81 FR 53421 - Certain Hot-Rolled Steel Flat Products From the Netherlands: Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances
DEPARTMENT OF COMMERCE Federal Register Volume 81, Issue 156 (August 12, 2016)
Federal Register Volume 81, Issue 156 (August 12, 2016)
| Page Range | 53421-53424 | |
| FR Document | 2016-19371 |
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)] [Notices] [Pages 53421-53424] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19371] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE [International Trade Administration [A-421-813] Certain Hot-Rolled Steel Flat Products From the Netherlands: Final Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. [[Page 53422]] SUMMARY: The Department of Commerce (the Department) determines that imports of certain hot-rolled steel flat products (hot-rolled steel) from the Netherlands 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 dumping margins of sales at LTFV are listed in the ``Final Determination'' section of this notice. DATES: Effective August 12, 2016. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665. SUPPLEMENTARY INFORMATION: Background On March 22, 2016, the Department published the Preliminary Determination of this antidumping duty (AD) investigation.\1\ The following events occurred since the Preliminary Determination was issued. In June 2016, AK Steel Corporation (one of the petitioners) \2\ and Tata Steel IJmuiden B.V. (TSIJ) submitted case briefs \3\ and rebuttal briefs.\4\ A hearing was held on June 24, 2016. --------------------------------------------------------------------------- \1\ See Certain Hot-Rolled Steel Flat Products from the Netherlands: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 81 FR 15225 (March 22, 2016) (Preliminary Determination). \2\ AK Steel Corporation (AK Steel), ArcelorMittal USA LLC, Nucor Corporation, SSAB Enterprises, LLC, Steel Dynamics, Inc., and United States Steel Corporation (collectively, the petitioners). \3\ See Letter from AK Steel Corporation, ``Certain Hot-Rolled Steel Flat Products From The Netherlands: Petitioner's Case Brief'' (June 9, 2016); and Letter from TSIJ, ``Certain Hot-Rolled Steel Flat Products From The Netherlands: Case Brief of Tata Steel IJmuiden BV'' (June 9, 2016). \4\ See Letter from AK Steel Corporation ``Certain Hot-Rolled Steel Flat Products From The Netherlands: Petitioner's Rebuttal Brief'' (June 20, 2016). --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are certain hot-rolled steel flat products from the Netherlands. For a complete description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I of this notice. Scope Comments In the Preliminary Scope Decision Memorandum,\5\ the Department set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues. In the Preliminary Determination, we did not modify the scope language as it appeared in the Initiation Notice.\6\ No interested parties submitted scope comments in case or rebuttal briefs; therefore, the scope of this investigation remains unchanged for this final determination. --------------------------------------------------------------------------- \5\ 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 (Preliminary Scope Decision Memorandum). \6\ See Preliminary Determination and accompanying Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled ``Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Certain Hot-Rolled Steel Flat Products from the Netherlands'' at page 4. See also Certain Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, the Republic of Korea, the Netherlands, The Republic of Turkey, and the United Kingdom: Initiation of Less-Than-Fair-Value Investigations, 80 FR 54261, 54262 (September 9, 2015) (Initiation Notice). --------------------------------------------------------------------------- Analysis of the Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice.\7\ A list of the issues raised is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the Central Records Unit, room B-8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \7\ See Memorandum from Deputy Assistant Secretary Christian Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less than Fair Value Investigation of Certain Hot-Rolled Steel Flat Products from the Netherlands,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in March and April 2016, the Department verified the sales and cost data reported by the mandatory respondent. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by TSIJ.\8\ --------------------------------------------------------------------------- \8\ See Memorandum to the File entitled ``Verification of the Sales Response of Tata Steel IJmuiden B.V. in the Less-Than-Fair- Value Investigation of Certain Hot-Rolled Steel Flat Products from the Netherlands,'' dated April 13, 2016, and Memorandum to the File entitled ``Verification of the Cost Response of Tata Steel IJmuiden BV in the Investigation of Certain Hot-Rolled Steel Flat Products from the Netherlands,'' dated June 1, 2016. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our analysis of the comments received, pre-verification corrections, and our findings at verification, we made certain changes to the margin calculations for TSIJ. For a discussion of these changes, see the ``Margin Calculations'' and ``Comparisons to Fair Value'' sections of the Issues and Decision Memorandum. We have also revised the all-others rate 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 or de minimis margins, and margins determined entirely under section 776 of the Act. The Department calculated a company-specific rate for TSIJ that is not zero, de minimis or determined entirely under section 776 of the Act. Therefore, for purposes of determining the ``all-others'' rate and pursuant to section 735(c)(5)(A) of the Act, we are using the weighted-average dumping margin calculated for TSIJ as the estimated weighted-average dumping margin assigned to all other producers and exporters of the merchandise under consideration. Final Determination The Department determines that the final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/Producer margin (percent) ------------------------------------------------------------------------ Tata Steel IJmuiden B.V..................................... 3.73 All-Others.................................................. 3.73 ------------------------------------------------------------------------ Final Negative Determination of Critical Circumstances On December 9, 2015, the Department preliminarily found that critical [[Page 53423]] circumstances do not exist for imports of hot-rolled steel from the Netherlands.\9\ Based on the final dumping margin we established for TSIJ and ``all others,'' we are not modifying our preliminary finding for the final determination. For a complete discussion of this issue, see the ``Critical Circumstances'' section of the Issues and Decision Memorandum. --------------------------------------------------------------------------- \9\ 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, 76446-47 (December 9, 2015). --------------------------------------------------------------------------- Disclosure We intend to disclose the calculations performed to interested parties within five days after the public announcement of this final determination in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of hot-rolled steel from the Netherlands, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after March 22, 2016, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Further, pursuant to section 735(c)(1)(B)(ii) of the Act, CBP shall require a cash deposit equal to the estimated amount by which normal value exceeds U.S. price, as follows: (1) For the exporter/producer listed in the table above, the cash deposit rate will be equal to the weighted-average dumping margin which the Department determined in this final determination; the cash deposit rate for the mandatory respondent listed above will be equal to the estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a firm identified in this investigation but the producer is, then the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the producer of the subject merchandise; (3) the cash deposit rate for all other producers or exporters will be 3.73 percent, as discussed in the ``All Others Rate'' section, above. These instructions suspending liquidation will remain in effect until further notice. U.S. 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 the Netherlands no later than 45 days after our final determination. If the ITC determines that material injury or threat of material 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, as discussed above in the ``Continuation of Suspension of Liquidation'' section. 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. Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the 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 subject to sanction. This determination is issued and published pursuant to sections 735(d) and 777(i)(l) of the Act. 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 \10\ or countervailing duty \11\ orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products From the Republic of Korea (A-580-836; C-580-837), and --------------------------------------------------------------------------- \10\ 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). \11\ 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 [[Page 53424]] (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; \12\ --------------------------------------------------------------------------- \12\ 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; \13\ --------------------------------------------------------------------------- \13\ 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; \14\ and --------------------------------------------------------------------------- \14\ 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; \15\ --------------------------------------------------------------------------- \15\ 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Critical Circumstances IV. Scope of the Investigation V. Margin Calculations VI. Comparisons to Fair Value VII. Discussion of the Issues Comment 1: Purchases of Raw Material Inputs Comment 2: G&A Expenses Ratio Comment 3: TSIJ's B-Slab Adjustment to Cost of Manufacturing VIII. Recommendation [FR Doc. 2016-19371 Filed 8-11-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices 53421
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.
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(commonly referred to as interstitial-free (IF)) • Tool steels; 14 and Appendix II
steels, high strength low alloy (HSLA) steels, • Silico-manganese steels; 15
the substrate for motor lamination steels, The products subject to this investigation List of Topics Discussed in the Issues and
Advanced High Strength Steels (AHSS), and are currently classified in the Harmonized Decision Memorandum
Ultra High Strength Steels (UHSS). IF steels Tariff Schedule of the United States (HTSUS) I. Summary
are recognized as low carbon steels with under item numbers: 7208.10.1500, II. Background
micro-alloying levels of elements such as 7208.10.3000, 7208.10.6000, 7208.25.3000, III. Critical Circumstances
titanium and/or niobium added to stabilize 7208.25.6000, 7208.26.0030, 7208.26.0060, IV. Scope of the Investigation
carbon and nitrogen elements. HSLA steels 7208.27.0030, 7208.27.0060, 7208.36.0030, V. Margin Calculations
are recognized as steels with micro-alloying 7208.36.0060, 7208.37.0030, 7208.37.0060, VI. Comparisons to Fair Value
levels of elements such as chromium, copper, 7208.38.0015, 7208.38.0030, 7208.38.0090, VII. Discussion of the Issues
niobium, titanium, vanadium, and 7208.39.0015, 7208.39.0030, 7208.39.0090, Comment 1: Purchases of Raw Material
molybdenum. The substrate for motor 7208.40.6030, 7208.40.6060, 7208.53.0000, Inputs
lamination steels contains micro-alloying 7208.54.0000, 7208.90.0000, 7210.70.3000, Comment 2: G&A Expenses Ratio
levels of elements such as silicon and 7211.14.0030, 7211.14.0090, 7211.19.1500, Comment 3: TSIJ’s B-Slab Adjustment to
aluminum. AHSS and UHSS are considered 7211.19.2000, 7211.19.3000, 7211.19.4500, Cost of Manufacturing
high tensile strength and high elongation 7211.19.6000, 7211.19.7530, 7211.19.7560, VIII. Recommendation
steels, although AHSS and UHSS are covered 7211.19.7590, 7225.11.0000, 7225.19.0000,
whether or not they are high tensile strength 7225.30.3050, 7225.30.7000, 7225.40.7000, [FR Doc. 2016–19371 Filed 8–11–16; 8:45 am]
or high elongation steels. 7225.99.0090, 7226.11.1000, 7226.11.9030, BILLING CODE 3510–DS–P
Subject merchandise includes hot-rolled 7226.11.9060, 7226.19.1000, 7226.19.9000,
steel that has been further processed in a 7226.91.5000, 7226.91.7000, and
third country, including but not limited to 7226.91.8000. The products subject to the DEPARTMENT OF COMMERCE
pickling, oiling, levelling, annealing, investigation may also enter under the
tempering, temper rolling, skin passing, following HTSUS numbers: 7210.90.9000, International Trade Administration
painting, varnishing, trimming, cutting, 7211.90.0000, 7212.40.1000, 7212.40.5000,
punching, and/or slitting, or any other 7212.50.0000, 7214.91.0015, 7214.91.0060,
processing that would not otherwise remove 7214.91.0090, 7214.99.0060, 7214.99.0075, [A–351–845]
the merchandise from the scope of the 7214.99.0090, 7215.90.5000, 7226.99.0180,
investigation if performed in the country of and 7228.60.6000. Certain Hot-Rolled Steel Flat Products
manufacture of the hot-rolled steel. The HTSUS subheadings above are From Brazil: Final Determination of
All products that meet the written physical provided for convenience and U.S. Customs Sales at Less Than Fair Value and
description, and in which the chemistry purposes only. The written description of the Final Affirmative Determination of
quantities do not exceed any one of the noted scope of the investigation is dispositive. Critical Circumstances, in Part
element levels listed above, are within the
scope of this investigation unless specifically of manganese; (iii) none, or not more than 0.03 AGENCY: Enforcement and Compliance,
excluded. The following products are outside percent of sulfur; (iv) none, or not more than 0.03 International Trade Administration,
of and/or specifically excluded from the percent of phosphorus; (v) not less than 0.18 nor Department of Commerce.
scope of this investigation: more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii) SUMMARY: The Department of Commerce
• Universal mill plates (i.e., hot-rolled,
flat-rolled products not in coils that have
none, or not more than 0.28 percent of nickel; (viii) (the Department) determines that certain
none, or not more than 0.38 percent of copper; and hot-rolled steel flat products (hot-rolled
been rolled on four faces or in a closed box (ix) none, or not more than 0.09 percent of
pass, of a width exceeding 150 mm but not molybdenum. steel) from Brazil are being, or are likely
exceeding 1250 mm, of a thickness not less 14 Tool steels are defined as steels which contain to be, sold in the United States at less
than 4.0 mm, and without patterns in relief); the following combinations of elements in the than fair value (LTFV). The period of
• Products that have been cold-rolled quantity by weight respectively indicated: (i) More investigation (POI) is July 1, 2014,
(cold-reduced) after hot-rolling; 12 than 1.2 percent carbon and more than 10.5 percent
chromium; or (ii) not less than 0.3 percent carbon through June 30, 2015. The final
• Ball bearing steels; 13 dumping margins of sales at LTFV are
and 1.25 percent or more but less than 10.5 percent
chromium; or (iii) not less than 0.85 percent carbon listed below in the ‘‘Final
12 For purposes of this scope exclusion, rolling
and 1 percent to 1.8 percent, inclusive, manganese;
operations such as a skin pass, levelling, temper or (iv) 0.9 percent to 1.2 percent, inclusive,
Determination’’ section of this notice.
rolling or other minor rolling operations after the chromium and 0.9 percent to 1.4 percent, inclusive, DATES: Effective August 12, 2016.
hot-rolling process for purposes of surface finish, molybdenum; or (v) not less than 0.5 percent carbon
flatness, shape control, or gauge control do not and not less than 3.5 percent molybdenum; or (vi)
FOR FURTHER INFORMATION CONTACT:
constitute cold-rolling sufficient to meet this not less than 0.5 percent carbon and not less than Peter Zukowski, AD/CVD Operations,
exclusion. 5.5 percent tungsten. Office I, Enforcement and Compliance,
13 Ball bearing steels are defined as steels which 15 Silico-manganese steel is defined as steels
International Trade Administration,
contain, in addition to iron, each of the following containing by weight: (i) Not more than 0.7 percent
elements by weight in the amount specified: (i) Not of carbon; (ii) 0.5 percent or more but not more than
U.S. Department of Commerce, 1401
less than 0.95 nor more than 1.13 percent of carbon; 1.9 percent of manganese, and (iii) 0.6 percent or Constitution Avenue NW., Washington,
(ii) not less than 0.22 nor more than 0.48 percent more but not more than 2.3 percent of silicon. DC 20230; telephone: (202) 482–0189.
mstockstill on DSK3G9T082PROD with NOTICES
VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1](https://thefederalregister.org/doc/81_FR_53577/page/4.svg)
Document Created: 2018-02-09 11:33:09
Document Modified: 2018-02-09 11:33:09
| 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 | Dmitry Vladimirov, 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) 482-0665. | |
| FR Citation | 81 FR 53421 |
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