81 FR 49953 - Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 146 (July 29, 2016)
International Trade Administration
Federal Register Volume 81, Issue 146 (July 29, 2016)
| Page Range | 49953-49956 | |
| FR Document | 2016-17941 |
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)] [Notices] [Pages 49953-49956] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17941] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-881] Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``the Department'') determines that certain cold-rolled steel flat products (``cold-rolled steel'') from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (``LTFV''). The final estimated weighted-average dumping margins are listed below in the ``Final Determination'' section of this notice. The period of investigation (``POI'') is July 1, 2014, through June 30, 2015. DATES: Effective July 29, 2016. FOR FURTHER INFORMATION CONTACT: Victoria Cho or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 5075 or (202) 482-0649, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the preliminary determination on March 7, 2016.\1\ A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Final Issues and Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ See Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 11757 (March 7, 2016) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Antidumping Duty Investigation of Certain Cold- Rolled Steel Products from the Republic of Korea,'' (Final Issues and Decision Memorandum), dated concurrently with this determination and hereby adopted by this notice. --------------------------------------------------------------------------- Also, as explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department exercised [[Page 49954]] its authority to toll all administrative deadlines due to the recent closure of the Federal Government.\3\ As a consequence, all deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final determination is now July 20, 2016. --------------------------------------------------------------------------- \3\ See Memorandum to the File from Ron Lorentzen, Acting A/S for Enforcement & Compliance, ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016. --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is cold-rolled steel from the Republic of Korea. For a complete description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix II of this notice. Scope Comments In accordance with the Preliminary Scope Determination,\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. --------------------------------------------------------------------------- \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''). --------------------------------------------------------------------------- For a summary of the product coverage comments and rebuttal responses submitted to the records of the cold-rolled steel investigations, and accompanying discussion and analysis of all comments timely received, see the Final Scope Decision Memorandum.\5\ The Final Scope Decision Memorandum is incorporated by, and hereby adopted by, this notice. --------------------------------------------------------------------------- \5\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Final Scope Comments Decision Memorandum,'' dated May 16, 2016 (Final Scope Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Final Issues and Decision Memorandum, which is hereby adopted by this notice.\6\ A list of the issues raised is attached to this notice as Appendix I. The Final 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 Final Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Final Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \6\ See Final Issues and Decision Memorandum. --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, in January, March, and April 2016, the Department verified the sales and cost data reported by the mandatory respondents Hyundai Steel Company and POSCO,\7\ pursuant to section 782(i) of the Act. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by respondents. --------------------------------------------------------------------------- \7\ We are continuing to collapse the mandatory respondent Daewoo International Corporation (DWI) and POSCO, and henceforward refer to the collapsed entity as ``POSCO''. See Preliminary Determination, 81 FR at 11758. --------------------------------------------------------------------------- Use of Adverse Facts Available In making this final determination, the Department relied, in part, on facts available and, because Hyundai Steel Company did not act to the best of its ability in responding to the Department's requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.\8\ For further information, see the accompanying Final Issues and Decision Memorandum. --------------------------------------------------------------------------- \8\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- Changes to the Margin Calculations Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for Hyundai Steel Company and POSCO. For a discussion of these changes, see the Final Issues and Decision Memorandum. We have also revised the all- others rate. All-Others Rate Consistent with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act, the Department also calculated an estimated all-others rate. Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Where the rates for investigated companies are zero or de minimis, or based entirely on facts otherwise available, section 735(c)(5)(B) of the Act instructs the Department to establish an ``all others'' rate using ``any reasonable method.'' In this investigation, we calculated weighted-average dumping margins for Hyundai Steel Company and POSCO, that are above de minimis and which are not based entirely on total facts available. We calculated the all-others rate using a simple average of the dumping margins calculated for the mandatory respondents.\9\ --------------------------------------------------------------------------- \9\ With two respondents, we would normally calculate (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration. We would compare (B) and (C) to (A) and select the rate closest to (A) as the most appropriate rate for all other companies. See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). As complete publicly ranged sales data was unavailable, we based the all-others rate on a simple average of the two calculated margins. --------------------------------------------------------------------------- Final Determination Margins The Department determines that the following estimated weighted- average dumping margins exist: ------------------------------------------------------------------------ Weighted-average Exporter/manufacturer dumping margins Cash deposit rate (percent) (percent) ------------------------------------------------------------------------ Hyundai Steel Company........... 34.33 34.33 POSCO and Daewoo International 6.32 0.00 Corporation.................... All Others...................... 20.33 20.33 ------------------------------------------------------------------------ [[Page 49955]] Disclosure We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of the date of public announcement of our final determination, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of cold-rolled steel from Korea, which were entered, or withdrawn from warehouse, for consumption on or after March 7, 2016 (the date of publication of the affirmative Preliminary Determination). Where the product under investigation is also subject to a concurrent countervailing duty investigation, we instruct CBP to require a cash deposit less the amount of the countervailing duty determined to constitute any export subsidies. Because of the affirmative final determination in the countervailing duty investigation, suspension of liquidation will be ordered in that investigation, and so long as suspension of liquidation continues under this antidumping duty investigation, the cash deposit rates for this antidumping duty investigation will be the rates identified in the cash deposit rate column in the rate chart, above. In the event that a countervailing duty order is issued and suspension of liquidation continues in the companion countervailing duty investigation on cold- rolled steel from the Korea, the Department will continue to instruct CBP to require cash deposits adjusted by the amount of export subsidies, as appropriate. These adjustments are reflected in the final column of the rate chart, above. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the 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 cold-rolled steel from Korea 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 (``APOs'') 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 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. Appendix I List of Topics Discussed in the Final Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Changes Since the Preliminary Determination VI. Discussion of the Issues General Comments 1. Differential Pricing Company-Specific Comments POSCO 2. International Freight and Domestic Brokerage and Handling Expenses 3. Loading and Foreign Inland Freight Expenses 4. Quality Product Characteristic 5. Yield Loss 6. General and Administrative Expenses 7. Home Market Gross Unit Price Field 8. Inclusion of Warehousing Expense in Freight Revenue Cap Calculations 9. CEP Offset 10. Affiliated Party Purchases Cost Adjustment Hyundai Steel 11. Whether or not to apply total adverse facts available to Hyundai Steel 12. Control Numbers and Prime/Non-Prime Designation 13. U.S. Sales and Further Manufacturing Costs 14. Repacking Cost for Further Manufactured Merchandise 15. Reporting of Inland Freight, Warehousing Services, International Freight, and Other Services Provided by an Affiliated Company 16. 2013 Financial Statements 17. Certain Home Market Customers 18. CEP Offset 19. Other Issues 20. Other Cost Issues VII. Recommendation Appendix II Scope of the Investigation The products covered by this investigation are certain cold- rolled (cold-reduced), flat-rolled steel products, whether or not annealed, painted, varnished, or coated with plastics or other non- metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (``width'') of 12.7 mm or greater, regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products covered also include products not in coils (e.g., in straight lengths) of a thickness of 4.75 mm or more and a width exceeding 150 mm and measuring at least twice the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non- rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above, and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross- section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated:2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.00 percent of nickel, or [[Page 49956]] 0.30 percent of tungsten (also called wolfram), or 0.80 percent of molybdenum, or 0.10 percent of niobium (also called columbium), or 0.30 percent of vanadium, or 0.30 percent of zirconium Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial- free (IF)) steels, high strength low alloy (HSLA) steels, motor lamination steels, Advanced High Strength Steels (AHSS), and Ultra High Strength Steels (UHSS). IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/ or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Motor lamination steels contain micro-alloying levels of elements such as silicon and aluminum. AHSS and UHSS are considered high tensile strength and high elongation steels, although AHSS and UHSS are covered whether or not they are high tensile strength or high elongation steels. Subject merchandise includes cold-rolled steel that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the cold-rolled steel. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this investigation unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of this investigation: Ball bearing steels; \10\ --------------------------------------------------------------------------- \10\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- Tool steels; \11\ --------------------------------------------------------------------------- \11\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steel; \12\ --------------------------------------------------------------------------- \12\ Silico-manganese steel is defined as steels containing by weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or more but not more than 1.9 percent of manganese, and (iii) 0.6 percent or more but not more than 2.3 percent of silicon. --------------------------------------------------------------------------- Grain-oriented electrical steels (GOES) as defined in the final determination of the U.S. Department of Commerce in Grain- Oriented Electrical Steel From Germany, Japan, and Poland.\13\ --------------------------------------------------------------------------- \13\ Grain-Oriented Electrical Steel From Germany, Japan, and Poland: Final Determinations of Sales at Less Than Fair Value and Certain Final Affirmative Determination of Critical Circumstances, 79 FR 42501, 42503 (Dep't of Commerce, July 22, 2014). This determination defines grain-oriented electrical steel as ``a flat- rolled alloy steel product containing by weight at least 0.6 percent but not more than 6 percent of silicon, not more than 0.08 percent of carbon, not more than 1.0 percent of aluminum, and no other element in an amount that would give the steel the characteristics of another alloy steel, in coils or in straight lengths.'' --------------------------------------------------------------------------- Non-Oriented Electrical Steels (NOES), as defined in the antidumping orders issued by the U.S. Department of Commerce in Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\14\ --------------------------------------------------------------------------- \14\ Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan: Antidumping Duty Orders, 79 FR 71741, 71741-42 (Dep't of Commerce, Dec. 3, 2014). The orders define NOES as ``cold-rolled, flat-rolled, alloy steel products, whether or not in coils, regardless of width, having an actual thickness of 0.20 mm or more, in which the core loss is substantially equal in any direction of magnetization in the plane of the material. The term `substantially equal' means that the cross grain direction of core loss is no more than 1.5 times the straight grain direction (i.e., the rolling direction) of core loss. NOES has a magnetic permeability that does not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e., parallel to) the rolling direction of the sheet (i.e., B800 value). NOES contains by weight more than 1.00 percent of silicon but less than 3.5 percent of silicon, not more than 0.08 percent of carbon, and not more than 1.5 percent of aluminum. NOES has a surface oxide coating, to which an insulation coating may be applied.'' --------------------------------------------------------------------------- The products subject to this investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The products subject to the investigation may also enter under the following HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings above are provided for convenience and U.S. Customs purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2016-17941 Filed 7-28-16; 8:45 am] BILLING CODE 3510-DS-P
![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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![49956 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices
• 0.30 percent of tungsten (also called • Silico-manganese steel; 12 7215.50.0090, 7215.90.5000, 7217.10.1000,
wolfram), or • Grain-oriented electrical steels (GOES) as 7217.10.2000, 7217.10.3000, 7217.10.7000,
• 0.80 percent of molybdenum, or defined in the final determination of the U.S. 7217.90.1000, 7217.90.5030, 7217.90.5060,
• 0.10 percent of niobium (also called Department of Commerce in Grain-Oriented 7217.90.5090, 7225.19.0000, 7226.19.1000,
columbium), or Electrical Steel From Germany, Japan, and 7226.19.9000, 7226.99.0180, 7228.50.5015,
• 0.30 percent of vanadium, or Poland.13 7228.50.5040, 7228.50.5070, 7228.60.8000,
• 0.30 percent of zirconium • Non-Oriented Electrical Steels (NOES), and 7229.90.1000.
Unless specifically excluded, products are as defined in the antidumping orders issued The HTSUS subheadings above are
included in this scope regardless of levels of by the U.S. Department of Commerce in Non- provided for convenience and U.S. Customs
boron and titanium. Oriented Electrical Steel From the People’s purposes only. The written description of the
Republic of China, Germany, Japan, the scope of the investigation is dispositive.
For example, specifically included in this
Republic of Korea, Sweden, and Taiwan.14
scope are vacuum degassed, fully stabilized [FR Doc. 2016–17941 Filed 7–28–16; 8:45 am]
The products subject to this investigation
(commonly referred to as interstitial-free (IF))
are currently classified in the Harmonized BILLING CODE 3510–DS–P
steels, high strength low alloy (HSLA) steels,
Tariff Schedule of the United States (HTSUS)
motor lamination steels, Advanced High under item numbers: 7209.15.0000,
Strength Steels (AHSS), and Ultra High 7209.16.0030, 7209.16.0060, 7209.16.0070, DEPARTMENT OF COMMERCE
Strength Steels (UHSS). IF steels are 7209.16.0091, 7209.17.0030, 7209.17.0060,
recognized as low carbon steels with micro- 7209.17.0070, 7209.17.0091, 7209.18.1530, National Oceanic and Atmospheric
alloying levels of elements such as titanium 7209.18.1560, 7209.18.2510, 7209.18.2520,
and/or niobium added to stabilize carbon and Administration
7209.18.2580, 7209.18.6020, 7209.18.6090,
nitrogen elements. HSLA steels are 7209.25.0000, 7209.26.0000, 7209.27.0000, RIN 0648–XA444
recognized as steels with micro-alloying 7209.28.0000, 7209.90.0000, 7210.70.3000,
levels of elements such as chromium, copper, 7211.23.1500, 7211.23.2000, 7211.23.3000, Marine Mammals; File No. 14245
niobium, titanium, vanadium, and 7211.23.4500, 7211.23.6030, 7211.23.6060,
molybdenum. Motor lamination steels 7211.23.6090, 7211.29.2030, 7211.29.2090, AGENCY: National Marine Fisheries
contain micro-alloying levels of elements 7211.29.4500, 7211.29.6030, 7211.29.6080, Service (NMFS), National Oceanic and
such as silicon and aluminum. AHSS and 7211.90.0000, 7212.40.1000, 7212.40.5000, Atmospheric Administration (NOAA),
UHSS are considered high tensile strength 7225.50.6000, 7225.50.8080, 7225.99.0090, Commerce.
and high elongation steels, although AHSS 7226.92.5000, 7226.92.7050, and
and UHSS are covered whether or not they ACTION: Notice; issuance of permit
7226.92.8050. The products subject to the
are high tensile strength or high elongation investigation may also enter under the amendment.
steels. following HTSUS numbers: 7210.90.9000,
Subject merchandise includes cold-rolled 7212.50.0000, 7215.10.0010, 7215.10.0080, SUMMARY: Notice is hereby given that
steel that has been further processed in a 7215.50.0016, 7215.50.0018, 7215.50.0020, the NMFS National Marine Mammal
third country, including but not limited to 7215.50.0061, 7215.50.0063, 7215.50.0065, Laboratory, Alaska Fisheries Science
annealing, tempering, painting, varnishing, Center, 7600 Sand Point Way NE.,
trimming, cutting, punching, and/or slitting, and not less than 3.5 percent molybdenum; or (vi) Seattle, WA 98115–6349, (Dr. John
or any other processing that would not not less than 0.5 percent carbon and not less than Bengtson, Responsible Party), has been
otherwise remove the merchandise from the 5.5 percent tungsten.
12 Silico-manganese steel is defined as steels
issued a minor amendment to Scientific
scope of the investigation if performed in the Research Permit No. 14245–03.
country of manufacture of the cold-rolled containing by weight: (i) Not more than 0.7 percent
steel. of carbon; (ii) 0.5 percent or more but not more than ADDRESSES: The amendment and related
1.9 percent of manganese, and (iii) 0.6 percent or documents are available for review
All products that meet the written physical more but not more than 2.3 percent of silicon.
description, and in which the chemistry 13 Grain-Oriented Electrical Steel From Germany, upon written request or by appointment
quantities do not exceed any one of the noted Japan, and Poland: Final Determinations of Sales at in the Permits and Conservation
element levels listed above, are within the Less Than Fair Value and Certain Final Affirmative Division, Office of Protected Resources,
scope of this investigation unless specifically Determination of Critical Circumstances, 79 FR NMFS, 1315 East-West Highway, Room
excluded. The following products are outside 42501, 42503 (Dep’t of Commerce, July 22, 2014).
This determination defines grain-oriented electrical 13705, Silver Spring, MD 20910; phone
of and/or specifically excluded from the
scope of this investigation: steel as ‘‘a flat-rolled alloy steel product containing (301) 427–8401; fax (301) 713–0376.
by weight at least 0.6 percent but not more than 6
• Ball bearing steels; 10 percent of silicon, not more than 0.08 percent of
FOR FURTHER INFORMATION CONTACT:
• Tool steels; 11 carbon, not more than 1.0 percent of aluminum, and Amy Hapeman or Carrie Hubard, (301)
no other element in an amount that would give the 427–8401.
10 Ball bearing steels are defined as steels which steel the characteristics of another alloy steel, in SUPPLEMENTARY INFORMATION: The
contain, in addition to iron, each of the following coils or in straight lengths.’’
elements by weight in the amount specified: (i) Not 14 Non-Oriented Electrical Steel From the People’s requested amendment has been granted
less than 0.95 nor more than 1.13 percent of carbon; Republic of China, Germany, Japan, the Republic of under the authority of the Marine
(ii) not less than 0.22 nor more than 0.48 percent Korea, Sweden, and Taiwan: Antidumping Duty Mammal Protection Act of 1972, as
of manganese; (iii) none, or not more than 0.03 Orders, 79 FR 71741, 71741–42 (Dep’t of amended (16 U.S.C. 1361 et seq.); the
percent of sulfur; (iv) none, or not more than 0.03 Commerce, Dec. 3, 2014). The orders define NOES
percent of phosphorus; (v) not less than 0.18 nor as ‘‘cold-rolled, flat-rolled, alloy steel products,
regulations governing the taking and
more than 0.37 percent of silicon; (vi) not less than whether or not in coils, regardless of width, having importing of marine mammals (50 CFR
1.25 nor more than 1.65 percent of chromium; (vii) an actual thickness of 0.20 mm or more, in which part 216); the Endangered Species Act of
none, or not more than 0.28 percent of nickel; (viii) the core loss is substantially equal in any direction 1973, as amended (ESA; 16 U.S.C. 1531
none, or not more than 0.38 percent of copper; and of magnetization in the plane of the material. The
(ix) none, or not more than 0.09 percent of term ‘substantially equal’ means that the cross grain
et seq.), and the regulations governing
molybdenum. direction of core loss is no more than 1.5 times the the taking, importing, and exporting of
11 Tool steels are defined as steels which contain straight grain direction (i.e., the rolling direction) of endangered and threatened species (50
the following combinations of elements in the core loss. NOES has a magnetic permeability that CFR parts 222–226).
ebenthall on DSK5MVXVN1PROD with NOTICES
quantity by weight respectively indicated: (i) More does not exceed 1.65 Tesla when tested at a field
than 1.2 percent carbon and more than 10.5 percent of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
The original permit (No. 14245),
chromium; or (ii) not less than 0.3 percent carbon parallel to) the rolling direction of the sheet (i.e., issued on April 25, 2011 (76 FR 30309)
and 1.25 percent or more but less than 10.5 percent B800 value). NOES contains by weight more than authorized the holder to conduct
chromium; or (iii) not less than 0.85 percent carbon 1.00 percent of silicon but less than 3.5 percent of research in the Pacific, Atlantic, and
and 1 percent to 1.8 percent, inclusive, manganese; silicon, not more than 0.08 percent of carbon, and
or (iv) 0.9 percent to 1.2 percent, inclusive, not more than 1.5 percent of aluminum. NOES has
Arctic Oceans on 33 species of
chromium and 0.9 percent to 1.4 percent, inclusive, a surface oxide coating, to which an insulation cetaceans, including vessel and aerial
molybdenum; or (v) not less than 0.5 percent carbon coating may be applied.’’ surveys for remote observation and
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Document Created: 2018-02-08 07:51:16
Document Modified: 2018-02-08 07:51:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective July 29, 2016. | |
| Contact | Victoria Cho or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 5075 or (202) 482-0649, respectively. | |
| FR Citation | 81 FR 49953 |
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