81_FR_53562 81 FR 53406 - Certain Hot-Rolled Steel Flat Products From Australia: Final Determination of Sales at Less Than Fair Value

81 FR 53406 - Certain Hot-Rolled Steel Flat Products From Australia: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range53406-53408
FR Document2016-19375

The Department of Commerce determines that certain hot-rolled steel flat products from Australia are being, or are likely to be, sold in the United States at less than fair value. The period of investigation is July 1, 2014, through June 30, 2015. The final estimated weighted-average dumping margins are listed below in the ``Final Determination'' section of this notice.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53406-53408]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19375]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-809]


Certain Hot-Rolled Steel Flat Products From Australia: Final 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce determines that certain hot-rolled 
steel flat products from Australia are being, or are likely to be, sold 
in the United States at less than fair value. The period of 
investigation is July 1, 2014, through June 30, 2015. The final 
estimated weighted-average dumping margins are listed below in the 
``Final Determination'' section of this notice.

DATES: Effective August 12, 2016.

FOR FURTHER INFORMATION CONTACT: Frances Veith, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4295.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Commerce (the ``Department'') published the 
preliminary determination on March 22, 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\
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    \1\ See Certain Hot-Rolled Steel Flat Products from Australia: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 81 FR 15241 (March 22, 2016) 
(``Preliminary Determination'') and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for the Final 
Affirmative Determination in the Antidumping Duty Investigation of 
Certain Hot-Rolled Steel Flat Products from Australia,'' (``Issues 
and Decision Memorandum''), dated concurrently with this 
determination and hereby adopted by this notice.
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Scope of the Investigation

    The products covered by this investigation are certain hot-rolled 
steel flat products (``hot-rolled steel'') from Australia. For a full 
description of the scope of this investigation, see the ``Scope of the 
Investigation,'' in Appendix II of this notice.

[[Page 53407]]

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 hereby adopted by this notice.\3\ A list of the issues raised 
is attached to this notice as Appendix 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/. The signed and electronic versions of the 
Final Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ See Issues and Decision Memorandum.
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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(``the Act''), in April and May 2016, the Department verified the sales 
and cost data reported by the mandatory respondents BlueScope Steel 
Ltd. (``BlueScope''). We used standard verification procedures, 
including an examination of relevant accounting and production records, 
and original source documents provided by BlueScope.

Changes to the Margin Calculations Since the Preliminary Determination

    Based on our analysis of comments received and our findings at 
verification, we made certain changes to the margin calculations for 
BlueScope. For a discussion of these changes, see the Issues and 
Decision Memorandum. We have also revised the all-others rate.

Single Entity Treatment

    For the reasons set forth in the Preliminary Decision Memorandum 
and in accordance with 19 CFR 351.401(f) and the Department's practice, 
we are continuing to treat BlueScope Steel Ltd., BlueScope Steel (AIS) 
Pty Ltd., and BlueScope Steel Distribution Pty Ltd. as a single entity, 
BlueScope, for the purposes of this final determination.\4\
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    \4\ See ``Affiliation And Collapsing'' section of the 
Preliminary Decision Memorandum.
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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.
    BlueScope is the only respondent for which the Department 
calculated a company-specific rate. Therefore, for purposes of 
determining the ``all others'' rate and pursuant to section 
735(d)(5)(A) of the Act, we are using the dumping margin calculated for 
BlueScope, as referenced in the ``Final Determination'' section below.

Final Determination

    The Department determines that the following weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                 average
                      Exporter/producer                         dumping
                                                                 margin
                                                               (percent)
------------------------------------------------------------------------
BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and          29.37
 BlueScope Steel Distribution Pty Ltd........................
All Others...................................................      29.37
------------------------------------------------------------------------

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

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all entries of hot-rolled steel from Australia, 
as described in the Scope of the Investigation in Appendix II, entered, 
or withdrawn from warehouse, for consumption on or after March 22, 
2016, the date of publication in the Federal Register of the 
affirmative Preliminary Determination.

International Trade Commission (``ITC'') Notification

    In accordance with section 735(d) of the Act, we are notifying the 
ITC of our affirmative final determination of sales at less than fair 
value (``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 hot-rolled steel from Australia 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 is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: August 4, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Final Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Changes Since the Preliminary Determination
VI. Discussion of the Methodology
VII. Discussion of the Issues
    Comment 1: U.S. Sales of Nonprime (Secondary) Merchandise
    Comment 2: U.S.--Freight Cap
    Comment 3: U.S.--Cost of Production Interest Expense Ratio

[[Page 53408]]

    Comment 4: U.S.--Credit Expense for U.S. Sales in Channels 1 and 
2
    Comment 5: Home Market--Sales Adjustments
    Comment 6: Home Market--Interest Expense Ratio
    Comment 7: Home Market--Adverse Facts Available to Sales Data 
for BSD
    Comment 8: Home Market--Early Payment Discounts
VIII. Negative Finding of Critical Circumstances
IX. Recommendation

Appendix II

Scope of the Investigation

    The products covered by this investigation are certain hot-
rolled, flat-rolled steel products, with or without patterns in 
relief, and 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 
thickness, and 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 of 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 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 achieve 
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 unless the resulting measurement makes the product 
covered by the existing antidumping \5\ or countervailing duty \6\ 
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products 
From the Republic of Korea (A-580-836; C-580-837), and
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    \5\ Notice of Amendment of Final Determinations of Sales at Less 
Than Fair Value and Antidumping Duty Orders: Certain Cut-To-Length 
Carbon-Quality Steel Plate Products From France, India, Indonesia, 
Italy, Japan and the Republic of Korea, 65 FR 6585 (February 10, 
2000).
    \6\ Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate From India and the Republic of 
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate From France, India, Indonesia, 
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000).
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    (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, or
     0.80 percent of molybdenum, or
     0.10 percent of niobium, 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, the 
substrate for 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. The substrate for motor 
lamination steels contains 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 hot-rolled steel that has been 
further processed in a third country, including but not limited to 
pickling, oiling, levelling, annealing, tempering, temper rolling, 
skin passing, 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 hot-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:
     Universal mill plates (i.e., hot-rolled, flat-rolled 
products not in coils that have been rolled on four faces or in a 
closed box pass, of a width exceeding 150 mm but not exceeding 1250 
mm, of a thickness not less than 4.0 mm, and without patterns in 
relief);
     Products that have been cold-rolled (cold-reduced) 
after hot-rolling; \7\
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    \7\ For purposes of this scope exclusion, rolling operations 
such as a skin pass, levelling, temper rolling or other minor 
rolling operations after the hot-rolling process for purposes of 
surface finish, flatness, shape control, or gauge control do not 
constitute cold-rolling sufficient to meet this exclusion.
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     Ball bearing steels; \8\
---------------------------------------------------------------------------

    \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\ and
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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 steels; \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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    The products subject to this investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7208.10.1500, 7208.10.3000, 
7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030, 
7208.26.0060, 7208.27.0030, 7208.27.0060, 7208.36.0030, 
7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015, 
7208.38.0030, 7208.38.0090, 7208.39.0015, 7208.39.0030, 
7208.39.0090, 7208.40.6030, 7208.40.6060, 7208.53.0000, 
7208.54.0000, 7208.90.0000, 7210.70.3000, 7211.14.0030, 
7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000, 
7211.19.4500, 7211.19.6000, 7211.19.7530, 7211.19.7560, 
7211.19.7590, 7225.11.0000, 7225.19.0000, 7225.30.3050, 
7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000, 
7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000, 
7226.91.5000, 7226.91.7000, and 7226.91.8000. The products subject 
to the investigation may also enter under the following HTSUS 
numbers: 7210.90.9000, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
7212.50.0000, 7214.91.0015, 7214.91.0060, 7214.91.0090, 
7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.5000, 
7226.99.0180, and 7228.60.6000.
    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. 2016-19375 Filed 8-11-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  53406                         Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                  will be the rate established for the most               final results of this administrative                  DEPARTMENT OF COMMERCE
                                                  recently completed segment of this                      review, including the results of our
                                                  proceeding for the producer of the                      analysis of the issues raised by the                  International Trade Administration
                                                  subject merchandise; and (4) the cash                   parties in their case briefs, within 120              [A–602–809]
                                                  deposit rate for all other producers or                 days after issuance of these preliminary
                                                  exporters will continue to be 15.45                     results.                                              Certain Hot-Rolled Steel Flat Products
                                                  percent, the all-others rate established                                                                      From Australia: Final Determination of
                                                  in the antidumping investigation as                     Notification to Importers                             Sales at Less Than Fair Value
                                                  modified by the section 129
                                                                                                            This notice serves as a preliminary                 AGENCY:   Enforcement and Compliance,
                                                  determination.7 These cash deposit
                                                                                                          reminder to importers of their                        International Trade Administration,
                                                  requirements, when imposed, shall
                                                  remain in effect until further notice.                  responsibility under 19 CFR                           Department of Commerce.
                                                                                                          351.402(f)(2) to file a certificate                   SUMMARY: The Department of Commerce
                                                  Disclosure and Public Comment                           regarding the reimbursement of                        determines that certain hot-rolled steel
                                                     The Department will disclose to                      antidumping duties prior to liquidation               flat products from Australia are being,
                                                  parties to this proceeding the                          of the relevant entries during this                   or are likely to be, sold in the United
                                                  calculations performed in reaching the                  review period. Failure to comply with                 States at less than fair value. The period
                                                  preliminary results within five days of                 this requirement could result in the                  of investigation is July 1, 2014, through
                                                  the date of publication of these                        Secretary’s presumption that                          June 30, 2015. The final estimated
                                                  preliminary results.8 Pursuant to 19 CFR                reimbursement of antidumping duties                   weighted-average dumping margins are
                                                  351.309(c), interested parties may                      occurred and increase the subsequent                  listed below in the ‘‘Final
                                                  submit cases briefs not later than 30                   assessment of the antidumping duties                  Determination’’ section of this notice.
                                                  days after the date of publication of this              by the amount of antidumping duties                   DATES: Effective August 12, 2016.
                                                  notice. Rebuttal briefs, limited to issues              reimbursed.                                           FOR FURTHER INFORMATION CONTACT:
                                                  raised in the case briefs, may be filed                                                                       Frances Veith, AD/CVD Operations,
                                                  not later than five days after the date for               These preliminary results of review
                                                                                                                                                                Office V, Enforcement and Compliance,
                                                  filing case briefs.9 Parties who submit                 are issued and published in accordance                International Trade Administration,
                                                  comments are requested to submit: (1) A                 with sections 751(a)(1) and 777(i)(1) of              U.S. Department of Commerce, 14th
                                                  statement of the issue; (2) a brief                     the Act.                                              Street and Constitution Avenue NW.,
                                                  summary of the argument; and (3) a                        Dated: August 5, 2016.                              Washington, DC 20230; telephone: (202)
                                                  table of authorities. All briefs must be                Ronald Lorentzen,                                     482–4295.
                                                  filed electronically using ACCESS. An                   Acting Assistant Secretary for Enforcement            SUPPLEMENTARY INFORMATION:
                                                  electronically filed document must be                   and Compliance.
                                                  received successfully in its entirety by                                                                      Background
                                                  the Department’s electronic records                     Appendix                                                 The Department of Commerce (the
                                                  system, ACCESS.                                                                                               ‘‘Department’’) published the
                                                                                                          List of Topics Discussed in the Preliminary
                                                     Interested parties who wish to request                                                                     preliminary determination on March 22,
                                                                                                          Decision Memorandum
                                                  a hearing must submit a written request                                                                       2016.1 A summary of the events that
                                                  to the Assistant Secretary for                          1. Summary                                            occurred since the Department
                                                  Enforcement and Compliance, U.S.                        2. Background                                         published the Preliminary
                                                  Department of Commerce, using                           3. Scope of the Order                                 Determination, as well as a full
                                                  Enforcement and Compliance’s ACCESS                     4. Discussion of Methodology                          discussion of the issues raised by parties
                                                  system within 30 days of publication of                    Date of Sale                                       for this final determination, may be
                                                  this notice.10 Requests should contain                     Comparisons to Normal Value                        found in the final Issues and Decision
                                                  the party’s name, address, and                             Product Comparisons                                Memorandum.2
                                                                                                             Determination of Comparison Method
                                                  telephone number, the number of                                                                               Scope of the Investigation
                                                                                                             Results of the Differential Pricing (DP)
                                                  participants, and a list of the issues to
                                                                                                                Analysis                                           The products covered by this
                                                  be discussed. If a request for a hearing
                                                                                                             Export Price                                       investigation are certain hot-rolled steel
                                                  is made, we will inform parties of the
                                                                                                             Normal Value                                       flat products (‘‘hot-rolled steel’’) from
                                                  scheduled date for the hearing which
                                                                                                             A. Home Market Viability                           Australia. For a full description of the
                                                  will be held at the U.S. Department of
                                                                                                             B. Level of Trade                                  scope of this investigation, see the
                                                  Commerce, 14th Street and Constitution
                                                                                                             C. Sales to Affiliated Customers                   ‘‘Scope of the Investigation,’’ in
                                                  Avenue NW., Washington, DC 20230, at                       D. Cost of Production Analysis
                                                  a time and location to be determined.11                                                                       Appendix II of this notice.
                                                                                                             1. Calculation of Cost of Production
                                                  Parties should confirm by telephone the                    2. Test of Home Market Prices                         1 See Certain Hot-Rolled Steel Flat Products from
                                                  date, time, and location of the hearing.                   3. Results of the COP Test                         Australia: Preliminary Determination of Sales at
                                                     Unless the deadline is extended                         E. Calculation of Normal Value Based on            Less Than Fair Value and Postponement of Final
                                                  pursuant to section 751(a)(2)(B)(iv) of                       Comparison Market Prices                        Determination, 81 FR 15241 (March 22, 2016)
                                                  the Act, the Department will issue the                                                                        (‘‘Preliminary Determination’’) and accompanying
                                                                                                             F. Price-to-CV Comparison                          Preliminary Decision Memorandum.
                                                    7 See Implementation of the Findings of the WTO
                                                                                                             G. Constructed Value                                  2 See Memorandum from Christian Marsh, Deputy

                                                                                                             Margins for Companies Not Selected for             Assistant Secretary for Antidumping and
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Panel in US—Zeroing (EC): Notice of
                                                                                                                Individual Examination                          Countervailing Duty Operations, to Ronald K.
                                                  Determinations Under Section 129 of the Uruguay
                                                                                                                                                                Lorentzen, Acting Assistant Secretary for
                                                  Round Agreements Act and Revocations and Partial           Currency Conversion
                                                                                                                                                                Enforcement and Compliance, ‘‘Issues and Decision
                                                  Revocations of Certain Antidumping Duty Orders,         5. Recommendation                                     Memorandum for the Final Affirmative
                                                  72 FR 25261 (May 4, 2007).
                                                    8 See 19 CFR 351.224(b).                              [FR Doc. 2016–19129 Filed 8–11–16; 8:45 am]           Determination in the Antidumping Duty
                                                                                                                                                                Investigation of Certain Hot-Rolled Steel Flat
                                                    9 See 19 CFR 351.309(d).                              BILLING CODE 3510–DS–P                                Products from Australia,’’ (‘‘Issues and Decision
                                                    10 See 19 CFR 351.310(c).
                                                                                                                                                                Memorandum’’), dated concurrently with this
                                                    11 See 19 CFR 351.310.                                                                                      determination and hereby adopted by this notice.



                                             VerDate Sep<11>2014   18:42 Aug 11, 2016   Jkt 238001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\12AUN1.SGM   12AUN1


                                                                                 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                               53407

                                                  Analysis of Comments Received                           735(c)(5)(A) of the Act provides that the             International Trade Commission
                                                     All issues raised in the case and                    estimated all-others rate shall be an                 (‘‘ITC’’) Notification
                                                  rebuttal briefs by parties in this                      amount equal to the weighted average of                  In accordance with section 735(d) of
                                                  investigation are addressed in the Issues               the estimated weighted-average                        the Act, we are notifying the ITC of our
                                                  and Decision Memorandum, which is                       dumping margins established for                       affirmative final determination of sales
                                                  hereby adopted by this notice.3 A list of               exporters and producers individually                  at less than fair value (‘‘LTFV’’).
                                                  the issues raised is attached to this                   investigated, excluding any zero and de               Because the final determination in this
                                                  notice as Appendix I. The Issues and                    minimis margins, and any margins                      proceeding is affirmative, in accordance
                                                  Decision Memorandum is a public                         determined entirely under section 776                 with section 735(b)(2) of the Act, the
                                                  document and is on file electronically                  of the Act. Where the rates for                       ITC will make its final determination as
                                                  via Enforcement and Compliance’s                        investigated companies are zero or de                 to whether the domestic industry in the
                                                  Antidumping and Countervailing Duty                     minimis, or based entirely on facts                   United States is materially injured, or
                                                  Centralized Electronic Service System                   otherwise available, section 735(c)(5)(B)             threatened with material injury, by
                                                  (‘‘ACCESS’’). ACCESS is available to                    of the Act instructs the Department to                reason of imports of hot-rolled steel
                                                  registered users at https://                            establish an ‘‘all others’’ rate using ‘‘any          from Australia no later than 45 days
                                                  access.trade.gov and it is available to all             reasonable method.                                    after our final determination. If the ITC
                                                  parties in the Central Records Unit,                                                                          determines that material injury or threat
                                                  Room B–8024 of the main Department                        BlueScope is the only respondent for                of material injury does not exist, the
                                                  of Commerce building. In addition, a                    which the Department calculated a                     proceeding will be terminated and all
                                                  complete version of the Issues and                      company-specific rate. Therefore, for                 cash deposits will be refunded. If the
                                                  Decision Memorandum can be accessed                     purposes of determining the ‘‘all others’’            ITC determines that such injury does
                                                  directly at http://enforcement.trade.gov/               rate and pursuant to section                          exist, the Department will issue an
                                                  frn/. The signed and electronic versions                735(d)(5)(A) of the Act, we are using the             antidumping duty order directing CBP
                                                  of the Final Issues and Decision                        dumping margin calculated for                         to assess, upon further instruction by
                                                  Memorandum are identical in content.                    BlueScope, as referenced in the ‘‘Final               the Department, antidumping duties on
                                                                                                          Determination’’ section below.                        all imports of the subject merchandise
                                                  Verification
                                                                                                                                                                entered, or withdrawn from warehouse,
                                                     As provided in section 782(i) of the                 Final Determination
                                                                                                                                                                for consumption on or after the effective
                                                  Tariff Act of 1930, as amended (‘‘the                     The Department determines that the                  date of the suspension of liquidation.
                                                  Act’’), in April and May 2016, the
                                                                                                          following weighted-average dumping                         Notification Regarding Administrative
                                                  Department verified the sales and cost
                                                                                                          margins exist:                                             Protective Orders (‘‘APO’’)
                                                  data reported by the mandatory
                                                  respondents BlueScope Steel Ltd.                                                                                     This notice serves as a reminder to
                                                                                                                                                          Weighted-
                                                  (‘‘BlueScope’’). We used standard                                                                        average   parties subject to APO of their
                                                  verification procedures, including an                           Exporter/producer                       dumping    responsibility concerning the
                                                  examination of relevant accounting and                                                                    margin   disposition of proprietary information
                                                  production records, and original source                                                                 (percent)  disclosed under APO in accordance
                                                  documents provided by BlueScope.                                                                                   with 19 CFR 351.305(a)(3). Timely
                                                                                                          BlueScope Steel Ltd., BlueScope
                                                                                                            Steel (AIS) Pty Ltd., and                                notification of the return or destruction
                                                  Changes to the Margin Calculations
                                                                                                            BlueScope Steel Distribution                             of APO materials, or conversion to
                                                  Since the Preliminary Determination
                                                                                                            Pty Ltd .....................................      29.37 judicial protective order, is hereby
                                                    Based on our analysis of comments                     All Others ....................................      29.37 requested. Failure to comply with the
                                                  received and our findings at                                                                                       regulations and the terms of an APO is
                                                  verification, we made certain changes to                                                                           a violation subject to sanction.
                                                                                                          Disclosure
                                                  the margin calculations for BlueScope.                                                                               This determination is issued and
                                                  For a discussion of these changes, see                     We intend to disclose to parties in                     published in accordance with sections
                                                  the Issues and Decision Memorandum.                     this proceeding the calculations                           735(d) and 777(i)(1) of the Act, and 19
                                                  We have also revised the all-others rate.               performed for this final determination                     CFR 351.210(c).
                                                  Single Entity Treatment                                 within five days of the date of public                       Dated: August 4, 2016.
                                                     For the reasons set forth in the                     announcement of our final                                  Ronald K. Lorentzen,
                                                  Preliminary Decision Memorandum and                     determination, in accordance with 19                       Acting Assistant Secretary for Enforcement
                                                  in accordance with 19 CFR 351.401(f)                    CFR 351.224(b).                                            and Compliance.
                                                  and the Department’s practice, we are                   Continuation of Suspension of                         Appendix I
                                                  continuing to treat BlueScope Steel Ltd.,               Liquidation                                           List of Topics Discussed in the Final Issues
                                                  BlueScope Steel (AIS) Pty Ltd., and
                                                                                                                                                                and Decision Memorandum
                                                  BlueScope Steel Distribution Pty Ltd. as                   In accordance with section
                                                  a single entity, BlueScope, for the                     735(c)(1)(B) of the Act, we are directing             I. Summary
                                                                                                                                                                II. Background
                                                  purposes of this final determination.4                  U.S. Customs and Border Protection                    III. Scope of the Investigation
                                                  All-Others Rate                                         (‘‘CBP’’) to continue to suspend                      IV. Scope Comments
                                                                                                          liquidation of all entries of hot-rolled              V. Changes Since the Preliminary
mstockstill on DSK3G9T082PROD with NOTICES




                                                    Consistent with sections                              steel from Australia, as described in the                   Determination
                                                  735(c)(1)(B)(i)(II) and 735(c)(5) of the                Scope of the Investigation in Appendix                VI. Discussion of the Methodology
                                                  Act, the Department also calculated an                                                                        VII. Discussion of the Issues
                                                                                                          II, entered, or withdrawn from
                                                  estimated all-others rate. Section                                                                               Comment 1: U.S. Sales of Nonprime
                                                                                                          warehouse, for consumption on or after
                                                                                                                                                                      (Secondary) Merchandise
                                                    3 SeeIssues and Decision Memorandum.
                                                                                                          March 22, 2016, the date of publication                  Comment 2: U.S.—Freight Cap
                                                    4 See‘‘Affiliation And Collapsing’’ section of the    in the Federal Register of the                           Comment 3: U.S.—Cost of Production
                                                  Preliminary Decision Memorandum.                        affirmative Preliminary Determination.                      Interest Expense Ratio



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                                                  53408                         Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                    Comment 4: U.S.—Credit Expense for U.S.               predominates, by weight, over each of the               • Ball bearing steels; 8
                                                       Sales in Channels 1 and 2                          other contained elements; (2) the carbon                • Tool steels; 9 and
                                                    Comment 5: Home Market—Sales                          content is 2 percent or less, by weight; and            • Silico-manganese steels; 10
                                                       Adjustments                                        (3) none of the elements listed below exceeds           The products subject to this investigation
                                                    Comment 6: Home Market—Interest                       the quantity, by weight, respectively                 are currently classified in the Harmonized
                                                       Expense Ratio                                      indicated:
                                                                                                                                                                Tariff Schedule of the United States (HTSUS)
                                                    Comment 7: Home Market—Adverse Facts                     • 2.50 percent of manganese, or
                                                                                                                                                                under item numbers: 7208.10.1500,
                                                       Available to Sales Data for BSD                       • 3.30 percent of silicon, or
                                                    Comment 8: Home Market—Early Payment                     • 1.50 percent of copper, or                       7208.10.3000, 7208.10.6000, 7208.25.3000,
                                                       Discounts                                             • 1.50 percent of aluminum, or                     7208.25.6000, 7208.26.0030, 7208.26.0060,
                                                  VIII. Negative Finding of Critical                         • 1.25 percent of chromium, or                     7208.27.0030, 7208.27.0060, 7208.36.0030,
                                                       Circumstances                                         • 0.30 percent of cobalt, or                       7208.36.0060, 7208.37.0030, 7208.37.0060,
                                                  IX. Recommendation                                         • 0.40 percent of lead, or                         7208.38.0015, 7208.38.0030, 7208.38.0090,
                                                  Appendix II                                                • 2.00 percent of nickel, or                       7208.39.0015, 7208.39.0030, 7208.39.0090,
                                                                                                             • 0.30 percent of tungsten, or                     7208.40.6030, 7208.40.6060, 7208.53.0000,
                                                  Scope of the Investigation                                 • 0.80 percent of molybdenum, or                   7208.54.0000, 7208.90.0000, 7210.70.3000,
                                                     The products covered by this investigation              • 0.10 percent of niobium, or                      7211.14.0030, 7211.14.0090, 7211.19.1500,
                                                  are certain hot-rolled, flat-rolled steel                  • 0.30 percent of vanadium, or                     7211.19.2000, 7211.19.3000, 7211.19.4500,
                                                  products, with or without patterns in relief,              • 0.30 percent of zirconium.
                                                                                                                                                                7211.19.6000, 7211.19.7530, 7211.19.7560,
                                                  and whether or not annealed, painted,                      Unless specifically excluded, products are
                                                                                                          included in this scope regardless of levels of        7211.19.7590, 7225.11.0000, 7225.19.0000,
                                                  varnished, or coated with plastics or other
                                                  non-metallic substances. The products                   boron and titanium.                                   7225.30.3050, 7225.30.7000, 7225.40.7000,
                                                  covered do not include those that are clad,                For example, specifically included in this         7225.99.0090, 7226.11.1000, 7226.11.9030,
                                                  plated, or coated with metal. The products              scope are vacuum degassed, fully stabilized           7226.11.9060, 7226.19.1000, 7226.19.9000,
                                                  covered include coils that have a width or              (commonly referred to as interstitial-free (IF))      7226.91.5000, 7226.91.7000, and
                                                  other lateral measurement (‘‘width’’) of 12.7           steels, high strength low alloy (HSLA) steels,        7226.91.8000. The products subject to the
                                                  mm or greater, regardless of thickness, and             the substrate for motor lamination steels,            investigation may also enter under the
                                                  regardless of form of coil (e.g., in                    Advanced High Strength Steels (AHSS), and             following HTSUS numbers: 7210.90.9000,
                                                  successively superimposed layers, spirally              Ultra High Strength Steels (UHSS). IF steels          7211.90.0000, 7212.40.1000, 7212.40.5000,
                                                  oscillating, etc.). The products covered also           are recognized as low carbon steels with              7212.50.0000, 7214.91.0015, 7214.91.0060,
                                                  include products not in coils (e.g., in straight        micro-alloying levels of elements such as
                                                  lengths) of a thickness of less than 4.75 mm                                                                  7214.91.0090, 7214.99.0060, 7214.99.0075,
                                                                                                          titanium and/or niobium added to stabilize
                                                  and a width that is 12.7 mm or greater and              carbon and nitrogen elements. HSLA steels             7214.99.0090, 7215.90.5000, 7226.99.0180,
                                                  that measures at least 10 times the thickness.          are recognized as steels with micro-alloying          and 7228.60.6000.
                                                  The products described above may be                     levels of elements such as chromium, copper,            The HTSUS subheadings above are
                                                  rectangular, square, circular, or other shape           niobium, titanium, vanadium, and                      provided for convenience and U.S. Customs
                                                  and include products of either rectangular or           molybdenum. The substrate for motor                   purposes only. The written description of the
                                                  non-rectangular cross-section where such                lamination steels contains micro-alloying             scope of the investigation is dispositive.
                                                  cross-section is achieve subsequent to the              levels of elements such as silicon and
                                                  rolling process, i.e., products which have                                                                    [FR Doc. 2016–19375 Filed 8–11–16; 8:45 am]
                                                                                                          aluminum. AHSS and UHSS are considered
                                                  been ‘‘worked after rolling’’ (e.g., products           high tensile strength and high elongation             BILLING CODE 3510–DS–P
                                                  which have been beveled or rounded at the               steels, although AHSS and UHSS are covered
                                                  edges). For purposes of the width and                   whether or not they are high tensile strength         flatness, shape control, or gauge control do not
                                                  thickness requirements referenced above:                or high elongation steels.                            constitute cold-rolling sufficient to meet this
                                                     (1) Where the nominal and actual                        Subject merchandise includes hot-rolled            exclusion.
                                                  measurements vary, a product is within the              steel that has been further processed in a               8 Ball bearing steels are defined as steels which
                                                  scope if application of either the nominal or           third country, including but not limited to           contain, in addition to iron, each of the following
                                                  actual measurement would place it within                                                                      elements by weight in the amount specified: (i) Not
                                                                                                          pickling, oiling, levelling, annealing,
                                                  the scope based on the definitions set forth                                                                  less than 0.95 nor more than 1.13 percent of carbon;
                                                                                                          tempering, temper rolling, skin passing,
                                                  above unless the resulting measurement                                                                        (ii) not less than 0.22 nor more than 0.48 percent
                                                                                                          painting, varnishing, trimming, cutting,
                                                  makes the product covered by the existing                                                                     of manganese; (iii) none, or not more than 0.03
                                                                                                          punching, and/or slitting, or any other
                                                  antidumping 5 or countervailing duty 6 orders                                                                 percent of sulfur; (iv) none, or not more than 0.03
                                                  on Certain Cut-To-Length Carbon-Quality                 processing that would not otherwise remove            percent of phosphorus; (v) not less than 0.18 nor
                                                  Steel Plate Products From the Republic of               the merchandise from the scope of the                 more than 0.37 percent of silicon; (vi) not less than
                                                  Korea (A–580–836; C–580–837), and                       investigation if performed in the country of          1.25 nor more than 1.65 percent of chromium; (vii)
                                                     (2) where the width and thickness vary for           manufacture of the hot-rolled steel.                  none, or not more than 0.28 percent of nickel; (viii)
                                                  a specific product (e.g., the thickness of                 All products that meet the written physical        none, or not more than 0.38 percent of copper; and
                                                  certain products with non-rectangular cross-            description, and in which the chemistry               (ix) none, or not more than 0.09 percent of
                                                  section, the width of certain products with             quantities do not exceed any one of the noted         molybdenum.
                                                  non-rectangular shape, etc.), the                       element levels listed above, are within the              9 Tool steels are defined as steels which contain

                                                  measurement at its greatest width or                    scope of this investigation unless specifically       the following combinations of elements in the
                                                  thickness applies.                                      excluded. The following products are outside          quantity by weight respectively indicated: (i) More
                                                     Steel products included in the scope of this         of and/or specifically excluded from the              than 1.2 percent carbon and more than 10.5 percent
                                                                                                          scope of this investigation:                          chromium; or (ii) not less than 0.3 percent carbon
                                                  investigation are products in which: (1) Iron
                                                                                                             • Universal mill plates (i.e., hot-rolled,         and 1.25 percent or more but less than 10.5 percent
                                                                                                                                                                chromium; or (iii) not less than 0.85 percent carbon
                                                     5 Notice of Amendment of Final Determinations        flat-rolled products not in coils that have
                                                                                                                                                                and 1 percent to 1.8 percent, inclusive, manganese;
                                                  of Sales at Less Than Fair Value and Antidumping        been rolled on four faces or in a closed box          or (iv) 0.9 percent to 1.2 percent, inclusive,
                                                  Duty Orders: Certain Cut-To-Length Carbon-Quality       pass, of a width exceeding 150 mm but not             chromium and 0.9 percent to 1.4 percent, inclusive,
                                                  Steel Plate Products From France, India, Indonesia,     exceeding 1250 mm, of a thickness not less
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                molybdenum; or (v) not less than 0.5 percent carbon
                                                  Italy, Japan and the Republic of Korea, 65 FR 6585      than 4.0 mm, and without patterns in relief);
                                                  (February 10, 2000).                                                                                          and not less than 3.5 percent molybdenum; or (vi)
                                                     6 Notice of Amended Final Determinations:
                                                                                                             • Products that have been cold-rolled              not less than 0.5 percent carbon and not less than
                                                  Certain Cut-to-Length Carbon-Quality Steel Plate
                                                                                                          (cold-reduced) after hot-rolling; 7                   5.5 percent tungsten.
                                                                                                                                                                   10 Silico-manganese steel is defined as steels
                                                  From India and the Republic of Korea; and Notice
                                                  of Countervailing Duty Orders: Certain Cut-To-            7 For purposes of this scope exclusion, rolling     containing by weight: (i) Not more than 0.7 percent
                                                  Length Carbon-Quality Steel Plate From France,          operations such as a skin pass, levelling, temper     of carbon; (ii) 0.5 percent or more but not more than
                                                  India, Indonesia, Italy, and the Republic of Korea,     rolling or other minor rolling operations after the   1.9 percent of manganese, and (iii) 0.6 percent or
                                                  65 FR 6587 (February 10, 2000).                         hot-rolling process for purposes of surface finish,   more but not more than 2.3 percent of silicon.



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Document Created: 2018-02-09 11:32:56
Document Modified: 2018-02-09 11:32:56
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 August 12, 2016.
ContactFrances Veith, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4295.
FR Citation81 FR 53406 

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