81_FR_53584 81 FR 53428 - Certain Hot-Rolled Steel Flat Products From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value

81 FR 53428 - Certain Hot-Rolled Steel Flat Products From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range53428-53431
FR Document2016-19373

The Department of Commerce (the Department) determines that imports of certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Turkey (Turkey) 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 below in the ``Final Determination'' section of this notice.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53428-53431]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19373]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-826]


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

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

SUMMARY: The Department of Commerce (the Department) determines that 
imports of certain hot-rolled steel flat products (hot-rolled steel) 
from the Republic of Turkey (Turkey) 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 below in the ``Final 
Determination'' section of this notice.

DATES: Effective August 12, 2016.

FOR FURTHER INFORMATION CONTACT: Toni Page or Alexander Cipolla, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1398 or (202) 482-4956, respectively.

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.
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    \1\ See Certain Hot-Rolled Steel Flat Products From the Republic 
of Turkey: Affirmative Preliminary Determination of Sales at Less 
Than Fair Value and Postponement of Final Determination, 81 FR 15231 
(March 22, 2016) (Preliminary Determination) and accompanying 
Preliminary Decision Memorandum.
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    The Department received case and rebuttal briefs from Petitioners, 
Erdemir, and Colakoglu between June 7 and June 20, 2016.\2\ A hearing 
was held on June 23, 2016.\3\
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    \2\ See the ``Table of Authorities'' in the Final Issues and 
Decision Memorandum for a complete list of case and rebuttal briefs 
filed.
    \3\ See ``Transcript of Hearing in the Antidumping Duty 
Investigation of Certain Hot-Rolled Steel Flat Products from the 
Republic of Turkey'' (June 30, 2016).
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Scope of the Investigation

    The products covered by this investigation are hot-rolled steel 
flat products from Turkey. For a full 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,\4\ the Department set 
aside a period of time for parties to address scope issues in case 
briefs or other written comments on scope issues.
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    \4\ 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).
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    In the Preliminary Determination, we did not modify the scope 
language as it appeared in the Initiation Notice.\5\ No interested 
parties submitted scope comments in case or rebuttal briefs; therefore, 
the scope of this investigation remains unchanged for this final 
determination.
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    \5\ 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 
Republic of Turkey'' at page 5. 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).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Final Issues and Decision 
Memorandum, which is hereby adopted by this notice.\6\ A list of the 
issues raised is attached to this notice as Appendix II. 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.
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    \6\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, entitled ``Issues and 
Decision Memorandum for the Final Determination in the Antidumping 
Duty Investigation of Certain Hot-Rolled Steel Flat Products from 
the Republic of Turkey,'' dated August 4, 2016 (Final Issues and 
Decision Memorandum).
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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in March, April, and May 2016, the Department verified the 
sales and cost data reported by the mandatory respondents Colakoglu 
Metalurji A.S. (Colakoglu), Colakoglu Dis Ticaret A.S. (COTAS), and 
Medtrade Incorporated (Medtrade) (collectively, Colakoglu) and Eregli 
Demir ve Celik Fabrikalari T.A.S. (Erdemir) and Iskenderun Demir Ve 
Celik (Iskenderun) (collectively, Erdemir). We used standard 
verification procedures, including an examination of

[[Page 53429]]

relevant accounting and production records, and original source 
documents provided by respondents.\7\
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    \7\ See Memorandum to the File, ``Verification of the Sales 
Response of Colakoglu Metalurji A.S. (Metalurji), Colakoglu Dis 
Ticaret A.S. (COTAS), and Medtrade Incorporated (Medtrade) in the 
Antidumping Duty Investigation of Hot-Rolled Steel Flat Products 
from the Republic of Turkey,'' (June 1, 2016) (Colakoglu Sales 
Verification Report); see also Memoradum to the File, ``Verification 
of the U.S. Sales Responses of Colakoglu Metalurji A.S. (Metalurji), 
Colakoglu Dis Ticaret A.S. (COTAS),and Medtrade Incorporated 
(Medtrade) in the Antidumping Duty Investigation of Hot-Rolled Steel 
Flat Products from the Republic of Turkey,'' (June 1, 2016) 
(Colakoglu CEP Sales Verification Report); see also Memoradum to the 
File, ``Verification of the Cost Response of Colakoglu Metalurji 
A.S. and its Affiliates in the Antidumping Duty Investigation of 
Hot-Rolled Steel Flat Product from Turkey,'' (June 1, 2016) 
(Colakoglu Cost Verification Report); see also Memorandum to the 
File, ``Verification of the Sales Response of Ere[gbreve]li Demir ve 
[Ccedil]elik Fabrikalar[inodot] T.A.[Scedil]. in the Antidumping 
Investigation of Hot Rolled Steel Flat Products from Turkey,'' (May 
31, 2016) (Erdemir Sales Verification Report); see also Memorandum 
to the File, ``Verification of the Cost Response of Eregli Demir ve 
Celik Fabrikalari T.A.S. and its affiliates Iskenderun Demir Ve 
Celik,'' (May 30, 2016) (Erdemir Cost Verification Report).
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Changes 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 
Colakoglu and Erdemir. For a discussion of these changes, see the Final 
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. Where the rates for investigated companies are zero or de 
minimis, or based entirely on facts otherwise available, section 
735(c)(5)(B) of the Act instructs the Department to establish an ``all 
others'' rate using ``any reasonable method.''
    In this investigation, we calculated weighted-average dumping 
margins for Colakoglu and Erdemir, that are above de minimis and which 
are not based entirely on facts available. We calculated the all-others 
rate using a weighted-average of the dumping margins calculated for the 
mandatory respondents using each company's publicly-ranged values for 
the merchandise under consideration.\8\
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    \8\ With two respondents, we normally calculate (A) a weighted-
average of the dumping margins calculated for the mandatory 
respondents; (B) a simple average of the dumping margins calculated 
for the mandatory respondents; and (C) a weighted-average of the 
dumping margins calculated for the mandatory respondents using each 
company's publicly-ranged values for the merchandise under 
consideration. We would compare (B) and (C) to (A) and select the 
rate closest to (A) as the most appropriate rate for all other 
companies. See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). As complete publicly ranged sales data was 
available, we based the all-others rate on the publically ranged 
sales data of the mandatory respondents. For a complete BPI 
explanation, please see Memorandum to the File, entitled 
``Antidumping Duty Investigation of Hot-Rolled Steel Flat Products 
from the Republic of Turkey: Final Determination Calculation for the 
`All-Others' Rate,'' dated August 4, 2016 (All-Others Calculation 
Memorandum).
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Final Determination

    The Department determines that the final weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                             Weighted-     Cash deposit
            Exporter/producer             average margin       rate
                                             (percent)       (percent)
------------------------------------------------------------------------
Colakoglu Metalurji A.S./Colakoglu Dis              7.15            7.15
 Ticaret A.S.\9\........................
Eregli Demir ve Celik Fabrikalari T.A.S./           3.66            3.65
 Iskenderun Demir Ve Celik \10\.........
All-Others..............................            6.67            6.67
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to interested 
parties within five days of the public announcement of this final 
determination in accordance with 19 CFR 351.224(b).
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    \9\ As in the Preliminary Determination, the Department 
continues to find that Colakoglu Metalurji A.S. and Colakoglu Dis 
Ticaret A.S. are a single entity. See ``the ``Affiliation and 
Collapsing'' section of the Preliminary Decision Memorandum.
    \10\ As in the Preliminary Determination, the Department 
continues to find that Eregli Demir ve Celik Fabrikalari T.A.S. and 
Iskenderun Demir Ve Celik are a single entity. See the ``Affiliation 
and Collapsing'' section of the Preliminary Decision Memorandum.
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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 Turkey, 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. We also will instruct CBP to 
require a cash deposit equal to the weighted-average amount by which 
normal value exceeds U.S. price, as indicated in the table above, 
adjusted, where appropriate, for export subsidies.
    As noted above, 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. Therefore, in the 
event that a countervailing duty order is issued and suspension of 
liquidation is resumed in the companion countervailing duty 
investigation on hot-rolled steel from Turkey, the Department will 
instruct CBP to require cash deposits adjusted by the amount of export 
subsidies, as appropriate.\11\ These adjustments are reflected in the 
``Cash Deposit Rate'' column of the rate chart, above. Until such 
suspension of liquidation is resumed in the companion countervailing 
duty 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 
weighted-average margin column in the rate chart, above.
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    \11\ See Memorandum to Thomas Gilgunn, Program Manager for AD/
CVD Operations Office VII, entitled ``Investigation of Certain Hot-
Rolled Steel Flat Products from the Republic of Turkey: Final 
Analysis Memorandum for Ere[gbreve]li Demir ve [Ccedil]elik 
Fabrikalari T.A.[Scedil]. and its Affiliates,'' dated August 4, 
2016. (Erdemir Final Calculation Memorandum) in the ``Adjustments to 
the Margin Program'' section.

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[[Page 53430]]

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 Turkey 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 as discussed in the ``Continuation of 
Suspension of Liquidation'' section.

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(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 this 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

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 \12\ or countervailing duty \13\ 
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products 
From the Republic of Korea (A-580-836; C-580-837), and
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    \12\ See 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).
    \13\ See 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; \14\
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    \14\ 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; \15\
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    \15\ 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; \16\ and
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    \16\ 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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[[Page 53431]]

     Silico-manganese steels; \17\
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    \17\ 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 and Border Protection purposes only. The written 
description of the scope of the investigation is dispositive.

Appendix II

List of Topics Discussed in the Final Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Changes Since the Preliminary Determination
VI. Margin Calculations
VII. Discussion of the Issues
    Comment 1: Colakoglu's Duty Drawback Adjustment
    Comment 2: Colakoglu's U.S. Indirect Selling Expenses
    Comment 3: Colakoglu's International Ocean Freight
    Comment 4: Colakoglu's U.S. Commissions
    Comment 5: Corrections to Colakoglu's Cost Database
    Comment 6: Colakoglu's Cost-Averaging Methodology
    Comment 7: Colakoglu's Electricity Offset
    Comment 8: Colakoglu's General and Administrative Expense Ratio
    Comment 9: Using Partial Facts Available for Erdemir's 
Downstream Reseller Ersem
    Comment 10: Erdemir's Date of Sale
    Comment 11: Erdemir's Unreconciled Cost
    Comment 12: Erdemir's Major-Input and Transactions-Disregarded 
Adjustments
    Comment 13: Erdemir's Financial Expenses
    Comment 14: Erdemir's Cost of Goods Sold Denominator
    Comment 15: Erdemir's General and Administrative Expenses
VIII. Recommendation

[FR Doc. 2016-19373 Filed 8-11-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  53428                         Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                  7208.39.0015, 7208.39.0030, 7208.39.0090,               States at less than fair value (LTFV). The             appeared in the Initiation Notice.5 No
                                                  7208.40.6030, 7208.40.6060, 7208.53.0000,               period of investigation (POI) is July 1,               interested parties submitted scope
                                                  7208.54.0000, 7208.90.0000, 7210.70.3000,               2014, through June 30, 2015. The final                 comments in case or rebuttal briefs;
                                                  7211.14.0030, 7211.14.0090, 7211.19.1500,                                                                      therefore, the scope of this investigation
                                                                                                          dumping margins of sales at LTFV are
                                                  7211.19.2000, 7211.19.3000, 7211.19.4500,
                                                  7211.19.6000, 7211.19.7530, 7211.19.7560,               listed below in the ‘‘Final                            remains unchanged for this final
                                                  7211.19.7590, 7225.11.0000, 7225.19.0000,               Determination’’ section of this notice.                determination.
                                                  7225.30.3050, 7225.30.7000, 7225.40.7000,               DATES: Effective August 12, 2016.                      Analysis of Comments Received
                                                  7225.99.0090, 7226.11.1000, 7226.11.9030,
                                                                                                          FOR FURTHER INFORMATION CONTACT: Toni                     All issues raised in the case and
                                                  7226.11.9060, 7226.19.1000, 7226.19.9000,
                                                  7226.91.5000, 7226.91.7000, and                         Page or Alexander Cipolla, AD/CVD                      rebuttal briefs by parties in this
                                                  7226.91.8000. The products subject to the               Operations, Office VII, Enforcement and                investigation are addressed in the Final
                                                  investigation may also enter under the                  Compliance, International Trade                        Issues and Decision Memorandum,
                                                  following HTSUS numbers: 7210.90.9000,                  Administration, U.S. Department of                     which is hereby adopted by this notice.6
                                                  7211.90.0000, 7212.40.1000, 7212.40.5000,               Commerce, 14th Street and Constitution                 A list of the issues raised is attached to
                                                  7212.50.0000, 7214.91.0015, 7214.91.0060,               Avenue NW., Washington, DC 20230;                      this notice as Appendix II. The Final
                                                  7214.91.0090, 7214.99.0060, 7214.99.0075,               telephone: (202) 482–1398 or (202) 482–
                                                  7214.99.0090, 7215.90.5000, 7226.99.0180,
                                                                                                                                                                 Issues and Decision Memorandum is a
                                                                                                          4956, respectively.                                    public document and is on file
                                                  and 7228.60.6000.
                                                    The HTSUS subheadings above are                       SUPPLEMENTARY INFORMATION:                             electronically via Enforcement and
                                                  provided for convenience and U.S. Customs                                                                      Compliance’s Antidumping and
                                                  purposes only. The written description of the
                                                                                                          Background                                             Countervailing Duty Centralized
                                                  scope of the investigation is dispositive.                On March 22, 2016, the Department                    Electronic Service System (ACCESS).
                                                  Appendix II—List of Topics Discussed                    published the Preliminary                              ACCESS is available to registered users
                                                  in the Issues and Decision                              Determination of this antidumping duty                 at https://access.trade.gov and it is
                                                  Memorandum                                              (AD) investigation.1 The following                     available to all parties in the Central
                                                                                                          events occurred since the Preliminary                  Records Unit, Room B–8024 of the main
                                                  I. Summary                                              Determination was issued.                              Department of Commerce building. In
                                                  II. Background                                                                                                 addition, a complete version of the Final
                                                  III. Scope of the Investigation
                                                                                                            The Department received case and
                                                                                                          rebuttal briefs from Petitioners, Erdemir,             Issues and Decision Memorandum can
                                                  IV. Final Determination of Critical
                                                        Circumstances                                     and Colakoglu between June 7 and June                  be accessed directly at http://
                                                  V. Margin Calculations                                  20, 2016.2 A hearing was held on June                  enforcement.trade.gov/frn/index.html.
                                                  VI. Comparisons to Fair Value                           23, 2016.3                                             The signed and electronic versions of
                                                  VII. Discussion of Issues                                                                                      the Final Issues and Decision
                                                     Comment 1: Duty Drawback                             Scope of the Investigation                             Memorandum are identical in content.
                                                     Comment 2: Inventory Carrying Costs                    The products covered by this
                                                     Comment 3: Credit Revenue                                                                                   Verification
                                                                                                          investigation are hot-rolled steel flat
                                                     Comment 4: Model Match
                                                                                                          products from Turkey. For a full                         As provided in section 782(i) of the
                                                     Comment 5: Calculation of CSN LLC’s G&A                                                                     Tariff Act of 1930, as amended (the Act),
                                                        Expense Ratio                                     description of the scope of this
                                                                                                          investigation, see the ‘‘Scope of the                  in March, April, and May 2016, the
                                                     Comment 6: Whether To Use a                                                                                 Department verified the sales and cost
                                                        Consolidated or Non-Consolidated                  Investigation,’’ in Appendix I of this
                                                        Financial Expense Ratio                           notice.                                                data reported by the mandatory
                                                     Comment 7: The Market Value for                                                                             respondents Colakoglu Metalurji A.S.
                                                        Affiliated Energy Inputs                          Scope Comments                                         (Colakoglu), Colakoglu Dis Ticaret A.S.
                                                     Comment 8: Whether To Include Certain                  In the Preliminary Scope Decision                    (COTAS), and Medtrade Incorporated
                                                        Expenses Recorded Directly to Cost of             Memorandum,4 the Department set                        (Medtrade) (collectively, Colakoglu) and
                                                        Goods Sold (COGS)
                                                                                                          aside a period of time for parties to                  Eregli Demir ve Celik Fabrikalari T.A.S.
                                                  VIII. Recommendation                                                                                           (Erdemir) and Iskenderun Demir Ve
                                                                                                          address scope issues in case briefs or
                                                  [FR Doc. 2016–19381 Filed 8–11–16; 8:45 am]             other written comments on scope issues.                Celik (Iskenderun) (collectively,
                                                  BILLING CODE 3510–DS–P                                                                                         Erdemir). We used standard verification
                                                                                                            In the Preliminary Determination, we
                                                                                                                                                                 procedures, including an examination of
                                                                                                          did not modify the scope language as it
                                                  DEPARTMENT OF COMMERCE                                     1 See Certain Hot-Rolled Steel Flat Products From
                                                                                                                                                                    5 See Preliminary Determination and

                                                                                                                                                                 accompanying Memorandum from Christian Marsh,
                                                                                                          the Republic of Turkey: Affirmative Preliminary        Deputy Assistant Secretary for Antidumping and
                                                  International Trade Administration                      Determination of Sales at Less Than Fair Value and     Countervailing Duty Operations, to Paul Piquado,
                                                  [A–489–826]                                             Postponement of Final Determination, 81 FR 15231       Assistant Secretary for Enforcement and
                                                                                                          (March 22, 2016) (Preliminary Determination) and       Compliance, entitled ‘‘Decision Memorandum for
                                                                                                          accompanying Preliminary Decision Memorandum.          the Preliminary Determination in the Less-Than-
                                                  Certain Hot-Rolled Steel Flat Products                     2 See the ‘‘Table of Authorities’’ in the Final
                                                                                                                                                                 Fair-Value Investigation of Certain Hot-Rolled Steel
                                                  From the Republic of Turkey: Final                      Issues and Decision Memorandum for a complete          Flat Products from the Republic of Turkey’’ at page
                                                  Determination of Sales at Less Than                     list of case and rebuttal briefs filed.                5. See also Certain Hot-Rolled Steel Flat Products
                                                  Fair Value                                                 3 See ‘‘Transcript of Hearing in the Antidumping    From Australia, Brazil, Japan, the Republic of
                                                                                                          Duty Investigation of Certain Hot-Rolled Steel Flat    Korea, the Netherlands, The Republic of Turkey,
                                                  AGENCY:   Enforcement and Compliance,                   Products from the Republic of Turkey’’ (June 30,       and the United Kingdom: Initiation of Less-Than-
                                                  International Trade Administration,                     2016).                                                 Fair-Value Investigations, 80 FR 54261, 54262
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                                                                                                             4 See Memorandum to Christian Marsh, Deputy         (September 9, 2015) (Initiation Notice).
                                                  Department of Commerce.
                                                                                                          Assistant Secretary for Antidumping and                   6 See Memorandum to Ronald K. Lorentzen,
                                                  SUMMARY: The Department of Commerce                     Countervailing Duty Operations, ‘‘Certain Hot-         Acting Assistant Secretary for Enforcement and
                                                  (the Department) determines that                        Rolled Steel Products From Australia, Brazil, Japan,   Compliance, entitled ‘‘Issues and Decision
                                                  imports of certain hot-rolled steel flat                the Netherlands, the Republic of Korea, Turkey, and    Memorandum for the Final Determination in the
                                                                                                          the United Kingdom: Scope Comments Decision            Antidumping Duty Investigation of Certain Hot-
                                                  products (hot-rolled steel) from the                    Memorandum for the Preliminary Determinations,’’       Rolled Steel Flat Products from the Republic of
                                                  Republic of Turkey (Turkey) are being,                  dated March 14, 2016 (Preliminary Scope Decision       Turkey,’’ dated August 4, 2016 (Final Issues and
                                                  or are likely to be, sold in the United                 Memorandum).                                           Decision Memorandum).



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                                                                                            Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                                                                    53429

                                                  relevant accounting and production                                          All-Others Rate                                                                In this investigation, we calculated
                                                  records, and original source documents                                        Section 735(c)(5)(A) of the Act                                            weighted-average dumping margins for
                                                  provided by respondents.7                                                   provides that the estimated all-others                                       Colakoglu and Erdemir, that are above
                                                                                                                              rate shall be an amount equal to the                                         de minimis and which are not based
                                                  Changes Since the Preliminary
                                                                                                                              weighted-average of the estimated                                            entirely on facts available. We
                                                  Determination
                                                                                                                              weighted-average dumping margins                                             calculated the all-others rate using a
                                                    Based on our analysis of the                                              established for exporters and producers                                      weighted-average of the dumping
                                                  comments received and our findings at                                       individually investigated excluding any                                      margins calculated for the mandatory
                                                  verification, we made certain changes to                                    zero or de minimis margins, and                                              respondents using each company’s
                                                  the margin calculations for Colakoglu                                       margins determined entirely under                                            publicly-ranged values for the
                                                  and Erdemir. For a discussion of these                                      section 776 of the Act. Where the rates                                      merchandise under consideration.8
                                                  changes, see the Final Issues and                                           for investigated companies are zero or
                                                                                                                              de minimis, or based entirely on facts                                       Final Determination
                                                  Decision Memorandum. We have also
                                                  revised the all-others rate.                                                otherwise available, section 735(c)(5)(B)                                       The Department determines that the
                                                                                                                              of the Act instructs the Department to
                                                                                                                                                                                                           final weighted-average dumping
                                                                                                                              establish an ‘‘all others’’ rate using ‘‘any
                                                                                                                                                                                                           margins are as follows:
                                                                                                                              reasonable method.’’

                                                                                                                                                                                                                                 Weighted-      Cash deposit
                                                                                                                                                                                                                                  average
                                                                                                                          Exporter/producer                                                                                                         rate
                                                                                                                                                                                                                                  margin         (percent)
                                                                                                                                                                                                                                 (percent)

                                                  Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S.9 .............................................................................................                                    7.15                7.15
                                                  Eregli Demir ve Celik Fabrikalari T.A.S./Iskenderun Demir Ve Celik 10 ..................................................................                                              3.66                3.65
                                                  All-Others .................................................................................................................................................................          6.67                6.67



                                                  Disclosure                                                                  Preliminary Determination of this                                            investigation on hot-rolled steel from
                                                     We intend to disclose the calculations                                   investigation in the Federal Register.                                       Turkey, the Department will instruct
                                                  performed to interested parties within                                      We also will instruct CBP to require a                                       CBP to require cash deposits adjusted by
                                                  five days of the public announcement of                                     cash deposit equal to the weighted-                                          the amount of export subsidies, as
                                                  this final determination in accordance                                      average amount by which normal value                                         appropriate.11 These adjustments are
                                                  with 19 CFR 351.224(b).                                                     exceeds U.S. price, as indicated in the                                      reflected in the ‘‘Cash Deposit Rate’’
                                                                                                                              table above, adjusted, where                                                 column of the rate chart, above. Until
                                                  Continuation of Suspension of                                               appropriate, for export subsidies.                                           such suspension of liquidation is
                                                  Liquidation                                                                   As noted above, where the product                                          resumed in the companion
                                                    Pursuant to section 735(c)(1)(B) of the                                   under investigation is also subject to a                                     countervailing duty investigation, and
                                                  Act, the Department will instruct U.S.                                      concurrent countervailing duty                                               so long as suspension of liquidation
                                                  Customs and Border Protection (CBP) to                                      investigation, we instruct CBP to require                                    continues under this antidumping duty
                                                  continue to suspend liquidation of all                                      a cash deposit less the amount of the                                        investigation, the cash deposit rates for
                                                  entries of hot-rolled steel from Turkey,                                    countervailing duty determined to                                            this antidumping duty investigation will
                                                  as described in Appendix I of this                                          constitute any export subsidies.                                             be the rates identified in the weighted-
                                                  notice, which were entered, or                                              Therefore, in the event that a
                                                                                                                                                                                                           average margin column in the rate chart,
                                                  withdrawn from warehouse, for                                               countervailing duty order is issued and
                                                                                                                                                                                                           above.
                                                  consumption on or after March 22,                                           suspension of liquidation is resumed in
                                                  2016, the date of publication of the                                        the companion countervailing duty
                                                     7 See Memorandum to the File, ‘‘Verification of                          Fabrikalari T.A.S. and its affiliates Iskenderun                             Turkey: Final Determination Calculation for the
                                                  the Sales Response of Colakoglu Metalurji A.S.                              Demir Ve Celik,’’ (May 30, 2016) (Erdemir Cost                               ‘All-Others’ Rate,’’ dated August 4, 2016 (All-Others
                                                  (Metalurji), Colakoglu Dis Ticaret A.S. (COTAS),                            Verification Report).                                                        Calculation Memorandum).
                                                  and Medtrade Incorporated (Medtrade) in the                                    8 With two respondents, we normally calculate                                9 As in the Preliminary Determination, the
                                                  Antidumping Duty Investigation of Hot-Rolled Steel                          (A) a weighted-average of the dumping margins                                Department continues to find that Colakoglu
                                                  Flat Products from the Republic of Turkey,’’ (June                          calculated for the mandatory respondents; (B) a                              Metalurji A.S. and Colakoglu Dis Ticaret A.S. are
                                                  1, 2016) (Colakoglu Sales Verification Report); see                         simple average of the dumping margins calculated
                                                  also Memoradum to the File, ‘‘Verification of the                                                                                                        a single entity. See ‘‘the ‘‘Affiliation and
                                                                                                                              for the mandatory respondents; and (C) a weighted-
                                                  U.S. Sales Responses of Colakoglu Metalurji A.S.                            average of the dumping margins calculated for the                            Collapsing’’ section of the Preliminary Decision
                                                  (Metalurji), Colakoglu Dis Ticaret A.S. (COTAS),and                         mandatory respondents using each company’s                                   Memorandum.
                                                                                                                                                                                                              10 As in the Preliminary Determination, the
                                                  Medtrade Incorporated (Medtrade) in the                                     publicly-ranged values for the merchandise under
                                                  Antidumping Duty Investigation of Hot-Rolled Steel                          consideration. We would compare (B) and (C) to (A)                           Department continues to find that Eregli Demir ve
                                                  Flat Products from the Republic of Turkey,’’ (June                          and select the rate closest to (A) as the most                               Celik Fabrikalari T.A.S. and Iskenderun Demir Ve
                                                  1, 2016) (Colakoglu CEP Sales Verification Report);                         appropriate rate for all other companies. See Ball                           Celik are a single entity. See the ‘‘Affiliation and
                                                  see also Memoradum to the File, ‘‘Verification of                           Bearings and Parts Thereof From France, Germany,                             Collapsing’’ section of the Preliminary Decision
                                                  the Cost Response of Colakoglu Metalurji A.S. and                           Italy, Japan, and the United Kingdom: Final Results                          Memorandum.
                                                  its Affiliates in the Antidumping Duty Investigation                        of Antidumping Duty Administrative Reviews, Final
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                                                                                                                                                                                                              11 See Memorandum to Thomas Gilgunn, Program
                                                  of Hot-Rolled Steel Flat Product from Turkey,’’                             Results of Changed-Circumstances Review, and
                                                  (June 1, 2016) (Colakoglu Cost Verification Report);                                                                                                     Manager for AD/CVD Operations Office VII, entitled
                                                                                                                              Revocation of an Order in Part, 75 FR 53661, 53663
                                                  see also Memorandum to the File, ‘‘Verification of                          (September 1, 2010). As complete publicly ranged                             ‘‘Investigation of Certain Hot-Rolled Steel Flat
                                                  the Sales Response of Ereğli Demir ve Çelik                               sales data was available, we based the all-others rate                       Products from the Republic of Turkey: Final
                                                  Fabrikalar( T.A.Ş. in the Antidumping Investigation                        on the publically ranged sales data of the                                   Analysis Memorandum for Ereğli Demir ve Çelik
                                                  of Hot Rolled Steel Flat Products from Turkey,’’                            mandatory respondents. For a complete BPI                                    Fabrikalari T.A.Ş. and its Affiliates,’’ dated August
                                                  (May 31, 2016) (Erdemir Sales Verification Report);                         explanation, please see Memorandum to the File,                              4, 2016. (Erdemir Final Calculation Memorandum)
                                                  see also Memorandum to the File, ‘‘Verification of                          entitled ‘‘Antidumping Duty Investigation of Hot-                            in the ‘‘Adjustments to the Margin Program’’
                                                  the Cost Response of Eregli Demir ve Celik                                  Rolled Steel Flat Products from the Republic of                              section.



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                                                  53430                         Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices

                                                  U.S. International Trade Commission                     regardless of form of coil (e.g., in                  steels, high strength low alloy (HSLA) steels,
                                                  Notification                                            successively superimposed layers, spirally            the substrate for motor lamination steels,
                                                                                                          oscillating, etc.). The products covered also         Advanced High Strength Steels (AHSS), and
                                                     In accordance with section 735(d) of                 include products not in coils (e.g., in straight      Ultra High Strength Steels (UHSS). IF steels
                                                  the Act, we will notify the U.S.                        lengths) of a thickness of less than 4.75 mm          are recognized as low carbon steels with
                                                  International Trade Commission (ITC) of                 and a width that is 12.7 mm or greater and            micro-alloying levels of elements such as
                                                  the final affirmative determination of                  that measures at least 10 times the thickness.        titanium and/or niobium added to stabilize
                                                  sales at LTFV. Because the final                        The products described above may be                   carbon and nitrogen elements. HSLA steels
                                                  determination in this proceeding is                     rectangular, square, circular, or other shape         are recognized as steels with micro-alloying
                                                  affirmative, in accordance with section                 and include products of either rectangular or         levels of elements such as chromium, copper,
                                                                                                          non-rectangular cross-section where such              niobium, titanium, vanadium, and
                                                  735(b)(2) of the Act, the ITC will make                 cross-section is achieve subsequent to the            molybdenum. The substrate for motor
                                                  its final determination as to whether the               rolling process, i.e., products which have            lamination steels contains micro-alloying
                                                  domestic industry in the United States                  been ‘‘worked after rolling’’ (e.g., products         levels of elements such as silicon and
                                                  is materially injured, or threatened with               which have been beveled or rounded at the             aluminum. AHSS and UHSS are considered
                                                  material injury, by reason of imports of                edges). For purposes of the width and                 high tensile strength and high elongation
                                                  hot-rolled steel from Turkey no later                   thickness requirements referenced above:              steels, although AHSS and UHSS are covered
                                                  than 45 days after our final                               (1) Where the nominal and actual                   whether or not they are high tensile strength
                                                  determination. If the ITC determines                    measurements vary, a product is within the            or high elongation steels.
                                                                                                          scope if application of either the nominal or            Subject merchandise includes hot-rolled
                                                  that material injury or threat of material              actual measurement would place it within              steel that has been further processed in a
                                                  injury does not exist, the proceeding                   the scope based on the definitions set forth          third country, including but not limited to
                                                  will be terminated and all cash deposits                above unless the resulting measurement                pickling, oiling, levelling, annealing,
                                                  will be refunded. If the ITC determines                 makes the product covered by the existing             tempering, temper rolling, skin passing,
                                                  that such injury does exist, the                        antidumping 12 or countervailing duty 13              painting, varnishing, trimming, cutting,
                                                  Department will issue an antidumping                    orders on Certain Cut-To-Length Carbon-               punching, and/or slitting, or any other
                                                  duty order directing CBP to assess, upon                Quality Steel Plate Products From the                 processing that would not otherwise remove
                                                  further instruction by the Department,                  Republic of Korea (A–580–836; C–580–837),             the merchandise from the scope of the
                                                                                                          and                                                   investigation if performed in the country of
                                                  antidumping duties on all imports of the                                                                      manufacture of the hot-rolled steel.
                                                                                                             (2) where the width and thickness vary for
                                                  subject merchandise entered, or                                                                                  All products that meet the written physical
                                                                                                          a specific product (e.g., the thickness of
                                                  withdrawn from warehouse, for                           certain products with non-rectangular cross-          description, and in which the chemistry
                                                  consumption on or after the effective                   section, the width of certain products with           quantities do not exceed any one of the noted
                                                  date of the suspension of liquidation as                non-rectangular shape, etc.), the                     element levels listed above, are within the
                                                  discussed in the ‘‘Continuation of                      measurement at its greatest width or                  scope of this investigation unless specifically
                                                  Suspension of Liquidation’’ section.                    thickness applies.                                    excluded. The following products are outside
                                                                                                             Steel products included in the scope of this       of and/or specifically excluded from the
                                                  Notification Regarding Administrative                   investigation are products in which: (1) Iron         scope of this investigation:
                                                  Protective Orders                                       predominates, by weight, over each of the                • Universal mill plates (i.e., hot-rolled,
                                                                                                          other contained elements; (2) the carbon              flat-rolled products not in coils that have
                                                     This notice serves as a reminder to
                                                                                                          content is 2 percent or less, by weight; and          been rolled on four faces or in a closed box
                                                  parties subject to an administrative                                                                          pass, of a width exceeding 150 mm but not
                                                                                                          (3) none of the elements listed below exceeds
                                                  protective order (APO) of their                                                                               exceeding 1250 mm, of a thickness not less
                                                                                                          the quantity, by weight, respectively
                                                  responsibility concerning the                           indicated:                                            than 4.0 mm, and without patterns in relief);
                                                  disposition of proprietary information                     • 2.50 percent of manganese, or                       • Products that have been cold-rolled
                                                  disclosed under APO in accordance                          • 3.30 percent of silicon, or                      (cold-reduced) after hot-rolling; 14
                                                  with 19 CFR 351.305(a)(3). Timely                          • 1.50 percent of copper, or                          • Ball bearing steels; 15
                                                  notification of the return or destruction                  • 1.50 percent of aluminum, or                        • Tool steels; 16 and
                                                  of APO materials, or conversion to                         • 1.25 percent of chromium, or
                                                  judicial protective order, is hereby                       • 0.30 percent of cobalt, or                          14 For purposes of this scope exclusion, rolling


                                                  requested. Failure to comply with the                      • 0.40 percent of lead, or                         operations such as a skin pass, levelling, temper
                                                                                                             • 2.00 percent of nickel, or                       rolling or other minor rolling operations after the
                                                  regulations and the terms of an APO is                                                                        hot-rolling process for purposes of surface finish,
                                                                                                             • 0.30 percent of tungsten, or
                                                  a violation subject to sanction.                           • 0.80 percent of molybdenum, or
                                                                                                                                                                flatness, shape control, or gauge control do not
                                                     This determination and this notice are                                                                     constitute cold-rolling sufficient to meet this
                                                                                                             • 0.10 percent of niobium, or                      exclusion.
                                                  issued and published pursuant to                           • 0.30 percent of vanadium, or                        15 Ball bearing steels are defined as steels which
                                                  sections 735(d) and 777(i)(1) of the Act.                  • 0.30 percent of zirconium.                       contain, in addition to iron, each of the following
                                                    Dated: August 4, 2016.                                   Unless specifically excluded, products are         elements by weight in the amount specified: (i) Not
                                                                                                          included in this scope regardless of levels of        less than 0.95 nor more than 1.13 percent of carbon;
                                                  Ronald K. Lorentzen,                                                                                          (ii) not less than 0.22 nor more than 0.48 percent
                                                                                                          boron and titanium.
                                                  Acting Assistant Secretary for Enforcement                 For example, specifically included in this         of manganese; (iii) none, or not more than 0.03
                                                  and Compliance.                                         scope are vacuum degassed, fully stabilized           percent of sulfur; (iv) none, or not more than 0.03
                                                                                                                                                                percent of phosphorus; (v) not less than 0.18 nor
                                                  Appendix I                                              (commonly referred to as interstitial-free (IF))      more than 0.37 percent of silicon; (vi) not less than
                                                                                                                                                                1.25 nor more than 1.65 percent of chromium; (vii)
                                                  Scope of the Investigation                                12 See Notice of Amendment of Final                 none, or not more than 0.28 percent of nickel; (viii)
                                                    The products covered by this investigation            Determinations of Sales at Less Than Fair Value       none, or not more than 0.38 percent of copper; and
                                                  are certain hot-rolled, flat-rolled steel               and Antidumping Duty Orders: Certain Cut-To-          (ix) none, or not more than 0.09 percent of
                                                  products, with or without patterns in relief,           Length Carbon-Quality Steel Plate Products From       molybdenum.
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                                                  and whether or not annealed, painted,                   France, India, Indonesia, Italy, Japan and the           16 Tool steels are defined as steels which contain
                                                                                                          Republic of Korea, 65 FR 6585 (February 10, 2000).    the following combinations of elements in the
                                                  varnished, or coated with plastics or other               13 See Notice of Amended Final Determinations:      quantity by weight respectively indicated: (i) More
                                                  non-metallic substances. The products                   Certain Cut-to-Length Carbon-Quality Steel Plate      than 1.2 percent carbon and more than 10.5 percent
                                                  covered do not include those that are clad,             From India and the Republic of Korea; and Notice      chromium; or (ii) not less than 0.3 percent carbon
                                                  plated, or coated with metal. The products              of Countervailing Duty Orders: Certain Cut-To-        and 1.25 percent or more but less than 10.5 percent
                                                  covered include coils that have a width or              Length Carbon-Quality Steel Plate From France,        chromium; or (iii) not less than 0.85 percent carbon
                                                  other lateral measurement (‘‘width’’) of 12.7           India, Indonesia, Italy, and the Republic of Korea,   and 1 percent to 1.8 percent, inclusive, manganese;
                                                  mm or greater, regardless of thickness, and             65 FR 6587 (February 10, 2000).                       or (iv) 0.9 percent to 1.2 percent, inclusive,



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                                                                                 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices                                                  53431

                                                    • Silico-manganese steels; 17                           Comment 12: Erdemir’s Major-Input and               antidumping questionnaires to Jaan
                                                    The products subject to this investigation                 Transactions-Disregarded Adjustments             Huey and Hanhong. On February 16,
                                                  are currently classified in the Harmonized                Comment 13: Erdemir’s Financial Expenses            2016, Jaan Huey notified the
                                                  Tariff Schedule of the United States (HTSUS)              Comment 14: Erdemir’s Cost of Goods Sold
                                                                                                               Denominator
                                                                                                                                                                Department that it would not be
                                                  under item numbers: 7208.10.1500,
                                                  7208.10.3000, 7208.10.6000, 7208.25.3000,                 Comment 15: Erdemir’s General and                   participating in this administrative
                                                  7208.25.6000, 7208.26.0030, 7208.26.0060,                    Administrative Expenses                          review.2 The Hanhong companies did
                                                  7208.27.0030, 7208.27.0060, 7208.36.0030,               VIII. Recommendation                                  not respond to the Department’s request
                                                  7208.36.0060, 7208.37.0030, 7208.37.0060,               [FR Doc. 2016–19373 Filed 8–11–16; 8:45 am]           for information.
                                                  7208.38.0015, 7208.38.0030, 7208.38.0090,               BILLING CODE 3510–DS–P                                Scope of the Order
                                                  7208.39.0015, 7208.39.0030, 7208.39.0090,
                                                  7208.40.6030, 7208.40.6060, 7208.53.0000,                                                                        The merchandise covered by this
                                                  7208.54.0000, 7208.90.0000, 7210.70.3000,
                                                                                                          DEPARTMENT OF COMMERCE                                review includes certain lightweight
                                                  7211.14.0030, 7211.14.0090, 7211.19.1500,                                                                     thermal paper, which is thermal paper
                                                  7211.19.2000, 7211.19.3000, 7211.19.4500,                                                                     with a basis weight of 70 grams per
                                                                                                          International Trade Administration
                                                  7211.19.6000, 7211.19.7530, 7211.19.7560,                                                                     square meter (g/m2) (with a tolerance of
                                                  7211.19.7590, 7225.11.0000, 7225.19.0000,               [A–570–920]                                           ± 4.0 g/m2) or less; irrespective of
                                                  7225.30.3050, 7225.30.7000, 7225.40.7000,
                                                  7225.99.0090, 7226.11.1000, 7226.11.9030,
                                                                                                                                                                dimensions; 3 with or without a base
                                                                                                          Lightweight Thermal Paper From the
                                                  7226.11.9060, 7226.19.1000, 7226.19.9000,                                                                     coat 4 on one or both sides; with thermal
                                                                                                          People’s Republic of China:
                                                  7226.91.5000, 7226.91.7000, and                                                                               active coating(s) 5 on one or both sides
                                                                                                          Preliminary Results of Antidumping
                                                  7226.91.8000. The products subject to the                                                                     that is a mixture of the dye and the
                                                                                                          Duty Administrative Review; 2014–
                                                  investigation may also enter under the                                                                        developer that react and form an image
                                                                                                          2015
                                                  following HTSUS numbers: 7210.90.9000,                                                                        when heat is applied; with or without
                                                  7211.90.0000, 7212.40.1000, 7212.40.5000,               AGENCY:   Enforcement and Compliance,                 a top coat; 6 and without an adhesive
                                                  7212.50.0000, 7214.91.0015, 7214.91.0060,               International Trade Administration,                   backing. Certain lightweight thermal
                                                  7214.91.0090, 7214.99.0060, 7214.99.0075,               Department of Commerce.                               paper is typically (but not exclusively)
                                                  7214.99.0090, 7215.90.5000, 7226.99.0180,               SUMMARY: The Department of Commerce                   used in point-of-sale applications such
                                                  and 7228.60.6000.
                                                                                                          (‘‘Department’’) is conducting an                     as ATM receipts, credit card receipts,
                                                    The HTSUS subheadings above are
                                                  provided for convenience and U.S. Customs               administrative review of the                          gas pump receipts, and retail store
                                                  and Border Protection purposes only. The                antidumping duty order on lightweight                 receipts. The merchandise subject to
                                                  written description of the scope of the                 thermal paper (‘‘LWTP’’) from the                     this review may be classified in the
                                                  investigation is dispositive.                           People’s Republic of China (‘‘PRC’’).                 Harmonized Tariff Schedule of the
                                                                                                          The period of review (‘‘POR’’) is                     United States (‘‘HTSUS’’) under
                                                  Appendix II                                             November 1, 2014, through October 31,                 subheadings 3703.10.60, 4811.59.20,
                                                  List of Topics Discussed in the Final Issues            2015. The review covers two exporters                 4811.90.8040, 4811.90.9090, 4820.10.20,
                                                  and Decision Memorandum                                 of subject merchandise: Jaan Huey Co.                 4823.40.00, 4811.90.8030, 4811.90.8050,
                                                  I. Summary                                              Ltd. (‘‘Jaan Huey’’) and Shanghai                     4811.90.9030, and 4811.90.9050.7 8
                                                  II. Background                                          Hanhong Paper Co., Ltd. and Hanhong
                                                  III. Scope of the Investigation                         Paper Co. Ltd (together, ‘‘Hanhong’’).                  2 See letter from Jaan Huey, ‘‘Notice of Non-

                                                  IV. Scope Comments                                      Because neither respondent participated               Participation in ADD Review: Annual Antidumping
                                                  V. Changes Since the Preliminary                                                                              Administrative Review of Lightweight Thermal
                                                                                                          in this review, the Department                        Paper from the People’s Republic of China,’’ dated
                                                        Determination                                     preliminarily finds that Jaan Huey and                February 16, 2016.
                                                  VI. Margin Calculations
                                                  VII. Discussion of the Issues
                                                                                                          Hanhong have not demonstrated                           3 LWTP is typically produced in jumbo rolls that

                                                                                                          eligibility for a separate rate in this               are slit to the specifications of the converting
                                                     Comment 1: Colakoglu’s Duty Drawback                                                                       equipment and then converted into finished slit
                                                        Adjustment                                        segment of the proceeding, and                        rolls. Both jumbo and converted rolls (as well as
                                                     Comment 2: Colakoglu’s U.S. Indirect                 therefore, for the preliminary results, we            LWTP in any other form, presentation, or
                                                        Selling Expenses                                  are treating both as part of the PRC-wide             dimension) are covered by the scope of these
                                                     Comment 3: Colakoglu’s International                 entity. Interested parties are invited to             orders.
                                                                                                                                                                  4 A base coat, when applied, is typically made of
                                                        Ocean Freight                                     comment on these preliminary results.
                                                     Comment 4: Colakoglu’s U.S. Commissions                                                                    clay and/or latex and like materials and is intended
                                                                                                          DATES: Effective August 12, 2016.                     to cover the rough surface of the paper substrate
                                                     Comment 5: Corrections to Colakoglu’s                                                                      and to provide insulating value.
                                                        Cost Database                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                  5 A thermal active coating is typically made of
                                                     Comment 6: Colakoglu’s Cost-Averaging                Keith Haynes, AD/CVD Operations,                      sensitizer, dye, and co-reactant.
                                                        Methodology                                       Office III, Enforcement and Compliance,                 6 A top coat, when applied, is typically made of
                                                     Comment 7: Colakoglu’s Electricity Offset            International Trade Administration,                   polyvinyl acetone, polyvinyl alcohol, and/or like
                                                     Comment 8: Colakoglu’s General and                   U.S. Department of Commerce, 14th                     materials and is intended to provide environmental
                                                        Administrative Expense Ratio                      Street and Constitution Avenue NW.,                   protection, an improved surface for press printing,
                                                     Comment 9: Using Partial Facts Available                                                                   and/or wear protection for the thermal print head.
                                                                                                          Washington, DC 20230; telephone: (202)                  7 HTSUS subheading 4811.90.8000 was a
                                                        for Erdemir’s Downstream Reseller
                                                                                                          482–5139.                                             classification used for LWTP until January 1, 2007.
                                                        Ersem
                                                                                                          SUPPLEMENTARY INFORMATION:                            Effective that date, subheading 4811.90.8000 was
                                                     Comment 10: Erdemir’s Date of Sale                                                                         replaced with 4811.90.8020 (for gift wrap, a non-
                                                     Comment 11: Erdemir’s Unreconciled Cost              Background                                            subject product) and 4811.90.8040 (for ‘‘other’’
                                                                                                                                                                including LWTP). HTSUS subheading 4811.90.9000
                                                  chromium and 0.9 percent to 1.4 percent, inclusive,        On January 7, 2016, the Department                 was a classification for LWTP until July 1, 2005.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  molybdenum; or (v) not less than 0.5 percent carbon     initiated the seventh administrative                  Effective that date, subheading 4811.90.9000 was
                                                  and not less than 3.5 percent molybdenum; or (vi)       review of the antidumping duty order                  replaced with 4811.90.9010 (for tissue paper, a non-
                                                  not less than 0.5 percent carbon and not less than                                                            subject product) and 4811.90.9090 (for ‘‘other,’’
                                                  5.5 percent tungsten.
                                                                                                          on LWTP from the PRC.1 On February                    including LWTP).
                                                    17 Silico-manganese steel is defined as steels        2, 2016, the Department issued                          8 As of January 1, 2009, the International Trade

                                                  containing by weight: (i) Not more than 0.7 percent                                                           Commission deleted HTSUS subheadings
                                                  of carbon; (ii) 0.5 percent or more but not more than     1 See Initiation of Antidumping and                 4811.90.8040 and 4811.90.9090 and added HTSUS
                                                  1.9 percent of manganese, and (iii) 0.6 percent or      Countervailing Duty Administrative Reviews, 81 FR     subheadings 4811.90.8030, 4811.90.8050,
                                                  more but not more than 2.3 percent of silicon.          736 (January 7, 2016) (‘‘Initiation Notice’’).                                                   Continued




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Document Created: 2018-02-09 11:33:35
Document Modified: 2018-02-09 11:33:35
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.
ContactToni Page or Alexander Cipolla, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1398 or (202) 482-4956, respectively.
FR Citation81 FR 53428 

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