81_FR_53572 81 FR 53416 - Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat Products From Brazil: Final Affirmative Determination, and Final Determination of Critical Circumstances, in Part

81 FR 53416 - Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat Products From Brazil: Final Affirmative Determination, and Final Determination of Critical Circumstances, in Part

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range53416-53419
FR Document2016-19376

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain hot-rolled steel flat products (hot-rolled steel, or HRS) from Brazil. For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2014, through December 31, 2014.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016) 
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53416-53419]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19376]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-846]


Countervailing Duty Investigation of Certain Hot-Rolled Steel 
Flat Products From Brazil: Final Affirmative Determination, and Final 
Determination of Critical Circumstances, in Part

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain hot-rolled steel flat products (hot-rolled steel, or HRS) 
from Brazil. For information on the estimated subsidy rates, see the 
``Final Determination'' section of this notice. The period of 
investigation is January 1, 2014, through December 31, 2014.

DATES: Effective August 12, 2016.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin, Nicholas Czajkowski, 
or Lana Nigro, AD/CVD Operations, Office I, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6478, (202) 482-1395, and (202) 482-1779, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Determination on January 
15, 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 Issues and Decision Memorandum.\2\ The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version are identical in content.
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    \1\ See Countervailing Duty Investigation of Certain Hot-Rolled 
Steel Flat Products From Brazil: Preliminary Affirmative 
Determination and Alignment of Final Determination With Final 
Antidumping Duty Determination, 81 FR 2168 (January 15, 2016) 
(Preliminary Determination) and accompanying Preliminary Decision 
Memorandum (PDM).
    \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 
Determination in the Countervailing Duty Investigation of Certain 
Hot-Rolled Steel Flat Products from Brazil,'' dated concurrently 
with this determination (Issues and Decision Memorandum) and hereby 
adopted by this notice.
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Scope Comments

    In accordance with the Preliminary Scope Determination,\3\ the 
Department set aside a period of time for parties to address scope 
issues in case briefs or other written comments on scope issues.
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    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Hot-Rolled Steel Products from Australia, Brazil, Japan, 
the Netherlands, the Republic of Korea, Turkey and the United 
Kingdom: Scope Comments Decision Memorandum for the Preliminary 
Determinations,'' dated March 14, 2016.
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    In the Preliminary Determination, we did not modify the scope 
language as it appeared in the Initiation Notice.\4\ No interested 
party submitted scope comments in case or rebuttal briefs; therefore, 
the scope of this investigation remains unchanged for this final 
determination.
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    \4\ See Preliminary Determination PDM at ``Scope Comments.''
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Scope of the Investigation

    The products covered by this investigation are certain hot-rolled 
steel flat products from Brazil. For a complete description of the 
scope of this investigation, see the ``Scope of the Investigation,'' 
attached to this notice at Appendix I.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we have responded in the Issues and 
Decision Memorandum, is attached to this notice at Appendix II.

Use of Adverse Facts Available

    In making this final determination, the Department relied, in part, 
on facts available and, because the Government of Brazil and the 
respondent companies did not act to the best of their abilities in 
responding to the Department's requests for information, we drew an 
adverse inference where appropriate in selecting from among the facts 
otherwise available.\5\ Specifically, we applied facts available, with 
adverse inferences, for the Reduction of Tax on Industrialized Products 
for Machines and Equipment, the BNDES FINAME Loan program, and the Ex-
Tarif[aacute]rio program, in accordance with section 776(a) and (b) of 
the Act. For further information, see the section ``Use of Adverse 
Facts Available'' in the accompanying Issues and Decision Memorandum.
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    \5\ See sections 776(a) and (b) of the Tariff Act of 1930, as 
amended (the Act).
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received from parties, and 
the minor corrections presented and additional items discovered at 
verification, we made certain changes to the respondents' subsidy rate 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Final Affirmative Determination of Critical Circumstances, in Part

    On October 23, 2015, the petitioner filed a timely critical 
circumstances allegation pursuant to section 703(e)(1) of the Act and 
19 CFR 351.206(c)(1), alleging that critical circumstances exist with 
respect to imports of hot-rolled steel from Brazil.\6\ We preliminarily 
determined that critical circumstances existed with respect to CSN and 
Usiminas, but not for all others companies.\7\ Based on additional 
import data that became available since the Preliminary Determination 
of Critical Circumstances, we are departing from our preliminary 
finding. For this final determination, in accordance with section 
705(a) of the Act, we find that critical circumstances exist with 
respect to CSN but that critical circumstances do not exist with 
respect to Usiminas and all other producers and exporters of

[[Page 53417]]

hot-rolled steel from Brazil.\8\ For a complete discussion, see the 
``Critical Circumstances'' section of the Issues and Decision 
Memorandum.
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    \6\ See letter from the Petitioner, ``Certain Hot-Rolled Steel 
Flat Products From Australia, Brazil, Japan and the Netherlands--
Critical Circumstances Allegations,'' dated October 23, 2015.
    \7\ See Antidumping Duty Investigations of Certain Hot-Rolled 
Steel Flat Products From Australia, Brazil, Japan, and the 
Netherlands and Countervailing Duty Investigation of Certain Hot-
Rolled Steel Flat Products From Brazil: Preliminary Determinations 
of Critical Circumstances, 80 FR 76444 (December 9, 2015) 
(Preliminary Determination of Critical Circumstances).
    \8\ See Issues and Decision Memorandum; see also Memorandum 
``Calculations for Final Determination of Critical Circumstances in 
the Countervailing Duty Investigation of Certain Hot-Rolled Steel 
Flat Products from Brazil,'' dated concurrently with this notice.
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Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for Usiminas and CSN, the exporters/producers of 
subject merchandise selected for individual examination in this 
investigation.
    In accordance with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of 
the Act, for companies not individually investigated, we apply an ``all 
others'' rate, which is normally calculated by weighting the subsidy 
rates of the individual companies selected as mandatory respondents by 
those companies' exports of the subject merchandise to the United 
States. Under section 705(c)(5)(A)(i) of the Act, the all-others rate 
excludes zero and de minimis rates calculated for the exporters and 
producers individually investigated as well as any rates based entirely 
on facts otherwise available, pursuant to section 776 of the Act. 
Neither of the respondents' rates was zero or de minimis or based 
entirely on facts otherwise available. Notwithstanding the language of 
section 705(c)(5)(A)(i) of the Act, we did not calculate the ``all-
others'' rate by weight averaging the rates of the two individually 
investigated respondents using their actual export sales data, because 
doing so risks disclosure of proprietary information. Instead, we 
calculated the all-others rate using the simple average of the 
respondents' calculated rates.\9\ The estimated countervailable subsidy 
rates are as follows:
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    \9\ See Memorandum to Dana S. Mermelstein, Program Manager, AD/
CVD Operations, Office I, ``Final Affirmative Countervailing Duty 
Determination: Hot-Rolled Steel Flat Products from Brazil; 
Calculation of the All Others Rate for the Final Determination in 
the Countervailing Duty Investigation of Hot-Rolled Steel Flat 
Products from Brazil,'' dated concurrently with this notice.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                                rate
                                                               (percent)
------------------------------------------------------------------------
Companhia Siderurgica Nacional (CSN).........................      11.30
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas)..........      11.09
All Others...................................................      11.20
------------------------------------------------------------------------

Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of hot-rolled 
steel from Brazil, that were entered, or withdrawn from warehouse, for 
consumption on or after October 17, 2015, for CSN and Usiminas, for 
which we found critical circumstances exist, and on or after January 
15, 2016, the date of the publication of the Preliminary Determination 
in the Federal Register, for all other exporters. In accordance with 
section 703(d) of the Act, we instructed CBP to discontinue the 
suspension of liquidation for countervailing duty (CVD) purposes for 
subject merchandise entered, or withdrawn from warehouse, on or after 
May 14, 2016, but to continue the suspension of liquidation of all 
entries from October 17, 2015, or January 15, 2016, as applicable, 
through May 14, 2016. As a result of our negative critical 
circumstances determination for Usiminas, we will instruct CBP to 
discontinue the suspension of liquidation, and to liquidate, without 
regard to countervailing duties, subject merchandise exported by 
Usiminas and entered, or withdrawn from warehouse, on or after October 
17, 2015 and before January 15, 2016.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and will 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
subject merchandise in the amounts indicated above. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act and 19 CFR 351.201(c).

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

Appendix I--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 \1\ or countervailing duty \2\ 
orders

[[Page 53418]]

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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    \1\ 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).
    \2\ 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; \3\
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    \3\ 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; \4\
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    \4\ 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; \5\ and
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    \5\ 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; \6\
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    \6\ 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.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
    Issues
II. Background
    A. Case History
    B. Period of Investigation
III. Final Determination of Critical Circumstances, in Part
IV. Scope of the Investigation
V. Use of Adverse Facts Available
VI. Subsidies Valuation
    A. Allocation Period
    B. Attribution of Subsidies
    C. Denominators
VII. Interest Rates Benchmarks and Discount Rates
VIII. Analysis of Programs
    A. Programs Determined To Be Countervailable
    B. Program Determined To Be Not Countervailable
    C. Programs Determined To Be Not Used, or Not To Confer a 
Measurable Benefit, During the POI
    D. Program Determined Not To Exist
IX. Analysis of Comments
    Comment 1: Whether To Apply AFA to Both the GOB and Respondents 
for the Reduction of IPI for Machines and Equipment Program
    Comment 2: Whether the Reduction of IPI for Machines and 
Equipment Program Is Countervailable
    Comment 3: Whether To Apply AFA for the Ex-Tarif[aacute]rio 
Program
    Comment 4: Whether Ex-Tarif[aacute]rio is De Facto Specific
    Comment 5: Whether Ex-Tarif[aacute]rio Provides a Financial 
Contribution
    Comment 6: Whether the FINAME Loan Program Is Specific
    Comment 7: Whether To Apply AFA to Determine the Benefit of the 
FINAME Program
    Comment 8: Whether To Re-Calculate the FINAME Program for 
Usiminas
    Comment 9: Whether To Use a Company-Specific Interest Rate 
Benchmark To Calculate the FINAME Program Benefit for Usiminas
    Comment 10: Whether the Integrated Drawback Scheme Is 
Countervailable
    Comment 11: Whether Usiminas Received a Benefit From the 
Integrated Drawback Scheme
    Comment 12: Whether Reintegra Is Countervailable
    Comment 13: Whether to Recalculate the Reintegra Subsidy Rate
    Comment 14: Whether CSN Applied for/Used the Reintegra Program 
During the POI
    Comment 15: Whether the Exemption of Payroll Tax Is 
Countervailable

[[Page 53419]]

    Comment 16: Whether Subsidies Provided to UMSA Should Be 
Attributed to Usiminas
    Comment 17: Whether the Economic Subvention to National 
Innovation Program Is Not Countervailable
    Comment 18: Whether FINEP's Economic Subvention Program Has Not 
Conferred a Measurable Benefit
    Comment 19: Whether the Bahia State Industrial Development and 
Economic Integration Program (Desenvolve) Is De Jure Specific
    Comment 20: Whether the GOB's References to Web sites Constitute 
a Full Response
X. Recommendation

[FR Doc. 2016-19376 Filed 8-11-16; 8:45 am]
 BILLING CODE 3510-DS-P

53416 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices Currency Conversion Memorandum is a public document and available and, because the Government Recommendation is on file electronically via Enforcement of Brazil and the respondent companies [FR Doc. 2016–19261 Filed 8–11–16; 8:45 am] and Compliance’s Antidumping and did not act to the best of their abilities BILLING CODE 3510–DS–P Countervailing Duty Centralized in responding to the Department’s Electronic Service System (ACCESS). requests for information, we drew an ACCESS is available to registered users adverse inference where appropriate in DEPARTMENT OF COMMERCE at http://access.trade.gov, and is selecting from among the facts available to all parties in the Central otherwise available.5 Specifically, we International Trade Administration Records Unit, Room B8024 of the main applied facts available, with adverse [C–351–846] Department of Commerce building. In inferences, for the Reduction of Tax on addition, a complete version of the Industrialized Products for Machines Countervailing Duty Investigation of Issues and Decision Memorandum can and Equipment, the BNDES FINAME Certain Hot-Rolled Steel Flat Products be accessed directly at http:// Loan program, and the Ex-Tarifário From Brazil: Final Affirmative enforcement.trade.gov/frn/. The signed program, in accordance with section Determination, and Final Determination Issues and Decision Memorandum and 776(a) and (b) of the Act. For further of Critical Circumstances, in Part the electronic version are identical in information, see the section ‘‘Use of content. Adverse Facts Available’’ in the AGENCY: Enforcement and Compliance, Scope Comments accompanying Issues and Decision International Trade Administration, Memorandum. Department of Commerce. In accordance with the Preliminary SUMMARY: The Department of Commerce Scope Determination,3 the Department Changes Since the Preliminary (the Department) determines that set aside a period of time for parties to Determination countervailable subsidies are being address scope issues in case briefs or provided to producers and exporters of other written comments on scope issues. Based on our analysis of the certain hot-rolled steel flat products In the Preliminary Determination, we comments received from parties, and (hot-rolled steel, or HRS) from Brazil. did not modify the scope language as it the minor corrections presented and For information on the estimated appeared in the Initiation Notice.4 No additional items discovered at subsidy rates, see the ‘‘Final interested party submitted scope verification, we made certain changes to Determination’’ section of this notice. comments in case or rebuttal briefs; the respondents’ subsidy rate The period of investigation is January 1, therefore, the scope of this investigation calculations. For a discussion of these 2014, through December 31, 2014. remains unchanged for this final changes, see the Issues and Decision determination. Memorandum. DATES: Effective August 12, 2016. FOR FURTHER INFORMATION CONTACT: Scope of the Investigation Final Affirmative Determination of Sergio Balbontin, Nicholas Czajkowski, Critical Circumstances, in Part The products covered by this or Lana Nigro, AD/CVD Operations, investigation are certain hot-rolled steel Office I, Enforcement and Compliance, On October 23, 2015, the petitioner flat products from Brazil. For a complete filed a timely critical circumstances International Trade Administration, description of the scope of this U.S. Department of Commerce, 1401 allegation pursuant to section 703(e)(1) investigation, see the ‘‘Scope of the of the Act and 19 CFR 351.206(c)(1), Constitution Avenue NW., Washington, Investigation,’’ attached to this notice at DC 20230; telephone: (202) 482–6478, alleging that critical circumstances exist Appendix I. with respect to imports of hot-rolled (202) 482–1395, and (202) 482–1779, respectively. Analysis of Subsidy Programs and steel from Brazil.6 We preliminarily Comments Received determined that critical circumstances SUPPLEMENTARY INFORMATION: existed with respect to CSN and The subsidy programs under Background Usiminas, but not for all others investigation and the issues raised in companies.7 Based on additional import The Department published the the case and rebuttal briefs by parties in this investigation are discussed in the data that became available since the Preliminary Determination on January Issues and Decision Memorandum. A Preliminary Determination of Critical 15, 2016.1 A summary of the events that list of the issues that parties raised, and Circumstances, we are departing from occurred since the Department to which we have responded in the our preliminary finding. For this final published the Preliminary Issues and Decision Memorandum, is determination, in accordance with Determination, as well as a full attached to this notice at Appendix II. section 705(a) of the Act, we find that discussion of the issues raised by parties critical circumstances exist with respect for this final determination, may be Use of Adverse Facts Available to CSN but that critical circumstances found in the Issues and Decision In making this final determination, do not exist with respect to Usiminas Memorandum.2 The Issues and Decision the Department relied, in part, on facts and all other producers and exporters of 1 See Countervailing Duty Investigation of Certain Rolled Steel Flat Products from Brazil,’’ dated 5 See sections 776(a) and (b) of the Tariff Act of Hot-Rolled Steel Flat Products From Brazil: Preliminary Affirmative Determination and concurrently with this determination (Issues and 1930, as amended (the Act). Alignment of Final Determination With Final Decision Memorandum) and hereby adopted by this 6 See letter from the Petitioner, ‘‘Certain Hot- Antidumping Duty Determination, 81 FR 2168 notice. Rolled Steel Flat Products From Australia, Brazil, (January 15, 2016) (Preliminary Determination) and 3 See Memorandum to Christian Marsh, Deputy Japan and the Netherlands—Critical Circumstances mstockstill on DSK3G9T082PROD with NOTICES accompanying Preliminary Decision Memorandum Assistant Secretary for Antidumping and Allegations,’’ dated October 23, 2015. (PDM). Countervailing Duty Operations, ‘‘Certain Hot- 7 See Antidumping Duty Investigations of Certain 2 See Memorandum from Christian Marsh, Deputy Rolled Steel Products from Australia, Brazil, Japan, Hot-Rolled Steel Flat Products From Australia, Assistant Secretary for Antidumping and the Netherlands, the Republic of Korea, Turkey and Brazil, Japan, and the Netherlands and Countervailing Duty Operations, to Ronald K. the United Kingdom: Scope Comments Decision Countervailing Duty Investigation of Certain Hot- Lorentzen, Acting Assistant Secretary for Memorandum for the Preliminary Determinations,’’ Rolled Steel Flat Products From Brazil: Preliminary Enforcement and Compliance, ‘‘Issues and Decision dated March 14, 2016. Determinations of Critical Circumstances, 80 FR Memorandum for the Final Determination in the 4 See Preliminary Determination PDM at ‘‘Scope 76444 (December 9, 2015) (Preliminary Countervailing Duty Investigation of Certain Hot- Comments.’’ Determination of Critical Circumstances). VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices 53417 hot-rolled steel from Brazil.8 For a Suspension of Liquidation Notification Regarding Administrative complete discussion, see the ‘‘Critical As a result of our Preliminary Protective Orders Circumstances’’ section of the Issues Determination and pursuant to section In the event that the ITC issues a final and Decision Memorandum. 703(d) of the Act, we instructed U.S. negative injury determination, this Final Determination Customs and Border Protection (CBP) to notice will serve as the only reminder suspend liquidation of all entries of hot- to parties subject to an APO of their In accordance with section rolled steel from Brazil, that were responsibility concerning the 705(c)(1)(B)(i) of the Act, we calculated entered, or withdrawn from warehouse, destruction of proprietary information a rate for Usiminas and CSN, the for consumption on or after October 17, disclosed under APO in accordance exporters/producers of subject 2015, for CSN and Usiminas, for which with 19 CFR 351.305(a)(3). Timely merchandise selected for individual we found critical circumstances exist, written notification of the return/ examination in this investigation. and on or after January 15, 2016, the destruction of APO materials or In accordance with sections date of the publication of the conversion to judicial protective order is 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the Preliminary Determination in the hereby requested. Failure to comply Act, for companies not individually Federal Register, for all other exporters. with the regulations and terms of an investigated, we apply an ‘‘all others’’ In accordance with section 703(d) of the APO is a violation which is subject to rate, which is normally calculated by Act, we instructed CBP to discontinue sanction. the suspension of liquidation for This determination is issued and weighting the subsidy rates of the countervailing duty (CVD) purposes for published pursuant to sections 705(d) individual companies selected as subject merchandise entered, or and 777(i) of the Act and 19 CFR mandatory respondents by those withdrawn from warehouse, on or after 351.201(c). companies’ exports of the subject merchandise to the United States. Under May 14, 2016, but to continue the Dated: August 4, 2016. section 705(c)(5)(A)(i) of the Act, the all- suspension of liquidation of all entries Ronald K. Lorentzen, others rate excludes zero and de from October 17, 2015, or January 15, Acting Assistant Secretary for Enforcement 2016, as applicable, through May 14, and Compliance. minimis rates calculated for the 2016. As a result of our negative critical exporters and producers individually Appendix I—Scope of the Investigation circumstances determination for investigated as well as any rates based Usiminas, we will instruct CBP to The products covered by this investigation entirely on facts otherwise available, discontinue the suspension of are certain hot-rolled, flat-rolled steel pursuant to section 776 of the Act. products, with or without patterns in relief, liquidation, and to liquidate, without Neither of the respondents’ rates was and whether or not annealed, painted, regard to countervailing duties, subject zero or de minimis or based entirely on varnished, or coated with plastics or other merchandise exported by Usiminas and facts otherwise available. non-metallic substances. The products entered, or withdrawn from warehouse, Notwithstanding the language of section covered do not include those that are clad, on or after October 17, 2015 and before plated, or coated with metal. The products 705(c)(5)(A)(i) of the Act, we did not January 15, 2016. covered include coils that have a width or calculate the ‘‘all-others’’ rate by weight If the U.S. International Trade other lateral measurement (‘‘width’’) of 12.7 averaging the rates of the two Commission (ITC) issues a final mm or greater, regardless of thickness, and individually investigated respondents affirmative injury determination, we regardless of form of coil (e.g., in using their actual export sales data, successively superimposed layers, spirally will issue a CVD order and will reinstate because doing so risks disclosure of oscillating, etc.). The products covered also the suspension of liquidation under proprietary information. Instead, we include products not in coils (e.g., in straight section 706(a) of the Act and will calculated the all-others rate using the lengths) of a thickness of less than 4.75 mm require a cash deposit of estimated and a width that is 12.7 mm or greater and simple average of the respondents’ CVDs for such entries of subject that measures at least 10 times the thickness. calculated rates.9 The estimated merchandise in the amounts indicated The products described above may be countervailable subsidy rates are as above. If the ITC determines that rectangular, square, circular, or other shape follows: material injury, or threat of material and include products of either rectangular or injury, does not exist, this proceeding non-rectangular cross-section where such Subsidy cross-section is achieve subsequent to the Company rate will be terminated and all estimated duties deposited or securities posted as rolling process, i.e., products which have (percent) been ‘‘worked after rolling’’ (e.g., products a result of the suspension of liquidation which have been beveled or rounded at the Companhia Siderurgica Nacional will be refunded or canceled. edges). For purposes of the width and (CSN) ........................................ 11.30 ITC Notification thickness requirements referenced above: Usinas Siderurgicas de Minas (1) Where the nominal and actual Gerais S.A. (Usiminas) ............. 11.09 In accordance with section 705(d) of measurements vary, a product is within the All Others ...................................... 11.20 the Act, we will notify the ITC of our scope if application of either the nominal or determination. In addition, we are actual measurement would place it within making available to the ITC all non- the scope based on the definitions set forth 8 See Issues and Decision Memorandum; see also privileged and non-proprietary above unless the resulting measurement Memorandum ‘‘Calculations for Final Determination of Critical Circumstances in the information related to this investigation. makes the product covered by the existing antidumping 1 or countervailing duty 2 orders Countervailing Duty Investigation of Certain Hot- We will allow the ITC access to all Rolled Steel Flat Products from Brazil,’’ dated privileged and business proprietary mstockstill on DSK3G9T082PROD with NOTICES concurrently with this notice. 1 Notice of Amendment of Final Determinations 9 See Memorandum to Dana S. Mermelstein, information in our files, provided the of Sales at Less Than Fair Value and Antidumping Program Manager, AD/CVD Operations, Office I, ITC confirms that it will not disclose Duty Orders: Certain Cut-To-Length Carbon-Quality ‘‘Final Affirmative Countervailing Duty such information, either publicly or Steel Plate Products From France, India, Indonesia, Determination: Hot-Rolled Steel Flat Products from under an administrative protective order Italy, Japan and the Republic of Korea, 65 FR 6585 Brazil; Calculation of the All Others Rate for the (February 10, 2000). Final Determination in the Countervailing Duty (APO), without the written consent of 2 Notice of Amended Final Determinations: Investigation of Hot-Rolled Steel Flat Products from the Assistant Secretary for Enforcement Certain Cut-to-Length Carbon-Quality Steel Plate Brazil,’’ dated concurrently with this notice. and Compliance. Continued VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

53418 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices on Certain Cut-To-Length Carbon-Quality scope of this investigation unless specifically 7212.50.0000, 7214.91.0015, 7214.91.0060, Steel Plate Products From the Republic of excluded. The following products are outside 7214.91.0090, 7214.99.0060, 7214.99.0075, Korea (A–580–836; C–580–837), and of and/or specifically excluded from the 7214.99.0090, 7215.90.5000, 7226.99.0180, (2) Where the width and thickness vary for scope of this investigation: and 7228.60.6000. a specific product (e.g., the thickness of • Universal mill plates (i.e., hot-rolled, The HTSUS subheadings above are certain products with non-rectangular cross- flat-rolled products not in coils that have provided for convenience and U.S. Customs section, the width of certain products with been rolled on four faces or in a closed box purposes only. The written description of the non-rectangular shape, etc.), the pass, of a width exceeding 150 mm but not scope of the investigation is dispositive. measurement at its greatest width or exceeding 1250 mm, of a thickness not less thickness applies. than 4.0 mm, and without patterns in relief); Appendix II—List of Topics Discussed Steel products included in the scope of this • Products that have been cold-rolled in the Issues and Decision investigation are products in which: (1) Iron (cold-reduced) after hot-rolling; 3 Memorandum predominates, by weight, over each of the • Ball bearing steels; 4 other contained elements; (2) the carbon • Tool steels; 5 and I. Summary content is 2 percent or less, by weight; and • Silico-manganese steels; 6 Issues (3) none of the elements listed below exceeds The products subject to this investigation II. Background the quantity, by weight, respectively are currently classified in the Harmonized A. Case History indicated: Tariff Schedule of the United States (HTSUS) B. Period of Investigation • 2.50 percent of manganese, or under item numbers: 7208.10.1500, III. Final Determination of Critical • 3.30 percent of silicon, or 7208.10.3000, 7208.10.6000, 7208.25.3000, Circumstances, in Part • 1.50 percent of copper, or 7208.25.6000, 7208.26.0030, 7208.26.0060, IV. Scope of the Investigation • 1.50 percent of aluminum, or 7208.27.0030, 7208.27.0060, 7208.36.0030, V. Use of Adverse Facts Available • 1.25 percent of chromium, or 7208.36.0060, 7208.37.0030, 7208.37.0060, VI. Subsidies Valuation • 0.30 percent of cobalt, or 7208.38.0015, 7208.38.0030, 7208.38.0090, A. Allocation Period • 0.40 percent of lead, or 7208.39.0015, 7208.39.0030, 7208.39.0090, B. Attribution of Subsidies • 2.00 percent of nickel, or 7208.40.6030, 7208.40.6060, 7208.53.0000, C. Denominators • 0.30 percent of tungsten, or 7208.54.0000, 7208.90.0000, 7210.70.3000, VII. Interest Rates Benchmarks and Discount • 0.80 percent of molybdenum, or 7211.14.0030, 7211.14.0090, 7211.19.1500, Rates • 0.10 percent of niobium, or 7211.19.2000, 7211.19.3000, 7211.19.4500, VIII. Analysis of Programs • 0.30 percent of vanadium, or 7211.19.6000, 7211.19.7530, 7211.19.7560, A. Programs Determined To Be • 0.30 percent of zirconium. 7211.19.7590, 7225.11.0000, 7225.19.0000, Countervailable Unless specifically excluded, products are 7225.30.3050, 7225.30.7000, 7225.40.7000, B. Program Determined To Be Not included in this scope regardless of levels of 7225.99.0090, 7226.11.1000, 7226.11.9030, Countervailable boron and titanium. 7226.11.9060, 7226.19.1000, 7226.19.9000, C. Programs Determined To Be Not Used, For example, specifically included in this 7226.91.5000, 7226.91.7000, and or Not To Confer a Measurable Benefit, scope are vacuum degassed, fully stabilized 7226.91.8000. The products subject to the During the POI (commonly referred to as interstitial-free (IF)) investigation may also enter under the D. Program Determined Not To Exist steels, high strength low alloy (HSLA) steels, following HTSUS numbers: 7210.90.9000, IX. Analysis of Comments the substrate for motor lamination steels, 7211.90.0000, 7212.40.1000, 7212.40.5000, Comment 1: Whether To Apply AFA to Advanced High Strength Steels (AHSS), and Both the GOB and Respondents for the Ultra High Strength Steels (UHSS). IF steels 3 For purposes of this scope exclusion, rolling Reduction of IPI for Machines and are recognized as low carbon steels with operations such as a skin pass, levelling, temper Equipment Program micro-alloying levels of elements such as rolling or other minor rolling operations after the Comment 2: Whether the Reduction of IPI titanium and/or niobium added to stabilize hot-rolling process for purposes of surface finish, for Machines and Equipment Program Is carbon and nitrogen elements. HSLA steels flatness, shape control, or gauge control do not Countervailable are recognized as steels with micro-alloying constitute cold-rolling sufficient to meet this exclusion. Comment 3: Whether To Apply AFA for levels of elements such as chromium, copper, 4 Ball bearing steels are defined as steels which the Ex-Tarifário Program niobium, titanium, vanadium, and contain, in addition to iron, each of the following Comment 4: Whether Ex-Tarifário is De molybdenum. The substrate for motor elements by weight in the amount specified: (i) Not Facto Specific lamination steels contains micro-alloying less than 0.95 nor more than 1.13 percent of carbon; Comment 5: Whether Ex-Tarifário Provides levels of elements such as silicon and (ii) not less than 0.22 nor more than 0.48 percent a Financial Contribution aluminum. AHSS and UHSS are considered of manganese; (iii) none, or not more than 0.03 Comment 6: Whether the FINAME Loan high tensile strength and high elongation percent of sulfur; (iv) none, or not more than 0.03 Program Is Specific steels, although AHSS and UHSS are covered percent of phosphorus; (v) not less than 0.18 nor Comment 7: Whether To Apply AFA to whether or not they are high tensile strength more than 0.37 percent of silicon; (vi) not less than or high elongation steels. 1.25 nor more than 1.65 percent of chromium; (vii) Determine the Benefit of the FINAME Subject merchandise includes hot-rolled none, or not more than 0.28 percent of nickel; (viii) Program steel that has been further processed in a none, or not more than 0.38 percent of copper; and Comment 8: Whether To Re-Calculate the third country, including but not limited to (ix) none, or not more than 0.09 percent of FINAME Program for Usiminas molybdenum. Comment 9: Whether To Use a Company- pickling, oiling, levelling, annealing, 5 Tool steels are defined as steels which contain tempering, temper rolling, skin passing, Specific Interest Rate Benchmark To the following combinations of elements in the Calculate the FINAME Program Benefit painting, varnishing, trimming, cutting, quantity by weight respectively indicated: (i) More punching, and/or slitting, or any other for Usiminas than 1.2 percent carbon and more than 10.5 percent processing that would not otherwise remove chromium; or (ii) not less than 0.3 percent carbon Comment 10: Whether the Integrated the merchandise from the scope of the and 1.25 percent or more but less than 10.5 percent Drawback Scheme Is Countervailable investigation if performed in the country of chromium; or (iii) not less than 0.85 percent carbon Comment 11: Whether Usiminas Received manufacture of the hot-rolled steel. and 1 percent to 1.8 percent, inclusive, manganese; a Benefit From the Integrated Drawback All products that meet the written physical or (iv) 0.9 percent to 1.2 percent, inclusive, Scheme chromium and 0.9 percent to 1.4 percent, inclusive, Comment 12: Whether Reintegra Is mstockstill on DSK3G9T082PROD with NOTICES description, and in which the chemistry molybdenum; or (v) not less than 0.5 percent carbon Countervailable quantities do not exceed any one of the noted and not less than 3.5 percent molybdenum; or (vi) element levels listed above, are within the Comment 13: Whether to Recalculate the not less than 0.5 percent carbon and not less than 5.5 percent tungsten. Reintegra Subsidy Rate From India and the Republic of Korea; and Notice 6 Silico-manganese steel is defined as steels Comment 14: Whether CSN Applied for/ of Countervailing Duty Orders: Certain Cut-To- containing by weight: (i) Not more than 0.7 percent Used the Reintegra Program During the Length Carbon-Quality Steel Plate From France, of carbon; (ii) 0.5 percent or more but not more than POI India, Indonesia, Italy, and the Republic of Korea, 1.9 percent of manganese, and (iii) 0.6 percent or Comment 15: Whether the Exemption of 65 FR 6587 (February 10, 2000). more but not more than 2.3 percent of silicon. Payroll Tax Is Countervailable VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices 53419 Comment 16: Whether Subsidies Provided published the Preliminary Verification to UMSA Should Be Attributed to Determination, as well as a full Usiminas As provided in section 782(i) of the discussion of the issues raised by parties Act, in January, April, and June 2016, Comment 17: Whether the Economic Subvention to National Innovation for this final determination, may be the Department verified the sales, cost, Program Is Not Countervailable found in the Final Issues and Decision and further manufacturing data reported Comment 18: Whether FINEP’s Economic Memorandum.2 by the mandatory respondents Hyundai Subvention Program Has Not Conferred Also, as explained in the Steel Company and POSCO,5 pursuant a Measurable Benefit memorandum from the Acting Assistant to section 782(i) of the Act. We used Comment 19: Whether the Bahia State Secretary for Enforcement and standard verification procedures, Industrial Development and Economic Compliance, the Department exercised including an examination of relevant Integration Program (Desenvolve) Is De Jure Specific its authority to toll all administrative accounting and production records, and Comment 20: Whether the GOB’s deadlines due to the closure of the original source documents provided by References to Web sites Constitute a Full Federal Government.3 As a respondents. Response consequence, all deadlines in this Use of Adverse Facts Available X. Recommendation segment of the proceeding have been [FR Doc. 2016–19376 Filed 8–11–16; 8:45 am] extended by four business days. In making this final determination, BILLING CODE 3510–DS–P the Department relied, in part, on facts Scope of the Investigation available for both POSCO and Hyundai The products covered by this Steel Company. Furthermore, because DEPARTMENT OF COMMERCE investigation are certain hot-rolled steel Hyundai Steel Company did not act to flat products from Korea. For a complete the best of its ability in responding to International Trade Administration description of the scope of this certain of the Department’s requests for investigation, see the ‘‘Scope of the information, we drew an adverse [A–580–883] Investigation,’’ in Appendix II of this inference where appropriate in selecting Certain Hot-Rolled Steel Flat Products notice. from among the facts otherwise From the Republic of Korea: Final available.6 For further information, see Analysis of Comments Received the accompanying Final Issues and Determination of Sales at Less Than Fair Value All issues raised in the case and Decision Memorandum. rebuttal briefs by parties in this Changes to the Margin Calculations AGENCY: Enforcement and Compliance, investigation are addressed in the Final Since the Preliminary Determination International Trade Administration, Issues and Decision Memorandum, Based on our analysis of the Department of Commerce. which is hereby adopted by this notice.4 comments received and our findings at SUMMARY: The Department of Commerce A list of the issues raised is attached to verification, we made certain changes to (Department) determines that certain this notice as Appendix I. The Final hot-rolled steel flat products (hot-rolled the margin calculations for Hyundai Issues and Decision Memorandum is a Steel Company and POSCO. For a steel) from the Republic of Korea public document and is on file (Korea) are being, or are likely to be, discussion of these changes, see the electronically via Enforcement and Final Issues and Decision sold in the United States at less than fair Compliance’s Antidumping and value (LTFV). The period of Memorandum. We have also revised the Countervailing Duty Centralized all-others rate in accordance with the investigation (POI) is July 1, 2014, Electronic Service System (ACCESS). through June 30, 2015. The final methodology described below. ACCESS is available to registered users estimated weighted-average dumping at https://access.trade.gov and it is All-Others Rate margins are listed below in the ‘‘Final available to all parties in the Central Consistent with sections Determination’’ section of this notice. Records Unit, room B–8024 of the main 735(c)(1)(B)(i)(II) and 735(c)(5) of the DATES: Effective August 12, 2016. Department of Commerce building. In Act, the Department also calculated an FOR FURTHER INFORMATION CONTACT: addition, a complete version of the Final estimated all-others rate. Section Javier Barrientos or Matthew Renkey, Issues and Decision Memorandum can 735(c)(5)(A) of the Act provides that the AD/CVD Operations, Office V, be accessed directly at http:// estimated all-others rate shall be an Enforcement and Compliance, enforcement.trade.gov/frn/index.html. amount equal to the weighted average of International Trade Administration, The signed and electronic versions of the estimated weighted-average U.S. Department of Commerce, 14th the Final Issues and Decision dumping margins established for Street and Constitution Avenue, NW., Memorandum are identical in content. exporters and producers individually Washington, DC 20230; telephone: (202) investigated, excluding any zero and de 482–2243 or (202) 482–2312, 2 See Memorandum from Christian Marsh, Deputy minimis margins, and any margins respectively. Assistant Secretary for Antidumping and determined entirely under section 776 Countervailing Duty Operations, to Ronald K. of the Act. Where the rates for SUPPLEMENTARY INFORMATION: Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision investigated companies are zero or de Background minimis, or based entirely on facts Memorandum for the Final Affirmative The Department published the Determination in the Antidumping Duty otherwise available, section 735(c)(5)(B) preliminary determination on March 22, Investigation of Certain Hot-Rolled Steel Flat of the Act instructs the Department to Products from the Republic of Korea,’’ (Final Issues 2016.1 A summary of the events that establish an ‘‘all others’’ rate using ‘‘any mstockstill on DSK3G9T082PROD with NOTICES and Decision Memorandum), dated concurrently occurred since the Department with this determination and hereby adopted by this reasonable method.’’ notice. 1 See Certain Hot-Rolled Steel Flat Products from 3 See Memorandum to the File from Ron 5 We are continuing to collapse the mandatory the Republic of Korea: Affirmative Preliminary Lorentzen, Acting A/S for Enforcement & respondent POSCO and Daewoo International Determination of Sales at Less than Fair Value and Compliance, ‘‘Tolling of Administrative Deadlines Corporation (DWI), and henceforward refer to the Postponement of Final Determination, 81 FR 15228 As a Result of the Government Closure During collapsed entity as ‘‘POSCO.’’ See Preliminary (March 22, 2016) (Preliminary Determination), and Snowstorm Jonas,’’ dated January 27, 2016. Determination, 81 FR at 15229. accompanying Preliminary Decision Memorandum. 4 See Final Issues and Decision Memorandum. 6 See sections 776(a) and (b) of the Act. VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1


Document Created: 2018-02-09 11:32:59
Document Modified: 2018-02-09 11:32:59
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.
ContactSergio Balbontin, Nicholas Czajkowski, or Lana Nigro, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6478, (202) 482-1395, and (202) 482-1779, respectively.
FR Citation81 FR 53416 
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