81 FR 53436 - Certain Hot-Rolled Steel Flat Products From the United Kingdom: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 156 (August 12, 2016)
International Trade Administration
Federal Register Volume 81, Issue 156 (August 12, 2016)
| Page Range | 53436-53439 | |
| FR Document | 2016-19374 |
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)] [Notices] [Pages 53436-53439] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19374] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-412-825] Certain Hot-Rolled Steel Flat Products From the United Kingdom: 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 United Kingdom 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: Catherine Cartsos, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1757. 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. --------------------------------------------------------------------------- \1\ See Certain Hot-Rolled Steel Flat Products From the United Kingdom: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 81 FR 15244 (March 22, 2016) (Preliminary Determination). --------------------------------------------------------------------------- In March 2016, the Department received supplemental cost responses and revised sales files from Tata Steel UK Ltd. (TSUK), the sole mandatory respondent in this investigation.\2\ --------------------------------------------------------------------------- \2\ See Letter from TSUK, ``Antidumping Duty Investigation of Certain Hot-Rolled Steel Flat Products from the United Kingdom: TSUK's Section D Second Supplemental Questionnaire Response'' (March 22, 2016). See also Letter from TSUK, ``Antidumping Duty Investigation of Certain Hot-Rolled Steel Flat Products from the United Kingdom: TSUK's Submission of Revised Sales Files Due to Minor Corrections Presented at Sales Verification'' (March 25, 2016). --------------------------------------------------------------------------- In June 2016, AK Steel (one of the petitioners),\3\ and TSUK submitted case briefs \4\ and rebuttal briefs.\5\ A hearing was held on June 21, 2016. --------------------------------------------------------------------------- \3\ AK Steel Corporation (AK Steel), ArcelorMittal USA LLC, Nucor Corporation, SSAB Enterprises, LLC, Steel Dynamics, Inc., and United States Steel Corporation (collectively, the petitioners). \4\ See Letter from the petitioners, ``Certain Hot-Rolled Steel Flat Products From The United Kingdom/Petitioner's Case Brief'' (June 8, 2016); and Letter from TSUK, ``Antidumping Duty Investigation of Certain Hot-Rolled Steel Flat Products from the United Kingdom: Case Brief of Tata Steel UK Ltd. and Tata Steel International (Americas) Inc.'' (June 8, 2016). \5\ See Letter from the petitioners, ``Certain Hot-Rolled Steel Flat Products From The United Kingdom/Petitioner's Rebuttal Brief'' (June 13, 2016); and Letter from TSUK, ``Antidumping Duty Investigation of Certain Hot-Rolled Steel Flat Products from the United Kingdom: Rebuttal Brief of Tata Steel UK Ltd. and Tata Steel International (Americas) Inc.'' (June 13, 2016). --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are certain hot-rolled steel flat products from the United Kingdom. For a complete description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I of this notice. Scope Comments In the Preliminary Scope Decision Memorandum,\6\ the Department set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues. --------------------------------------------------------------------------- \6\ 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). --------------------------------------------------------------------------- In the Preliminary Determination, we did not modify the scope language as it appeared in the Initiation Notice.\7\ No [[Page 53437]] interested parties submitted scope comments in case or rebuttal briefs; therefore, the scope of this investigation remains unchanged for this final determination. --------------------------------------------------------------------------- \7\ 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 United Kingdom'' at page 4. See also Certain Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, the Republic of Korea, the Netherlands, The Republic of Turkey, and the United Kingdom: Initiation of Less-Than-Fair-Value Investigations, 80 FR 54261, 54262 (September 9, 2015) (Initiation Notice). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice.\8\ A list of the issues raised is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the Central Records Unit, room B-8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \8\ See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations ``Issues and Decision Memorandum for the Final Determination of the Antidumping Duty Investigation of Certain Hot- Rolled Steel Flat Products from the United Kingdom'' (August 4, 2016) (Issues and Decision Memorandum). --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in March and April 2016, the Department verified the sales and cost data reported by the mandatory respondent. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondent.\9\ --------------------------------------------------------------------------- \9\ See Memorandum to the File entitled ``Certain Hot-Rolled Steel Flat Products from the United Kingdom: Home-Market and Export- Price Sales Verification of Tata Steel UK Ltd.,'' dated April 12, 2016, Memorandum to the File entitled ``Certain Hot-Rolled Steel Flat Products from the United Kingdom: Constructed-Export-Price Sales Verification of Tata Steel UK Ltd.,'' dated May 18, 2016, and Memorandum to the File entitled ``Verification of the Cost Response of Tata Steel UK Ltd. in the Antidumping Duty Investigation of Certain Hot-Rolled Steel Flat Products from the United Kingdom,'' dated May 31, 2016. --------------------------------------------------------------------------- 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 TSUK. For a discussion of these changes, see the ``Margin Calculations'' and ``Comparisons to Fair Value'' sections of the Issues and Decision Memorandum. We have also revised the all-others rate. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all- others rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding any zero or de minimis margins, and margins determined entirely under section 776 of the Act. We calculated a company-specific rate for Tata Steel UK Ltd. that is not zero, de minimis or determined entirely under section 776 of the Act. Therefore, for purposes of determining the ``all-others'' rate and pursuant to section 735(c)(5)(A) of the Act, we are using the weighted-average dumping margin calculated for Tata Steel UK Ltd. as the estimated weighted-average dumping margin assigned to all other producers and exporters of the merchandise under consideration. Final Determination The Department determines that the final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/producer margin (percent) ------------------------------------------------------------------------ Tata Steel UK Ltd.......................................... 33.06 All-Others................................................. 33.06 ------------------------------------------------------------------------ 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). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of hot-rolled steel from the United Kingdom, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after March 22, 2016, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Further, pursuant to section 735(c)(1)(B)(ii) of the Act, CBP shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price, as follows: (1) For the exporter/ producer listed in the table above, the cash deposit rate will be equal to the weighted average dumping margin which the Department determined in this final determination; (2) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; (3) the rate for all other producers or exporters will be 33.06 percent, as discussed in the ``All Others Rate'' section, above. These instructions suspending liquidation will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of hot-rolled steel from the United Kingdom 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 above in the ``Continuation of Suspension of Liquidation'' section. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the [[Page 53438]] 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 \10\ or countervailing duty \11\ orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products From the Republic of Korea (A-580-836; C-580-837), and --------------------------------------------------------------------------- \10\ Notice of Amendment of Final Determinations of Sales at Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To- Length Carbon-Quality Steel Plate Products From France, India, Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585 (February 10, 2000). \11\ Notice of Amended Final Determinations: Certain Cut-to- Length Carbon-Quality Steel Plate From India and the Republic of Korea; and Notice of Countervailing Duty Orders: Certain Cut-To- Length Carbon-Quality Steel Plate From France, India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000). --------------------------------------------------------------------------- (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross- section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated:2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.00 percent of nickel, or 0.30 percent of tungsten, or 0.80 percent of molybdenum, or 0.10 percent of niobium, or 0.30 percent of vanadium, or 0.30 percent of zirconium. Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial- free (IF)) steels, high strength low alloy (HSLA) steels, the substrate for motor lamination steels, Advanced High Strength Steels (AHSS), and Ultra High Strength Steels (UHSS). IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. The substrate for motor lamination steels contains micro-alloying levels of elements such as silicon and aluminum. AHSS and UHSS are considered high tensile strength and high elongation steels, although AHSS and UHSS are covered whether or not they are high tensile strength or high elongation steels. Subject merchandise includes hot-rolled steel that has been further processed in a third country, including but not limited to pickling, oiling, levelling, annealing, tempering, temper rolling, skin passing, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the hot-rolled steel. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this investigation unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of this investigation: Universal mill plates (i.e., hot-rolled, flat-rolled products not in coils that have been rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, of a thickness not less than 4.0 mm, and without patterns in relief); Products that have been cold-rolled (cold-reduced) after hot-rolling; \12\ --------------------------------------------------------------------------- \12\ For purposes of this scope exclusion, rolling operations such as a skin pass, levelling, temper rolling or other minor rolling operations after the hot-rolling process for purposes of surface finish, flatness, shape control, or gauge control do not constitute cold-rolling sufficient to meet this exclusion. --------------------------------------------------------------------------- Ball bearing steels; \13\ --------------------------------------------------------------------------- \13\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- Tool steels; \14\ and --------------------------------------------------------------------------- \14\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steels; \15\ --------------------------------------------------------------------------- \15\ Silico-manganese steel is defined as steels containing by weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or more but not more than 1.9 percent of manganese, and (iii) 0.6 percent or more but not more than 2.3 percent of silicon. --------------------------------------------------------------------------- The products subject to this investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7208.10.1500, 7208.10.3000, 7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030, 7208.26.0060, 7208.27.0030, 7208.27.0060, 7208.36.0030, 7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015, 7208.38.0030, 7208.38.0090, 7208.39.0015, 7208.39.0030, 7208.39.0090, 7208.40.6030, 7208.40.6060, 7208.53.0000, 7208.54.0000, 7208.90.0000, 7210.70.3000, 7211.14.0030, 7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000, 7211.19.4500, 7211.19.6000, 7211.19.7530, 7211.19.7560, 7211.19.7590, 7225.11.0000, 7225.19.0000, 7225.30.3050, 7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.5000, 7226.91.7000, and 7226.91.8000. The products subject to the investigation may also enter under the following HTSUS numbers: 7210.90.9000, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.5000, 7226.99.0180, and 7228.60.6000. The HTSUS subheadings above are provided for convenience and U.S. Customs purposes only. The written description of the scope of the investigation is dispositive. [[Page 53439]] Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Margin Calculations V. Comparisons to Fair Value VI. Discussion of Issues Comment 1: Total Adverse Facts Available Comment 2: Level of Trade Comment 3: Home-Market Freight Revenue Comment 4: CEP Credit Expense Comment 5: Restructuring and Impairment Costs Comment 6: Raw Material Costs Comment 7: Energy Costs Comment 8: Partial Adverse Facts Available for Certain Sales Comment 9: Verification Correction VII. Recommendation [FR Doc. 2016-19374 Filed 8-11-16; 8:45 am] BILLING CODE 3510-DS-P
![53436 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
• Tool steels; 11 and IX. Analysis of Comments events occurred since the Preliminary
• Silico-manganese steels; 12 Comment 1: Whether Changes in the Determination was issued.
The products subject to this investigation Ownership (CIO) of Erdemir’s Affiliates In March 2016, the Department
are currently classified in the Harmonized Resulted in Countervailable Subsidies to
Tariff Schedule of the United States (HTSUS)
received supplemental cost responses
Erdemir
under item numbers: 7208.10.1500, Comment 2: Whether the Government of and revised sales files from Tata Steel
7208.10.3000, 7208.10.6000, 7208.25.3000, Turkey’s (GOT’s) Sale of Erdemir to UK Ltd. (TSUK), the sole mandatory
7208.25.6000, 7208.26.0030, 7208.26.0060, OYAK Resulted in a Privatization that respondent in this investigation.2
7208.27.0030, 7208.27.0060, 7208.36.0030, Extinguished the Benefits of Prior In June 2016, AK Steel (one of the
7208.36.0060, 7208.37.0030, 7208.37.0060, Subsidies to Erdemir petitioners),3 and TSUK submitted case
7208.38.0015, 7208.38.0030, 7208.38.0090, Comment 3: Export Sales Denominator for briefs 4 and rebuttal briefs.5 A hearing
7208.39.0015, 7208.39.0030, 7208.39.0090, COTAS and Colakoglu Metalurji was held on June 21, 2016.
7208.40.6030, 7208.40.6060, 7208.53.0000, Comment 4: COTAS’s Rediscount Program
7208.54.0000, 7208.90.0000, 7210.70.3000, Benchmark Scope of the Investigation
7211.14.0030, 7211.14.0090, 7211.19.1500, Comment 5: Whether the Department
7211.19.2000, 7211.19.3000, 7211.19.4500, The products covered by this
Should Correct Certain Errors in
7211.19.6000, 7211.19.7530, 7211.19.7560, Erdemir’s Preliminary Calculations investigation are certain hot-rolled steel
7211.19.7590, 7225.11.0000, 7225.19.0000, X. Recommendation flat products from the United Kingdom.
7225.30.3050, 7225.30.7000, 7225.40.7000, For a complete description of the scope
7225.99.0090, 7226.11.1000, 7226.11.9030, [FR Doc. 2016–19379 Filed 8–11–16; 8:45 am]
of this investigation, see the ‘‘Scope of
7226.11.9060, 7226.19.1000, 7226.19.9000, BILLING CODE 3510–DS–P
the Investigation,’’ in Appendix I of this
7226.91.5000, 7226.91.7000, and
7226.91.8000. The products subject to the notice.
investigation may also enter under the DEPARTMENT OF COMMERCE Scope Comments
following HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000, International Trade Administration In the Preliminary Scope Decision
7212.50.0000, 7214.91.0015, 7214.91.0060, Memorandum,6 the Department set
7214.91.0090, 7214.99.0060, 7214.99.0075, aside a period of time for parties to
7214.99.0090, 7215.90.5000, 7226.99.0180, [A–412–825]
address scope issues in case briefs or
and 7228.60.6000. other written comments on scope issues.
The HTSUS subheadings above are Certain Hot-Rolled Steel Flat Products
provided for convenience and U.S. Customs From the United Kingdom: Final In the Preliminary Determination, we
and Border Protection purposes only. The Determination of Sales at Less Than did not modify the scope language as it
written description of the scope of the Fair Value appeared in the Initiation Notice.7 No
investigation is dispositive.
2 See Letter from TSUK, ‘‘Antidumping Duty
Appendix II AGENCY: Enforcement and Compliance,
Investigation of Certain Hot-Rolled Steel Flat
International Trade Administration, Products from the United Kingdom: TSUK’s Section
List of Topics Discussed in the Issues and Department of Commerce. D Second Supplemental Questionnaire Response’’
Decision Memorandum (March 22, 2016). See also Letter from TSUK,
SUMMARY: The Department of Commerce
I. Summary ‘‘Antidumping Duty Investigation of Certain Hot-
(the Department) determines that Rolled Steel Flat Products from the United
II. Background
III. Scope of the Investigation imports of certain hot-rolled steel flat Kingdom: TSUK’s Submission of Revised Sales
IV. Scope Comments products (hot-rolled steel) from the Files Due to Minor Corrections Presented at Sales
United Kingdom are being, or are likely Verification’’ (March 25, 2016).
V. Subsidies Valuation Information 3 AK Steel Corporation (AK Steel), ArcelorMittal
VI. Benchmarks and Interest Rates to be, sold in the United States at less USA LLC, Nucor Corporation, SSAB Enterprises,
VII. Use of Facts Otherwise Available and than fair value (LTFV). The period of LLC, Steel Dynamics, Inc., and United States Steel
Adverse Inferences investigation (POI) is July 1, 2014, Corporation (collectively, the petitioners).
VIII. Analysis of Programs through June 30, 2015. The final 4 See Letter from the petitioners, ‘‘Certain Hot-
dumping margins of sales at LTFV are Rolled Steel Flat Products From The United
less than 0.95 nor more than 1.13 percent of carbon; Kingdom/Petitioner’s Case Brief’’ (June 8, 2016);
(ii) not less than 0.22 nor more than 0.48 percent
listed below in the ‘‘Final and Letter from TSUK, ‘‘Antidumping Duty
of manganese; (iii) none, or not more than 0.03 Determination’’ section of this notice. Investigation of Certain Hot-Rolled Steel Flat
percent of sulfur; (iv) none, or not more than 0.03 Products from the United Kingdom: Case Brief of
DATES: Effective August 12, 2016.
percent of phosphorus; (v) not less than 0.18 nor Tata Steel UK Ltd. and Tata Steel International
more than 0.37 percent of silicon; (vi) not less than FOR FURTHER INFORMATION CONTACT: (Americas) Inc.’’ (June 8, 2016).
1.25 nor more than 1.65 percent of chromium; (vii) Catherine Cartsos, AD/CVD Operations, 5 See Letter from the petitioners, ‘‘Certain Hot-
none, or not more than 0.28 percent of nickel; (viii) Rolled Steel Flat Products From The United
none, or not more than 0.38 percent of copper; and
Office I, Enforcement and Compliance, Kingdom/Petitioner’s Rebuttal Brief’’ (June 13,
(ix) none, or not more than 0.09 percent of International Trade Administration, 2016); and Letter from TSUK, ‘‘Antidumping Duty
molybdenum. U.S. Department of Commerce, 1401 Investigation of Certain Hot-Rolled Steel Flat
11 Tool steels are defined as steels which contain
Constitution Avenue NW., Washington, Products from the United Kingdom: Rebuttal Brief
the following combinations of elements in the of Tata Steel UK Ltd. and Tata Steel International
DC 20230; telephone: (202) 482–1757. (Americas) Inc.’’ (June 13, 2016).
quantity by weight respectively indicated: (i) More
than 1.2 percent carbon and more than 10.5 percent SUPPLEMENTARY INFORMATION: 6 See Memorandum to Christian Marsh, Deputy
chromium; or (ii) not less than 0.3 percent carbon Assistant Secretary for Antidumping and
and 1.25 percent or more but less than 10.5 percent Background Countervailing Duty Operations, ‘‘Certain Hot-
chromium; or (iii) not less than 0.85 percent carbon Rolled Steel Products From Australia, Brazil, Japan,
and 1 percent to 1.8 percent, inclusive, manganese; On March 22, 2016, the Department the Netherlands, the Republic of Korea, Turkey, and
or (iv) 0.9 percent to 1.2 percent, inclusive, published the Preliminary the United Kingdom: Scope Comments Decision
chromium and 0.9 percent to 1.4 percent, inclusive, Determination of this antidumping duty Memorandum for the Preliminary Determinations,’’
mstockstill on DSK3G9T082PROD with NOTICES
molybdenum; or (v) not less than 0.5 percent carbon dated March 14, 2016 (Preliminary Scope Decision
and not less than 3.5 percent molybdenum; or (vi)
(AD) investigation.1 The following Memorandum).
not less than 0.5 percent carbon and not less than 7 See Preliminary Determination and
5.5 percent tungsten. 1 See Certain Hot-Rolled Steel Flat Products From accompanying Memorandum from Christian Marsh,
12 Silico-manganese steel is defined as steels the United Kingdom: Affirmative Preliminary Deputy Assistant Secretary for Antidumping and
containing by weight: (i) Not more than 0.7 percent Determination of Sales at Less Than Fair Value, Countervailing Duty Operations, to Paul Piquado,
of carbon; (ii) 0.5 percent or more but not more than Postponement of Final Determination and Assistant Secretary for Enforcement and
1.9 percent of manganese, and (iii) 0.6 percent or Extension of Provisional Measures, 81 FR 15244 Compliance, entitled ‘‘Decision Memorandum for
more but not more than 2.3 percent of silicon. (March 22, 2016) (Preliminary Determination). the Preliminary Determination in the Less-Than-
VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1](https://thefederalregister.org/doc/81_FR_53592/page/1.svg)
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Appendix II occurred since the Department suppliers, and facilities located in a
List of Topics Discussed in the Issues and
published the Preliminary foreign economic zone (FEZ). We are
Decision Memorandum Determination, as well as a full also applying adverse facts available to
discussion of the issues raised by parties POSCO’s affiliated trading company,
I. Summary
II. Background
for this final determination, may be Daewoo International Corporation
III. Scope of the Investigation found in the Issues and Decision (DWI) 4 for certain loans presented at
IV. Margin Calculations Memorandum.2 The Issues and Decision verification. Further, we find that the
V. Comparisons to Fair Value Memorandum is a public document and application of adverse facts available is
VI. Discussion of Issues is on file electronically via Enforcement warranted for Hyundai Steel for its
Comment 1: Total Adverse Facts Available and Compliance’s Antidumping and failure to report its location in an FEZ.
Comment 2: Level of Trade Countervailing Duty Centralized For further information, see the section
Comment 3: Home-Market Freight Revenue Electronic Service System (ACCESS). ‘‘Use of Facts Otherwise Available and
Comment 4: CEP Credit Expense ACCESS is available to registered users Adverse Inferences’’ in the
Comment 5: Restructuring and Impairment at http://access.trade.gov, and is
Costs
accompanying Issues and Decision
Comment 6: Raw Material Costs
available to all parties in the Central Memorandum.
Comment 7: Energy Costs Records Unit, Room B8024, of the main
Department of Commerce building. In Changes Since the Preliminary
Comment 8: Partial Adverse Facts
addition, a complete version of the Determination
Available for Certain Sales
Comment 9: Verification Correction Issues and Decision Memorandum can Based on our analysis of the
VII. Recommendation be accessed directly at http://
comments received from parties and the
[FR Doc. 2016–19374 Filed 8–11–16; 8:45 am] enforcement.trade.gov/frn/. The signed
minor corrections presented, and
Issues and Decision Memorandum and
BILLING CODE 3510–DS–P additional items discovered at
the electronic version are identical in
verification, we made certain changes to
content.
the respondents’ subsidy rate
DEPARTMENT OF COMMERCE Scope of the Investigation calculations. For a discussion of these
The products covered by this changes, see the Issues and Decision
International Trade Administration
investigation are hot-rolled steel flat Memorandum.
[C–580–884] products from Korea. For a complete Final Determination
Countervailing Duty Investigation of description of the scope of this
Certain Hot-Rolled Steel Flat Products investigation, see the ‘‘Scope of the In accordance with section
From the Republic of Korea: Final Investigation,’’ in Appendix II of this 705(c)(1)(B)(i) of the Act, we calculated
notice. a rate for POSCO and Hyundai Steel, the
Affirmative Determination
two exporters/producers of subject
Analysis of Subsidy Programs and
AGENCY: Enforcement and Compliance, Comments Received merchandise selected for individual
International Trade Administration, examination in this investigation.
Department of Commerce. The subsidy programs under
investigation and the issues raised in In accordance with sections
SUMMARY: The Department of Commerce 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the
(the Department) determines that the case and rebuttal briefs by parties in
this investigation are discussed in the Act, for companies not individually
countervailable subsidies are being investigated, we apply an ‘‘all-others’’
provided to producers/exporters of Issues and Decision Memorandum. A
list of the issues that parties raised, and rate, which is normally calculated by
certain hot-rolled steel flat products weighting the subsidy rates of the
to which we responded in the Issues
(hot-rolled steel) from the Republic of individual companies selected as
and Decision Memorandum, is attached
Korea (Korea). For information on the respondents with those companies’
to this notice as Appendix I.
subsidy rates, see the ‘‘Final export sales of the subject merchandise
Determination’’ section of this notice. Use of Adverse Facts Available to the United States. Under section
The period of investigation is January 1, In making this final determination, 705(c)(5)(A)(i) of the Act, the all-others
2014, through December 31, 2014. the Department relied, in part, on facts rate should exclude zero and de
DATES: Effective August 12, 2016. available and, because POSCO and minimis rates calculated for the
FOR FURTHER INFORMATION CONTACT: Hyundai Steel Co., Ltd. (Hyundai Steel) exporters and producers individually
Katie Marksberry, AD/CVD Operations, did not act to the best of their ability in investigated, and any rates determined
Office V, Enforcement and Compliance, responding to the Department’s requests entirely under section 776 of the Act.
International Trade Administration, for information, we drew an adverse Therefore, we have excluded the rate
U.S. Department of Commerce, 14th inference where appropriate in selecting calculated for POSCO because it was
Street and Constitution Avenue NW., from among the facts otherwise determined entirely under section 776
Washington, DC 20230; telephone (202) available.3 Specifically, we find that the of the Act. Thus, for the ‘‘all-others’’
482–7906. application of adverse facts available is rate, we applied the rate calculated for
SUPPLEMENTARY INFORMATION: warranted for POSCO for its failure to Hyundai Steel.
report certain cross-owned input
Background Subsidy rate
Company
(January 15, 2016) (Preliminary Determination), and (percent)
The Department published the
mstockstill on DSK3G9T082PROD with NOTICES
accompanying Preliminary Decision Memorandum
Preliminary Determination on January (PDM). POSCO ................................. 57.04
15, 2016.1 A summary of events that 2 See Memorandum to Paul Piquado, ‘‘Issues and Hyundai Steel Co., Ltd. ........ 3.89
Decision Memorandum for the Final Determination All-Others .............................. 3.89
1 See Countervailing Duty Investigation of Certain in the Countervailing Duty Investigation of Certain
Hot-Rolled Steel Flat Products From the Republic of Hot-Rolled Steel Flat Products from the Republic of
Korea: Preliminary Negative Determination and Korea,’’ dated August 4, 2016 (Issues and Decision 4 POSCO reported at verification that DWI
Alignment of Final Determination With Final Memorandum). changed its name to POSCO Daewoo Corporation
Antidumping Duty Determination, 81 FR 2172 3 See sections 776(a) and (b) of the Act. (PDC) in March 2016. See IDM at 6.
VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1](https://thefederalregister.org/doc/81_FR_53592/page/4.svg)
Document Created: 2018-02-09 11:33:08
Document Modified: 2018-02-09 11:33:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective August 12, 2016. | |
| Contact | Catherine Cartsos, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1757. | |
| FR Citation | 81 FR 53436 |
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