       • 1.25 percent of chromium, or
                                                will be refunded. If the ITC determines                     Comment 11: Ministerial Errors for                 • 0.30 percent of cobalt, or
                                                                                                               Severstal                                       • 0.40 percent of lead, or
                                                that such injury does exist, the                                                                               • 2.00 percent of nickel, or
                                                Department will issue an antidumping                        Comment 12: NLMK’s Date of Sale for the
                                                                                                               U.S. Sales                                      • 0.30 percent of tungsten (also called
                                                duty order directing CBP to assess, upon                                                                          wolfram), or
                                                                                                            Comment 13: Reserve for Doubtful Debts in
                                                further instruction by the Department,                         NLMK’s Indirect Selling Expenses                • 0.80 percent of molybdenum, or
                                                antidumping duties on all imports of the                    Comment 14: NLMK’s Other Income and                • 0.10 percent of niobium (also called
                                                subject merchandise entered, or                                Expense Items                                      columbium), or
                                                withdrawn from warehouse, for                               Comment 15: Allocation of the Parent               • 0.30 percent of vanadium, or
                                                consumption on or after the effective                          Company’s Expenses to NLMK                      • 0.30 percent of zirconium
                                                date of the suspension of liquidation.                      Comment 16: NLMK’s Net Financial                      Unless specifically excluded, products are
                                                                                                               Expense Ratio                                   included in this scope regardless of levels of
                                                Notification Regarding Administrative                       Comment 17: Minor Corrections in                   boron and titanium.
                                                Protective Orders (‘‘APO’’)                                    NLMK’s Margin Calculation                          For example, specifically included in this
                                                                                                         VIII. Recommendation                                  scope are vacuum degassed, fully stabilized
                                                  This notice serves as a reminder to                                                                          (commonly referred to as interstitial-free
                                                parties subject to APO of their                          Attachment II                                         (‘‘IF’’)) steels, high strength low alloy
                                                responsibility concerning the                                                                                  (‘‘HSLA’’) steels, motor lamination steels,
                                                disposition of proprietary information                   Scope of the Investigation
                                                                                                                                                               Advanced High Strength Steels (‘‘AHSS’’),
                                                disclosed under APO in accordance                           The products covered by this investigation         and Ultra High Strength Steels (‘‘UHSS’’). IF
                                                with 19 CFR 351.305(a)(3). Timely                        are certain cold-rolled (cold-reduced), flat-         steels are recognized as low carbon steels
                                                notification of the return or destruction                rolled steel products, whether or not                 with micro-alloying levels of elements such
                                                of APO materials, or conversion to                       annealed, painted, varnished, or coated with          as titanium and/or niobium added to
                                                                                                         plastics or other non-metallic substances.            stabilize carbon and nitrogen elements.
ebenthall on DSK5MVXVN1PROD with NOTICES




                                                judicial protective order, is hereby
                                                                                                         The products covered do not include those             HSLA steels are recognized as steels with
                                                                                                         that are clad, plated, or coated with metal.          micro-alloying levels of elements such as
                                                  7 In this case, although the product under
                                                                                                         The products covered include coils that have          chromium, copper, niobium, titanium,
                                                investigation is also subject to a countervailing duty
                                                investigation, the Department found no
                                                                                                         a width or other lateral measurement                  vanadium, and molybdenum. Motor
                                                countervailing duty determined to constitute an          (‘‘width’’) of 12.7 mm or greater, regardless         lamination steels contain micro-alloying
                                                export subsidy. Therefore, we did not offset the         of form of coil (e.g., in successively                levels of elements such as silicon and
                                                cash deposit rates shown above for purposes of this      superimposed layers, spirally oscillating,            aluminum. AHSS and UHSS are considered
                                                determination.                                           etc.). The products covered also include              high tensile strength and high elongation



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                                                                                   Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices                                                        49953

                                                steels, although AHSS and UHSS are covered                 Commerce in Non-Oriented Electrical Steel                   DEPARTMENT OF COMMERCE
                                                whether or not they are high tensile strength              from the People’s Republic of China,
                                                or high elongation steels.                                 Germany, Japan, the Republic of Korea,                      International Trade Administration
                                                   Subject merchandise includes cold-rolled                Sweden, and Taiwan.12
                                                steel that has been further processed in a                   The products subject to this investigation                [A–580–881]
                                                third country, including but not limited to
                                                annealing, tempering, painting, varnishing,                are currently classified in the Harmonized
                                                                                                                                                                       Certain Cold-Rolled Steel Flat Products
                                                trimming, cutting, punching, and/or slitting,              Tariff Schedule of the United States (HTSUS)
                                                                                                                                                                       From the Republic of Korea: Final
                                                or any other processing that would not                     under item numbers: 7209.15.0000,
                                                                                                           7209.16.0030, 7209.16.0060, 7209.16.0070,
                                                                                                                                                                       Determination of Sales at Less Than
                                                otherwise remove the merchandise from the
                                                scope of the investigation if performed in the             7209.16.0091, 7209.17.0030, 7209.17.0060,
                                                                                                                                                                       Fair Value
                                                country of manufacture of the cold-rolled                  7209.17.0070, 7209.17.0091, 7209.18.1530,                   AGENCY:   Enforcement and Compliance,
                                                steel.                                                     7209.18.1560, 7209.18.2510, 7209.18.2520,
                                                   All products that meet the written physical
                                                                                                                                                                       International Trade Administration,
                                                                                                           7209.18.2580, 7209.18.6020, 7209.18.6090,                   Department of Commerce.
                                                description, and in which the chemistry
                                                                                                           7209.25.0000, 7209.26.0000, 7209.27.0000,
                                                quantities do not exceed any one of the noted                                                                          SUMMARY: The Department of Commerce
                                                element levels listed above, are within the                7209.28.0000, 7209.90.0000, 7210.70.3000,
                                                                                                                                                                       (‘‘the Department’’) determines that
                                                scope of this investigation unless specifically            7211.23.1500, 7211.23.2000, 7211.23.3000,
                                                                                                                                                                       certain cold-rolled steel flat products
                                                excluded. The following products are outside               7211.23.4500, 7211.23.6030, 7211.23.6060,
                                                                                                                                                                       (‘‘cold-rolled steel’’) from the Republic
                                                of and/or specifically excluded from the                   7211.23.6090, 7211.29.2030, 7211.29.2090,
                                                                                                           7211.29.4500, 7211.29.6030, 7211.29.6080,
                                                                                                                                                                       of Korea (Korea) are being, or are likely
                                                scope of this investigation:
                                                   • Ball bearing steels; 8                                7211.90.0000, 7212.40.1000, 7212.40.5000,
                                                                                                                                                                       to be, sold in the United States at less
                                                   • Tool steels; 9                                        7225.50.6000, 7225.50.8080, 7225.99.0090,
                                                                                                                                                                       than fair value (‘‘LTFV’’). The final
                                                   • Silico-manganese steel; 10                            7226.92.5000, 7226.92.7050, and                             estimated weighted-average dumping
                                                   • Grain-oriented electrical steels (‘‘GOES’’)           7226.92.8050. The products subject to the                   margins are listed below in the ‘‘Final
                                                as defined in the final determination of the                                                                           Determination’’ section of this notice.
                                                                                                           investigation may also enter under the
                                                U.S. Department of Commerce in Grain-                                                                                  The period of investigation (‘‘POI’’) is
                                                Oriented Electrical Steel from Germany,                    following HTSUS numbers: 7210.90.9000,
                                                                                                           7212.50.0000, 7215.10.0010, 7215.10.0080,                   July 1, 2014, through June 30, 2015.
                                                Japan, and Poland.11
                                                   • Non-Oriented Electrical Steels                        7215.50.0016, 7215.50.0018, 7215.50.0020,                   DATES: Effective July 29, 2016.
                                                (‘‘NOES’’), as defined in the antidumping                  7215.50.0061, 7215.50.0063, 7215.50.0065,                   FOR FURTHER INFORMATION CONTACT:
                                                orders issued by the U.S. Department of                    7215.50.0090, 7215.90.5000, 7217.10.1000,                   Victoria Cho or Robert James, AD/CVD
                                                                                                           7217.10.2000, 7217.10.3000, 7217.10.7000,                   Operations, Office VI, Enforcement and
                                                   8 Ball bearing steels are defined as steels which       7217.90.1000, 7217.90.5030, 7217.90.5060,                   Compliance, International Trade
                                                contain, in addition to iron, each of the following        7217.90.5090, 7225.19.0000, 7226.19.1000,
                                                elements by weight in the amount specified: (i) Not
                                                                                                                                                                       Administration, U.S. Department of
                                                                                                           7226.19.9000, 7226.99.0180, 7228.50.5015,                   Commerce, 14th Street and Constitution
                                                less than 0.95 nor more than 1.13 percent of carbon;
                                                (ii) not less than 0.22 nor more than 0.48 percent         7228.50.5040, 7228.50.5070, 7228.60.8000,                   Avenue NW., Washington, DC 20230;
                                                of manganese; (iii) none, or not more than 0.03            and 7229.90.1000.                                           telephone: (202) 482–5075 or (202) 482–
                                                percent of sulfur; (iv) none, or not more than 0.03          The HTSUS subheadings above are
                                                percent of phosphorus; (v) not less than 0.18 nor
                                                                                                                                                                       0649, respectively.
                                                                                                           provided for convenience and U.S. Customs
                                                more than 0.37 percent of silicon; (vi) not less than                                                                  SUPPLEMENTARY INFORMATION:
                                                1.25 nor more than 1.65 percent of chromium; (vii)         purposes only. The written description of the
                                                none, or not more than 0.28 percent of nickel; (viii)      scope of the investigation is dispositive.                  Background
                                                none, or not more than 0.38 percent of copper; and         [FR Doc. 2016–17938 Filed 7–28–16; 8:45 am]
                                                (ix) none, or not more than 0.09 percent of                                                                              The Department published the
                                                molybdenum.                                                BILLING CODE 3510–DS–P                                      preliminary determination on March 7,
                                                   9 Tool steels are defined as steels which contain                                                                   2016.1 A summary of the events that
                                                the following combinations of elements in the                                                                          occurred since the Department
                                                quantity by weight respectively indicated: (i) More
                                                than 1.2 percent carbon and more than 10.5 percent
                                                                                                                                                                       published the Preliminary
                                                chromium; or (ii) not less than 0.3 percent carbon                                                                     Determination, as well as a full
                                                and 1.25 percent or more but less than 10.5 percent
                                                                                                              12 Non-Oriented Electrical Steel From the People’s
                                                                                                                                                                       discussion of the issues raised by parties
                                                chromium; or (iii) not less than 0.85 percent carbon                                                                   for this final determination, may be
                                                and 1 percent to 1.8 percent, inclusive, manganese;        Republic of China, Germany, Japan, the Republic of
                                                or (iv) 0.9 percent to 1.2 percent, inclusive,             Korea, Sweden, and Taiwan: Antidumping Duty
                                                                                                                                                                       found in the Final Issues and Decision
                                                chromium and 0.9 percent to 1.4 percent, inclusive,        Orders, 79 FR 71,741, 71,741–42 (Dep’t of                   Memorandum.2
                                                molybdenum; or (v) not less than 0.5 percent carbon        Commerce, Dec. 3, 2014) (‘‘Non-Oriented Electrical            Also, as explained in the
                                                and not less than 3.5 percent molybdenum; or (vi)          Steel from the People’s Republic of China,                  memorandum from the Acting Assistant
                                                not less than 0.5 percent carbon and not less than
                                                5.5 percent tungsten.
                                                                                                           Germany, Japan, the Republic of Korea, Sweden,              Secretary for Enforcement and
                                                                                                           and Taiwan’’). The orders define NOES as ‘‘cold-            Compliance, the Department exercised
                                                   10 Silico-manganese steel is defined as steels
                                                                                                           rolled, flat-rolled, alloy steel products, whether or
                                                containing by weight: (i) Not more than 0.7 percent
                                                                                                           not in coils, regardless of width, having an actual
                                                of carbon; (ii) 0.5 percent or more but not more than                                                                    1 See Certain Cold-Rolled Steel Flat Products

                                                1.9 percent of manganese, and (iii) 0.6 percent or         thickness of 0.20 mm or more, in which the core             From the Republic of Korea: Affirmative
                                                more but not more than 2.3 percent of silicon.             loss is substantially equal in any direction of             Preliminary Determination of Sales at Less Than
                                                   11 Grain-Oriented Electrical Steel from Germany,        magnetization in the plane of the material. The term        Fair Value and Postponement of Final
                                                Japan, and Poland: Final Determinations of Sales at        ‘substantially equal’ means that the cross grain            Determination, 81 FR 11757 (March 7, 2016)
                                                Less Than Fair Value and Certain Final Affirmative         direction of core loss is no more than 1.5 times the        (Preliminary Determination) and accompanying
                                                Determination of Critical Circumstances, 79 FR             straight grain direction (i.e., the rolling direction) of   Preliminary Decision Memorandum.
                                                42,501, 42,503 (Dep’t of Commerce, July 22, 2014)          core loss. NOES has a magnetic permeability that              2 See Memorandum from Christian Marsh, Deputy

                                                (‘‘Grain-Oriented Electrical Steel from Germany,           does not exceed 1.65 Tesla when tested at a field           Assistant Secretary for Antidumping and
ebenthall on DSK5MVXVN1PROD with NOTICES




                                                Japan, and Poland’’). This determination defines           of 800 A/m (equivalent to 10 Oersteds) along (i.e.,         Countervailing Duty Operations, to Paul Piquado,
                                                grain-oriented electrical steel as ‘‘a flat-rolled alloy   parallel to) the rolling direction of the sheet (i.e.,      Assistant Secretary for Enforcement and
                                                steel product containing by weight at least 0.6                                                                        Compliance, ‘‘Issues and Decision Memorandum for
                                                                                                           B800 value). NOES contains by weight more than
                                                percent but not more than 6 percent of silicon, not                                                                    the Final Affirmative Determination in the
                                                more than 0.08 percent of carbon, not more than 1.0        1.00 percent of silicon but less than 3.5 percent of        Antidumping Duty Investigation of Certain Cold-
                                                percent of aluminum, and no other element in an            silicon, not more than 0.08 percent of carbon, and          Rolled Steel Products from the Republic of Korea,’’
                                                amount that would give the steel the characteristics       not more than 1.5 percent of aluminum. NOES has             (Final Issues and Decision Memorandum), dated
                                                of another alloy steel, in coils or in straight            a surface oxide coating, to which an insulation             concurrently with this determination and hereby
                                                lengths.’’                                                 coating may be applied.’’                                   adopted by this notice.



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Document Created: 2018-02-08 07:51:26
Document Modified: 2018-02-08 07:51:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective July 29, 2016.
ContactLaurel LaCivita, Eve Wang or Alex Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4243, (202) 482-6231 or (202) 482-7814, respectively.
FR Citation81 FR 49950 

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