81_FR_68151 81 FR 67960 - Certain Hot-Rolled Steel Flat Products From Brazil and the Republic of Korea: Amended Final Affirmative Countervailing Duty Determinations and Countervailing Duty Orders

81 FR 67960 - Certain Hot-Rolled Steel Flat Products From Brazil and the Republic of Korea: Amended Final Affirmative Countervailing Duty Determinations and Countervailing Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 191 (October 3, 2016)

Page Range67960-67962
FR Document2016-23835

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing countervailing duty (CVD) orders on certain hot-rolled steel flat products (hot-rolled steel) from Brazil and the Republic of Korea (Korea). In addition, the Department is amending its final affirmative determination with respect to Korea to correct the rate assigned to POSCO.

Federal Register, Volume 81 Issue 191 (Monday, October 3, 2016)
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 67960-67962]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23835]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-846, C-580-884]


Certain Hot-Rolled Steel Flat Products From Brazil and the 
Republic of Korea: Amended Final Affirmative Countervailing Duty 
Determinations and Countervailing Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing countervailing duty (CVD) orders on certain 
hot-rolled steel flat products (hot-rolled steel) from Brazil and the 
Republic of Korea (Korea). In addition, the Department is amending its 
final affirmative determination with respect to Korea to correct the 
rate assigned to POSCO.

DATES: Effective October 3, 2016.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin at (202) 482-6478 
(Brazil); and Katie Marksberry at (202) 482-7906 (Korea); AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 705(a) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.210(c), on August 4, 2016, the 
Department made final determinations that countervailable subsidies are 
being provided to producers and exporters of hot-rolled steel from 
Brazil and Korea.\1\ Pursuant to section 705(d) of the Act, the 
Department published the affirmative final determinations on August 12, 
2016.\2\
---------------------------------------------------------------------------

    \1\ Pursuant to section 735(c)(2) of the Act, we have terminated 
the countervailing duty investigation of hot-rolled steel from 
Turkey because the ITC found imports subsidized by the government of 
Turkey to be negligible, see Letter to Christian Marsh, Deputy 
Assistant Secretary of Commerce for Enforcement and Compliance, from 
Irving Williamson, Chairman of the U.S. International Trade 
Commission, regarding antidumping and countervailing duty 
investigations concerning imports of certain hot-rolled steel flat 
products from Australia, Brazil, Japan, Korea, the Netherlands, 
Turkey, and the United Kingdom (Investigation Nos. 701-TA-545-547 
and 731-TA-1291-1297 (September 26, 2016) (ITC Letter).
    \2\ See Countervailing Duty Investigation of Certain Hot-Rolled 
Steel Flat Products from Brazil: Final Affirmative Determination, 
and Final Determination of Critical Circumstances, in Part, 81 FR 
53416 (August 12, 2016) (Brazil CVD Final Determination); 
Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat 
Products from the Republic of Korea: Final Affirmative 
Determination, 81 FR 53439 (August 12, 2016) (Korea CVD Final 
Determination); Countervailing Duty Investigation of Certain Hot-
Rolled Steel Flat Products From the Republic of Turkey: Final 
Affirmative Determination, 81 FR 53433 (August 12, 2016).
---------------------------------------------------------------------------

    On August 12, 2016, Hyundai Steel and POSCO timely filed 
ministerial error comments, alleging that the Department made errors in 
the final determination of the CVD investigation of hot-rolled steel 
from Korea. On August 17, 2016, Nucor Corporation (Petitioner) filed 
rebuttal comments. We analyzed the allegations submitted by Hyundai 
Steel and POSCO, and determined that one ministerial error exists, as 
defined by section 705(e) of the Act and 19 CFR 351.224(f).\3\ See 
``Amendment to the Korea Final Determination'' section below for 
further discussion.
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    \3\ See Department Memorandum regarding ``Countervailing Duty 
Investigation: Certain Hot-Rolled Steel Flat Products from the 
Republic of Korea: Response to Ministerial Error Comments filed by 
Hyundai Steel Co., Ltd. and POSCO,'' dated August 23, 2016 (Korea 
Ministerial Error Decision Memorandum).
---------------------------------------------------------------------------

    On September 26, 2016, the ITC notified the Department of its final 
determinations that an industry in the United States is materially 
injured by reason of subsidized imports of subject merchandise from 
Brazil and Korea, within the meaning of section 705(b)(1)(A)(i) of the 
Act and that critical circumstances do not exist with respect to 
imports of subject merchandise from Brazil.\4\
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    \4\ See ITC Letter.
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Scope of the Orders

    The products covered by these orders are certain hot-rolled steel 
flat products. For a complete description of the scope of the orders, 
see Appendix I.

Amendment to the Korea CVD Final Determination

    As discussed above, after analyzing the comments received from 
Hyundai Steel and POSCO, we determined, in accordance with section 
705(e) of the Act and 19 CFR 351.224(f), that we made a ministerial 
error with regard to certain calculations in the Korea CVD Final 
Determination with respect to POSCO. This amended final CVD 
determination corrects these errors and revises the ad valorem subsidy 
rate for POSCO to 58.68 percent (from 57.04 percent).\5\ There is no 
change to the ``all others'' rate because POSCO's rate was determined 
entirely under section 776 of the Act, and therefore, excluded from the 
``all others'' rate calculation.
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    \5\ See Korea Ministerial Error Decision Memorandum. See also 
Department Memorandum regarding ``Countervailing Duty Investigation 
of Certain Hot-Rolled Steel Flat Products from the Republic of 
Korea: Amended Final Determination Calculation Memorandum for 
POSCO,'' dated August 23, 2016.
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Countervailing Duty Orders

    In accordance with sections 705(b)(1)(A)(i), and 705(d) of the Act, 
the ITC has notified the Department of its final determinations that 
the industry in the United States producing hot-rolled steel is 
materially injured by reason of subsidized imports of hot-rolled steel 
from Brazil and Korea, and that critical circumstances do not exist 
with respect to imports of subject merchandise from Brazil.\6\ 
Therefore, in

[[Page 67961]]

accordance with section 705(c)(2) of the Act, we are publishing these 
CVD orders.
---------------------------------------------------------------------------

    \6\ See ITC Letter.
---------------------------------------------------------------------------

Brazil

    As a result of the ITC's final determinations, in accordance with 
section 706(a) of the Act, the Department will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by the 
Department, countervailing duties on unliquidated entries of hot-rolled 
steel from Brazil entered, or withdrawn from warehouse, for consumption 
on or after January 15, 2016, the date on which the Department 
published its preliminary affirmative countervailing duty 
determinations in the Federal Register,\7\ and before May 14, 2016, the 
date on which the Department instructed CBP to discontinue the 
suspension of liquidation in accordance with section 703(d) of the Act. 
Section 703(d) of the Act states that the suspension of liquidation 
pursuant to a preliminary determination may not remain in effect for 
more than four months. Therefore, entries of hot-rolled steel from 
Brazil made on or after May 14, 2016, and prior to the date of 
publication of the ITC's final determination in the Federal Register, 
are not liable for assessment of countervailing duties due to the 
Department's discontinuation, effective May 14, 2016, of the suspension 
of liquidation.
---------------------------------------------------------------------------

    \7\ See Countervailing Duty Investigation of Certain Cold-Rolled 
Steel Flat Products from Brazil: Preliminary Affirmative 
Determination and Alignment of Final Determination With Final 
Antidumping Duty Determination, 81 FR 2168 (January 15, 2016) 
(Brazil CVD Preliminary Determination).
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Korea

    Because the Department's preliminary determination in the Korea CVD 
investigation was negative, we did not instruct CBP to suspend 
liquidation with regard to entries of hot-rolled steel from Korea.\8\ 
The Department's final determination was affirmative, and therefore, we 
directed CBP to suspend liquidation.\9\ Therefore, with regard to 
Korea, we will direct CBP to assess, upon further instruction by the 
Department, countervailing duties on unliquidated entries of hot-rolled 
steel entered, or withdrawn from warehouse, for consumption on or after 
August 12, 2016, the date on which the Department published the Korea 
CVD Final Determination in the Federal Register.
---------------------------------------------------------------------------

    \8\ See Countervailing Duty Investigation of Certain Hot-Rolled 
Steel Flat Products from the Republic of Korea: Preliminary Negative 
Determination and Alignment of Final Determination With Final 
Antidumping Duty Determination, 81 FR 2172 (January 15, 2016) (Korea 
CVD Preliminary Determination).
    \9\ See Korea CVD Final Determination, 81 FR at 53440.
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Suspension of Liquidation

    In accordance with section 706 of the Act, we will direct CBP to 
reinstitute the suspension of liquidation of hot-rolled steel from 
Brazil effective on the date of publication of the ITC's notice of 
final determinations in the Federal Register, and to continue the 
suspension of liquidation of hot-rolled steel from Korea, effective on 
the date of publication of the Department's notice of final 
determination in the Federal Register. We will also direct CBP to 
assess, upon further instruction by the Department, pursuant to section 
706(a)(1) of the Act, countervailing duties for each entry of the 
subject merchandise in an amount based on the net countervailable 
subsidy rates for the subject merchandise.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of hot-rolled steel from Brazil, we will 
instruct CBP to lift suspension and to refund any cash deposits made to 
secure the payment of estimated countervailing duties with respect to 
entries of the subject merchandise entered, or withdrawn from warehouse 
for consumption on or after October 17, 2015 (i.e., 90 days prior to 
the date of the publication of the CVD Preliminary Determination), but 
before January 15, 2016 (i.e., the date of publication of the CVD 
Preliminary Determination).
    On or after the date of publication of the ITC's final injury 
determinations in the Federal Register, CBP must require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, a cash deposit equal to the rates noted below:

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


------------------------------------------------------------------------
                                                                Subsidy
                 Exporter/proucer from Korea                     rate
                                                               (percent)
------------------------------------------------------------------------
POSCO.......................................................       58.68
Hyundai Steel Co., Ltd......................................        3.89
All Others..................................................        3.89
------------------------------------------------------------------------

Notifications to Interested Parties

    This notice constitutes the CVD orders with respect to hot-rolled 
steel from Brazil and Korea, pursuant to section 706(a) of the Act. 
Interested parties can find a list of countervailing duty orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: September 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

    The products covered by this order 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
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    \10\ 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).
    \11\ 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).
---------------------------------------------------------------------------

    (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.

[[Page 67962]]

    Steel products included in the scope of this order 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 orders 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 these orders 
unless specifically excluded. The following products are outside of 
and/or specifically excluded from the scope of this order:
     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\
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    \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\
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    \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 order 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 order 
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 order is dispositive.

[FR Doc. 2016-23835 Filed 9-30-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                67960                        Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices

                                                6. Catrina Purvis, Chief Privacy Officer                International Trade Commission (ITC),                    exists, as defined by section 705(e) of
                                                    and Director of Open Government,                    the Department is issuing countervailing                 the Act and 19 CFR 351.224(f).3 See
                                                    Career SES                                          duty (CVD) orders on certain hot-rolled                  ‘‘Amendment to the Korea Final
                                                7. Rodney Turk, Director of Cyber                       steel flat products (hot-rolled steel) from              Determination’’ section below for
                                                    Security and Chief Information                      Brazil and the Republic of Korea                         further discussion.
                                                    Security Officer, Career SES                        (Korea). In addition, the Department is                     On September 26, 2016, the ITC
                                                   Dated: September 20, 2016.                           amending its final affirmative                           notified the Department of its final
                                                                                                        determination with respect to Korea to                   determinations that an industry in the
                                                Denise A. Yaag,
                                                                                                        correct the rate assigned to POSCO.                      United States is materially injured by
                                                Director, Office of Executive Resources, Office                                                                  reason of subsidized imports of subject
                                                of Human Resources Management, Office of                DATES: Effective October 3, 2016.
                                                                                                        FOR FURTHER INFORMATION CONTACT:                         merchandise from Brazil and Korea,
                                                the Secretary/Office of the CFO/ASA,
                                                Department of Commerce.                                 Sergio Balbontin at (202) 482–6478                       within the meaning of section
                                                                                                        (Brazil); and Katie Marksberry at (202)                  705(b)(1)(A)(i) of the Act and that
                                                [FR Doc. 2016–23655 Filed 9–30–16; 8:45 am]
                                                                                                        482–7906 (Korea); AD/CVD Operations,                     critical circumstances do not exist with
                                                BILLING CODE 3510–25–P
                                                                                                        Enforcement and Compliance,                              respect to imports of subject
                                                                                                        International Trade Administration,                      merchandise from Brazil.4
                                                DEPARTMENT OF COMMERCE                                  U.S. Department of Commerce, 1401                        Scope of the Orders
                                                                                                        Constitution Avenue NW., Washington,
                                                Foreign-Trade Zones Board                                                                                          The products covered by these orders
                                                                                                        DC 20230.
                                                                                                                                                                 are certain hot-rolled steel flat products.
                                                [B–40–2016]                                             SUPPLEMENTARY INFORMATION:                               For a complete description of the scope
                                                                                                        Background                                               of the orders, see Appendix I.
                                                Foreign-Trade Zone (FTZ) 133—Quad-
                                                Cities, Iowa/Illinois; Authorization of                    In accordance with section 705(a) of                  Amendment to the Korea CVD Final
                                                Production Activity; Deere & Company,                   the Tariff Act of 1930, as amended (the                  Determination
                                                Subzone 133F, (Construction and                         Act), and 19 CFR 351.210(c), on August                     As discussed above, after analyzing
                                                Forestry Equipment), Dubuque, Iowa                      4, 2016, the Department made final                       the comments received from Hyundai
                                                                                                        determinations that countervailable                      Steel and POSCO, we determined, in
                                                  On May 26, 2016, Deere & Company                      subsidies are being provided to                          accordance with section 705(e) of the
                                                submitted a notification of proposed                    producers and exporters of hot-rolled                    Act and 19 CFR 351.224(f), that we
                                                production activity to the Foreign-Trade                steel from Brazil and Korea.1 Pursuant                   made a ministerial error with regard to
                                                Zones (FTZ) Board for its facility within               to section 705(d) of the Act, the                        certain calculations in the Korea CVD
                                                Subzone 133F, in Dubuque, Iowa.                         Department published the affirmative                     Final Determination with respect to
                                                  The notification was processed in                     final determinations on August 12,                       POSCO. This amended final CVD
                                                accordance with the regulations of the                  2016.2                                                   determination corrects these errors and
                                                FTZ Board (15 CFR part 400), including                     On August 12, 2016, Hyundai Steel                     revises the ad valorem subsidy rate for
                                                notice in the Federal Register inviting                 and POSCO timely filed ministerial                       POSCO to 58.68 percent (from 57.04
                                                public comment (81 FR 39890, June 20,                   error comments, alleging that the                        percent).5 There is no change to the ‘‘all
                                                2016). The FTZ Board has determined                     Department made errors in the final                      others’’ rate because POSCO’s rate was
                                                that no further review of the activity is               determination of the CVD investigation                   determined entirely under section 776
                                                warranted at this time. The production                  of hot-rolled steel from Korea. On                       of the Act, and therefore, excluded from
                                                activity described in the notification is               August 17, 2016, Nucor Corporation                       the ‘‘all others’’ rate calculation.
                                                authorized, subject to the FTZ Act and                  (Petitioner) filed rebuttal comments. We
                                                the Board’s regulations, including                      analyzed the allegations submitted by                    Countervailing Duty Orders
                                                Section 400.14.                                         Hyundai Steel and POSCO, and                                In accordance with sections
                                                  Dated: September 23, 2016.
                                                                                                        determined that one ministerial error                    705(b)(1)(A)(i), and 705(d) of the Act,
                                                Andrew McGilvray,                                                                                                the ITC has notified the Department of
                                                                                                           1 Pursuant to section 735(c)(2) of the Act, we have
                                                Executive Secretary.                                                                                             its final determinations that the industry
                                                                                                        terminated the countervailing duty investigation of
                                                                                                        hot-rolled steel from Turkey because the ITC found       in the United States producing hot-
                                                [FR Doc. 2016–23827 Filed 9–30–16; 8:45 am]
                                                                                                        imports subsidized by the government of Turkey to        rolled steel is materially injured by
                                                BILLING CODE 3510–DS–P                                  be negligible, see Letter to Christian Marsh, Deputy     reason of subsidized imports of hot-
                                                                                                        Assistant Secretary of Commerce for Enforcement          rolled steel from Brazil and Korea, and
                                                                                                        and Compliance, from Irving Williamson, Chairman
                                                DEPARTMENT OF COMMERCE                                  of the U.S. International Trade Commission,              that critical circumstances do not exist
                                                                                                        regarding antidumping and countervailing duty            with respect to imports of subject
                                                                                                        investigations concerning imports of certain hot-        merchandise from Brazil.6 Therefore, in
                                                International Trade Administration                      rolled steel flat products from Australia, Brazil,
                                                [C–351–846, C–580–884]                                  Japan, Korea, the Netherlands, Turkey, and the
                                                                                                                                                                    3 See Department Memorandum regarding
                                                                                                        United Kingdom (Investigation Nos. 701–TA–545–
                                                                                                        547 and 731–TA–1291–1297 (September 26, 2016)            ‘‘Countervailing Duty Investigation: Certain Hot-
                                                Certain Hot-Rolled Steel Flat Products                  (ITC Letter).                                            Rolled Steel Flat Products from the Republic of
                                                From Brazil and the Republic of Korea:                     2 See Countervailing Duty Investigation of Certain    Korea: Response to Ministerial Error Comments
                                                Amended Final Affirmative                               Hot-Rolled Steel Flat Products from Brazil: Final        filed by Hyundai Steel Co., Ltd. and POSCO,’’ dated
                                                                                                        Affirmative Determination, and Final                     August 23, 2016 (Korea Ministerial Error Decision
                                                Countervailing Duty Determinations                                                                               Memorandum).
                                                                                                        Determination of Critical Circumstances, in Part, 81
sradovich on DSK3GMQ082PROD with NOTICES




                                                and Countervailing Duty Orders                          FR 53416 (August 12, 2016) (Brazil CVD Final
                                                                                                                                                                    4 See ITC Letter.
                                                                                                                                                                    5 See Korea Ministerial Error Decision
                                                                                                        Determination); Countervailing Duty Investigation
                                                AGENCY:  Enforcement and Compliance,                    of Certain Hot-Rolled Steel Flat Products from the       Memorandum. See also Department Memorandum
                                                International Trade Administration,                     Republic of Korea: Final Affirmative Determination,      regarding ‘‘Countervailing Duty Investigation of
                                                Department of Commerce.                                 81 FR 53439 (August 12, 2016) (Korea CVD Final           Certain Hot-Rolled Steel Flat Products from the
                                                                                                        Determination); Countervailing Duty Investigation        Republic of Korea: Amended Final Determination
                                                SUMMARY: Based on affirmative final                                                                              Calculation Memorandum for POSCO,’’ dated
                                                                                                        of Certain Hot-Rolled Steel Flat Products From the
                                                determinations by the Department of                     Republic of Turkey: Final Affirmative                    August 23, 2016.
                                                Commerce (the Department) and the                       Determination, 81 FR 53433 (August 12, 2016).               6 See ITC Letter.




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                                                                              Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices                                                            67961

                                                accordance with section 705(c)(2) of the                published the Korea CVD Final                                  section 706(a) of the Act. Interested
                                                Act, we are publishing these CVD                        Determination in the Federal Register.                         parties can find a list of countervailing
                                                orders.                                                                                                                duty orders currently in effect at http://
                                                                                                        Suspension of Liquidation
                                                                                                                                                                       enforcement.trade.gov/stats/
                                                Brazil                                                     In accordance with section 706 of the                       iastats1.html.
                                                   As a result of the ITC’s final                       Act, we will direct CBP to reinstitute the                       These orders are issued and published
                                                determinations, in accordance with                      suspension of liquidation of hot-rolled                        in accordance with section 706(a) of the
                                                section 706(a) of the Act, the                          steel from Brazil effective on the date of                     Act and 19 CFR 351.211(b).
                                                Department will direct U.S. Customs                     publication of the ITC’s notice of final                         Dated: September 27, 2016.
                                                and Border Protection (CBP) to assess,                  determinations in the Federal Register,
                                                                                                                                                                       Paul Piquado,
                                                upon further instruction by the                         and to continue the suspension of
                                                Department, countervailing duties on                                                                                   Assistant Secretary for Enforcement and
                                                                                                        liquidation of hot-rolled steel from
                                                                                                                                                                       Compliance.
                                                unliquidated entries of hot-rolled steel                Korea, effective on the date of
                                                from Brazil entered, or withdrawn from                  publication of the Department’s notice                         Appendix I
                                                warehouse, for consumption on or after                  of final determination in the Federal                             The products covered by this order are
                                                January 15, 2016, the date on which the                 Register. We will also direct CBP to                           certain hot-rolled, flat-rolled steel products,
                                                Department published its preliminary                    assess, upon further instruction by the                        with or without patterns in relief, and
                                                affirmative countervailing duty                         Department, pursuant to section                                whether or not annealed, painted, varnished,
                                                determinations in the Federal Register,7                706(a)(1) of the Act, countervailing                           or coated with plastics or other non-metallic
                                                and before May 14, 2016, the date on                    duties for each entry of the subject                           substances. The products covered do not
                                                which the Department instructed CBP to                  merchandise in an amount based on the                          include those that are clad, plated, or coated
                                                discontinue the suspension of                           net countervailable subsidy rates for the                      with metal. The products covered include
                                                liquidation in accordance with section                                                                                 coils that have a width or other lateral
                                                                                                        subject merchandise.
                                                703(d) of the Act. Section 703(d) of the                                                                               measurement (‘‘width’’) of 12.7 mm or
                                                                                                        Critical Circumstances                                         greater, regardless of thickness, and
                                                Act states that the suspension of
                                                                                                                                                                       regardless of form of coil (e.g., in
                                                liquidation pursuant to a preliminary                      With regard to the ITC’s negative                           successively superimposed layers, spirally
                                                determination may not remain in effect                  critical circumstances determination on                        oscillating, etc.). The products covered also
                                                for more than four months. Therefore,                   imports of hot-rolled steel from Brazil,                       include products not in coils (e.g., in straight
                                                entries of hot-rolled steel from Brazil                 we will instruct CBP to lift suspension                        lengths) of a thickness of less than 4.75 mm
                                                made on or after May 14, 2016, and                      and to refund any cash deposits made                           and a width that is 12.7 mm or greater and
                                                prior to the date of publication of the                 to secure the payment of estimated                             that measures at least 10 times the thickness.
                                                ITC’s final determination in the Federal                countervailing duties with respect to                          The products described above may be
                                                Register, are not liable for assessment of              entries of the subject merchandise                             rectangular, square, circular, or other shape
                                                countervailing duties due to the                                                                                       and include products of either rectangular or
                                                                                                        entered, or withdrawn from warehouse
                                                                                                                                                                       non-rectangular cross-section where such
                                                Department’s discontinuation, effective                 for consumption on or after October 17,                        cross-section is achieve subsequent to the
                                                May 14, 2016, of the suspension of                      2015 (i.e., 90 days prior to the date of                       rolling process, i.e., products which have
                                                liquidation.                                            the publication of the CVD Preliminary                         been ‘‘worked after rolling’’ (e.g., products
                                                Korea                                                   Determination), but before January 15,                         which have been beveled or rounded at the
                                                                                                        2016 (i.e., the date of publication of the                     edges). For purposes of the width and
                                                   Because the Department’s preliminary                 CVD Preliminary Determination).                                thickness requirements referenced above:
                                                determination in the Korea CVD                             On or after the date of publication of                         (1) Where the nominal and actual
                                                investigation was negative, we did not                  the ITC’s final injury determinations in                       measurements vary, a product is within the
                                                instruct CBP to suspend liquidation                     the Federal Register, CBP must require,                        scope if application of either the nominal or
                                                with regard to entries of hot-rolled steel                                                                             actual measurement would place it within
                                                                                                        at the same time as importers would                            the scope based on the definitions set forth
                                                from Korea.8 The Department’s final                     normally deposit estimated duties on
                                                determination was affirmative, and                                                                                     above unless the resulting measurement
                                                                                                        this merchandise, a cash deposit equal                         makes the product covered by the existing
                                                therefore, we directed CBP to suspend                   to the rates noted below:                                      antidumping 10 or countervailing duty 11
                                                liquidation.9 Therefore, with regard to                                                                                orders on Certain Cut-To-Length Carbon-
                                                Korea, we will direct CBP to assess,                                                                        Subsidy    Quality Steel Plate Products From the
                                                upon further instruction by the                            Exporter/proucer from Brazil                      rate      Republic of Korea (A–580–836; C–580–837),
                                                Department, countervailing duties on                                                                       (percent)   and
                                                unliquidated entries of hot-rolled steel                                                                                  (2) where the width and thickness vary for
                                                                                                        Companhia Siderurgica Nacional                                 a specific product (e.g., the thickness of
                                                entered, or withdrawn from warehouse,
                                                                                                          (CSN) ......................................         11.30   certain products with non-rectangular cross-
                                                for consumption on or after August 12,                  Usinas Siderurgicas de Minas
                                                2016, the date on which the Department                                                                                 section, the width of certain products with
                                                                                                          Gerais S.A. (Usiminas) ...........                   11.09   non-rectangular shape, etc.), the
                                                                                                        All Others ....................................        11.20   measurement at its greatest width or
                                                  7 See  Countervailing Duty Investigation of Certain
                                                Cold-Rolled Steel Flat Products from Brazil:                                                                           thickness applies.
                                                Preliminary Affirmative Determination and                                                                   Subsidy
                                                Alignment of Final Determination With Final                Exporter/proucer from Korea                       rate        10 See Notice of Amendment of Final

                                                Antidumping Duty Determination, 81 FR 2168                                                                 (percent)   Determinations of Sales at Less Than Fair Value
                                                (January 15, 2016) (Brazil CVD Preliminary                                                                             and Antidumping Duty Orders: Certain Cut-To-
                                                Determination).                                         POSCO .......................................          58.68   Length Carbon-Quality Steel Plate Products From
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                                                   8 See Countervailing Duty Investigation of Certain                                                                  France, India, Indonesia, Italy, Japan and the
                                                                                                        Hyundai Steel Co., Ltd ...............                  3.89
                                                Hot-Rolled Steel Flat Products from the Republic of     All Others ....................................         3.89   Republic of Korea, 65 FR 6585 (February 10, 2000).
                                                Korea: Preliminary Negative Determination and                                                                            11 See Notice of Amended Final Determinations:
                                                Alignment of Final Determination With Final                                                                            Certain Cut-to-Length Carbon-Quality Steel Plate
                                                Antidumping Duty Determination, 81 FR 2172              Notifications to Interested Parties                            From India and the Republic of Korea; and Notice
                                                (January 15, 2016) (Korea CVD Preliminary                                                                              of Countervailing Duty Orders: Certain Cut-To-
                                                Determination).
                                                                                                           This notice constitutes the CVD
                                                                                                                                                                       Length Carbon-Quality Steel Plate From France,
                                                   9 See Korea CVD Final Determination, 81 FR at        orders with respect to hot-rolled steel                        India, Indonesia, Italy, and the Republic of Korea,
                                                53440.                                                  from Brazil and Korea, pursuant to                             65 FR 6587 (February 10, 2000).



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                                                67962                         Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices

                                                   Steel products included in the scope of this             • Ball bearing steels; 13                             DEPARTMENT OF COMMERCE
                                                order are products in which: (1) Iron                       • Tool steels; 14 and
                                                predominates, by weight, over each of the                   • Silico-manganese steels; 15                         International Trade Administration
                                                other contained elements; (2) the carbon                    The products subject to this order are
                                                content is 2 percent or less, by weight; and              currently classified in the Harmonized Tariff
                                                (3) none of the elements listed below exceeds                                                                     [A–602–809, A–351–845, A–588–874, A–580–
                                                                                                          Schedule of the United States (‘‘HTSUS’’)               883, A–421–813, A–489–826, A–412–825]
                                                the quantity, by weight, respectively
                                                                                                          under item numbers: 7208.10.1500,
                                                indicated:
                                                                                                          7208.10.3000, 7208.10.6000, 7208.25.3000,               Certain Hot-Rolled Steel Flat Products
                                                • 2.50 percent of manganese, or
                                                                                                          7208.25.6000, 7208.26.0030, 7208.26.0060,               From Australia, Brazil, Japan, the
                                                • 3.30 percent of silicon, or
                                                • 1.50 percent of copper, or                              7208.27.0030, 7208.27.0060, 7208.36.0030,               Republic of Korea, the Netherlands,
                                                • 1.50 percent of aluminum, or                            7208.36.0060, 7208.37.0030, 7208.37.0060,               the Republic of Turkey, and the United
                                                • 1.25 percent of chromium, or                            7208.38.0015, 7208.38.0030, 7208.38.0090,               Kingdom: Amended Final Affirmative
                                                • 0.30 percent of cobalt, or                              7208.39.0015, 7208.39.0030, 7208.39.0090,               Antidumping Determinations for
                                                • 0.40 percent of lead, or                                7208.40.6030, 7208.40.6060, 7208.53.0000,               Australia, the Republic of Korea, and
                                                • 2.00 percent of nickel, or                              7208.54.0000, 7208.90.0000, 7210.70.3000,               the Republic of Turkey and
                                                • 0.30 percent of tungsten, or                            7211.14.0030, 7211.14.0090, 7211.19.1500,
                                                • 0.80 percent of molybdenum, or                                                                                  Antidumping Duty Orders
                                                                                                          7211.19.2000, 7211.19.3000, 7211.19.4500,
                                                • 0.10 percent of niobium, or                             7211.19.6000, 7211.19.7530, 7211.19.7560,
                                                • 0.30 percent of vanadium, or                                                                                    AGENCY:  Enforcement and Compliance,
                                                                                                          7211.19.7590, 7225.11.0000, 7225.19.0000,               International Trade Administration,
                                                • 0.30 percent of zirconium.
                                                                                                          7225.30.3050, 7225.30.7000, 7225.40.7000,               Department of Commerce.
                                                   Unless specifically excluded, products are             7225.99.0090, 7226.11.1000, 7226.11.9030,
                                                included in this scope regardless of levels of            7226.11.9060, 7226.19.1000, 7226.19.9000,               SUMMARY:    Based on affirmative final
                                                boron and titanium.                                                                                               determinations by the Department of
                                                                                                          7226.91.5000, 7226.91.7000, and
                                                   For example, specifically included in this                                                                     Commerce (the Department) and the
                                                scope are vacuum degassed, fully stabilized               7226.91.8000. The products subject to the
                                                (commonly referred to as interstitial-free (IF))          order may also enter under the following                International Trade Commission (the
                                                steels, high strength low alloy (HSLA) steels,            HTSUS numbers: 7210.90.9000,                            ITC), the Department is issuing
                                                the substrate for motor lamination steels,                7211.90.0000, 7212.40.1000, 7212.40.5000,               antidumping duty orders on certain hot-
                                                Advanced High Strength Steels (AHSS), and                 7212.50.0000, 7214.91.0015, 7214.91.0060,               rolled steel flat products (hot-rolled
                                                Ultra High Strength Steels (UHSS). IF steels              7214.91.0090, 7214.99.0060, 7214.99.0075,               steel) from Australia, Brazil, Japan, the
                                                are recognized as low carbon steels with                  7214.99.0090, 7215.90.5000, 7226.99.0180,               Republic of Korea, the Netherlands, the
                                                micro-alloying levels of elements such as                 and 7228.60.6000.                                       Republic of Turkey, and the United
                                                titanium and/or niobium added to stabilize                  The HTSUS subheadings above are                       Kingdom. In addition, the Department is
                                                carbon and nitrogen elements. HSLA steels                 provided for convenience and U.S. Customs
                                                are recognized as steels with micro-alloying
                                                                                                                                                                  amending its final determinations of
                                                                                                          purposes only. The written description of the           sales at less-than-fair-value (LTFV) from
                                                levels of elements such as chromium, copper,
                                                niobium, titanium, vanadium, and                          scope of the order is dispositive.                      Australia, the Republic of Korea, and
                                                molybdenum. The substrate for motor                       [FR Doc. 2016–23835 Filed 9–30–16; 8:45 am]             the Republic of Turkey, as a result of
                                                lamination steels contains micro-alloying                 BILLING CODE 3510–DS–P                                  ministerial errors.
                                                levels of elements such as silicon and
                                                aluminum. AHSS and UHSS are considered                                                                            DATES:   Effective October 3, 2016.
                                                                                                          rolling or other minor rolling operations after the
                                                high tensile strength and high elongation                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                          hot-rolling process for purposes of surface finish,
                                                steels, although AHSS and UHSS are covered                flatness, shape control, or gauge control do not        Frances Veith at (202) 482–4295
                                                whether or not they are high tensile strength             constitute cold-rolling sufficient to meet this         (Australia); Peter Zukowski at (202)
                                                or high elongation steels.                                exclusion.                                              482–0189 (Brazil); Myrna Lobo at (202)
                                                   Subject merchandise includes hot-rolled                   13 Ball bearing steels are defined as steels which
                                                steel that has been further processed in a                contain, in addition to iron, each of the following
                                                                                                                                                                  482–2371 (Japan); Matthew Renkey at
                                                third country, including but not limited to               elements by weight in the amount specified: (i) Not     (202) 482–2312 (the Republic of Korea
                                                pickling, oiling, levelling, annealing,                   less than 0.95 nor more than 1.13 percent of carbon;    (Korea)); Dmitry Vladimirov at (202)
                                                tempering, temper rolling, skin passing,                  (ii) not less than 0.22 nor more than 0.48 percent      482–0665, (the Netherlands); Toni Page
                                                painting, varnishing, trimming, cutting,                  of manganese; (iii) none, or not more than 0.03
                                                                                                          percent of sulfur; (iv) none, or not more than 0.03
                                                                                                                                                                  at (202) 482–1398 (the Republic of
                                                punching, and/or slitting, or any other                                                                           Turkey (Turkey)); and Catherine Cartsos
                                                                                                          percent of phosphorus; (v) not less than 0.18 nor
                                                processing that would not otherwise remove                more than 0.37 percent of silicon; (vi) not less than   at (202) 482–1757 (the United
                                                the merchandise from the scope of the orders              1.25 nor more than 1.65 percent of chromium; (vii)      Kingdom), AD/CVD Operations,
                                                if performed in the country of manufacture                none, or not more than 0.28 percent of nickel; (viii)
                                                of the hot-rolled steel.                                  none, or not more than 0.38 percent of copper; and
                                                                                                                                                                  Enforcement and Compliance, U.S.
                                                   All products that meet the written physical            (ix) none, or not more than 0.09 percent of             Department of Commerce, 1401
                                                description, and in which the chemistry                   molybdenum.                                             Constitution Avenue NW., Washington,
                                                quantities do not exceed any one of the noted                14 Tool steels are defined as steels which contain
                                                                                                                                                                  DC 20230.
                                                element levels listed above, are within the               the following combinations of elements in the
                                                                                                          quantity by weight respectively indicated: (i) More     SUPPLEMENTARY INFORMATION:
                                                scope of these orders unless specifically
                                                                                                          than 1.2 percent carbon and more than 10.5 percent
                                                excluded. The following products are outside                                                                      Background
                                                                                                          chromium; or (ii) not less than 0.3 percent carbon
                                                of and/or specifically excluded from the                  and 1.25 percent or more but less than 10.5 percent
                                                scope of this order:                                      chromium; or (iii) not less than 0.85 percent carbon       In accordance with sections 735(a)
                                                   • Universal mill plates (i.e., hot-rolled,             and 1 percent to 1.8 percent, inclusive, manganese;     and 777(i)(1) of the Tariff Act of 1930,
                                                flat-rolled products not in coils that have               or (iv) 0.9 percent to 1.2 percent, inclusive,          as amended (the Act), and 19 CFR
                                                been rolled on four faces or in a closed box              chromium and 0.9 percent to 1.4 percent, inclusive,     351.210(c), on August 4, 2016, the
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                                                pass, of a width exceeding 150 mm but not                 molybdenum; or (v) not less than 0.5 percent carbon
                                                                                                          and not less than 3.5 percent molybdenum; or (vi)       Department made affirmative final
                                                exceeding 1250 mm, of a thickness not less
                                                                                                          not less than 0.5 percent carbon and not less than      determinations in the LTFV
                                                than 4.0 mm, and without patterns in relief);
                                                   • Products that have been cold-rolled
                                                                                                          5.5 percent tungsten.                                   investigations of certain hot-rolled steel
                                                                                                             15 Silico-manganese steel is defined as steels
                                                (cold-reduced) after hot-rolling; 12                                                                              flat from Australia, Brazil, Japan, Korea,
                                                                                                          containing by weight: (i) Not more than 0.7 percent
                                                                                                          of carbon; (ii) 0.5 percent or more but not more than
                                                                                                                                                                  the Netherlands, Turkey, and the United
                                                  12 For purposes of this scope exclusion, rolling        1.9 percent of manganese, and (iii) 0.6 percent or      Kingdom. Pursuant to section 735(d) of
                                                operations such as a skin pass, levelling, temper         more but not more than 2.3 percent of silicon.          the Act, the Department published the


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Document Created: 2018-02-13 14:11:24
Document Modified: 2018-02-13 14:11:24
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 October 3, 2016.
ContactSergio Balbontin at (202) 482-6478 (Brazil); and Katie Marksberry at (202) 482-7906 (Korea); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 67960 

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