81 FR 53419 - Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 156 (August 12, 2016)
International Trade Administration
Federal Register Volume 81, Issue 156 (August 12, 2016)
| Page Range | 53419-53421 | |
| FR Document | 2016-19380 |
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)] [Notices] [Pages 53419-53421] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19380] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-883] Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) 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: Javier Barrientos or Matthew Renkey, 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- 2243 or (202) 482-2312, respectively. SUPPLEMENTARY INFORMATION: Background 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\ --------------------------------------------------------------------------- \1\ See Certain Hot-Rolled Steel Flat Products from the Republic of Korea: Affirmative Preliminary Determination of Sales at Less than Fair Value and Postponement of Final Determination, 81 FR 15228 (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 the Republic of Korea,'' (Final Issues and Decision Memorandum), dated concurrently with this determination and hereby adopted by this notice. --------------------------------------------------------------------------- Also, as explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department exercised its authority to toll all administrative deadlines due to the closure of the Federal Government.\3\ As a consequence, all deadlines in this segment of the proceeding have been extended by four business days. --------------------------------------------------------------------------- \3\ See Memorandum to the File from Ron Lorentzen, Acting A/S for Enforcement & Compliance, ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016. --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are certain hot-rolled steel flat products from Korea. For a complete description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix II of this notice. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Final Issues and Decision Memorandum, which is hereby adopted by this notice.\4\ A list of the issues raised is attached to this notice as Appendix I. The Final Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the Central Records Unit, room B-8024 of the main Department of Commerce building. In addition, a complete version of the Final Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Final Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \4\ See Final Issues and Decision Memorandum. --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, in January, April, and June 2016, the Department verified the sales, cost, and further manufacturing data reported by the mandatory respondents Hyundai Steel Company and POSCO,\5\ pursuant to section 782(i) of the Act. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by respondents. --------------------------------------------------------------------------- \5\ We are continuing to collapse the mandatory respondent POSCO and Daewoo International Corporation (DWI), and henceforward refer to the collapsed entity as ``POSCO.'' See Preliminary Determination, 81 FR at 15229. --------------------------------------------------------------------------- Use of Adverse Facts Available In making this final determination, the Department relied, in part, on facts available for both POSCO and Hyundai Steel Company. Furthermore, because Hyundai Steel Company did not act to the best of its ability in responding to certain of the Department's requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.\6\ For further information, see the accompanying Final Issues and Decision Memorandum. --------------------------------------------------------------------------- \6\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- Changes to the Margin Calculations Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for Hyundai Steel Company and POSCO. For a discussion of these changes, see the Final Issues and Decision Memorandum. We have also revised the all- others rate in accordance with the methodology described below. 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.'' [[Page 53420]] In this investigation, we calculated weighted-average dumping margins for Hyundai Steel Company and POSCO that are above de minimis and which are not based on total facts available. Accordingly, for the final determination, consistent with the Act and the Department's practice, the Department calculated the margin for the all-others rate using the ranged total sales values reported by POSCO and Hyundai Steel from the public versions of their submissions.\7\ --------------------------------------------------------------------------- \7\ See Memorandum to the File, ``Investigation of Certain Hot- Rolled Steel Flat Products from the Republic of Korea, All-Others Rate Calculation,'' dated August 4, 2016. We note that it is the Department's practice to calculate (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration. We would compare (B) and (C) to (A) and select the rate closest to (A) as the most appropriate rate for all other companies. See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). --------------------------------------------------------------------------- Final Determination Margins The Department determines that the following estimated weighted- average dumping margins exist: ------------------------------------------------------------------------ Weighted-average Exporter/Manufacturer dumping margins Cash deposit rate (percent) (percent) ------------------------------------------------------------------------ Hyundai Steel Company............. 9.49 9.49 POSCO............................. 3.89 0.00 All Others........................ 5.55 5.55 ------------------------------------------------------------------------ Disclosure We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of the date of public announcement of our final determination, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of hot-rolled steel from Korea, which were entered, or withdrawn from warehouse, for consumption on or after March 22, 2016 (the date of publication of the affirmative Preliminary Determination). Where the product under investigation is also subject to a concurrent countervailing duty investigation, we instruct CBP to require a cash deposit less the amount of the countervailing duty determined to constitute any export subsidies. Because of the affirmative final determination in the countervailing duty investigation, suspension of liquidation will be ordered in that investigation, and so long as suspension of liquidation continues under this antidumping duty investigation, the cash deposit rates for this antidumping duty investigation will be the rates identified in the cash deposit rate column in the rate chart, above. In the event that a countervailing duty order is issued and suspension of liquidation continues in the companion countervailing duty investigation on hot- rolled steel from the Korea, the Department will continue to instruct CBP to require cash deposits adjusted by the amount of export subsidies, as appropriate. These adjustments are reflected in the final column of the rate chart, above. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of hot-rolled steel from Korea no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders (APOs) This notice serves as a reminder to parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. This determination and notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. Dated: 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. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Changes Since the Preliminary Determination VII. Discussion of the Issues Company-Specific Comments POSCO 1. Correction of Errors in the Margin Calculation 2. The Correct Code for Prime Merchandise to Use in the Margin Calculation 3. CEP Offset 4. Treatment of Side-Trimming Costs Accepted as a Minor Correction 5. Foreign Brokerage and Handling Expense for Channel 5 Sales 6. Revision of Further Manufacturing Costs for Non-Prime Channel 5 Sales 7. Date of Sale Hyundai Steel 8. Reporting of Inland Freight, International Freight, Marine Insurance and Other Services Provided by Affiliated Companies 9. CEP Offset 10. Date of Sale 11. Differential Pricing 12. Hyundai Steel Calculation Issues 13. Certain Home Market Customers 14. Hyundai Steel America Channel 5 Issues 15. Affiliated Home Market Resales [[Page 53421]] VIII. 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 \8\ or countervailing duty \9\ orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products From the Republic of Korea (A-580-836; C-580-837), and --------------------------------------------------------------------------- \8\ 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). \9\ 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). --------------------------------------------------------------------------- (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; \10\ --------------------------------------------------------------------------- \10\ 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. --------------------------------------------------------------------------- Ball bearing steels; \11\ --------------------------------------------------------------------------- \11\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- Tool steels; \12\ and --------------------------------------------------------------------------- \12\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steels; \13\ --------------------------------------------------------------------------- \13\ 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. --------------------------------------------------------------------------- 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. 2016-19380 Filed 8-11-16; 8:45 am] BILLING CODE 3510-DS-P
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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](https://thefederalregister.org/doc/81_FR_53575/page/1.svg)
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VIII. Recommendation • 0.40 percent of lead, or • Tool steels; 12 and
• 2.00 percent of nickel, or • Silico-manganese steels; 13
Appendix II—Scope of the Investigation • 0.30 percent of tungsten, or The products subject to this investigation
The products covered by this investigation • 0.80 percent of molybdenum, or are currently classified in the Harmonized
are certain hot-rolled, flat-rolled steel • 0.10 percent of niobium, or Tariff Schedule of the United States (HTSUS)
products, with or without patterns in relief, • 0.30 percent of vanadium, or under item numbers: 7208.10.1500,
and whether or not annealed, painted, • 0.30 percent of zirconium. 7208.10.3000, 7208.10.6000, 7208.25.3000,
varnished, or coated with plastics or other Unless specifically excluded, products are 7208.25.6000, 7208.26.0030, 7208.26.0060,
non-metallic substances. The products included in this scope regardless of levels of 7208.27.0030, 7208.27.0060, 7208.36.0030,
covered do not include those that are clad, boron and titanium. 7208.36.0060, 7208.37.0030, 7208.37.0060,
plated, or coated with metal. The products For example, specifically included in this 7208.38.0015, 7208.38.0030, 7208.38.0090,
covered include coils that have a width or scope are vacuum degassed, fully stabilized 7208.39.0015, 7208.39.0030, 7208.39.0090,
other lateral measurement (width) of 12.7 (commonly referred to as interstitial-free (IF)) 7208.40.6030, 7208.40.6060, 7208.53.0000,
mm or greater, regardless of thickness, and steels, high strength low alloy (HSLA) steels, 7208.54.0000, 7208.90.0000, 7210.70.3000,
regardless of form of coil (e.g., in the substrate for motor lamination steels, 7211.14.0030, 7211.14.0090, 7211.19.1500,
successively superimposed layers, spirally Advanced High Strength Steels (AHSS), and 7211.19.2000, 7211.19.3000, 7211.19.4500,
oscillating, etc.). The products covered also Ultra High Strength Steels (UHSS). IF steels 7211.19.6000, 7211.19.7530, 7211.19.7560,
include products not in coils (e.g., in straight are recognized as low carbon steels with 7211.19.7590, 7225.11.0000, 7225.19.0000,
lengths) of a thickness of less than 4.75 mm micro-alloying levels of elements such as 7225.30.3050, 7225.30.7000, 7225.40.7000,
and a width that is 12.7 mm or greater and titanium and/or niobium added to stabilize 7225.99.0090, 7226.11.1000, 7226.11.9030,
that measures at least 10 times the thickness. carbon and nitrogen elements. HSLA steels 7226.11.9060, 7226.19.1000, 7226.19.9000,
The products described above may be are recognized as steels with micro-alloying 7226.91.5000, 7226.91.7000, and
rectangular, square, circular, or other shape levels of elements such as chromium, copper, 7226.91.8000. The products subject to the
and include products of either rectangular or niobium, titanium, vanadium, and investigation may also enter under the
non-rectangular cross-section where such molybdenum. The substrate for motor following HTSUS numbers: 7210.90.9000,
cross-section is achieve subsequent to the lamination steels contains micro-alloying 7211.90.0000, 7212.40.1000, 7212.40.5000,
rolling process, i.e., products which have levels of elements such as silicon and 7212.50.0000, 7214.91.0015, 7214.91.0060,
been ‘‘worked after rolling’’ (e.g., products aluminum. AHSS and UHSS are considered 7214.91.0090, 7214.99.0060, 7214.99.0075,
which have been beveled or rounded at the high tensile strength and high elongation 7214.99.0090, 7215.90.5000, 7226.99.0180,
edges). For purposes of the width and steels, although AHSS and UHSS are covered and 7228.60.6000.
thickness requirements referenced above: whether or not they are high tensile strength The HTSUS subheadings above are
(1) Where the nominal and actual or high elongation steels. provided for convenience and U.S. Customs
measurements vary, a product is within the Subject merchandise includes hot-rolled purposes only. The written description of the
scope if application of either the nominal or steel that has been further processed in a scope of the investigation is dispositive.
actual measurement would place it within third country, including but not limited to
pickling, oiling, levelling, annealing, [FR Doc. 2016–19380 Filed 8–11–16; 8:45 am]
the scope based on the definitions set forth
above unless the resulting measurement tempering, temper rolling, skin passing, BILLING CODE 3510–DS–P
makes the product covered by the existing painting, varnishing, trimming, cutting,
antidumping 8 or countervailing duty 9 orders punching, and/or slitting, or any other
on Certain Cut-To-Length Carbon-Quality processing that would not otherwise remove DEPARTMENT OF COMMERCE
Steel Plate Products From the Republic of the merchandise from the scope of the
investigation if performed in the country of [International Trade Administration
Korea (A–580–836; C–580–837), and
manufacture of the hot-rolled steel. [A–421–813]
(2) where the width and thickness vary for
a specific product (e.g., the thickness of All products that meet the written physical
certain products with non-rectangular cross- description, and in which the chemistry Certain Hot-Rolled Steel Flat Products
section, the width of certain products with quantities do not exceed any one of the noted From the Netherlands: Final
non-rectangular shape, etc.), the element levels listed above, are within the Determination of Sales at Less Than
measurement at its greatest width or scope of this investigation unless specifically Fair Value and Negative Final
thickness applies. excluded. The following products are outside Determination of Critical
Steel products included in the scope of this of and/or specifically excluded from the
Circumstances
investigation are products in which: (1) Iron scope of this investigation:
predominates, by weight, over each of the • Universal mill plates (i.e., hot-rolled, AGENCY: Enforcement and Compliance,
other contained elements; (2) the carbon flat-rolled products not in coils that have International Trade Administration,
been rolled on four faces or in a closed box
content is 2 percent or less, by weight; and Department of Commerce.
pass, of a width exceeding 150 mm but not
(3) none of the elements listed below exceeds
exceeding 1250 mm, of a thickness not less
the quantity, by weight, respectively none, or not more than 0.28 percent of nickel; (viii)
than 4.0 mm, and without patterns in relief);
indicated: none, or not more than 0.38 percent of copper; and
• Products that have been cold-rolled
• 2.50 percent of manganese, or (ix) none, or not more than 0.09 percent of
(cold-reduced) after hot-rolling; 10
• 3.30 percent of silicon, or molybdenum.
• Ball bearing steels; 11
• 1.50 percent of copper, or 12 Tool steels are defined as steels which contain
• 1.50 percent of aluminum, or 10 For purposes of this scope exclusion, rolling
the following combinations of elements in the
quantity by weight respectively indicated: (i) More
• 1.25 percent of chromium, or
operations such as a skin pass, levelling, temper than 1.2 percent carbon and more than 10.5 percent
• 0.30 percent of cobalt, or rolling or other minor rolling operations after the chromium; or (ii) not less than 0.3 percent carbon
hot-rolling process for purposes of surface finish, and 1.25 percent or more but less than 10.5 percent
8 Notice of Amendment of Final Determinations flatness, shape control, or gauge control do not chromium; or (iii) not less than 0.85 percent carbon
of Sales at Less Than Fair Value and Antidumping constitute cold-rolling sufficient to meet this and 1 percent to 1.8 percent, inclusive, manganese;
Duty Orders: Certain Cut-To-Length Carbon-Quality exclusion. or (iv) 0.9 percent to 1.2 percent, inclusive,
Steel Plate Products From France, India, Indonesia, 11 Ball bearing steels are defined as steels which chromium and 0.9 percent to 1.4 percent, inclusive,
mstockstill on DSK3G9T082PROD with NOTICES
Italy, Japan and the Republic of Korea, 65 FR 6585 contain, in addition to iron, each of the following molybdenum; or (v) not less than 0.5 percent carbon
(February 10, 2000). elements by weight in the amount specified: (i) Not and not less than 3.5 percent molybdenum; or (vi)
9 Notice of Amended Final Determinations: less than 0.95 nor more than 1.13 percent of carbon; not less than 0.5 percent carbon and not less than
Certain Cut-to-Length Carbon-Quality Steel Plate (ii) not less than 0.22 nor more than 0.48 percent 5.5 percent tungsten.
From India and the Republic of Korea; and Notice of manganese; (iii) none, or not more than 0.03 13 Silico-manganese steel is defined as steels
of Countervailing Duty Orders: Certain Cut-To- percent of sulfur; (iv) none, or not more than 0.03 containing by weight: (i) Not more than 0.7 percent
Length Carbon-Quality Steel Plate From France, percent of phosphorus; (v) not less than 0.18 nor of carbon; (ii) 0.5 percent or more but not more than
India, Indonesia, Italy, and the Republic of Korea, more than 0.37 percent of silicon; (vi) not less than 1.9 percent of manganese, and (iii) 0.6 percent or
65 FR 6587 (February 10, 2000). 1.25 nor more than 1.65 percent of chromium; (vii) more but not more than 2.3 percent of silicon.
VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1](https://thefederalregister.org/doc/81_FR_53575/page/3.svg)
Document Created: 2018-02-09 11:33:37
Document Modified: 2018-02-09 11:33:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective August 12, 2016. | |
| Contact | Javier Barrientos or Matthew Renkey, 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- 2243 or (202) 482-2312, respectively. | |
| FR Citation | 81 FR 53419 |
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